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Wednesday, December 07, 2005

Lights, Camera, SCRIPT!

O.K. Los Osos. We know our CSD meetings are theatre, but in theatre, the actors are supposed to pay attention to script changes. When the director reshuffles scenes and takes out certain lines, pay attention! If not, you’ll see your Dramatic Reading from Hamlet end up as nonsensical farce plunked down in the middle of Spamalot.

Case in point. At the Dec 6 CSD meeting, interim attorney McClendon offered an interesting explanation as to the settlement by the CSD with the C.A.S.E. folks. If you recall, the recalled-3 Board majority went into court to block the Measure B initiative from ever getting on the ballot. Judge Hilton granted the stay, it immediately went to the appellate court in Ventura. That court issued a stay to the stay and asked Hilton to, basically, show why he issued the original stay. Apparently, the appellate court was looking at a recent State Supreme Court ruling that said that unless an initiative or referendum was blatantly, obvious-to-all unconstitutional, it should be allowed to go to ballot and then, if passed, it could be challenged in court. The idea behind that ruling is to safeguard the people’s right to vote and so it is better to err on the side of possibly letting a few goofy initiatives in rather than risk blocking a sacred right to vote.

When Measure B passed, the new Board had a risky choice: Drop their predecessor’s lawsuit and negotiate a fair amount for C.A.S.E.’s lawyers’ fees. (Remember, it was the previous CSD Board that brought suit, not C.A.S.E.) or continue to challenge the case and risk that the appellate court had already tipped its hand regarding its looking at the Supreme Court’s ruling and gamble on losing the case and having to settle lawyers’ fees that would be set by a formula by a judge that would surely be waaaaaaay higher. Rock? Hard place? none of which would have happened if the recalled-3 hadn’t filed suit in the first place, thereby putting the district at risk.

The present CSD didn’t want to take a further financial gamble and so settled. They also made absolutely clear that neither Al Barrow nor anyone involved with C.A.S.E. would get a penny. It was all paid directly to the attorneys they had to hire to defend against the previous CSD board’s lawsuit. Let me repeat, Mr. McClendon made it absolutely clear that Mr. Barrow didn’t get a penny.

Why is that relevant? Well, an audience member sat through that whole explanation only a few feet away from McClendon, then during public comment, got up and read from a prepared text. In a wonderful baritone that kept dramatically deepening the more the speaker’s ramped-up outrage grew, he repeatedly excoriated the CSD for paying Mr. Barrow $125,000. All that was missing from the drama was a few well-timed podium thumps.

Alas, instead of a key scene from Hamlet, we ended up with a surreal page from Spamalot. Folks in the audience must have swiveled their heads, rolled their eyes and thought, Huh? What page is he on? Wasn’t he sitting right there? Didn’t he hear?

So, my dear fellow Los Osos Thespians. It’s all well and good to read from prepared speeches. Few people, including myself, are able to speak on our feet. But, for crying out loud, pay attention to new information coming in and edit your written comments accordingly. Otherwise you end up looking like Saturday Night Live’s late, great Emily Latella, she of the rail against “violins in the street,” who, when reminded the topic was “violence in the streets,” sweetly squints at the camera and says, “Oh, well, nevermind.”

When you mix drama and inadvertent comedy you often end up with farce. Not, I suspect, the intended outcome of most folks who stand up to speak during public comment, although it often does come as a welcome relief.

14 comments:

Shark Inlet said...

Ann ...

What meeting were you at? I know I saw you on my TV last night, but to repeat McClendon's drivel without critical thinking ... my god, woman, what has happened to you?

Are you asking us to believe that this board wanted to fight Measure B but that they were afraid they would lose and thus have higher fees than if they were to simply cave in early?

If you are asking us to believe that they are taking actions based primarily on what would be best for the bottom line you got a whold lot of 'splainin to do. Start with ... if they want the cheapest solution, why did they take actions that caused the state to say "no SRF for you" and why did they take actions that caused the RWQCB to say "big fines for you"?

Even if you are right on this matter, that they took these actions because they were cheaper (more on that later), certainly you realize the additional months of uncertainty over the issue of which aspects of Measure B are, indeed, law and which are invalid will cost us. Do you really think that the CSD spending money defending Measure B against Gordon's lawsuit and the state attorney general is saving money? They claim to possibly be saving some $350k on this one settlement (compared to the worst case scenario McClendon outlined). How much will they now have to spend to defend Measure B?

Back to the key issue ... is dropping the appeal a wise move? Did the appellate court really telegraph their decision? I doubt it. Even if one key aspect of Measure B were found to be invalid, CASE could not reasonably argue that the CSD should pick up their legal fees. Doing a bit of math for a moment ... if the CSD claims to have saved about $350k, 75% of what they might have had to pay, they are saying that they think that they would have a 3 in 4 chance of winning the appeal (to make the expected payout equal between the two possible strategies, a $125k "for sure" payment equals a 1/4 chance of a $475k payment).

Nope, I conclude that they just realized that they have only a matter of a few days to spend the rest of the SRF money that they intend to never pay back. They want to lay the groundwork to make it as difficult as possible to move forward with TriW if they are somehow bankrupted or forced out of office.

Talk about "scorched earth"! My, what hubris!

Anonymous said...

Hi Publicworks - May 19, 2005 CSD meeting there was discussion of sources of recharge. Spencer (from Cleath) said the recharge at the Broderson site, from the upper to the lower aquifer, would be up to 10% (about 90 acre feet). This was in response to Stan asking him if the "trickle down" recharge would be about 15-20%. Spencer said less than 10% (or "up to" 10%) would get to the lower aquifer. He also pointed out that it was not much and they wished it were more. Anyway, that's where I got the 10% figure in my mind. I remember thinking it wasn't enough to sufficiently counter the salt water intrusion in the lower aquifer. I would be interested in your response because I have been wondering where the other 90% of that Broderson water would go. Thanks.

Shark Inlet said...

Another interesting moment from last night's meeting was Dan hammering the table when explaining how evil the SWRCB was when requiring us to bond ourselves for possible work before a 218 vote in Feb ... he claimed that there were only two reasons they would have done this, that they were confused about whether this was even possible or they intended to put up a hurdle so high that we couldn't agree.

Essentially Dan and Lisa were saying "we would have taken the state's 'best and last' offer but they made the bonding term so difficult that we could not."

If that is the case, Dan and Lisa are telling us that they never should have stopped construction at TriW to begin with and it was a mistake to pass Measure B. After all, had we taken their offer, something both Lisa and Dan told us that they wanted to do, we would essentally only be out a few million due to work stoppage ... otherwise we would be exactly where we were with the previous board's plan.

I don't know how many of you noticed this, but it came through clear enough that I need to scream at the TV. They admitted they were unwise to stop construction.

On a side note, I would suggest a third reason (besides stupidity and malice) that the SWRCB would require us to bond for work done between now and February. They didn't want even more money to be poured down this rat-hole in the eventuality that the 218 vote failed or the Measure B vote failed. Our community and this CSD board has given the SWRCB many reasons to be hesitant.

So, considering the possible flaw in the SRF contract (the lack of 218 vote, meaning that none of us is on the hook at all if the community defaults), and considering the CSD is now saying that they would have taken the offer to keep the SRF and build at TriW if it simply had been a possibility, I would suggest that there are only two possibilities.

1. Lisa and Dan are telling us the truth (that they would want to continue with TriW just to preserve the low interest loan) and admitting they screwed up big time by taking actions which would cause the SRF to be cancelled.

2. Lisa and Dan are not telling us the truth ... that, in reality, they would not take the SRF money at all if it meant continuing with TriW. If this is the case it would seem to me that this entire charade is part of a strategy of continued delaying of a sewer.

Ann, how do you reconcile Lisa and Dan's claims that they would have taken the state offer with the CSD's earlier actions to stop construction? Don't you agree that if the offer was good enough to take (but for the bond issue) that they shouldn't have pissed away the opportunity to keep the SRF during their first week in office?

Anonymous said...

I thought the reason for settling the case was so that Measure B could be repealed more quickly (by the voters) if it wasn't tied up in court. That way we would be more likely to get the SRF loan back. The SWQCB wants it repealed ASAP, don't they?

Anonymous said...

Anon,

I watched part of that meeting I remember as well. I pulled the on-line water and sea water studies to review.

You need a geology degree, really - they are complicated. There's no one place that just spells it out well. The water models are really complicated.

But there are some interesting Tables & conclusions (not mine, Cleath's which I quoted "").

First of all, the analysis has the current condition, and then the model with the wastewater project. The 10% wastewater reuse number appears to be correct in relation to the lower aquifer. That in itself sounds low, but it's in the context of percolating down through the upper aquifer, keeping in mind that the upper aquifer usage is increasing dramatically because the water quality is improving in it. Keep in mind that's an allowance of re-charge from the wastewater project. With no wastewater project, there is still re-charge because of all the septics pushing water down towards the lower aquifer - think about it, you wouldn't expect that much of a difference, because the groundwater levels stay pretty much the same, only the quality gets better over time.

There's a statement on pg. 13 of the sea water report: "The current basin model also operates with the majority of recharge to the lower quifer coming from upper aquifer leakage through the regional aquitard". That's saying the lower aquifer gets most of it's water by the upper aquifer leaking to the lower.

The other interesting thing is that with the wastewater project, the usage of the upper aquifer increases from 520 acre-feet to 1280 acre feet; that's a huge increase in usable (or blendable) water because of the wastewater project. That's what allows less use of the lower aquifer, and reduces (but doesn't eliminate) seawater intrusion.

That's probably where I got the 25% increase. The available water goes from 2400 acre-feet to 3000 acre-feet by adding the project. That's the benefit of the project -with the caveat that the water can be blended safely.

It means that 700 acre-feet right now is going mostly to the bay, I think, that will no longer go there because it will be pumped for use.

There appears to be about 250 acre-feet in the upper aquifer, with or without the project, that gets lost no matter what - these aquifers are leaky bastards!

Part of the big debate is using this re-charge method vs. the 'proposed' exchange with ag.

The lower aquifer needs to be re-charged with that net 10% (115 acre-feet) to stem the sea-water intrusion.

If you can strike a deal with farmers to let 500 acre-feet of the upper aquifer disposal to the ag guys, and then just not pump 500 acre-feet, you get a better benefit. But the non-pumping has to be done properly and at the right wells. That in itself would be another study. Also, all these exchange/pumping decisions involve multiple private parties and need contracts. And the wastwater project doesn't preclude ag-exchange, but more pipes have to be built for it.

The study also pointed out that the creek water doesn't get to the lower aquifer very well because of the sub-surface fault structures.

For a really ideal (at least for public water) situation, that says Los Osos should just buy out the farmers who use a lot of water east of the creek, and pump that for usage - another private/political land-use battle.

See where that could lead - buy out farmers, put in houses, aaahhh so many angles pop up! Bastard developers.

As well, I could be off-base in some of this data reading - take it with a grain of salt.

I'm sure somebody will correct me.

Anonymous said...

Thanks, Publicworks. An interesting and helpful explanation.

Churadogs said...

Dear Inlet and the "Poison pill" in the SRF "deal." You seem to think that the original negotiated "deal" said they would build on Tri-W. The original deal said they would continue with the collection system, tweaking it for direction of effluent, and while that was going on, they would have 2 years to plan and site an out of town sytem. IF the out of town site failed, for whatever reason, then they would be forced to build on Tri-W. They also agreed to work on getting another initiative on the ballot to repeal Measure B and, when plans for an out of town site were solid enough to get some real numbers, hold an Prop 218 vote to secure the monies. What the SWB came back with, what McClendon jokingly called the SRF 2.0 version or some such is, if I understood him and Rob Miller (at the previous meeting) Los Osos would have to find a private bonding company to sell them$40 - 60 million in bonds to secure that loan. Miller & McClendon researched that feasibility and concluded that either the SWB didn't understand the bond market or had deliberately put that "catch" in the 2.0 version in order to kill the deal because it is IMPOSSIBLE to get that kind of bonding at all. And if the CSD had signed onto that version of the "deal" there was no way they could have complied and so the "deal" would have failed. No company would write the bonds, given the contentioness of this project. So, was the "deal killer" mere ignornance or deliberate deceit on the part of the SWB in order to guarantee its failure -- plus in the "deal" the community gave up all rights to any sort of legal recourse regarding breach of contract & etc.? So, is that a "deal" you would have signed on, knowing it would fail out of the gate, leaving you with no legal recourse to anything? You decide.

As for the Measure B settlement. As McClendon noted his charge was like a doctor's: Above all, do no harm. The court signaled a bit of their thinking -- the decision to prevent the measure from going onto the ballot was a no-no. If I understood McClendon, IF the Ventura appeals court had found that the measure was OBVIOUSLY screwey, they would have uphelt Hilton's ruling and the measure would have been tossed off the ballot. But they didn't find that. Therefor, it was reasonable to conclude that if the measure wasn't OBVIOUSLY screwey it would be "arguably" screwed which would mean it should have its day in court AFTER the election, which would mean that it would be a good bed that the CSD would have lost that case (to block it's being put on the ballot) and thus, per formula, would have been slammed for way more for attorney's fees. (The idea of "doing no harm" is interesting because I have to wonder of Jon Seitz warned the recalled-3 the consequences of losing the case and the financial consequences of same and did they not listen to him? If the recalled 3 had NOT brought that suit, they would not have put the CSD in joepardy of losing and hence paying attorney's fees. So if you're outraged at the amount, you're getting angry at the wrong board.)

As for the future, is there any leagle beagle out there who knows: Can the citizens file an initiative to repeal Measure B while it's still in the courts? (Hasn't some group just recently filed a post-election challenge to Measure B? Will the court case delay a separate repeal effort?)

To Public Works, As for the 10% getting to the lower aquifer. That's the number I recall from the report. The other water from the upper aquifer will eventually get down to the lower, (with x amount lost to the bay, while keeping all the bay edge shrubs green, I might add) but that will take years and years and unless we stop pumping from the lower aquifer ASAP, sea water intrusion's coming in too fast. Also, by running the wastwater through the upper aquifer (pumping, treating, putting back, re-pumping, re-treating, putting back) you end up with a continuing consentration of salts and nitrates & etc.(The treated water isn't "potable" it does have X amount of nitrates still in it. So, over time, the upper aquifer will keep getting re-polluted. (Irony)(If, for example, the on-site system mentioned in the Bay News a few weeks ago results in potable water, which is then used to water your petunias and thence trickles down to the upper aquifer, combined with a de-watering ag/exchange program from the upper aquifer, the upper aquifer should clean up way faster since "potable" water's going back in, not tertiary wastewater. So, hopefully that factor will be looked at during the comparison studies.)

The only hope I have is during the "Evidence first, Trial after" phase -- looking at alternatives -- is that maybe this time everyone will look at this project from a WATER BASIN standpoint, not simply a nitrate standpoint. What was appalling in the Thursday RWQCB's staff presentation is the staff member charged, under oath, with giving the Board a "history" of Los Osos used OLD, OUT OF DATE charts and data. Oooooo, that's sooooo not good. The new Cleath & Assoc study gives an updated picture and that, hopefully, will point the way to a better solution.

Shark Inlet said...

Ann, it is getting tiresome to continue reading your comments that all my anger and frustration should be directed at the other board.

Simply put, if there had been no recall and measure B had failed, everything would be going smoothly in my opinion. Yes, you claim that there would be additional deferred costs, but there is pretty much no way those costs are going to be higher than the costs associated with Measure B and this board's actions. If you don't want me to be angry with the voters and those who campaigned for the recall and Measure B and especially this current board it would be good for you to explain how the sum of the results of this recent election are going to benefit us cost-wise. Pretty much everything the "Dreamers" said would happen as a result of the election either has happened or is about to happen. Seems like they had a good understanding but you've told us that we wouldn't lose the SRF and that we could always get another (well, not if we sue the state) and that the fines were only threats and that the out of town costs would be lower. Seems like your understanding of the situation is pretty weak.

Again, maybe I am wrong and maybe we will end up saving money somehow, but I would like someone (you?, the board? Joey?) to explain how we'll actually save money before you tell me how I should feel and who to blame.

I've been pretty quick to admit that the previous board made some mistakes and some HUGE mistakes (like the scheduling of the election after the start of construction). It doesn't seem that you are anywhere near as open-minded as you would like us to be.

Just your morning rant from ...

Shark Inlet

Churadogs said...

Dear Inlet, Uh, am I missing something here? Is someone putting a gun to your head or forcing you to read this blog? Or the various comments? Also, I never said we'd never lose the SRF, what I have repeatedly said is it's a State REVOLVING Fund. We've lost it before and got back in line before.

Your quarrel isn't with me or your fellow blog commentors. Like me, you have one vote, like me you can speak at CSD meetings, write letters to various board and regulators, sign initiatives and recalls and referendums, etc. But it is the elected boards and the appointed regulators who'll make the final decisions. And, of course, The Law will do what The Law will do. Meantime, take a deep breath. This will play out as it will play out with no helf from either of us.

If there's one thing I learned from years and years of writing about the waste and impending implosion of the Hideous SLO Coastal School District: Nobody cares. I played the role of Casandra and it was like hollering down a well. When the crash came -- as I knew it would -- I had people come up to me and say, sheepishly, "uh, I guess you were right. Guess we should have paid attention.. heh-heh." That train wreck played out as it was going to play out and I had as much impact on the outcome as somebody tossing cherry pits at a locomotive.

So, my dear Inlet. Breathe in. Breathe out. Then go walk the dog or go see a good movie.

Churadogs said...

Dear Inlet, Uh, am I missing something here? Is someone putting a gun to your head or forcing you to read this blog? Or the various comments? Also, I never said we'd never lose the SRF, what I have repeatedly said is it's a State REVOLVING Fund. We've lost it before and got back in line before.

Your quarrel isn't with me or your fellow blog commentors. Like me, you have one vote, like me you can speak at CSD meetings, write letters to various board and regulators, sign initiatives and recalls and referendums, etc. But it is the elected boards and the appointed regulators who'll make the final decisions. And, of course, The Law will do what The Law will do. Meantime, take a deep breath. This will play out as it will play out with no helf from either of us.

If there's one thing I learned from years and years of writing about the waste and impending implosion of the Hideous SLO Coastal School District: Nobody cares. I played the role of Casandra and it was like hollering down a well. When the crash came -- as I knew it would -- I had people come up to me and say, sheepishly, "uh, I guess you were right. Guess we should have paid attention.. heh-heh." That train wreck played out as it was going to play out and I had as much impact on the outcome as somebody tossing cherry pits at a locomotive.

So, my dear Inlet. Breathe in. Breathe out. Then go walk the dog or go see a good movie.

Churadogs said...

Dear Inlet, Uh, am I missing something here? Is someone putting a gun to your head or forcing you to read this blog? Or the various comments? Also, I never said we'd never lose the SRF, what I have repeatedly said is it's a State REVOLVING Fund. We've lost it before and got back in line before.

Your quarrel isn't with me or your fellow blog commentors. Like me, you have one vote, like me you can speak at CSD meetings, write letters to various board and regulators, sign initiatives and recalls and referendums, etc. But it is the elected boards and the appointed regulators who'll make the final decisions. And, of course, The Law will do what The Law will do. Meantime, take a deep breath. This will play out as it will play out with no helf from either of us.

If there's one thing I learned from years and years of writing about the waste and impending implosion of the Hideous SLO Coastal School District: Nobody cares. I played the role of Casandra and it was like hollering down a well. When the crash came -- as I knew it would -- I had people come up to me and say, sheepishly, "uh, I guess you were right. Guess we should have paid attention.. heh-heh." That train wreck played out as it was going to play out and I had as much impact on the outcome as somebody tossing cherry pits at a locomotive.

So, my dear Inlet. Breathe in. Breathe out. Then go walk the dog or go see a good movie.

Churadogs said...

Dear Everyone. Oops, this site was having a cow and has posted and reposted, so my apologies. Yikes, I'm seeing everything three times!!!

Anonymous said...

Well, just exactly whose rants are "tiresome" is a matter of opinion.

Shark Inlet said...

Good point, anonymous...

I guess that if someone doesn't like to read my complaints they can take the lead from "anonymous" in another thread and simply ignore them :)