Thursday, January 18, 2007

Calhoun’s Can(n)ons,The Bay News, Morro Bay, CA for Jan 17, 07

New Year’s Questions

This year, instead of New Year’s Resolutions, here’s my list of New Year’s Questions. Like Resolutions, I doubt much will come of my list, but, you never know.

1) What was so all fired important about keeping a sewer plant in the middle of town that three of the recalled Board members were willing to pound millions of dollars into the ground before the election, and then later get involved with actively attempting to dissolve the whole CSD? And why was the whole might and power of the State brought to bear in order to “punish” a community for simply wanting to move a sewer plant facility out of the center of their town? Especially when, during the “October Compromise,” almost every citizen who spoke at the CSD meeting admitted, “Well, I never was really married to that [Tri-W] site . . . .” For not being married to a site, this has been one hell of a down-and-dirty, world-class, messy divorce, that’s for sure.

2) Exactly who pulled the plug on the second payment of the SRF Loan, when did that happen, and were there any provisions in that SRF loan contract that required mediation of any changes before simply withholding a payment check? Who made the decision to withhold? I’m not a lawyer, nor do I play one on TV, but I do know that in regular law, you’re not allowed to shoot your neighbor because you think he might be fixing to steal your trash cans sometime in the next 90 days. But in contract law, who knows? That’s one of the questions that the CSD’s breach of contract lawsuit was supposed to answer. With the bankruptcy, it’s a question temporarily held in abeyance, but it’s a doozie and I hope it gets answered.

3) Who in the heck was responsible for monitoring the State Revolving Fund Program in the first place? In a 2005 press release, the State Water Resources Control Board states that it “takes its responsibilities to protect taxpayer funds very seriously . . . . ” Really? Then somebody needs to explain to me exactly how serious was the State Water Board in piling additional gazillions onto an existing unsecured loan, then sending the first chunk of money down the pipeline to a clearly divided community only weeks before a recall election that could change the terms of the original loan. This is due diligence?

4) Besides an attempt at electioneering and coercing a Prop 218 vote out of the residents, (Vote for whatever project the county comes up with no matter how cockamamie or we’ll shoot your dog AND fine you $5,000 a day!), just what IS the point of the Regional Water Quality Control Board’s CDO process? The Regional Board’s own documents state that putting CDOs on a whole community is not recommended because it’s an inappropriate enforcement mechanism. We’ve heard expert testimony that the mitigation requirements of pump, inspect, repair used to justify the CDO may look good and feel good, but they won’t do diddly to the ground water. Clearly, these “show trials” are costing the Board a bundle in time and money. And, it’s also clear that these show trials have no impact on moving the county project forward any faster than it’s already moving. So, what’s the REAL point of jerking hapless citizens around for a whole year? If it is indeed electioneering and voter coercion, is that a legal activity for the RWQCB to be engaged in?

5) And, finally, the County’s Basin Plan is now up for its Triennial Review. Will the County, the CSD, The Regional Water Board and other agencies finally – FINALLY -- take that review seriously and make the desperately needed changes to get rid of the scientifically indefensible Prohibition Zone, re-configure the map to make a scientifically defensible rationale for all Water-And-Wastewater Projects BEFORE the county finishes designing the sewer? And will these critically important revisions also result in a basin-wide septic management plan that will be ready for the AB885 regulations that will be coming down from Sacramento – regulations that may well put all septic tanks in the county under the direct control of the same RWQCB that brought you “The Mad Pumping Scheme” and “Torquemada’s Mad Hatter Auto-de-fe & Public Beheading CDO Show” that’s now running amok at the water board offices near you.

Now, there’s a thought and a question to seriously chill the New Year.


Because the Regional Quality Control Board’s budget is busted on these pointless Mad Hatter Auto-de-fe & Public Beheading CDO Shows, there is no money in the budget to have AGP Video televise the upcoming January22 “trial” of the remaining Los Osos 45 and the discussion and decisions regarding the other 4,500 Los Ososians. So, if it were up to the Board, all this would be done with no cameras present so members of the public who cannot attend the hearing wouldn’t know what the heck happened to these people.

But several citizens have chipped in to hire AGP for the day and AGP Video has agreed to pay for any extra time out of their own pockets to make sure this show trial remains accessible to the public.

I’m going to be sending AGP Video a few bucks to help cover their costs. I invite all of you reading this blog to do the same. What’s public access worth to you? Clearly it’s worth zero to the Water Board, but if it’s worth something to you, then send AGP Video a few bucks. You can mail your contributions to:

AGP Video
1600 Preston Lane
Morro Bay, CA 93442.

Then I invite you to think seriously about a Water Board that has such a limited budget that they can’t afford a modest amount to videotape public hearings, yet has spent gazillions and wasted a year’s worth of staff time on these useless show trials. This becomes especially appalling when you consider that their limited budget could have been spent oh, say updating the Basin Plan so they’d end up with really effective changes, changes that can have a real effect on . . . oh, let’s say . . . .the GROUND WATER that they’re supposed to be protecting.


Anonymous said...

Thanks for the heads up on AGP. I'm sending a check today.

Anonymous said...

Since they are worthless show trials anyway, why are you supporting the shows?

Maybe if the LOCSD would have repaid the loan they didn't want or need and considered illegal then maybe the WB would have money for these worthless shows.

I would rather have complete trial showings in March of the 5 individuals who gave taxpayers money to their personal lawyers prior to the recall.

Anonymous said...

What has the Regional and State Water Board done legally? Nothing, and they rely on the residents of Los Osos not to have enough money to fight them in court.

It was electioneering when the State Water Board tried to get LO to drop Measure B!!

It was electioneering when Mr. Young told us how to vote on our LOCSD elections (in the hearings last year).

It is electioneering for the RWQCB to tell us how to vote on the 218 by giving CDO's out to scare people enough to vote yes!

Complaints SHOULD BE FILED WITH THE SECRETARY OF STATE. Electioneering is illegal.

Court Reporter said...

I agree with the above. Since it is predetermined by the "Lawyer" Ann Calhoun that it is a "Kangaroo Court" who cares. The outcome is predetermined.

Questioner: "Do you discharge into a septic tank with a leach field or pit and live in the PZ?"
Answer: "That depends on what the word "discharge" means.
Questioner: "Discharge is the act of allowing anything to enter the ground that will end up in the aquifer".
Answer: "That depends on what the meaning of "is" is." ... "It also depends on what the meaning of "in" is.
Question: Anything else to say?
Answer: 15 minutes of blather trying to defend anything and everything and why the science is bad, the law wrong, county caused it, not my fault, etc....."In addition I do not allow anything to just happens..... Shit happens."
Jeffrey Young: "Since you discharge, Guilty." Bang with the gavel. "Any dissent from the board?"
Jeffery Young: "None heard. Please issue CDO. Next!"

Questioner: "Please state you name and your number."
Answer: "I am Ann Calhoun and represent #1234 and have power of attorney to do so without being a lawyer."
Questioner: "Do you discharge into a septic tank with a leach field or pit and live in the PZ?"
Answer: "You are violating my rights of due process and are a bunch of Nazi bastards, holding a Kangaroo court when everyone knows there is no proof of nitrates in my water. Your basin plan stinks, there is no basin. You are all fools and a$$holes trying to feather the nest of developers. There are no nitrates in my septic tank. I go outside to pee, pee in a bucket, and throw it over the fence onto vacant property. I use no water that goes on the ground, taking showers in the rain, or at friends homes in Morro Bay and only wash my dishes and clothes in the rain. When I crap I crap in a doggy bag and put it into the garbage with the rest of the doggy crap. I am Innocent!
Questioner: "Do you live in the PZ?"
Answer: "That depends on the meaning of the word "do".
Questioner while looking at the law book: "Do you realize that taking a shower in the rain or urinating on the ground is in violation of BBc section 35 of the water law? How many dogs do you have?
Answer: "I am not aware of any violation, and only have 3 dogs."
Jeffrey Young: "Obviously you are living in the PZ, but throw pee on the ground and your dogs do the same. Guilty of discharge". Bang with the gavel. "Any dissent from the board?"
Answer: "Yes"
Jeffrey Young: "Yes, Mr. Spock?"
Answer: "This woman called me a Nazi Bastard and this court a Kangaroo Court. This is not logical. I see no Nazi Bastards here wearing Le Baton Sinister or Kangaroos present." "Give her 10 days in county jail AND a CDO!."
Jeffrey Young: "I agree, any dissent? Hearing none." Bang. "Ten days in the county jail and a CDO" Next!

Anonymous said...

To Anon 9:36

Because I want what's going on to be on record. It is very important that this procedure is recorded for all to see, both now and in the future.

Anonymous said...

You're right. When you plead this case of deceit; espionage; and cover-up on all levels of local; county; state and federal governement to the Supreme Court, you'll need this evidence. Go Los Osos!!! The entire world has screwed you. Power to the sewerless!!!!

Anonymous said...

12:55...Doesn't it seem even a little suspicious to you that once the RWQCB saw the direction that the defendants were heading, Briggs was sent out of the county for the duration of the hearings?

Anonymous said...

Yeah, Briggs is $ (ha!) for broadcasting...power to the sewerless is right. Just because you've never experienced social injustice before doesn't mean that it doesn't exist.

Anonymous said...

Briggs is on vacation. But come to think of it, I do remember him talking into his watch a lot. And wearing a trench coat in the middle of summer. And he used to spend a lot of time in his garage...hammering.....and making strange noises. What's he builiding in there. What's he building in there...........

Mike Green said...

Here Ann, let me help you out.
3. US
I hope this helps.

Anonymous said...

In response to Anon. at 9:36, A large part of that SRF money had already been quickly spent by Buel & the old rotten recalled CSD 3. Stop placing blame on the current BOD, the mess THEY are "cleaning up" is a result of the misdeeds of the Buel Bunch & recalled CSD3

Churadogs said...

Court Reporter sez: "Discharge is the act of allowing anything to enter the ground that will end up in the aquifer".

Court Reporter
needs to read the posted "rules" for the Jan 22 hearing. There's nothing about groundwater or waters of the state of California or pollution or nuissance or anything at all. Those words have been removed as the CDO process has moved forward, morphing and changing as the RWQCB keeps moving the goal posts, changing the wording, changing the meaning, from month to month what people are accused of has been shifting around in some very interesting ways. Hard to "defend" yourself when the court keeps changing what you're accused of.

Court Reporter would have understood that if he/she'd bothered to follow this very, very interesting process and read all the posted "trial" regs as they've gone along for the past year.

Anonymous sez:"Anonymous said...
Thanks for the heads up on AGP. I'm sending a check today.

9:22 AM, January 18, 2007 "

good on you! Somebody who thinks public "trials," no matter how kangarooish, should be . . . public.