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

Sewer Construction Safety Posting at Dig Los Osos

Important information on your safety while construction continues. Read it at this link:

http://www.diglososos.com/2012/12/22/contractors-regard-for-safety/

Dig Los Osos - Holiday Work Schedule

Read about it here:

http://www.diglososos.com/2012/12/14/holiday-work-schedule-for-los-osos-valley-road/

BOS Agenda Tuesday,12-18-12, Ag Recycled Water Contract

Off the Consent Calendar, Public Works Item:

25. Request to approve a recycled water contract for agricultural purposes related to the Los Osos Wastewater Project. District 2.

When the staff report is posted, I'll link it here.
See the relevant documents off this link:
http://agenda.slocounty.ca.gov/agenda/sanluisobispo/Proposal.html?select=1714

PZLDF Just Upped Court Costs For Its Members

More legal costs have just been taken on by PZLDF, the zombie group that just won't die despite repeated losses in many courts. As of Wednesday, their case records have been transmitted from the 2nd Appellate District Court to California's Supreme Court. The service copy of their petition for review has been received, but does not yet appear on the Supreme Court website yet as a "case accepted." Well, let's see what happens next week, shall we?

Water Conservation Program Fixture Info From Dig LO

Dig Los Osos has a new posting today. It explains how the water conservation program attached to hooking up to the sewer will work. It particularly lays out how those who want to install their own water saving fixtures will be able to do this (those of us not skilled in these areas will hire licensed plumbers). Read the easy-to-follow steps here for those of you who plan to plumb:

http://www.diglososos.com/2012/12/08/update-from-the-county-on-the-water-conservation-plan/

LO Community Plan, Estero Area Plan on BOS Calendar!

Right off the county website under Board of Supes Business for Tuesday, December 11:

24. A request by the County of San Luis Obispo to authorize processing of an update to the Los Osos Community Plan, including amendments to the Estero Area Plan of the County Local Coastal Plan and the Official Maps of the Land Use Element. District 2.

I'll post the link to the staff report when it becomes available.

Here is the link to all of the relevant documents:

http://agenda.slocounty.ca.gov/agenda/sanluisobispo/Proposal.html?select=1667

If you don't read the posted stuff on the County's website, this is basically what it is about:

"Construction of the Los Osos Wastewater Project is currently underway. Before vacant parcels within the prohibition zone can hook up to the wastewater project, the County, as the applicant, is required to update the Estero Area Plan for the Urban Area of Los Osos (the „Los Osos Community Plan‟), to incorporate a sustainable build-out target supported by the safe yield of the groundwater basin, and integrate a Habitat Conservation Plan for long-term preservation of environmentally sensitive habitat areas throughout the community.

If your Board authorizes processing of an update to the Los Osos Community Plan, the item will be scheduled for public hearings at the Planning Commission and your Board after the planning and environmental review process is completed."

Pipe Colors Explained

DigLosOsos has a new posting on pipe colors. You can view it here:

http://www.diglososos.com/2012/11/30/pipe-colors/

Too bad such pretty colors will be buried underground!

What Won't Happen In Los Osos

It's been a while for some new sewer news on the home front, so here is a bit of sewer entertainment from Mexico City to tide us over. We will never encounter scenes like these, but just think, a tank of similar if less diverse stuff, sits right now in your very own front or back yard Los Osians! As for me, I will be happy to see the tank pumped one last time. And I'm keeping any skulls if there are any in there.

http://www.youtube.com/watch?v=goh8k4Zxbh4

The Tiny Bit More PZLDF That Means A LOT

Off the the 2nd District Appellate Court's website:

11/16/2012

Petition for rehearing denied.

This means PZLDF must pay up those pesky and expensive costs the Water Board incurred litigating this hopeless case that PZLDF mounted against them . Can PZLDF pull another trick out of the battered old hat to avoid paying? The next stop up the court food chain is the California Supreme Court. We'll see.

Dig Los Osos Has A New Post

It's all about safety. You can read about it here:

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

More PZLDF "News"

Right off the 2nd District Appellate Court's website:

11/15/2012

Letter sent to:

    CA Supreme Crt and courtesy copy to all counsel; Purs. to CRC Rule 8.1120, we enclose herewith copy of request for publication of the opinion in the above matter, along with a copy of the opinion. We do not recommend publication as the opinion does not, in our view, meet the required standards.

So....the request by the Central Coast Regional Water Quality Control Board who wanted this case to be published and the court in Ventura thinks it shouldn't be but sent it on, is now going to the California Supreme Court for an opinion as to whether or not it can be.

This move should now give those in this now 501 (c) 3-less PZLDF group lots of time to figure out how to pay for this. Good luck. You might consider suing the person who talked you into this scheme maybe?

And it will require the Water Board to spend more of its time and more money of the citizens of California to pay for this—until the final bill is due, which it will be.............eventually.

Arghhhhhh....PZLDF Arises From The Dead, Yesterday. UGH.

UPDATE TO FOOTNOTE:

It wasn't clear until today, November 15, but it was the Central Coast Regional Water Quality Control Board who asked Deputy Helen G. Arens to publish the case, the appellate court did not change its mind to request that it be published.

Original Story:

PZLDF just filed a rehearing petition. Is this a ploy to keep things in play so they don't have to pay? Who knows!

See for yourself here:

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

Footnote, the Deputy Attorney General handling the case, Helen G. Arens filed a request to publish the opinion given by the court in this case. That means:

 "Published opinions of courts are also collectively referred to as case law, which is one of the major sources of law in common law legal systems."

Source:
http://en.wikipedia.org/wiki/Legal_opinion

That would end anymore forward motion on this sad, sorry thing I think.

The poor, poor people who signed on to this dead end. I feel really bad for them when the bill for this comes.

Correcting Incorrect Assertions About PZLDF Case

The RAZOR ONLINE has written an article on the apparent demise of the PZLDF case. But the Razor got some things wrong.

"It’s unclear what the basis of the appeal actually was because the appeal document is not public record."
RAZOR

The appeal document is in the public record, it is just not online. I asked the court in Ventura (where the PZLDF case was heard) as to how to get a copy of that document and the answer was: to come to Ventura and ask to see a copy (no, they will not make a copy for you) or hire a service that does this - which is: they to come to the courthouse with a portable copy machine, request the document and make a copy for you for a price.

"One could speculate that CCW’s attorney Shaunna Sullivan wanted to move the case out of the area in hopes that the appellate judges would be further removed from local politics and biases."
RAZOR

One could, but that isn't how it works:

The vast majority of cases in the California courts begin in one of the 58 superior, or trial, courts — located in each of the state's 58 counties. (Which is the court the case was in before it went to the court of appeals.)

The next level of judicial authority within the state's judicial branch resides with the Courts of Appeal. Most of the cases that come before the Courts of Appeal involve the review of a superior court decision that is being contested by a party to the case. The Legislature has divided the state geographically into six appellate districts, each containing a Court of Appeal.

Source: http://www.courts.ca.gov/2113.htm

"At the tail-end of the opinion, the judge specifically stated that the costs to the respondents (CCRWQCB) shall not be published. "
RAZOR

That isn't what "not publishing" refers to. It refers to the case itself, being published or not published.

"An opinion that is not ordered published shall not be cited or relied on by a court or a party in any other action or proceeding except as provided: when the opinion is relevant under the doctrines of law of the case, res judicata, or collateral estoppel; or when the opinion is relevant to a criminal or disciplinary action or proceeding because it states reasons for a decision affecting the same defendant or respondent in another such action or proceeding. January 1, 1974 Division 3 Rules for Publication of Appellate Opinions Rule 977 Citation of Unpublished Opinions Prohibited; Exceptions (www.nonpublication.com)" (From the California part.)

http://famguardian.org/Subjects/LawAndGovt/LegalEthics/Nonpublication/Arguments/PublicationRules.htm

You can read more than you would ever want to know about that here:

http://lawweb.usc.edu/why/students/orgs/ilj/assets/docs/14-1%20Wasby.pdf

"There is no question that taxpayers and the district are shouldering the burden of those costs, as shared by the LOCSD."
RAZOR

No, the costs are to be paid by PZLDF or CCW, and the names of those people who are unfortunately on that case are on the superior court document. The District is not involved.

County Releases LO Water Recycling Baseline GW Quality Monitoring Report

You can find it at this link:

http://www.slocounty.ca.gov/Assets/PW/LOWWP/Baseline+Groundwater+Quality+Monitoring.pdf

Looks like 16 of the 25 wells had total Nitrogen levels over 10 mg/l. Hmmm, hardly the one point above legal levels as asserted by some (assuming 10 mg/l average statewide allowed, but our level must be 7 mg/l or below). 8 wells had 7 mg/l or below, so approximately 2/3rds of the wells are over the limit.

On page 7 under "CONCLUSIONS" of the report, we find this,

"The average NO3-N concentration for the 25 wells sampled is 13.4 mg/l (median value 14.4 mg/l). The greatest concentrations of NO3-N are reported at wells in Baywood Park and south of Los Osos Valley Road. Individual fluctuations in NO3-N concentrations across the network, when averaged together, showed a 2.3 mg/l increase between October 2006 and August 2012. The number of monitoring network wells with water quality in excess of the NO3-N drinking water standard of 10 mg/l is presently 16 out of 25 wells tested."

It appears that things are getting worse, not better as some have asserted. Well, we have our baseline now and once the sewer is up and running let's see where these numbers go. I think we can forget all about the urban legends of decaying underground forests and cows in the valley to account for the nitrates.

Dig Los Osos Is Digging

See the latest update on where they are digging - LOVR between Ravenna and Pine!

http://www.diglososos.com/2012/10/31/work-on-los-osos-valley-road/

LO on BOS Agenda, November 6, 2012

Board Business Continued:

20. Request for approval to proceed with the Water Recycling Facility project through the design-bid-build process and approval of a sole source agreement for Professional Engineering Services with Carollo Engineers (Clerk's File) in the amount of $3,382,504 for the Los Osos Wastewater Project Water Recycling Facility, Los Osos, CA. District 2.

Link to relevant documents will be posted when available.

Relevant documents posted on 10-31-12 and can be accessed off this page:

http://agenda.slocounty.ca.gov/agenda/sanluisobispo/Proposal.html?select=1592

Dig Los Osos - New Post on Surveys and Potholes

Read today's info from Dig Los Osos here:

http://www.diglososos.com/2012/10/26/surveys-and-potholes-for-your-safety/

PZLDF Case Fizzles Out

Just got a court notification that the long-time-ongoing-seemingly-neverending PZLDF case, or "Citizens for Clean Water v. Regional Water Quality Control Board" case number B231945 has finally ended as a "voluntary dismissal."

You can read what I got at this link:
http://appellatecases.courtinfo.ca.gov/search/case/disposition.cfm?dist=2&doc_id=1974927&q=319766&f=558848379

Case: B231945, 2nd District, Division 6

Disposition date (YYYY-MM-DD):        2012-10-25
Disposition description:            Affirmed in full
Disposition status as of 2012-10-25:    Final 
Notes:  
AFF/17p/YGP 

A definition from http://definitions.uslegal.com/v/voluntary-dismissal/ says,
"Voluntary dismissal refers to the termination of a suit at the request of the plaintiff in a suit. The plaintiff is the party who initially filed a law suit with the court. In a voluntary dismissal, the plaintiff voluntarily withdraws the action or claim it brought before the court."

Reading the brief, it was clear, even though it is not to be published, PZLDF basically has no case. Whatever hopes there were to eliminate the Prohibition Zone, AKA the circumscribed area drawn for necessary sewer-hood, and the hope that it could be broken, thereby meaning we don't need to get a sewer—d-a-s-h-e-d.

Read the legal stuff here:

http://www.courts.ca.gov/opinions/nonpub/B231945.PDF

Last tidbit—PZLDF must pay the Central Coast Regional Water Quality Control Board's costs.

Rebates and the Wastewater Project's Water Conservation Program

As most of you know, a condition of hooking up to the wastewater project is to retrofit your home (if needed) with low-flow toilets, showerheads and aerators (some of us have already done this). The County has posted the Powerpoint from Tuesday's meeting where the plan was approved by the Supes. Visit the County's webpage to see what is coming up. Most will have a licensed plumber do the work for them which includes the inspection to determine what work is needed. Then the plumber's certification will accompany your rebate form to get your money back. This amount could cover the entire cost of the fixtures and the work, but this could depend on how fancy of a low-flow toilet that you want:

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

See what the rebate application looks like here:

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

It you have already done the work to your house, there is another rebate amount that you might want to look into, which could include clothes washers or on-demand hot water devices.

There is more money if you do this early rather than later.

This below is a copy and paste off the County's website, which identifies the go-to place for questions on this or your lateral or other concerns:

Office Hours 

The County of San Luis Obispo will be hosting office hours at 2025 10th Street, Los Osos.

Representatives from the County will be available to help residents and businesses review lateral plans for their property, discuss costs, and answer any other questions regarding the Los Osos Wastewater Collection System Project.

Office Hours
2025 10th Street, Los Osos
Tuesday 1:00 pm – 4:00 pm
Thursday 9:00 am – 12:00 pm

These hours are subject to change as the project progresses, so please regularly check back for updated hours.

Sewer Land Acquisition!

SLO County Subdivision Review Board agenda 11-5-12, from the Consent Calendar:

e.

The applicant (COUNTY OF SAN LUIS OBISPO) proposes to acquire approximately 24.5 acres of land from JOHN GIACOMAZZI AND JANET KLINE for the purpose of constructing the Los Osos wastewater treatment plant.  This request is to confirm that the future creation of a public lot (PL12-0047) of approximately 24.5 acres by conveyance to the County of San Luis Obispo does not require a parcel map pursuant to the provisions of Government Code section 66428(a).  The proposed project is within the Agriculture land use category and is located at 2198 Los Osos Valley Road, approximately 0.5 miles east of the community of Los Osos.  The site is in the Estero planning area.  This project is exempt under CEQA. County File No: SUB2011-00052 Assessor Parcel Numbers: 067-011-021,-022 Supervisorial District: 2 Date Filed: May 29, 2012

Supes Pass LO Water Resolution

Voting five to zero in the affirmative, the Supes approved a water conservation implementation plan this afternoon for the Los Osos sewer project. The few Los Osos citizens and interested parties still left, who have disparaged the County's sewer plan for years and attend the BOS meetings regularly to voice that disapproval, went away disappointed once again. They wanted delay and didn't get it.

It was carefully explained to Supervisor Mecham by John Waddell (County engineer in charge of the wastewater project) that the idea pressed by one of the disparagers, to make the payments go directly to plumbers rather than to the homeowners for the retrofits, would be problematic and Mr. Mecham got it. The reasons were prevailing wages, public contract costs, administrative costs and if damages occurred in the home, who would be responsible. Possible conflicts between property owners and renters need to be avoided. Rebate checks to owners will be issued within two weeks, so plumbing bills could be paid with the rebates before the bills are due.

Turnkey solutions have been discussed by vendors and the County where a public/private agreement could be made to handle all of the points outlined in the conservation program, from using local "green certified" plumbers, licensed and insured to install toilets, to doing the water audits and marketing the necessary steps to the community. No decisions have been made.

The program will be outlined by the County with the necessary steps for homeowners to be able to hook up to the sewer. The main idea is to get water conservation going as soon as possible with dollar incentives to retrofit early, as early as 2013. The program will be under review and open to adjustments if any components of it are not living up to expectations. The County will be back before the BOS before November of 2013 with a progress report.

What is required by the CDP (Coastal Development Permit) for this plan is:
1. Recycle cleaned water to schools and other users.
2. A conservation plan.
3. Monitoring of the plan.
4. Adaptive management for change if parts of the plan are not fulfilling requirements.

Another step completed by the County and I could not be more thrilled! You can access the video of the meeting here http://slocounty.granicus.com/MediaPlayer.php?view_id=2&clip_id=1372 and you will find the this hearing at about the 2 hour and 18 minute part into the video.

Dig Los Osos Has Office Hours in LO!

Dig Los Osos has a new posting today! Read it here!

http://www.diglososos.com/2012/10/19/office-hours-in-los-osos/

Dig Los Osos Has a New Posting

Check it out here:

http://www.diglososos.com/2012/10/16/setting-up-the-staging-area/

BOS October 23, 2012 - L.O. Water Conservation Plan

On the agenda:

Board Business:

17. Submittal of a resolution approving the Water Conservation Implementation Plan for the Los Osos Wastewater Project, Los Osos, CA. District 2.

This plan has been adjusted from the original.

Go here to find the list of relevant documents and their links:

http://agenda.slocounty.ca.gov/agenda/sanluisobispo/Proposal.html?select=1544

PZLDF Cause from October 10, 2012

The 2nd Appellate District shows that the cause was argued and submitted. Who knows what happens next....

http://appellatecases.courtinfo.ca.gov/search/case/dockets.cfm?dist=2&doc_id=1974927&q=230386&f=558848379

The due date for the court's opinion to be filed is 1/7/2013, so we know WHEN it will happen anyway.

http://appellatecases.courtinfo.ca.gov/search/case/scheduledActions.cfm?dist=2&doc_id=1974927&div=6&doc_no=B231945

Latest News From Dig Los Osos

Check out what is going to be under construction on this updated (today!) page:

http://www.diglososos.com/2012/10/11/check-traffic-update-page/

The Least Interesting Post for Today....

Should have done these three backwards. Oh well.

From the October 16, 2012 BOS agenda:

Consent Agenda - Clerk-Recorder Items:

5. Request to destroy Proposition 218 Ballots for the San Luis Obispo County Flood Control and Water Conservation District Flood Zone 1 and 1A and the Los Osos Wastewater Assessment District 1. Districts 2, 3 & 4.

You can access the report on the item here:

http://agenda.slocounty.ca.gov/agenda/sanluisobispo/886/SXRlbV9Eb2N1bWVudF8oUHVibGljKV8=/14/n/3856.doc

Notice of Construction Areas B & C from W.A. Rasic Constructionc

Find the letter on this link"

http://www.losososcsd.org/Library/Home%20Page/Agency_Notification.pdf

Revised Final Draft of the WCIP

Better known as the Maddaus Report! Or the "Water Conservation Implementation Plan!"

http://www.slocounty.ca.gov/Assets/PW/LOWWP/document+library/Revised+Final+Draft+WCIP.pdf

To be presented and recommended for adoption at the 10-23-12 meeting of the Supes!