Reference Documents

Showing posts with label Measure B. Show all posts
Showing posts with label Measure B. Show all posts

Monday, October 17, 2016

Julie's Revisionist History......Again.

I am stepping into the sewer on my sewer blog to correct the misstatements of a certain retread political candidate for the LOCSD. Once again Julie Tacker is making, no, faking history to put herself in a more favorable light. This image is off her campaign Facebook page - click to see a larger image and to read the text:


Misstatement #1 - "...which District 2 County Supervisor wouldn't move the sewer in 2003 when the permits were before them?"

Nooooo. That is NOT what was before them. YOU, Ms. Tacker, were before them—on the topic of the Coastal Development Permit; you were stating that the EIR was faulty. There was no "moving the sewer" mentioned. If "moving it" was the intent, it would take an incredible amount of work to do so, actually YEARS of work, not just a meeting in front of the Board. Never mind the additional cost.

Here is a copy-and-paste right off of the minutes of the October 21, 2003 Board of Supervisor's meeting (and BTW, the EIR was certified on March 1, 2001, so as the objections and lawsuits mounted, we can already see how this was upping the cost of the project: 2001 - $81.6 million; 2003 - $93 million):
This is the time set for hearing to consider an appeal by Julie Tacker for Concerned Citizens of Los Osos and Al Barrow for Citizens for Affordable and Safe Environment of the Planning Commission’s approval of the Planning Commission’s approval of the Los Osos wastewater project, a request by the Los Osos Community Services District to construct and operate a community wastewater project to include a collection system, treatment facility plant, effluent disposal system, harvest well system and all related infrastructure, located in the community of Los Osos; 2nd District. 
Ms. Nancy Orton: Project Manager for the County, presents the staff report; outlines the location of the project; addresses the issues of the appeal; comments on drawings of the proposed sewer site; corrects Conditions #73 and #74, the beginning of the paragraph, to read: “Prior to Approving Sewer Hookups for New Construction.”; recommends adoption of the resolution upholding the Planning Commission’s recommendation and deny both appeals.
Ms. Julie Tacker: Appellant (Concerned Citizens of Los Osos), states she is representing 108 concerned citizens; believes the EIR is not complete for the proposal before the Board; urges the Board to delay or deny this request until this EIR has been completed; gives a video tape presentation of her appeal which outlines her concerns to the Tri-W site; no study being done on the impacts to the downtown businesses; concerns regarding sludge, septage, water, hydrology, drainage, ESHA (Environmentally Sensitive Habitat Areas), SSMP (Septic System Management Plan), economics, assessment and the conditions of approval.
Chairperson Ryan: speaks to his history with the project and in support of the LOCSD. Matter is fully discussed and thereafter, on motion of Supervisor Bianchi, secondedby Supervisor Pinard and on the following roll call vote: 
AYES: Supervisors Bianchi, Pinard, Achadjian, Chairperson Ryan  
NOES: None
ABSENT: Supervisor Ovitt 
the Board denies both appeals, Conditions #73 and #74 are amended to change the first sentence to read: “Prior to Approving Sewer Hookups for New Construction.” and RESOLUTION NO. 2003-366, resolution affirming the decision of the Planning Commission and conditionally approving the application of Los Osos Community Services District for Development Plan/Coastal Development Permit D020283D, adopted as amended.
EVERY ONE PRESENT VOTED AGAINST YOU! You are picking on Bianchi because she called it like it is: "If I lived in Los Osos, I would vote for almost anyone but Julie Tacker. She was, is, and probably always will be, a political disaster." (I'm sure she is tough enough to take the taunts from a, pardon the expression, lightweight like you.)

Misstatement #2 - "...had Bianchi and that board voted to deny the Tri-W  permits the sewer would have been out of town, contracts wouldn't have been let and a nasty bankruptcy wouldn't have ensued."

Well, let's just pick that one apart! You readers all know by now that Measure B, which stopped the sewer until it was proven in court to be invalid, was won by a slender 19 votes in 2005. What evidence was there to show there were enough votes to pass it in 2003 (not that it had been even DRAFTED then), and how else would the "community will" to move it be demonstrated if not by a vote? Look how many years it took to get to the point of selecting a location with the County's project behind the cemetery? You just assumed some magic wand could provide the location, the EIR, and the permits I guess.

You know Julie, that your board wouldn't even ALLOW a 218 vote in 2005 which would have demonstrated the community's will, you were so afraid that it would not pass, and that the sewer would then continue at Tri-W. It was put to your board by the State Water Board and you refused to do it. Don't claim it was the cost of holding a vote - how do you think there would be ANY money for ANY sewer without a VOTE? A vote this time that would involve property owners ONLY - not a "Measure-B-anyone-can-vote" type of vote?

The contracts had to be let for the project that was going to be built - you know, that one with the $134 million dollar SRF loan tied to it that your board threw away. The Water Board was serious with their threats of fines in 2003. They were serious in 2005 as you finally found out. Remember those CDOs that we can thank YOU for?

(And remember the $20 million bonds sold in 2002 to buy the property, design the project, and to pay for the permits. Those were flipped off by your board too - but not flipped off of our tax bills - they are still right on there every year.)

Setting all of that aside, let's get right on to the bankruptcy. First point, you poked a stick in the eye of the Water Board for not ASKING PERMISSION to stop the project. That was in the contract for the SRF $134 million loan. That lack of understanding ensured that your board would NOT get anymore payments from the state. Then you all went right off budget in October as soon as you were in office by hiring a new attorney, and new general manager ($450,000/year)—while you were paying the old GM and the old attorney to do nothing—AND you paid $75,000 to get rid of the public information officer. But that is small potatoes when you hired another attorney for $1.5 million! 

Where did you think the money would come from to pay for all of that? Well, we know where you found it - you took our tax money that we had paid for our bond payments, forcing the bond reserves to be spent that were to have been the last payment. Naturally, the lender raised a big stink about that, and we are STILL paying that money back! Our fire tax money had been spent too, so the CSD reserves were spent to cover us to keep our fire service.

So where did our $450,000 water reserves go? MIA. That was never paid back.  It was written off by General Manager Kivley in 2015. No wonder you went after her with a vengeance - she knew what your board did!

Anyway, your rewriting of history is always rather amazing to read. Thanks for the opportunity to set the record straight—again.

Sunday, September 18, 2016

Nextdoor Sewer Fatigue


Some people around town that write on the Nextdoor website want to discuss the sewer issue and others do not. I believe it has only come up because of the upcoming election where someone who was a director before and after the Great Sewer Crash is running again to be on the LOCSD board, namely, Ms. Julie Tacker.

There is so much mis-information out there in support of this candidate that it is painful. It is impossible to know where to start to correct the misconceptions, or if anyone with their mind made up wants to learn anything different anyway. One thing is for certain, we are almost done getting our sewer and it is $29 million more than the one started in 2005.

There are some documents that need to see the light of day once again. I will insert some of them in the timeline in 2005 between the sewer work being stopped and the Water Board's reactions:

September 27, 2005 the recall election and Measure B took place and THAT caught the Water Board's attention. October 6, 2005 this letter arrived in the LOCSD offices:
http://www.waterboards.ca.gov/centralcoast/board_info/agendas/2005/dec/item3/item3_attachment3.pdf

Within the document in the link above is this excerpt:
(Click image to see larger size.)
How did then-director Julie Tacker say publically that the old project's money could be used for the new project that she and the other four directors of the board wanted to build?

Then Ms. Tacker thought that the District could sell its assets to build a sewer! Really? How do you replace that much money, even if you thought you could build a cheaper sewer? Will you sell the fire truck (new, it was not more than $500,000; better hope no one is careless with a cigarette, with no fire truck), or the water company (Golden State Water Company in San Dimas was given an estimated value of $55 million for 11,000 customers - the CSD has 2750 customers, do the math)? Not enough money to even buy every house a Reclamator!

The State Revolving Fund money, necessary to build a sewer, any sewer, was at last permanently cut off. See pages 4-5:
http://www.waterboards.ca.gov/board_info/minutes/2005/min111605.pdf

(The press release: http://www.swrcb.ca.gov/press_room/press_releases/2005/05_025.pdf)

Then December 9, 2005 the agenda for the State Water Board had this item for their consideration:
http://www.swrcb.ca.gov/board_info/agendas/2005/december/1209-01.pdf

Read off the link below page 254, lines 8-14 - Interim General Manager Dan Bleskey's testimony on stopping the project:
http://www.waterboards.ca.gov/centralcoast/board_info/minutes/2005/12_05_los_osos_hearing_transcript_1_of_2.pdf

8 MS. OKUN: Well, that wasn't my 
9 question. My question was did anybody at the  
10 State Board ever say that it wasn't a violation of  
11 the loan agreement to stop the construction  
12 progress for a timeout?  
13 MR. BLESKEY: To say that it was a  
14 violation of the contract?  
15 MS. OKUN: Did they say that it was not  
16 a violation of the State Board --  
17 MR. BLESKEY: No, they said that it was.  
18 But it is a contractual remedy plain as day, in  
19 language written by them. 
We know how well that rationale of Mr. Bleskey's turned out.

That's all I can stand of this stuff. I supect that not everyone reading here has made it to the bottom of this page as noxious as these facts are. And I don't know if I would have written this at all if there wasn't an alarming candidate running for Los Osos CSD in November.


Sunday, September 07, 2014

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.

Saturday, August 30, 2014

The Measure B Blot on CSD Agenda

Measure B! Remember that moldy corpse from the past, say 2005-ish? Well, if you don't, just read about it off this link. I find it too painful to go over one more time! It would be fair to say it cost the district thousands and thousands and thousands of dollars in legal feels and, finally, it was declared invalid. Measure B stopped the $154 million sewer to bring us, when the County accepted the sewer project from the State, an $183 million sewer. "We Delay, We Pay" was the slogan back then and boy, has that ever been true. Look at the sewer cost history if you can stand to.*

Anyway, on the September 4, 2014 Closed Session portion of the Los Osos CSD agenda, Measure B once again rises from the dead invoked by the Regional Water Quality Control Board. The agenda item reads:

2. A.
RWQCB v. LOCSD in SLO Superior Court (CV051074) - Injunctive Relief Measure B

Well, we all know that what goes on in Closed Session, remains in Closed Session and we very seldom know what goes on in there. I tried to find that case on the SLO County Superior website, but no luck. Really, the definitions online for "injunctive relief" don't quite make sense here.

So we are left with speculation as to why this is here. Maybe this is simple housecleaning to discuss closing out the books on this? That is my hoped for wish.



*This is a copy & paste from a Word document that I got from Sorrel Marks at the Regional Water Quality Control Board:

Los Osos Wastewater Project – Timeline and Project Costs Increases

Date     Project Cost     Basis of Delays & Cost Estimates

1984    $34.6 million   Phase II Facilities Planning Study by Brown & Caldwell
1987    $48.5 million   Final Los Osos Wastewater Project EIR by The Morro Group
1991                                                    CAWS v. SLO County & RWQCB (Superior Court)*
1992                                                    CAWS v. SLO County (Superior Court)*
1995    $62.3 million   Los Osos Wastewater Study Task G Report on Detailed Evaluation of
Alternatives by Metcalf & Eddy
1997                            Supplemental EIR addressing treatment plant locations
1997                                                    TAPPS Appeal Coastal Development Permit to Coastal Commission
1997                                                    Coastal Commission requires additional Alternatives Evaluation
1997                                                    CAWS v. SLO County (Superior Court)*
1999                                                    CSD formed, begins new project development
2001    $84.6 million   Final Project Report by Montgomery Watson
2001                                                    Coleman v. Los Osos CSD (Superior Court)*
2001                                                    Keller v. Los Osos CSD (Federal Court)*
2001                                                    Keller v. Los Osos CSD (Federal Appeals Court)*
2002                                                    Keller v. Los Osos CSD (request for en banc review)*.
2002                                                    Grand Jury Investigation Report*
2002                                                    CASE v. California Coastal Commission (Superior Court)*
2003    $93 million                  50% Design cost estimate       
2004                                                    Cal Cities v. RWQCB & Los Osos CSD (Superior Court)*
2004                                                    CCLO/CASE Appeal Development Permit to Board of Supervisors
2004                                                    CCLO/CASE/Bhuta Appeal Development Permit to Coastal Commission
2004    $110 million    Redesign cost estimate





*All litigation has been ruled in favor of the wastewater project

CCLO = Concerned Citizens of Los Osos
CASE = Citizens for Affordable and Safe Environment
CAWS = Citizens for Affordable Wastewater Systems
TAPPS = Taxpayers Against Percolation Ponds