Sewage Politics

I won't pretend to not be concerned about the future of the LOCSD, my husband is a candidate this election cycle and I was one myself back in 2006. I have been blogging about things sewer and the LOCSD since 2006. But a FALSE narrative has been circulating in the community about a certain candidate's forum which was held October 10 at the South Bay Community Center. It was organized by Keith Swanson. 

I can't speak for any candidate, attendees or not, but I can speak on the topic of why the program has not aired on Channel 20. There are a lot of garbage-y reasons floating around regarding this this, slamming incumbent candidate directors and the LOCSD's General Manager. Pure political BUNK. There is a legal reason preventing airing the forum. You probably already know that the office of Director for LOCSD is non-partisan.

Last night at the Emergency Services Advisory Committee, Director Michael Wright gave the background on why it was not aired.

The gist was this: The proposal to air the show came into the LOCSD office to the General Manager Kathy Kivley. She has not been in the District long enough to go through an election cycle, but knew when you don't know something, you look up what the rules are. She found a rule on the District's books that the LOCSD itself can't be involved in sponsoring something that involves a political party. The Grass Roots Dems supplied a moderator, and they are registered as an actual political pac. Other forums have used the non-political League of Women Voters to moderate. Of course this decision was not made without consulting LOCSD legal counsel Mike Seitz.

The Board can agendize this issue, discuss it and even modify the rule, but as it stands now, it is up to the Directors to do something, NOT staff, and it needs to go onto a LOCSD meeting agenda. So, established legal principles and binding agreements were honored. As they should be.

Footnote: What inspired me in part to write this entry was an inaccurate and purely speculative letter in the Bay News, "Dirty Politics in Los Osos," by Keith Swanson's Campaign Treasurer, Jerri Walsh. 

Upon further digging on this topic, and remembering event organizer Mr. Swanson's E-mail early on to the candidates mentioning co-sponsorship by the Grass Roots Dems (and that was mentioned again at the Emergency Services Committee meeting on Wednesday night), it would seem that the FPPC deems that when a partisan group sponsors (co-sponsors, in this case) an event, unless the candidates themselves pay for this event (which they DID NOT), this constitutes a contribution to a candidate. The CSD is not a partisan entity and can't make contributions to partisan groups, which airing the event would be. Sorry Mr. Swanson, but those are the rules.

I wonder why the League of Women Voters was not contacted, or the Latino Outreach Council? Oh wait, Mr. Swanson mentioned it himself, those groups DON'T sponsor events like this—they only MODERATE them!

I guess getting this done was very important to Mr. Swanson and he should be glad anyone with a computer can access the event on YouTube, which actually reaches more households than cable TV service's Channel 20. But in getting so nasty as he did at the ESAC meeting and on his recent appearance on Dave Congalton's radio show, he erased any goodwill he may have garnered from his participation in the forum and by the ESAC meeting participants. He has unfortunately also pointed out how little he knows on FPPC rules which all candidates must abide by. If his unprofessional and rude treatment of staff now, in this case Ms. Kivley, who must thread the needle between rules and the instructions from the Board, is anything like his manner toward staff if elected, good luck to all in our CSD office.

Seitz Explains Measure B News - Zombie Precautions Not Needed

A new feature of LOCSD meetings is the District's legal counsel explaining what HE is working on. I won't go down the long list of his jobs (I was really amazed at the work performed in just one month) but will update us all here in sewer-land on the dreaded Measure B and why it appeared on the LOCSD Closes Session agenda on September 4, 2014. 

"Housekeeping" said Mike Seitz. So, even though there will be a "case management" meeting on Monday, September 8, in court, it really won't amount to much. The Measure B suit from the Regional Water Quality Control Board was suspended by the bankruptcy, and as we have seen, the bankruptcy appears month after month on the LOCSD closed session agendas, as the many leftover bits and pieces need to be swept up and disposed of. In this case, "injunctive relief" is the bit to be put to rest in the dustbin of sewer history.

Let us all hope that this goes as expected with our long dead Measure B. Zombies can be vanquished in a variety of methods according to which movie you wish to cite. Experts vary in their opinions. But substantial structural destruction to any part of the brain seems to do the trick. Substantial destruction to District finances from this folly might finally be put to rest as well.

Bankruptcy-Sewer News

Stopping that last sewer project had horrible financial impacts on the Los Osos CSD (bankruptcy) among other things of course. Last night at the CSD meeting, Mike Seitz, general legal counsel to the CSD, reported out of the Board's closed session that Judge Riblet had signed the order to dismiss the bankruptcy, but the case will remain open for the next two years to accommodate the creditors. Multiple checks have been written to those many creditors to date.

In other financial news from the CSD last night was the mid-year budget adjustment. Since the solid waste franchise was transferred to the County on December 31, 2013 for $2.8 million to help pay for the bankruptcy, the income from this asset was terminated, so much shifting of monies to cover the deficit was required. This financial loss was decried by a couple of speakers who were both major players in causing this bankruptcy to happen, necessitating the sale of the solid waste franchise (bake sales presumably having failed to make up the deficit in CSD funds to cover the bankruptcy costs). Of course there was no shame or any recognition of culpability at all in their demeanor or speeches and much mud was flung at innocent parties to distract viewers from the speaker's moral lapse.

A "just-like-old-times" footnote: There was rich dramedy as these speakers attempted to shout over the loud, repeating beeps of the three-minute timer signaling the end of their public comment period. It was a pretty rowdy meeting too from the noise makers at the back of the room. CSD President Craig Baltimore had to rightly request the chatter and shouts to cease at the back of the room multiple times and had to ask one loudmouth to leave.