About Cambria

Yesterday there was a Special Meeting of the CCSD Board of Directors. On the agenda: election of officers and  consideration of rescinding the recently imposed rate increase. For 2009, Greg Sanders will serve as board president and Peter Chaldecott will be vice-president.

I won’t keep you in suspense – you probably already know that the Board passed resolution 01-2009 which rescinded the higher rates. Those rates kicked in last September and one billing cycle has passed the payment deadline (which means you paid it, I hope.) Bills for the November-December billing period will be sent out tomorrow. In that bill will also be an explanation of how to read that bill, since the CCSD has determined it will not refund cash, but instead credit your utility account with the overpaid amount. General Manager Tammy Rudock explained that there are about a hundred accounts of tenants who have moved out or where the account holder no longer has an active account. Those folks will be issues checks in the amount of their overpayment, unless that amount is less than $5. This method of returning the money was chosen because it is less time intensive and less expensive than actually refunding money.

So what next? Well, the understanding that the water and sewer rates must go up is nearly universal. And Jerry McKinnon asked a very critical question following the Board’s discussion on the matter. “Why not keep the money already collected – since its needed?”   The response from President Sanders and Director Clift centered on the very real threat of litigation by the Howard Jarvis Taxpayers Association.  If a lawsuit was brought against the district, we could end up with several hundred thousand dollars in lawyers fees and even if the District was found to be in the right, it would mean no additional monies or increases for the 2 or 3 year life of the suit. And although we would pay more for water, any amount over the “current” rates would likely be required to be deposited in an escrow account as a contingency plan – because if the District did not prevail, it would be obligated to refund that money.

I was glad that the Board spoke to the real reason behind their action: the threat of litigation. Fighting against the impending lawsuit would have just exacerbated the problem – what with attorney fees and all the lost billing cycles when the increase could’ve padded the accounts. That rescission was the right thing to do should have played a larger role, but then we may not have had this situation in the first place.

Just before the Board voted on passage of the resolution, Director Chaldecott explained he would be abstaining from this vote. His reason was that he had been a member of the board that had passed the increase. By abstaining, he took a very important first step in building the bridges of trust.  Although he didn’t want to vote yes on the resolution, he clearly wasn’t comfortable voting no. I hope this trend will continue we go forward.

Speaking of going forward: the Board (through its committees) will be looking into budget items (like conferences) and addressing the priorities for Capital Improvements projects and the committees will report back at the next Board meeting. More on this “new” method of doing things  tomorrow.

This just in: a CCSD agenda for a January 8, 2009 meeting. Only item of business: Public Hearing to Adopt Resolution 01-2009 Rescinding Water and Sewer Rate Adjustment for Fiscal Years 2008/2009 and 2009/2010. Thank you, President Sanders.  I will be at the meeting – scheduled for Thursday January 8, 2009 at 12:30pm at the Vets Hall.

Full agenda is below.

I. OPENING
A. Call to Order
B. Pledge of Allegiance
C. Establishment of Quorum
D. Election of Officers
II. SPECIAL MEETING HEARING
A. Public Hearing to Adopt Resolution 01-2009 Rescinding Water and Sewer Rate
Adjustment for Fiscal Years 2008/2009 and 2009/2010
ROLL CALL VOTE
III. PUBLIC COMMENT
IV. ADJOURN

What is missing from the CCSD’s agenda for Monday?  Discussion of and action on the rate increase. From the General Manager’s point of view, it makes sense. The issue has been decided, the protest failed. Anyone still carrying on about it is just a sore loser out for revenge.

In a viewpoint buried deep on page 19 of this week’s Cambrian, Mary Webb lays bare some of the reasons why this issue isn’t going away quietly:

• the lack of clear procedures for the 218 process,
• the protest numbers being quietly revised in September,
• the fact that the district did not have the authority to invalidate protests based on signatures,
• the notarized statements from disenfranchised voters delivered to the CCSD in September.

Any or all of these factors would change the outcome. For me, it hasn’t been about the extra money tacked onto my bill each month – its the flagrant  disrespect for the democratic system and the law that offends me. I had hope that without litigation the Board would do the right thing and toss the whole thing and start fresh with a new proposal. One that only includes a 10-15% increase. One that has a written process for counting.  There was so much confusion during the last rates debacle that only ONE number out of all the CERTIFIED totals was even correct. It’s a perfect excuse for a “do-over.” Many of the people I have spoken to about the protests of this summer and last fall understand an increase is indeed needed. Nearly all of them would not protest this charmed proposal. The CCSD would have its  increased revenue, Cambrians would really feel they’d been heard and the state Constitution would remain intact.

In November, Cambrians spoke loud and clear in choosing new directors – DeMicco and MacKinnon both campaigned on more transparency and a need to communicate with the community and build trust. But that will have to wait until at least next month. Why?

The new board will not be able to take any action on the rates (or the loan) because it is not on the agenda. State laws protecting citizen’s rights to attend and comment at public meetings requires that any decisions that will be made by an elected board be published at least 3 days in advance of the meeting – so people can attend and be somewhat prepared to comment intelligently (or at least more informed than they might otherwise be.)

At its most useful, government is essentially a mechanism by which neighbors can pool their resources to develop infrastructure, like roads and sewer and water systems, and to provide services, like fire protection, that would otherwise be impractical for us each to provide ourselves. Our elected leaders must expertly pilot the ship toward the community’s vision for the future. What our elected leaders must do is balance the needs, wishes and realities of financial limitations to give us the best services and facilities we can afford….as a community. Sometimes the choices are difficult or unpopular, which is why it’s crucial that leaders can be trusted to act in the best interests of the community.

They are expected to plan for the long term well-being of the community while overseeing the district manager’s job of dealing with difficulties on a daily basis. The added pressures of limited water, no direct control of land use and a well-educated, strong-willed public can (and do) exhaust everyone involved. So nap this weekend and come give one more dollop of energy to the CCSD meeting Monday  (December 15). Then it’ll be about 6 and a half weeks until the CCSD meets again. Come greet the new Board members. Be heard.

I leave off with this precise thought:

“To some degree it matters who’s in office, but it matters more how much pressure they’re under from the public.” – Noam Chomksy

In a surprising announcement at Thursday’s CCSD meeting, the General Manager and District Counsel told the Board and community that the count had been incorrect. In an audit of the protests spurred by a public records request, the total number of protest letters was changes from 2498 to 2517.

In a press release, available on the CCSD website, the new “official” numbers were apparently shown to the League of Women Voters who “verified the revised certification”:

Per CCSD Customer Service Account
Valid Protests Received: 1,982
Majority Protests Required: 2,001 (3,999 ÷ 2) plus 1
Per CCSD Service Parcel
Valid Protests Received: 1,952
Majority Protests Required: 1,966 (3,929 ÷ 2) plus 1

After announcing with such certainty that the numbers were absolutely correct and the League of Women Voters certified the count was correct – turns out the count was incorrect.

All this raises more questions than it resolves. If the count of letters was incorrect, how can we know the number of protests required is correct? This is another example of a mistake that magnifies the incompetence of the staff and brings into question the value of having the League certify the count.

I hope the members of the Board don’t simply dismiss this error, as they have many other incidents, and chalk it up to a mistake anyone could make and therefore let it go. This behavior borders completely unacceptable for elected officials and public servants.

I cannot speak for the CFR, but most individuals I’ve talked to understand a rate increase is needed – the objection is to the process used and the utterly dismissive and disrespectful treatment of community members who are asking for accountability and explanation. No one should have to blindly accept a hit to their monthly budget without adequate justification and some measure of accountability.

What I wrote earlier this week is even more true with this new information: It is not about the few dollars every other month, its about an irresponsible, unresponsive public agency and elected officials that see the law as an obstacle, rather than best practices limits on their authority.

In writing about the first part of the CCSD meeting from last Thursday, I stopped before the really interesting part: Public Comment. Most of the Cambrians who asked to speak addressed the concerns about the lack of a final count on the Prop 218 protest. But I thought I might let those folks speak for themselves. Watch Rich Davega, Edgar Kanarik, Jerry McKinnon and others have their say.

First, a central question almost doesn’t get answered – until Director Sanders suggests staff should answer it.

Watch more of the comments from Cambria residents at Google video.

Watch Rich Davega’s Public Comment

Watch Edgar Kanarik’s Public Comment

Watch Jerry McKinnon, Mary Webb, John MacKinnon and Lynne Harkins’ Public Comment and Director Sanders’ question about discussing Edgar’s comments during closed session.

You can listen to the entire meeting at SLO-Span.org.

Monday, July 21 at 5:30pm – The CCSD canceled plans to announce the results of all the tabulating and verifying of protest letters done last week. Four CCSD Staff and two League of Women Voters observers spent all day Tuesday, Wednesday, Thursday and Friday logging in and verifying protest letters, setting some aside to be validated by Legal Counsel Art Montandon. It was around noon on Friday when they finished the stack provided to them by the group that campaigned against the rates. Then they logged the dozen or so submitted individually at the rates hearing on the 14th. There were three or four letters in support of the rates, but since the writers didn’t include an address, they were not included in the official log. This wasn’t the end of the counting, though. The District hasn’t decided how they will count the votes – by parcel or by meter. Mr. Montandon said he was in communication with some attorneys for other districts with Prop 218 experience and would be taking their opinions into account, but the decision was ultimately his.

But allow me to go back to last week:

For anyone who didn’t have a chance to go watch democracy in action as the ballots were counted in Suite 204 – you really didn’t miss much – at least not on the surface. It reminded me of high school detention: Silence was required of the citizens watching the as addresses and corresponding CCSD customer numbers confirmed almost inaudibly with a pencil on a printout, then quiet exchanges as the same addresses were checked off on the computer spreadsheet.

I sat with four or five people on Thursday, passing messages on scratch paper while some took notes. Since I’d come in the middle of things, I just watched and tried to figure out what their process was. Turns out, none of the observers knew what the process was – not those who had been there since Tuesday morning nor the observer who had asked to have it in writing, just for her own understanding.

In spite of these (and other) frustrations, I do feel a bit reassured that the CCSD isn’t just tossing votes or “losing” them – at least not while I was there. I’m still not sure what standards the staff relied upon as they evaluated the letters or what would cause a letter to be deemed “provisional”.

Fast forward to Monday night:

I arrived early and was chatting with Rich Davega when Art Montandon, District Legal Council, appeared to let us know there was no final count yet, so instead of a meeting, he and Tammy Rudock would be available for answering questions. The representative from the League of Women Voters didn’t stick around. Since there had been a noticed meeting, the Brown Act requires a meeting. So at about 5:30, District Clerk Kathy Choate called the meeting to order, immediately adjourning for lack of quorum (since no Board Members were present). This action adjourned the public hearing on the rates increase. The agenda for Thursday’s meeting doesn’t include this issue – Mr. Montandon doubts the count will be done before next week, at the earliest. When asked about when the count will be certified and action taken by the Board on rates, Mr. Montandon said he had no idea. Likely the next regular meeting, because he and Tammy were both unsure whether the Board President could call a special meeting.

Of the twenty or so people who showed up and stayed, nearly all of them asked questions. After spending many dozens of hours over the last six days, including the weekend, Art, Tammy, Kathy, Pam and Monique spent an hour and 15 minutes addressing the confusion and questions of those who had stayed. There was some tension and combativeness in the room and some answers were not entirely satisfying, but I for one appreciate the time and clarity – even when the answer was “We don’t know yet”.

This was a hard answer for most to swallow, considering the recent history of Prop 218 in Cambria. Art explained that last fall, it was very clear that there were far more than enough protest letters to stop the rates. They didn’t need to do a lot of the kind of verifying and validating of protests they are doing this time around. Why the difference? This time around, the count is much closer, so every protest that doesn’t match the records on file with the CCSD or the County or has an incorrect address will be verified before being counted. How many of these “provisional” protests are there? Your guess is probably as good as mine. The District wouldn’t let any numbers slip except these: 4016 customer accounts (meter), in about the mid 400′s, and 4547 notices mailed.

I asked one main question, and it was a question I had as an individual and one I imagine many of you who submitted protests have on your mind. I wanted to know if a person could check whether or not their vote had been counted or invalidated. The information is in a spreadsheet by address, so it shouldn’t be too difficult for the district to find the information. Art replied that everyone could get that information, but not until after the letters are validated. If I hadn’t personally heard my letter counted, I wouldn’t know that mine had been counted.

To really delve into the nitty gritty details of the concerns is beyond the scope of this article. I invite anyone at that meeting to write about their impressions of it and their understanding of the complaints and compliments regarding this process. Login or click the “Submit a Post” tab near the top of the page to contribute your Point of View.

So will this be history repeating? And how will the board respond. In a recent post, I wrote about the reaction the Board had when the 218 protest last fall was successful. You can view those clips at google video.

The CCSD has posted the meeting packet for Monday’s rates hearing. Download it from the link on the CCSD’s home page.

Highlights:

The official notice describing the proposed water and sewer rate increases was mailed to customers on May 23, 2008. A total of 4,547 notices were mailed, including all property owners and tenant customers.

The proposed bi-monthly water and sewer rate increases are necessary to:
1. Provide sufficient funds for capital outlay and capital improvements, including adequate revenues to cover debt service payments.
2. Support rehabilitation and repair of water and sewer infrastructure and facilities, including compliance with governmental regulations.
3. Build working capital reserves to reduce risk and prudently manage the CCSD’s utility system resources.

The debt issuance proceeds will allow for replenishment of water and sewer cash reserves, including expenditures for the following capital outlay items as approved in the CCSD’s FY 2008-2010 Operating and Capital Budgets:

It’s only six pages…but best to be prepared!

Still on the protest fence? The CCSD reports receiving only 20 protests. Don’t let this number discourage you. Tina Dickason has still not verified the exact number of votes received through the CFR’s P.O. box, but would say that the threshold of the majority is within our sight. So don’t vote yes (i.e. do nothing) because you think “there’s no possible way we can build a majority over the weekend.” YOUR INPUT IS CRITICAL. Your protest must be in the hands of the CCSD by the end of the rates hearing on Monday. (Starts 5:30pm at the Vet’s Hall)

Now ponder this: If you are concerned about the policies made by current Board, protesting the rates sends the Board a loud and clear message: that you want them to do things differently, that if they don’t, you have no reason to think they will change. This gives them four months to show they are reconsidering and changing policies to be more in line with the community’s values. Give them another chance to change, since that message in the first protest seemed to go in one ear and out the other. No change? Vote ‘em out in November. It is entirely reasonable and fair to offer the Board two “do-overs” – Then we just have to accept the adage about old dogs and new tricks and elect someone else. The most sure way to change the fiscal policies is to change the Board members. I hope that the Board sees that the community is giving them one more chance to change, before those Cambrians choose to vote for someone else.

The proposed rates are what they are because that is how much the CCSD General Manager determined was needed to run the district and the Board approved that budget. This is the opposite of how most individuals and families do their budget. Most of us have a fixed amount we get each month (with raises at yearly interviews) and have to live withing that amount of money. We can’t just tell our employer or our clients we need them to pay more because we want to have a savings account and a couple of new cars that would be unattainable without more income. Our budgets are being impacted so the CCSD can have almost whatever it deems “needed”. I will have to more carefully ration my meager funds (already almost as frugal as it can get) as the CCSD bops along its merry way without having to make much sacrifice at all. (* see end of post)

Many Cambrians I’ve talked with were spurred to protest the rates, not because they didn’t want to pay an additional $15.00 per billing cycle, but as a message to the Board that the current fiscal policies are not acceptable and must change. Protesting these rates is a kind of last ditch effort to encourage the current board to change some of their policies. Most of the time, listening to the general public is optional – an option the CCSD rarely seems to use. This is one of the few times the CCSD MUST listen to the community’s opinion. A successful protest could be viewed as a preview of the November election. If a majority of Cambrians protests this rate increase, the CCSD has been warned and the three members of the board might be persuaded to start making different choices and review their policies if they want to keep their seat. Why? Because the most sure way to change the fiscal policies is to change the Board members. If enough Cambrians protest the rates to keep them from being approved, almost the same number of Cambrians should be willing to cast their vote for new candidates. If Joan Cobin, Ilan Funke-Bilu and Muril Clift want to remain the incumbents after a majority of Cambria has protested the rates, they will have to change the way they conduct the business of the CCSD.

Next Monday is the first day to file to run for a position on the Board at the County Clerk’s Office in SLO. AboutCambria.com will be announcing candidates names as soon as we learn about them. Muril Clift has already confirmed he intends to file and run to keep the position he was appointed to last March. I doubt this site will scoop the intrepid Cambrian Reporter Kathe Tanner on candidates – since she’s asked me at least three times whether I intend to run and I have a feeling I’m not the only person she’s asked. What AboutCambria.com can do is provide more space than the newspaper can offer as well as the potential for a an ongoing discussion between candidates and Cambrians. This offer on AboutCambria.com is open to all candidates who have filed with the County Clerk. to any candidate who would like to introduce themselves to the community and to express their views. Contact Amanda at about cambria.com. My phone number is in the book.

* The Cambrian recently printed a story that the CCSD’s vehicle policy has been changed to reduce the expenditures the vehicles can incur. Thank you to those of you who initially brought this to the community’s attention – and to the CCSD for making the change. Let’s also recognize there are CCSD employees affected by the reduction of their car allowance and not being allowed to use district vehicles for their commute, employees that work hard and earn a decent living by keeping our community systems running. Let’s also be realistic: this change was likely a reaction to undervalued estimate for fuel in the 2 year budget. Look for an upcoming post on this topic.