Thursday, July 15, 2010

Using Existing Bond to Restore Tri-W Site: Not in County Counsel, Warren Jensen's Client's Best Interest

So, I found a copy of that "Site Restoration Bond" that I mentioned in my previous post, that SLO County officials required that the 2005 Los Osos CSD obtain prior to them grading the environmentally sensitive, mid-town Tri-W site, just days before the recall election -- an election that, fortunately, stopped the Tri-W disaster, permanently.

In it, it reads that the Los Osos CSD had "60 days" to do the restoration after "cessation of work," at the Tri-W site, HOWEVER, it goes on to state, "if the restoration work is not satisfactorily completed within the time set in paragraph 4, the county may elect to complete the same."

Yesterday, I asked, Paavo Ogren, SLO County Public Works Director, "Why hasn't the county cashed this bond in, and used it to restore the Tri-W site... long ago?"


"What's stopping the county from starting the restoration work now, like, today?"

The reply came from County Counsel, Warren Jensen:

"Mr. Crawford,

Mr. Ogren asked our office to respond to your questions about the restoration bond because we have previously analyzed it and corresponded with others about it. I have some other pressing things I need to do right now, but I will respond to your questions later today."

Jensen never got back to me "later" that day.

All I can assume, is that it is taking them longer than they expected to come up with some legalese-y way to get out of using that bond -- because Jensen is sworn to protect the interests of his clients, and Supervisor Bruce Gibson's Parks Commissioner is one of Jensen's clients, and it is faaaarrrr from her best interests that the county use that restoration bond.

If the county were to cash in that bond, it would show that county officials were right in 2005 -- that the 2005 LOCSD was engaging in HIGHLY risky behavior by ripping up the environmentally sensitive Tri-W site just days before a recall election that could (and did) stop the entire project.

Additionally, according to sources, the contractor that was signed to build the Tri-W treatment facility, Monterey Mechanical, was the company that put up the quarter million dollars worth of collateral, in the form of equipment, to even land that bond in the first place.

And Supervisor Bruce Gibson's Parks Commissioner's name shows up all over the place in connection with pre-recall election campaign material, urging Los Osos voters to defeat the recall, and build the now-failed Tri-W disaster, and, documents show, she is also on a first-name basis with the Tri-W project contractors, which means that her friends at Monterey Mechanical, would immediately be a quarter million dollars light on equipment, if that bond is cashed in.

So, it looks like it's beginning to shape up as usual: The county needs to make up an excuse on why they are not going to restore Tri-W, using the cash from that bond, because cashing in that bond wouldn't be in Jensen's client's -- Supervisor Bruce Gibson's Parks Commissioner -- best interest.

When I get that excuse, I'll post it.



  • I just thought of a fun idea.

    Considering that the ol'-standby legal excuses, like "not in our jurisdiction," or "the statute of limitations has expired," don't seem to apply in this case, maybe we could help out County Counsel's office by assisting them in their brain-storming session to come up with an excuse on why they won't cash that restoration bond (other than, "We can't use it, because that would violate my sworn duty to protect my clients.")

    Here's one:

    Considering that the bond can't be cashed until there was a "cessation of work" at the Tri-W site, they could just say something like, "Hey, the county's project calls for a pump station at the Tri-W site, therefore, there never... umm... technically, was a 'cessation of work' at the site. Out."

    Just tryin' to help.

    By Blogger Ron, at 10:33 AM, July 15, 2010  

  • 永遠不要躊躇伸出你的手。也永遠不要躊躇接受別人伸出的手。.................................................................

    By Anonymous Anonymous, at 7:16 AM, July 19, 2010  

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