Title 26 Growth Management Ordinance Hearing 5-21-13 at BOS

Los Osians with vacant lots, this is of interest to some of you. This was posted in the "Classifieds" section of todays' Tribune, under the heading "Legal."

TYPO in heading corrected from 16 to 26!

Rebate Reminder!

Dig Los Osos has a new posting reminding us of the County's water conservation rebate offer. If you haven't taken advantage of this yet, jump on in!

http://www.diglososos.com/2013/05/07/save-money-with-water-conservation-rebates/

Allocation Extension Amendment Introduction

Off the Consent Agenda for the BOS meeting on May 7, 2013:

Items Set for Hearing:

1. Introduction of an amendment to the Growth Management Ordinance, Title 26 of the County Code, to update the fiscal year references for the maximum number of new dwelling units allowed for the Nipomo Mesa area for Fiscal Year 2013-2014 and extension of the allocation waiting list for Los Osos. Hearing date set for May 21, 2013. Districts 2 & 4.*

The sewer project will not being completed by the date the last allocation extension for building was set to expire, so this has caused the need for another date extension. The allocation to be on this waiting list is described by the County as,

"1) no dwelling units are available and an allocation request is submitted to get on a waiting list; for example, the Los Osos moratorium area"

"To process an allocation to be placed on a waiting list, a “Request for Allocation” application must be completed and submitted. A $594.00 non-refundable fee must be submitted with the application for each new proposed residential unit."

To read more about what this means, follow this link:

http://www.slocounty.ca.gov/Assets/PL/Allocations/Guide+to+Growth+Managment+-+Allocations-Allotments.pdf

You might also want to view the information at this link:

http://www.slocounty.ca.gov/planning/Property_Uses_and_Development.htm

As of the week of April 26, 2013, there are 196 allocations on the waiting list in the Los Osos Prohibition Zone.

* When the support documents to Item 1 are posted on the BOS site, I will add the link. Here it is.....

http://agenda.slocounty.ca.gov/agenda/sanluisobispo/Proposal.html;jsessionid=DE342F538779C31D4F688EC5F85491D7?select=2104

The March LOWWP Update Report Is Now Online!

Please follow the link to the March Construction Update to see what the sewer accomplishments were for last month:

http://www.slocounty.ca.gov/Assets/PW/LOWWP/News+Archives/PM+Monthly+Update+Mar2013.pdf

This update also includes where work is scheduled to go next. Some cool pictures accompany the report!

Bicycle Riders—Heads Up!

New Post from Dig Los Osos inspired by Los Osos resident and San Luis Obispo Bicycle Club member Dave Abrecht. If you ride a bike around Los Osos, please read the article at this link:

http://www.diglososos.com/2013/04/19/improve-your-bike-skills-in-los-osos/

Supes Look at More Recycled Water Sales Next Tuesday

Off the Public Works portion of the Consent Agenda:

18. Request to approve agreements for delivery of recycled water for agricultural purposes related to the Los Osos Wastewater Project with Les and Mary Lou Goodwin; and Earl May. District 2.

You can find this items agenda items at this link:

http://agenda.slocounty.ca.gov/agenda/sanluisobispo/Proposal.html?select=2063

Jeff Lewis's Cool Video!

(Click the photo or the link below.)

Mr. Lewis's YouTube time-lapse video of the laying of sewer pipe April 11 on Highland Drive was given a showing at today's Board of Supes. Rather balletic I'd say! Beautifully done with peppy music too. Even those of you not sewer obsessed will like this one! (I have viewed it 4 times so far.) http://youtu.be/84vn2AiQpqc

Since Mr. Lewis says, "I hope you liked it" at the end, I'll answer. YES! Thanks for making the video and sharing it with us!

Solid Waste NOT Related to the Sewer Project

Dig Los Osos has a new post, a notice from Mission Country Disposal. Their pick-up times have been altered to accommodate the sewer project.

Here is what Mission Country sent to residents:

NOTICE

Los Osos and Baywood Park

Starting Monday, April 15th, the service time for your Trash, Green Waste, and Recycle containers will change to 5:30 A.M. This will allow our trucks to service the areas around and in the construction zone safely and help reduce traffic congestion in the construction zone areas. Please have all of your containers out at the curb the night before your scheduled service day. If you have any question please contact our office at 805-927-4995.

Thank you for your cooperation.

Mission Country Disposal

So remember to get those cans out extra early or the night before, starting next Monday, April 15.

Routine Sewer-Related Task at the Planning Commission

Growth Management Ordinance, Title 26 of The San Luis Obispo County Code To Be Amended (if the Planning Commission agrees which it seems likely to do)

Thursday, April 11 2013, the Planning Commission will hear a request by the County to extend the allocation waiting list for the community of Los Osos beyond June 30, 2013 to allow time for completion of the community sewer system. (Nipomo is getting tweaked as well under Item 3.) Jo Manson, Project Manager, recommends that the Board of Supervisors approve this extension.

You can read the staff report here:

http://slocounty.granicus.com/MetaViewer.php?view_id=3&event_id=120&meta_id=261567

Look at point 2 under "Discussion" for the part about Los Osos. 

What this means that all deferred allocations for building won't expire on June 30, 2013 as it normally would, as that as the date set for unused allocations to expire from the last time this document was amended in 2009. But as allocations have no chance to be acted on due to the lack of a sewer, the date is requested to be extended to June 30, 2016.

Friday's Follow Up!

Today I had my water saver pre-inspection to see what needed to be changed to pass inspection to get some of that rebate money. I knew some things would pass, like the dual flush toilet (1.6 and .9 gallons per flush) and the single 1.6 gpf toilet (that seemed SO water saving a few years ago…..and I guess it was compared to what we had before). There is no money for changing out to a 1.28 as so little water savings would ensue it wasn't included as a recommendation to do in the report that was generated to pick the best ways to save (see the Maddaus Report OR "Water Conservation Implementation Plan for The Los Osos Wastewater Project").

More of concern were the fixtures in the bathrooms and the faucet in the kitchen. There seemed to be no way to modify them at all and it was depressing to think that the fancy fixtures that we spent days picking out (and a fair amount of money on) might need to go to recycle-land.

So the appointed hour arrived and the young woman water auditor arrived and the tests began. She used a 5-gallon paint bucket (mostly to carry the measuring device—to keep water off your floors, although there was a chart on the side which she consulted once) and what looked like a mixer bowl for making pancakes with a handle and measurements marked on it. She held the mixer bowl under the water flow and timed the water coming from each shower and faucet. The amount in the bowl indicated either a pass or a no-pass. She was quite fast about doing the whole thing, and really nice answering all of my dopey questions too.

Here's what I learned:

• The amount the fixture says it will deliver on the literature varies in reality greatly. Two identical bathroom faucets delivered different amounts, (both under the limit, thank goodness). Not sure if the difference was a change in water pressure in the two locations, or because one spout is deck mounted and one is wall mounted.

(The camera lens is exaggerating the spout diameter, it is uniform!)

• Both our showerheads are identical models, but the valve on one is fixed, the water is on or off, you adjust the temperature by rotating the handle (this one did not pass at almost 3 gpm) and the valve on the other, while rotating to the desired temperature, also pulls out to give more or less of a spray (this one passed at almost 2gpm).

• The kitchen sink faucet, rated to go up to 2.2 gpm with no apparent way to add an aerator, did not pass with an output of slightly over 2 gpm, but it can be modified by removing a little plastic disc in the center and putting in an aerator! Thank goodness. That one was another agonizing fixture to pick out. A $5.00 rebate applies and I am good with that.

• If a plumber can find a way to restrict the output on the one shower that is at almost 3gpm to down 2 gpm or less, it will pass inspection, but no rebate as it will not be replaced. I will find out and report later.

• Fixtures deliver water influenced by water pressure in the neighborhood and in your individual house too. What the fixture is rated to deliver is only the maximum it could deliver, not what it will deliver.

• New showerhead designs are coming out all the time, so if nothing matches the style that you have now, you might wait a bit and find one a little later on.

• So now what else can I do to save water and get a rebate? Our dishwasher is new, so it already saves water, no need to replace that. And the only way to have gotten money toward a recirculating pump (my first choice for an improvement) was to have both toilets at 1.28 or less and all faucets at 1.5 gpm, so we didn't quality there. But our washer is a top-loading antique. That is our best bet for the $150 rebate level.

Off Topic Here!

Have you been getting cheesy robo calls for a septic tank treatment? I got two tonight for the same stuff and this is the third time they have called, that I know of anyway. Something called "Proactiv" that "Cleans up your leach field and prevents clogging!" And "Never pump your tank again!"

I say baloney and besides, the only "Proactiv" stuff I can find online is an acne cure! One in the same perhaps? 

Too bad this stuff doesn't activate the "Do Not Call" designation I signed up for. I'd buy some and soak my phone in it if it did.

One More Step

The sign at the entrance to the Los Osos treatment-plant-to-be is now posted on LOVR right past the cemetery heading east. According to Bruce Gibson at his last Office Hours on March 28, the Giacomazzi property has been secured and is awaiting the formal process of creating a public lot (out of the otherwise farmland—only 24.5 acres of  the 100.29 acre parcel are to be used for the wastewater treatment plant). One more step forward toward sanitation.

What I Found Out

I went to the project office today at 2025 Tenth Street to find out about my lateral and what could be done about faucets that have no visible means of modification to reach the targeted goals of 1.5 gallons per minute or less. (I had gone online and found that my unmodifiable kitchen faucet for instance could put out 2.5 gpm, yikes!)

I met Michelle Houser who is the Community Liaison and who is really someone interested in getting you to the right place for answers. Very helpful! (Don't be bashful, she will put you at ease immediately!)

Michelle told me that I will need to get a pre-inspection on my faucets and the contact person to schedule that is Ray Dienzo at 788-6633. He is the Water Conservation Manager. That number will get you to a message service and he will call back as soon as humanly possible, but it might take two days, the office has been swamped lately.

Next person I needed to see was the "lateral guy," and I don't know if the same person fills that role every day that the office is open or not, but I met with Tim Cate at the next desk over who also was really helpful and perfectly patient with my endless questions. I had a whole-neighborhood lateral print-out I had made from a pdf file that had been sent to me ages ago by a Public Works guy and it really didn't mean much to me. I needed a translator!

Apparently mine was the same file from the old project and it was in Tim's big book of lateral plans. I have heard other parts of town had some lateral changes, so if you are concerned where your lateral actually is, do visit the Tenth Street office and get the guided tour.

Tim brought up my house on Google Earth Street View so he was able to show me the side of my property where the lateral will go. Many of us have ignored where the right of way actually is and filled in that big blank spot with flowers (OK, some weeds too) and in my case a bear statue. I will need to plan for eight feet to be cleared around where the lateral will go in that right of way. I can be less wide than eight feet where I pick up the line past the County-easement part on my property, I intend to hire a person to hand dig it the rest of the way to save as many plants as I can. Rotator cuff surgery is my excuse not to dig it myself!

Here is something else I learned. The County won't be allowed to dig up any trees. So if a tree has grown on top of the path to your lateral, you might want to find out how to handle that. You might need a re-route of your lateral, and as I said yesterday, time is almost up to make those changes. I see trees cut down all the time around here, but have no idea if the proper procedure was followed or not. I found this general ordinance online for us in the Coastal Zone,

"Coastal:

No tree over 8” in diameter at 4’ from the ground may be removed or killed unless a permit is first issued.   A permit can only be issued if the tree meets certain criteria.   If you feel you have a hazardous tree, or one that is damaging utilities or your house, please call us for an inspection."
http://www.slocounty.ca.gov/planning/Ordinance_Compliance_and_Enforcement/Code_Enforcement_Frequently_Asked_Questions.htm

Don't be caught flat-footed when lateral time comes to your house!

Expect to see a stake placed in your yard prior to construction on your street. This is where your lateral will go. Don't forget to visit the interactive map to see the estimated time that construction will begin on your street. Be sure to check back frequently as due to the nature of construction, especially in this archeologically sensitive area, your time may have shifted. Here is the link, and click on as close as possible to where your house actually is to get an accurate reading!

https://gisapps.hdrprojects.com/LosOsos/index.html

I lucked out on a slowdown in the pre-inspection office, I got a call back from Ray less than two hours later! My appointment is for Friday at 1:00 - I'll report how that went!

Check Your Mailbox

Perhaps yours has already arrived, mine did on Monday—the latest brochure from the County. It is all about indoor water conservation and the rebate program for retrofitting your old fixtures with new water saving ones. Best to strike while the rebate amount is the highest, rather then waiting until the last minute when the rebate goes down!* Retrofitting is a condition to be met in order to hook up to the sewer. Find the brochure at this link:
http://www.slocounty.ca.gov/Assets/PW/LOWWP/Brochure.pdf

The goal of the program is to get us PZers all down to 50 gallons per person per day for indoor water use.

For some of us who have already retrofitted toilets, shower heads and faucets, there are optional rebates for extra-efficient toilets, clothes washers and other appliances. I waste the most water waiting for the hot water to arrive at the sink farthest away from the water heater. I feel guilty about wasting it, but don't fancy hauling buckets around. I'm going to call about a water circulating pump that pumps hot water through the house so any faucet will have hot water instantly (they are on timers, so you don't waste electricity pumping it around when you are asleep). I'll keep you posted on whether or not this sort of device qualifies.

Another concern of mine is fancy and/or expensive shower heads and faucets that have no visible means of attaching an aerator. What if they do not quality as low-flow? Did anyone save the packing materials to know what the flow is? I recall months ago seeing someone representing some company at some meeting that was looking for the retrofit job. He said they had ways to make the fancy fixtures that seem impervious to modifications to qualify. I will see what I can find out about that too. (I have no idea how to test my faucets, so I am going to call for an inspection to find out—788-6633.)

The "Water Saver Rebate Application" is part of the brochure.

FINAL NOTICE! Also included in this mailer is the notice of "last call on the last chance to request a move of your sewer lateral." Really, if you want it moved to avoid landscaping, hardscaping, or whatever, this is it! Too bad, so sad when the construction comes to your street, there will be no moving it then!

* NOTE: the toilet and shower head installation rebate is only available through 2013. So don't wait and lose out on that!

February Project Report Online

Check out the latest report on our sewer project from John Waddell! You can find it at this link:

http://www.slocounty.ca.gov/Assets/PW/LOWWP/document+library/PM+Monthy+Update+Feb2013.pdf

If you missed reading the January report, you can find it at this link:

http://www.slocounty.ca.gov/Assets/PW/LOWWP/document+library/PM+Monthly+Update+Jan.+2013.pdf

Happy reading!

Dig LO Announces Part of LOVR Complete!

Good news from Dig Los Osos this evening! The sewer lines on Los Osos Valley Road from 9th Street to Alexander Avenue are finished! Please read about the details at this link:

http://www.diglososos.com/2013/03/22/portion-of-los-osos-valley-road-finished/

Granted, navigating around and through the construction areas takes patience. But the equipment and trenches will eventually vanish, leaving us with roads smoother than many of us have ever seen them and unhappy septic tank issues that will never again surface.

Broderson Leach Field Demystified!

Dig Los Osos has a new post on what is happening at Broderson. It is a great place to hike and looks like it will continue to be be so, just a couple of trail re-routes! The article also gives a schedule for work.

The link to the article is here and the link to their map is here, in case you want to go straight to the map first. It takes a moment or two to load the map and scroll down to see the plant list! Especially edifying is the huge removal of the dreaded and icky Veldt grass (Ehrharta calycina). You can read more about that ghastly grass here:

http://www.parks.ca.gov/?page_id=21574

Two New Things From Dig Los Osos And One Is AMAZING!

The latest from Dig Los Osos is a progress report on how the project is progressing, which can be accessed here:

http://www.diglososos.com/2013/03/06/update-on-work-around-town/

And the AMAZING part is the new interactive map! Click on your street to see when the construction is due to begin, or any other part of town that you are curious about. This is really a cool feature to keep us all in the loop!

The link to the interactive map comes off of the Traffic Update Map (http://www.diglososos.com/traffic-update/) and can be found at this link:

https://gisapps.hdrprojects.com/LosOsos/index.html

The scrolling wheel on my mouse expands and shrinks the map area, but the bar on the left with the plus and minus signs will do the same thing. Click on the area where your house is on your street to find out when the construction will start! Have fun!

Festival Has A Water Bar!

Los Angeles sewer system water, Lake Arrowhead water, Mt. Shasta water, Pacific Ocean water, Colorado River water, hot springs water, rain water—all featured at the water bar at the Oasis! One of the venues at the Coachella Valley Music and Arts Festival!

Really, with as unique a story as Los Osos has, couldn't we do something equally wacky to help people understand water issues and innovations for the future?

Check out these links:

http://www.coachella.com/festival-info/sustainability#c-tab3

http://consequenceofsound.net/2013/03/coachella-2013-water-lineup/

The dates for the festival are April 12-14 and 19-21, 2013.

What Our Little Sewer Will Never Be.....

........is like any of these on the link below. Sewer aficionados, take a brief tour of what large metropolitan sewers look like. Amazingly, I found this on the weather.com page:

http://www.weather.com/travel/sewer-tours-20130304?pageno=1

I especially enjoyed the second set of photos, (which seem to be accessed from the article below the first set of photos), which are of the Paris sewer museum (Musee des Egouts de Paris). Lovely, GQ-quality sewer worker mannequins! (The museum sells toy rats. Wish we could think of an angle for tourism and income like that......)

See their site at this link:

http://www.parismuseumpass.com/musee-musee-des-egouts-de-paris-23.htm

Be glad we don't have smell-o-vision on our computers! Enjoy!

Rather Sculptural

The scale of these machines about town and the angularity of the parts remind me of sculptural forms (and sometimes giant insects).

Does Your Property Encroach on the Public Right of Way?

New post by Dig Los Osos. I think a lot of us have probably encroached! I'm pretty sure I am guilty with plants anyway. And a statue; no, make that two statues. And some pots. When my street is given the heads up, I plan on digging up some plants and moving them. And I'll move the rest of the stuff of course. The project can have the weeds however, and gladly!

Please read this so you are ready when the sewer work begins on your street:

http://www.diglososos.com/2013/02/27/does-your-property-encroach-on-the-public-right-of-way/

Construction Safety Tips—Don't Get Squashed!

A reminder for all of us around construction on how to remain safe, whether in cars, on bicycles or on foot:

http://www.diglososos.com/2012/11/16/tips-for-your-safety/

County's Project Update, January 2013

Read the update off this link:

http://www.slocounty.ca.gov/Assets/PW/LOWWP/document+library/PM+Monthly+Update+Jan.+2013.pdf

This is a really detailed summary of work done and steps to be done this month. Get out your reading glasses. And the photos are awesome!

Bay News Article - Don't Miss It!

This week's Bay News (February 21-27, 2013) has a very informative article ("What's Next With Osos Sewer") by Neil Farrell on the sewer project. Interviewed is John Waddell, the County's Project Manager, who answers a LOT of questions about the project. There are contact numbers and E-mails to use for additional information. Pick up a copy at your favorite venue about town, or read it online at this link:

http://www.tolosapress.com/managed_files/cms/BNWebIssue022113.pdf

Wednesday, New Dig LO Office Hours

Just out on a new tweet, Dig Los Osos has added Wednesdays 1:00 - 4:00pm. to the Office Hours line-up. Stop by tomorrow!

https://twitter.com/diglososos/statuses/303952358558285824

Like Water to Dry Farmers. Or, the Latest, Angst-Ridden (Tiny) Sewer-Related Protest

Yes, there is always something to nit-pick over, isn't there? But let's just start with the words of Condition 97 in the Coastal Development Permit for the sewer before we get into the details of the protest.

Condition 97 of the CDP (Here is the whole thing.)

97. Disposal of treated effluent shall be reserved for the following sites/uses in the Los Osos Groundwater Basin:

a.   Broderson (not to exceed 448 AFY on an average annual basis),

b.   Urban re-use within the urban reserve line (as identified in the Effluent Re-Use and Disposal Tech Memo, July 2008),

c.    Agricultural re-use overlying the Los Osos Groundwater Basin,

d.   Environmental reservations (not less than 10% of the total volume of treated effluent).

Total agricultural re-use shall not be less than 10% of the total treated effluent. Disposal shall be prioritized to reduce seawater intrusion and return/retain water to/in the Los Osos groundwater basin. Highest priority shall be given to replacing potable water uses with tertiary treated effluent consistent with Water Code Section 13550.

No amount of treated effluent may be used to satisfy or offset water needs that result from non-agricultural development outside the Urban Reserve Line of the community of Los Osos.

Certain members of the public are trying to rouse a rallying cry around the contract that the County let to an agriculturalist last November. They claim because this farm is not over the basin, there is no sea water mitigation, therefore we should go back to the Coastal Commission and get this 10% of recycled water going to agricultural use changed (to what else is unclear). 

But isn't this just a tad soon? The plant hasn't even started construction yet and won't be finished for a couple more years when water delivery can begin. Over-the-basin farmers may come on board. Don't we want to trade the recycled water for the drinkable groundwater that they pump to use on their crops?

Granted, it took twenty years of education to get the farmer's acceptance for using recycled water on crops in Monterey County. But a lot of that educational work has been done and absorbed by farmers everywhere, especially pushed home with the specter of drought that afflicts many areas in California and wells that start pulling up brackish water. It wouldn't necessarily take twenty years here to get more farmers interested in this program.

The farmers over the basin are basically being asked to trade their groundwater that they would normally pump for the recycled water that the plant would provide. They sit over the same basin that we do. They face the same water challenges that we do, and according to water law in California, they get first dibs on ground water, not us. These are the same people just a few years back that had fifty members of their area sign a protest petition against putting our sewage in their neck of the woods, rather than in town, its origination point. Maybe they'd like to see how this all rolls out? Maybe they would like to see how considerate the conditions of the Coastal Permit are to their area concerning traffic, lighting, noise and smells? Maybe they are a little hesitant for signing contracts for a reason? Don't they deserve some consideration from us, we who asked them to accept the plant in their backyard? I think that they do. 

And this is wayyyyyyyy too soon to nag the Board of Supervisors to ask the Coastal Commission to change recycled water conditions. We need far more information years down the road to see if this if is even a reasonable request.

Meanwhile, we all can get an education from other areas on how this works. Here are a couple of websites that speak to this issue of recycled water usage on farmland:

http://www.pacinst.org/reports/success_stories/recycled_water_and_agriculture.htm

(Look at the videos.)

http://www.pvwma.dst.ca.us/project-operations/recycled-water.php

http://www.mrwpca.org/recycling/index.php

Cool Cat

Here is one of the many cool-looking hunks of large machinery that inhabit our streets these days.

New Post - Dig Los Osos on Water Line Break

If you were wondering that evening on February 5, here's what happened:

http://www.diglososos.com/2013/02/08/evening-work-on-santa-ysabel/

Sierra Club Uncovers Poop Products

Sorry, couldn't resist. Use the link at the bottom.

The article below reminded me of when I worked at a home and garden center in LA. We sold "Poopets," which were whimsical animals made out of compressed and dried used animal chow of a vegetable nature. (These days from organically raised cattle.) You would place them in your garden where gentle rains or your sprinkler system slowly degraded them into plant nutrients. See what I mean here: http://gardengazebo.com/poopets

Enjoy! Thanks Sierra Club!
http://sierraclub.typepad.com/greenlife/2013/01/4-unexpected-products-made-from-poop.html

PZLDF Correction!

I spoke to someone knowledgeable on the PZLDF case yesterday. This person recommended a closer reading of the judgement against PZLDF. There is a difference I learned, between paying "court costs" and "attorney's costs." Around five thousand compared to hundreds of thousands. So those PZLDF signers, however many of them that are still left, for all those fruitless years of struggle and ultimate defeat, will not be paying much at all to the Water Board, just the court costs. Well, cheers for that small victory anyway, right? Right?

Of course, their own attorney's fees, that might be a different matter, but one shrouded in secrecy to us non-PZLDFers of course. Much like the dollar amount of the mysterious bill that the CSD owed PZLDF's attorney, the CSD having signed to be a party in the case with PZLDF in its early stages, lo, these many years ago. 

Joining the case was determined by some board agreement hatched in some secret Brown-Act violation meeting, with the idea to pay 25% of the total bill to represent the CSD's interests. This pointless idea was never agendized for a public meeting or listed even for closed session, due no doubt to fears of public outcry. The CSD had to pay the attorney's costs from before the contract was even signed! But hey, when your friends need a cash cow to pay bills, you tie a rope on her and bring her into the barn. The CSD was bankrupt but, hey, friends are friends.

The board's decision lacked any sort of public comment until after the fact, and the tone by that time was not pretty, the beef being, besides being snookered into joining the case, is that the CSD—well, let's say the public anyway (not the board members)—NEVER KNEW the TOTAL AMOUNT of the bill, so the dollar amount on the CSD's percentage was just a nice round number that could never be verified. Perhaps the CSD paid the TOTAL bill. We in the community will never know. The CSD exited the case quietly.

Perhaps to exit this story ourselves we can imagine that PZLDF was treated pro bono these past five years, giving a nice warm, fuzzy glow to their losing their bogus and silly case so spectacularly?

LO on BOS Agenda, 2/5/13

Consent Agenda, Public Works:

7. Submittal of a resolution authorizing water conservation program costs from the Los Osos Wastewater Project to be designated as matching funds for WaterSMART grants within the Los Osos Groundwater Basin. District 2.

See support documents off these links:

http://agenda.slocounty.ca.gov/agenda/sanluisobispo/1831/SXRlbV9Eb2N1bWVudF8oUHVibGljKV8=/14/n/11874.doc

http://agenda.slocounty.ca.gov/agenda/sanluisobispo/1831/TE9XV1BfQm9hcmRfSXRlbV8yLTUtMTNfcnNsX3BkZkEucGRm/12/n/11871.doc

Levity for the Toilet Obsessed

http://www.artlebedev.ru/everything/oktopus/

English version, click here:

http://laughingsquid.com/oktopus-a-tentacle-toilet-plunger/

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