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Showing posts with label Montgomery Watson Harza. Show all posts
Showing posts with label Montgomery Watson Harza. Show all posts

Friday, May 27, 2011

Uh-oh, Better Get More Candles

If you want to experience a sickening sense of deja vu, get a copy of New Times ( http://www.newtimesslo.com/ )for Colin Rigley's excellent story, "Consulting Waste."  Morro Bay and Cayucos are joined at the hip via the Joint Powers Authority to upgrade their shared wastewater treatment plant which is located in Morro Bay. Naturally, this being a sewage project, the Usual Suspects showed up:  Corrollo Engineers, Wallace Group, followed by Montgomery Watson Harza.  And, as Rigley notes, "It's been five years since the two communities contracted the first consultant to begin planning for a plant upgrade project.  Morro Bay and Cayucos have, as it stands, a project proposal that could be in need of a complete overhaul.  Consultant fees have so far cost about $1 million in what could ultimately be a $34.3-million project -- unless it gets more expensive."

Continues Rigley, "'You hire a consultant, and they have no responsibility for the outcome,' said one local official intimate with the project. 

"The consultant gig can be a cut-and-run game in which the consultant submits a proposal, then skedaddles before that proposal is put to the test.

"'This means they can do anything they want, charge anything they want, and if it doesn't work out, then you have to pay more," said Gail McPherson, a wastewater division manager from Riverside -- now acting director for Citizens for Clean Water."

Adding to the expensive pile-on, are the lobbyists whose job is to try to finesse (or "spoon feed") a project past the Coastal Commission, a tough job if the project is shaky, which this project was from day one.  I mean, almost before the ink was dry on the copy of the plan, the CC was firing dangerous warning shots across the JPA's bow. The problem? Thinking they could just build a new treatment plant on the old site without looking seriously at alternative sites that would take the plant off a 100-year flood zone.  Plus taking a serious look at treated wastewater reuse, a costly re-do but one that's simply going to be the prefered plan for any upgrades from now on in a water-strapped state.

And so it went, consults begetting consultants.  Here's Rigley again.  "If some of the names and companies working on Morro Bay's and Cayucos' project seem familiar, it's because they are.  In the Los Osos project, members of the Wallace Group and Carollo -- specifically Lou Carella, who worked briefly for MWH -- sat on the panel that recently selected MWH as one of the top three firms to design and build the most recent incarnation of the Los Osos sewer project.

"In fact, [Project manager Dennis] Delzeit's contract with Mrro Bay is a joint venture with him as the project manager along with the Wallace Group.  On paper, Delzeit and the Wallace Group are virtually synonymous.  Every page of his contract pitch for the project management gig is labeled 'R. Dennis Delzeit & Wallace Group.'

"Delzeit was also part of a seven-member review committee that selected MWH to design the Morro Bay/Cayucos project.

"Morro Bay Capital Projects Manager, Dylan Wade, who worked for MWH until April 2007, also sat on the selection committee (wade, however, recused himself from the final state of the selection process, he said in a previous interview.)

"'It seems pretty clear that we just keep on reverting to the same firms,' said one local official.

Indeed, some of the same MWH people who designed the Los Osos project are part of the MWH team in Morro Bay and Cayucos.

"And the price tag is rising."

I'll say. Which is why Rigley concludes his article with this: "What no one wants, though, is a replay of Los Osos -- a project that has skyrocketed in cost over three decades and coutless revisions.  But as it moves forward -- manned by many of the same people and companies for a project that may need to relocate -- it seems the Morro Bay/Cayucos project could be facing the same fate."

Which is why I say, get out the candles, folks, and start saying your prayers for the good folks in Morro Bay.  

Friday, March 25, 2011

Exhibit 3-C or How Much Is That $8-million in the Window?

"Seven Disasterous Years Later: The County's Recently 'Accepted' Project Looks Awwwfully Familiar to SewerWatch."  at http://www.sewerwatch.blogspot.com/.

Read it and . . . . laugh? Then ask, What the hell was the Coastal Commission smoking, anyway? Without any proof demanded, they bought the pre-recall CSD's SOC statement about how the community was demanding a sewer plant in the middle of town so they could build a tot-lot next to it, and now it appears they also accepted, apparently with no proof, a claim that there was no "financial incentive" to put  the sewer plant out of town (C-3), even though, when the County later took over the project, it was easily able demonstrate a variety of "financial incentives" on the two plant sites.  (Not to mention that CEQA demands that if there's a less environmentally sensitive alternative, it must be persued.)  But in this case, that wasn't done and nobody asked, even when the old "bait & switchy" red flag went down on the play.  So, let me ask again: What was Rob Miller smoking?  What was MWH smoking?  What was the Coastal Commission smoking? 

Meantime, I think maybe Morro Bay and Cayucos better wake up since the CC will soon be "reviewing" their sewer upgrades and if the Wallace Group (Rob Miller) and MWH are involved with that project . . . ? 

Woa. Hide the silverware, Boys!

Wednesday, March 16, 2011

Goodbye, Los Osos. Hello, Bangladesh-By-The-Bay. Happy Days (Will Soon) Be Here Again (Once The Riff-Raff Are Gone)

The 30-plus-year-old game show was over. Time for the losers to pack up and leave. On March 15, the Ides of March, the SLO Board of Supervisors voted to take the sewer project, which means bids will be going out, assessments will likely show up on the tax rolls in Dec. and the financial wrath that is about to set down on the town will commence.

Or, at least a part of it will. The latest cost guestimates are now $163 unless the undeveloped lot owners vote to assess themselves for years in the hope of developing some day. If that happens, the guestimated cost could fall to $134 (plus the cost of hook ups and the cost of water used in the “rates and charge,” which will vary, depending on how much water a household uses.) All of which is an awful irony: This community will likely end up with a “better” and “cheaper” project with the sewer plant “out of town.” Which begs the Eternal Question: Why did it take a recall and a Hideous Sewer War to accomplish that? The community’s wish for a cheaper project with the plant out of town seemed at the time (and still seems) a perfectly reasonable request.

The Usual Suspects were at the meeting, reminding the Board that there were/are cheaper solutions that could/should have been possible if the Board had allowed the promised design build process to play out. That claim ignores the fact that the “promised” design build process -- wherein the best technology and solutions would be allowed to come to the top and the whole project be competitively awarded to the smartest guys on the block with the best solution and the best price, -- was all PR hokum, a wickedly smart Paavo Ogren lie that was accidentally exposed by Noel King blurting out that Los Osos would get a gravity system even before the TAC was selected and started work.

But, no matter, that little “Chinatown” bean-spilling was quickly forgotten and the original lie constantly burnished and dangled before the public until it was no longer useful and was permanently buried by another lie when Supervisor Gibson hilariously claimed he had to kill off design/build to get federal stimulus money for a shovel ready project & etc. Which sounded swell, except for the fact that there was no “shovel ready project.” Not even close. But the ploy worked beautifully in permanently taking design/build off the table, thereby eliminating forever any possibility that a STEP system design would be in the running. Can’t have too much design/build “best technology” running around and maybe showing up with low bids in hand. So, done deal, redux, while the rest of the Supervisors watched with blank faces.

Which they also did when citizens would come to the microphones at various project updates and earnestly ask, “What am I to do? Where am I to go? I will have to leave my home because I can’t afford this project.” No answers there. Not their problem. Not anybody’s problem, really. Not the County’s, not the State’s, not the Feds. So, move along now.

Or get berated from the dais for being whiners and “anti-sewer obstructionists,” or armed and dangerous crazies requiring that a Sheriff be in the back of the room. All for being annoying Los Osos people who endlessly parade before the Board to remind it of its promises, remind it of the problems still unsolved, warn them of pending crises and constantly ask questions that have no answers. (Well, they do have answers, but none that want to see the light of day.)

Questions like, What percentage of Los Osos residents will be forced to move? Who pays the assessment bills for homeowners who default, especially if a whole lot of them do and in a depressed market in the middle of a recession, they can’t sell their homes? What happens to local businesses when $200 a month of previously “discretionary money” is removed from the economy? What happens to the sales tax dollars paid by those businesses when there is no business? And what’s up with the water?

No answers there on the economic side, since nobody bothered to do any kind of affordability studies in the first place. Best not to know. Just build it and they will leave and then try to figure out what to do next, I suppose. Not our problem. Kick the can down the road for some other Board of Supervisors to deal with. Then move along.

And the salt water intrusion issue? Pray that enough recycled wastewater and heavy duty conservation by the community solves the problem, I guess. And people all over town start xerescaping like crazy.

Some public comments and Misc. notes:

-- John Waddell noted that while there was only one bid received from the short-listed three firms qualified to bid on the design, he felt that the bid was “competitive” since the company didn’t know the other two companies had dropped out of the running. One company that did drop out?  Montgomery Watson Harza. They cited “Los Osos controversy” as their reason to depart the field. Ingrates! I mean, Supervisor Gibson moved heaven and earth and risked a high degree of ridicule for the “shovel ready” short-listing maneuver that made sure they had a place at the table and then they leave town without so much as a bid? Ah, how sharp the serpent’s tooth. . .

-- The CSD Prez noted that the Board’s taking this project and repaying the $$ owed to the RWQCB helps the CSD’s bankruptcy case to move along. He expressed a concern for the affordability and noted that the cost is comparable to TriW, even five years later and is an improved project what with returning/reusing all the water and adding an ag element as well.

-- Supervisor Meacham (sporting a nifty beard and looking so unlike himself that I hardly recognized him and at first thought he was that actor that plays “the most interesting man in the world” flogging Dos XX beer in the TV commercial) again expressed dismay over the inherent unfairness of having a small group bearing the full cost for a general benefit that will be enjoyed by a larger group, thanks to the RWQCB’s poorly-drawn PZ. Paavo then briefly discussed the possibility of floating a special tax for general benefit for the community, a special tax that would mean people outside the PZ would be assessed for that benefit, (clean water) thereby lowering the costs to the small PZ group (who are actually paying to clean up the water.) Before that discussion could develop, Supervisor Gibson, in usual form, jumped in and in a blizzard of words, buried the whole topic then immediately moved to make a motion to adopt the resolution. It was seconded and passed 5- 0 .

The County now “has” this project. Pray for them. Pray for us. Pray that more grant money can be found. Pray that Supervisor Meacham will again be allowed to bring up the general benefit assessment tax idea without being buried by Gibson. Why Supervisor Meacham (whose district Los Osos is NOT) is the one who keeps bringing this up while Gibson, (whose district this IS) is the one who buries such a notion, remains a mystery. But bless Meacham’s interest in persuing equity.

Oh, the County will be sending out pre-payment information in a few weeks for those of you who have $25,000.00 sitting in your pockets.

Monday, October 04, 2010

Mark Your Calendars

On Tuesday morning, Oct 5, the Los Osos update will be held. It’s scheduled for sometime before lunch and will continue after the lunch break, if needed. The update is the last item before lunch. Agenda is at www.slocounty.ca.gov/bos/BOSagenda.htm.

The next fun things that  are or will be upcoming very soon on the sewer project will be the goold old "Rates and charges" ploy, the wonderful scheme to get the sewer costs for undeveloped properties stuck onto the homeowners of the PZ, on top of their own sewer costs.  It'll be one of those infamous, Los Osos Heh-Heh moments.  Clueless town.  Bait and switch.  Shazam! Done deal. Another one of those Paavo & Gibson's Magic Shows, wherein language will go all Alice-in-Wonderlandy and County Counsel, Warren Jensen, will declare that black is white, then everyone will be told to Move along, Move along.     

And while you’re waiting for the Tuesday meeting to start, grab your Blackberry or iPad and go to http://www.slocoastjournal.com/ and read Jack McCurdy’s Oct 2010 story on “Leading Construction Firm for Wastewater Treatment Plant Loses Big Contract with City of New Orleans.”

Yup, it’s our old friends Montgomery Watson Harza. Which is funny. New Orleans, the Big Easy “unhiring” anyone over, uh, “questionable practices.” New Orleans? That must really, REALLY be some “questionable practices” is all I can say.

Well, SLO County won’t let that stop them from reconsidering short-listing MWH on the Los Osos wastewater project, now will it?

Monday, March 29, 2010

A Day Late & A Dollar Short

The Tribune finally got around to writing a piece on the Watson Montgomery Harza and New Orleans Inspector General Report a while back. And a few regular lurking Sewer Crazies came on this blog and had a cow or two. Now, Piper Riley has written an opinion piece posted on Cal Coast News at http://calcoastnews.com/2010/03looking-for-transparency-in-los-osos/ .

One interesting issue Piper mentions is the incident in Los Osos wherein “MWH local offices were broken into and all of the Los Osos records were stolen. Allegedly they were held in one sole location, the project manager’s laptop, which happened to be the only thing stolen. Around the same time, two integrally involved, government official’s hard drives were wiped clean” . . . “and MWH are also currently heading the heavily flawed, Morro Bay/Cayucos project. The project manager of the 2005, failed, MWH Los Osos Wastewater Project (whose lap top was ‘stolen’) is now the head of the Morro Bay/Cayucos Wastewater Project, the recent contract of which was questionable procured.” And so forth. Or as The Church Lady Would Say, “Well isn’t THAT convenient, hmmmm???”

And so, since I know that the regular lurking Sewer Crazies will have a cow with what Piper’s written and start chewing on each other’s ankles, I’ll best remind them now; Mind your manners, Children, or Momma will dump you.

New Rule

Since it’s clear that government employees don’t listen to Mother Calhoun’s Sage Advice for the Clueless when it comes to generalized canoodling inappropriately & other high crimes and dumb misdemeanors, I think we need a new generalized Rule for Firing People: Walking While Stupid.

I speak, this time, of Dean Smith, former superintendent of San Miguel Joint Union School District who, according to the March 27 Tribune, was investigated by the district and put on administrative leave in February and then resigned in March. According to documents, Mr. Smith formed a “friendship” with a student when she was in 7th grade and he was the principal of the school she attended, and after she turned 18 apparently that “friendship” became something more and they are now “dating” said Mr. Smith’s son. Also, Mr. Smith, after 33 years of marriage, was served a petition for legal separation from his wife -- last week. Which means he was “friending” this young woman while still married. And in its investigation, the school district also found (surprise!) that Mr. Smith had been Googling various inappropriate websites on district computers during work hours, and such like complaints.

Mr. Smith denies or ‘splains some of these charges and states that the district’s “personal disapproval of my associations with another adult, whom I happen to meet while she was minor, goes beyond legitimate district concerns about employee performance.”

See what I mean? I’m sure Mr. Smith is right. Private, of-hours behavior with an “adult” likely IS beyond legitimate district concerns, unless he and his “adult” associates are robbing banks. Which is why we need a New Rule: In addition to the endless list of reasons public employees can be fired, we need to add a new one – Walking While Stupid.

I mean, a Superintendent who moons after and “friends” a young student because his wife doesn’t understand him? Walking While Stupid. If he’s sad and lonely, he needs to get a dog, get a hobby, get a divorce and get out more – with people of the adult persuasion.

But here’s the kicker (and I do sympathize with Mr. Smith because I, too, am a quasi-Luddite,) but even I know that ANYTHING you do on a computer at work can be tracked. ANYTHYING. So if you’re tempted to Google “pictures of Playboy model Sara Jean Underwood in seductive poses” during your lunch hour – GO HOME and do it.

See? Walking while Stupid, you’re fired, Go away, Thank You.

Best Book Title

The Tribune reports that Karl Rove was in town and that 400 people coughed up serious money to attend a GOP dinner and maybe get a photo-op with him at $2,500 a pop. While outside the event, one protester held a sign that read, “I have a dream,” above an illustration of Rove being arrested.”

In addition to raising funds for the GOP, Rove was hustling his new book, which I think deserves an award for Best Ironic Book Title Of The Year: “Courage and Consequence, My Life as a Conservative in the Fight.”

Consequence? To date, Rove has never met a consequence he hasn’t been able to skate away from, with a little help from his well-connected friends.

Wildflower Alert

Saturday, I spoke with a couple who had driven up from Santa Barbara via the Carrizo Plains and said the wildflower display was spectacular. Also spoke to someone else who said the green-type grass is growing quickly as well, so if you want to catch the display, best do it ASAP. And pray a heat wave doesn’t suddenly hit and blast all the flowers to heck. So, time to play hooky. The Carrizo Plains visitor center has picnic benches, so pack a yummy lunch and head east.

Tuesday, March 16, 2010

MWH Back In The News Again?

In my email box. Read it and weep. Or Tune into Dave’s show today. Whatever. It’s dejavu time, all over again, with the County firmly putting it’s fingers in its ears and singing, La-la-la-la-la.

MWH in the news in New Orleans:
(Montgomery Watson Harza) Remember the warning to SLO co. Board of Sups--Is it worth the risk?
“It is an unbelievable story, however it is the same exact pattern of abuse by MWH on Ca. central coast as well as other communities----committing acts of fraud, deceit, misrepresentation, negligence, and/or incompetence in the practice of professional engineering. (see links below)
As a retired wastewater systems manager in charge of large capital project, I have dealt with MWH first hand. I know this pattern of abuse close up. The findings in the Inspector General reports concerning contracting procurement closely mirror the contract issues for Los Osos, Ca. In fact reports containing original documents confirm illegal backdated contracts, and specious payments.” [Gail McPherson]

I will be addressing this Tuesday on the Dave Congalton Show---Radio KVEC 920 AM Click here at 5:00 PM PST to listen live to the Broadcast. http://920kvec.com/pages/1375370.php
Caller-line:
805-543-8830

Toll-free Caller-line:
800-549-KVEC (5832)

e-mail: dave@920kvec.com


Recovery oversight contract allowed overbilling, poor performance, inspector general says
By Michelle Krupa, The Times-Picayune
March 10, 2010, 8:03PM
http://www.nola.com/politics/index.ssf/2010/03/recovery_oversight_contract_al.html


Report blasts firm overseeing Katrina recovery
Posted: Mar 11, 2010 4:46 PM PST Updated: Mar 12, 2010 2:04 AM PST
By CAIN BURDEAU
Associated Press Writer http://www.kcoy.com/Global/story.asp?s=12127237&clienttype=printable
Los Osos Project falis the smell test in New Orleans:
http://calcoastnews.com/2010/03/firm-angling-for-los-osos-project-fails-the-smell-test-in-new-orleans/


MWH? WTF?
Despite lawsuits and bad blood, Montgomery Watson may yet land Los Osos sewer contract
BY COLIN RIGLEY, New Times SLO
http://www.newtimesslo.com/news/2541/mwh-wtf/
Past President of the Los Osos Community Services District filed a formal complaint with the Board of Supervisors, the Public Works Director and County Counsel in April 2009. She provided public testimony regarding her concerns at each public meeting between March 28 and continued through July 2009. She provided the County Board and Attorney with approximately 350 pages of supplemental documentation describing the current violation of design build code, the flawed contract procurement process and potential conflict of interest .
A webpage (sky drive) for public access of all materials that were submitted was created.
Access to the formal complaint and supplemental documentation can be found here:
http://cid-4552988ff6bd052f.skydrive.live.com/browse.aspx/Supporting%20Documents%20-%20LOWTP%20Formal%20Complaint%20-%20Contract%20Procurement%20Process%20-2009


Lisa Schicker 805 234-1228

And While We’re At It

Over at http://www.sewerwatch.blogspot.com/, Ron’s having way too much fun. Prop 84? Park at Tri-W? Really?

Monday, October 05, 2009

One Little "Opinion," Two Little "Opinions," Three Little "Opinions," . . .

Check out "Fradulent Concealment" over at http://www.sewerwatch.blogspot.com/ I suggested to Ron Crawford that he send all these documents to the County Counsel, who would call them "opinions," and then Supervisor Gibson could yell at him and tell him to stop calling Montgomery Watson Harza names, then everyone could wave the documents and go . . ." BOOOOOOO -- Hissss, these official documents are nothing but Opinion!" and then toss rotten tomatoes at Ron as he scampers out of the BOS chambers, after which the Shredder could call him another LON (Los Osos Nut) and make more poopy jokes and then we could all have a big laugh and nobody would ask so much as a single question about the matter. Case closed.

Friday, October 02, 2009

Ooooo Noooo, Et tu Brooootay?

The Shredder has a funny take on the County’s response to Lisa Schicker’s request that they look into alleged conflict of interest issues over the contracts for the Hideous Los Osos Sewer Project. www.newtimesslo.com/shredder/3358/poop-cachoo/ What makes the Shredder’s piece doubly funny is this:

One of the key problems with The Los Osos “Story” is that once you re-brand and reframe the story as LON (Los Osos Nuts, as the Shredder calls them) then anything anyone from Los Osos brings forward – no matter how factual or true -- can be dismissed as Looney Toons. When the “media” buys into that “story,” then it’s really hard to overcome. “Market-based” and media-savvy people know just how to reframe and re-brand the issues, i.e. “anti-sewer obstructionists” becomes a lazy but useful buzz word to falsely describe and so demean and dismiss anybody who raises a concern, even legitimate concerns and ideas that actually do get incorporated in the project, like returning water to the basin, which was proposed by those wacky Los Osos Anti-Sewer Obstructionist Crazies, The Sustainability Group. And once it’s reframed, the false story takes on a life of its own that absolutely defies correction. Worse, the consequences of that false story can be catastrophic on a community that is falsely branded – after all, a town full of LONs and “anti-sewer obstructionists crazies” can easily be demeaned and dismissed as a community deserving of regulatory incompetence, botched political and technical decisions, and a continued failure of due diligence and oversight, all failures carrying a devastating price tag, all failures that did not need to happen in the first place had the powers that be – including The Press – done their jobs properly.

Better still, once re-branded, instead of having to do the difficult job of sorting through the message to separate the wheat from the chaff, it becomes easier to lump it all together, shoot the messenger and then toss the whole thing out as LON chaff. So, lies are truly enduring, especially when they have so many handmaidens with vested interests to keep them alive.

Though it’s funny to see Shredder falling into that “rebrand & re-frame” trap since he/she’s usually waaaayyy more savvy than that. But, Shredder is right about one thing: It’s pointless to ask foxes to investigate their own chicken coops. That’s what the Watchdog Press is for . . . oh, wait . . . Shredder’s right. Forget that. Silly me.

Saturday, August 22, 2009

Lordy! Lordy! Lizzie, Grab Caesar's Wife And Head For The Fence

In her recent formal complaint to County Counsel, Warren Jensen, former CSD Director Lisa Schicker included about a bazillion pages of documents. Mr. Jensen issued a preliminary report declaring, "Move Along, Nothing To See Here, We'll Look Into The Other Pages, Oh, Sometime, Maybe, And Get Back To You," while the Tribune trumpeted that the charges had been "dismissed," without adding the words, "for now," or "pending," to the headline.

Missing in all this "Jeeze, let's get this off the table and out of the public eye" is this hard lesson of history: If there is some way for somebody to derail or delay the sewer project, they will.

Depend on it.

One of the strongest smart moves the County did when they took over this project was to promise to keep The Process . . . clean. No sticky fingers on the scales, no back-room deals, no funny, sotto voce promises. CLEAN.

Then the promised "real" design-build went off the table, heh-heh, the project was suddenly cut up into pre-determined pieces and we had, ker-poof! a "short list" of qualified contractors with a set "to-do" project, rather than a real open design-build bidding process. And in the middle of that, several players who may or may not be tangled up in the bazillion pages of documents submitted for review.

That's not "clean." That's not "Caesar's Wife," not only being above suspicion but needing to keep the appearance of being above suspicion.

That's also not smart because an "unclean" process can leave too many legal "hooks" that can be used to ju-jitsu this project off the rails. The more legal hooks, the more ju can be jitsued.

Which is why the BOS needs to put Mr. Jensen back to work AND hire a neutral, outside review of the whole bidding process to make sure it's clean, make sure there are no legal , "bright-line hooks" that can come back to trip everyone up. Such a review won't delay anything since it can run simultaneously as this project makes its way forward. (And with the BOS hearings and the Coastal Commission reviews coming up, there'll be plenty of time for proper pauses and slight refinement/changes.)

True, a neutral, professional review may cost a bit, but suppose that review finds a few loose nails laying on the tracks. A few "bright line" nails. And removes them BEFORE the train hurtles down the track.

Near as I can tell, that'd be penny wise and about a bazillion pounds-wise as well.

Friday, August 21, 2009

Grab Your Conflict Of Interest Tool Kit and Head For The Fence

Ron Crawford, over at www.sewerwatch.blogspot.com has been busy with his little "Conflict of Interest Tool Kit."

Grab The Rock, Call Your Lawyer And Head For The Fences

The Rock has been busy, as you can see below.

County Counsel Tries to Bury Schicker’s MWH/Ogren Complaint
Warren Jensen’s belated response to Lisa Schicker’s MWH/Ogren complaint paves the way for MWH to move forward, without legal impediments, in the design-build phase of the wastewater project as No. 1 contractor on the County’s handpicked short lists for both collection and treatment. At the same time, Counsel’s disclaimer shields the board. Schicker’s reaction...» Read Articlehttp://www.rockofthecoast.com/news/local/829-county-counsel-tries-to-bury-schickers-mwhogren-complaint

Next Speaker... Shut Up! The Los Osos Public Comment Scandal
It’s not sexy like the Edge/Wilcox scandal, but the Los Osos Public Comment scandal and coverup will cost Los Osos and County taxpayers millions of dollars more in rigged contracts, costs increases, additional fees and charges, further damage to Los Osos' threatened drinking water supply and probable litigation. The man pulling the strings behind the scenes of both scandals could pay at the polls in 2010, if voters take a deeper look...» Read Articlehttp://www.rockofthecoast.com/news/local/830-next-speaker-shut-up-the-los-osos-public-comment-scandal

Best of Summer Public Comment: Los Osos Residents Fight Back Against Gibson Gag With Wit, Knowledge and Advice
Public comment on the Los Osos wastewater project at Board of Supervisors’ monthly updates is the time when no good deed goes unpunished, as Supervisor Gibson and idling board sidekicks turn the vice tighter and tighter on critics of the County’s town-sweeping $200-million megasewer built on the flimsiest foundation of lies and fraud. Following is a just a sampling of the vital public comment from Los Osos residents at monthly project updates on July 14 and August 4—ignored or dismissed by a board that almost never responds. We bring back some folks for an encore because public comment passes too quickly and should not be so quickly forgotten...» Read Articlehttp://www.rockofthecoast.com/news/local/828-best-of-summer-public-comment-los-osos-residents-fight-back-against-gibson-gag-with-wit-knowledge-and-advice
For comment and opinion on these articles and more, go to: http://www.rockofthecoast.com/razor
The ROCK is The RAZOR is The ROCK

Thursday, August 20, 2009

Head For The Fence, Again

Below is a public response by former CSD Director, Lisa Schicker, in response to SLO County Counsel, Warren Jensen’s preliminary report concerning allegations of possible conflicts concerning county Public Works director, Paavo Ogren, and the Los Osos Wastewater Project.

Dear Supervisors and members of the press:

The reason I am requesting an independent investigation is because Gail Wilcox, Warren Jensen and Paavo Ogren , working together, created the 2701 implementation strategy in the spring of 2006 which included the recommendation of SOLE SOURCE contracting to the same contractors that were ultimately hired to sit on both sides of the interview table for the Los Osos project; the same contractors who were hired in 2006, WITHOUT the required legal waivers; the same firms and contractors working on the Lopez Lake Project, including Mr. ogren who worked both on the private and public side of the table; and the same firms that both interviewed and selected each other for the Los Osos project.

No one has yet explained how this is NOT a conflict of interest or an indication of bid rigging or a conflict of the design build code.
These are all unanswered questions still requiring an independent investigation (see note below)

THIS version of my statement contains the revised link to the documents:https://cid-4552988ff6bd052f.skydrive.live.com/browse.aspx/Supporting%20Documents%20-%20LOWTP%20Formal%20Complaint%20-%20Contract%20Procurement%20Process%20-2009Thank you from Lisa Schicker , Past LOCSD President and Board member 2004-2008

An Additional Response to The Press

An open statement to the press and Warren Jensen:

Here is my written statement to you and to the press:

I will be happy to make comments on your report after the County actually completes a complete review of all of the evidence submitted; this preliminary report states clearly that the review was not comprehensive and is incomplete. Warren Jensen has stated in this preliminary report that:- he doesn't have the time- he hasn't read the actual evidence- that the BOS hasn't reviewed it- that he has still not reviewed any of the source documents submitted or anything submitted after May 2009.

There is nothing in the report that refers to Lopez Lake Dam county project, where all of the same contractors were involved and paid on this project, too - when Paavo served as both a private consultant and a county employee - a very important link to be investigated still.

It is clear that neither Jensen nor his staff have undertaken any investigation of their own.This is far from a complete report. The test for bid rigging is fairly straightforward, and the exact statutes violated were backed up with hard evidence. The DA in 2006 called Ogren's knowledge and direction for the falsification of the CSD contract documents with MWH a serious crime. The rigging of the current contracts, and violation of the design build statutes is "bright-line" law.

To suggest that the complaint was merely "an opinion" suggests an unwillingness to investigate the documented allegations. Was not the firing of Ms. Gail Wilcox and David Edge based on an investigation and the main evidence was hearsay and opinion? This was also called a judgement based on the evidence and it involved an outside investigator.

To the contrary, the complaint against Ogren contains the actual documents and evidence of the violations reported. This brief report by Jensen, also called an "opinion" was one delivered without full review or outside counsel, and incorporates excuses for error in advance. It cannot be taken seriously.

A few of the violations that must be thoroughly investigated - STILL include:

California Public Contract Code section 20133 (Design-Build Procurement)
Penal Code Section 424 and Government Code section 6200
Government Code Section 12650 (False Claims Act)
Sherman Act – “bid-rigging”, undisclosed conflict of interest and “self dealing”.
Violations and conflict of interest related to Assembly Bill 2701
Material Breach of Contract - LOCSD Termination of MWH contract for default.

Over a month ago, I suggested to Warren Jensen that an independent investigator, similar to one hired for the Wilcox investigation, occur, as Mr, Jensen was also directly involved along with Gail Wilcox and Paavo Ogren in the crafting and implementation of AB 2701 and have suggested that he may have a conflict himself.

Considering the plethora of unethical and illegal activities happening at the highest levels of County government, it seems like there is a lack of motivation or ability to self-police staff at this time.

I stand by the actual evidence that has been submitted, which has yet to be evaluated. I request that the County hire and independent investigator in this matter, due to the time constraints and potential conflicts for Mr. Jensen. Here is the link to all of the documents for any who cares to review them.https://cid-4552988ff6bd052f.skydrive.live.com/browse.aspx/SLO%20BOS%20Documents%20-%20May%202009

Thank you from Lisa Schicker
Past LOCSD President and Board member 2004-2008..