Shit hits fan in Disco Bay
August 25, 2008
Residents of the Lakeshore Development in Discovery Bay are up to their necks in airborne feces while the Community Service Directors “pooh pooh” the problem. When a recent sewage spill took place July 17, it was reported as less than 10,000-gallon spill of raw sewage in the lake at Lakeshore. According to a resident of Discovery Bay, “There was no notice to the general community. The local paper only published what they were told by CSD and not the whole story. As time went on and more people started asking questions about public safety, the spill volume was finally admitted to be 50,000 gallons of raw sewage!” Worse, for six days sewage was spewing from fountains that sprayed crap out over the lake and residences. Residents were not properly notified to stay away from the contaminated water.
As of 8/14/08, residents are still attempting to get answers. According to participants of a recent CSD meeting, the Director, David Piepho casually told the audience it was no big deal, “this happens all the time,” in an attempt to downplay the spill. Unfortunately, according to one resident, “Testing levels turned over by the Water Board Investigator were off the charts. Signs were poorly placed with no effort to ensure that the residents were alerted to the hazardous situation. Residents wonder why the CSD continues apparently choose not to follow the rules and procedures, especially in its lax monthly reporting to State Water Quality agency whether or not there is a spill.
There is also a question as to whether the Regional Water Quality Control Board will agree with CSD determination that the district cannot be fined, as Marin’s Wastewater 200,000 gallon spill received a $1.5 Million fine for operator error.
Apparently, during the CSD meeting, the audience of residents from the scatalogically contaminated area got a series of excuses from BSD Staff; Mr. Koehene and Mr. Johnson offered a wide variety of excuses say those who attended: birds ran into a wire, programming error, faulty alarm, broken pump. Meanwhile dogs romped in the lake and shook off in the house, kids fished, children played while diphtheria was sprayed into the air. Meanwhile CSD played CYA. Lovely.
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22 Responses to “Shit hits fan in Disco Bay”
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Lots of spraying indeed, most of it right here in this column.
This one goes off-track with the picture(you got copyright permission, yes?) and goes downhill from there. I believe that is The Lakes shown, not Lakeshore as my house would be in that line of homes pictured if it were a valid photo from Lakeshore.
Rather than sourcing only Carol “I don’t really live in Discovery Bay” Jackson, did anyone think to fact check this just a little? Drop an email, pick up the phone maybe?
Let’s tally up:
- Incorrect spill date
- Fountains shut down at day 4, but at the cost of slowing the recovery period.
- I’m only aware of one resident within Lakeshore who complained(verified with the HOA Prez). Do you have names of others?
- 40k gallons(nitpicking, yes) within a 36 million gallon lake and no release into other bodies of water
- Randy Johnson of Southwest Water made the ‘common occurrence’ statement, not Piepho.
- Notice went up immediately as required by law. You need a current picture for proof they are still there? Could it have been more notice? Probably.
- Initial size estimate immediately made(also as required), then later revised upon further review. You’d think someone involved with a sanitation district would “get” the process involved.
- It’s a non-contact lake, people. Always has been. If you have dogs, kids or anybody else playing in it, I believe the HOA Board would like to know whom as a disciplinary advisement might be in order. Do you have the name of the person who let’s their dog swim in the lake(any lake), then trots them home so they can shake inside the house? Being this is a rip-rap lined lake, I find it hard to buy in the first place that a dog can even get to the water’s edge.
- Does Ms. Jackson have these claimed water testing results which were “off the charts”? I’d like to see them for my own edification.
- Regional Water will not agree with 4 of the DIrectors?? Ahh, the now patented and shameless “everybody but Dave Dove” speech? You guys are transparent. Of course you have this supposed statement from that agency with credits to the spokesperson, right?
- The resident I heard yelling loudest and longest over the issue is my little buddy Jeff B. who constantly pines for anything to put his finger in the eye of the CSD and specifically the Piephos over. For reference, his home is about 2 bus transfers and a day hike away from the spill site. So what’s with the feigned and over exaggerated concern?
- Finally, what is Ms. Jackson doing prodding along CSD Director Dove to bird dog this when she isn’t a member of the District? And what is Mr. Dove doing unnecessarily alarming his constituents while pandering to a non-resident?
Maybe time to have County Health weigh in here? Either they get after the CSD on the reporting or they ask some people to stop the scare tactics. Some of the principals behind this effort would probably show at a car accident and complain the CSD wasn’t cleaning the blood off the street fast enough. The situation out here has become that morbid and pathetic. Ms. Jackson works for the neighboring Byron Sanitation District, which has a long running feud with Discovery Bay over their own violations(can you say unlined cesspool? There, I thought you could) and I believe I can safely say hates the CSD and the Piephos with a passion. Some objective source of information you’ve got there.
Can we stop yelling fire in a crowded theater long enough to analyze what happened like adults and try to avoid a repeat? I believe it was pretty clearly stated a post mortem is underway and report to follow. Being on the windward side of this lake and immediately adjacent to it, rest assured there is no need for me to be outside spraying shit off the side of my house because that simply didn’t occur.
If this weren’t an opinion site and had to adhere to any degree of integrity and facts, you might have some folks considering slander. This is right on par with Martians fathering Angelina Jolie’s baby in the National Enquirer.
As someone who has been exposed to this health hazard, I have found the people in “charge” to be less than concerned about the events that have taken place due to this sewage spill. There has been so much minimizing of the issue and total lack of proper communication that it has left me utterly frustrated and completely untrusting of the CSD, Lakeshore HOA and Southwest water. I would really like to know how the individuals in “charge” would feel if this happened in their backyards, if their children were exposed to this disgusting matter. I realize that “accidents” happen but treating people with utter disregard and disrespect is unaccepable. This is the type of treatment I have received, no empathy and no apologies, only a condescending and “matter of fact” type of attitude. In other words, we are the ones in charge, so just deal with what has happened and go away.” WHERE is the concern for my family, what if something is wrong? Guess we just have to wait for test results and hope we are not sick from this type of exposure. WHERE is the accountability??? This type of behavior is downright criminal and needs to be put to a stop.
I think the focus should be on the feces not on throwing more feces at people. This type of flying turd occurance is unacceptable and should not be tolerated. There are suppose to be so many checks and balances in place that this type of situation should not occure or if so by act of god be immediately corrected to protect public health. Flying feces can not only pass on hepititas but several other infectous deseases. Disco Bay needs to gets it’s Sh…T Together.
P.S. Grow up people and step to up to the plate. All this childish behavior from the wanna be rich and famous is pretty sad.
Pseudonym Re-dated has a problem with reality. Making accusations that make no sense to divert the issue the resident has been complaining about. The was residents complainting said they could not find anyone to call about the situation or the calls they made were not returned. This idiot needs to step back and stop making up stuff and throwing out false accusations. Attempting to drag another agency and another person into something they have nothing to do with and trying to accuse someboy else is typical of the that sideways Mankin-Piepho mentality. This guy acts like he knows what he speaks about and does not have a clue, let alone have in creditability. Speaking out of the wrong end of the torso is his speciality. Just like the CSD Directors no concern for the people that could of been exposed to the raw sewage. Just ready to spout off his mouth to blame something on others instead of the people that were not concerned about the public’s health and handled the situation incorrectly. BGR should not allow this guy spew his uglyness if he continues to make false claims . This guy has his own agenda instead trying to find out the real information. His attempts to bring politics into this is ridculious and shows he has his own agenda. Perhaps we should identify him as Mr. Brown nose.
I feel that all you “political freaks” need to shut up. If there is’nt anything wrong, why is everyone so defensive? My doctor is in contact with the Contra Costa Health department and he is running a list of tests on me. I feel I should not have to go through this and this all sounds like a cover up to me. Believe you me, I WILL get to the bottom of this and hopefully put a stop to all the bickering. Again, why so much trouble if “nothing is wrong?” Why don’t all of you who have nothing to do with this, just BUTT OUT AND MIND YOUR OWN BUSINESS! Do you not have anything better to do? Let us residents who are truly being affected by this, get things taken care of. If this does not directly affect you or your health, step to the curb!!!!!!!!!!!!!!!!
The fact is that DBCSD is not compliant with the State Water Resources Board Order, did not report the spill timely or properly, has done a terrible job in responding to the public’s concerns, and have in the past incurred substantial fines.
It does not matter if the person who brings this problem to light is a concerned citizen, someone with a vendetta, a non resident, or a Piepho hater or supporter. It does not matter if the picture is trademarked or copywrited. Those statements are only made to divert attention and diminish the facts.
The facts remain the same. DBCSD did not follow the Order for monthly reporting, did not properly report the spill, did not contact the proper people or experts to assist them with the assessment and control of the situation, and discounted the people’s concern for safety. The “hide the ball” feeling everyone is getting is not an illusion, and the remaining facts as to who knew what and when will eventually come out.
There are several people, including a dog have been ill, and if there is a link between this and the spill there will be hell to pay, and it will affect every taxpayer in this community. This is not just a Lakeshore problem, everyone is concerned and can be affected by the decisions and actions (or lack thereof) made by the people involved.
Just for the record though, Carol Jackson does own property in Discovery Bay with me and as such, has every right to voice her concerns as does every other property owner or resident.
Some friends told me there was a guy that can hardly read and write on BGR’s website throwing Jackson’s name in vain on behalf of an idiocy crusade to try and defend the CSD from their bludering ability to contain a spill of raw sewage and specifically notify the public properly. As for your comment Carol “I don’t really live in Discovery Bay, only shows you are not real smart and very obtuse. She has lived in Discovery Bay since 1981 long before your home in Lakeshore was a twinkle in Hofmann’s eye. I happen to know she owns more property in Discovery Bay and around the area individually and with associates than you could probably even think of owning. She has a huge vested interest in Discovery Bay. Since it sounds like you are not quite smart enough to comprehend the primary complaint at the CSD meeting which was the lack of returned phone calls and answers to questions the people in charge did not have answers for did fall on deaf ears which is disgraceful to treat anyone who is concerned about the health of thier child and themselves.. All the woman wanted the CSD to do was turn off the sprinklers that was sending the raw sewage airborne. Only one of the representatives cared whether this citizen should have received information. Certainly you didn’t . Please next time there is a spill and the sprayers are on please bring your kid to play on the lawn under the sprinklers. As for the one person that should have been responsive to the resident was the President of the HOA. who had absolutely NO experience in this matter to give out any advice . However the last thing he should be doing is using vulgar language at a resident for receiving a call from the household that was concerned about the raw sewage coming out the sprinklers and into the air. More conflcting information was given out by Mr. Johnson who told her the sprinklers should not be on and to stay away, close your doors, windows and keep children away from the sprayers or water. Since it sounds as if you have difficulty counting, we will call the 6 days 4 days for the sake of you being able to comprehend the discussion. Not to turn the sprinklers off after 4 days was 4 days too long to continue to airborne the sewage. Well Mr. Coward (I say that because you hide behind a phoney handle and refuse to give your real name after making statements you have no knowledge of) if you didn’t think there was anything wrong with the airborne particles why weren’t you and your kid standing under the sprinkler with your mouth wide open? You really could have proven a point there. Your aren’t aware of any complaints from anyone in Lakeshore because you are not important or certainly not qualified enough to receive complaints or deal with any of this situation. As for accusing Carol Jackson of being part of the hate Piepho fan club not sure what qualifies you to know her well enough to know whether she hates them or not. . Never have heard her speak that word about Piepho so sounds like you are making some of this up, as ignorant people do when they have no facts or proof. As for your lunacy of say ing Jeff B was yelling goes further to your crackpot theories. Jeff spoke about how he wanted a committee (non bias) to review how the District re-acted and fix what everyone is complaining about not notifying the citizens properly and being properly prepared for the next spill. Remember Randy says this happens all the time. Wouldn’t it be a good idea to know how to handle next time? I don’t believe you could understand that as it would take an educated person like Jeff to comprehend that theory. And by the way I believe the County Heatlh Department is already involved. Hopefully no one will be effected.
Response to Pseudonym Redacted
First off, nitpicking about the picture being the Lakes as opposed to Lakeshore, who really cares?
Second, why you are naming Carol Jackson? She did not leak the raw sewage into the Lakeshore lake, is that a diversion tactic? Who cares if she does or does not live in Discovery Bay, that is totally irrelevant.
Let me correct your “tally” of the events you think you know about
Per the Regional Water Quality Control Board, (RWQCB) investigator, the spill took place on 07-17-08, not 07-18-08. It was not reported until 07-18-08, as that was when it was “discovered” by a maintenance worker. Therefore, you are misinformed, as are most of the residents of Lakeshore
Fountains were left running from 07-17-08 until 07-24-08, do the math, that is more than 4 days, also note that the CSD and HOA were informed that they should not have been on as they made the raw sewage particles airborne
You are only aware of one resident complaining, did you think that perhaps that was a result of people not being properly informed and why does it matter if it is one or several, does that make it any less valid?
40,000 gallons is a lot, a category 1 spill which must be reported as per RWQCB, is anything over 1,000 gallons, regardless of the amount of water present in the body of water in which it happens. Reference the Richardson Bay spill in Marin, it was 200,000 gallons in A LOT of water but it is still an outrage. Sewage belongs underground, not in lakes, bays etc. Also, if it was spilled into 37+ million gallons, why was the culvert area the ONLY area with the 5 signs posted??? Think about that one…
I witnessed Mr. Piepho state that these things happen, perhaps Mr. Johnson echoed that, so it did come out of his mouth
You state notice went up immediately, you once again are wrong. Even your infomation source, (HOA Prez) keeps stating the signs went up right away on Monday July 07-21-08, that is ironic because if the first time anyone “noticed” the spill was on 07-18-08, he has his dates wrong. In actuality no signs were present until 07-20-08, two days AFTER the first report to Office of Emergency Services (OES). You can go to the state’s OES website and see the intial report for yourself. This is also part of what is being investigated by the RWQCB
No one has come out and openly disclosed what the amount of the spill was, as they STILL do not know exactly, It was 5,000, then 10,000 then 40-50,000, now perhaps 26,000 gallons. What does matter is that RAW sewage was in the lake period and there are several people who have been sick since this incident, something you are not aware of and are not affected by towards the middle of the lake, lucky you! Also, sounds like you live away from the culvert area, as that was the only fountain that was left on, spraying all the sewage particles up into the air.
Since you bring up it being a NO contact lake, perhaps a protective barrier, such as a fence should be around the perimeter to safeguard little ones and pets from going in or fishing as they have. You are quick to want to pass out disciplinary action, are you going to give a little child or an animal a ticket? Perhaps you are without children or pets and don’t realize that they are capable of “breaking” rules they are not aware of.
I am in receipt of the intial report from the lake sample on 07-18-08, it is not pleasant, the amount of Coliform bacteria is, “off the charts,” the exact words out of the mouth of the RWQCB investigator. The maximum daily allowed amount at a treatment facility is 500/mpn/100ml, the results were in the 5,000-7,000 mpn/100ml. This infomation is something the public has access to, perhaps you should make a few phone calls, drop a few emails or spend the majority of your day trying to get needed information to find out how to protect your family and then speak to the things you KNOW, not speculate about
Why you are bringing up Dave Dove is beyond me. He was the only person who even seemed remotely concerned about this egregious incident and I have NEVER met the man before. Sounds like another diversion tactic. Let the RWQCB do their findings and we will see who they do and do not “agree” with
Perhaps Jeff B. is tired of people covering things up and not properly handling the issues they are paid to handle. Once again you are trying to drag people’s name through the mud. Who are YOU trying to defend? Why are you defending other people and not them defending themselves. People are entitled to not like others, that is just life. Seems he is just a concerned citizen, that is his right
Once again you cite Ms. Jackson, sounds like you have it out for her and Dave Dove, why is this? It is as though you think they orchestrated this whole fiasco, get real!
Lastly, this incident started out as an accident. Things malfunction, such is life but the problem is in how things were not handled properly and the “oh we will do better next time” attitude. If one is good at managing things, as the people “in charge” are hired to do, perhaps this incident could have been kept at bay. Unfortunately, that is not what happened and when there is even the appearance of things being covered up, that is when trouble begins. Now people are sick, suspicious, frustrated and angry. You cannot rule out that this spill did not cause this. as I have asked, if there is no potential risk put it in writing. This has not happened and will not because the people “in charge,” simply do not know.
Since my name is being slammed all over this website I would like to respond to some of this stuff. It is my understanding that Virgil Koehene is trying to blame me for this editor’s articles on the spill in Lakeshore. Sorry Virgil you don’t get a “get out of jail free” card from me. The editor did call me and confirm Discovery Bay had a spill. He had more information (public documents, may I add) than I could have possibly supplied that pretty much summed up the entire story. As for Virgil accusing me of conspiring with the complaintant, that could not be farther from the truth. I have never met her or knew she even existed until the evening she spoke to file a complaint with CSD about not notifying the public. I was appauled at the reaction of the Board toward her complaint. As for that previous idiot claiming I do not live in Discovery Bay, I have lived there longer than anyone on the CSD Board, including Virgil. I own properties there whether they like it or not and have every right to make comment on any incompentent action by this CSD. The DBCSD is it’s own worst enemy because they continue to refuse to be transparent to the public about issues that effect everyone of our lives in the community. So please do not try and drag me into you errors.
You know you live in a privileged community when this obvious accident creates such hoopla.
I guess it’s true. Shit happens.
I have such a difficult time tying to understand why ANYONE would think about listening to this Mankin dude from Lakeshore. It is difficult to take him serious when you talk with him. The man has no experience, background or education in wastewater to advise people. For that matter anything else. This guy gives adivce and makes statements that are totally incorrect and out there. I guess we should call him St. Mankin as he pretends to be the savior for the CSD’s errors and is like a one armed paper hanger trying to clean up the mess they create for themself. Just listen to him ramble on any blog he can find that will let him sign in Please people Mankin is has no creditability so don’t waste your time listening to him rambling because he has nothing else to do accept be the but man for the CSD. The man is a coward because he refuses to post his real name to anything and arbitrarily puts out other peoples names on the blogs to try discredit them and make himself look like he knows what he is talking about. This bafoon absolutely makes no common sense. I believe he refers to himself as the next Pope.
Now that was a bit harsh, don’t you think? As everyone is entitled to their own opinion, let’s try to maintain a little good sportsmanship. It’s one thing to toss out a “challenge” or a “tease”, but that was just vulgar and rude. Is it really too much to ask to live in a community where folks can actually debate an issue like decent human beings? With attitudes like this, is it any wonder the local school district has to have a cop on campus at the elementary and middle school level? If you’re really interested in helping your community, wait until the final report comes out ( probably within a week) and then give your thoughts and opinions. Unfortunately these types of accidents happen throughout the world, not just Disco. Bay, and we should use these experiences to find out how we can better protect ourselves, and what changes (if any) we would make if anything like this were to happen again. Take a look at the bigger picture- we all have to live here together, how can we work together to make a safer and better community for us all?
Jen sounds like she’s ordering a nonfat decaf latte, also known at Starbucks as
“a whole lot of nuthin”
Disco Bay’s Piepho acolytes sound like Republicans talkin about Katrina
fma
I guess you really can’t help those who can’t help themselves.
It was said two weeks ago that at the fist CSD meeting in September the official report on the incident would be presented. I looked at the agenda for the 9-3-08 meeting and there is not one word about a sewage spill report. I am a Lakeshore resident who is waiting for the report to make up my mind as to how I feel on this issue. But now what am I to think? Can anyone help me understand why this issue is not on the agenda as promised by the GM? For gosh sakes this happened in July and now it is September and only dribs and drabs of seemingly suspect information has been released. I listened at the last meeting and every bit of relevant information had to be extracted from the GM and the contractor. They offered almost nothing until the audience started questioning them. I still have an open mind on this topic but with behavior like that and hardly any interest or urgency on the part of the elected officials it is getting hard to stay neutral. So someone please tell me why no report on the this agenda.
Mike
Can you spell Piepho cover up?
You don’t get it yet, Mike…
The reason this issue isn’t on the agenda is because they don’t want to discuss the facts but instead send out Piepho flaks like Jen and Psuedonym Redacted to deflect and tell you “everything is OK and shit happens, don’t worry, and if you do ask questions, shame on you.”
I attended a BBQ in my neighborhood yesterday and I there was definitely a level of concern. Not so much regarding the state of our lake because so much time has passed but more about the lack of information and the fact that we just did not know about the situation. I’d say that most people I know have already concluded that the HOA and the residents who have been quoted in the paper are trying to hide something. When I mentioned that the sewage supposedly ran all night and was discovered by gardeners, nobody believed me that a gross failure to that magnitude could happen. Last week there was a radio report about a 1,000 gallon spill from a ship into SF Bay, seems like ours was much worse. I understand that many are already mad at the local government for all sorts of reasons and this makes them even more suspect. Although I still have an open mind, given what the GM said the fact that nothing is on the agenda has me worried. If they are not going to give a complete report or are attempting to bury it at the end of the meeting again that is just not going to give anyone confidence.
Mike
You should be concerned. There has been a big cover-up going on. The HOA had “spill update” listed on their meeting agenda but there was no mention of anything about the spill in the newsletter that just came out. It has been mentioned in several places that only one Lakeshore resident has complained, perhaps more residents should be involved.
If there is nothing to hide, why are the “powers that be” hiding things? People really need to think about what is going on and get involved in getting the answers.
We know that there was a sewage spill and we know that the State Water Quality Board is investigating. When the report comes out we will find out all the facts.
Unfortunately, for residents of Discovery Bay it takes an investigation by a state agency to get to the truth of what happened. The issues here are: 1) board accountability and 2) honest communication with the community. These have been ongoing issues of concern with the current CSD board.
November 8, we will have an opportunity to elect two new CSD board members.
Who is running:
Bob Doran, who has been on the board for 10 years, is running again. If you look at his record, he supports whatever David Piepho supports and votes with Piepho everytime. Bob was recently quoted in the paper as saying “it is cheaper to pay the fines that fix the problems”. Wow! While Bob has given 10 years of service to his community it is time for him to go, and elect new independent thinkers who are not tied to the Piepho’s.
Jennifer Finetti is a newcomer from the Lakeshore Community. She is endorsed by David and Mary Piepho, Bob Mankin, and the ususal Piepho crowd. She wants to improve the relationship with the CSD Board and our schools. I wasn’t aware there was a problem. And, the board has no jurisdiction or input on school issues. Interesting platform.
Ray Tetreault and Mark Simon are also running for CSD. Ray and Mark are long time residents of Discovery Bay and are committed to set a clear defined direction for our community, bring accountability and open communication to the board. They will be proactive in working to improve communication and listen to the needs of the entire community. They will govern within the latent powers of the CSD board which are: sewer, water and recreation. The board provides input to other jurisdicational bodies, such as, police, fire and education but have no power on these issues.
I would strongly suggest that if you are unhappy with the current board, please take a good look at Mark and Ray. CHANGE IS NEEDED NOW!!
The letter below from Bill Richardson that appeared in the Antioch Press on Sunday has cinched it for me. I’ve seen enough. I see what people here mean now when they talk about the deflection and deception of the ruling “elite” of the CSD.
Obviously there’s a gang of people in Discovery Bay that think they are so important they have forgotten what it means to be public servants, and that they can play by their own rules.
If any of what Richardson says (below) is true, then two things need to happen:
1. Citizens of Discovery Bay should call for an FBI investigation. If the FBI can look into Nepotism in Oakland City Hall, then they can look into critical Brown Act violations by DBCSD knowing the County, under the thumb of Queen Mary, would thwart or cover up any investigation by Grand Jury. It’s time for the RICO ACT, people.
2. Vote the bums and Piepho sock puppets out Nov 4, and take back Discovery Bay the wannabe dictators.
http://www.antiochpress.com/article.cfm?articleID=20222
Accusers should focus on content of complaints
Published 08/21/2008 - 11:22 a.m. PDT
Editor:
Missing entirely from all the current hype about my letters and the lawsuit is the content of both.
Director Piepho chose to exaggerate the quantity of letters written in 2007-08 to 100 letters without mentioning content at all. Actually there were 60 letters. Why would he exaggerate by such a large amount? Why, indeed?
I provided guest commenter Bob Mankin with copies of the legal documents, signed by me under penalty of perjury, which identified the content of the lawsuit so he would have the facts as I saw them, and we could discuss them. Instead, he chose to count the pages accurately, but quoted the content inaccurately.
The meeting Mr. Kier and I had with Mr. Mankin was to specifically identify details of claims made in the April 25, 2008 Preserve Discovery Bay letter written to the Townspeople about supposed misconduct by attendees at CSD meetings. He could provide none, because there are none.
That is a fabrication. As for accusations against me, the last time I spoke in a CSD meeting was Feb. 11, 2007 where I learned my lesson by being browbeaten by Mr. Piepho. It is useless to speak.
Mr. Mankin’s revelation at our meeting with Mr. Kier that neither he nor the other three signatories to the April 25 letter (Mixon Paulson, Welch) authored it, mailed it, etc., came as a big shock. I thought the letter represented that it was theirs, and they were the founders/leaders of Preserve Discovery Bay. If they are not, who is? Coincidentally, my lawsuit addresses that same lack of transparency in the way CSD conducts Town business. Birds of a feather …?
Personal attacks and demonization to silence critics, such as my being called a “griper,” “screamer,” “cowardly” and being invited to leave town, etc., is also addressed in my lawsuit as a method and tactic used by CSD, which violates the opening Policy Declaration in the Brown Act. It very succinctly describes how CSD should conduct itself and is worth reading. It’s too long to repeat here.
Of greatest significance is the content of the lawsuit, which never is discussed. Just three examples follow, due to lack of space here. By way of background, my objective with the lawsuit and letters is simple: CSD Board, just obey the law. I want no money or any change in past decisions. How hard is that? And so much for the “my way or the highway” drumbeat.
1. Community Services District law, and the board’s own policy, requires that action by the board be only by “motion, resolution or ordinance”; that is, by a vote. Examples of CSD violations of that law, and its own policy, include CSD’s letter to the Board of Supervisors regarding the No-Ski/Tow zone, the ZIP Code event, and much more.
2. The TODB CSD routinely, even to date, manipulates and sanitizes its meeting minutes from what is actually recorded on the meeting tapes. That conceals from the townspeople anything critical of CSD. There are many documented examples.
3. The Brown Act requires that town business be conducted openly in meetings where timely notice and agenda have been provided to the people. Just one example of a serious violation is the ZIP Code event. I have no objection to the event itself. I have strenuously objected to the secret manner in which it was done.
Between its inception and the event itself, CSD held three regular CSD Board meetings (and two special CSD Board meetings on the No-Ski/Tow matter). The ZIP Code event was never discussed openly in any board meeting in order for the townspeople to be informed and allowed to participate in a discussion of the event.
During the planning, and when the costs were incurred, there were no funds available to pay for this event. Two months after the event occurred, the Board of Supervisors made available to the people of Discovery Bay Keller Canyon Funds in the amount of $5,000 to be used as approved by the BOS; $3,426.07 of the $5,000 was eventually used to pay the costs previously incurred for this event.
In a board meeting, long after the event, in response to questions by Director Dove, the general manager stated that Mr. Piepho, president at the time, at the outset of planning, identified Keller Canyon Funds as the source of funding for the event. Mr. Koehne also said that two (unidentified) board members were appointed by some (unidentified) person to represent the entire board to plan and execute this event outside of any open board meetings.
Now CSD stubbornly refuses to identify who appointed the two directors, and who the directors were, for me and Director Dove! For what possible reason would CSD hold that information secret? To provoke letters and a lawsuit?
It is CSD’s conduct that has caused the letters and the lawsuit. This lack of transparency and clear violations of the law are just some of the content of my letters and the lawsuit. I will not tolerate this kind of conduct. Will you?
Mr. Mankin’s letter, like most letters critical of my letters and lawsuit, is too full of errors to address them all. Indeed, they do not deserve being dignified by a response. However, one of his errors must be addressed.
He erroneously says of me, “Twice a judge has not agreed with him …” The truth is, it is difficult for an individual to have “standing” to sue a public body. My first lawsuit was too personal about my home’s plumbing, so I withdrew it. The judge never acted upon it. CSD asked the judge to throw out my second attempt, by a demurrer, and the judge said that he would do so unless I amended it. The judge was right.
I did amend the second lawsuit to the current one, for “declaratory relief.” Simply put, that means that I say to the court “I believe the law says ‘this’ and CSD says the law says ‘that.’ Your honor, tell us who is right.”
CSD again filed a demurrer to have the declaratory relief action thrown out. The Superior Court judge denied CSD’s request and said the following in its final ruling denying the demurrer: “… a present controversy exists as to whether it is the policy of the Board (1) not to vote on matters before them that require votes (2) not to properly record actions taken by the Board, and (3) not to deliberate openly.” Trial is set for Nov. 10, 2008.
I have no idea where Mr. Mankin got his “facts” from, but getting them accurate was the reason I sent him all those pages. That was to no avail.
In addition, all those misguided critics of my actions should now change their mantra. They have said the matters at issue are just my own errant opinions. A Superior Court judge heard my best arguments, CSD’s best arguments, and decided that there is a controversy deserving to be heard in his courtroom. It is no longer just my opinion.
For more than a year, four of the CSD Board members could have joined Director Dove in agreeing with my numerous offers to meet and settle this matter. They steadfastly refuse, apparently to save face and/or reserve their “right” to violate the law. They have wasted $79,291.16 to date, with no end in sight. Mr. Piepho, how about a “study” of that?
Regarding this latest “study” of everyone’s correspondence, Mr. Piepho has, on the record, intentionally exaggerated the number of letters, and CSD is intentionally manipulative of many things. Can CSD be trusted to produce anything reliable or credible in its “study”? Not likely.
CSD stubbornly will not enter negotiations to stop the waste of scarce tax money, so I have initiated a Summary Judgment Motion to stop the waste. I have limited the motion to the one issue of voting to increase its chances for success. Stay tuned, but please do not depend upon Mr. Mankin’s reports on it.
I have been, and will continue, exerting every effort at the ballot box this coming Nov. 4 to add other citizens on the board, like Director Dove, who are committed to obeying the law in the best interest of Discovery Bay. That includes a future recall.
I never speak for anyone except myself. I would welcome hearing from anyone.
Bill Richardson
Discovery Bay
“Forget it, Jake. It’s Chinatown.”
It’s all about the water.
As I read this blog, one thing comes to mind. The CSD board works for the residents of Discovery Bay and their primary function, is to represent us in a manner that best suits our needs and well being. I try to attend CSD meetings when I can and I have always noticed that no matter what the issue seems to be, it becomes the board against the residents. There is a simple way to rectify this problem. On November 4, 2008, go to the polls and let the board know that we have reclaimed our community, by replacing Bob Doran and Patty Knight with two board members who will consider our best interests when making decisions.
I’ve never understood why people who have a choice, choose to continue on with a system that obviously isn’t working. Stop sitting on your hands and speak up while you have the chance. Keep one thing in mind, all the current board needs to do is retain one of the two seats to keep its present power. You have four choices at your fingertips. One is a current board member and staunch Piepho supporter, one is sponsered by the current board including Mary Piepho and two others, who are independant with no ties to the current board. This one sounds like a no brainer to me. Stop complaining and do something about it now.