Construction - Close-Up

Since we don't want to get squashed or get in the way, we can't really get close up to view the construction. Here is a link to a video and a slideshow of what it looks like:

http://www.diglososos.com/photos-videos/

Doghouse Retrieved from PZLDF!

Darn. I went to the Appellate Court website today to see if anything more was added and found that they had removed the word "doghouse!"

In its place was this dull language,
" Return to SLOSC Civil Appeals attention: Charlie Duran -1 Box Containing Exhibits 1- 10 -2 White Binders (2" and 4")"

Bummer. But one final line was added:

"Case complete."

Yes, indeed!

The Final, Final, Final End.

I reported a few days ago that the PZLDF case, Citizens for Clean Water (or PZLDF) vs. The Regional Water Quality Control Board et al., that flopped for years and was appealed to the next higher court until it finally made it to the State Supreme Court and WAS REJECTED by that court, had few more bits of business completed today: The administrative record was returned to the superior court, a remittitur was issued and finally, after so many years I can't recall where it all began, the case is now COMPLETE, DONE, OVER.

What is a remittitur you ask? (I know I wondered), so I looked it up here:
http://www.capcentral.org/procedures/case_manag/docs/FinalStep-AppellateProcess.pdf

"The remittitur is the final step in the appellate process. If neither rehearing nor review is granted, the Court of Appeal will issue its remittitur about 61 calendar days after the opinion has been filed. (Cal. Rules of Court, rule 8.272.) The issuance of the remittitur signals the end of the appellate court’s jurisdiction. The matter is now properly back before the trial court, which must carry out the higher court’s decision."

So that explains the statement, "Administrative record returned to superior court." But what was the superior court (I know, It has been so long)? It was: 

San Luis Obispo County Superior Court - Main (SLO Court 1)

Trial Court Case Number: CV070472 And what was the higher court, the appellate court's decision? CCW, PZLDF, must pay the court costs of the Regional Water Quality Control Board.  When did this all begin? The earliest pdf I have in my files is dated May 25, 2007.  Looks like a whole lotta court costs to me, likely in the hundreds of thousands of dollars, perhaps more. Those poor, poor people who fell for this DOA case. Sad, sad, sad. Addendum: On 1/23/13 the record of the case was returned from the supreme court to the  appellate court. The court language for the containers with the paperwork was listed as, "3 doghouses." Might be what the appellants will be living in once they pay the bills. http://appellatecases.courtinfo.ca.gov/search/case/dockets.cfm?dist=0&doc_id=2030576&doc_no=S206739 Doghouse defined: http://socal-appellate.blogspot.com/2011/03/in-doghouse.html To see the timeline of this case at the court of appeals: http://appellatecases.courtinfo.ca.gov/search/case/dockets.cfm?dist=2&doc_id=1974927&doc_no=

Sewer Impact on Bus Ridership Info

Dig Los Osos has a new posting regarding bus ridership and the route disruptions caused by the laying of sewer pipes. Please read about it here,

http://www.diglososos.com/2013/01/25/rta-rider-alerts-during-construction/

and click the link on their page to see the alternative bus stops and bus stop closures.

Non-Potable Water Housing in Bright Red

Here are a couple of shots where non-potable water is housed. Water pours in from the white pipe at the top into the red bin, up from a long pipe by the side of the road. It was unclear where it was going. This is part of the dewatering plan as laid out by CDM Smith in March of 2012. Kind of cheerful in red. You can read about the plans on the Regional Water Control Board website here, see the last four attachments:

http://www.waterboards.ca.gov/centralcoast/board_info/agendas/2013/jan/Item_22/

PZLDF Fizzles at California Supreme Court

Dated 1-16-2013, off the appellate court website, (it was posted later than that date), the petition to review the "Citizen's for Clean Water" or the Prohibition Zone Legal Defense Fund has been DENIED. Looks like it is the end of the road of avoiding the Regional Water Quality Control Board's court costs.

If you wish to fill yourself in on these goings on, here is a good place to start:

http://appellatecases.courtinfo.ca.gov/search/case/mainCaseScreen.cfm?dist=2&doc_id=1974927&doc_no=

It will be interesting to see how much dough PZLDF coughs up, hairball-like I suspect, with much chuffing and gagging.

Sun Sets Over The Sewer Pipes

Viewed from South Bay Boulevard on 1/17/13.

Piped Plants?

The green house at the staging area has green pipes with what looks like plants growing out of them. From this distance they look like live oak sprouts. We could try this at home.

Pipes In Progress Yesterday, 1/16/13

Porcelain Throne Drop-Off

Little did I know when walking 9th Street today that there was a drop off for toilets no longer needed because you took advantage of the County's rebate program and got a new, low-flow one to replace it.

Contact Ray Dienzo, Project Engineer, at (805) 788-2110 with questions on how to do this or any other questions on the Water Conservation Rebate Program. An overview can be found on the link below:

http://www.slocounty.ca.gov/PW/LOWWP/LOWWP.htm

Read this too:

http://www.slocounty.ca.gov/PW/LOWWP/Water_Saver_Links.htm

This is a link to the rebate application:

http://www.slocounty.ca.gov/Assets/PW/LOWWP/WC+rebate+form.pdf

County Puts 1st WW Project Brochure Online

You can access it by clicking this link:

http://www.diglososos.com/Home/wp-content/uploads/2013/01/Dig-Los-Osos-Los-Osos-Wastewater-Project-December-2012-Mailer.pdf

Staff Reports by RWQCB Posted Today for 2-1-13 Meeting

This topic is the dewatering plan for Los Osos. Find the four reports at this link:

http://www.waterboards.ca.gov/centralcoast/board_info/agendas/2013/jan/Item_22/index.shtml

Sewer Progress Photos

Took a few shots on Tuesday of the work on the collection system. The water in the white truck used to water down the dust is non-potable, which will make the potable water watchers happy.

Sewer Posters for Sale

Found on Tumblr. this afternoon, a website selling posters of sewer history! Right up our alley Los Osos!

http://sewerhistory.org/posters.htm

Topics include:

• Cloacina - Goddess of the Sewers

• Manhole Covers Through the Ages

• Sewer Pipes Through the Ages

Los Osos Dewatering Update at CC Regional Water Quality Control Board

Friday, February 1, 2013, David LaCaro will give a technical/status update report of the Los Osos dewatering plan.

Dig Los Osos Has An Update

Please read the news posted on this page about completed work (with only minor finish work left!):

http://www.diglososos.com/2013/01/10/first-areas-of-work-complete/

Mid-Town Site, Graded and Poised to Sprout

Here are some shots that I took yesterday of the Mid-Town restoration. Work was done for the day and it was rather peaceful.

Snowball's Chance Around the Supreme Court's Campfire

I know that we have all waited with baited breath for the next bit of PZLDF news and sadly, there is nothing yet to report. But there is some interesting background information around this sort of case, which left the Second District Appellate Court on December 5, 2012 and was officially received by the California Supreme Court on December 11, 2012, as a "Petition for Review."

There is a lot of riveting information in the 181 page Court Statistics Report linked here, but I will just toss out the tastiest morsels to slowly roast over the campfire:

PETITION FOR REVIEW. A petition for review is filed in the California Supreme Court to ask that court to exercise its discretion to review a decision issued by a Court of Appeal in an appeal or an original proceeding. The Supreme Court has a total of 90 days to consider a petition for review, after which it loses jurisdiction. If apetition for review is granted by the Supreme Court then full briefing occurs on the case; if a petition is deniedthen the judgment of the lower court becomes final as to the case.

petition for review A request for Supreme

Court review of a Court of Appeal decision.

petition for review denied An order by the

Supreme Court declining review of a Court of

Appeal decision.

petition for review granted An order by the

Supreme Court granting review of a Court of

Appeal decision.

                                                                               

petition for review granted and held An order                        

by the Supreme Court granting review of a Court

of Appeal decision that will be held for final action

until a lead case addressing a related issue has

been decided by the Supreme Court.

petition for review granted and transferred

An order by the Supreme Court granting review of

a Court of Appeal summary denial in an original

proceeding and transferring review of the case to

a Court of Appeal for further proceedings.

request for publication or depublication

A case in which the sole relief requested is for the

Supreme Court to order that a Court of Appeal

decision be either published or depublished.

Page 31 has an interesting statistic for the year 2010-2011; just 5% of the cases submitted were granted a review. One would assume then, that 95% were NOT granted a review.

On Friday, the first 30 days will have expired from the jurisdictional time clock. Of course, we do not know if this means working days or calendar days, so we will need to be extra patient if this drags out longer than 90 days.

I'm sure those PZLDFers slated to begin payments to the Water Board if this case does not get picked up by the Supremes (and in crude language, "won") must be dancing a toastie-footed jig right about now as they are pretty close to the campfire flames (years of Water Board Court costs must be at least in the hundreds of thousands by now). But they, like us, will just have to wait and see...."Citizens in Boiling Water" comes to mind.

Dig Los Osos' New Post on Santa Ysabel Work

Read the latest road work report for the work that begins January 14 on Santa Ysabel:

http://www.diglososos.com/2013/01/04/upcoming-work-on-santa-ysabel-aveune/

The detour map can be found at this link:

http://www.diglososos.com/Home/wp-content/uploads/2013/01/Dig-Los-Osos-_-Santa-Ysabel-Detour-Map.pdf

Submittal of Restoration Resolution, BOS, Tuesday January 8, 2013

Board of Supervisors, Consent Agenda Item:

25. Submittal of a resolution authorizing execution of notice of completion and acceptance for the MidTown Site Restoration Project, Los Osos. District 2

I will post a link to the staff report when it becomes available.

Now available at this link:
http://agenda.slocounty.ca.gov/agenda/sanluisobispo/Proposal.html?select=1767