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Friday, March 23, 2007

Put Out The Cat . . . Puuuuutttt Ouuutttt the Caaaattttt, Part Duh.

Tribune March 22 headlines: REGULATORS TO GET TOUGH IN LOS OSOS SEWER SAGA. They say they will crack down on property owners because the town still hasn’t built a sewer.”

Puuuttt ouutttt the Caaatttt……

Uh, hate to tell the Tribune reporter, but the notices the RWQCB just mailed out to every Los Osos property owner are official notices that SHOULD HAVE BEEN MAILED OUT A YEAR AGO, instead of the year-long, bungled, relentless, damaging and harmful harassment and “prosecution” of The Los Osos 45.

Nothing “tough” about the letter. Matter of fact, I think a whole lot of folks will read it and say, “Ummn, uh, o.k., uh-huh, yeah, yeah, we know that, uh, ummm, o.k. know that too, uh, sure, sure, what’s you point?, ummm, mmm, o.k.” then throw it in the wastebasket. [Added Note: Legally, are these suppose to be "official notices" that are supposed to have been sent out registered mail, return receipt requested, etc? So the RWQCB knows people actually got them? Or were these letters just an informational update, with no legal status? Just asking.]

Except me, of course, who read it and said, “Umm, uh, o.k. uh-huh, yeah, yeah, OH NO! HARVEY, [Packard, Prosecution Team Lead, who signed the letter]YOU’RE WEASLING, NUN-HUH, THAT’S NOT TRUE, YOU’RE LEAVING OUT SOME REALLY, REALLY CRITICAL INFORMATION, OH NO, DON’T GO THERE, HARVEY HARVEY, WHAT AM I GONNA DO WITH YOU?” when I got to the paragraph that said, “Several parties have agreed to a settlement instead of the cease and desist order and its hearing process” without noting that several people who settled have since rescinded once they found out what was actually in the settlement agreement, while others settled under duress.

Or Harvey’s statement, “The settlement agreement requirements are almost the same as those in the cease and desist order . . . .” Oh, Harvey, Harvey! DON’T DO THAT. YOU’RE WEASLING AND IT’S GONNA BLOW BACK ON YOU. THE SETTMENT AGREEMENT REQUIREMENTS HAVE SOME SERIOUS “POISON PILLS” IN THEM THAT ARE NOT IN THE REGULAR CDO’S, POISON THAT MANY OF THE SINGNERS WERE NOT AWARE OF BUT SURE NEEDED TO BE, SO DON’T BE TELLING PEOPLE THEY’RE “ALMOST THE SAME.” NU-UNH. THAT’LL MAKE PEOPLE THINK YOU’RE NOT TELLING THE WHOLE TRUTH, WHICH WILL MAKE THEM THINK THEY CAN’T TRUST YOU ANY MORE!

Plus, this notice says nothing of the fact that the CDOs that have already been given are now on appeal to the SWB and may head to a “real” court where it may be found that they’re full of legal no-nos and may have to be tossed out in order to start over again. No mention of that, which is unfortunate because that turns this letter from a neutral informational letter into one of spin …. Puuuuttt ouuttt the Caaatttt.

Even weirder is the following paragraph that states, “Several parties have expressed concern that this process is too slow.” You mean the kangaroo court you’ve set up needs to violate everyone’s rights even quicker, so maybe instead of individual “trials,” we should have mass auto-de-fe burnings, with clumps of a hundred homeowners tied together at the neck and trotted out to listen while the Board plays a tape recording of the “charges” at a speeded up rate so they all sound like The Chipmunks, followed by a gavel fall and a thundering chorus of GUILTYGUILTYGUILTYGUILTYGUILTY, NEXT! MOVE DOWN, MOVE DOWN, MORE TEA, MORE TEA?

Saaay, I like it. Very theatrical. On the other hand, I think that might just guarantee a mass legal appeal which would land everyone in a “real” court where somebody may get a spanking.

No, I think Mr. Packard and his Board need to do some more homework. Like acknowledge Mr. Tim Cleath’s sworn testimony that pumping, inspecting, repairing will have no appreciable effect on the ground water, so stop pretending that this is being done to “protect the ground waters of the state of California.” It isn’t. So, make up some other reason, like, PIR (Pump, Inspect, Repair) is being instituted in order to get PZ-wide baseline data on all septic systems. Heck, that was something that should have been done years ago under Resolution 83-12.

Then, the water board staff needs to sit down with the county and write up procedures, verifiable numbers and terms and glossary, and such like, plus a reasonable time line that ensures the 5,000 septic systems that will be “inspected” will not be “inspected” by a septic tank version of the Irish/Gypsy Travellers who will be coming to town to fleece homeowners with unneeded and unnecessary “repairs” required under color of law by the CDOs or “Settlements.” (More on that later.)


While this is being done, the Grand Inquisitor, Reed Sato, needs to urge the SWB to expedite the appeal, maybe even recommend a mediation court after the appeal is heard, so as to determine quickly the validity of the CDO process. If certain problems are found, then maybe instead of repeating all the mistakes, Mr. Sato can sit down with the PZLDF’s attorney, Shauna Sullivan, and return to work to re-craft a settlement agreement that protects the citizens’ rights AND is one they can sign without duress AND one that doesn’t contain any Poison Pills of Unintended Consequences AND one that won’t trigger lawsuits claiming a tie to illegal electioneering AND makes the Board look like they’re busy “doing something” instead of wasting time and money.

Then maybe we can all re-focus this community in order to see to it we end up with a great wastewater project, so we can all go home and grow petunias and rutabagas.

24 comments:

4Crapkiller said...

It seems like your comments are valid.

1. This has always been a property owners matter: the sewer, any sewer.

2. What gave the LOCSD board the right to stop the sewer by haulting construction without a vote of strictly the PROPERTY OWNERS in the PZ, regardless of residence.

3. Slightly less than one third of the voters in the district are renters. The fact that every registered voter in the entire district were allowed to vote
on a recall for persons avowing to stop the sewer seems strange. The matter was for the direct benefit of the property owners in the PZ.

4. We have a total breakdown of property rights through bad, and perhaps illegal, government process.

5. And now some in the PZ, perhaps Al Barrow and Duggan, would hope that the property owners in the entire district would bail out the bankruptcy, when the bankruptcy was incurred for the direct benefit of the property owners in the PZ.

6. It seems to me that the water board should challange the legality of the LOCSD board to stop the sewer.

7. I have a distint feeling that the water board has made some serious blunders and shown lack of due dilligence on this matter.

8. And now we have Al Barrow (renter) criticising the makeup of the TAC. He wants an affordable sewer that may not be affordable.
"If wishes were horses........."

Anonymous said...

Speaking of electioneering, how 'bout that Al Barrow claiming "we're looking at $350.00 a month" in the Bay News, simply because he didn't like the TAC appointees. What a freakin' piece of work.
And speaking of neighborliness (no one was, but thought I would), how 'bout Bruce Payne telling all who would listen at the BOS meeting on Tuesday he would campaign against a 218 vote. What a guy.
I'm so sick of these people I could puke.

Anonymous said...

It is time for us to completely ignore the Barrows and the Duggans of this community. They do nothing but create negative, nasty, divisive feelings. Please don't even give them the satisfaction of mentioning their names over and over. That is what these vermin feed on. Just IGNORE THEM.

Anonymous said...

One thing is for certain: Gail McPherson does not, and will not, speak on my behalf about anything, EVER. There is a movement afoot to gather property owner letters, directed to the RWQCB, that neither McPherson, nor the LOCSD, have the authority to represent them in CDO related matters.

Further info to come...

Anonymous said...

Ann you are a racist!

You should know better than to pull out that old gypsy and irish crap. Why not write about the watermelon eating black folk and the beaners and the injuns?

Mike Green said...

Oh my Ghod! The PC police just gave Ann a smackdown ticket!

Guilty Guilty Guilty! Insensitivity to gypsies and the Irish


Of course, I'm suspecting she is an Irish Gypsy, what with those stripped socks and a healthy disdain of authority.

Maybe the previous poster is a Black illegal Mexican immigrant with Cherokee ties?

4crapkiller said...

Yeah! Give us beaners, injuns, and watermellon eating black folks! I do not think that there is such a thing as a celtic gypsie. If there were such, Ann would be it!

Anonymous said...

4crapkiller,

The Tri-W people have taken over Ann's site! Why don't you just leave the site rather than put her down. Or are you paid to ruin it and spread your propaganda.

Anonymous said...

A celtic gypsy? sign me up! how do I join?

*PG-13 said...

Oh boy, another pile on! This one is just too good to miss.

Anon > Ann you are a racist! You should know better than to pull out that old gypsy and irish crap. Why not write about the watermelon eating black folk and the beaners and the injuns?

Mike Green > Oh my Ghod! The PC police just gave Ann a smackdown ticket! Guilty Guilty Guilty! Insensitivity to gypsies and the Irish.... Maybe the previous poster is a Black illegal Mexican immigrant with Cherokee ties?

tTo which 4crapkilleradd> Yeah! Give us beaners, injuns, and watermellon eating black folks! I do not think that there is such a thing as a celtic gypsie. If there were such, Ann would be it!

Especially an international ethnic-rascist PC pile on. Way toooo good to miss. I had to go back and re-read Ann's blog 3 times before I found it. But there it was, as big as day and in black and white (although that's probably not the best descriptor to use in this instance):

Ann> .... plus a reasonable time line that ensures the 5,000 septic systems that will be "inspected" will not be "inspected" by a septic tank version of the Irish/Gypsy Travellers who will be coming to town to fleece homeowners with unneeded and unnecessary "repairs" required under color of law by the CDOs or "Settlements."

Dang, how did I miss that!! Never mind, what can we make of it?

Firstly, I think we're gonna have to look long and hard to find septic tank version of the Irish/Gypsy Travellers anywhere in history. This is either an entirely new geneological branch of Irish and/or Gypsy Travellers or its an entirely new put down. Either way its worth noting. This coulda gotten messy very quickly if not for ....

(Seemingly) another Anon > A celtic gypsy? sign me up! how do I join?

And there ya have it. Irish and Gypsy's and beaners and Injun's and watermellon eatin' black folk! Its hard to denigrate and pile on a minority of disparged lineage and ethics when others are looking for the quickest way to join the group. Anon, pick a number and get in line. I'm Scottish and I DEMAND that we too be properly represented in this Great New Cult. I mean, what's an Irish/Celtic Gypsy/Beaner/Indian/African American/illegal Mexican American without kilts? And bagpipes? And blue body paint? And single malt scotch? Go figure.

Nope, can't have no sewer without some racial strife and social insults. That! by god is what we've been missing. Sewer jihadists just don't raise the ire - nor get the attention - of genealogical insults. I'll be honored to take to the streets with my ruddy Red, dark complected, spanish speaking, brawling, red skinned and watermellon spittin black brothers! ANYBODY GOT A PROBLEM WITH THAT?!

Mike Green said...

As for me ,I'm looking for those Gypsy septic pumpers of questionable lineage.
might be able to work a deal, nudge nudge wink wink

Anonymous said...

In all seriousness, I cannot see why any *renter* should be allowed to make a decision that would ultimately affect a property owner.

This is a matter that lawmakers should discuss, and vote upon. I personally hate the idea that any transient being can, by some vote, affect me for the rest of my life, when they can go on about their business forever, and *I* am *stuck* with their stupid choices.

**I** am the property owner. This decision should be up to ME. Not THEM!!

We should not make light of this situation. This is serious stuff, for those of us who own property within the PZ.

HOW do we get our opinions heard, without the roar of Linde, Al, Margetson, Kieth, Joey, Payne, and all the others who drown out everybody else????

I WANT to be heard!! This gang puts EVERYBODY OFF. I want to live here, but with these guys drowning out everybody else, how can we be heard?

Ann, can't you SEE that these ba$tards need to be quieted????

Are you so blind that you cannot see what is happening?

Will you speak out when they drown out YOUR opinions????????

Anonymous said...

Dear Anonymous 9:23 PM:

There will be no day of reckoning until all the idiots have been proven to be wrong.

You see your property being sucked away by the increasingly higher sewer fees. So do I. I see stupid renters, those who can move away at a moments notice, deciding what will affect me for the rest of my life. The life I thought I could spend, in my retirement, tending to my yard, going to lunch with my beloved wife, and thinking such thoughts as making a book of beautiful sunsets, to publish.

NOW, I and my wife are faced with horrible decisions: Move, at a loss; hang in there and hope our investments will cover such expenses; I hate to even consider all the other alternatives.

My wife and I worked hard all our life.

We gave our kids a good education (it took TWO paychecks), and we thought we could retire to Los Osos and have a reasonably good live in a fairly decent home. But now?

NOW?

My wife is not in the best of health. I am up there in years, but fairly healthy.

We cannot contemplate $350-550 per month for a sewer bill. Why didn't everybody leave WELL ENOUGH ALONE?? We could have afforded the $200 per month. Not this inflated amount, because certain egos had to be satisfied.

We will probably stick it out for as long as we can.

I do not know what we will do in the future.

I know my wife is so distressed by this stupid Board's actions, she can hardly breathe.

I know I am so chagrined by this Board's actions, I want to fight back, but, with what???

My only hope is that the COUNTY will step in, and maybe, with some federal grants, folks like us will not end up living in some Airstream trailer in Bakersfield.

We both worked hard all our lives and saved for our retirement in Los Osos. Should we be at the mercy of some transient renters in Los Osos, as to our FUTURE????

Mike Green said...

Anon posted:
"In all seriousness, I cannot see why any *renter* should be allowed to make a decision that would ultimately affect a property owner."
I have thought long and hard about this question, as I too am a "landlord" although my rental property is not here, but in Oregon.
How much say should the resident have in their future?
Very good question.

My opinion is that whatever enriches the renter enriches me, raising the rent beyond what they can pay causes me financial harm in that property will be vacant, probably after lengthy negotiations.

Renters are an integral part of not only landlords financial health, but the whole enchilada.
Dose anybody have any idea what will happen when 200- 300/ buckos a month is removed from 5000 families discretionary spending from our local economy?

Churadogs said...

PG-13 sez:"I DEMAND that we too be properly represented in this Great New Cult. I mean, what's an Irish/Celtic Gypsy/Beaner/Indian/African American/illegal Mexican American without kilts? And bagpipes? And blue body paint? And single malt scotch? Go figure."

By all means, add the Scots! Historically, I'm sure there were those of Scottish origin in amongst the variety of Irish/Gypsy/Whatever Travellers. Welcome to the club.

Anonymous sez:"Ann, can't you SEE that these ba$tards need to be quieted????

Are you so blind that you cannot see what is happening?

Will you speak out when they drown out YOUR opinions???????? "

It never ceases to amaze me how quickly and easily people in the Land of the Free, Home of the Brave, fail to understand that when they attempt to shut OTHER people up, they are only throwing away with both hands, THIER free speech rights as well. It doesn't work that way. You are perfectly free to write letters to your representatives, speak at public comment at the BOS, the TAC, the CSD, call and email your reps, write letters to the editors, post your "free speech" here and on other blogs & etc. Your voice is not silenced, your "free speech" is not hampered at all,and YOUR right to speak out is just as valuable as those OTHER people's rights, and YOUR opinion is just as valuable as THEIRS. So, welcome to the marketplace of ideas. Don't be misled into thinking that just because someone is hollering that they're being listened to more or less than someone who's speaking quietly.

Anonymous sez:"We cannot contemplate $350-550 per month for a sewer bill. Why didn't everybody leave WELL ENOUGH ALONE?? We could have afforded the $200 per month. Not this inflated amount, because certain egos had to be satisfied."

I would suggest you read a previous posting wherein Ripley's comments were posted. Pay particular attentionto the his observations that certain key elements were NOT factored into the "advertised" Tri-W cost that would surely have to come on line in the near future when Title 22 requirments tightened & "recharge" requirements & etc. A lot of people bought that idea of $205 a month. That wasn't a real figure. If your budget was going to just barely make that figure, then you were doomed even before Tri-W went on line, from increased energy costs, if nothing else. Add in cost of imported water and our long overdue water repair costs, and increases in water & etc. and a lot of people in this community were in deep financial trouble before so much as one shovel full of Tri W dirt was turned.

and, like you, I can only hope the County won't run into a 40% contractor overbids and/or cement cost bumps, and can leverage some federal monies & etc. to keep project costs down. It's something we're all hoping for.

Anonymous said...

To: Mike Green, 10:11-

After considering your point, I have to respectfully disagree. I think that the voters of California, when they passed Prop 218 back in the late 90's, actually got one right. "Special benefits" are those directly benefiting specified properties. Therefore, only the property owners of those specified properties must directly pay for them, and only the property owners responsible for those direct payments should vote for the related assessments.

"General benefits," which are (can be)enjoyed by all members of the community, have a higher standard for passage (2/3) since non property owners can cause the property owners to incur assessments.

Clearly, renters are indirectly impacted, as are landlords. But it is the landlords (the property owners) who will face the concequences of an acceptable sewer not being built in a timely fashion. As the other poster said, the renters can quickly leave the situation that property owners may have their family fortune invested it.

Bottom line, the upcoming Prop 218 election for the "special benefits" portion of the project cost will, and should be, voted on by property owners, only.

Anonymous said...

WHAT is the cost of imported water for the Ripley project?

Answer: Ann doesn't know, because it isn't provided or included by Ripley.

What is the cost of imported water without a project?

Answer: 600 acre-feet per year, the current estimate of shortfall which is the amount that must be reduced before any more building in Los Osos.

What is the cost of imported water with the Tri-W project?

Answer: 215 acre-feet per year AT FULL BUILD-OUT, and build-out would spread out costs so the average individual costs for a wastewater project could be reduced by about $25/month. Another benefit of the old project poo-poo'd by the likes of Ann and others. FULL BUILD-OUT results in higher property values and funds, i.e. more money for fire and drainage and improvements from the increase in property taxes from putting in a sewer. Want to would bring in more revenue? New build-outs could be required to pay for any supplement cost - at NO COST to existing homeowners.

Would RO have been required by the old project?

Answer: SPECULATION

Ron said...

Ann wrote:

Oh, Harvey, Harvey! DON’T DO THAT... "THAT’LL MAKE PEOPLE THINK YOU’RE NOT TELLING THE WHOLE TRUTH, WHICH WILL MAKE THEM THINK THEY CAN’T TRUST YOU ANY MORE!"

Any more?

Ann:

"Don't be misled into thinking that just because someone is hollering that they're being listened to more or less than someone who's speaking quietly."

Or as the great Jim Rome says: "Screaming doesn't make your take better. Screaming makes your take louder."

4crapkiller said...

An anon stated:

"4crapkiller,

The Tri-W people have taken over Ann's site! Why don't you just leave the site rather than put her down. Or are you paid to ruin it and spread your propaganda."

I wish I was paid to disspell foolish opinion and anti-social behavior. PAID? I am a PAYER. Already I have lost better than $250,000 in real estate value because of fools. I still do not have a sewer and am threatened with CDOs. I have no idea what the sewer will cost for each piece of property, but suspect that it will be somewhere between $55,000 and $75,000 for each, without the cost of any bankruptcy ot interest thrown in.

So you would ask me to leave this blog and not protect my property rights or assign blame to the idiots that stopped the sewer and caused real estate values in the PZ to tank?

I am not a TRI-W advocate. I could care less where a sewer goes. I do not even care if it is "affordable". We are way beyond "affordable" on our own nickle.

Like every property owner in the PZ, I am stuck. Hopefully the county will come up with a reasonable solution. Even if the solution is not reasonable, I will still assess myself. Any assessment will be recovered in the recovery of real estate values.

The silence of Ann's criticism of those who stopped the sewer has been deafining. With the consequences clear: bankruptcy, insolvency, payoff to lawyers, possible CDOs, loss of real estate values, scramble to increase rents, and still no sewer, it is a wonder you pay any attention to her. She needs to be held accountable for her opinion, and that goes for Crawdaddy also.

If you are a property owner, hoping beyond hope that we will emerge from this foolishness without paying a steep price, you are sitting on your brains.

If you are a renter, you can always move.

Anonymous said...

Ann says:
"I would suggest you read a previous posting wherein Ripley's comments were posted. Pay particular attentionto the his observations that certain key elements were NOT factored into the "advertised" Tri-W cost that would surely have to come on line in the near future when Title 22 requirments tightened & "recharge" requirements & etc"
FYI - Certain key elements weren't included in Ripley's report either Ann.

Anonymous said...

To 4Crapkiller,

I'm tired of you blaming the wrong people for the financial problems that Los Osos has. You do it over and over, every day.

It was the recalled board who started the project before they had to, before a 218 vote, before the recall, hired contractors who over-bid, etc. If they had only waited -- just a few weeks -- we wouldn't be in this mess.

Please stop blaming everyone but the ones who caused this mess.

Anonymous said...

Hell, maybe "they" should have waited another 8 years while the MTS malcontents find some perfect system!

The facts show that the Lisa led Board were such poor managers, they forgot they were also stewards of the public's tax dollars. Had they really wanted a sewer, they would have first determined the financial base from which to work. Secondly, they would have actually had a preliminary plan. But we have seen that there never was a plan, and the funds were handed over to Blesky and the lawyers with no control of the spending.

Continueing to blame the old board is very childish and doing nothing to solve the financial bankruptcy of the District. So far, there has been no planning toward solving the bankruptcy! So far, the Board thinks it can continue to throw away tax dollars on legal aid for a few. So far the Board continues to allow an inordinante amount of time to the same malcontents at every meeting.

Wake up, the CSD is a lame duck and going to declare insolventcy next month, they are broke! They lost the sewer project, they lost the respect of the community, they lost respect of the County!

Wake up, it's not 4Crapkiller wringing her hands and declaring that that the blame is everyone else but herself. You may feel better blaming the past Boards, but you must know deep inside that the real damage was done by the Recall Board.

4crapkiller said...

To Anon 6:08:

"It was the recalled board who started the project before they had to, before a 218 vote, before the recall, hired contractors who over-bid, etc. If they had only waited -- just a few weeks -- we wouldn't be in this mess."

Yup! And if they had not been recalled...... And if the new board had not stopped the sewer because they applied due dilligence......

Shoulda coulda, and there was no logical alternative, fool!


"

Churadogs said...

Anonymous sez:"Wake up, the CSD is a lame duck and going to declare insolventcy next month, they are broke! "

Shall we start an office pool on that date?