2009 was the year that included the removal of STEP/STEG and other alternatives from the County Los Osos Wastewater Project’s design-build process, a formal complaint against Public Works director Paavo Ogren and hours of tedious — but sometimes heated — debate at the Planning Commission meetings. Along the way, mistakes were made on both sides of the debate while everyone hopelessly expected some of the bigger problems to be mitigated. Contrary to what the County of San Luis Obispo has said, the County has unanimously sided with County staff recommendations with each and every turn involving the LOWWP. With hope fading in their eyes, a small group of Los Osos residents pleaded with the board to reconsider their decisions, but the board moved ahead. Those with the loudest objections to the County were silenced with Supervisor Bruce Gibson’s wave of the hand, a chuckle out of pity and a quick tug of the microphone plug — and the microphone was off. On a few occasions, Gibson asserted that most of the people of Los Osos approved of their handling of the process, but do they?
Whether you like it or not, it’s unarguable the County made an incredible amount of what they would call “progress.” The Planning Commission moved forward with the project, changing many of the project conditions, most of which remained uncontested by the Board of Supervisors. The BOS successfully paved a clear path for the project to be considered by the California Coastal Commission, which will discuss the LOWWP and the appeals in January of next year. The County also managed to secure consideration for USDA grant money (through a population waiver) thanks to the provision on Los Osos added to the Fiscal Year 2010 Agriculture Appropriations bill, which President Obama signed into law. Let’s not forget the $35 million dollar authorization in the Water Resources Development Act, which is available for federal appropriation. The only problem is that after lingering fees and changes relevant to the sewer, which include paying off the interest of the USDA’s $64 million loan, Los Osos residents may not actually see the savings.
For now, let’s take a look at what’s happened in 2009 and check out the highlights.
The Best
1. Regardless of what people think about Lisa Schicker’s formal complaint against Paavo Ogren and the County’s no-bid contract policies, everyone involved can agree that the complaint created a much-needed discussion. Who’s in charge? Do the people in charge have the best intentions for Los Osos or are they working for one of the leading contractor firms in the wet infrastructure sector that — in 2005 — were set to build the most expensive sewer (in LO) per capita in the history of the United States? On a daily basis, former LOCSD director Lisa Schicker was bombarded with antagonistic comments from members of the community who disagreed with the complaint. At times, Schicker was threatened. The discussion became heated, but in the end, County Counsel concluded that Mr. Ogren did nothing wrong… or so he says.
2.The Los Osos Sustainability Group became the first dissenting voice of the County project to step forward and provide an insightful set of solutions. The LOSG water management plan became a talking point at the Planning Commission meetings. Every member of PC agreed that a progressive water conservation plan was necessary to make the conditions right for Los Osos to have a sewer designed and built on or near the water basin. LOSG member and basin management plan author Keith Wimer went to the podium and talked extensively about saltwater intrusion when critics dismissed the issue as a filibustering tactic. Supervisor Chair Bruce Gibson dismissed the plan after asking Wimer if he had any credentials in hydrogeology. Wimer said “No.” Wimer would petition the BOS to consider the LOSG’s scope evaluations, but they would ultimately ignore him.
3. Though STEP/STEG did not pass the two straw votes held by the Planning Commission, Chairwoman Sarah Christie was the only employee of the County to openly question the Board of Supervisors decision to remove STEP/STEG from the design-build process on April 7th. “It seems to me a given that we are going to continue to have nitrate pollution into the bay with a gravity system. It seems like we’re all accepting that that’s indeed the fact, and now we’re just talking about how to deal with it, and that troubles me,” said Christie at the Planning Commission meeting on April 30th.
“I’m not going to carry the day (with STEP), but I do think it is very unfortunate that the Board of Supervisors has chosen, at the recommendation of staff unfortunately, to eliminate this (option) from consideration, because I think there are some legitimate benefits to STEP, and we’re not in a position now really to nail down what those benefits are, but I think there could have been some significant costs savings to the community that would have illuminated (that savings) if we’d been able to move forward,” Christie lamented. Contrary to concerns from County project supporters that Christie would “hijack” the deliberations to pursue a personal agenda, Christie complied with the majority input from the other PC board members. However, she would ultimately establish a condition that would change the project location from Tonini to the Giacomazzi site.
The Worst
1. After winning a seat on the Los Osos Community Services District (LOCSD) in 2008, Maria Kelly emerged as a divisive, egotistical figure in Los Osos. Her comments at the Board of Supervisors on April 30th were a clear indication of her superiority complex. “I support the process, I ran my campaign on it and I won — and not by an insignificant amount. It is reflective of the 218 as well. So that needs to be kept in mind,” said Mrs. Kelly. Kelly won the 2008 CSD elections without a specific set of solutions except, of course, her unyielding support for the County project. Keep that in mind. While supporting the County is not a problem, repeatedly dismissing those who speak out against it is.
Meanwhile, as LOCSD director, Mrs. Kelly — who ran on the promise of bringing solvency back to the district by supporting more “appropriate” expenditure on district funds — sought a conflict-resolution mediator, who she initially wanted on salary. She felt that bringing in the mediator would “improve dialogue” among board members, but Joe Sparks disagreed, saying that the mediator was unnecessary for what he called “psychoanalysis.” After voting to approve W. Dan Gilmore, the new General Manager and his $90,000/year salary, Mrs. Kelly has not brought the district closer to solvency. By spending aimlessly in the midst of a bankruptcy, by expressing her volatile opinions, Maria Kelly moved further away from the constituents that she swore to serve. Maria Kelly has proven to be a servant of a few, not of many.
2. Gail McPherson wrote in a Tribune viewpoint on February 24th — which, according to the Tribune, she personally asked The Tribune to remove from the archives — urging people on all sides to not “hijack” the process.
“Apart from which system you might prefer, please let the county process work,” wrote McPherson. Translation: trust the County and let them work it out.
McPherson endorsed the County process by telling people to let the process unfold. Meanwhile, in correspondence with Public Works Director Paavo Ogren (prior to the removal of STEP/STEG from the design-build process on April 7th), Ogren told her specifically that the County had no intention of pursuing STEP/STEG. She led her supporters to believing the selection process was objective knowing that it wasn’t.
“Please, please don’t let this go,” McPherson said to Gibson regarding Lisa Schicker’s formal complaint, but that was the extent of her support. McPherson, who Schicker considered as a friend, did not stand beside Schicker throughout the grueling process of having her complaint heard and deliberated. One of County Counsel Warren Jensen’s problems with the complaint was that the complaint was co-authored by “others have staked out partisan positions that are consistently at odds with County staff.” Jensen’s comment stemmed from the fact that McPherson contributed several documents that were inadmissible hearsay, which further diluted the complaint’s validity. Since Jensen released his final legal evaluation of materials on September 22, McPherson never took responsibility for tampering with the complaint. Schicker would ultimately take responsibility for all the material submitted — and where was McPherson then? She was posting photos on Facebook while Schicker’s reputation was being mercilessly attacked. This is one of many failures made by a woman who Schicker has said “…had nothing to gain. She has no ulterior motive. She wants the right thing for the town.”
If she had no ulterior motive, McPherson would have bowed out of politics years ago.
3. After the April 7th Board of Supervisors meeting, BOS chair Bruce Gibson told The Tribune that it was the “chairman’s prerogative” to limit public comment on the Los Osos wastewater project to 10 minutes in the morning and 10 minutes in the evening. Residents were given “unprecedented access” to speak at public meetings, said Gibson, while those who were on the agenda would wait up to an hour and a half to speak. Even though Gibson maintained office hours and provided an e-mail address for people to contact him, he’s ignored — and at times even laughed at — concerns raised by residents, who, according to Gibson, are only a small vocal minority compared to most residents who support him and the process. Though he often cites the County’s 218 assessment’s “yes” votes and the community survey as definitive proof that most of Los Osos stands by his personal actions, Gibson’s claim is unfounded.
Gibson cut the microphone of some residents who spoke about the sewer when it wasn’t on the agenda. Retired Judge Martha Goldin was just one of a few who were censored by Gibson. Though Jensen was right when he said the Brown Act allows comment on certain items to run for 15 minutes in the morning and 15 minutes in the afternoon, Gibson has only practiced that restriction of time on Los Osos residents. Here is a breakdown of public comment time on some items not related to Los Osos: approving renovation of the San Luis Obispo airport (55 minutes, 25 minutes over the imposed limit), construction of a new community center for Nipomo (1 hour, 30 minutes over the imposed limit). Gibson’s restriction of public comment time for Los Osos was discriminatory. The board has not been fair, firm and consistent in upholding their own policies. Time and time again, Gibson and the rest of the BOS have shown everyone — who is paying attention — that they will move the project forward without considering public opinion and dissent.
4. Barbara Wolcott‘s book, Small Town Perfect Storm: The Los Osos Saga was released in mid-2009. The book paints the opposition to the 2005 Los Osos Wastewater Project and the current County project as proud polluters and jaded 1960s anti-Vietnam War protesters who can’t stop protesting. According to Wolcott, these proud polluters, the “UltraOpposition” will delay the sewer and create health problems because of it.
With help from mostly supporters of the 2005 project (see the Bibliography), Wolcott focused extensively on the “anti-government protesters” without interviewing them. The UltraOpposition is left defenseless and relentlessly ostracized while the protagonists, such as the three CSD board members who were recalled, were hailed as flawless, selfless, courageous beings who rose above the noisy “obstructionists” to build the perfect plan — that is, until the recall. Wolcott’s story is unarguably one-sided without citations or footnotes. Influenced by subjective, political figures in Los Osos, Wolcott created a book that belongs in between the Fiction and Fantasy sections.
And Finally…
Though the sewer saga has been lingering over our heads for decades, the cloudy days by the bay have never changed. Though sewer options for the Los Osos community are dismal at best, the birds continue to sing while the egrets fly over still waters. While the clock is running out and the check for the sewer is still blank, nature moves on. Sleazy sewer aficionados, back-room ramblers and gamblers will never affect the intrinsic beauty that is known as Los Osos.
The events of 2009 has taught us that disciplined unity, power and purpose are the only elements that can combat — or perhaps even undo — the impending catastrophe. Change won’t happen from speaking at the podium week after week, month after month or year after year. Change won’t happen when you’re following leaders who lead their followers off cliffs. Change won’t happen when you blindly support an authoritarian process full of smoke and mirrors. Change comes from the pursuit of innovation and changing the methodology for pursuing it.
It would be political and strategic brilliance if people recognized their mistakes and improve so when 2010 comes around, it will be a year to remember… for all the right reasons.
– Aaron Ochs
