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Mendocino County Today: July 30, 2013

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Hwy20AccidentSceneTHAT LETHAL FIVE-CAR pile-up on Highway 20 near the Potter Valley turn-off? Captain Randy Johnson of the Mendocino County Sheriff’s Department kicked it off when he stopped to make a left turn into his private, unmarked driveway across a double yellow line when an oncoming driver rear-ended him, thus setting off a series of collisions resulting in the death of the driver of one of the vehicles involved. It will be interesting to see how the CHP assesses this one. Some lawyer is likely to get rich off the inevitable wrongful death claim.

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A READER CLAIMS that the novelist Paul Theroux once said that the New York Times would never print the words “stink” and “maricon.” But, the reader exults, “Now they went and did it,” citing the story in a last week’s Times called “Manhood Challenged, Boxer Unleashed Fatal Barrage, and Lived With Regret,” a kind of obituary for Emile Griffith.

GriffithvParetAS A KID, I never missed the televised fights on Wednesday and Saturday nights brought to us by Gillette Blue Blades. I think the fights were among the most popular shows on early television. Carmen Basilio! Jersey Joe Walcott! Sugar Ray Robinson! Jake LaMotta! Rocky Marciano! That was the Golden Age of the sport. I certainly remember the Griffith-Paret fight. Everyone who saw it probably remembers it because Griffith had Paret helpless on the ropes and, as I recall the awful scene, by the time the referee pulled him off Paret, Paret was probably dead. The Times said that Griffith hit Paret 17 times in five seconds, 24 times without a single counterpunch from Paret. Norman Mailer had it perfectly: “The right hand whipping like a piston rod which has broken through the crankcase, or like a baseball bat demolishing a pumpkin.” It seemed to take forever for the ref to react, and by the time he did, Benny “The Kid” Paret was gone; he died a few days later. Paret, during the weigh-in, had called Griffith a “maricon,” the Spanish equivalent of fag, a fatal insult as it developed. Griffith was gay, and always denied he was out to kill Paret, but if you ever see the film of that terrible event (or the excellent documentary from a few years ago which includes the film and the dramatic aftermath, “Ring of Fire”), Griffith, you’ll see, was out for permanent revenge.

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DEAR BRUCE, “As you may know, the State of California is in the process of moving all 875,000 Healthy Families children to Medi-Cal in phases. All 1,796 Mendocino children in the Healthy Families Program are scheduled to move this Thursday, August 1. Because their current health plan (Anthem Blue Cross) does not participate in Medi-Cal, children will be enrolled in a new health plan, Partnership Health Plan…” And so on. (Michele Stillwell-Parvensky, “Mendocino County Healthy Families Children Move To Medi-Cal This Thursday”)

DEAR MICHELE, As a senior citizen unknown to you, nor you to me, I’d prefer that you call me Mr. Anderson. It’s only seemly since I’m at least three times your age. As for the 1,796 doomed children of Mendocino County being shunted from one marginal and mostly non-existent healthcare program to another, and with the largest healthcare fraud in human history coming up with ObamaCare, well, what we really need at this point is a revolution if millions of American children are going to have even a longshot chance at a decent life.

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THE ART COLLECTOR. Twice last week, a forlorn sixty-ish woman appeared at my Frisco door, suitcases in hand. “Is Mr. Anderson the art collector in?” she asked in a British accent. My wife, suppressing a laugh, said that there was indeed a man by that name living at this address, but he could hardly be described as an “art collector.” The English woman shuffled off into the summer fog. But showed up again the next day to ask my wife, “Do you know of a place I might stay?” She was an apparently respectable person, not, in any obvious way, one of the small army of roving mental cases loose in San Francisco. My wife offered the usual menu of unappealing options: city-run shelters, Glide, and so on, none of them suitable for a person unlikely to do well in tough places with tough people. I would have liked to have known what disaster, or series of disasters, had made the English woman homeless, but with that kind of curiosity also come the existential bogeymen: “If I ask what happened the next step is an obligation to help somehow.” Then come the excuses: “I’m a person of ordinary means. My place is barely big enough for me and the little woman. We couldn’t possibly take on another person. The government’s supposed to help out. Where is it?” The government, of course, has abdicated, and charity is stretched to the limit. There’s not only no room at the inn, there’s no inn.

ANYBODY who walks around the city can’t help but see that there are lots of people living as they can, often in their vehicles, ashamed of their circumstances but still trying to lift themselves up and out. And every day we’re told by the television hairdoos that the “Economy has turned the corner. The recovery is weak but we’re headed in the right direction.” If a downward plummet is the right direction, we’re on the way. No doubt about it.

THE ENGLISH WOMAN hasn’t returned. I have no idea how she got onto me, but we’re still thinking about her a week later. That kind of thing is unsettling, isn’t it? Her odd visit got me wondering if my art collection added up to anything grand enough to be called a collection. I’ve got a few paintings by friends, a Crumb miniature of Devil Girl, some old commie prints, and a World War Two artifact I bought years ago at a Ukiah garage sale. In a time of dire need a few years ago, one of many over a long, impecunious life, I took this object to an appraiser. He offered an on-the-spot grand for it. “A one-of-a-kinder,” the appraiser said, “and very nicely done.” Which caused me to keep it. My aesthetic had been officially validated!

YOU’D HAVE TO SEE this thing to appreciate it, but the instant I spotted it in that Ukiah backyard with a twenty dollar price tag on it I couldn’t believe my good fortune. I pounced. The garage saler was an elderly woman who explained that her late husband had served in the occupation of Japan immediately after World War Two. He’d brought it home with him from Yokohama. Judging from the other art she had on sale, she was heavy into unicorns and chipmunk paintings which, come to think of it, do seem ubiquitous art forms in our County seat. I remember her saying, “I never liked the thing. I made him hang it out in the garage.” I look at it all the time, and it endlessly rewards my attention because it’s so intricately done, so sad in its desperate tribute to Japan’s conquerors. I imagine the old Ukiah guy making a special trip out to his garage to gaze at his prize, geisha memories warming him all the years after the biggest events of his life.

SO, BIG BOY, what are we talking about here? We’re talking about a tableau recreating the appearance of a triumphant American destroyer in Yokahama harbor set in a mahogany frame that was probably once home to some other iconic item. It’s about six inches deep, two feet long, a foot high. The frame is embossed with Japanese characters which remain untranslated. Inside the frame is a plastic mini-replica of a destroyer with gray human hair serving as smokestack smoke, behind which the artist has meticulously painted in bright colors his hillside home town and, beyond, Mount Fuji. The whole of it is vaguely reminiscent of Grandma Moses and some Haitian street art I’ve seen. The Japanese, like the Germans, eked out existences as best they could in those first grim years after the war their leaders brought on, and I’ve always assumed my prized possession was made by a man surviving however he could.

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JENNIFER POOLE WRITES: “In ‘Forest fire smoke here to stay,’ a story posted on the Klamath Falls newspaper website this afternoon, an Oregon metereologist is quoted as saying: “Smoke is not an easy thing to forecast, but you should bet that a lot of the rest of the summer will be smokey across Southern Oregon and Northern California.” Smoke from the Southern Oregon fires is heavy because it’s burning in heavily forested areas…. Thanks to Sheriff Allman and to Lake County News for their posts.”

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TAX SHARING: UKIAH VS. THE COUNTY (Only the most intrepid will dare try to make sense of all this, but here it is.)

THE DRAFT LETTER inviting DDR to develop the old Masonite site with a Costco big box store on this Tuesday’s Board of Supervisors agenda has caused quite a stir and is bouncing around Ukiah like a beach ball. Here’s a collection of comments posted on Monday concluded by Supervisor John McCowen.

Tuesday, Timed agenda item: 9:10am: Approval of Letter to Northwest Atlantic (Real Estate Services) and DDR Corp. to Facilitate a Meeting to Revisit the DDR Property as a Potential Site for a New Retail Store

6. Board of Supervisors And Miscellaneous

(a) Supervisors’ Reports Regarding Board Special Assignments, Standing and Ad Hoc Committee Meetings, and Other Items of General Interest

(b) Approval of Letter to Northwest Atlantic (Real Estate Services) and DDR Corp. to Facilitate a Meeting to Revisit the DDR Property as a Potential Site for a New Retail Store (Sponsor: Supervisor Pinches)

Recommended Action/Motion: Approve the letter to Northwest Atlantic (Real Estate Services) and DDR Corp.’s Development Division to arrange a meeting between the two parties and the County to revisit the potential use of the DDR property as a location for a new retail store.

MARY ANNE MILLER WRITES:

Does anyone understand what game is being played here? The County now wants Costco in the DDR property? What about the City Of Ukiah that has been plugging along trying to put a big box store on their property in the Airport industrial park? I thought an EIR was about to be published (August) on Costco on the property that the Council purchased for that express purpose. Looks like some kind of a “con” game that’s beyond bizarre. Or am I just too unconnected to get it? Please explain if you have a clue.

JOE LOUIS WILDMAN WRITES:

I oppose this but the city staff is screwing up a reasonable tax sharing agreement and this is fall-out.

SUPERVISOR JOHN MCCOWEN WRITES:

Hi, Everyone,

The letter in question has been placed on the agenda at the request of Supervisor Pinches, who, like any Supervisor, has a right to agendize items for discussion. I do not support sending the letter, for several reasons, but I do agree with Joe Louis Wildman, who has succinctly summed up what is really going on here: “…the city [is not moving forward with] a reasonable tax sharing agreement and this is the fallout.”

Instead of showing up at 9am Tuesday to berate the Board of Supervisors, people who are concerned with the future of land use planning in the Ukiah Valley should show up at the Ukiah City Council special meeting on Monday, July 29th at 5:30pm for the Tax Sharing Workshop and encourage the City to reach an equitable tax sharing agreement with the County. The city simply can not insist on keeping the lion’s share of future revenue to itself and also expect that the county will sit on the sidelines indefinitely and make no effort to compete for future sales tax revenue.

During the Ukiah Valley Area Plan process the Board of Supervisors made several key decisions regarding Land Use Map Changes for the Ukiah Valley. The Board voted to retain industrial zoning at the Masonite site; retain agricultural zoning at Lover’s Lane; and zone the Brush Street Triangle for mixed use. These decisions were consistent in every respect with the recommendations of the Ukiah City Council. These decisions were also predicated on the understanding that it was a necessity for the city and county to agree on an equitable tax sharing agreement.

A tax sharing agreement is necessary so that the county is not penalized for upholding the principle that urban scale development, where feasible, should take place within the city limits. The City and County have been in the process of negotiating a tax sharing agreement for several years. When it looked like Costco would go in at Masonite (which truly was their preferred location) the City was very eager to negotiate a tax sharing agreement. Now that Costco is slated to locate inside the city limits, there does not seem to be any sense of urgency by the City to reach an agreement. But reaching a tax sharing agreement is arguably the only viable way to lock in the current land use policies of the County, which are subject to change by three votes. I do not think there are three votes now, but if the City sticks to its current position on tax sharing, it is only a matter of time. And that time may come sooner rather than later.

The City and County ad hoc committees for tax sharing last met on December 17 along with legal and administrative staff. The County went into the meeting intending to resolve the one remaining sticking point, the “make whole” concept, which was intended to insure that one jurisdiction would not drop below the agreed upon “base year” revenue. At that meeting, the City backed away from four additional major points that had been under agreement for as long as six years, including:

1) that a master tax sharing agreement was preferred;

2) that the area subject to sharing would be the UVAP planning area — instead of Brush Street Triangle only, Costco only, or freeway commercial areas only, which were ideas tossed out by the City on Dec. 17;

3) that the agreement would apply to all new or increased revenue above the agreed upon base year, whether from new or existing sources;

4) that the formula for sharing would be 50-50 (with a separate agreement for Costco).

Much to the consternation of the county participants, at the end of the Dec. 17 meeting, we no longer had agreement on the geographical area to which the agreement applied; the revenue to which it applied; the formula to be applied; or even that we were negotiating a master tax sharing agreement. It was agreed that city and county staff would continue to talk and that the City would propose new scenarios and/or formulas for the County to consider. It wasn’t until after the meeting that the realization fully sank in that the draft agreement that we had been working on for so long had just been shredded. That, along with Kendall Smith’s retirement, is why the County disbanded its ad hoc committee for tax sharing when the County met the next day on Dec. 18.

Except for publishing the agenda for the July 29th Tax Sharing Workshop, city staff has not proposed new scenarios or formulas for the County to consider, nor has the City provided any financial analysis or projections.

Fortunately, based on the agenda materials for July 29th, the City is now back to supporting a master tax sharing agreement — which the full City Council has unanimously endorsed at least three times. The City is also back to supporting the UVAP planning area as the geographical basis for the agreement, something that has also been generally agreed to since at least 2006, and formally agreed to in 2010, after extensive review and discussion by the city and county ad hoc committees.

Unfortunately, the City proposes to move away from the commitment to share all increased revenue, whether from new or existing sources, which is a concept that the ad hoc committees have agreed to since at least 2006. This is important, because the day Costco opens its doors on Airport Park Blvd, there will be a boost in sales tax for every store in that area. There may also be a corresponding decline in county areas. The County must not be penalized for adopting land use policies that shift the commercial and retail center of gravity solidly in favor of the City. Therefore, equitable sharing of sales tax revenue must include net increased revenue from existing, as well as new stores.

Equally unfortunately, the City proposes to back away from the 50-50 formula for sharing which has been agreed to by the ad hocs since December of 2008. The major tentative points of agreement by the ad hoc committees, including the 50-50 formula, which the City now proposes to abandon, have been reported to the full City Council and Board of Supervisors on a number of occasions. I can tell you it is a non-starter to go to the Board of Supervisors and seek approval for a 40-60 formula when 50-50 has been on the table since 2008, especially when you consider the sweetheart nature of the “Costco Addendum.”

The Costco Addendum, as agreed to by the ad hocs, would reimburse the City for the cost of improvements needed to attract Costco, currently estimated at $6 million dollars. The County ad hoc has agreed that the City would receive 100% of the Costco sales tax revenue until the cost of improvements is repaid. The City has estimated that it will take from 9-14 years to recoup $6 million dollars. In addition, the County ad hoc has agreed that if the City is able to use non-General Fund money to pay for the improvements, that the City would be able to recover an additional 50% of the cost of improvements by retaining additional Costco sales tax revenue upfront. Therefore, assuming $6 million dollars for the cost of improvements, if the City is able to use the proceeds from the bonds that it sold, the draft agreement would guarantee that 100% of the first $9 million dollars in Costco revenue would go to the City, which could mean that it would be 13.5-21 years before the County would see a dime of Costco revenue. In addition, after the agreed upon cost of improvements is paid ($6-$9million dollars) there would be a five year phase in before the County receives a 50-50 share of Costco revenue. This is the agreement that city staff says disadvantages the city.

The “draft agreement” which is included as an attachment for the July 29th workshop is a draft prepared by the city attorney and has not been considered or agreed to by the county ad hoc committee. Also, it is not true, as stated in the agenda materials, that the draft under discussion includes sharing of existing revenue. That has never been part of the discussion, at least going back to 2005 when the current effort to reach agreement began. The discussion has always been about sharing future increases in revenue that no one is getting now. In the big picture, the City is not being asked to share its revenue, but to agree to an equitable split of future increased revenue generated in the Ukiah Valley; revenue that is now being funneled into the City based on the land use decisions of the Board of Supervisors.

In short, the Board of Supervisors has kept its part of the bargain. The message to the City Council on July 29th should be to go back to the table and negotiate an equitable tax sharing agreement. The alternative is to jeopardize the current land use zoning and priorities that have been adopted by the Board of Supervisors. — John McCowen

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SPORTS TALK PART III

To the Editor:

Paul McCarthy over here on the coast at MendocinoSportsPlus (MSP). First of all, even the most casual viewer of MSP would have to be mentally unbalanced to think we “represent” the Mendocino Unified School District in any of our posts. Any more than we “represent” the Coast Guard when we report maritime traffic, Caltrans or Calfire when we report on road conditions/wild land fires, PG&E when we report power outages or the CHP/Mendocino Sheriff’s office when we run their press releases. But, knowing this county from living here going on 19 years, we have, for everyone to see, the following disclaimer just so there can’t be the slightest confusion:

“…this site is not affiliated in any way, shape or form with the Mendocino Unified School District (MUSD) and MSP’s commentary/opinion should never be construed as having ANY connection with that of the MUSD.” I find it difficult to make the point any clearer than that. MSP was started a year and a half ago. Its success rests upon the fact we’re a fresh alternative news/sports diet to the weekly steaming bowl of boredom served up by the Mendocino Beacon. While I do most of the “heavy lifting” here, and some times dish out my opinion, MSP is a collaborative enterprise. Emailers & non-public Facebook “messages” frequently point us in interesting directions. For example MSP announced what cold homicide case was going to be announced as “solved” by the sheriff’s office — a full day before the press conference. But for sports, I’m the “boots on the ground” and I don’t think anyone in this county could come close to matching my attendance at every sport in the North Coast League III (both home & away) since MSP’s inception. I don’t have to shape my commentary, or butt-kiss athletic directors, principals & superintendents to keep my job.

With that said, it was somewhat distressing and I’m highly & rightfully incensed to see a coach I greatly admire, Jim Young, continue to pass along the outright lie MSP called the Point Arena team “pussies.” Particularly when I emailed him the post in question last December when he first brought it up.

What MSP wrote was it was “demoting” the “Pirates” to “Pussycats” for forfeiting a varsity game to Mendocino. Big difference — and it takes quite a bit of the sting away from the statement. As I told coach Young in the email, MSP has banned “people from the site for using the word ‘pussy’ in the way you infer I did” and added “ other teams in the league are used to Mendo’s ‘sensitivity’ and play on it like a piano…” So, for the record, it was substituting “Pussycats” for “Pirates” — an alliterative goof.

Now on to other matters, Coach Young states I have no connection “whatsoever” with Mendocino sports. Huh? I’ve been a proud member of “Club Cardinal” (which supports all Mendo high school sports teams) for the past six years and remain so even though my son graduated. My devotion to the football team, of which my son was a member, will never wane and while I don’t see Coach Young’s name on any championship plaque in the Mendo high school trophy case, he can view mine.

And I didn’t just accuse Laytonville of running up football scores — I declared it. Rushing for two-point conversions while leading 74-0 (eventually beating hapless Round Valley 86-12) is the height of poor sportsmanship — and don’t forget the 72-0 pasting they delivered to Anderson Valley or the 55-0 defeat of Point Arena. Hall of Fame coach (Chautauqua, NY) Young then goes on to say I attacked Anderson Valley AD Robert Pinoli twice!

Believe me, coach Young would know if I attacked him as I would have used something similar to what AA Cohen used describing railroad baron Charles Crocker: (he’s a) “living, breathing, waddling monument of the triumph of vulgarity, viciousness and dishonesty” or my favorite Charles Adams quote: he’s a “ill-mannered bully, and by all odds the most covertly and dangerously corrupt man I ever had the opportunity and occasion carefully to observe in public life.” So, no, I never attacked him. AD Pinoli arbitrarily (and illegally) started a running clock before half time in the Mendocino-AV game last fall. It can only be started after the third quarter unless the coaches are consulted. The Mendo coaches, of course, would have agreed but they were never asked.

I called AD Pinoli on it, notified the league and wrote about it. That’s NOT an attack. Those are facts. If AD Pinoli, who is supposed to be the “acting” commissioner of the NCL III, was correct why did he apologize for his faux pas after the game?

Ditto questioning “possible” illegal practices. The high school principal, it turns out, has to ok practices before the official start date. AV didn’t have an on site principal, I believe, when the soccer practices started. Was the new principal asked? Can’t tell you — thus our questioning of how they were “getting away” with it.

And since when was coach Young appointed “Chief Apologist” for the Mendo school district? That’s a knee-slapper. Laytonville High School does look like the sheriff’s lock-up at Low Gap Road — just add a couple strands of concertina wire and it’d be a clone when viewed from Branscomb Road. There was much “give-and-go” at MSP with Laytonville sports fans over my unflattering description (were they trying to keep people in or out?), but it was eventually revealed the architect’s specialty WAS designing minimum security facilities. I helpfully suggested they plant climbing ivy or vines to soften the harshness of the chain-link surrounding the lock-up, I mean campus.

And I’d like to know if coach Young has such a “thick skin from multiple years in youth sports” (his words) why is he running around Mendocino County apologizing for my opinions? Coach Young goes on about the MUSD high school administration being on “the receiving end of abuse” from MSP. How in the wide, wide world of sports can we be perceived as “representing” the MUSD if we’re attacking it all the time? You can’t have it both ways coach.

MSP is an independent voice of social media on the coast. As I explained to the coach: “The only thing I represent is my own self-interest.” The Press Democrat has referred to me (charitably) as a “Mendocino sports historian,” but I’ll be the first to admit I have a lot to learn. Like who was the Mendocino high school athletic director that allowed an ineligible player play on (two) sports teams that cost the high school the 2006 football championship and the forfeit of their season? So, in conclusion, everyone but an idiot knows MSP isn’t the voice of the Mendocino school district, MSP called Point Arena Pussycats not Pussies and MSP will continue to “call ‘em the way we see ‘em” regardless (and despite) apologies that are unnecessary, unneeded and unwanted.

Paul McCarthy, Elk

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THE DREAMTIME

by James Howard Kunstler

The idea that techno-industrial society is headed toward a collapse has become very unpopular the last couple of years. Thoughts (and fears) about it have been replaced by a kind of grand redemption fantasy that bears the same relation to economics that masturbation has to pornography. One way to sum up the current psychological state of the nation is that an awful lot of people who ought to know better don’t know their ass from a hole in the ground anymore. We’re witnessing the implosion of the American hive mind.

This is what comes of divorcing truth from reality, and that process is exactly what you get in the effort to replace authentic economic activity with accounting fraud and propaganda. For five years, the Federal Reserve has been trying to offset a permanent and necessary contraction of techno-industrialism by lobbing mortar rounds of so-called “money” into its crony “primary dealer” banks in order to fuel interest rate carry trades that produce an echo in the stock markets. An echo, let us be clear, is the ghost of something, not the thing itself — in this case: value.

The permanent contraction of techno-industrialism is necessary because the main fuel for running it has become scarcer and rather expensive, too expensive really to run the infrastructure of the United States. That infrastructure cannot be replaced now without a great deal of capital sacrifice. Paul Krugman — whom other observers unironically call Dr. Paul Krugman, conferring shamanic powers on him — wrote a supremely stupid op-ed in The New York Times today (“Stranded by Sprawl”), as though he had only noticed over the past week that the favored development pattern of our country has had adverse economic consequences. Gosh, ya think?

Meanwhile, the public has been sold a story by nervous and wishful upholders of the status quo that we have no problem with our primary resource due to the shale oil and shale gas bonanzas that would make us “energy independent” and “the world’s leading oil exporter — Saudi America!” A related story along these lines is the imminent “American industrial renaissance.” What they leave out is that, if actually true, it would be a renaissance of robots, leaving the former (and long ago) well-paid American working class to stew in its patrimony of methadrine, incest, and tattoo “art.”

To put it as simply as possible, the main task before this society is to change the way we live. The necessary changes are so severe and represent so much loss of previous investment that we can’t bring ourselves to think about it. For instance, both the suburbs and the big cities are toast. The destiny of the suburbs is to become slums, salvage yards, and ruins. The destiny of the big cities is to become Detroit — though most of America’s big cities (Atlanta, Houston) are hybrid monstrosities of suburbs and cities, and they will suffer the most. It is not recognized by economic poobahs such as Dr. Krugman and Thomas Friedman that the principal economic activity of Dixieland the past half century was the manufacture of suburban sprawl and now that the endeavor is over, the result can be seen in the millions of unemployed Ford F-110 owners drinking themselves into an incipient political fury.

Then where will the people live? They will live in smaller cities and cities that succeed in downsizing sharply and in America’s currently neglected and desolate small towns and upon a landscape drastically refitted for a post-techo-industrial life that is as far removed from a Ray Kurzweil “Singularity” fantasy as the idea of civic virtue is removed from Lawrence Summers. The people will live in places with a meaningful relationship to food production.

Many of those aforementioned swindled, misled, and debauched lumpen folk (having finally sold off their Ford-F110s) will eventually see their prospects migrate back into the realm of agriculture, or at least their surviving progeny will, as the sugar-tit of federal benefits melts away to zero, and by then the population will be much lower. These days, surely, the idea of physical labor in the sorghum rows is abhorrent to a 325-pound food-stamp recipient lounging in an air-conditioned trailer engrossed in the televised adventures of Kim Kardashian and her celebrated vagina while feasting on a KFC 10-piece bundle and a 32 oz Mountain Dew. But the hypothetical grand-kids might have to adopt a different view after the last air-conditioner sputters to extinction, and fire-ants have eaten through the particle-board floor of the trailer, and all the magical KFC products recede into the misty past where Jenny Lind rubs elbows with the Knights of the Round Table . Perhaps I wax a little hyperbolic, but you get the idea: subsistence is the real deal-to-come, and it will be literally a harder row to hoe than the current conception of “poverty.”

Somewhere beyond this mannerist picture of the current cultural depravity is the glimmer of an idea of people behaving better and spending their waking lives at things worth doing (and worthy of their human-ness), but that re-enchantment of daily life awaits a rather harsh work-out of the reigning deformations. I will go so far to predict that the recent national mood of wishful fantasy is running out of gas and that a more fatalistic view of our manifold predicaments will take its place in a few months. It would at least signal a rapprochment of truth with reality.

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ON THE CAMPAIGN TRAIL with Gerald Ford in 1976, Ford handed the late premier DC reporter Helen Thomas a card from a fortune-telling scale the president had obtained which said, “You are a brilliant leader.” Thomas glanced at the card and cracked, “It got your weight wrong, too.”

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MASSIVE LOSS OF ENDANGERED WINTER RUN SALMON (from: “Dan Bacher” <danielbacher@fishsniffer.com>

Good Morning

Below and attached is a CSPA press release about the massive loss of endangered Sacramento River winter run salmon in irrigation ditches this year. Now the survivors face being hammered by the mismanagement of cold water releases from Shasta Dam. Hal Bonslett, the late Fish Sniffer publisher and founder, and I spent many hours going to meetings and writing articles in the late 1980s about the urgent need to list the winter run Chinook under the Endangered Species Act. Here we are over two decades later watching the state and federal agencies imperiling the once huge run of winter run Chinook again!

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Massive Loss of Endangered Winter Run Salmon

by Bill Jennings, Executive Director, California Sportfishing Protection Alliance

Perhaps half of this year’s spawning class die in irrigation ditches: survivors hammered by mismanagement of Shasta cold water reserves

During April, May and early June, large numbers of endangered winter- run Chinook salmon and other species were drawn into channels in the Yolo Bypass and Colusa Basin and died, according to reports by California Department of Fish and Wildlife (CDFW) and National Marine Fisheries Service biologists (NMFS). The total number of stranded fish is unknown but agency biologists said it could be as high as half of this year’s returning population of winter-run. This tragedy is exacerbated by high temperature stress on spawning winter- run caused by mismanagement of limited cold water pools in Shasta Reservoir this year.

State and federal fish agencies have known and documented for almost two decades that up-migrating endangered and threatened fish on the Sacramento River, including winter-run, spring-run Chinook salmon, steelhead and green sturgeon are drawn into the irrigation and drainage waterways of the Yolo Bypass and Colusa Basin from which there is no exit and are trapped. Excepting sporadic rescue efforts, little has been done to address this longstanding problem.

This is an indefensible failure to protect species hovering on the brink of extinction. The fact that our fishery agencies have long been aware of this problem but done little to correct it is appalling and borders on criminal culpability, especially, when there are obvious and workable solutions.

Large numbers of salmon were identified in the maze of creeks and canals in the Colusa basin west of the Sacramento River. More than 300 fish were rescued from Hunter, North Fork Logan and Stone Corral Creeks, Colusa Trough and Delevan National Wildlife Refuge and returned to the Sacramento River. Because of their degraded condition, there was concern that these fish would not successfully spawn. Stranded salmon were also observed in other creeks, including Willow and Funks Creeks, the main stem of Logan Creek, Provident Main Canal and the North East Drain but no rescues were attempted. Members of the public reported salmon at other locations but CDFW staff were not able to get around to them.

It’s a recurring problem. For example, in 2011, NMFS biologists rescued more than 200 listed green sturgeon, spring-run Chinook salmon and steelhead trout from the Yolo and Sutter bypasses. Many others were not rescued and perished.

“Measures to address stranding in the bypass were proposed by the Anadromous Fisheries Restoration Program in 1995, by the CalFed Record of Decision in 2000 and by the NMFS OCAP Biological Opinion in 2009, among others, and all we have is yet another proposal for a band aid solution they hope might be in place by 2017,” said Jennings, adding “winter-run salmon may be cavorting with passenger pigeons by then.”

Winter-run salmon have been hard hit with a double whammy this year. The State Water Resource Control Board recently gave the Bureau of Reclamation permission to move the temperature compliance point for Shasta cold-water releases on the Sacramento River from Red Bluff upstream to Anderson, eliminating 10 miles of the 20 miles of available spawning habitat for winter-run salmon. Beginning in September and October, Spawning fall-run and threatened spring-run salmon will also be hammered by high temperatures. The cold-water pool behind Shasta Dam has been seriously depleted by demands to export water to south-of-Delta farmers. Water exports are averaging more than 17,400 AF daily.

Historically, more than 200,000 adult winter-run salmon returned up the Sacramento to spawn and numbered more than 117,000 as recently as 1969. Shasta Dam eliminated the majority of historical spawning habitat and their numbers plummeted to around 200 fish by 1991. They were listed as endangered in 1994. Adult winter-run salmon numbered 1,533 fish in 2010, increasing slightly to 2,529 in 2012.

Runoff from a million acres of farmland in the west Sacramento Valley drains into the Colusa Basin Drain. Augmented by rainfall, this water either discharges into the Sacramento River at Knights Landing or it flows via the Knights Landing Ridge Cut into the Yolo Bypass and ultimately discharges into Cache Slough and the Delta. Up- migrating fish that are attracted into the Bypass and Colusa Basin are stranded and perish because there is no exit.

CSPA’s fisheries consultants believe it is necessary to establish screens or barriers that will prevent up-migrating salmon from entering the Toe Drain and/or Colusa Drain during critical migration periods. During high flow events when Sacramento water is spilling at Fremont Weir into the Yolo Bypass, a conveyance system must be constructed to enable fish to cross Fremont Weir back into the river. At all times, salmonids, sturgeon and steelhead must be prevented from entering Ridge Cut into the Colusa Basin.

Similar problems exist on the eastside of the Sacramento at the Moulton, Colusa and Tisdale weirs in the Sutter-Butte Basin where fish were also reported stranded this year but no rescues were attempted.

Further information on the problem, this year’s rescue operations and source material on the agencies’ long-existing awareness of the problem can be found at: www.calsport.org.

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CALIFORNIA PRISON HUNGER STRIKE

An Open Letter to Jerry Brown: Stop the Torture of Solitary Confinement

by Carole Travis

Monday, July 29, 2013. Today marks the first day of the 4th week of the California Prison Hunger Strike. On July 8 when the prisoners began their hunger strike to call attention to this torture, 30,000 inmates across California stopped eating. Saturday morning we learned that Billy Michael Sell housed in the Corcoran SHU (Solitary Housing Unit) died last Monday. Today over 600 men have only had water for 22 days. They protest their long-term torture. California is one of 19 states that use long term, often indefinite, solitary confinement and by far and away has the largest numbers of prisoners in solitary  —  over 10,000.

Prisoners are not sentenced to solitary for their street crime. Prison officials assign them to this crushing isolation without due process, without review of the evidence against them, without legal representation or an impartial hearing. The deciding agency is made up of prison guards who have risen in the ranks through time. At Pelican Bay, California’s super max, the men who decide the fate of the prisoners are white and have lived their lives in Crescent City with a population of around 9,000 people 15 miles south of the Oregon border. They believe they understand the culture of the prisoners, largely from major urban areas and communities of color because they have studied them in their cages for years. As a result of the July 2011 hunger strike there has been an impartial review panel deciding if those in solitary belong there. The panel found 68% of the prisoners they reviewed should be immediately transferred out of solitary into the General Prison Population.

The August (2013) issue of Scientific American highlights the ineffectiveness of solitary confinement to reduce crime in prison. It does have the capacity to induce or exacerbate mental illness. The practice is deemed cruel, inhumane, and ineffective. As the editors point out, “new research suggests that solitary confinement creates more violence both inside and outside prison walls.” (p.10). Mr. Juan Mendez, Special Rapporteur on torture defines 15 days in solitary confinement as torture.

We are compelled to write this Open Letter to Governor Brown to step in and stop the torture. We ask you to join us and sign our letter <http://www.stoptortureca.org/take-action/open-letter-to-governor-brown/> .

(Carole Travis is an Attorney, activist, and former president of United Auto Workers Local 719)

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LEARN TO PAINT, PAINT TO LEARN:

Zornes retrospective honors a century’s dedication to art and life

by Roberta Werdinger

On Saturday, August 10, from 2 to 4:30 pm, the Grace Hudson Museum will host an opening reception and lecture for the exhibit “Milford Zornes: A Painter of Influence.” This retrospective of the long-lived watercolorist and beloved teacher includes many heretofore unseen paintings. Zornes’s daughter and son-in-law, Maria and Hal Baker, curated the exhibit along with Museum Curator Marvin Schenck, and will host this presentation of the life and art of this extraordinary creative force, whose career spanned nine decades and covered the globe. The lecture begins at 2 pm.

Milford Zornes (1908-2008) was born in Oklahoma and studied art in the Los Angeles area. He began producing and exhibiting watercolors at an early age, with one of his paintings chosen to hang in the White House of Franklin D. Roosevelt. Drafted into the army during World War II, he traveled to Asia and worked as an official war artist. After the war, he settled in Southern California and resumed a vigorous schedule of traveling, teaching, painting, and exhibiting. He eventually combined these interests by teaching a series of international watercolor workshops that brought him to almost every continent in the world and put him in touch with thousands of art students, many of whom he influenced profoundly.

Zornes is a case study on how art and life are intimately fused. Launching his career during the Great Depression, he used watercolors due to their inexpensive cost, practicality, and wide appeal. Although his career included many honors and successes, including membership in the National Academy, he never failed to give his many students his complete attention. Artist and author Carolyn Wing Greenlee, who first studied with Zornes as a teenager in 1966 and credits him with helping to launch her own career, remembers: “First Milford pointed out the strengths of the work, then explained how it could be improved, speaking truth with great kindness.” She adds, “Since Milford wanted everyone to be able to afford a piece of original art, he kept his prices low, and painted prodigiously. It was not a chore for him, because he was always striving to paint the perfect picture.” He once commented, “You learn to paint and then you paint to learn.” In his later life, he suffered from macular degeneration, an eye condition, but kept on working, employing techniques that enabled him to make out outlines and fill them in. The day after his 100th birthday, he gave a demonstration and lecture at an art museum. He died less than a month later.

The exhibit, which includes video clips and quotations, gives us a sense of just how vast this painter’s influence is. Zornes’s travels provided him with an endless variety of subject matter, both human and natural, which were transformed by a bold yet lyrical technique. Curator Marvin Schenck comments, “His rhythmic, direct, simplified style of brushwork remains an important influence on watercolorists,” and also helped promote the California Style watercolor movement. Rather than outlining a figure in pencil and then filling in the color, Zornes laid transparent washes of watercolor directly onto large sheets of paper, allowing the white spaces to show through. The paintings have the brilliant colors and blocky shapes of early Expressionist paintings, but with none of the sometimes harsh social criticism of those of that era. Instead, they betray a gentleness and regard for both people and landscapes, while still portraying them honestly. The result is a feast for the eyes as well as the soul, energetic and celebratory, with a democratic view of life worthy of Walt Whitman. As Carolyn Greenlee again puts it, “Milford preferred no limitations of classification or expectation in style, subject or medium. He wanted to be remembered as Milford Zornes, the painter, and he relentlessly traveled the world, filling his eyes and paintings with whatever he found.”

“Milford Zornes: A Painter of Influence” will be on display until October 13, 2013. The opening reception and lecture is free after Museum admission. Several other activities will be featured, including a docent and member tour with Curator Marvin Schenck on August 20, a watercolor workshop for kids on August 24 and Sept. 28, and a watercolor workshop with Sacramento painter Woody Hansen on Sept. 7 and 8. Funding of this exhibition was made possible by the Sun House Guild.

The Grace Hudson Museum is at 431 S. Main St. in Ukiah and is a part of the City of Ukiah’s Community Services Department. General admission to the Museum is $4, $10 per family, $3 for students and seniors, and free to members or on the first Friday of the month. For more information please go to www.gracehudsonmuseum.org or call 467-2836.


Mendocino County Today: July 31, 2013

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THIS JUST IN: Coast fishermen report lots of big salmon but ominously few little salmon. No babies would seem to mean that good as this salmon season is, next year’s probably won’t be very good at all.

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THE ANDERSON VALLEY Community Services District will host a budget presentation by the County’s CEO, Carmel Angelo, and deputy CEO, Kyle Knopp, at the Boonville Fairgrounds Dining Hall, Wednesday, August 21, from 6:00 p.m. to 7:30 p.m. The presentation is the fourth in a series of five presentations that will be delivered in each supervisorial district before the County’s Final Budget hearings, which begin on September 9th.

IN FULL PRESS RELEASE MODE, the County CEO’s office elicited this orphic statement from 5th District Supervisor Hamburg: “We appreciate the Fifth District holding the budget presentation in Anderson Valley and encourage everyone to attend so they can ask about Anderson Valley issues.” (Huh?)

“THE PRESENTATION will include highlights of the County’s 2013/2014 Recommended Budget, a State of the County update, and items of interest to the Fifth District. The intent of these presentations is to inform the audience of the workings of County government and to provide a high level of transparency and accountability to all Mendocino County residents. It is hoped that those interested in performing their civic duty will continue to stay engaged in the workings of local government.”

OH, PLEASE. The true state of County finances can be summed up in one word — precarious. Like municipalities everywhere, our local government has, over the years, obligated itself to much more than it can now pay for and, of course, its budgets are written in a way impenetrable by mere citizens, hence these occasional traveling propaganda shows. The current crop of supervisors, the best overall in many years, has kept the SS Mendo afloat mostly by lopping off line workers and not filling job vacancies. In our opinion, however, there remain a series of indefensible expenditures and positions — beginning with for instance, now that they bring it up, the Assistant CEO position. Then there’s the Wellness office, the entire travel and conference budget, the Promotional Alliance, most of the lawyers in the County Counsel’s office, administrators paid far above what is rational, and on and on.

SUPERVISOR HAMBURG himself has added to the County’s debt burden by suing the County he serves. He thinks the taxpayers should fund the lawsuit he caused by failing to bury his late wife in accordance with existing law. He won’t win the suit but the County will have to spend lots of money defending itself.

COINCIDENTALLY, this presentation by the County’s leadership occurs on the same day and at the same time as the next CSD meeting, so the sponsors will be able to do no more than make perfunctory introductions and then return to their own meeting across the street. We predict the CEO’s Boonville appearance will draw exactly two people — Gene Herr and Barbara Goodell. The only other likely attendee, Major Mark Scaramella, USAF ret., will be across the street at the CSD meeting. Mail it in, Carmel.

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HANKS SIMS writes: “You guys have the Humboldt Bay Harbor District all backwards. They didn’t spend $250,000 to rally for east-west rail. They spent $20,000 — less than a tenth of the figure you reported — in the hope that a very cursory look at what such a thing might actually cost would dampen the spirits of the people who lobby them incessantly to hop about the crazy train.Their small report showed just that — that you could expect a new east-west rail line to cost one billion minimum, before you even get to the necessary harbor improvements, and that the market the rail would serve would be very small. But of course, the train evangelists are barely slowed by such things as facts or numbers. They simply say that the Harbor District has been captured by the forces of evil, and therefore their consultant is not to be trusted. In any case: The district is on the other side of the issue. The sane side.”

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CENSORSHIP BEYOND WALGREENS

Letter to the Editor:

While your criticism of Walgreens for refusing to carry the “bomber” issue of the Rolling Stones Magazine is accurate and justified, it doesn’t even scratch the surface of how insidious the problem is. In fact, one cannot buy a copy of that issue of the magazine ANYWHERE in the entire city of San Francisco! City Lights doesn’t carry it, Green Apple doesn’t carry it — it has been banned from distribution throughout SF. From now on, bookstores and magazine distribution centers should obtain a rubber stamp that reads “Approved by Homeland Security” before allowing a gullible public access to “unpatriotic” literature. I expect that there will be broad bipartisan support for such censorship from the charlatans who inhabit Congress.

— Luke Hiken, Berkeley

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THE CITY OF UKIAH’S TAX SHARING WORKSHOP on Monday night, as predicted, was an exercise in mind numbing trivia and ritual finger pointing between city and County officials who, along with a long list of their predecessors, have made second careers out of meeting and talking about a tax sharing agreement without ever actually coming to an agreement. The meeting opened with a lengthy presentation by city staff, complete with Power Point, that was intended to show that the County already gets too much money and that the draft agreement negotiated over the last several years was really a bad deal for the city. Why? Because the city needs money to pay for services for its residents. The County isn’t under comparable pressure to provide services in a tough economic environment? In fact, the County has done a lot better job in recent years of providing services and balanced budgets while building up reserves. The City Council is unable to control its budget and is burning through its reserves by running annual million dollar deficits.

DURING DISCUSSION by the City Council, Mari Rodin and Phil Baldwin declared that the current City-County draft agreement, which provided for a 50-50 split of future sales tax was a bad deal for the city and that 60% city and 40% county would be much fairer. Mayor Doug Crane pointed out that the 50-50 split had been agreed to years ago when he served on the ad hoc committee that had agreed to it. Crane suggested the deal still had merit. There was very little discussion of the so-called Costco Addendum which seemingly guarantees that the City of Ukiah will get all of the Costco sales tax revenue for the next generation. This is apparently necessary to pay back the city general fund for the cost of infrastructure improvements extorted by Costco as its price for deigning to do business with the Ukiah city limits. (Ukiah also seems to think a Costco alongside 101 won’t present major traffic problems; the present big box array in the neighborhood often causes mini-jams. Costco will add immeasurably to the current traffic.)

MARI RODIN was the unintended scene stealer of the evening when she denied having any memory of attending a joint meeting of the ad hoc committees on December 17. Phil “Red Phil” Baldwin also was overcome by a sudden amnesia. He also had no memory of attending a meeting on December 17, but said it didn’t really matter because ad hocs are not able to reach agreements anyway. The City Attorney and City Manger also did not seem to remember a meeting on December 17. The city staff report for the meeting said the last meeting was on December 6. Shades of Rosemary Woods and the Nixon Tapes.

COUNTY CEO CARMEL ANGELO was first up to the podium when the meeting was opened for public comment. Angelo confirmed that the last meeting of the ad hoc committees and staff was indeed held on December 17, and then read a confirming letter into the record. Angelo said it was unfortunate that the City was changing its position on the 50-50 split, which she described as a major shift and said the 50-50 split had been agreed to in 2008. Angelo also said the financial analysis provided by the City of Ukiah was not based on real numbers but the County was ready to come back to the table anyway.

COUNTY COUNSEL TOM PARKER read a memo describing the outline of the agreement as it existed at the December 6 meeting and the outcome of the infamous December 17 meeting now the subject of collective amnesia by the city participants. Parker said the December 6 meeting had been held at the County offices and the December 17 meeting had been held at City Hall — home and home as exchanges of home fields are called in the sports world. Parker also attached to his memo what he said was a transcript of his notes from the December 6 and December 17 meetings. By now it was looking like there really had been a meeting on December 17.

SUPERVISOR JOHN MCCOWEN was next up to say that he also had attended the December 17 meeting. McCowen referred to his long history of serving on the city and County ad hoc committees, and emphasized that it was important to refocus on the public interest in order to reach agreement. Not surprisingly, McCowen also came down in favor of a 50-50 split. By now the audience was probably wondering how none of the city participants could remember attending a meeting that the County participants were sure had taken place.

SUPERVISOR PINCHES spoke up later in the meeting to say that he supported a tax sharing agreement as long as it was fair. He questioned why it was taking so long and said he thought he and Phil Baldwin could easily reach agreement. Pinches, doing an on-the-spot rewrite of local history, also said the County had turned Costco away, which provoked Baldwin to say that the voters had slam dunked Costco and the whole DDR mega mall by defeating Measure A by a 70%-30% margin. Unspoken was the draft letter put on the County agenda for Tuesday’s Board of Supervisors meeting where Pinches is asking his colleagues to sign off on a letter to Costco saying that the County “is supportive of rezoning the DDR property [Masonite] for Costco or any other retail outlets or housing developments that could be located at this site.”

FOLLOWING PUBLIC COMMENT, and additional rhetorical flailing around by the City Council — councilperson Rodin seems to suffer a pronounced case of attention deficit disorder — as the meeting slowly spiraled down to an inconclusive ending. Score one for the County, at least in terms of credibility. Despite not relying on a Powerpoint (a sure sign the speaker is about to try and put one over on the rubes) the County CEO and County Counsel were well prepared with remarks that were to the point and delivered without the kind of circular and self-canceling rhetoric often practiced by the City Council. And no one in Mendo public life can match Supervisor Pinches for getting straight to the point. But as of today, Costco is apparently in line to be plunked down within the Ukiah city limits. But if Pinches has his way, Costco will soon be getting a letter from the County with an updated version of “Let’s Make A Deal.”

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FROM THIS WEEK’S CEO REPORT presented to the Board of Supervisors from County CEO Carmel Angelo.

• Selection of Forester for the Little River Timber Harvest: The County’s contractor is now working with the Department of Fish and Wildlife, US Fish and Wildlife Service, and CalFire on compliance with state and federal laws. At this point in time, the County is on track to harvest timber in August of 2014.

Date: July 17, 2013

To: Honorable Board of Supervisors

From: Kristin McMenomey, GSA Director

Subject: Little River Timber Harvest

Background

The Board of Supervisors directed the Little River Timber Harvest be referred to the CEO’s office for a potential harvest in 2013. The direction from the Board was to have the CEO bring back the item to the full Board to hear Mr. Greg Guisti give his expertise on the subject. Due to Mr. Guisti’s availability (he was out of the Country for three months) to make such a presentation as well as the availability of the Board’s calendar at the end of the year, the decision was made to move forward with an RFQ to get the process started and the CEO would utilize her CEO Report to keep the Board of Supervisors updated.

The General Services Agency (GSA) received this project on November 7, 2012 and immediately met with Greg Guisti and Steve Dunnicliff (previous project coordinator) to obtain an update on the status of the Harvest. GSA began work with Greg Guisti to create a Request for Qualifications for a Forester so as to hopefully begin a harvest in 2013. GSA issued the RFQ on April 5, 2013 and a contract was executed on June 24, 2013. Timber Harvest Status Subsequent to the contract being executed, the forester immediately began contacting the Department of Fish and Wildlife (DFW), U.S. Fish and Wildlife Service, (USFWS) and CalFire to determine whether or not these agencies would accept the following previous studies completed on the site:

• Marbled Murrelet (MAMU) surveys completed in 2008 and 2009

• Northern Spotted Owl surveys completed by MRC in 2010- 013

On July 10th, the forester and a consulting wildlife biologist met with DFW to make the case that no additional Marbled Murrelet surveys were necessary. DFW was willing to not require additional surveys, however they wanted the County to designate 5 to 6 acres as a no-cut area and establish a 300-foot buffer, constituting a total of 8 acres, in which harvesting would need to be approved by DFW. (This position was based on a site visit conducted by DFW staff in 2007.)

A total of 14 acres of the property would likely be impacted, representing 25% of the NTMP area and 30% of the Redwood-Douglas-Fir stand. This could potentially result in a major impact on the amount of timber that could be harvested and the income that could be generated for the County. The decision was made to conduct two years of surveys (this year and next year) which should enable the County to harvest greater levels of timber in 2014 or potentially sell the rights to this timber to an organization like Save-The-Redwoods League — something that Linda Perkins from the Sierra Club has proposed. One survey has been completed to date and the other three will be completed by the end of this month.

The USFWS and CalFire also require nonindustrial landowners to conduct six Northern Spotted Owl surveys for two years in a row. However, MRC conducted three surveys this year on its property adjacent to the airport. The Forester was able to get the USFWS to agree to another three surveys this year, plus three surveys next year, assuming that MRC conducts three surveys next year as well. One survey was completed on July 15th, and two others are scheduled to occur by the end of the month.

The Forester also met on July 15th with CalFire staff to review the Nonindustrial Timber Management Plan and discuss required amendments to the NTMP. As a result of this meeting, the Forester has a clear idea of how to expeditiously amend the NTMP. On the same day, he also met with Tom Peters of the Department of Transportation (DOT) to discuss FAA requirements for clearing, the potential conflict of selling timber rights relative to FAA requirements, and the availability of bridge and culvert material that might be used on the truck road in the NTMP harvest area.

Taking all of the above into consideration, the County is aggressively pursuing its option to harvest as soon as possible given the constraints of the various State and Federal agencies.

Depending on upon the results of the surveys, it is anticipated that the County would have the ability to harvest timber in August of 2014. This would require GSA to embark upon the process of obtaining bids from loggers with a potential bid launch sometime in February/March of 2014.

It should also be noted that deferring of the timber harvest until 2014 makes sense for two important reasons: 1) The mill price for Redwood will likely be better next year, as the current market is close to saturation; and 2) The County will be able to solicit bids from the best loggers in the area, many of whom are now committed to other jobs.

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• County of Mendocino and City of Ukiah Tax Sharing: The County of Mendocino is waiting to hear from the City of Ukiah regarding tax sharing between the two government entities. The County has provided the City with potential dates in the months of July, August, and September of 2013 for a public meeting between the two elected bodies to pick up tax sharing discussions where they left off back in December of 2012. The Ukiah City Council is holding a special workshop on Monday, July 29 to review the information presented by City Attorney David Rapport on this topic, and is expected to follow up with the County from that meeting for dates that are workable to meet with the Mendocino County Board of Supervisors;

• Project Update: Feasibility Study for Ambulance Service Exclusive Operating Area: The consultant’s report will be uploaded to the project website for Board and public review this week at:

http://www.co.mendocino.ca.us/administration/EMS.htm

• Following release of the report, the project team will conduct a conference call to determine the next steps in consideration of the report findings and recommendations. Based on the depth and breadth of the project analysis, and the corresponding findings and recommendations, the Project Team has three preliminary options for Board consideration/facilitation of report presentation: 1) Activate the Board Standing Committee (HHS, Supervisors McCowen and Gjerde); 2) Form a Board Ad Hoc Committee (Comprising two Supervisors); or 3) Direct staff to coordinate a Board Workshop to facilitate presentation of the report to the full Board and determination of next steps;

• Off-Site Board Meeting on August 13: On August 13, the Mendocino County Board of Supervisors will meet at the Fort Bragg Town Hall to discuss, among other items of business, two high-profile items. The first item is the Westport Municipal Advisory Council appeal to the Board of Supervisors of a County Permit Administrator decision to allow California State Parks to create new sand dunes from a portion of 10-Mile Beach Trail, known as Haul Road. The second major topic of discussion is the location for a new commercial transfer station in the coastal area of the County. The Board of Supervisors will be presented with two options for a location, the first being the Caspar landfill site, and the second being a portion of the Jackson State Demonstration Forest off of Highway 20. The public is encouraged to attend this meeting on August 13 if they would like to learn more about these two items;

• 2013-14 Budget Report: The Recommended Budget has been published and is available on the County website. Staff request that each Department review their section and advise the Executive Office of any errors in their narrative or other information. All adjustments or corrections identified after the Recommended Budget was approved will be reflected in the Final Budget. The Auditor is working on the year-end closeout process for FY 2012-2013. Executive Office staff are monitoring the process and gathering information that may affect the 2013-2014 Final Budget.

• Draft RFP Released for $500M in State Assistance for Local Jail Construction: The California Board of State and Community Corrections (BSCC) released the final draft SB 1022 Request for Proposal (RFP). SB 1022 will provide $500 million in bond funding for adult detention facility construction and renovation. The purpose of the RFP is to establish conditional awardees and allocate financing as authorized by SB 1022 for the construction of adult local criminal justice facilities. This legislation provides up to $500,000,000 in state lease-revenue bond financing authority for acquisition, design and construction, including expansion or renovation, of adult local criminal justice facilities in California. The BSCC will hold a bidders conference on August 12 from 1:00 PM – 3:30 PM in West Sacramento at the State Department of General Services. Both CSAC and RCRC urge counties with an interest in the RFP process to attend the bidders’ conference in person. Project proposals will be due to the BSCC on October 24;

State Responsibility Area Fee Bills Being Mailed August 22-26, 2013: CalFire and the California State Board of Equalization (BOE) have recently announced the 2013 State Responsibility Area (SRA) fee bill schedule, with the first round of bills being mailed in alphabetical order by county. Bills are scheduled to be mailed to Mendocino County residents August 22-26, 2013. The mailing schedule is available at:

http://www.boe.ca.gov/sptaxprog/pdf/FPF_Billing_Mailing_Dates.pdf;

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BRADLEY MANNING has been acquitted of aiding the enemy, but was convicted of espionage, theft and other charges Tuesday, more than three years after he dispatched alleged secrets to WikiLeaks. The judge, Army Col. Denise Lind, deliberated for about 16 hours over what is essentially a whistleblower case since America is not involved in any legally declared wars. The government maintained that Manning was an anarchist computer hacker and attention-seeking traitor. He was convicted on 19 of 21 charges and now faces up to 128 years in prison. His sentencing hearing begins Wednesday.

MANNING DIVERTED TO WIKILEAKS more than 700,000 battlefield reports and diplomatic cables, and video of a 2007 U.S. helicopter attack that killed civilians in Iraq, including a Reuters news photographer and his driver. In the footage, airmen laughed and called targets “dead bastards.” He said during a pre-trial hearing in February he leaked the material to expose the US military’s “bloodlust” and disregard for human life, and what he considered American diplomatic deceit. He said he chose information he believed would not the harm the United States and he wanted to start a debate on military and foreign policy.

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US MARSHALS ADD SHANE MILLER TO MOST WANTED LIST

MillerWantedToday, the U.S. Marshals Service added Shane Miller, a former Humboldt County resident to its 15 Most Wanted List. (See above for the wanted poster.) Miller is a suspect in the triple slayings of his wife, Sandy, and two young daughters, Shelby and Shasta from the Shingletown area. Miller was last reported seen near Petrolia, and a massive manhunt had that community locked down for days. Miller’s truck was found on a private road but no trace of him has been seen since Wednesday, May 8th.— Kym Kemp (Courtesy, LostCoastOutpost.com)

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NO CHILDREN IN THIS GARDEN

Editor,

The Caspar Children’s Garden (CCG) is much in need of a new home for its preschool program. I sincerely hope that a suitable location is found. However, as president of the Mendocino Coast Botanical Gardens (MCBG) board of directors, I am concerned about Skip Taube’s characterization of discussions that CCG initiated with the Gardens about the possibility of leasing the Parrish Family Farmhouse for this purpose.

Because of the age and condition of the Farmhouse, it was made clear from the outset that CCG would have to be responsible for demonstrating that this old and largely unimproved house could and would provide a safe and wholesome environment for regular use by young children. It was understood that this would require various tests and inspections, fencing and likely other modifications. Despite prolonged discussions with a series of CCG representatives, including Mr. Taube, the MCBG Board and our Director regretfully concluded that since we could not ensure the children’s well-being, it would be unacceptable to lease the property for use as a preschool. While disappointing, the decision was neither abrupt nor driven by a “loss of interest.” It resulted from a thoughtful process driven by a clear focus on the health and safety of the children.

— Wendy Roberts, President, Mendocino Coast Botanical Gardens, Mendocino

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HIP SERVICE to perform fifth concert for the 22nd annual Sundays in the Park in Ukiah. On Sunday, August 11th in Todd Grove Park at 6:00pm Fowler Auto & Truck Center, The City of Ukiah, KWNE-FM and MAX 93.5 are proud to present the fifth concert of the 22nd annual 2013 Sundays in the Park concert series featuring the Electrifying Motown R & B Revue with Hip Service. Hip Service is one of Sundays in the Park’s favorite bands and are unrivaled in the entertainment industry with its unique variety of crowd pleasing, from-the-soul dance music. This accomplished group, made up of world-class performers, has become one of the most in demand live acts in Northern California. They won the Sacramento Sounds of Soul Music #1 award for Best R&B Group several times! Performing dance hits from the ’60′s through the ’90′s, Hip Service features three outstanding lead vocalists, a screaming four piece horn section, rock solid funky rhythm section and four electrifying dancers. Since their inception in 1996, the Hip Service sensation has taken Northern California by storm. It’s the music that makes you get up and shake your hips! Rhythm & Blues, Classic Soul, sounds of Motown, Classic Rock, 70′s Disco, or funky grooves: they have it all! This group’s dance-’til-you-drop performances and stellar reputation in the entertainment business has made Hip Service “The-Band-In-Demand!” Great music, dynamic choreography, endless fun and enthusiasm, and true professionalism make Hip Service a boogying good time for the 20th annual Sundays in the Park concerts.

Mendocino County Today: August 1, 2013

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SUPES REJECT COSTCO-AT-MASONITE PROPOSAL. Supervisor Pinches was unable to find a second to his motion to invite the present Ohio-based owners of the 79-acre Masonite property north of Ukiah “to request a meeting to discuss revisiting the use of the DDR (Developers Diversified Realty) property as a potential location for a new retail store.”

Abandoned Masonite Site, looking south toward Ukiah

Abandoned Masonite Site, looking south toward Ukiah

MASONITE CEASED manufacture in 2001. In 2009, a mall developer, had visions of an 800,000-square-foot shopping mall and housing complex at the site, a vision County voters overwhelmingly rejected 62-38% when mallification was put on the ballot for an up or down.

LOCAL OFFICIALS want to retain the Masonite site as industrial land, which is assumed to be in short supply in inland Mendocino County. Supervisor Pinches disputes that opinion. “There’s over 3,000 acres of industrial land in this county that’s zoned for industrial. Most of it’s either vacant or underutilized. It’s just not acceptable to me to see the county go into a spiraling financial downhill. To drive by there every day, and to see the county’s finances spiral, and the company that owns it wanting to do something with it, and the county continuously saying, no, no, we’d rather have crumbled-up concrete and weeds out there — I think that’s ridiculous.”

PINCHES HAS A POINT. Lots of people talk industry at the site but, apart from Ukiah businessman Ross Liberty, owner of “Factory Pipe” who is buying ten acres of the Masonite site for a motorcycle parts manufacturing facility, industry north of Ukiah remains vaporous.

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COUNTY RELEASES AMBULANCE CONSOLIDATION REPORT. LOTS OF DATA. PREDICTABLE RESULTS.

The County of Mendocino is exploring the option of establishing an exclusive operating area (EOA) for the sustainable provision of emergency ambulance services. Fitch & Associates, the County’s consultant, has completed their report on the feasibility of one or more EOAs within the County. It is now available online at:

http://www.co.mendocino.ca.us/administration/EMS.htm

The County initiated this study to address previously identified critical issues relating to the standard of care and reliable provision of ambulance services. The County has the legal responsibility to oversee the provision of ambulance services and EMS as a whole; this study is an exploration of a strategy that could alleviate some critical issues within the EMS system. Release of this report does not necessarily imply implementation of the consultant’s recommendations. “While the consultant’s report may incite some controversy,” states CEO Carmel J. Angelo, “it’s important that the Board of Supervisors and our community partners understand the critical issues facing the EMS system and seriously consider the options available for system sustainability.” The Executive Office anticipates much more work to be done to determine the best path forward to improve the EMS system. A Board of Supervisors workshop is tentatively planned to take place in September to consider the report and related EMS topics, but there will be no action on any of the recommendations regarding creation of EOAs at that time. The project team recommends that the Board of Supervisors commence a sustained initiative to address EMS issues, working with EMS providers and other stakeholders. Once the specific date for the workshop is determined, further details will be posted on the website. For more information, please email ceo@co.mendocino.ca.us, or call the Executive Office at 463- 4441.

SELECTED EXCERPTS:

• The establishment of a countywide EOA that has a single provider is not feasible. The recommended structure will improve the stability and performance of the current EMS system. Moreover, the proposed configuration will encourage the retention of existing irreplaceable volunteer resources and ensure that all areas of the county have access to ALS.

• The County should recognize that if it moves forward with the establishment of EOA, it will be necessary to clearly communicate what creating EOA means to each community, how local services can continue and be supported, and that it is critical to retain the support and continued involvement of the system’s volunteers.

• It is clear that if Mendocino County decides to establish one or more EOA for ambulance services, these grandfathering provisions of law would not apply. That is because there have been a number of different ambulance providers, expansion and contraction of service areas, and closure of ambulance services over the years. None of the existing services meets the requirement for operating continuously in the same manner and scope since 1981. Therefore, the County would be required to select its exclusive provider through a competitive process.

• It is impossible to replace the time and effort provided by the volunteer personnel of Anderson Valley Ambulance Service. There is inadequate call volume to support the placement of an ambulance manned by paid personnel. Therefore, every effort should be utilized to maintain and support the Anderson Valley Ambulance Service.

AmbulanceChart• The key question regarding (the Ukiah Valley) zone is whether there is adequate revenue to support two ambulance services operating at a high level of quality on a long-term basis. Together, the two ambulance services currently are staffing up to six ambulances at a time. The estimated revenue of $1.5 to $2 million is unlikely to be able to support that level of coverage on a long-term basis. … The characteristics of this ambulance service zone met the criteria for considering establishing an EOA. There is adequate patient transport volume to support service but the patient transport volume is unlikely to be able to support two services able to maintain high quality service delivery and reliable response time performance.

• It is recommended that the County of Mendocino create an EOA corresponding to the boundaries of the current ambulance service zone (Zone 5) where services are being provided by Ukiah Ambulance and Verihealth. The County should develop an RFP and conduct a competitive procurement for a single provider to provide all emergency 911 responses and transport and all interfacility transports originating in the zone, as well as require the service to provide ALS intercept with BLS services, specifically to Anderson Valley and Covelo.

• Limited revenue streams (in outlying areas) mandate that services provided by volunteer agencies should be retained and operationally supported. This is particularly true for the areas served by Anderson Valley, Laytonville and Covelo. The only locations that receive adequate funding from patient fees to independently support fulltime ambulance operations are located in areas served by Ukiah and Verihealth and potentially the area served by the Mendocino Coast District Hospital.

• The ability of some the existing ambulance services in Mendocino County to maintain current operations or expand to meet future growth and demand is threatened. The two primary causes of instability for the services are directly related to: 1.) the lack of financial resources and, 2.) the challenge of recruiting and maintaining an adequate volunteer staff.  MCDH, as indicated earlier, is going through bankruptcy and the long-term financial ability of the district to maintain current ambulance operations or provide necessary responses to growth and demand is questionable.  Covelo and Elk are challenged by a lack of available volunteers who can reliably and consistently respond to emergency events. Moreover, while Anderson Valley maintains an active volunteer corps, it can only consistently respond to medical emergencies with a crew with limited capability consisting of a driver and a single EMT.  Laytonville Fire Department is also challenged by the availability of volunteers to respond to medical emergencies in its zone. In fact, the fire district is considering only serving within the boundaries of its district and not responding outside to areas that it currently covers.  Long term expanded deployment of staffed ambulances in the Ukiah and Willits zone is barely feasible, given the questionable financial strength of the two existing services to maintain this coverage level..  It is clear that without action, there will be a continued disintegration of the Mendocino County EMS System and that the result will be lower levels of care, and in many instances, extremely long response times to emergency events.

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OVERALL, the study concludes, ambulance responses in Mendocino County are uneven, inconsistent and unreliable from service zone to service zone. Finances and capabilities vary. And the only two areas that might benefit from an EOA are Ukiah and Fort Bragg.

Not to be too cheeky about it, but, basically, we knew that. The money for this study could have been better used by giving it to one or more of the volunteer ambulance services which are already underfunded.

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CEO ANGELO CONCLUDES:

The County contracted Fitch & Associates to study the feasibility of an EOA, or multiple EOAs, for Mendocino County as a means to stabilize fragile parts of the EMS system. The County has the legal responsibility to oversee the provision of ambulance services and EMS as a whole; this study is an exploration of a strategy that could address some critical issues with the system. Release of this report does not necessarily imply implementation of the recommendations. It is also not the only source of information by which the Board of Supervisors will base any future decision. There is more work to be done to determine the best path forward to improve the EMS system. Initially, the project team planned that the feasibility study be divided into two phases. The first phase would determine if an EOA is feasible, and the second phase, if approved by the Board of Supervisors, would include the competitive bidding process for securing services. However, as the team delved deeper into the project it became apparent that there were broader issues at hand. We anticipate that those issues will need to be adequately addressed before any specific strategies are implemented. The Executive Office would like to express caution to our decision makers in moving forward with phase two of the project at this time. The project team is committed to providing the time needed to fully understand the implications of any structured changes to the EMS system. Therefore, based on direction from the Board of Supervisors, a workshop is tentatively planned to take place in September 2013 to examine the findings and hear input from community members and EMS stakeholders, but there will be no action on any of the recommendations regarding creation of EOAs at that time. The Board of Supervisors welcomes your comments on the report. To do so, please fill out the form accompanying this letter and send it to the Executive Office. You can email it to ceo@co.mendocino.ca.us, fax to (707) 463‐5649, or mail to 501 Low Gap Road, Room 1010, Ukiah, CA, 95482. Questions may be directed to the Executive Office at (707) 463‐4441. Sincerely, Carmel J. Angelo, Chief Executive Officer County of Mendocino and send it to the address below.

Mendocino County Feasibility Study of Exclusive Operating Area for Ambulance Services

COMMENT FORM

Name:

Location:

Email:

I am affiliated with: (circle as many as apply)

Private Ambulance Service, Fire District/Dept., Ambulance District, Community Volunteer, RCMS, Howard Memorial Hospital, UVMC, MCDH, Other CSD Non‐Profit

Comments (to the degree possible, please indicate which section or page of the report your comments are in reference to):

Please send your response no later than August 31, 2013, using one of the following methods:

Email: ceo@co.mendocino.ca.us

Fax: (707) 463‐5649

Mail: 501 Low Gap Road, Room 1010, Ukiah, CA 95482

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SKUNK TRAIN PARTLY BACK ON TRACK FOR SUMMER FUN

Skunk1Crew poses outside the Number 1 tunnel today as the engine makes its first trip since an April rockfall closed the westernmost tunnel. (Steve Eberhard – Photo) Left to Right – Iver Iverson, Jr, Jeff Scott, Iver Iverson, Sr., Robert Jason Pinoli, and Raul Elenes, Jr.

The Skunk Train, a beloved Mendocino institution, chugs back into action tomorrow after a rockfall inside the number one tunnel closed the attraction down on April 10th. Full service has yet to be restored as work inside the tunnel is still ongoing. Tuesday, however, the first engine crept through the tunnel.

This means that, on Wednesday, July 31st, according the Skunk Train’s Facebook page, enough equipment will have been brought through to allow a shortened version of the ride to recommence. Operations from Willits to Northspur will begin tomorrow with the full train trip to Fort Bragg offered sometime mid-August. “Things are progressing well,” wrote Robert Pinoli. The company is excited to be back on track.

skunk2The railroad intends to continue offering the short ride west of the tunnel in the summer season, even after full service is restored. A public fundraising effort in May and June brought in about $110,000 toward the cleanup, expected to cost at least $300,000. In mid-June, however, Save the Redwoods League stepped in to fund the cleanup, paying an additional $300,000 for an option to buy some or all of the tree-lined 40-mile right of way between Fort Bragg and Willits. That process will take at least a year.

For more information go to www.skunktrain.com

(Kym Kemp, Courtesy, LostCoastOutpost.com)

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JEFF COSTELLO WRITES:

Speaking of Glovebox Bandits — The Gang of Three

I’ve mentioned how this Denver neighborhood is “diverse.” It’s low-working class, white people are in the minority. People lock their cars at night. I have a hard time with this, I’m no Pangloss but prefer to see people as potential allies rather than enemies.

Years ago in Seattle I was at a friend’s place, car parked on the street. I came out to find the car rifled through but nothing was taken but a pharmacy bottle of pills, 300mg capsules of Zantac, a strong antacid. So I knew it was just kids and had a chuckle imagining them taking a handful of the pills and getting a monster stomach ache.

But here, there have been thefts…including a truck and trailer full of heavy industrial equipment. The vehicles were recovered but thousands of dollars in tools and machines were gone. Still, I stubbornly balked at locking the vehicle. So one morning, yep, I find the car has been – again – rifled through. There were items all over the ground, and I panicked a little until I found my packet of auto documents – registration, insurance, bill of sale and such. Then I looked in the place where the tools are kept, the only stuff of any value, and they were untouched. Once again I knew It just kids – punks after some kind of instant gratification. And, once again, they had taken my little stash of antacids. Any kid serious about drugs will know to some extent what the good stuff looks like, and these guys were clueless. They saw pills and took them, period.

Maybe a week later, three kids maybe 11 – 13 years old came up the driveway and asked to use my cell phone, “to call somebody.” I told them to wait, and I’d go in the house and get it. When I came out they were gone.

Now it happens on this property there are several gasoline containers full of hydrochloric acid, which had been used in concrete and stone work. In an attempt to get rid of some it, I got in touch with a guy who wanted some to clean his garage floor, and told him I’d leave a can in the driveway for him to pick up. He wound up not taking it.

A day or two afterward, I came back from a store run and saw the same three kids around the corner with two lawn mowers and a can that looked like the one with the acid. Sure enough it was, and they trying to run a lawn mower on it, right on the street not 100 ft. from where they had stolen the can. They recognized my car and gave me a funny look. One of them was rubbing his eyes. These were my boys, all right. And it was clear they just weren’t terribly bright. A little later, they wheeled one of the non-working mowers past our driveway back to wherever it came from. I went around the corner where the can of acid and another dead mower still sat, and retrieved the jug of stuff-that-was-not gasoline.

The Gang of Three has not been seen since.

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QUOTE OF THE DAY: “Just because 50/50 sounds fair, it is not necessarily fair,” said soon-to-be-retired Ukiah Finance Director Gordon Elton. “The 50/50 formula had the county ending up with 122 percent of the sales tax the city does.”…Gordon Elton, in speaking about the County of Mendocino and City of Ukiah tax-sharing sharing agreement, from The Ukiah Daily Journal, July 31, 2013.

How does 50 become 122? Where did this guy get his accounting degree? No wonder Ukiah can’t balance its books. — John Sakowicz, Ukiah

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FRISCO STRAY: On July 28, 2013 at 8:30pm Mendocino County Sheriff’s Deputies were called to the area of 31000 Highway 20 in Fort Bragg, California for a reported nude male adult walking down the street. Upon arrival the Deputies observed the subject, Brett Dymond, walking naked on Highway 20 and he was not covering his genitalia. Deputies contacted Dymond who was displaying signs of alcohol intoxication. Dymond initially gave a false name because he thought he had warrants from another state. Dymond said that some friends took his clothes from him and so he was walking home.

Dymond

Dymond

Dymond was arrested for providing false identification to a police officer, indecent exposure and for public intoxication. Dymond was listed as a missing person and had an active warrant out of San Francisco for a failure to appear in court on a traffic related case. Dymond was transported to the Mendocino County Jail where he was booked on charges of indecent exposure and public intoxication on $15,385. (Sheriff’s Press Release)

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NORTH COAST RAILROAD AUTHORITY COMMITTEE FLOATS THE POSSIBILITY OF IMPENDING BANKRUPTCY

by Hank Sims

The North Coast Railroad Authority could be running out of steam.

Harbor Commissioner Richard Marks, who represents Humboldt County on the NCRA Board of Directors, told the Lost Coast Outpost that board chair Allan Hemphill brought up the possibility of the authority — a state agency — filing for Chapter Nine bankruptcy yesterday during a meeting of the authority’s finance committee, on which Hemphill and Marks both serve.

No action was taken, and the shape of a potential NCRA belly-up were not explored in depth. “Bankruptcy was brought up but not defined,” Marks told us.

Still, Marks said the dire state of the authority’s finances meant that something had to happen soon — probably by next month. The authority is currently projecting a $211,767 deficit in the 2013-2014 fiscal year. Cash reserves are minimal to nonexistent. The fact that the potential of bankruptcy was brought up by Hemphill — the authority’s longest-serving director and one of its most stalwart boosters — means that the its financial crisis must be serious.

At least in Humboldt County, the NCRA has suffered not only from its perenially problematic finances but the loss of railroad-booster mindshare. As of late, the boosters’ big dreams have attached to the idea of an east-west route rather than the NCRA’s north-south line — which once actually existed, though it hasn’t reached Humboldt County in the last 15 years.

(Courtesy, LostCoastOutpost.com)

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AVA NOTES: The NCRA’s biggest creditor is its own subcontractor, NWP Co., owned by a man named John Williams, from whom the NCRA has borrowed lots of money for track repairs over the last few years. If the NCRA were to go belly-up, the most likely outcome would be a turnover of the entire system, including the relatively usable portion south of Willits, to Williams.

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AN EXCELLENT STORY today from truthout.org on “The Plight of California’s Prisoners: Hunger Strike, Sterilization and Valley Fever

By Jean Trounstine, The Rag Blog

http://www.truth-out.org/news/item/17909-the-plight-of-californias-prisons-hunger-strike-sterilization-and-valley-fever

(Give the page a few extra seconds to load…)

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Gonzalez

Gonzalez

ON JULY 25, 2013, the County of Mendocino Marijuana Eradication Team (COMMET) (Yes it still exists) assisted by the Mendocino County Sheriff’s Office, Mendocino County Major Crimes Task Force and California Department of Fish and Wildlife served a search warrant at a trailer in the 76000 block of Covelo Road in Covelo. Contacted and detained at the residence was Edgar Gonzalez-Juarez. There were four marijuana gardens with 490 growing marijuana plants at the residence. As officers were clearing the marijuana gardens a second suspect fled on foot from one of the marijuana gardens who dropped a loaded .357 caliber pistol. Gonzalez-Juarez was arrested for violation of section possession for sale, cultivation and being armed in the commission of a felony and was booked into the Mendocino County Jail on $25,000 bail. (Sheriff’s Press Release)

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WUZ UP WITH CRAIG

It’s Crunch Time!

Warmest greetings of peace and love, Powerful spiritual currents are occurring in this darkest phase of the Kali Yuga, resulting in abominable social situations. A cloud burst mid-June in northern India washed away countless villages, bridges, and urban residences as the wall of water cascaded southward. Glacial melting, deforestation, and the moving of a Kali related goddess murti to accommodate a power project are all cited as factors in the devastation north of Rishikesh. Once again, global climate destabilization is recognized as the most critical environmental concern, and there are no ordinary effective solutions. Following the dissolution of the Washington DC Occupy protest encampment at Freedom Plaza last year, I returned to California, but was soon flown back by Veterans for Peace to help get additional media attention for their ongoing dissent. This led to my reuniting with members of the D.C. Occupy kitchen working group. We stayed at a house in Virginia, and co-wrote a play which is focused on the increase of global warming, and the failure of society and government to do anything intelligent in response to the crisis. The play is parked in my blog, several pages back, at http://craiglstehr.blogspot.com; it has not been performed publicly as of yet. I wrote countless poems of a mystical/radical nature, which were sent out and subsequently published…am happy that Earth First! and particularly Warrior Poets Society appreciated them…they’re on the blog too. Apparently the left wing in Washington D.C. didn’t value me enough to let me stay at the Peace House, and since the Catholic Worker Olive Branch House was turned into condominiums after the D.C. Metropolitan Police confiscated it, I had nowhere to live long term in the district, and therefore accepted a return airplane ticket to California in mid-December. Due to having given up my housing space in Cali before returning to Washington D.C., I returned homeless to Cali! Six months of homeless shelter hopping ensued, as I continued to be active with Berkeley Catholic Worker these past 23 years. I also spent countless hours doing advanced yoga sadhana at Ocean Beach, when not reading mystical texts at Berkeley’s Graduate Theological Union Library. Last Thursday I boarded a Greyhound bus in Oakland, and traveled 3,000 miles to Pittsburgh, PA to again reunite with members of my D.C. Occupy kitchen working group. We are at a house in Mt. Lebanon, PA hosted by our friend Julie, who is sitting in a Pittsburgh jail, for letting postmodern America publicly know of her dissatisfaction with mindless materialism’s illegitimate authoritarian structures. As I sit in Julie’s backyard at a large glass-topped table, with a summer shade umbrella, sipping my organic chai tea, and automatically “writing down the bones” longhand in my marble covered standard student issue blank page composition booklet, I reconsider a proposal I made to the D.C. Occupy encampment at McPherson Square in January of 2012. My proposal is to create a caravan to circumambulate the beltway which goes around Washington D.C. The purpose is to neutralize the bogus energy which emits from within the beltway, which is negatively affecting the rest of world society, and irresponsibly contributing to a deteriorating global ecological situation. (This is aside from philosophical considerations, such as the stupidity of materialism in lieu of necessary individual spiritual progress, which itself is the whole purpose of taking human birth in the first place). I suggest creating a caravan featuring recitation of mantrams, performance of Vedic rituals, and related sacred art forms. And yes, your band on a flat bed truck is welcome, and I am open to other traditions and their ways being woven into this as well. The potential is vast! I am tonight sending this message out and I am very actively seeking others to do the beltway action. I want to establish permanent residency in the region, having obviously moved on from California after 40 years of front line radical environmental and peace & justice enlightened behavior. Following my bliss, Craig Louis Stehr Nota bene: I am accepting money, and don’t even think about giving me any insane left wing American shit, inferring that I am not being politically correct because I am asking for it. I need some dental work, and I am still interested in enjoying an adult social life at 63 years of age. Yo, that’s just the way it is right now. My current address: Craig Louis Stehr, c/o Julie Diana, 903 Florida Ave., Mt. Lebanon, PA 15228-2016.

Mendocino County Today: August 2, 2013

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THE LATEST FROM THE WILLITS BYPASS PROTESTS.

Ripper Restrained from Destroying Hillside
 at Caltrans Bypass Site

RipperIn yet another stealthy pre-dawn action, protesters against the Caltrans bypass around Willits again snuck onto the construction site, this time on the south end of the route, locking themselves to a giant bulldozer called a ripper. The machine is tearing apart a hillside and using the soil to fill in wetlands and streams to build a freeway. For the first time, press has access to the protest site, after Willits News photographer Steve Eberhard was arrested when he tried to cover a protest last week.

Bowman, Kane, Keyes

Bowman, Kane, Keyes

Two women, Kim Bancroft and Maureen Kane, have locked their hands around the equipment in welded steel tubes, which are difficult to remove and must be sawn through. A third protester, Steve Keyes, was arrested when he would not leave their side, where he was stationed with water. Temperatures have been in the 90s all week. A crowd of local citizens has gathered in support, and CHP is on scene. Bancroft explained: “Caltrans put out false information to justify a four-lane bypass. The people of Willits designed an alternative route that would not be so expensive or destructive, and it was ignored.” The project’s cost at this point is $210 million.

“Caltrans is attempting to mitigate for the loss of wetlands on an unprecedented scale, using an untried method with no long term manager and without long term funding to sustain it,” said Ellen Drell, founding board member of the Willits Environmental Center. “They’re replacing an already functioning wetland with a speculative plan.”

Caltrans purchased one third of the entire Little Lake Valley in an effort to mitigate for this project, which will cause the largest loss of wetlands in 50 years. In a scheme that they themselves acknowledge to be experimental, Caltrans will excavate 266,000 cubic yards of wetland soils, gouging out unnatural depressions. In other areas the plan calls for stripping off existing vegetation and replacing it nursery grown plants.

“The total price tag of this mitigation travesty to the taxpayers is $54 million dollars,” said Drell.

The Mendocino Conservation Resource District (RDC), which Caltrans assumed would take over management of the mitigation plan, has declined to accept ownership of the mitigation lands or responsibility for its management, after reviewing the mitigation plan. Thus the plan is moving forward with no manager, leaving one-third of valley lands with Caltrans as the sole owner, and no plan for the future. While there is funding for earth moving, planting and 40 miles of fencing, there is zero funding for land management, including rotational grazing for cattle, oversight, maintenance, and flood control.

Protests over the Willits Bypass freeway have been ongoing since January when a young woman, Amanda Senseman, calling herself “Warbler” took up residence high in a pine tree on the route. Her tree-sit, and five others were ended after two months in a huge military-style operation by CHP swat teams. “Warbler” returned to the trees this week, this time in a rare wetland ash forest at the north end of the route. Over 30 people have been arrested, and rallies, petitions, protests and a lawsuit continue.

(Courtesy, SaveLittleLakeValley.org)

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PinkLadiesTHE FIRST pink ladies have appeared, those perennially startling swathes of improbable color in the most unexpected places, especially those otherwise sere summer hillsides.

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FORMER LEGGETT MAN ARRESTED IN CAMBODIA FOR CHILD SEX CRIMES

According to the Cambodian Daily, John Stahl, who is on the most wanted list of Mendocino County on multiple arrest warrants including one related to “child-sex offenses,” was arrested July 20th in the Preah Sihanouk province. The paper explained,

Yi Moden, acting director of Action Pour Les Enfants (APLE), which monitors sexual abuse cases involving minors, said the local NGO’s investigations had found that Mr. Stahl had been living in Cambodia for about four years and was the co-owner of the beachside Cafe Noir establishment in Sihanoukville.

Mr. Moden said APLE staff had begun monitoring Mr. Stahl about a year ago when another NGO that works with young children said it had suspicions about the American.

“So far, no children in Cambodia were reported to be abused by him,” Mr. Moden said of the American who was detained at his rented apartment in Buon commune on Saturday morning.

StahlStahl, shown on the right in a photograph taken from a biography associated with his small publishing company, is the author of several books including one entitled “The Laughter of God” which is dedicated to “Children and young people everywhere. You are the future of the human race; take it further.”

Stahl was wanted in 2012 in Mendocino County for failing to register as a sex offender. Stahl is also the founder of The Church of the Living Tree. Its motto is “Do no harm.

Hat tip to the Press Democrat which has more information.

Kym Kemp (Courtesy, LostCoastOutpost.com)

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A 14-YEAR-OLD FORT BRAGG BOY DIED WEDNESDAY when his 2000 Yamaha ATV rolled over on him. Ryan Kinney had been camping with his father and several friends on private property on Annapolis Road near the Sonoma-Mendocino County line when about 2pm, he went for a ride on his ATV. When he didn’t return, his father and friends went looking for the boy, only to discover him dead. The CHP report says Kinney had been wearing a helmet. The accident remains under investigation as officers try to understand how the boy lost control of the vehicle.

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LETTER OF THE DAY

Editor,

A totally preventable tragedy. The story as I know it: Escalade, a large brown and white dog and owned by a man named George who lives in Clearlake, disappeared from his yard. Strayed, picked up, stolen? George reported him stolen, made trips to various animal controls including two to the shelter in Ukiah. It was said no one saw him until one officer said they all knew him and that he had been adopted out two weeks ago.

Now legally, if a dog is unclaimed for a certain number of days and then adopted out, he/she is legally the property of the adopters. That is the legality of it. And of course, the tragedy is that if the dog is microchipped, then it has a much greater chance of being reunited with its person. I keep reading these wonderful stories of dogs and cats found thousands of miles away and identified through microchips. I do know that they are cheap now. You can have one in your dog or cat for $10 or $15.

The only hope for George to have his companion of ten years back is if the people who adopted him give Escalade back to him. He has offered to pay whatever they paid for him. That of course would be the morally correct action for them to take. No ifs, ands or buts about it. George and Escalade have a solid ten year relationship. Even if George was not a former Prisoner of War in Vietnam, even if he was just the guy on the corner, Escalade in every way (other than legally at this moment) is his dog.

This is not the first time a much loved dog has for some reason ended up at Animal Control and been adopted to another person or family and not returned to their person. It was a tragedy 10 years ago and it is a tragedy now. I know how quickly I become attached to some of the 300 foster dogs that I have had over the last 15 years. I know how a well loved dog can fit in another household easily. I also know how totally devastating it is to lose a dog to illness or old age. I do not know how these people can keep Escalade knowing how much George misses him. There are thousands of truly homeless dogs that need a good home. Escalade has a home.

Now, more time has gone by, Escalade and George, his rightful owner, have NOT been reunited! George made two trips to the shelter in Ukiah. The staff denied that any of them even remembered him being there. Then one of their officers walked in and said, “Oh yeah, we know that dog well. He was adopted two weeks ago.” Then “suddenly” the rest of the staff remembered him. I think they remembered him from the start, they just didn’t want to admit they knew anything.

I’m trying to help George any way I can to get Escalade back. It is not George’s fault his baby was stolen from his property in Clearlake and then abandoned in Ukiah. Now, that the Ukiah shelter knows the dog was stolen it is their responsibility to get the dog back, or they are guilty of receiving and selling stolen property. George is even willing to refund the new adoptees the money back they paid the shelter for Escalade. This is more than wrong of the shelter to keep this man from his therapy dog, and his four legged son of 10 years. George has had to start counseling through the Veteran’s Administration because he is so upset. If any of you would like to call and complain to the shelter about this, their number is (707) 463-4427. This will be a voice mail more than likely, and please be polite about your complaint because we are still attempting to get Escalade back to George, and do not want to make the shelter angry.

Their Facebook page is

www.facebook.com/mendocino.animal.

Eliza Wingate, Upper Lake.

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ScottSimonWE’VE ALWAYS CONSIDERED Scott Simon a “rum character,” as the Brits call cracked or bogus persons. Simon, the smarmy NPR radio phony, has taken self-regard and all-round phoniness — “extreme douchebaggery,” as a young person might assess it — to a new low. He’s turned the death of his mother into a demonstration of his own pious devotion to Mommy, tweeting their joint “emotions” as the old girl checked out last week. Mom, I suppose, has to be excused; but I can’t imagine another family who would convert deathbed narcissism to national spectacle. Of course Simon’s perfect for NPR and the NPR demographic, but still this is… I’m beyond appalled.

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droneranger========================================================

OFF-SITE BOARD OF SUPERVISORS MEETING, AUG. 13, 2013

On August 13, 2013, the Mendocino County Board of Supervisors will meet at Fort Bragg Town Hall, 363 N. Main Street, in Fort Bragg, California, for both a regularly scheduled meeting of the Board, and a joint meeting with the Fort Bragg City Council.

Despite continued fiscal challenges, the Board of Supervisors strongly supports preserving the policy of off-site meetings, affording constituents in rural communities and in every district an opportunity to directly participate in their local government.

Beginning in 2006, the Board’s adopted annual calendar has called for up to three of its regularly scheduled meetings to be held in outlying areas of the county. The primary focus for off-site meetings has been our coastal communities and the north County. Over the past seven years, meetings have been held in Boonville, Covelo, Gualala, Mendocino, Point Arena, and Willits.

The Board meeting on August 13, 2013, is scheduled to begin at 10am. Following the opening of the meeting, the Board of Supervisors will hold an appeal hearing related to the State Parks dune restoration project at MacKerricher State Park. At 3pm, the Board will participate in a joint meeting with the Fort Bragg City Council, addressing the topic of a new commercial transfer station.

Dan Hamburg, Board Chair, shared the following comments: “The entire Board is looking forward to spending the day in Fort Bragg. There are two critical issues — the Haul Road and the transfer station — that will be front and center in the Board’s consideration. We anticipate, and hope, that many members of the community will attend!”

The public is welcome and invited to attend all Board meetings. For more information, please contact the Mendocino County Executive Office at (707) 463-4441, or visit the website at: www.co.mendocino.ca.us/bos/meetings.htm. The full agenda and supporting material will be available online after Thursday, August 8, 2013. The meeting will be recorded for delayed broadcast.

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STATEMENT OF THE DAY UNO

“Going to church was a twofold coercion. My parents and my school insisted on it, and the school even took attendance at Mass. Young nitwit that I was, I couldn’t make this kind of weekend surveillance jibe with the omniscience attributed to the Good Lord. I also had trouble with the fact that one of our classmates was allowed to absent himself from all church services on the basis of a medical certification. This kid Wilhelm was as healthy as a lumberjack, but his father was the richest taxpayer in town, a millionaire who could afford his own concordat with the church. Our family used the same devout Catholic doctor, but we wouldn’t dream of requesting a similar dispensation. My father was not in a salary range that would have permitted him to enter into negotiations with God’s representatives. When he finally worked his way up to the point where he could have greased the Lord’s palm, I had long since sprung free of the whole dishonest mess. It didn’t cost me a dime, but it cost me many a sleepless night and threw the course of my education out of balance. For years, Sundays remained poisoned days for me, and for years I nursed a strong mistrust of a Church that I was unable to square with the God who was said to reside within its walls.”

— Albert Vigoleis Thelen, 1953; from “The Island of Second Sight”

STATEMENT OF THE DAY DOS

As a child I suffered from a condition that someone once referred to as Sunday melancholy. Later this affliction extended to the remaining days of the week, and then it was no longer anything special, considering that I had been able to summon a certain amount of energy to counter it. I recall Sunday mornings when the sun shone through the slits in the venetian blind into my room, turning everything into a celebration. Every flower on the wallpaper looked different, even though the pattern replicated them a thousand times. I knew each and every exemplar by heart, and discovered more and more new transformations. On the street outside there was no rattle of trucks passing by: on Sundays commercial traffic was prohibited. Sunday! Gradually my not quite wide-awake brain registered the truth: no school, no humiliation, no teasing, no punishment, no homework, nothing — just Sunday, the most comforting day.  But then I burst awake and remembered: You have to go to church! Gone was my summery meadow of a thousand blossoms. All the roses looked alike and crummy and cheap, fifty cents a yard and pasted up at all the wrong angles.

— Albert Vigoleis Thelen, 1953; from “The Island of Second Sight”

STATEMENT OF THE DAY TRES

That capability at any time could be turned around on the American people and no American would have any privacy left, such is the capability to monitor everything. Telephone conversations, telegrams, it doesn’t matter. There would be no place to hide. If this government ever became a tyranny, if a dictator ever took charge in this country, the technological capacity that the intelligence community has given the government could enable it to impose total tyranny, and there would be no way to fight back, because the most careful effort to combine together in resistance to the government, no matter how privately it was done, is within the reach of the government to know. Such is the capability of this technology. I don’t want to see this country ever go across the bridge. I know the capability that is there to make tyranny total in America, and we must see to it that this agency and all agencies that possess this technology operate within the law and under proper supervision, so that we never cross over that abyss. That is the abyss from which there is no return.

— Senator Frank Church, 1975

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FOR PURE POLICE scumbaggery or, as it was described in the outrageous case of Mendocino County’s John Dalton, “egregious government misconduct,” it’s hard to beat the DEA. (We’ll return to the Dalton case.)

DanielChongIN APRIL of 2012, Daniel Chong, 23, an engineering student at UC San Diego, was at a friend’s house when the DEA burst through the door. Chong had nothing to do with the guns and 18,000 ecstasy pills the drug boys confiscated. But he was there, and if you’re there you’re going to be detained while who’s responsible for what is sorted out.

CHONG WAS TOLD he wouldn’t be charged, but he was nevertheless placed in a 5-by-10-foot holding cell where he was found four days later severely dehydrated and covered in his own feces. In all that time, nobody had looked in on him; he had received no food, no water. By day four, assuming he was about to die, Chong used a glass shard, to carve “Sorry Mom” into his arm, but could only manage the “s.” When he was finally freed by the incompetents who’d tossed him into the cell and forgotten he was there, Chong had to be hospitalized for dehydration, kidney failure, cramps, and a perforated esophagus. He said he drank his own urine to stay alive.

CHONG’S ATTORNEY, Eugene Iredale, said last week that no one from the DEA has been disciplined, let alone fired, for nearly killing Chong who has been awarded $4.1 million in damages. Incredibly, the DEA, post-Chong, has only now instituted a detainee policy that includes daily inspections and cell cameras.

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JOHN DALTON, as AVA readers know, remains in the federal prison at Lompoc for a Laytonville marijuana bust nearly 20 years ago. The DEA literally seduced Dalton’s wife, entertaining her with rides in a police helicopter and arranging for her to place a tape recorder beneath the marital bed, finally moving the woman, to whom Dalton thought he was still married, to the state of Washington without Dalton’s knowledge. This behavior by the DEA was not, according to a San Francisco-based federal judge, “egregious government misconduct.” One has to wonder what the hell is.

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GW PHARMACEUTICALS is testing a treatment for Type 2 diabetes derived from marijuana. Known as GWP42004, GW hopes to “improve the pancreas’ ability to produce insulin to drop blood-sugar levels.”

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RANDOM SHOTS: The only way to get performance enhancing drugs out of sports is a life-time ban for the first offense. Take baseball, and take it from a guy who remained seated every time Barry Bonds jacked a splash home run — it’s being ruined by cheaters. And it’s one of the few sports left for people of normal size and athletic gifts, but the new drugs not only make guys unnaturally strong, vision is improved to where the baseball looks softball size as it crosses the plate. Bonds was a great ballplayer before peds, after he was a joke, seems to me. And now this collection of clowns ranging from Ryan Braun to that middle-age relief pitcher for the A’s who has miraculously retrieved the fastball he had as a 19-year-old is making a mockery of the game. Football? Don’t even try to tell me those guys aren’t on the stuff.

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LAST WEEK, the San Francisco Bay Guardian ran a statement that began, “Join us for a community forum on the future of San Francisco’s venerable alternative weekly…”

WHY? A free, ad-dependent weekly newspaper, especially one produced in Neener-Neener Land, can only hang on by deferring to the dead, flabby hand of the Democratic Party apparatus that dominates The City, while simultaneously touting every lunatic occurrence as somehow in the grand Frisco tradition of carefree zaniness. If the paper at least occasionally took out after the board of supervisors, as grand a group of feebs and hustlers as the city has seen in my lifetime, it might not have to resort to bogus community input sessions. Ditto for Mayor Lee, the cops, the fire department, city workers, Critical Mass, Larry Ellison, the Dog People, street people, the ongoing give away of prime real estate to the One Percent and on and on. Ask San Franciscans what they want, and most of them will shout back, “Me! Me! More! More of the same!”

IN ANY CASE, a newspaper is not a committee. One reason journalism in this country is so awful, so craven, is lawyers and accountants now make editorial decisions, that and editors who are so craven they give chickenshit a bad name. Then you have j-schools emphasizing “objectivity” (code for “don’t disturb the rich”) plus term-paper prose and the art of nuzzlebumming. Calling a community meeting to discuss your newspaper is beyond pathetic.

PS. The crack about the SF supervisors being feebs? You want proof? According to Matier & Ross, old school reporters, The City’s Recreation and Parks Dept., which owns Candlestick, “handed out more than $25,000 in tickets to SF politicians, department officials and their friends for Jay Z and Justin Timberlake’s ‘Legends of the Summer’ concert…”

WORSE, the supervisors actually wanted to attend!

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Cable

Cable

DR. BRIAN MARCEL
 CABLE, 48, a Ukiah orthopedic surgeon associated with Ukiah Orthopedics, was arrested Wednesday on charges of “possession of controlled prescription narcotics,
 fraudulently obtaining controlled prescription narcotics, using another
 person’s identity for an unlawful purpose, burglary and conspiracy.”
 County, state and federal investigators served 
search warrants at Cable’s Redwood Valley home and office with the Ukiah Police Department making the arrest. Odd thing about the arrest is that when Cable was booked into the County Jail, the charge was merely “theft from a motor vehicle.” Cable graduated from the UCLA School of Medicine in 1993 and has practiced medicine since January of 1995.

Mendocino County Today: August 3, 2013

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A SCREAM IN THE NIGHT. A man doing a night time owl survey for the Mendocino Land Trust near the tracks on the Willits end of the Skunk line back on May 31st heard what he described as “incoherent screaming” when he shined a light in an outbuilding. Although the owl surveyor reported the screaming to the Land Trust, and the Land Trust relayed the report to the Skunk Line, and a Skunk crew searched the area, the Sheriff’s Department and the wife of Erik Lamberg, missing since May 28th, didn’t learn of the eerie screeching until late in July. Mrs. Lamberg has since said that in his “most paranoid state,” her mentally ill and missing husband screams out in fear at non-existent threats.

Lamberg in various family photos

Lamberg in various family photos

LAMBERG, 51, of Hermosa Beach, was last seen in Laytonville where he spent the night at the Budget Inn. His wife has described him as being “bipolar, off his medication and having drug addiction issues.” She said he left home on May 23 and was driving to Oregon to enroll in a sober-living program. Lamberg, a fit-looking 6’5” 200 pound man, stayed in daily contact with Mrs. Lamberg until May 27. She reported him missing two days later when he didn’t respond to her calls, texts, e-mails or Facebook posts.

WEDNESDAY, Lt. Shannon Barney of the Mendocino County Sheriff’s Office assembled a search team of 40 ground personnel and five tracker dogs for a search of the rugged country along the Skunk track west of Willits. Barney told the Willits News and the Ukiah Daily Journal that his team had found “fir tree boughs laid on the floor and recent signs of a warming fire” at the Clare Mill Station, but could not determine how recently someone had camped there. The Crowley Station area also yielded signs that have encouraged a second search of the woods along the track next week, an area north of where Lamberg’s Honda was found on Sherwood Road.

LAMBERG’S 2004 silver Honda Odyssey was found mired in a ditch on Sherwood Road on June 1st amid signs that the disoriented man had tried unsuccessfully to extract his vehicle before walking west on Sherwood, then, reversing himself, walking east. The Skunk tracks lie north of Sherwood Road in hilly terrain covered with the thick brush that grew up after the L-P and G-P clearcuts of the 1990s.

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BLAST FROM THE PAST:

ElvisPagetBerle“Perhaps I have seen worse television displays, but the tasteless pair served up by Milton Berle Tuesday night has made me forget them. Maybe Uncle Miltie should be complimented. After all, it takes a certain amount of ability to co-star the two least talented people in show business, Debra Paget and Elvis Presley. Their combined displays of flesh and fantasy were in such appalling taste that had I not been exposed to both of them in person, I would have thought NBC was kidding. First we got Elvis Presley, a sort of male burlesque queen. And we got him right in the face. It is the weakest face I have ever seen. There is as much character there as you’ll find in a bowl of tapioca pudding.

ElvisLiberaceIt pains me to say this, but beside him Liberace looks as rugged as Abraham Lincoln. Mr. Presley sings and moves to the steady beat of rock ‘n roll. I have seen burlesque girls move in such a manner on the ramp of the El Rey, but I have never seen a man go through the same motions. As if the first number with Elvis wasn’t enough, a midget came out right afterward and imitated him.”

— Terence O’Flaherty, SF Chron, June 7, 1956)

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THAT’S HER!

Editor,

Devil Girl?  You mean the Creole sex goddess with the big firm booty and the giant hard knockers and the foot long tongue?  The Devil Girl that made hash out of Mr. Natural and Flakey Foont?  As drawn by the demented lust-freak, R. Crumb, who sits atop a pile of battered women in HUP #3, dangling his dong into an unconscious mouth? Why–why–this is pornography, Mein Redaktor!!  Your duty is clear!  Wrap up this Evil Portrait and mail it to me immediately!!

Yrs, Jay Williamson

DevilGirlED NOTE: Crumb is a great artist, and Devil Girl, in all Crumb’s renditions of her, is a work of art.

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TRIPLE-MURDER SUSPECT SHANE MILLER could be in Mexico according to federal court documents, the Redding Record Searchlight reported Wednesday.

Investigators in the murder of a Shingletown woman and her two young daughters believe the Humboldt County native and lone suspect may have fled to property he bought in Oregon and could now be in Mexico, according to the documents.

Miller, 45, who was added to the US Marshals Service’s “15 Most Wanted” list on Tuesday, was the subject of a massive manhunt in the Mattole Valley last May.

Authorities say he gunned down his wife Sandy and daughters Shelby Miller, 8, and Shasta Miller, 4, in their Shingletown home in Shasta County on May 7 before fleeing 200 miles to Humboldt County, where he abandoned his truck and the family dog.

Miller has been indicted for unlawful flight to avoid prosecution in US District Court in Sacramento, according to electronic court records. A federal complaint filed in May was quickly sealed at the request of federal prosecutors but unsealed last month at the request of federal marshals.

Federal prosecutors in their request to unseal the complaint said Miller could be in Mexico.

In an affidavit filed to obtain the federal unlawful flight warrant, Supervisory US Marshal Marco Rodriguez said law enforcement officers believed Miller may have run to Oregon after the murders, possibly to somewhere near Roseburg or Eugene.

Roseburg is about 250 miles north of Redding on Interstate 5 while Eugene is about 72 miles north of Roseburg.

Authorities consider Miller armed and dangerous. He has been charged with three counts of murder in Shasta County and officials said he threatened the lives of several other family members.

A reward of up to $25,000 is offered for information leading directly to Miller’s arrest. The US Marshals Service asks anyone with information to connect one of its offices or the U.S. Marshals Service Communications Center at 1-800-336-0102.

At a glance: Shane Miller

Height: 5 feet, 10 inches tall

Weight: 200 pounds

Hair: Red

Eyes: Blue

Reward: $25,000

Anyone with information is asked to call 911 or the nearest US Marshals Office or 1-800-336-0102

MillerWanted========================================================

F. SCOTT FITZGERALD’S MUST READS

Sister Carrie: Theodore Dreiser

The Life of Jesus: Ernest Renan

A Doll’s House: Henrik Ibsen

Winesburg, Ohio: Sherwood Anderson

The Old Wives’ Tale: Arnold Bennett

The Maltese Falcon: Dashiel Hammett

The Red and the Black: Stendahl

The Short Stories of Guy De Maupassant

An Outline of Abnormal Psychology: edited by Gardner Murphy

The Stories of Anton Chekhov

The Best American Humorous Short Stories

Victory: Joseph Conrad

The Revolt of the Angels: Anatole France

The Plays of Oscar Wilde

Sanctuary: William Faulkner

Within a Budding Grove: Marcel Proust

The Guermantes Way: Marcel Proust

Swann’s Way: Marcel Proust

South Wind: Norman Douglas

The Garden Party: Katherine Mansfield

War and Peace: Leo Tolstoy

John Keats and Percy Bysshe Shelley: Complete Poetical Works

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NORM FLUHRER on the Coast tells us that Scott Schneider, the “President and CEO” of Visit Mendocino County (which is subsidized by County taxpayers and a self-assessment on B&Bs, wineries and restaurants) makes about $95.5k per year for an average of 35 hours per week. (For more information about the “Promotional” ripoff that Schneider heads and what prompted Mr. Fluhrer to to comment, refer to the Mendocino County Today posting of July 28 at

http://theava.com/archives/23124

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A GATHERING OF GHASTLIES

Jared Huffman Invites You to a Harvest Celebration.

HuffmanGatheringPlease join Jared along with hosts Deborah Cahn and Ted Bennett for a tasting of Navarro wine with locally made appetizers in the garden at Navarro Vineyards Sunday, August 25, 3-5pm. Thank you to our generous sponsors: Rachel Binah, John Fetzer, Phyllis Curtis, Kit Elliot, Carre Brown and others. Tickets $25.00 per person.

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IF YOU’RE THINKING of becoming a hippie, or you are a hippie but are too stoned to find compatible nests, according to Estately, a real estate website, these are the best places to do it:

17. Arcata, CA

16. Bloomington, IN

15. San Francisco, CA

14. Manitou Springs, CO

13. Berea, KY

12. Oakland, CA

11. Missoula, MT

10. Bisbee, AZ

9. Austin, TX

8. Berkeley, CA

7. Ithica, NY

6. Burlington, VT

5. Portland, OR

4. Boulder, CO

3. Asheville, NC

2. Olympia, WA

1. Eugene, OR

Estately’s criteria? “Availability and legality of marijuana, number of stores selling hemp, local counter-culture icons (human-type, presumably), tie-dye availability, hippie festivals, progressive government (har de har), intensity of Occupy protests…”

HAVING LIVED IN EUGENE, certainly a city home to thousands of the righteous, but also a city that has paved over thousands of acres of wetlands for endless sprawl, and a local government “progressive” only rhetorically, I’d say whatever the hippie quotient may be they’ve been paved over, too. As for Frisco, well, only a rich stoner can afford to live there. The icons? Eugene has produced two writers of note: Ken Kesey and Richard Brautigan; Frisco-Oakland can boast Jack London and the beatniks. Kesey’s the only hippie who ever produced anything worth reading. Brautigan was a juicer, and never was a hippie, although hippies claimed him.

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“WHAT’S THERE TO LIVE FOR?


Who needs the peace corps?

Think I’ll just DROP OUT


I’ll go to Frisco

Buy a wig & sleep

On Owsley’s floor

Walked past the wig store

Danced at the Fillmore


I’m completely stoned

I’m hippy & I’m trippy


I’m a gypsy on my own


I’ll stay a week & get the crabs &


Take a bus back home

I’m really just a phony

But forgive me


’Cause I’m stoned


Every town must have a place

Where phony hippies meet

Psychedelic dungeons

Popping up on every street

GO TO SAN FRANCISCO. . .”

Who Needs The Peace Corps?

—Frank Zappa

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YesWeScan========================================================

THE PLIGHT OF THE FARMER CONTINUES

Still Reaping a Harvest of Shame

by Ralph Nader

The great reporter Edward R. Murrow titled his 1960 CBS documentary Harvest of Shame on the merciless exploitation of the migrant farmworkers by the large growers and their local government allies. Over fifty years later, it is still the harvest of shame for nearly two million migrant farmworkers who follow the seasons and the crops to harvest our fruits and vegetables.

As a student I went through migrant farmworker camps and fields and wrote about the abysmally low pay, toxic, unsafe working conditions, contaminated water, housing hovels and the complete absence of any legal rights.

It is a perversely inverted society when the people who do the backbreaking work to harvest one of the necessities of life are underpaid, underinsured, under-protected and under-respected while the Chicago commodity brokers – where the white collar gamblers sit in air-conditioned spaces and speculate on futures in foodstuffs’ prices – are quite well off, to put it modestly.

It probably won’t surprise you that the grapes, peaches, watermelons, strawberries, apricots and lettuce that you’re eating this week are brought to you from the fields by the descendants of the early migrant workers. Their plight is not that much better, except for the very few working under a real union contract.

Start with the exclusion of farmworkers from the Fair Labor Standards Act. Then go to the EPA’s Worker Protection Standard (WPS), which is aimed at protecting farmworkers and their families from pesticides but is outdated, weak and poorly enforced.

Continue on to the unyielding local power of growers and their campaign-cash indentured local, state and Congressional lawmakers. The recent shocking description of the tomato workers in central Florida in Chris Hedges and Joe Sacco’s book Days of Destruction, Days of Revolt, shows how close defenseless migrant workers can come to involuntary servitude.

In a recent television interview, featuring Baldemar Velasquez – a vigorous farm worker organizer – Bill Moyers summarized the period since Harvest of Shame: “Believe it or not, more than fifty years later, the life of a migrant laborer is still an ordeal. And not just for adults. Perhaps as many as half a million children, some as young as seven years old, are out in the fields and orchards working nine to ten hour days under brutal conditions.” (See http://billmoyers.com/episode/full-show-fighting-for-farmworkers/ for the full interview.)

Among the conditions Moyers was referring to are the daily exposures to pesticides, fertilizers and the resulting chemical-related injuries and sicknesses. Far more of these pesticides end up in the workers’ bodies than are found in our food. President of Farmworker Justice, Bruce Goldstein writes: “Short-term effects include stinging eyes, rashes, blisters, blindness, nausea, dizziness, headache, coma and even death. Pesticides also cause infertility, neurological disorders and cancer.”

In a recent letter appeal by the United Farm Workers (UFW), the beleaguered small union representing farmworkers, these ailments were connected to real workers by name. Focusing on the large grape grower – Giumarra Vineyeards of California – the UFW describes one tragedy of many: “After ten hours laboring under a blazing July sun, 53-year-old Giumarra grape picker Asuncion Valdivia became weak, dizzy and nauseated. He couldn’t talk. He lay down in the field. The temperature was 102 degrees.

Asuncion’s 21-year-old son, Luis, and another worker rushed to his aid. Someone called 911. But a Giumarra foreman cancelled the paramedics. He told Luis to drive his father home. They reached the emergency room in Bakersfield too late. Asuncion died on the car seat next to his son.”

For backbreaking work, kneeling 48 hours a week on crippled joints, 29-year-old Alejandro Ruiz and other farmworkers are not making much to live on. The federal minimum wage of $7.25 an hour does not apply to farmworkers. Workers without documents are often paid less than those with documents. In most cases, they are too frightened to consider objecting.

It is so deplorable how little the members of Congress from these farm Districts have done to improve the plight of migrant farm workers. Members of Congress could be raising the visibility of deplorable working conditions faced by farmworkers and allying themselves with urban district Representatives concerned about food safety. This partnership could raise awareness of the safety of the food supply, the careless use of agricultural chemicals, and press the EPA to issue a strong WPS that emphasizes training, disclosure of chemical usage, safety precautions prior to spraying and buffer zones.

Is there a more compelling case for union organizing than the farm workers who sweat for agri-business? Federal labor laws need to be amended to improve national standards for farmworkers and eliminate existing state fair wage and health barriers. California has the strongest law, passed under the first gubernatorial term of Jerry Brown in 1975. Even this law needs to be strengthened to overcome the ways it has been gamed by agri-business interests.

Next time you eat fruits or vegetables, pause a moment to imagine what the workers who harvested them had to endure and talk up their plight with your friends and co-workers. Remember, every reform starts with human conversations and awareness. (For more information see http://www.ufw.org/ and http://www.supportfloc.org/.)

(Ralph Nader is a consumer advocate, lawyer and author of Only the Super-Rich Can Save Us! He is a contributor to Hopeless: Barack Obama and the Politics of Illusion, published by AK Press. Hopeless is also available in a Kindle edition.)

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CALIFORNIANS OPPOSE EXPANDED FRACKING

by Dan Bacher

A poll released by the Public Policy Institute of California (PPIC) on July 31 reveals that the majority of Californian residents oppose expanded fracking in the Golden State.

Fracking (hydraulic fracturing) employs huge volumes of water, mixed with sand and toxic chemicals, to blast open rock formations and extract oil and gas. The technique is environmentally destructive, resulting in pollution to groundwater supplies and streams, as documented in the documentary films Gasland 1 and 2, directed by Josh Fox.

“As state legislators debate stricter regulations on fracking—already under way in California—51 percent oppose increased use of the drilling method used to extract oil and natural gas (35% favor it, 14% don’t know),” according to PPIC, a nonpartisan research foundation. “Asked whether they favor or oppose stricter regulation of fracking, 50 percent say they are in favor. Among those who favor increased use of fracking, 62 percent also favor stricter regulation.” (http://www.ppic.org/main/pressrelease.asp?i=1378)

The controversial technique, currently unregulated and unmonitored by California officials, has been used in hundreds and perhaps thousands of oil and gas wells across the state, according to the Center for Biological Diversity.

The survey asked about another hotly debated plan to increase the supply of oil: construction of the Keystone XL pipeline to carry oil from Canada to Texas refineries. Half of Californians (51%) favor building the pipeline, 34 percent oppose it, and 15 percent don’t know, according to PPIC.

“Californians are conflicted when it comes to controversial efforts to expand the oil supply,” said Mark Baldassare, PPIC president and CEO. “Slim majorities favor building the Keystone XL pipeline but also oppose fracking, with many wanting stricter regulation of the practice.”

The poll also revealed that the majority of Californians are opposed to expanded offshore oil drilling, with 54 percent opposing and 41 percent favoring more oil drilling off California’s coast. Among those living in coastal areas, 57 percent oppose more drilling, while those inland are divided (49% favor, 47% oppose).

Delta advocates fear that much of the water destined for the proposed peripheral tunnels under the Bay Delta Conservation Plan (BDCP) will be used to expand fracking in California. The tunnels will hasten the extinction of Central Valley Chinook salmon, steelhead, Delta and longfin smelt, green sturgeon and other fish species.

As oil companies gear up to frack massive petroleum deposits in the Monterey Shale and build the Keystone XL Pipeline, the poll also found that 65 percent of Californians say the state should act immediately to cut greenhouse gas emissions.

The poll puts new pressure on state lawmakers and regulators and Gov. Jerry Brown to halt fracking expansion in the state. A USC/Los Angeles Times poll in June found that more than half of California voters — 58 percent — favor a moratorium on fracking.

It’s time for a fracking moratorium

“Californians are telling pollsters and policymakers they don’t want fracking pollution fouling up our state,” said Kassie Siegel of the Center for Biological Diversity. “There’s strong public support for a moratorium on this dangerous practice. We need to stop the oil industry’s fracking expansion now, while there’s still time to protect the air we breathe, the water we drink and the climate we depend on.”

Oil companies, represented by the Western States Petroleum Association (WSPA), are increasingly interested in fracking the Monterey Shale, an oil-laden geological formation beneath some of the state’s most productive farmland, important fish and wildlife habitat and scores of towns and cities. Much of the shale is located off the California coast in and near controversial “marine protected areas” that fail to protect the ocean from fracking, oil drilling, pollution and other human impacts other than fishing.

“Fracking routinely uses numerous toxic chemicals, including methanol and benzene. A recent Colorado School of Public Health study found that fracking increases cancer risk and contributes to serious neurological and respiratory problems in people living near fracked wells,” according to Siegel.

Fish and wildlife are also at risk. Fish, including endangered Central Valley Chinook salmon and steelhead, can die when fracking fluid contaminates streams and rivers. “Birds can be poisoned by chemicals in wastewater ponds and the intense industrial development that accompanies fracking pushes threatened or endangered animals out of wild areas they need to survive,” Siegel stated.

“Drilling and fracking also release huge amounts of methane, an extremely powerful global warming gas,” said Siegel. “Methane is about 105 times more potent than carbon dioxide as a greenhouse gas over a 20-year period. Burning the estimated 15.5 billion barrels of oil in the Monterey Shale will generate more than 6.6 billion metric tons of carbon dioxide, according to calculations based on Environmental Protection Agency figures.”

Besides threatening groundwater supplies, endangered salmon and steelhead in the state’s rivers and bird populations through the state, fracking also poses an enormous rise to California’s marine waters.

Ocean fracking operations in Santa Barbara Channel approved

An investigative piece by Mike Ludwig at http://www.truthout.org on July 25 has confirmed that federal regulators approved at least two fracking operations on oil rigs in the Santa Barbara Channel off the coast of California since 2009 without an updated environmental review that critics say may be required by federal law.

These operations were approved as state officials and corporate “environmental” NGO representatives gushed about the alleged “Yosemites of the Sea” and “underwater parks” created in Southern California waters under the “leadership” of Catherine Reheis-Boyd, President of the Western States Petroleum Association.

“The offshore fracking operations are smaller than the unconventional onshore operations that have sparked nationwide controversy, but environmental advocates are still concerned that regulators and the industry have not properly reviewed the potential impacts of using modern fracking technology in the Pacific outer continental shelf,” said Ludwig. (http://www.truth-out.org/news/item/17765-special-investigation-fracking-in-the-ocean-off-the-california-coast)

“Oil drilling remains controversial in Santa Barbara, where the memory of the nation’s third-largest oil spill lingers in the minds of the public. In 1969, the nation watched as thick layer of oil spread across the channel and its beaches following a blowout on an oil rig, killing thousands of marine birds other wildlife. The dramatic images helped spark the modern environmental movement and establish landmark federal environmental laws that eco-groups continue to challenge the government to enforce,” Ludwig noted.

The current push by the oil industry to expand fracking in California, build the Keystone XL Pipeline and eviscerate environmental laws was made possible because state officials and MLPA Initiative advocates greenwashed the key role Reheis-Boyd and the oil industry played in creating marine protected areas that don’t protect the ocean.

Reheis-Boyd chaired the Marine Life Protection Act (MLPA) Blue Ribbon Task Force to create alleged “marine protected areas” that fail to the protect the ocean from fracking, oil drilling and spills, pollution, military testing, wind and wave energy projects and all human impacts on the ocean other than fishing and gathering. She also served on the task forces for the Central Coast, North Central Coast and North Coast.

Reheis-Boyd apparently used her role as a state marine “protection” official to increase her network of influence in California politics to the point where the Western States Petroleum Association has become the most powerful corporate lobby in California. The association now has enormous influence over both state and federal regulators. (http://www.californiaprogressreport.com/site/lawsuit-filed-against-fracking-oil-lobbyist-says-its-safe)

Oil and gas companies spend more than $100 million a year to buy access to lawmakers in Washington and Sacramento, according to Stop Fooling California (http://www.stopfoolingca.org), an online and social media public education and awareness campaign that highlights oil companies’ efforts to mislead and confuse Californians. The Western States Petroleum Association (WSPA) alone has spent more than $16 million lobbying in Sacramento since 2009.

As the oil industry expands its role in California politics and environmental processes, you can bet that they are going to use every avenue they can to get more water for fracking, including taking Delta water through the peripheral tunnels proposed under the Bay Delta Conservation Plan (BDCP).

The industry will also use its power to expand fracking in the ocean, as evidenced by the recent approval of ocean fracking operations off the Southern California coast, unless Californians rise up and resist these plans!

Mendocino County Today: August 4th, 2013

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DUCK AND COVER

When the bomb drops, Admiral A.G. Cook, civil defense director, suggests San Franciscans lie down with the lions. The lion house at Fleishhacker Zoo is one of 59 public fallout shelters he earmarked on a list submitted to City Property Director Philip D. Rezos yesterday for approval For those too timid to share Armageddon with a lion, the admiral also tagged the elephant house as a shleter. Candlestick Park was on the list as a place to hide, although the admiral did not say how the open stadium could provide protection.

— SF Chronicle, 1962

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— R. Crumb, Rejected New Yorker Cover, 2009, watercolor, ink, and graphite on paper, 14 1/2 x 10 5/8 inches. Courtesy the artist, Paul Morris, and David Zwirner, New York, Copyright ©Robert Crumb, 2009.

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ENGAGING THE SQUARES, AGAIN

 “You know, I always laugh when I hear young white kids speak of some people as ‘squares’ or ‘straights’  - old people, hardened in their ways, in their minds, in their thoughts.  They don’t even have to be old.  You can be an old square at eighteen.  Anyway, calling these people ‘squares,’ an Indian could have thought it up….The Indian’s symbol is the circle, the hoop…. Nature wants things to be round…” — Lame Deer, Lakota Medicine Man
Somehow I got on the mailing list for Nation of Change, a “progressive” newsletter much like many others.  The most radical writer there is Jim Hightower who lately just seems to ride the anti-corporate train.  Since we all know that corporations are evil and Monsanto is poisoning the planet and such, do we really need to be told over and over again?  I tread on thin ice here because I’m about to provide another futile dialog with a hard-core by-the-book right wing believer.  But only because this guy provides useful insight into the futility of communicating with them.  I’m sure we’ve all had arguments of this type.
The article in question was one about Limbaugh and Hannity being dropped from a radio network, likely because paying advertisers had pulled their spots from these shows.  Predictably the hallelujah liberal chorus was cheering this and talking about “hate speech” Limbaugh and Hannity serve to their eager audiences.  Enter yours truly here, where Mr. RW challenged liberals to provide examples of hate speech.
 JC – All one has to do is listen to Hannity or Limbaugh for examples. Religion and politics amount to the same thing. One “believes”in an entity or not depending how strongly it supports one’s own beliefs, opinions, fears, etc. L & H play expertly on fear and anger, whether the fear is of immoral college students, muslims, or poor people who might take away one’s toys and white privilege, or heaven help us, get “something for nothing” in the form of food stamps.
 RW –  Obviously you do not listen to “L & H”. There is no fear and anger. Of course that is what the Left’s knee jerk reaction when someone disagrees with them.   Truth is Detroit. It is the Left that plays on fear and envy! Starve children, cut everything, fair share, take away health care. Give me a break. Have you heard Obama pander? Truth is objective. Liberal values = Detroit. Conservative values = Houston.  Have intellectual curiosity? Listen to “Red Eye Radio”. The most logical program there is, bar none!
JC - One man’s logic is another’s insanity. I’ve had many similar dialogs with right wingers. Same clichés and denials, same beliefs, as rigid and unyielding as those of any religious fanatic. Intellect? There are brilliant minds in the Pentagon and Northrop-Grumman developing new ways to destroy more life. Brain without heart. Your have the facts, the Truth is yours. Have a nice day. P.S. I am not a liberal.
RW -Funny how looking from the Right side it is heart without brain.Which is what causes things like DETROIT.
One man’s logic is another’s insanity. I’ve had many similar dialogs with Left wingers. Same clichés and denials, same beliefs, as rigid and unyielding as those of any religious fanatic. Intellect? WHERE IS THE BEEF? I do not care about labels. I care about the exchange of ideas.
JC – “Where’s the beef?” Another fine example of woefully non-original right wing “argument.” Parroting an old TV commercial. You can’t get less convincing than that.
RW – Yes you can! Just read what you wrote. Tell me where I’m wrong. How about some shining examples of Leftist accomplishments. I know! Detroit.
JC – Accomplishments by liberals, what you think is the “left,” are all things you would argue are “bad.” Food stamps, Medicaid, social security, anything people like you call entitlements for irresponsible ne’er do wells. There really is no discussion here. You speak for well-off white people. If you aren’t well-off, the arguments make even less sense. You will always be ‘right,’ sitting there daring everyone to prove you wrong. Why would it be worth the bother?
RW – See, this where you come off as a racist. My arguments have nothing to do with color. I do not care what color, race, religion, sex, sexual orientation a person is. I take Martin Luther King’s philosophy to heart and to judge a person by his character. Your comment either implies that only white people can be well off or that any person that is not white and happens to be well off, does not have the same concerns as a “well off” white person. The Left is always trying to put people into little boxes in order to control them. I have never been envious of a rich person. I strive to learn from them. Look what Cuba became when they tore down the rich. A safety net is not bad, but a CRADLE is. Are you saying that there is no abuse of these programs? Independence is freedom, You have choices. With dependence you only get what they give you. Why do I do this? I believe in the power of the soap box. You do like intellectual DIVERSITY, don’t you? I wish the Left would stop treating people as “colors” and understand that people are just people. But then, they would lose their power, wouldn’t they?
JC – Putting the left in little boxes there, eh? And I love the right wing dodge of calling anyone criticizing white people racist, while at the same accusing them of name calling. You of course know precisely where the line is between safety net and cradle, because you are morally qualified to judge that and most other things, including the intellectual capacities of those who see things differently from you.
RW –  It is not a dodge. Just read “Nation of Change” and see all the little boxes. The Left is constantly calling people names because they can not deal with the ISSUES. It seemed that anyone disagreeing with Obama was called a racist. YOU brought up color not me. You should try listening to Glenn Beck for another perspective. You still did not answer any of my questions. Talk about DODGING.
JC – I’ve heard Beck and all your other heroes. Beck is an especially narcissistic crackpot. He and the others appeal to your prejudices and teach you to accuse ‘liberals’ of exactly what you do. Why on earth do you deserve to be taken seriously? Nation of Change is a mild liberal publication that takes no chances and is aimed at the politically correct democrats who fancy themselves “progressives.” Do you read it to try and needle “leftists?” To prove them wrong? How tedious. You’ll never believe anything but what you already are convinced of, period. You have the truth in same sense that a Mormon or Jehovah’s witness does. I’m not sure you know what a leftist is. An old woman in southern CA told me “Hillary is a socialist.” And she really believed it. Democrats today are like republicans of the 50′s only not as reasonable. I cancelled my subscription after getting into this futile dialog with you. I’ve been in these useless conversations before and learned about people with your views and beliefs and found them appalling but worth chronicling up to a point.
—  Jeff Costello

 

Mendocino County Today: August 5, 2013

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ORIGINALLY SCHEDULED for August 5th, Will Parrish’s trial is now slated for Monday, September 16th at 9am at the Mendocino County Courthouse. Will is being charged with 12 counts of Unlawful Entry, two counts of Resisting Arrest, and two other misdemeanors in connection with his 12-day occupation of the wick drain driver that CalTrans’ contractor, FlatIron, is using to drain and compact the soils of the Little Lake wetlands. Each charge carries a maximum prison sentence of six months. The charges also relate to Will’s arrests on March 21st and April 2nd while taking action in support of The Warbler’s tree sit.

Under the charges, Will would also be required to pay financial “restitution” for damages CalTrans and the California Highway Patrol say they incurred as a result of his wick drain boom occupation and his other two arrests. This harsh and vaguely defined stipulation would set a dangerous precedent for handling of other Bypass protesters’ cases, of which it seems likely there will be more in the future.

The trial may take 3-4 days. Supporters are still being asked to write letters to Mendocino County District Attorney C. David Eyster.

Eyster had originally charged Will with three infractions. However, the requirement to pay an undisclosed amount of restitution was also included with these charges. Will would also have had to stay away from the Willits Bypass construction area for one year under the terms of “conditional probation.”

Under an infraction, the defendant’s case is presided over by a judge rather than a jury. Will was unwilling to accept the financial restitution stipulation and was also adamant about his right to receive a jury trial, so his attorney asked that Eyster re-file the charges as misdemeanors. Eyster responded by essentially “throwing the book” at him, filing entirely different charges rather than simply re-filing the original three infractions.

On Friday, Will joined an international day of action by conducting a one-day fast in solidarity with prisoners who are hunger striking to demand an end to solitary confinement and four other reforms in California prisons. He says the draconian prosecution of his case is one comparatively tiny expression of the same repressive incarceration system that has led the United States to have the world’s largest prison population, and which has fostered the human rights abuses in California prisons that have precipitated the hunger strike.

On Tuesday, August 6th, Will will speak in Fort Bragg in his first public presentation since being removed from the wick drain driver. The Warbler will also speak. More details to follow.

In other Bypass resistance news, Kim Bancroft, Maureen Kane, and Steve Keyes were released yesterday morning following an arraignment, without charges having been filed. They were arrested and held for two days after locking down to an excavator that has been removing soil from the hillsides in the proposed Bypass’ southern interchange area. They delayed the excavator’s work for more than five hours. About a dozen supporters came out to support their appearance at the Mendocino County Courthouse.

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THE US SUPREME COURT has ruled, the usuals (Thomas, Scalia, and the other clown, Alito) dissenting, that the early release of nearly 10,000 California inmates by year’s end should go forward. Jerry Brown, as always talking left and acting right, and other state officials claim early release would cause a “safety crisis.”

WE KNOW a dozen inmates presently serving unreasonably lengthy sentences who, if they were released today, would not re-offend. And I know two other guys, sentenced to life without at age 19 are not the same men they were when they committed murder. People with direct personal experience of state and federal incarceration will tell anybody who will listen that roughly 20% of the people locked up for long periods of time should be kept locked up. They are irredeemable. But the 80% kept behind bars for periods out of all proportion to their crime, pose no threat to their fellow citizens.

A PANEL of three federal judges had previously ordered the state to cut 
its prison population by nearly 8% — roughly 110,000 inmates — by
 December 31st to avoid conditions amounting to cruel and unusual punishment.
 That panel, responding to decades of lawsuits filed by inmates, repeatedly
 ordered early releases after finding inmates were needlessly dying and 
suffering because of inadequate medical and mental health care caused by 
overcrowding.

COURT-APPOINTED experts found that the prison system had a suicide rate
 that worsened last year to 24 per 100,000 inmates, far exceeding the 
national average of 16 suicides per 100,000 inmates in state prisons.

DON SPECTER of the Berkeley-based Prison Law
 Office said Friday’s Supreme Court ruling underscores what inmates have been arguing for years, but that “conditions are still overcrowded, and the medical and health
care remain abysmal.”

CALIFORNIA has already transferred thousands of low-level 
and nonviolent offenders to county jails where local officials — Humboldt County, for instance — have been forced into releasing some inmates early to ease county jail overcrowding. Mendocino County is running right at legal capacity.

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RECOMMENDED VIEWING: “The Act of Killing” focuses on two jolly, government-sponsored killers the Indonesian military deployed during the Suharto coup of 1965 to murder alleged communists. Perhaps as many as a million people were slaughtered, many of them ethnic Chinese, unaffiliated with communists. Some of the greatest massacres occurred on Bali, long synonymous among American lotus eaters as the ultimate good vibes destination. The Indonesian government still uses a fascist-type militia to suppress demonstrations.

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MORNING CONSULT, a healthcare media company, has commissioned an online poll from Survey Sampling 
International, Inc. which found a stunning 77% of the 2,000 registered voters polled want to see 
Obamacare’s individual health insurance mandate delayed or tossed entirely. Only 11% agreed with the Obama administration’s contention that 
fully implementing ObamaCare will lower 
their “total health care costs, such as appointment co-payments, monthly 
premiums, deductibles and drug co-payments.”

MEMBERS of Congress and their staffs, of course, have made their own deal with the White House to
 subsidize their enrollment in healthcare exchanges out of taxpayer dollars; Americans of ordinary means will struggle to pay between $300 and $500 a month for mandated health insurance under ObamaCare. If they don’t buy coverage, they’ll be fined via the IRS, although the House of Representatives passed a bill Friday that would deny the IRS any funding to operate or enforce the health care law (!)


AMERICANS are supposed to enroll in 
the healthcare exchanges beginning October 1. Government employees are also supposed to enroll in the exchanges, which the
 White House needs to expand by many millions of Americans in order to make 
ObamaCare’s math work.

POLLS INDICATE that more Americans than ever want the ObamaCare law repealed, and a majority disapprove of it. Get this: The ObamaCare call center hired part-time employees — denying them the very 
healthcare benefits they are promoting. The ObamaCare employer mandate has been delayed until 2015 after the 2014 midterm elections so this massive swindle won’t hurt Democrat electoral chances.

THIS LOOMING FIASCO was caused by Obama and the Democrats who invited the health insurance companies to write the “reform” legislation. Republicans, natch, like the free enterprise aspect of it but claim to dislike the compulsory parts, especially the use of the IRS as collection agent. Meanwhile, single-payer, the only feasible approach to mass healthcare, remains on the No Option table because insurance companies oppose it.

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THERE ARE SEVERAL fires burning in the very northern areas of Humboldt and another two in Trinity County, hence some smoke over Mendocino County today.

The Butler Fire, located on the Six Rivers National Forest, is located approximately 10 miles east of Somes Bar, California. Northern California Interagency Team 2 is managing the incident. The following closures remain in effect:

Highway 93 (Forks of Salmon Road) is closed at the Highway 96 intersection.

Nordheimer Campground is closed.

The land around the Salmon River is closed 300 feet from the high watermark between the confluence of Wooley Creek and the confluence of Nordheimer Creek.

Firefighters continue to prioritize protection of residences along the Salmon River. Fire reached the area of Morehouse Mine, where structures are threatened. As of Sunday morning, the fire lines were holding around those structures. The fire continues to burn mostly on the south side of the Salmon River in the area east of Butler Flat. Efforts to reach a spot fire on the north side of the river continue to be hampered by poor visibility and steep terrain. The fire was active around the perimeter yesterday and progressed across Lewis Creek (on the southern side) and into Grant Creek drainage (on the northeastern side). The fire is burning in the fire scars of the Hog Fire (1977). Difficult terrain, heavy vegetation, snags and poor access to the fire have continued to limit firefighting strategies. Crews are working today to open and utilize lines from the Somes Fire (2006).

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DENNIS O’BRIEN TELL US:

Dear Friends,

The Mendocino Environmental Center recently hosted a community radio forum with the San Francisco Mime Troupe and several local organizations. You can listen to the full two-hour show by going to http://www.sharejerusalem.com/files/Video/sfmimetroupecommunity.mp3 We discussed who we are, how we can work better together, and how we can better engage the public. All who attended and listened found it very inspiring. To support the work of the Center and it radio station, KMEC 105.1 FM, please become a member. For regular membership, send a check for $35 to Mendocino Environmental Center, 106 West Standley Street, Ukiah, CA 95482. Your check is sufficient for membership if it includes your address and contact information. Thank you very much for your interest and support.

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STUDY: NEW RAIL IS ‘HIGH COST, HIGH RISK’

By Daniel Mintz

A draft feasibility study prepared for the county’s Harbor District has identified several challenges to railroad development and deemed it to be a “high cost and high risk” venture.

Authored by the Washington-based BST Associates and the Portland-based Burgel Rail Group consulting firms, the draft study’s focus has disappointed rail advocates who believe imported manufactured goods are an important source of rail cargo.

The study only considers export of bulk goods such as coal, grain and iron ore, describing them as high volume, strong growth rail traffic commodities that “represent a key source of revenue to railroads.”

High cargo volume is described as a requirement for recouping investment, debt and operation costs of a new rail line. Developing an east-west railroad is estimated in the study to cost up to $1.2 billion. The cost of redeveloping the North Coast Railroad Authority’s unused north-south line from Windsor to Samoa is estimated at $609,000 in the study.

Etching an east-west rail corridor from here to the Gerber/Redding area and its connection to a national rail line is a challenging proposition due to the “extreme ruggedness” of the terrain, according to the study. The distance is about 100 miles but 200 miles of rail track would be needed as the route would wind and curve around slopes and mountains.

Three primary east-west route alternatives are outlined in the study, beginning in the Eureka/Arcata/Samoa areas and ending at Union Pacific railheads in the Redding/Gerber/Red Bluff areas.

The study questions whether rail development is economically feasible, as there are several existing West Coast port/rail connections.

“Humboldt County would face several competitive disadvantages relative to these other ports, including the need to cover the cost of constructing the new line and the lack of a rail distance advantage,” the study states.

It references a 2009 study sponsored by the Security National Company, which operates a shipping terminal in Fairhaven. Drafted by the UK-based Drewry Shipping Consultants firm, that analysis focused on imports of container (manufactured) goods and part of its executive summary is quoted in BST/Burgel study.

“This report concluded that ‘Under no foreseeable circumstances should Security National consider building a new container terminal at the port, without the prior contractual support of at least one shipping line, in the hope that ‘the lines will come when it is built’,” the study states.

Also included is this quote from the Drewry report summary: “The difficulty will lie in convincing the shipping lines that the Port of Humboldt Bay offers sufficient competitive advantages over Prince Rupert, Vancouver, Seattle, Tacoma, Portland and Oakland for it to fully support the project before construction commences.”

Returning to its focus on exports, the study adds that “it is assumed that if Humboldt County were to attract a commodity that is not currently shipped through another West Coast port, it would most likely be destined for Asia.”

Coal is identified as the commodity that fits the assumption, as the amounts shipped from the U.S. have “risen sharply” in recent years. Corn and petroleum products are also named as high volume Asian export commodities.

Humboldt would have an export distance advantage over some West Coast rail-connected ports, such as the one in Coos Bay, but the study deems it to be insubstantial. Far greater is the basic advantage offered by other shipping hubs compared to Humboldt, according to the study.

“A critical advantage that all of these other ports have relative to Humboldt County is that the rail lines are already in place,” the study states. “In addition, most of these existing rail routes are capable of handling large volumes of heavy rail traffic, without the billion dollar-plus investment needed for an east-west route to Humboldt County.”

The draft study was presented to the Harbor District’s Board of Commissioners and an audience of railroad advocates and skeptics on July 25.

Brian Winningham of BST described various financing scenarios and said higher-interest borrowing may be more appropriate for a high risk project like rail development. Depending on the interest rate for financing, a north-south rail would need to move anywhere from 5.6 to 42 million tons a year of cargo and an east-west operation would need 11.5 to 100 million tons to cover costs, he said.

Winningham compared that with the “top export ports” of Portland, Oregon and Kalama, Washington, which each handle 10 to 12 million tons a year. “When you get up to some of the higher volumes, these are beyond what anybody on the West Coast does right now,” Winningham said of the Humboldt cargo estimates.

Commissioner Richard Marks said he attended a forum whose participants said they’ve been negotiating with the Wal-Mart corporation on importing its products to Humboldt’s port.

When Winningham said Humboldt would be competing with Oakland’s port – which he said has additional capacity – Marks pointed out that Humboldt has a two-day shipping time advantage when fielding imports from Asia.

But Commissioner Pat Higgins, a rail skeptic, said the expansion of Oakland’s port was government-supported and lower payback on borrowing would allow Oakland to “undercut” Humboldt if it came down to a bidding war.

Winningham said container volumes peaked in 2005 and there’s “new competition” from Canadian ports and even more will be introduced with the widening of the Panama Canal. “It’s a riskier business now,” he said, adding that ports in Los Angeles and Long Beach are also expanding.

The study cost $19,000 and was paid for by the California Department of Transportation.

Mendocino County Today: August 6, 2013

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REVISITING BASSLER

Dear AVA,

A few months ago, I read Allman and Spark’s hastily written how-to on catching a mentally ill killer, who also happened to be an excellent tracker and survivalist outwitting inner-city swat teams and police brigades by the hundreds in the Mendocino woods.

When I got to the part where Allman had just received news of the killing of Bassler and headed out Hwy 20 to the site, passing by, but not stopping to inform Bassler’s mother of his death, my heart ached with disappointment. Are the family of high profile killings by cop no longer informed by law enforcement when law enforcement has to act defensively in a mortal way in regards to a relative outside the law?

In this case such consideration was not given. Bassler’s family heard of his killing through the grapevine — not law enforcement. Natch Mom, conflicted and oblivious as she was, was not always forthcoming with information about knowledge of her son’s activities.

Instead Allman’s rendition sounded and felt like no victor vanquishing crime, but childishly hateful in intentionally NOT stopping to inform Bassler’s mother of her son’s killing. As though Allman had chosen in a very ugly way then, stooping to no better than her level, by matching her actions in choosing to not inform — like she did when dropping Bassler off with rifle in the location of Matt’s killing. Somehow, law enforcement is still supposed to be expected to take the higher moral ground, and failed at that last chance.

Many folks whom I’ve asked if they read the book, won’t even read it, and find it distasteful and opportunistic of Allman’s re-election bid, even if the money is donated to mental health blah, blah, blah.

Also in the book, why no mention of the extraneously unidentified burner/disposable cell phone call (the “hit” call) reporting Melo had been hit and was on the ground. A lot of folks hated Melo and the work that he did. It was creepy and weird then, that his body was left there overnight by law enforcement. That’s the strangest part of the whole story. Was it an assassination of Melo?

Law and lumber concerns about homeless vagrant campers numbering a small community (who also provided law enforcement with helpful witness information regarding meeting Bassler in those woods) were expensively rectified by the woodland sifting and dollars dedicated to Bassler’s highly expensive end.

Aaron Bassler kept trying to return to his mother’s home. Why didn’t law enforcement let him? Why could they not let Mom feed him one last time with laced food? Start with any one of several highly effective and expedient knock out drugs added to his mom’s food and let her feed him one last time.

Allman comes up for re-election. He’s starting to collect money for his campaign NOW. Can’t we get Tony Craver back? Recently Allman was asking for donations because the Sheriff’s Dept. is broke. After Allman’s been on whose side of how many pot confiscations — especially for those in his unsuccessful zip tie program? Pick another badge-man Mendocino!

Name Withheld, Fort Bragg

ED REPLY: I know for a fact that both Basslers were kept fully informed throughout that awful series of events, and that Allman and Captain Smallcomb did everything they could to bring Bassler in alive. It was an unprecedented occurrence, and given that Bassler had committed two murders and seemed likely to commit more, law enforcement’s first priority had to be the safety of the wider community. Expecting the Sheriff to stop by the former Mrs. Bassler’s home to bring her the news of her son’s death seems wildly unreasonable to me in the circumstances. Melo was shot down doing his job managing a timber property, ordinarily not a capital offense. Drug people, many of them forever stalled in Blue Meanie mode, forget that at least half the population of this county do not assume the libertarian position on the drug issue. Allman is Sheriff of everyone while going to extraordinary and extraordinarily creative lengths to accommodate the pot brigades only to be overridden by federal authority, which is where the unreason on the entire drug question resides. He’s been a good Sheriff in a difficult time, and I think the book is an honest account of the Bassler affair, and a must read for anyone interested in local history.

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Presswood

Presswood

ORLANDO VILLALPANDO, 18, of Fort Bragg, was knocked unconscious during a 30-person brawl on South Street around 3 a.m. Sunday morning. Villalpando was punched in the face and hit his head on the sidewalk when he fell, apparently suffering a severe concussion. He was flown from Coast Hospital to Santa Rosa in serious condition. Another Fort Bragg man, Jonathan Presswood, 24, has been arrested on a charge of “assault with force likely to create serious bodily injury or death.” Sgt. Gilchrest of the Fort Bragg Police Department said the incident remains under investigation and more charges are possible against people involved in the fight.

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ALSO ON SUNDAY, Franz Westfel, 46, of Oregon, was killed when the pick-up he was riding in on a private road near Laytonville plunged over the side, ejecting Westfel. The driver, not identified, was not seriously injured. The victim’s Oregon hometown has not been identified pending notification of his family.

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THAT WAS AN ALARMING headline on the front page of last week’s ICO, the weekly paper serving Mendocino County’s south coast. “Anger fueled by Chronicle spills over,” it read, conjuring visions of Gualala’s first-ever street riot. Alongside Lisa Walter’s account of local anger spilling over was a photo of the object of all that unleashed wrath, a pleasant looking Asian woman identified as Stephanie Lee. What had Stephanie done to roil the ordinarily placid precincts of the Sea Ranch north to Point Arena? She’d written a Sunday piece for the Chron saying, essentially, that the South Coast was home to a bunch of couch-bound fatso-watsos who got that way because the nearest healthy food was two hours south in Santa Rosa. The rest of Mendocino County was, the writer suggested, equivalently backwards when it came to diet and exercise. Harrumph and Double Harrumph. Fatso-watsos and lean, mean fighting machines alike have rushed into the ICO’s print to point out that Ms. Lee’s story managed not to see all the healthy food available on the South Coast, not to mention her impaired sight in not noticing the unlimited recreation ops. Golly, Steph, wake up. Myself, I thought Steph’s story was a hoot, as many Chron stories are these days as the paper, like all newspapers, fights to stay alive. The real oddity was the story’s origins — some foundation provided the funding for Steph’s uncomprehending jaunt to Gualala. Oh, and this rather alarming statement by a South Coastie called Mark Bollock: “The poor woman you interviewed will be ostracized in our very small, tight knit town.” Bollocks, Mark! Tightly wrapped might be the phrase we want here. Why should the poor thing be ostracized for, she says, being misquoted? (People always say they’ve been misquoted when they see what they said in print.) If she wants to shop in the Rose City who could possibly care? And what kind of uptight gink even thinks of ostracizing someone over something this trivial?

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THE MENDOCINO COUNTY MENTAL HEALTH SERVICES ACT (MHSA) FORUM for Children and Families & Transitional Age Youth (TAY) will be August 13, 2013 from noon to 1pm in Point Arena.

The Mendocino County Mental Health Services Act (MHSA) Forum for Adults and Older Adults will be August 13, 2013 from 1-2pm at the same location.

The meetings will occur at the Point Arena Library at 225 Main Street, Point Arena. Members of the public are encouraged to attend the meetings to provide suggestions, ideas and feedback on the MHSA programs. Meeting agendas are published at: http://www.co.mendocino.ca.us/hhsa/mhsa.htm .

To attend either of these meetings by phone,

Call-In Number: (888) 296-6828

When prompted for the Participant Pin, Dial: 756853 followed by the pound # sign.

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CHP MAKES PROTEST WORSE

By David Little, Chico Enterprise-Record

The old existential question of whether a tree falling in the forest makes a sound has been reformulated in Mendocino County.

The modern-day questions: If people are protesting a highway project, but the government ensures that no news photographers are allowed to take pictures, does the protest exist? And if a photographer is arrested in Willits, does it make a sound?

We’re getting those answers, and two misguided state agencies don’t like them. The ham-handed actions of the California Highway Patrol and Caltrans don’t put them in a flattering spotlight.

Willits isn’t the middle of nowhere, but it’s in the same area code. (I know this because my grandfather used to run the newspaper there.) Though it’s a small town, it has inexplicably long backups on Highway 101. They’ve talked about a highway bypass around town for decades, and it’s finally getting built.

Well-organized protesters are disrupting the construction, however, and have been since winter. The protests — people chaining themselves to construction equipment, living in trees that are being bulldozed, and so forth — don’t get much attention outside of Willits.

Willits has a twice-weekly newspaper, and there’s a daily newspaper a half-hour down the road in Ukiah, but the area is too far out of reach for big Bay Area newspapers, the Associated Press and any TV station.

The Willits News, which is owned by the same company that owns the Enterprise-Record, has been covering the protests, though. A Willits News freelance photographer, a retiree named Steve Eberhard, has taken some very interesting photos of the protests. And lately it seems the CHP and Caltrans have been more fixated on the only journalist there than the protesters.

Eberhard was arrested while shooting a protest early on a Tuesday morning, July 23. He was the first person arrested that day, just after sunrise.

Eberhard was supposed to have a Caltrans escort, as the agency has requested. When he tried to call that Caltrans liaison early that morning, he got no response. News doesn’t always happen during business hours, so he didn’t wait for the escort. He never even took a photo that day. He was arrested quickly.

Though no other journalists were there, one protester took film of the arrest that was quickly posted to YouTube. The video doesn’t make the CHP look good. The conversation between Eberhard and an officer looked cordial, till another officer showed up and arrested him.

So that question about whether anybody would know if a news photographer was arrested in Willits? It was answered when newspapers from Humboldt County to San Bernardino County ran editorials chastising the CHP for stomping on constitutional rights.

The CHP and Caltrans responded with a letter, printed today, that dances around the truth. It doesn’t mention that Eberhard called for an escort and got no response. It says he refused an order to leave. Eberhard said he asked an officer to read him the dispersal order, and instead the officer handcuffed him.

It ignores the fact Eberhard was not interfering with the property owner’s (the government’s) property rights, but rather was engaged in newsgathering activities protected by the First Amendment.

It also says journalists have been treated with “respect and professional courtesy.” But Eberhard was once shoved from behind by an officer while being escorted, and another time, the CHP threatened to arrest protesters, starting with the media.

The letter’s statement that the press has been treated with nothing but “respect and professional courtesy” is a fabrication by two bureaucrats who are either trying to cover up the mistakes of lower-level employees, or asking those employees to act as henchmen toward those annoying reporters.

Why? Because they hope nobody is paying attention.

(David Little is editor of the Enterprise-Record and Oroville Mercury-Register. His column appears each Sunday. He can be reached at dlittle@chicoer.com or 896-7793. Courtesy, the Chico-Enterprise Record.)

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Estrada

Estrada

LOW GAP BOOGIE. On July 30, 2013 at approximately 11pm, a deputy from the Mendocino County Sheriff’s Office observed a vehicle traveling northbound on North Highway 101 with multiple traffic violations. The deputy conducted a traffic stop in the area of the Irvine Lodge Rest Area, near Laytonville. The vehicle was occupied by several individuals who stated that they were travelling to the Reggae on the River music festival. One female passenger, Cesia Estrada, 20, of Los Angeles, was wanted for an outstanding drug related arrest warrant from Iowa. The deputy searched Estrada’s belongings and located over 20 grams of a flat reddish substance that was determined to be MDMA, commonly known as “Ecstasy.” Estrada was arrested for the outstanding warrant and possession of a controlled substance for sale. All other passengers were released at the scene. Estrada was transported to the county jail where she was booked on the outstanding warrant and possession for sale of a controlled substance. Bail was set at $20,000 for the Iowa warrant and $25,000 for the drug violation. (Sheriff’s Press Release)

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ADDRESSING COMMUNITY CONCERNS ABOUT THE ECOLOGICAL IMPACT OF BIOMASS REMOVAL FROM FORESTLAND

Presented By The Mendocino County Woody Biomass Working Group (WBWG) & The Coastal Biomass Collaborative

You are invited to attend a community education and discussion session regarding the ecological impact of biomass removal in Mendocino County Forests. Three events will be held throughout the County: Ft Bragg- Aug. 20th 5-7:30pm County Library in Ft. Bragg, Community Room Covelo- Aug. 21st 5-7:30 pm Tribal Administration Building, Buffalo Room Ukiah- Aug. 22nd 5-7:30pm Grace Hudson Museum, Public Meeting Room Background: These meetings are a follow-up to a series of community events in 2009-10 hosted by the Mendocino County Woody Biomass Group (WBWG), where we solicited community concerns about biomass removal. The August 2013 meetings are in direct response to the primary concern of the community- overharvesting of biomass causing ecological harm to our forests. Meeting Topics: Ecological Assessment of Biomass Thinning in Coastal Forests-A Literature Review, By Greg Giusti of the U.C. Cooperative Extension; Guidelines for Talking with Your Forester, a tool to help forest landowners ensure ecological sustainability when removing biomass from their land- presented by Greg Giusti of U.C. Cooperative Extension; Current Initiatives- Small Scale Biomass Utilization, a review of the projects that are being pursued in the County and how they are ecologically sustainable; Biochar Demonstration Project; 3MW Electricity Facilities; Community Discussion, about the Literature Review and Projects in the County Who Should Attend? We are encouraging landowners, foresters, elected officials, county regulators, non-profit and conservation organizations, and representatives of environmental groups to attend.

Please RSVP to Judith@rffi.org<mailto:Judith@rffi.org> to sign up for one of the events and to receive a copy of Ecological Assessment of Biomass Thinning in Coastal Forests-A Literature Review to read before the event.

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ROBBERY IN COVELO. On August 3, 2013 at about 9pm deputies from the Mendocino County Sheriff’s Office were detailed to investigate the burglary of a cabin off of Highway 162 near Covelo. Deputies learned a vacation cabin had been broken into and items were taken. The reporting party advised he had walked to a neighboring cabin and had seen through the window items of his property inside this residence. He contacted the neighboring property owner and learned no one was supposed to be at this cabin. On August 4 deputies met with the reporting party for further investigation of the crime. Deputies also spoke with the owner of the second cabin where the stolen property had been seen and learned no one was supposed to be at the location. Deputies walked to the residence where they encountered a subject outside of the residence. Deputies attempted to contact the subject who picked up a firearm and began to run away from the cabin. Deputies ordered the subject to drop the firearm several times, and the subject complied throwing the firearm to the ground, while continuing to run away. The subject fled the location and ran down the Eel River canyon towards Dos Rios. The residence was cleared and no additional suspects were located. Deputies located the firearm which had been dropped by the suspect and found it was a crudely fashioned shotgun which had been constructed of plumbing materials and was loaded with a 12 gauge shotgun round. Also located at the residence were items of stolen property which belonged to the reporting party. These items were recovered and returned to the owner. Further investigation revealed this second residence had also been entered through a window and it appeared the suspect was a transient who had taken up residence in the cabin. The suspect is described as a Caucasian male adult in his mid 40s to early 50s. 5’ 09” to 6’0” with brown hair, and a gray beard. The suspect was last seen wearing blue jeans and a tan beanie type cap. Anyone with information regarding this subject is urged to contact Sergeant Matt Kendall, Mendocino County Sheriff’s Office, at (707) 463-4086. (Sheriff’s Press Release.)

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THIS MAY SOUND INSANE BUT…

I WANT YOU TO FORWARD THIS OUT TO OTHER RADICAL SPIRITUAL PARTICIPANTS

Hello everyone, I understand that by now this must appear to be insane, but for reasons known only to the inner cabal, the Washington D.C. IMC removed for the umpteenth time my message re: D.C. Beltway Protest Caravan Action. Let’s get something straight, alright? I am certain that an action of dissent circumambulating the D.C. beltway is very spiritually intelligent, and is the only effective large scale possibility to counteract the bogus energy inside of the beltway. I am also certain that a combination of ritual performance, chanting mantrams, perhaps your band on the back of a flat bed truck?, and other creative, imaginative participation, would in fact function as a neutralizing agent to the abominable, stupid decision-making, which is utterly devoid of any spiritual intelligence, and is the hopeless condition of the United States government, particularly inside of the D.C. beltway. Three of us, formerly of the D.C. Occupy kitchen working group, are guesting at a house near Pittsburgh; I recently returned from California; and we want others to cooperate with us to 1.get us situated closer to Washington D.C., and 2.create with us an effective D.C. beltway protest caravan.

Craig Louis Stehr, August 5, 2013

Email: craigstehr@hushmail.com

Blog: http://craiglstehr.blogspot.com

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ANIMAL CARE SERVICES STAKEHOLDER MEETING

Animal Care Services welcomes public insight and input at the Animal Care Stakeholder Meeting taking place on August 28, 2013 from 10am to Noon. The public is highly encouraged to bring ideas on how Animal Care Services can better serve the community. New Shelter Manager Sage Mountainfire will introduce newly hired Katherine Houghtby as Adoption Coordinator, explaining the roles of both. The shelter’s successes and challenges in the past year will open discussion on future improvements. This annual meeting will be held at the Ukiah Animal Shelter located at 298 Plant Road. Snacks will be provided. For those unable to attend, please submit your ideas, question or concerns to Ms. Mountainfire via email at mountais@co.mendocino.ca.us or call 707-463-4654.

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UKIAH COUNCILPERSON MARI RODIN responded to critic John Sakowicz who, a few days ago, had sarcastically complained, ““Just because 50/50 sounds fair, it is not necessarily fair,” said soon-to-be-retired Ukiah Finance Director Gordon Elton. ‘The 50/50 formula had the county ending up with 122 percent of the sales tax the city does.’ Gordon Elton, in speaking about the County of Mendocino and City of Ukiah tax-sharing sharing agreement, from The Ukiah Daily Journal, July 31, 2013. How does 50 become 122? Where did this guy get his accounting degree? No wonder Ukiah can’t balance its books.”

MS. RODIN REPLIED: “It is because of the proposed ‘make whole’ component of the agreement. You can look that up in the draft. Basically, if the county went below its ‘base’ of sales tax revenue in any particular year, the City would have to pay whatever amount brings the county up to its base and THEN share 50/50 the remaining sales tax revenue. With such a provision, it isn’t hard to see that we’d be giving the county more than we ourselves get and we’d be providing (and paying for) all of the services to support the development. Depending on the figures in any given year (I think Gordon was using figures from Jane’s hypothetical scenario), the split on revenue could be what Gordon said. You should apologize for blaming Gordon.”

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OPEN LETTER TO ELIZABETH SWENSON

My Dear Elizabeth Swenson ––

I want to thank you for keeping Channel 3 on the air for a while, because the ARTS Showcase at least temporally gives me the illusion that my world is not going to hell in a hand basket!

I owe you an apology –– not that I’ve ever been actively related to the Footlighters or MCTV, other than being interviewed for Senior Perspectives and in news clips and having attended Footlighters’ performances. I apologize for the naivety exposed on October 8, 2009 in The Advocate Community Forum, in which in part I said:

“For half a century Footlighters Theater brought the coastal community a touch of down to earth family fun and in doing so earned our sincere thanks. So it was with confusion and sadness that I learned that in the name of Footlighters a lawsuit is pending against MCTV, our public access television station.”

Apparently there was some dispute among the members of Footlighters as to the gift offer of the Footlighters’ somewhat dilapidated building to the TV public access outlet. But as I wrote in 2009 :

“In my view, the Footlighters at the time took proper and responsible action. The reputation of the Footlighters was safeguarded, their deteriorating property brought back into use, while the quality of life for the entire community was enhanced by the strengthening of MCTV. After transfer of ownership, MCTV substantially repaired the property, expending over $100,000 to do so.”

During the two years MCTV spent making structural repairs, Footlighters said nothing. Then a lawsuit –– against MCTV ! not vs Footlighters’ erstwhile President! Apparently absent any mutual discussions, in this action one could discern opportunism, even greed. I remarked then:

“It is difficult to see how destroying MCTV furthers the interests of the people dedicated to the Footlighters. We should focus our energies and creativity rather than let them be consumed by the destruction this lawsuit represents.”

As to my apology: When we chatted in 2009 I was mistakenly assuming good will and community respect would govern the matter of whether or not a law suit. I was in error and am sorry I was not more forthright in urging action.

In light of the current behavior of the remnants of Footlighters, the conflicts of interest shadowing the case, the persistence of misstatements of facts and misdirection by leaders of the Footlighters and their attorney, I should have been more direct in urging public and legal action. Now, I am puzzled why no appeal has been filed. To my mind, the very basis of the law suit was fragile, if non-existent.

The overwhelming reality is that we residents-citizens have been deprived of a vital community communication resource –– an important vehicle for helping to make government processes more visible, accountable, and accessible to our widespread residents.

Yes, we have newspapers and radio, and some of us have broadband computers –– but the loss of MCTV is seminal. For citizens to be able to see and recognize public officials –– and to realize they can speak up to them –– is a precious value. Access, participation and communication are critical to the very existence of our community and our democracy.

In my time I’ve seen many instances of incompetence and unfounded and arrogant assertions –– the McCarthy fiasco, for instance –– but this home-grown one is startling in its viciousness and absence of concern and respect for community needs and values.

Honestly, my personal inclination now in light of this revelation of ethical lapses and absence of community values is to remove myself from this environment. It’s only that being in my 97th year do I refrain from moving. Certainly today I’d not recommend anyone taking up residence or business on the Mendocino coast.

My dear Elizabeth, please remember that in shaping MCTV you achieved a marvelous turn-around against substantial odds. I honor and thank you! Yes, I know you feel it was a team effort, that you had support –– enthusiastic often –– and the MCET-MCTV history will shine on, of that I am certain.

I must say, however, that I am acutely disappointed by the silence and invisibility of our community leadership who, by and large, have not stirred or expressed themselves. I am reminded of Edmund Burke’s comment:

“The only thing necessary for the triumph of evil is for good men [ and women –– HE ] to do nothing.” With warm personal regards, I am

Howard Ennes, Fort Bragg


Mendocino County Today: August 7, 2013

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 Chamberlin, then and recently

Chamberlin, then and recently

JOHN CHAMBERLIN’S MEMORIAL PARTY will be Saturday, August 31, at the Greenwood Community Center in Elk, from 3 to 11 pm. Pot luck and bring your own drinks. Music by dozens of John’s friends, a silent auction and a memorabilia sale. Come celebrate John’s life and work and all our years of dancing together!

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LABOR NEGOTIATIONS BETWEEN MENDOCINO COUNTY and the Service Employees International Union, or SEIU, resumed in April. SEIU represents nearly 600 County employees who pay between $40 and $70 a month to the union for an office in Ukiah in which sits a union rep and a secretary. Let’s say SEIU funds the Ukiah office to the tune of approximately $150,000 a year, which is probably a lowball estimate. The rest of the union’s enormous annual take in Mendocino County alone (conservatively estimated at $50 per month times 800 employees times 12 months = $480k) goes to… what? SEIU gives many millions to Democrats — Obama alone raked in many millions — in an overall American context of less than 20% unionized workers. A hunk more of local dues goes to the union’s overpaid bureaucrats and so-called organizers, a forever changing parade of softy-wofty liberals who drive up to Ukiah from Oakland, Sacramento, or the union’s spa-offices in Santa Rosa.

UNION DRIVES that take on private businesses are much tougher than union drives among clumps of public employees, the diff being that private businesses resist and resist viciously while public employees work for other public employees and elected people who, not to put too fine a point on it, are willing, and often eager to toss public money at public employees, hence the precarious financial position of most American governments and municipalities, including broke-ass Mendocino County. (Disclaimer: The AVA is pro-union but anti-jive union. We’ve always thought that Mendo’s public employees would be wise to affiliate with the Teamsters or to represent themselves.)

SO, THE LAME-O SEIU leadership kicked things off in Ukiah with a high-school pep rally approach, encouraging its members to “Purple Up 4 Purple Power! Every Tuesday till (sic) we have a contract.” Out of the box this is double-dumb; the Board of Supes no longer meets most Tuesdays, having gone over to every other Tuesday and some Mondays for two years now. The leadership is not around to swim in SEIU’s purple seas, besides which very few County workers don the purple shirts, the local equivalent of “Kick Me” signs.  THE SEIU brain trust followed up on the pep rally theme with an appeal to “Decorate your SEIU Bulletin Board and make it the talk of your department!” Prizes were offered for such categories as Most Provocative, Most Imaginative, Most Colorful, Most Eye-Catching, and so forth.

THE SEIU LEADERSHIP prepared for contract negotiations by holding a series of meetings to ask the members what they wanted. Not surprisingly, what employees wanted was more money. Specifically, the employees want an immediate restoration of the 10% pay cut plus other add-ons. So, then, does the County have the money? CONTRACT NEGOTIATIONS for SEIU seem to be led by a man named Jason Klumb. Klumb seems to have replaced the inept and nearly invisible team of Paul Kaplan and Carl Carr, who seldom showed up when budget related items were on the Board of Supes agenda. Carr made a cameo appearance at last year’s budget hearings when he urged the Supes not to pass the budget because he claimed it was a meet and confer issue, which it certainly is not, a fact SEIU was apparently unaware of.

KAPLAN WAS LET GO by the SEIU corporate shot-callers in Oakland after failing to convince the membership to strike, followed by his failure to convince County workers to stay at a 12.5% cut with no contract, instead of agreeing to a 10% cut with a contract. That’s right; the SEIU honchos wanted the members to stay at a 12.5% cut to create as much discontent as possible.

THE SUPERVISORS, with an office full of tax paid attorneys at the County Counsel’s office just down the hall, has nevertheless engaged the services of a hired gun named Donna Williamson of Liebert, Cassidy and Whitmore, to lead the County negotiating team, thus squandering money the County says it doesn’t have.

SPECULATION AMONG COUNTY WATCHERS is that Williamson is being brought in to provide a level of legal expertise that is, shall we say, beyond the reach of former County Counsel Nadel since elevated to the Mendocino County Superior Court. (The proverbial Old Boys Network in Mendocino County is pure a “liberal” enterprise. The libs, clustered in public employment and the seemingly endless non-profits reinforced by the Democratic Party apparat, hire each other, promote each other, faithfully troop to the polls at election time to ensure that they maintain control of every public dollar.) Two years ago it was a toss-up to decide which was more inept — the pathetic SEIU PR campaign — or the bumbling County response. The botched negotiations resulted in the County and SEIU filing unfair labor practice charges against each other. There is little reason to think things will end any differently this time around.

SEIU HAS ALREADY HELD MEETINGS, including at outlying job sites, like the County Department Of Transportation yards, talking up a strike if their contract demands are not met. And with an opening demand for restoration of the 10% pay cut; additional 4% Cost of Living Allowance (COLA) raises each of the next two years; and miscellaneous wish list add-ons, an agreement seems unlikely. But that doesn’t mean a strike is inevitable, especially in a deteriorating economic context where most employed people feel blessed simply to have a job, any job. Last time around, after the SEIU bargaining team drove the incompetently represented County to impose a 12.5% cut when the County would have settled for 10%, it was the rank and file employees who forced the leaders to accept a 10% cut instead of striking. The rank and file seems to understand that the County can’t agree to a pay raise without having a way to pay for it. They also seem to understand they will bear the brunt of any strike through lost wages and the emotional toll strikes always take on working families.

THE SEIU AND COUNTY NEGOTIATORS seem to have been going through the motions until Wednesday of last week when the County objected to the presence of SEIU “silent observers” who were not part of the negotiating team. When SEIU refused to exclude the observers, the County negotiators left the room. Gawd. What movie did they learn this fake militancy from?

IN AN EMAIL EXCHANGE, Mr. Klumb, speaking for SEIU, said the County had not objected to the presence of observers earlier and now the County was stuck with them. Ms. Williamson, responding for the County, said the issue of observers had never been discussed, the County was not interested in being part of a show with an audience, and the refusal to meet without observers was unfortunate. Klumb objected to Williamson’s objections, and said they were not finished with the County’s request for “costing out” (an apparent reference to the cost of the SEIU monetary demands), adding a complaint that the County sent data in the wrong format. Williamson said the union had not objected previously to the data format and reiterated the County’s willingness to meet without observers.

IN OTHER WORDS, both sides are already stuck on non-issues.

SEIU STAGED a totally horseshit, PhotoShopped picture of their negotiators facing a row of empty chairs and sent it to their membership under the heading “Management walks out, refuses to bargain!” The flyer claims the union has an “action plan” to win a fair contract, which probably means the County can expect more of the same posturing from these clowns.

THE COUNTY RESPONDED with an email to the SEIU employees saying the County was ready to bargain and added the back and forth email exchange between Klumb and Williamson as an attachment. (At this point you might be wondering when the hall monitor is going show up and make the children get back in line.) The County also invited the reader to visit the County’s “labor negotiations website” at

http://www/co.mendocino.ca.us/hr/laborNegotiations1.htm

ACCORDING TO AN SEIU FLYER, in addition to restoring the 10% pay raise, the union is also asking for an additional cost of living allowance, affordable health care, longevity pay, layoff protections, and job security through limiting contracting out. In a continuation of the carnival theme, the SEIU leadership urged their members to “Storm the Board” on July 30, later claiming they filled the Board chambers “in support of the bargaining team’s proposals to reinvest the county’s new surplus in services, infrastructure and its workforce, all devastated after years of budget cuts.”

EXCEPT COUNTY REVENUES HAVE flatlined for several years, healthcare and retirement costs keep going up, and the reserves have been funded mostly with one time savings, which means spending the reserves is not a sustainable way to pay for raises. And without reserves the County and the employees will be even more vulnerable to lay offs when the next economic tremor hits. Which it inevitably will and this time much harder than it did in 2008.

THE BASIC PROB that SEIU refuses to acknowledge is that Mendocino is rural-poor and teetering on the edge of financial ruin. The road to ruin was paved with lots of bad decisions by previous Boards of Supes, aided and abetted by highly placed County officials who should have known better. The current Supes, out of necessity, for the most part, have made smart budget decisions. Which means it is unlikely the Supes will raid their modest reserves to pay for raises, at least not until revenues begin to increase. If they ever increase again.

THE MANAGEMENT BARGAINING UNIT, in contrast to SEIU, reached agreement within a couple of months, according to the above mentioned website, taking another couple of months to finalize the agreement. Except for some minor cleanup language, the contract is status quo, keeping the 10% pay cut in place, but with a “me too” clause in case any other bargaining group gets a better deal. Which is another reason the County is unlikely to restore the 10% pay cut for SEIU.

IF THE COUNTY LABOR WEBSITE is intended to provide useful info of the kind that would allow an outsider to come to an informed opinion, it fails miserably. A typical posting says that on May 14 the County received 34 questions from Meredith Staples, representing SEIU out of Oakland, but doesn’t say what the questions were. A subsequent posting says the County responded to the questions, but without giving the answers. On July 10 we learned that the County submitted four counter offers to SEIU and that SEIU then submitted several proposals, some new and some old. WTF are they?

AT THIS POINT, we agree that observers should be present, but they should include media and/or community reps, in addition to hand picked union members who can be expected to take the union side.

WE ALSO THINK SEIU should quit playing games and use a small part of the dues extracted from the membership each month to pay for an independent examination of the County budget. But they don’t, and won’t, because SEIU headquarters in Oakland probably knows that an honest review would confirm that the County budget gives an accurate picture of the County’s bleak financial condition. And that the County is in no position to restore the 10% wage cut, much less consider all the other requested add ons. Without an honest effort by SEIU to understand County finances, we can expect to watch another slo mo train wreck unfold over the coming months. According to SEIU, negotiations are scheduled to resume August 16.

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A READER suggested we post this anonymous note which was posted on Craig’s list on Monday entitled “The Trades: Carpenters-Rockers-Painters (Remodels Everywhere)”

The construction trades have evolved into a big world of suck. Perhaps once there may have been a window of time when they didn’t, but now they suck. Deadlines and despair. Toxic lung dust exposure alllll day every say. Ear damaging tools that never stop. Tradesmen jockeying for position and ruining each other’s work in a mad dash towards a false deadline imposed by remote viewing figurehead puppet masters in big trucks with hookers in the back and lines of blow on the dash. Stress and cheating and lying on site with workers sleeping off life stresses behind pallets of poisonous plywood. Broken bodies, hacked off fingers, roof tar lung flashing eye burn blue room hurry crap ass syndrome stop and start truck engine failure scrambled egg finish coats on fiberglass doors in the hot sun tumors painter’s leukemia carpenter redwood dust lung squabbles resentment sarcasm quiet desperation and stale bread styrofoam sandwich lunch with an aspertame chaser.

For the love of God stop your kids or your friends kids or anyone’s kids from playing guitar. They’re just gonna end up crouched in a corner of a remodel at age 40 something covered in paint, earphones on, struggling to look busy, holding on to that memory of the time that someone who knew someone said “Your band is so good!” Struggling to make enough bread to get the kid they had with a stranger out into the world so that finally then… Then they can make the solo album. The one no one will listen to and no one will buy. The one that will sit on the cluttered desk next to the dying iMac 20 years too late to the party.

Fucking screamingly loud shop vacs. Interior cutting stations PVC in a chop saw chain smoking German showerphobes head cheese lunches tobacco chewing chicks with overalls pool construction foreman with colostomy bags bent over crippled sidewall specialist 60 year olds with $400 in savings and a kid in college recovering drunks and tweaker enthusiasts thieving ex-con roofers pounding nails through the million dollar walnut ceiling with a cancerous oil finish and gangs of central americans with ten course lunches in discardable plastic and tinfoil deaf contractors who yell and drop shit on new floors grinding failed crushed granite pathways through rosin paper and ordered a year too early high end European appliances in the breezeway where the rats eat through the wires stove drop custom counter smash mud bubbling job sites birthplaces for client contempt and vertebrae decline stoop over shuffle into acetone induced early Alzheimer’s.

Mondays. Mondays are the worst,

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HIP SERVICE to Play Sundays in the Park August 11

This Sunday, August 11th in Todd Grove Park at 6:00pm Fowler Auto & Truck Center, The City of Ukiah, KWNE-FM and MAX 93.5 are proud to present the fifth concert of the 22nd annual 2013 Sundays in the Park concert series featuring the Electrifying Motown R & B Revue with Hip Service. Hip Service is one of Sundays in the Park’s favorite bands and are unrivaled in the entertainment industry with its unique variety of crowd pleasing, from-the-soul dance music. This accomplished group, made up of world-class performers, has become one of the most in demand live acts in Northern California. They won the Sacramento Sounds of Soul Music #1 award for Best R&B Group several times! Performing dance hits from the ’60′s through the ’90′s, Hip Service features three outstanding lead vocalists, a screaming four piece horn section, rock solid funky rhythm section and four electrifying dancers. Since their inception in 1996, the Hip Service sensation has taken Northern California by storm. It’s the music that makes you get up and shake your hips! Rhythm & Blues, Classic Soul, sounds of Motown, Classic Rock, 70′s Disco, or funky grooves: they have it all! This group’s dance-’til-you-drop performances and stellar reputation in the entertainment business has made Hip Service “The-Band-In-Demand!” Great music, dynamic choreography, endless fun and enthusiasm, and true professionalism make Hip Service a boogying good time for the 20th annual Sundays in the Park concerts.

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ALEX DE GRASSI Performs at Parducci’s Acoustic Café This Saturday August 10th, Parducci Winery’s Acoustic Café concert series presents world famous guitarist Alex de Grassi. Alex’s concert last year gathered the largest audience Acoustic Café has ever had and we look forward to a repeat performance by this seminal guitarist. General Admission is $14 and tickets are available at Parducci Wine Cellars tasting room, on 501 Parducci Rd. in Ukiah, by calling 463-5357, or online at parducci.com/Wine-Store/Event-Tickets. Food will be available throughout the summer from The Potter Valley Café and North State Street Café with part of the drink proceeds benefiting the Alex Rorabaugh Center (The ARC). Seating fills quickly so be sure to show up early enough to get a seat at 6pm.

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YOU ARE INVITED to a panel discussion hosted by Congressman Jared Huffman Preparing for the Affordable Care Act: Navigating the Covered California Exchange with representatives from Covered California Health and Human Services Small Business Administration Thursday, August 29, 2013
4:00 pm – 5:30 pm Mendocino College Little Theater, 1000 Hensley Creek Road, Ukiah, CA.

Please RSVP to Alice.Young@mail.house.gov or 707.962.0933 ========================================================

OIL LOBBY LEADS CALIFORNIA SPENDING AS OCEAN FRACKING PROCEEDS

by Dan Bacher

Some may consider California to be a “green” state and the “environmental leader” of the nation, but that delusion is quickly dispelled once one actually looks at who spends the most on lobbying in California – the oil industry.

The Western States Petroleum Association spent the most on lobbying in Sacramento in the first six months of 2013 of any interest group, according to quarterly documents released by the California Secretary of State.

The association spent $1,023,069.78 in the first quarter and $1,285,720.17 in the second quarter, a total of $2,308,789.95, to lobby legislators and other state officials. (http://cal-access.sos.ca.gov/Lobbying/Employers/Detail.aspx?id=1147195&session=2013&view=activity)

Because of the enormous influence exerted by the group and the oil companies themselves in the Capitol, all but one bill to regulate or ban fracking was defeated in the Legislature this year. The only bill that passed through the Legislature was the weak bill to “regulate” fracking sponsored by State Senator Fran Pavley.

The association’s members are a “who’s who” of big oil companies, including BP, Chevron, ConocoPhillip, ExxonMobil, Navajo Refining Company, Noble Energy Company, Occidental Oil and Gas Corporation, Shell Oil Products US, Tesoro Refining and Marketing Company, U.S. Oil & Refining Company, Venoco, Inc. and many others.

The top 20 interest groups who spent the most money in the first six months included labor unions, the California Chamber of Commerce, Chevron and health care corporations. (http://blogs.sacbee.com/capitolalertlatest/)

The latest report on spending on lobbying emerged as the Associated Press revealed that companies prospecting for oil off California’s coast have used the controversial practice of fracking (hydraulic fracturing) on at least a dozen occasions to force open cracks beneath the seabed.

Now regulators are investigating whether the environmentally destructive practice, one that threatens fish and wildlife populations in the state’s marine waters, should require a separate permit and be subject to stricter environmental review. (http://www.mercurynews.com/california/ci_23789784/fracking-off-california-coast-draws-call-greater-regulation)

“Hundreds of pages of federal documents released by the government to The Associated Press and advocacy groups through the Freedom of Information Act show regulators have permitted fracking in the Pacific Ocean at least 12 times since the late 1990s, and have recently approved a new project,” wrote AP reporters Jason Dearen and Alicia Chang.

“Companies are doing the offshore fracking — which involves pumping hundreds of thousands of gallons of salt water, sand and chemicals into undersea shale and sand formations — to stimulate old existing wells into new oil production,” they said.

Inexplicably missing from the mainstream media and even most “alternative” media reports on this issue is any mention of the fact that the President of the Western States Petroleum Association, Catherine Reheis-Boyd, CHAIRED the Marine Life Protection Act (MLPA) Blue Ribbon Task Force that created the alleged “marine protected areas” that went in effect in Southern California waters in January 2012! She also served on the task forces to create “marine protected areas” on the Central Coast, North Central Coast and North Coast.

Without the shameless support of corporate “environmental” NGOs and state officials for Reheis-Boyd’s role as a “marine guardian” in the creation of questionable “marine reserves,” the current expansion of fracking offshore wouldn’t be possible. Grassroots environmentalists, Indian Tribe members, fishermen and advocates of democracy and transparency in government blasted the leadership role of the oil industry lobbyist in creating these “marine protected areas,” but to no avail.

You see, the “marine protected areas” created under the privately-funded Initiative weren’t true “marine protected areas” as the language of the landmark Marine Life Protection Act of 1999 called for. Under the leadership of ocean industrialists like Reheis-Boyd, a marina corporation executive, a coastal real estate developer and other corporate operatives, marine protection was effectively eviscerated in California.

These “marine protected areas” fail to protect the ocean from fracking, oil drilling and spills, pollution, wind and wave energy projects, corporate aquaculture, military testing and all human impacts other than fishing and gathering.

As I have pointed out in article after article, Reheis-Boyd apparently used her role as a state marine “protection” official to increase her network of influence in California politics to the point where the Western States Petroleum Association has become the most powerful corporate lobby in California. The association now has enormous influence over both state and federal regulators. (http://www.californiaprogressreport.com/site/lawsuit-filed-against-fracking-oil-lobbyist-says-its-safe)

Oil and gas companies spend more than $100 million a year to buy access to lawmakers in Washington and Sacramento, according to Stop Fooling California (http://www.stopfoolingca.org), an online and social media public education and awareness campaign that highlights oil companies’ efforts to mislead and confuse Californians. The Western States Petroleum Association (WSPA) alone has spent more than $16 million lobbying in Sacramento since 2009.

Not only do the association and oil companies buy access to lawmakers, but they exert enormous control over Governor Jerry Brown, who is currently fast-tracking the Bay Delta Conservation Plan (BDCP) to build the peripheral tunnels. The water destined for the tunnels will go to corporate agribusiness and oil companies seeking to expand fracking operations.

“A state senator has told me that Brown has cut a deal with the oil companies – he’ll push fracking in exchange for campaign contributions to his 2012 Proposition 30 and his 2014 reelected,” said RL Miller in her recent article on Daily Kos. (http://www.dailykos.com/story/2013/08/01/1228191/-Drowning-Sacramento-in-a-tide-of-oil)

She cited as evidence for a deal the $27,200.00 that Occidental Petroleum Corporation contributed to Brown’s 2014 campaign. That’s the maximum allowable under California law.

Miller also noted the roughly $1 million that oil companies – members of the Western States Petroleum Association – contributed to Brown’s Proposition 30 campaign. These contributions include the following:

Aera Energy (Exxon-related), $125,000

Berry Petroleum, Denver, $35,000

Breitburn Operating, Houston, $21,250

CA State Pipe Trades Council (usually the pipeline union supports Big Oil), $100,000

Conoco Phillips, $25,000

E & B Natural Resources Management, Bakersfield, $20,000

MacPherson Oil Co., $50,000

Naftex, $10,000

Occidental Petroleum, $500,000

Plains Exploration & Production, $100,000

SoCal Pipe Trades Council, $125,000

Signal Hill Petroleum, $10,000

Vaquero Energy, $35,000

Venoco, $25,000

As the oil industry expands its role in California politics and environmental processes, there is no doubt that they are going to use every avenue they can to divert more water for fracking, including taking Delta water through the peripheral tunnels proposed under the Bay Delta Conservation Plan (BDCP). The construction of the tunnels will hasten the extinction of Sacramento River Chinook salmon, Central Valley steelhead, Delta and longfin smelt, green sturgeon and other fish species.

The industry will also use its power to expand fracking in the ocean unless Californians rise up and resist these plans.

Californians must question state officials and MLPA advocates about why they supported the leadership role of an oil industry lobbyist in creating so-called “marine protected areas” off the California coast. After all, oil and water don’t mix!

Mendocino County Today: August 8, 2013

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(ED NOTE: Someone is bulk purchasing all available hard copy AVAs from our outlets in Ukiah, coincidentally the same issue which features the Peter Richardson marijuana case on the front page above the fold. Accordingly, we are posting that lead story here in Mendocino County Today for those who may have missed it due to Ukiah’s non-availability. We are looking into ways to replenish the Ukiah stock. Stay tuned.)

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OH, THAT OLD GANG OF MINE

by Bruce McEwen

There are pot cases and there are pot cases, and here at ground zero Pot County we see them all, great and small. This one is big, as in big personalities, and its roots go back some.

Richardson

Richardson

You’ve got Peter Richardson, a long, lean charismatic fellow who, it is widely assumed, parlayed a Covelo-based pot fortune into a construction company that came to be awarded large, local public building contracts. Years ago Richardson was close to former DA Susan Massini who, when she fired present DA David Eyster, had one of her investigators march Eyster, then an assistant DA, out of the Courthouse at gun point. Eyster’s crime? Not supporting Massini for re-election. There were rumors that Massini, beguiled by the tall man with the meticulous braid down his back, protected Richardson from this and that prosecution.

In the current chapter of The People vs. Peter Richardson, you’ve got the County’s legendary cop, Peter Hoyle, a lawman not friendly to the herb in a county where the herb is not only the primary industry but holy sacrament to at least half the population.

You’ve got Keith Faulder, a crack criminal defense attorney who’s gone from prosecuting pot cases as an Assistant DA under the late Norm Vroman to defending them.

And you’ve got Eyster, the Mendocino County District Attorney whose babyface good looks are movie-perfect as the righteous young prosecutor out to beat back evil.

All these people know each other, go back together in all sorts of odd ways. They probably know each other better than many families know each other.

The judge is Ann Moorman, a kind of den mother in this one. She knows all the players, too. Before she was elevated to the bench a couple of years ago, Ms. Moorman enjoyed a well-deserved reputation as one of the top defense attorneys in the County.

District Attorney Eyster handles many of the County’s marijuana cases himself. He’s implemented a strategy for dispatching pot cases that not only saves the taxpayers a lot of public money but even makes some money for local law enforcement. In exchange for misdemeanor pleas and fines, Eyster resolves the endless flow of marijuana cases before they clog up the courts.

Some cases do, however, go to trial, but none of them have yet pitted the DA against his old pal Faulder. This will be the first pot case Faulder has taken to jury trial — if it goes that far — since he won the big one for the legendary Laytonville-Leggett agro-outlaw, Matt Graves back when Meredith Lintott was DA.

Eyster vs. Faulder in front of Moorman co-starring Peter Richardson and Peter Hoyle.

Let’s get ready to rummmmmmmmmbllllle!

Faulder is recently back from climbing Mt. Everest and seems to be in fighting shape. At Richardson’s prelim last week Faulder came out swinging with an immediate motion to suppress statements Richardson made to Agent Hoyle at the time of the Richardson bust, saying it was a Fourth Amendment issue. DA Eyster responded to Faulder’s constitutional gambit by consulting his holy law book to cite legal scripture saying that any such motion should have been submitted in advance. Eyster went on to point out that the case had been postponed because of Richardson’s prostate cancer, and that Faulder had had plenty of time to get his motions in order.

Faulder countered that his motion was implicit in the Constitution, and therefore had more authority than the rules of court. He said Richardson’s statements to Hoyle were involuntary; Faulder said he wanted a special hearing to prove that they were involuntary.

Judge Moorman said a special hearing wasn’t neces­sary. “We’re going to go ahead. I want to see how this unfolds,” she said.

Faulder made another motion concerning the medical marijuana recommendations possessed by Richardson and his wife. Eyster said they too should have been sub­mitted in advance. Faulder snapped back that the DA already had them because law enforcement had seized them at the time of the bust.

Eyster made his own motion, that “judicial notice” be taken that the defendant was already on summary proba­tion for a prior marijuana-related offense when Hoyle and Company raided him again early this year.

On that interface between devil weed and the forces of law and order, Special Agent Hoyle of the Mendocino County Major Crimes Task Force had busted Mr. Richardson at his Sanel Drive home south of Ukiah on February 7th of this year.

Eyster: “Did you find any marijuana at that loca­tion?”

Hoyle: “Yes, I did.”

Eyster: “Let me show you some photographs. What is this a picture of?”

Hoyle: “It shows a portion of the basement, two rows of mature marijuana plants with lights suspended over them.”

Eyster: “And this photograph, People’s exhibit num­ber two?”

Hoyle: “More plants.”

Eyster: “People’s three?”

Hoyle: “More plants.”

Eyster: “Number four?”

Hoyle: “More immature plants.”

Eyster: “How many?”

Hoyle: “Over 200 immature plants.”

Eyster: “Did you find any pots?”

Hoyle: “Yes. In a detached garage there were 10 stacks of 20 five-gallon pots in each stack.”

Eyster: “Do you know anything about the grow lights used?”

Hoyle: “Yes. I was talking to a grower as recently as two days ago who told me that you can expect to get one pound per light, per cycle.”

Eyster: “How many lights did you find at the Richardson residence?”

Hoyle: “Nine high-intensity lights.”

Eyster: “Find any zip-ties?”

Hoyle: “You mean the Sheriff’s zip-ties?”

Eyster: “Yes.”

Hoyle: “No.”

Eyster: “How many plants all together?”

Hoyle: “354.”

Eyster: “Was there any processed marijuana?”

Hoyle: “Yes. Approximately two pounds.”

Eyster: “Did you reach any conclusion?”

Hoyle: “Yes. In my opinion, the majority of this mari­juana was for sale and a portion for personal use.”

Mr. Faulder rose to cross: “The number 354 — does that include the really small plants?”

Hoyle: “The number includes all the plants.”

Faulder: “As to the processed cannabis, was it all in one bag?”

Hoyle: “I believe it was in five separate bags.”

Faulder: “But some of it was old, wasn’t it?”

Hoyle: “I don’t recall.”

Faulder: “Did you find a scale?”

Hoyle: “I didn’t, no.”

Faulder: “Did you talk to the other officers in the Task Force?”

Hoyle: “Yes.”

Faulder: “Did any of them find a scale?”

Hoyle: “If they did, it wasn’t pointed out to me.”

Faulder: “Did any of you find any packaging materi­als?”

Hoyle: “That’s a loose term.”

Faulder: “Did you find any weapons?”

Hoyle: “I didn’t find any firearms.”

Faulder: “So there were no weapons?”

Hoyle: “You throw a wide net at me, counselor.”

Faulder: “I’m not trying to trick you, I promise, Agent Hoyle. What kinds of weapons are you talking about?”

Hoyle: “There were knives in the kitchen.”

Faulder: “And you consider kitchen knives weap­ons?”

Eyster: “Objection. Argumentative.”

This came rapid fire, with the DA jumping to his feet to confront Faulder. The court reporter watched warily as the lawyers’ cacophony of claims and counter-claims made it impossible for her take it all down.

Judge Moorman, in the voice of a playground moni­tor, “Alright! Alright, you two! Everyone just take a breath.”

Faulder: “But you didn’t find any evidence of a prior grow, did you?”

Hoyle: “That’s not correct.”

Faulder: “You found pots.”

Hoyle: “Yes.”

Faulder: “But wasn’t there extensive landscaping at the property?”

Hoyle: “What do you mean by that?”

Faulder: “By what?”

Hoyle: “Extensive.”

Faulder: “I’ll leave that to you.”

Hoyle: “There was shrubbery, things like that.”

Faulder: “Of the smaller, immature plants — were they rooted — did you personally inspect any of them?”

Hoyle: “What do you mean, ‘inspect’?”

Faulder: “Did you pull any of them out and look at the roots?”

Hoyle: “I may have been somewhat involved in that, but I don’t really recall.”

Faulder: “Many were clones — were they rooted?”

Hoyle: “I recall some were rooted.”

Faulder: “Did you take any photographs of them?”

Hoyle: “No.”

Faulder: “Yes, but you did take photos of the cut plants, isn’t that true?”

Hoyle: “I took photos of all the plants after they were cut down.”

Faulder: “So as you sit here today, you can’t testify that all those plants had roots?”

Hoyle: “No.”

Faulder: “That’s all I have.”

Special Agent Hoyle stepped down, but be on the lookout, pot pharmas, Hoyle knows who you are and just might get around to visiting you next.

The prosecution rested after the fast go round with Hoyle and Faulder.

Faulder called his first defense witness, Ms. Jeannie Louette McKay, wife of the defendant. Ms. McKay had been at work when the Task Force made the bust. She came home to find her house turned upside down and her husband in jail. There had been another heated argument between Eyster and Faulder regarding spousal privilege as to testifying, and Judge Moorman finally ruled that privilege would be waived if McKay took the stand. She did.

Faulder: “Do you have a doctor’s recommendation for medical marijuana?”

McKay: “Yes.”

Faulder: “So you were not there?”

McKay: “No.”

Faulder: “But your husband, Peter, has a doctor’s rec­ommendation for medical marijuana, as well, doesn’t he?”

McKay: “Yes.”

Faulder: “So something happened recently that neces­sitated your husband’s medical marijuana recom­mendation?”

McKay: “Yes. He was diagnosed with prostate can­cer in August of 2012.”

Faulder: “How did Peter then change the way he used cannabis?”

McKay then launched into a tentative narrative, responding to cues from Faulder, describing the latest vogue in medical marijuana use. “He got a Vita-Mix blender and a Champion juicer,” she said. “He started making canni-butter [no trade mark, yet, entrepreneurs!] fruit juices, and vegetable smoothies, using fresh canna­bis.”

Faulder: “Did you have anything to do with the mak­ing of these products?”

McKay: “No.”

Faulder: “”Did you have anything to do with the growing of the cannabis?”

McKay: “No.”

Faulder: “So, only Peter did the cultivation and prepa­ration of the juices and smoothies?”

McKay: “Yes.”

Faulder: “Did you drink it?”

McKay: “Yes. It was usually in the fridge.”

Faulder: “Did you smoke cannabis?”

McKay: “Occasionally, not often.”

Faulder: “Nothing further.”

Eyster for the prosecution.

“So, you were aware of a search warrant being served at your home?”

McKay: “I was told about it.”

Eyster: “Who told you?”

McKay: “Peter did.”

Eyster: “You were aware he was on probation?”

McKay: “Yes.”

Eyster: “You knew he wasn’t allowed to have more than 25 plants, weren’t you?”

McKay: “I don’t know…”

Eyster: “You know about the Sheriff’s zip-tie pro­gram?”

McKay: “I don’t know…”

Eyster: “But you work for the County, don’t you?”

Faulder: “Objection, relevance, your honor.”

Moorman: “Overruled.”

Eyster: “Where do you work”

McKay: “I work at Child Protective Services.”

Eyster: “Do you smoke marijuana?”

Faulder: “Objection, relevance.”

Moorman: “Overruled.”

Eyster: “So you do smoke marijuana?”

McKay: “Occasionally.”

Eyster: “How often?”

McKay: “Once every two days or so, but it depends. My job is very stressful.”

Eyster: “On average, in a month?”

McKay: “I don’t know?”

Eyster: “Do you ‘roll your own’?”

McKay: “No.”

Eyster: “Do you use a pipe?”

McKay: “Yes.

Eyster: “How much do you put in it?”

McKay: “I don’t know.”

Eyster: “Can you give me an estimate?”

McKay: “No.”

Eyster: “Do you know what a gram is?”

McKay: “No.”

Eyster: “Do you have any experience with cooking?”

McKay: “I think I made cookies once.”

Eyster: “Ever use measuring devices for cooking?”

McKay: “I don’t recall.”

Eyster: “Do you have measuring devices in your kitchen?”

McKay: “Yes.”

Eyster: “But you never use them?”

McKay: “No.”

Eyster: “How much marijuana do you put in your pipe?”

McKay: “A small amount.”

Eyster: “How small?”

McKay: “A pipeful.”

Eyster: “How big is the pipe?”

McKay: “I don’t know.”

Eyster: “You say you have measuring devices in your kitchen — do you know a teaspoon from a table­spoon?”

McKay: “Yes.”

Eyster: “Well, is the amount you use closer to a tea­spoon or a tablespoon?”

McKay: “I don’t know.”

Eyster: “How often, then?”

McKay: “I told you I don’t know!”

Faulder: “Objection, your honor, that’s been asked and answered.”

Moorman: “Overruled.”

McKay: “Occasionally.”

Eyster: “Four times a month?”

McKay: “Yes.”

Eyster seemed to be badgering the witness, but if Ms. McKay only smokes four grams in the course of a month, and hubbykins really only needs a little for his juicer, why 300 plants?

The DA launched a kind of Good Housekeeping line of culinary inquiry. He wanted to know how much of the fruit/pot juice, canni-butter and veggie/bud smoothies she and her husband consumed. Were they canni-vegans on cannibas diets?

Ms. McKay said she had nothing to do with the preparation of these pioneer medico-nutritional products and couldn’t say specifically what proportions the pot recipes called for.

Eyster: “So you didn’t make the canni-butter … Did your husband?”

McKay: “Yes.”

Eyster: “How do you know?”

McKay: “It wasn’t there, and there it was.”

(Canni-Butter!)

Eyster: “So you never saw him make it — did you see anything?”

McKay: “A crock of butter.”

(Get your Canni-Butter Crock Kit today! — only $19.95! Operators are standing by: Call 1-800-707-3016, now!)

Eyster: “On February 7th was there any canni-butter in your home?

McKay: “I don’t know.”

Eyster: “Would the crock have been in the fridge or out?

McKay: “I don’t recall.”

Eyster: “How did you know the police had been in the house?”

Either the cops had been in the house or someone had majorly freaked out and threw everything this, that and every which way. But seriously, who else gets to kick your front door down, throw you on the floor, call you and your granma muthafuggas, and toss all your stuff around?

McKay: “I finally got a call that Peter had been taken to jail.”

Eyster: “But you understood it was an important event?”

McKay: “Yes.”

Eyster: “Did you know that the charge of ‘marijuana for sale’ was going to be an issue?”

Faulder: “Objection, relevance.”

Eyster: “I think it’s tangentially relevant, judge.”

Moorman: “Overruled.”

McKay: “I don’t know.”

Eyster: “What did you then do to make sure you had an understanding of the difference between marijuana for sale and marijuana for personal use?”

McKay: “Our house was trashed! I was in shock.”

Eyster: “Did you ever go into the basement and help with the cultivation?”

McKay: “No.”

Eyster: “Why not?”

McKay: “I worked!”

Eyster: “Had there been a bankruptcy in your house­hold?”

McKay: “Umm…”

Faulder: “Objection, relevance.”

Moorman: “What’s the relevance?”

Eyster: “Marijuana for sale.”

Moorman: “Overruled.”

Eyster: “So you knew there was a bankruptcy?”

McKay: “Yes.”

Eyster: “When?”

McKay: “I don’t know.”

Eyster: “Oh, please, Ms. McKay.”

Faulder: “Objection.”

Moorman: “Overruled.”

McKay: “Peter had been sick, losing lots of weight, the marijuana was a medicine…”

Eyster: “The question was were you aware of the bankruptcy and when.”

McKay: “I don’t take care of the finances!”

Eyster: “Are your finances separate?”

McKay: “We share in the expenses.”

Eyster: “What income did Peter have?”

McKay: “Property management and an antique motor­cycle business.”

(Ed note: The construction workers at the Water Trough, many of whom worked for Pete when he ran Rainbow Construction, say he bought Harleys and Indi­ans rather than pay his sub-contractors. The old gent who owns the Trough corroborates this — Pete built the big new Grace Hudson school right across the street — and all these guys drank in the Trough during the construction. Many, including Pete, still do. Also, Pete told me himself that there was no “profit” in these big projects, so he invested all his money in collectable bikes.)

Eyster: “Did you know the property he managed was the source of the marijuana cultivation offense he was on probation for?”

Faulder: “Objection.”

Moorman: “Sustained.”

Eyster: “Did you know there was a mortgage?”

Faulder: “Objection.”

Eyster: “I get to probe, judge.”

Faulder: “That’s irrelevant.”

Eyster: “Don’t argue with me, counsel.”

The two lawyers were standing toe-to-toe, arms folded on their chests, scowling at each other.

Moorman: “Okay, you two. I want a sidebar — right now!”

When lawyers get out of hand, and the proceedings seem likely to veer out of control, the judge calls a time out to “admonish” them to behave.

Her honor stomped down off the bench, robes billow­ing, and stamped her foot to show her impatience as the lawyers continued their stare-down standoff. Then they gave it up and went to the corner with the judge for a few words of …? We couldn’t hear what. But a long, heated discussion ensued and at times Judge Moorman had to put her hands between the two lawyers, the way referees in boxing matches separate heavyweights. When they came back, Eyster resumed his attack on Ms. McKay’s impenetrable stonewall.

Eyster: “What’s the mortgage payment?”

McKay: “I don’t know.”

Eyster: “What’s the utility bill?”

McKay: “I don’t know.”

Eyster: “I’ll have more questions for this witness later, judge.”

Moorman: “Redirect, Mr. Faulder.”

Faulder: “Yes, thank you, your honor. Ms. McKay, do you do the cooking in your home?”

McKay: “Yes, I do.”

Faulder: “But your husband takes care of all the can­nabis cultivation and preparation?”

McKay: “Yes. I don’t go in there.”

Faulder then started a back and forth with his witness that was so rapid-fire I couldn’t get it down. But it had to do with how “extraordinarily sick” Mr. Richardson has been, his weight loss, and how the cannabis seemed to help him cope with what may well be terminal illness.

Judge Moorman said, “Slow down, I can’t keep up, you’re talking over each other and my court reporter has to take all this down.”

The judge has to comprehend it all and the court reporter has to take it all down. I have to do both. The judge has a law degree; the court reporter has a short­hand machine; I have a pencil and pad.

There was a recess, then a certain Dr. Lovejoy, a for­mer gynecologist was called to the stand, at which point the hearing was postponed.

Why would a gynecologist go from pudendas to pot?

Stay tuned.

And don’t forget to order your Magical Canni-Butter Crock Kit today!

========================================================

A HEAD-ON collision near Boonville between a big rig and a Mercedes shortly before 8am Wednesday morning, briefly closed 128 at the junction of 128 and 253. One person, presumably from the Mercedes, was taken by ambulance to Ukiah. No further details were available as the day concluded.

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DUI: IS IT AN ASSAULT?

Mendocino County judge hears arguments.

by Tiffany Revelle

In what could be a precedent-setting case, Mendocino County Superior Court Judge Ann Moorman will rule next week on whether a Ukiah woman accused of driving drunk through her neighbors’ fence and into their house should also face a felony charge of assault with a deadly weapon.

The felony charge was the point of contention in Mendocino County Superior Court during a daylong preliminary hearing Tuesday. A preliminary hearing is the district attorney’s chance to show a judge enough evidence to bind the defendant over for trial for the crimes.

Moorman said she would likely issue holding orders for five of the six charges against Joan Rainville, 53 — which also included driving with a license suspended for prior DUI convictions — but would need to review cases cited by both the prosecution and defense before ruling on the felony assault charge.

“I don’t think she intended to run anyone down, but I don’t think that’s the standard of the law,” said prosecutor Matt Hubley of the Mendocino County District Attorney’s Office in his closing arguments.

He again showed the court a picture of a white wicker chair where one of Blair Carlson’s friends had been sitting just before 9 p.m. May 26 when Rainville’s 2008 Toyota Camry crashed through her fence and into her backyard toward her patio, where she and her husband were entertaining guests. The chair was just a foot away from where the car jumped onto the cement patio and hit the side of the house, cracking the wall of the main bedroom where Carlson’s 8-year-old son had been sleeping.

“We’re not having this discussion if that chair gets hit,” Hubley said. “Did anybody on that patio who was screaming and yelling for her to stop wonder if the car was a deadly weapon?”

Hubley upped the otherwise misdemeanor DUI case to the felony level with the assault charge on the premise that Rainville has had at least two prior DUI convictions since 2005, and had been advised during court proceedings that driving under the influence is dangerous to human life. That knowledge, he said previously, supports a charge of assault, which is the intent to commit battery.

The cases he cited “hold that the intent to commit battery can be inferred when the defendant commits acts that are inherently dangerous to others,” Hubley said. “If there is enough subjective awareness of the risk posed to others, that can rise to the level of implied malice.”

Rainville’s Ukiah defense attorney Justin Petersen argued that witness testimony given Tuesday indicated she didn’t know what was happening.

“My client has to know the surrounding circumstances that make it dangerous, and you can’t judge that by what she should have known, but by what she actually knew,” he said.

In order to stand up in court, a charge of assault with a deadly weapon needs to be based on “more than a risk of harm,” Petersen argued, but must have consequences that are “substantially certain.”

The judge and both attorneys acknowledged that there were no known cases on record where a DUI case became an assault-with-a-deadly-weapon case on that premise.

The danger in holding Rainville to answer the assault charge, Petersen argued, is that assault would then be too broadly defined.

“If you want to call this a 245 (assault), how many millions of other cases of driving under the influence are going to become assault cases?” he said.

Petersen said Rainville got into her car intending to pull backward out of her parking space at the apartment complex next door to the Carlson house but mistakenly thrust the car forward through the fence instead.

Rainville’s blood-alcohol level about an hour after the accident was 0.25, more than three times the legal limit, Ukiah Police Department officer Anthony Delapo testified Tuesday.

Hubley also called to the witness stand a retired California Highway Patrol officer who witnessed a 2005 incident where Rainville crashed into a tree in the town of Mendocino, resulting in a DUI conviction. He also called to the stand UPD officer Kevin Murray, who investigated a February accident where Rainville rear-ended a driver at a stoplight on South State Street at Gobbi Street, also resulting in conviction.

Her blood-alcohol levels had been 0.36 for one incident and 0.29 for the other, Moorman noted.

Also on the stand was state Department of Justice criminalist Matt Kirsten, who specializes in interpreting blood-alcohol test results. According to a study he cited, a person driving with a blood-alcohol level of 0.15 is 45 times more likely to be in an accident than a sober driver.

Petersen argued that even so, the chances of driving under the influence resulting in an accident are “about one in 1,000.”

He continued, “Even though the substantial risk is serious, it’s still a tiny risk of hurting somebody.”

According to one of the cases he cited, the court must find that “injury is bound to happen.” He added, “there’s a difference between virtually inevitable and risk.’”

Moorman will render her decision on the assault charge and the other charges against Rainville Aug. 13.

(Courtesy, The Ukiah Daily Journal)

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DANIEL JOSEPH BARRETO, 62, of Sparks, Nevada had been camping near Mendocino with his family when he went out fishing late Friday afternoon in a kayak. When Barreto hadn’t returned by 8pm his family reported him missing. His body was found in a kelp bed near Albion after his kayak was spotted from the air by a Coast Guard helicopter on Monday evening. A weekend search for Barreto had been hampered by a thick fog.

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CALIFORNIA TRANSPORTATION COMMISSION

APPROVES $487 MILLION FOR STATEWIDE TRANSPORTATION IMPROVEMENTS

EUREKA – The California Transportation Commission Wednesday announced it has funded $487 million for 82 construction projects to improve transportation, safety, and mobility across California. “The California Transportation Commission is taking action to improve transportation, safety, and mobility from Del Norte to San Diego County,” said California Transportation Agency Secretary Brian Kelly. “These construction projects put people to work and improve the quality of life for millions of Californians.” “California is investing in transportation infrastructure to support regional job growth and improve the state’s mobility for years to come,” said Caltrans Director Malcolm Dougherty. The allocations include $169 million from Proposition 1B, a 2006 voter-approved transportation bond. To date, more than $16 billion in Proposition 1B funds have been put to work statewide. The remaining $318 million in allocations today came from various state and federal transportation accounts. Highlights of the funding allocations include: Del Norte County – $14.9 million for a project on Route 199 at the Patrick Creek Narrows near Gasquet to widen and realign the highway, and replace a bridge. Humboldt County – $4.7 million for a project on Route 169 at various locations to widen the highway and install metal beam guardrails. Mendocino County – $9.5 million for two projects on Route 128 to rehabilitate culverts and stabilize an embankment.

The two Mendocino/Highway 128 projects are:

1. $5,000,000 — Near Boonville, from west of Mill Creek Bridge to east of Beebe Creek Bridge. Rehabilitate existing culverts, replace deteriorated culverts and place standard drainage inlet and outlet structures at 51 locations to improve drainage.

2. $4,500,000 — Near Boonville, from Shearing Creek Bridge to 0.7 mile west of Maple Creek Bridge. Stabilize embankment, install cast-in-place steel reinforced ground anchor wall system and rock slope protection damaged by heavy rainfall.

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COMMENT OF THE DAY UNO: I’ve been taking CBD since February. I have cancer. I get mine, even though I live in SoHum, from a person in Marin who grows the strain of plant that has no THC. There are about six strains that he uses. He also puts some THC in some of his tincture as it also had medicinal purpose. He has a great web page with lots of information about CBD. Just Google www.synergymmj.com or Synergy Wellness to find out more. He has a legal business. I would suggest that a few of the people who made comments below me take the time to find out what you THINK you are talking about. CBD has been proven to stop tumor growth as well as reducing seizures and a variety of other ailments. I will find out how effective it is when I get my scan results on Friday. I have also been doing chemo so I am very anxious to see if anything has worked. But, I have not had all the horrid side effects that I think I could have had from chemo if I wasn’t taking CBD. Both my oncologist in Eureka and at UCSF had no problem with me taking CBD during my treatment. Dr. Gubbens at UCSF told me that many of his patients take CBD. This has nothing to do with growing pot for profit or abusing a 215, like so many people around here tend to do. Marijuana is way overdue to be made legal.

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COMMENT OF THE DAY DOS (Glenn Greenwald): “President Obama today canceled a long-scheduled summit with Russian President Vladimir Putin in part because the US president is upset that Russia defied his personal directive to hand over Edward Snowden despite the lack of an extradition treaty between the two nations. That means that US media outlets will spend the next 24 hours or so channeling the government’s views (excuse the redundancy) by denouncing the Russian evil of refusing extradition. … The US constantly refuses requests to extradite — even where (unlike Russia) they have an extradition treaty with the requesting country and even where (unlike Snowden) the request involves actual, serious crimes, such as genocide, kidnapping, and terrorism. Maybe those facts should be part of whatever media commentary there is on Putin’s refusal to extradite Snowden and Obama’s rather extreme reaction to it.”

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A YOUNG BLONDE WOMAN was speeding down the road in her little red sports car when she was pulled over by a woman police officer who also happened to be a blonde. The blond cop asked to see the blonde driver’s driver’s license. The blonde driver fumbled and dug through her purse with frustration and difficulty, getting progressively more agitated. “What does it look like?” the driver finally asked the cop. The policewoman replied, “It’s square and it has your picture on it.” The driver dug deeper and finally found a square mirror near the bottom of her large designer purse, looked at it and handed it to the policewoman. “Here it is!” she chirped. The blonde officer looked at the mirror, then handed it back saying, “OK, you can go. I didn’t realize you were a cop.”

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SUSAN SPENCER & MICHAEL WILSON of Philo are currently exhibiting their assemblage art at Handley Cellars tasting room through the month August. Hours are 11am to 6pm. Assemblage Art is done first by sorting through materials that may be used in three dimensional “Junk or Found Art.” In the world of “Common Objects” and elements, we find that they can be transformed into a representational art form. “There are certain modes of construction and cohesion in the relational paths that bring you to a finished piece of work,” Michael says. Susan recently had a successful group show at the Gualala Center for the Arts and Michael is currently at Healdsburg Arts off the main Plaza in a continuing exhibition.

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EDITOR,

Our Public Defenders! Recently I found myself up against the Ukiah DA’s office for a car accident they called a felony. Shockingly and without proper funds I went to the Public Defender’s Office. The most amazing thing happened. I found this office to be the most caring, intelligent, hardest working group of people who never get enough credit. My attorney was Eric Rennert. Behind him and the whole office is yet another truly dedicated driving force, Linda Thompson. I never would have believed (as I had never been in the justice system before in my 62 years) that there are such people who care and will go the full mile to help people like me. What most of us do not understand is that we are all innocent until proven guilty. This is not what we found to be true. Over two years and pleading not guilty to this felony charge Mr. Rennert went to work on our case. He was not even through with his re-direct of the DA’s first witness when I was offered a lesser plea. There is no doubt that if we continued with the case and presented all the evidence that this whole matter would have been dismissed. How much time and taxpayer money went into this case that went on for over two years? If you’ve lived in Mendocino county for as long as we have you’ve also seen the changes going on with home invasions, murders and more. Please remember that all people are innocent until proven guilty and do NOT jump to conclusions before you see all the facts. And more than anything, give credit where credit is due, to our Public Defender’s Office! They are, to say the least, a group of outstanding people who really care about their fellow man. Cheers and a round of applause for the hard working people who never get enough credit for what they do. — Howard Krejci, Willits

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PLEASE SPREAD THE WORD about some great horses looking for homes. We are also looking for foster homes and/or people who would like to work with a horse. Lake County Animal Shelter has three horses that we believe we could adopt out fairly easily but our foster homes are full. We also need volunteers who would be interested in evaluating horses for their training level so we can be sure to find them the best home possible. For information about how to help or about available rescue horses go to www.saferhorse.com. Thank you, Angie Herman, SAFER Equine Rescue

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LETTER TO THE EDITOR

Move to Amend Coalition of Mendocino County Moves Forward.

Last November a resounding 74% of Mendocino voters passed proposition F in favor of a constitutional amendment clarifying that corporations are not people and should not have the same “rights” under the constitution as human beings. It also said that political spending does not constitute “free speech”. Recently, the Mendocino County Move to Amend (MTA) affiliate met with Assemblyman Wes Chesbro and Jeff Tyrrell, a staffer from Senator Noreen Evans office to discuss supporting “We the People” Amendment, House Joint Resolution (HJR) 29. HJR 29 calls for passage of a constitutional amendment that would state that Corporations are not people Money is not the same as free speech and political spending can be regulated. At this meeting the MTA group provided critical and in depth information about HJR29. Assemblyman Chesbro agreed that a constitutional amendment is needed and has previously voted “yes” on a related Assembly Resolution. We had a similar discussion with Jeff Tyrrell. Since the Supreme Court’s 2010 Citizens United ruling, record amounts of money have been spent in races throughout the country. Due to Corporate constitutional “rights” allowed through the 14th Amendment, local legislation in several states, enacted by its citizens, have been overturned. Case in point, the Supreme Court overturned a Vermont law requiring labeling of all products containing bovine growth hormone. (International Diary Foods Association vs Amestoy). HJR 29 addresses the legal fiction of corporate constitutional “rights” and the entrenched influence of monies in our democratic process. Mendocino County MTA is interested in continuing to inform our county of the forward movement of this issue to preserve the sovereignty of its citizenry and to fight the growing sense of disenfranchisement of the political process. — Joyce (Joy) Gertler, Caspar

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CAN’T HURT

Please Chant Mahamantram to Neutralize Bogus Govt. Energy Hare Krishna Hare Krishna Krishna Krishna Hare Hare Hare Rama Hare Rama Rama Rama Hare Hare Please visualize this being chanted around the beltway in Washington DC, with a caravan featuring YOUR BAND HERE, plus ritualists, poets, Earth First!ers, peace and justice activists, and the anonymous people fed up with a dissatisfying life of being plundered by materialistic institutions and their slave-employee minions. I mean, when are we going to finally tell this pointless, idiotic civilization to just FUCK OFF!? Three of us are in a house near Pittsburgh, PA. We need cooperation to get situated closer to DC And we need other participants. I have recently been informed that a lot of protesters are leaving DC at this time, to travel or to “get the hell out of there.” Fair enough, but the three of us (formerly of the DC Occupy kitchen working group) want to get the hell into DC, in order to counteract the bogus energy there; which is degrading all facets of the earth plane, in particular destroying the planet’s ecological systems to a point of irrecoverability. I mean, this is serious, y’all! Craig Louis Stehr, August 7, 2013 Email: craigstehr@hushmail.com Blog: http://craiglstehr.blogspot.com

Mendocino County Today: August 9, 2013

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A 66-YEAR-OLD MAN, not yet identified, died in a single-vehicle crash near Laytonville on Monday afternoon about 3. The deceased, driving alone in a 2003 Ford SUV, unaccountably ran off the east edge of 101, down an embankment and hit a tree. The CHP said the dead man hadn’t been wearing a seatbelt.

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THE FOLLOWING PRESS RELEASE has been edited by the Anderson Valley Advertiser to reflect local realities: The Mendocino County Office of Education, a 19th century relic that does not do a single thing that couldn’t be done cheaper and better by the individual school districts of Mendocino County, is seeking candidates for a soon-to-be open seat on its board of trustees. The position pays a couple of hundred bucks a month and comes with a lush package of medical fringes not enjoyed by most residents of Mendocino County or, for that matter, most citizens of the United States. Walking around money and free health insurance for “trustees” paid for out of classroom dollars, is to ensure their loyalty to the superintendent and to generally keep up the pretense that he and his agency do something of value. MCOE Superintendent Paul Tichinin, one of Mendocino County’s highest paid public officials, at roughly $120,000 a year to do a job with no visible duties and only the vaguest responsibilities, announced Wednesday that trustee Diane Zucker, whose term expires this year and also happens to be AVA editor Bruce Anderson’s sister-in-law, not that she cares to have that grim fact known, will not be running for re-election. The Widow Zucker has served twice on the board for a total of 13 years, and currently represents Area 2, which is Ukiah, east of which the County Office of Education is located in splendid isolation at Talmage, unvisited, no real function, funded at better than $46 million a year. “Diane has consistently served the county board with enthusiasm and dedication to the students of Mendocino County,” Tichinin said, perhaps surprised that there are such people in public education, but really meaning to say, “She only laughed out loud at me a coupla times.” Anyone interested in running for Ms. Zucker’s seat must file with the County Elections Department by Aug. 14 at 5pm, but must also be of the correct type — a cross between Jim Mastin and Mari Rodin say, although in a pinch a hybrid of Oop Bop A Loop and Bruce Richard would do just as well. “We don’t want one a them negative type people,” the superintendent clarified. Candidates must be at least 18 years old and registered to vote as a Hillary-Obama Democrat, but pot-smoking Republicans will be considered if they wear chinos, Hawaiian shirts, groovy guy pony tails, and shake their liver-spotted, flabby booties with Spencer Brewer at inland boogies. “Christ, who cares?” Tichinin concluded his announcement of The Widow Zucker’s retirement. “It’s all a lot of bullshit anyway. Hell, look at me. I’ve gotten over for years without anyone knowing or caring that I don’t know my ass from an abalone.” Call the elections office at 463-4371 for more information. According to the MCOE, the board is “committed to providing the leadership necessary to meet the educational needs of a multicultural and diverse student population to increase student success,” a statement so resoundingly false that God, if He were paying attention, would instantly strike down the person making it. It, the board apparently, typically meets the second Monday of each month at 10am when everyone else is at work, real work.

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PATROL DEPUTIES in Mendocino County and beyond are unhappy with “realignment,” Governor Brown’s response to a federal mandate to
 return “non-violent, non-sex, non-serious”
state prison inmates to local jails to serve their time. As far many local cops are 
concerned “realignment” simply accelerates the “catch and release” approach to law enforcement already in place.

ALTHOUGH MOST senior law enforcement
 officials both locally and statewide continue to promote “realignment” as
 a great success, patrol deputies who see the same criminals back on 
the streets after very short stays in jail, do not agree. “I wonder if the
 public in general knows about this, or even cares?” one cop recently
 grumbled.

METHAMPHETAMINE-DRIVEN crime is epidemic. Tweekers need to 
be locked up not only to save themselves, but to keep them from stealing everything they can get their
 hands on to buy crank. Add the growing low-level crime to 
Mendocino County’s chronic under-staffing and the picture line cops paint
 is not pretty as realignment puts state prisoners in 
local jails and pushes more County inmates who need to be in 
jail out onto the streets.

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THE NATIONAL WEATHER SERVICE in Eureka has published a fire weather watch in effect from 3:17 PM Thursday, Aug 8, 2013. The following is the alert (The alert has been modified slightly from all uppercase to lowercase letters, etc.) The agency is warning of thunderstorms with “abundant lightning today and possibly again on Friday.” An upper low moving towards northwest California will bring a threat of thunderstorms to areas of Trinity, northeast Humboldt, northeast Mendocino, and eastern Del Norte counties this evening through Saturday. The greatest threats are those areas bordering Siskiyou County with a lesser threat over Mendocino county. The activity will start Thursday afternoon and continue into the evening. Thunderstorms may be accompanied by heavy rain, possible hail, and locally gusty winds. Scattered shower activity will likely occur again on Friday but there is still uncertainty regarding the amount of thunderstorms. Only a few storms will be possible Saturday mainly over the higher terrain bordering Siskiyou County.

THERE IS A RED FLAG WARNING for areas of the Upper Smith, inland Portion of the Smith River drainage within the Six Rivers National Forest, lower middle Klamath, inland portion of the Klamath River drainage within the Six Rivers National Forest and the Ukonom district of the Klamath National Forest, Hupa, the Hoopa Indian Reservation and the lower portion of the Trinity River drainage within the Six Rivers National Forest, Trinity, the western portion of the Shasta Trinity National Forest; there is a Red Flag warning from alert in affect from 3:17 PM Thursday, Aug 8, 2013.

The Red Flag warning now in effect until 11 AM PDT Friday for thunderstorms for fire weather zones 203… 204… 211… 212… 277 and 283. The fire weather watch now in effect from Friday morning through Friday evening for thunderstorms for fire weather zones 203…204…211…212…277 and 283.

AFFECTED AREA. Fire Weather zones 203… 204… 211 and 283. Thunderstorm activity is expected this evening and tonight. Possibly lasting into Friday morning. The highest threat will be near the border with Siskiyou County this afternoon. Later tonight into Friday morning there is a chance for more thunderstorms. Additional thunderstorms are possible Friday afternoon.

Collapsing Thunderstorms may produce gusts over 40 mph. Otherwise winds will remain generally light and terrain driven. Hail up to a quarter size will be possible with the strongest storms.

Impacts: Dry fuels along with the potential for abundant lightning may result in new fire starts.

(A fire weather watch means that critical fire weather conditions are forecast to occur. Listen for later forecasts and possible red flag warnings. A red flag warning means that critical fire weather conditions are either occurring now or will shortly. A combination of strong winds, low relative humidity and warm temperatures can contribute to extreme fire behavior.)

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BREAKING NEWS! THIS JUST IN! (ScienceDaily.com) Dogs yawn contagiously when they see a person yawning, and respond more frequently to their owner’s yawns than to a stranger’s, according to research published August 7 in the open access journal PLOS ONE by Teresa Romero and colleagues from the University of Tokyo. Pet dogs in the study watched their owner or a stranger yawn, or mimic a yawning mouth movement, but yawned significantly more in response to their owners’ actions than to the strangers’ yawns. The dogs also responded less frequently to the fake movements, suggesting they have the ability to yawn contagiously. Previous research has shown that dogs yawn in response to human yawns, but it was unclear whether this was a mild stress response or an empathetic response. The results of this study suggest the latter, as dogs responded more to their owners’ genuine yawns than those of a stranger. The researchers observed no significant differences in the dogs’ heartbeat during the experiments, making it unlikely that their yawns were a distress response. Explaining the significance of the results, Romero says, “Our study suggests that contagious yawning in dogs is emotionally connected in a way similar to humans. Although our study cannot determine the exact underlying mechanism operative in dogs, the subjects’ physiological measures taken during the study allowed us to counter the alternative hypothesis of yawning as a distress response.”

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JOIN SANCTUARY FOREST on Sunday, August 18 for the Big Red: Ancient Redwood hike! This is an exciting opportunity to explore a section of virgin, Mattole headwaters forest, untouched by logging and rarely entered by humans. There are no trails, paths or markers, and guided hikes are the only safe way for the public to see this forest and visit Big Red. Hike leaders Stuart Moskowitz and Richard Gienger will take participants from the Mattole River to the ridge top and back to the Mattole for a total of 4 miles. Bring a picnic lunch to enjoy along the ridge top, where Stuart & Richard will share stories about the community’s historic efforts to preserve different areas of this forest, including the 2,000 year old Big Red, which sparked the creation of Sanctuary Forest in 1987. Meet at 9 a.m. at the Sanctuary Forest office. Wear sturdy walking or hiking shoes, and bring plenty of water. Hikers should be prepared for a rigorous, mostly uphill adventure on uneven terrain—there is also a very steep, slippery downhill section towards the end. The hike is free of charge, though donations are gladly accepted and help Sanctuary Forest offer this program year after year. For questions or clarifications, contact Marisa at marisa@sanctuaryforest.org, or call 986-1087 x 1#. Hope to see you there!

BigRedSupport from volunteers and local businesses have made this program possible for Sanctuary Forest. Local businesses that have made generous contributions are Blue Star Gas, Jangus Publishing Group, Whitethorn Winery, Charlotte’s Perennial Gardens, The Security Store, Chautauqua Natural Foods, Clover Willison Insurance Services, Hohstadt Garden Center, Roy Baker, O.D., Worthy Construction, Wyckoff Plumbing, Mattole Meadows, James Friel Plumbing, Ned Hardwood Construction, Randall Sand & Gravel, Sylvandale Gardens, Redwood Properties, Dazey’s Supply, Monica Coyne Artist Blacksmith, Southern Humboldt Fitness, Pierson Building Center, Whitethorn Construction, Caffe Dolce, Mattole River Studios, and Wildberries Marketplace. Sanctuary Forest is a land trust whose mission is to conserve the Mattole River watershed and surrounding areas for wildlife habitat and aesthetic, spiritual and intrinsic values, in cooperation with our diverse community. (— Marisa Formosa)

 

Big Red in February 2013. Photo by: Marisa Formosa

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THE MENDOCINO COUNTY COMMUNITY INNOVATIVE PLANNING MEETING FOR MENTAL HEALTH SERVICES ACT (MHSA) will be August 20, 2013 from 12:00 to 1:00 p.m. in Laytonville. The meeting will occur at the Laytonville Unified School District Board Room, 150 Ramsey Road, Laytonville. Members of the public are encouraged to attend the meeting to provide suggestions, ideas and feedback on a possible Innovative Mental Health program. Meeting agendas are published at: http://www.co.mendocino.ca.us/hhsa/mhsa.htm. To attend this meeting by phone, Call-In at: (888) 296-6828. When prompted for the Participant Pin, Dial: 756853 followed by the pound # sign.

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MENDOCINO COUNTY APPLE FAIR ENTRIES need to be submitted by Friday, August 16. Entering produce, flowers, arts and crafts, etc. is a great way to support our county fair. Also, the AV Foodshed is helping to support our fair by having a booth in the Ag building across from the apple tasting. We are asking people to sign up to teach a short workshop (or help) on some kind of rural living skill, along the lines of our recent Not-So-Simple Living Fair workshops, but shorter. We need two in each time slot; one teaching a workshop and one helping and manning the table on Friday, Saturday and Sunday, September 13-15. We also need help building our booth, setting up (Thursday) and tearing down (Sunday). Please respond to cwilder406@gmail.com with your preferred day, time, topic and phone number. (For more about the fair itself and entry guidelines go to http://www.mendocountyfair.com/. )

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FREEDOM OF SPEECH ON KZYX WITH ROBERT MCCHESNEY, FRIDAY, AUGUST 9 @ 9:00 AM, PACIFIC TIME — “All About Money.” Because freedom of speech as been on my mind lately — I was cut off from public comment at a recent (July 16) Mendocino County Board of Supervisors meeting — I’m doing another show on it. Our last show with Hedrick Smith, long-time Washington bureau chief of The New York Times, also a Pulitzer Prize winning author and Emmy Award winning producer at Frontline, was a huge success. This Friday (August 9), my guest, Robert McChesney, and I will discuss the buyout of The Washington Post by Jeff Bezos, founder and CEO of Amazon.com. What does this mean for freedom of speech, if Amazon was capable of cutting off WikiLeaks from its servers after the WikiLeaks released State Department cables? McChesney is a national media expert and professor of communications at the University of Illinois. Recent books include “Dollarocracy: How the Money and Media Election Complex is Destroying America” and “Digital Disconnect.” Jim Sweeney, Assistant Editorial Director of The Press Democrat will also join the show. Robert McChesney, rwmcchesney@gmail.com McChesney is co-author of “Dollarocracy: How the Money and Media Election Complex is Destroying America” and author of “Digital Disconnect: How Capitalism is Turning the Internet Against Democracy”, both published this year. He is professor of communications at the University of Illinois. Said McChesney: “As the commercial model of journalism is in free fall collapse, those remaining news media franchises have become playthings for billionaires, generally of value for political purposes, as old-fashioned monopoly newspapers still carry considerable influence. The United States went through this type of journalism at the turn of the last century and it produced a massive political crisis that led eventually to the creation of professional journalism, to protect the news from the dictates of the owners. Today professionalism has been sacrificed to commercialism, and the resources for actual reporting have plummeted. “Perhaps nothing better illustrates the desperation facing American journalism and democracy better than the fact we are reduced to praying we get a benevolent billionaire to control our news, when history demonstrates repeatedly such figures are in spectacularly short supply, and the other times we relied on such a model crashed and burned. America meets an existential crisis with an absurd response. No wonder this is a golden age for satire. We have to do better.” In December 2010, Amazon.com cut off WikiLeaks from its computer servers after the group released a trove of State Department cables. See this letter to Bezos, “Human Rights First Seeks Answers From Amazon in Wake of WikiLeaks Drop,” written at the time. McChesney is also the co-founder of Free Press. See: http://www.freepress.net/ For more about McChesney, see: http://www.communication.illinois.edu/people/rwmcches

Mendocino County Today: August 10, 2013

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LIKE MANY LOCALS, I’ve enjoyed the Haul Road north of Fort Bragg for years, an amenity we enjoy courtesy of the padrones of yesterday’s timber industry, and an amenity enjoyed by few other towns between San Diego and the Canadian border. For you readers unfamiliar with Fort Bragg, the Haul Road began as a logging railroad cut straight down the Mendocino Coast from a rich source of old growth redwood ten miles north of town. The rail line, installed around the turn of the 20th century, was eventually paved for post-War logging trucks and, I believe, in the early 1970s, was taken over by State Parks and opened to the public for walking and direct access to the Pacific.

HaulRoadBECAUSE most of the Haul Road abuts the ocean, much of it has fallen into the sea, especially the lengths of road north of MacKerricher State Park. State Parks has a $750,000 grant to take out the pavement and related debris in the area of Ward Avenue. Lots of people want Parks to somehow revamp the collapsed sections to a walking path, which seems impossible-to-futile to this Boonville walker, but doable to many others. What to do about that portion of the Haul Road — 2.7 miles of macadam chunks, will, along with the Mike Sweeney Memorial Transfer Station, be discussed at the Supe’s meeting this Tuesday at Town Hall Fort Bragg, beginning at 10am.

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WHY A NEW ONE? Why not leave the trash transfer station at Caspar? According to a thorough account on a proposed new transfer station off Highway 20 by the excellent Frank Hartzell of the Fort Bragg Advocate News, Tuesday’s (Aug. 13) joint meeting of the Fort Bragg City Council and County Board of Supervisors at Fort Bragg’s Town Hall “may determine the future location of a waste transfer station for the coast.”

MIKE SWEENEY, manager of the Mendocino Solid Waste Management Authority, reveals that Fort Bragg and the County “have been working to develop a site where collection trucks and residents can drop off waste and recyclables to be sorted and packaged for transport.” According to Sweeney via Hartzell, a new trash op on Highway 20 three miles east of Fort Bragg would “reduce long-term costs of waste disposal, increase flexibility for long-haul transfer and reduce truck and traffic emissions.” (The full report is online at MendoRecycle.org.)

ACCORDING to Sweeney’s report, retooling Caspar would cost $3.86 million, while ground-up site development and construction at Highway 20 is estimated at $4.79 million.

FOURTH DISTRICT SUPERVISOR Dan Gjerde apparently is for the Highway 20 site. As quoted by Hartzell, Gjerde has said that “…the Highway 20 site, with its central location, would require shorter local truck trips for the garbage hauler, and so it is expected to impose even lower operational costs on coast garbage rates, especially the long-term rates.” In fact, it’s less central for Mendocino and Albion-area residents and not particularly relevant to Fort Bragg, whose trash is mostly handled by a commercial hauler.

THIS ONE SEEMS to be a done deal. It also seems to us a deal that is not justified by the presumed long-term savings, if any, and we’re not opposed simply because we consider Sweeney, the sole suspect in the 1990 car bombing of his ex-wife, a criminal sociopath. This country is run by criminal sociopaths, as a glance at Wall Street confirms. No one has ever accused Sweeney of not being capable; heck, he pulled off this major unresolved felony that enriched his two daughters and Darryl Cherney while managing to reinvent himself as Mendo’s lead trash bureaucrat, transitioning seamlessly from Maoist maniac to glib-guy acronym-spouter, a self-reinvention possible only in the unique amnesio-psycho-cannabis ambiance of Mendocino County, where everyone is whatever they say they are and history starts all over again every day.

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IRONIES AND CRIMES everywhere one looks in Mendocino County. Every time I see or hear mention of “Town Hall” Fort Bragg, I remember the Fort Bragg fires of 1987 when, in one spectacular night of arsons, well-connected criminals burned down the old Fort Bragg Library, the adjoining Ten Mile Courthouse and the venerable Piedmont Hotel. Today’s Town Hall arose from the ashes of the old library and courthouse. Most places in America criminals who torched a town’s civic center would be arrested and prosecuted. Not here. Never happened, and here we are, floating beneath an officially sanctioned umbrella of major crimes, unpunished, largely forgotten.

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THE BOONVILLE CONNECTION: According to Friday’s SF Chronicle, Randy Alana, 56, a registered sex offender and convicted killer, is being questioned about the disappearance of an Oakland woman who worked as an investigator for the federal public defender’s office. The remains of a woman fitting the missing woman’s description have been found near Vallejo, and Alana is under arrest for failing to register as a sex offender.

Alana

Alana

I ONCE FUNCTIONED as Alana’s foster father, as I also once functioned as David Mason’s foster father. They both lived with my family at the same time when we all arrived together in the bucolic Anderson Valley. Mason was subsequently executed at San Quentin for the ice pick murders of old ladies in the East Bay and for knocking off a cellmate. Alana was convicted of murder, rape and also killed a guy in jail.

BEFORE YOU GO all judgmental on me with accusations that I helped create the spectacular adult psycho-sexual maladjustment of the two lads, let me say that when I knew them as 14-year-olds it was well after they’d been deformed by their formative years. The short of it is with these guys, and millions of others on the receiving end of the American class system, intervention comes way too late — take a kid out of a pathological home when he’s 12, and he’s already damaged beyond repair, already has learned to get what he wants by force and violence. He’s unlikely to change until he gets too old and tired for crime. Of course just as many damaged children who spend their youths in bad homes and bouncing around the foster care system don’t grow up to become killers, but none of them, psycho or not, have an easy time of it, especially in the mass pathological psycho-social context we have going in this country.

ALANA spent about a year in Boonville. As a kid, he had a pronounced aptitude for, and interest in, automobile mechanics. If he’d been left in Boonville instead of “reunified” with his family, a bedraggled punching bag of an immigrant German mother and an alcoholic black father, the boy might have regained some of the fellow feeling that had been beaten out of him as a much younger child. Ditto for David Mason.

THE LAST TIME I picked up a morning paper to be startled by this guy, he was described as an “enforcer” for the prison version of the Black Guerilla Family, I think his affiliation was called. Alana, 6’6” and 260 was awaiting trial on charges that he’d murdered someone in prison when he and another guy stabbed another inmate to death.

HOW DID A GUY like this ever get out? If he’s responsible for the disappearance of Ms. Coke, a former love interest, that question is going to be asked a lot. Alana racked up his murder and rape charges in the early 1980s when he was still young, only a few years out of Boonville. He must have done well enough inside prison, apart from a cellblock murder here and there, to convince a parole board that he would no longer be a roving menace on the outside. But I must say, if he appeared at my front door today to reminisce about the old days in Boonville, he’d have to do it at gunpoint. He was dangerous as a kid, as was the aforementioned Mr. Mason, and both of them got a lot more dangerous as they grew into adulthood.

IN BOONVILLE, circa 1971, I suffered my first interface with the County’s educational establishment, at least its Boonville branch. I’d gone to see the Boonville school superintendent about enrolling Alana in the school’s automotive repair classes. Alana sported a big afro, as was the style among young black people at the time. The school chief said, “Sure, but he’s got to get a haircut.” I was nonplussed. The hair issue had already been to the Supreme Court where the ruling had been, “Like, it’s a matter for parents to decide, not school administrators.” But the superintendent, an edu-intellectual of the type still prevalent in the County, explained, “I’ve seen those people hide razor blades up there.” It went to the Boonville School Board. They also said no haircut, no automotive repair class. As I tried to explain hair law at the inevitable special school board meeting called to discuss hair length, the mob assembled for the meeting muttered threats and advised me to sit down and shut up. I concluded it wasn’t safe at Boonville High School for the kid so I didn’t pursue his enrollment; he was not a kid to suffer fools and bad things could have happened if, as was likely, the superintendent tried to cut his hair. Soon thereafter, with “family reunification” being the social work theory in vogue in the early 1970s, as was the cockamamie notion that hyper-aggressive delinquents invariably possessed a tell tale “simian crease” on the palms of their hands that made them prone to ultra-vi, the boy went home to Oakland and on into a life of mayhem and incarceration.

(A WOMAN’S BODY, presumed to be that of Ms. Coke, was found Friday about 1pm off Cherry Glen Road, across Interstate 80 from Lagoon Valley Park in Vacaville.)

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ON-LINE STATEMENT OF THE DAY: “After 35 years in education, I find that children who are ‘English only’ often are the least fluent in my classroom. Why? The average child gets eight hours a day of ‘screentime’ — video games, computer TV, Baby Einstein, etc. That means eight hours a day they do not have interactive language with anyone — how can you learn your native language (English or otherwise) if no one talks to you? Watch a parent in the grocery store. Chances are they are on their cellphone, not interacting with their child. Some parents talk to their children in the grocery store — ‘Look, they have bananas! We need some yellow bananas, so let’s count…’) The child learns the cadence of the language, the sentence structure and grows up with a profound vocabulary, ready for literacy when they enter school.” … And books? The Rotary Club in Santa Rosa gives each third grader a children’s dictionary every year. I cannot tell you how many children cry because it is the first book they have ever been given in their lives! Then they take the dictionary home and read it. How can you expect the complex skill of literacy when many children come from homes without books?”

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Evans

Evans

NOREEN EVANS, state senator out of Santa Rosa, will announce next week that she will not seek re-election in 2014. She was elected in 2010. Insiders say she’s interested in a SoCo supervisor position. She’s always been interested in money and has been dogged by questions about tax funded jaunts here and there while also drawing a salary from the law firm she worked for prior to her stay in the state senate.

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DISCOVERY DAY for youngsters. Date: Saturday, August 17, 2013. Time: 1-4pm. Free Admission for Kids 12 and Younger. Mendocino Coast Botanical Gardens, 18220 North Highway One Fort Bragg— Plant a special flower pot, See how a seed sprouts, Play with art in the garden, Make a bag of herbs and a fairy wand, Take home a cup of succulents to plant…. Fun projects with the Master Gardeners and Fort Bragg Garden Club! For Information Call: 964-4352 x10.

Mendocino County Today: August 11, 2013

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WE’VE COMPLAINED for years that California River Watch, in Occidental, is operated as a non-profit shakedown racket by a man named Jack Silver. Silver rifles the reports filed with the North Coast Regional Water Quality Control office in Santa Rosa by municipalities then, based on the information provided, sues the municipalities filing them. (You can google the stuff we’ve written about him over the years, or search this website for the more recent material.)

THE CITY OF WILLITS is trying to get in full compliance but, like many broke small towns, Willits finds it difficult to maintain an aging infrastructure. It’s not as if Willits is deliberately out of compliance with the Clean Water Act, and it’s not as if anybody is going to get sick because their tap water is running dirty in big rains. But Silver will now inform Willits that if they send him a nice hunk of dough as attorney fees for his hard work filing the complaint with the feds, typically between 50 and a hundred thou, he won’t take Willits all the way into court. This character has been doing this up and down NorCal for going on two decades.

LINDA WILLIAMS of the Willits News has an excellent account of Silver vs. Willits in that paper’s August 9th edition, reporting on Silver actually filing suit in federal court against Willits, and nicely sums up the action this way: “River Watch requests the court require the city to cease violations now 
and in the future and to order the city to pay ‘civil penalties per
 violation/per day for its violations of the CWA’ and to pay River Watch
 reasonable attorney’s fees and costs.” (Our emphasis)

WILLIAMS CONTINUES, “In this filing River Watch claims the city violated its sewer plant permit by having water leak into the sewer collections lines during wet weather. This overloads the sewer system and results in the discharge of raw
 sewage into gutters, canals, and storm drains connected to adjacent 
surface waters,” according to the claim document.

IN MAJOR RAINS, disposal systems all over the County have difficulty, and all over the County there is unwholesome runoff into streams from all manner of sources, but most of those sources don’t carry great big insurance policies that towns and cities carry.

WILLITS, like all the entities sued by Silver, is in the process of making good faith efforts to maintain a fail-safe infrastructure. If they weren’t, Silver wouldn’t have the information to sue them with.

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WHAT YOU WON’T FIND in an internet or site search however is this very revealing debate hosted on KSRO 1350 AM by (now KGO) talk host Pat Thurston back in 2002 between Jack Silver and Bruce Anderson and a water official from Santa Rosa. So, for a more complete picture here’s that exchange.

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KSRO Newstalk 1350 (AM) Santa Rosa, Pat Thurston Show, Thursday, March 14, 2002. Guests: Jack Silver, RiverWatch; Bruce Anderson, Anderson Valley Advertiser.

Pat Thurston: You may have read recently in the Santa Rosa Press Democrat an article by Mike Geniella about an environmental organization called RiverWatch. There was also a sidebar article. And today the PD editorializes about RiverWatch. If you are a person who reads the Anderson Valley Advertiser, this was a story that Bruce Anderson wrote several weeks ago. I don’t know that there was anything additional in the Press Democrat. But right now we have Jack Silver joining us in studio. Jack is the founder of RiverWatch. Is that right Jack?

Jack Silver: Co-founder.

Thurston: Co-founder. And you are an attorney, right?

Silver: Yes.

Thurston: And Bruce Anderson, editor and publisher of the Anderson Valley Advertiser, joins us via telephone. He wrote that piece. Hi Bruce.

Anderson: Hi.

Thurston: Nice to talk with you. And thanks for joining us. Now, Bruce, you started this with some allegations which were published long before the Press Democrat did. In your article you essentially accuse RiverWatch, and more specifically Jack Silver, of being a shakedown artist. Would you explain those accusations?

Anderson: Yes. Typically, the PD rides down out of the hills a month or so after the battle to shoot the wounded. So I have a certain amount of sympathy for Mr. Silver. He must be terribly wounded at this point.

Silver: I’m doing just fine, Bruce.

Anderson: Good.

Silver: Thanks for your concern.

Anderson: But yes, I think that Mr. Silver, like other environmental groups, has found a loophole in the law that really doesn’t have anything to do with environmental regulation, protecting us from derelict water agencies, keeping our water clean, saving trees, or the rest of it. By writing demand letters for offenses that are mostly minor, or if they’re not minor, they’re in the process of being cleaned up by cash-strapped public agencies, and very poor municipalities like Willits, for example. It’s not as if these agencies are deliberately poisoning our water, or are knowingly and negligently allowing it to be poisoned. So on the basis of a demand letter he says, Give me 40, 50 thousand bucks and I’ll go away and you won’t have to litigate this. He knows and the City of Willits knows that they don’t have a lot of money to pay legal fees for lengthy court battles. So typically, or at least in the past, a number of public agencies have paid up. And Mr. Silver has gone away and he’s gotten his $40 or $50 grand, and another $40 or $50 grand has gone to his co-non-profit, the Clean Water Institute, to allegedly do a little environmental work on their own. So I don’t know how else you could describe it. Write a letter…

Silver: Truthfully, and factually, which you’re not doing…

Anderson: Then you should sue me.

Silver: I’m not interested in suing you, Bruce. I’m interested in following the conservative agenda of dividing the liberals to get them to fight amongst themselves. I think that it’s both unnecessary and counterproductive. This is the first time we’ve spoke. That’s right? You’ve never spoken to me before, right?

Anderson: That’s right. I tried to call the Clean Water Institute…

Silver: I’m not involved with the Clean Water Institute.

Anderson: Same post office box in Occidental.

Silver: Uh…

Thurston: Well, Jack, let’s get to some of the things that Bruce is alleging here. He called you a shakedown artist. Are you a shakedown artist?

Silver: No.

Thurston: You have filed lawsuits against public agencies and asked them to settle with you and you made a pretty penny off those settlements, right?

Silver: … I don’t know how you characterize a pretty penny. We settled a suit with Santa Rosa, and I probably, after paying co-counsel, and staff and all the costs, probably made about $50 an hour. So I’m not sure what a pretty penny is. In some circumstances, that’s a pretty penny. As an attorney, working for a defense firm, I’d probably make about four times that much. But since I’m not defense minded, I don’t. So…

Thurston: When you reach a settlement with a public agency that you’ve litigated against, as part of that settlement do you absolutely positively require something that has bettered the environment? Are the people in the community better off than they were before you litigated against their public agency?

Silver: Yes. For several reasons. The first thing we always look for and the first thing we ask for is abatement of anything that they’re doing. I wouldn’t characterize the violations we found to be minor. When you find minor violations in the records of the Regional Water Quality Control Board, and then you go in and do an audit on these places, you find horrendous practices that are not even covered by any inspection that’s ever been done. That’s what we get an abatement for. The monetary settlement, the penalties and the fees, we feel are absolutely necessary as a deterrent. If all these people did was wait around until somebody caught them in what they’re doing, and this just made them fix it, which is what a lot of them do, it never has any incentive of being pro-active. Us being watch dogs out there and being able to jump on them and extract something that should be painful for them does teach them that they need to take care of this upfront. And not put the burden on the environment.

Anderson: That sounds wonderful. But I defy you… Well, perhaps in the Santa Rosa case he can name these sorts of egregious, major violations that are going unaddressed. But there’s none up here in the case of Willits that I know of. What he’s done in the case of Willits is write them a demand letter saying, Pay or I will sue you. And he tracks these so-called violations down at the Water Quality Control office. They’re the ones who do the field work and write these things up in the first place. They either don’t exist, or they’re in the process of remediation, or they’re so minor as to not warrant a violation in the first place. The state is derelict here, really. The state should be doling out the fines, not individual private attorneys.

Thurston: Isn’t that the thing that allows you, Jack, to file the lawsuit? The state, if they don’t impose some sort of financial penalty, then you, as a private citizen, can file a lawsuit and demand some sort of money?

Silver: Not exactly. In our point of view, I am the state. We are the state. The state is us. If people believe that the agencies and the government are going to take care of these problems, then they should believe what they read, too. Which I can’t encourage them to do. Bruce, have you been to the plant in Willits? Have you looked at it?

Anderson: I’ve seen the plant in Willits, yes. I’ve never been afraid to drink the water in Willits.

Silver: Do you know they discharged during winter their treated effluent into the field next door that runs off into the creek and that it’s non-monitored?

Anderson: We’re not drinking the creek water. And it is monitored.

Silver: But the creek water is water for habitat for salmonids, and …

Anderson: Santa Rosa’s been using the lower Russian River as sort of a semi-waste line for years. And Brenda Edelman has addressed that for many years.

Silver: And that goes out in the ocean.

Anderson: The violations in the Russian River are much more egregious than anything that’s happening in Willits. Willits is not doing that deliberately. Willits was in the process of remediating that particular problem.

Silver: Ok. If somebody is a child molester. If they’re just not really doing it as bad as somebody else, we should leave them alone? I mean, come on now! The other thing is that everybody…

Anderson: There’s a difference between a child molester and drinking water.

Silver: I don’t consider disposing of this material into the creek a minor thing. It may be that they don’t drink the water, but it is habitat. And it is degrading water for other creatures. I don’t look at the fact that the earth is only here for us humans.

Thurston: Is it true that the City of Willits is in process of trying to address this problem? That they’re already trying to correct it?

Anderson: Of course! They’re not lunatics.

Silver: They’re not addressing this problem. They deny that they do this. And when they do talk about it they talk about this wetlands project that they’re trying to put in in the next six years that would be put in this flood plain. We’re not dealing with that part of it, but we don’t believe that even what they’re planning to do will address the problem. What we want is monitoring. Maybe what they’re doing has no harm on there, but if they don’t know and they won’t look, and they won’t even monitor, that’s when we start getting concerned because we say they’re not monitoring because they’re afraid they’re going to find violations.

Thurston: But if you’re asking them to monitor… Why do you…? I mean I have a copy of the letter you sent to Willits, that was republished in the AVA, in which you ask for $50,000 in remediation funds in lieu of penalty, and $40,000 in attorney fees and costs. That’s a lot of money for a little town like Willits.

Silver: Let me explain that.

Anderson: That certainly leaves them a lot less money to do the remediation that Mr. Silver is allegedly requesting. And that’s the problem with it. And the remediation part of that nearly $100,000 fee goes to Mr. Silver and his paper board Clean Water Institute, and then where does the money go?

Silver: Let me explain that.

Anderson: The Clean Water Institute hasn’t done very much.

* * * COMMERCIAL BREAK * * *

Silver: The letter to Willits was a request. It’s not uncommon when you’re suing someone for them to know what you want. That letter was sent in response to that. It was not intended to be an absolute demand. Secondly, given the response that we’ve had from the public, money is off the table now. And we told Willits that. We sent them a letter that said as far as penalties, which we translate into remediation funds, and attorneys fees, we’ll let the judge decide that. That way it’s out of our hands. And let’s focus on the real concern which is the water quality issue.

Anderson: The real concerns arose when Willits said, Yeah, we’ll talk to you about all this stuff, but we want to do it in public, in open session so that everybody involved can sit in on it. At that point Mr. Silver backed off his shakedown letter.

Silver: Let me respond to that.

Anderson: That’s the chronology of events.

Silver: You’re mischaracterizing what occurred.

Anderson: No I’m not.

Silver: We paid …

Anderson: I want to respond to the insult here about serving the right-wing agenda, that I wasn’t able to respond to.

Silver: I didn’t say you were. I just said that when we bicker…

Anderson: That was the context. That’s always…

Silver: That was a way of expressing it.

Anderson: What always happens when there are these mercenary environmental groups who basically exist to serve themselves and then their critics are characterized as somehow right-wing, or serving the right-wing agenda… It happens up here all the time. We have the Trees Foundation which is almost entirely a self-interested group. When you look at the Trees Foundation, an umbrella group, you find all kinds of disparate interests, but the same individuals, all of whom are profiting. So what is happening here on the northcoast, particularly, which I’m most familiar with, is that the environmental movement has become a jobs program, and sort of a haven for opportunists of all kinds as the environment itself deteriorates before our very eyes. There’s an enormous contradiction between what people say they’re doing and what they’re actually doing. And then when they are criticized, the beautiful people, who by self definition are good and righteous, when they’re criticized the critic becomes the right-winger or serving the right-wing agenda. And so forth.

Thurston: Jack, you said that Bruce got the Willits chronology wrong. Did you refuse to meet in public in the Willits situation?

Silver: I think that meeting in public is a good idea. The problem that we have right now is that we’re just beginning our investigation. We had some meetings with them. We had some access to the public records. After we filed suit we had the right to get documents that we weren’t able to get before that. And we would like to have a meeting, but we want to wait until we have sufficient information so it would make the meeting worthwhile and we’d be able to present information that the public would find more important than the, uh, information we have currently.

* * * COMMERCIAL BREAK * * *

Thurston: Joining us now is Miles Ferris. Miles is director of utilities for the city of Santa Rosa. Miles, I understand you were involved in the lawsuit by RiverWatch against Santa Rosa.

Ferris: Three of ‘em.

Thurston: Were these unfounded lawsuits?

Silver: They weren’t all RiverWatch suits, all three of them.

Ferris: Well, Jack, I somewhat disagree. It was Jack Silver that did it. By the way Jack…

Silver: (illegible) did it too.

Ferris: And that’s your brother Paul, isn’t it?

Thurston: What did you say?

Ferris: I said I think your co-counsel that you pay is your brother Paul.

Silver: No. He’s one of them. We work with the Northern California Environmental Defense Center. There are a number of attorneys there. So you might see them on, on, on… on our letterhead sometimes in the pleadings.

Thurston: What about the suits against Santa Rosa, Miles? Do you think these were unfounded?

Ferris: Yes! One of them we went all the way to the Ninth District Court, and we prevailed. And the others were settled.

Thurston: Why were they settled?

Ferris: After the last suit I calculated how much was spent on the lawsuit. The worst part of it is that when you’re embroiled in one of these things you absolutely lose your staff time and you probably lost 18 months of momentum in the department to make things better. You’re being charged with hundreds of thousands, and millions and millions of dollars of potential liability that you can’t ignore. So it becomes your primary focus to defend. And when you’re all done and everything is said and done, you have really lost not only money, but more importantly you’ve lost your people for a tremendous period of time.

Thurston: What was the lawsuit you settled with RiverWatch about? What did it concern? Were you in the wrong?

Ferris: Were there violations? Minor violations. They were all in my opinion very minor. Yet the argument that is made that the reason the Water board hasn’t gotten around to fining you or something, therefore you need a bounty hunter to come in and charge off with the bad guys and give them a fair and impartial trial and hang them with a rope whether they like it or not.

Thurston: Do want to respond that that, Jack?

Silver: I like Mr. Ferris. I like working with him. And we do disagree on these. However, the last suit of Santa Rosa that we won on we had found… first of all, we filed suit, and then the Regional Water Quality Control Board filed suit and they went through their suit and then found them to be in a certain amount of violation, which we then removed from our suit. But the thing that got them to the bargaining table, the thing that got them to settle is that the US District Attorney’s office wrote an opinion that we were right and that they were violating the Clean Water Act by discharging irrigation water and allowing that to run off into the Laguna without monitoring and without a proper permit for that.

Thurston: So there was a settlement that was reached with RiverWatch. As a result of that settlement, were there changes in your policies or practices or procedures that you did in how this water was being discharged or being monitored? Was that part of your agreement in the settlement?

Ferris: No. First of all, what they won on they didn’t win. We settled. We settled mainly because I made the decision, along with the counsel and the board, that in essence we’re a public utility and I can tell you it wasn’t easy to get them to go along with the settlement, but we have so much going on in the department in terms of building and maintenance, the wastewater transmission project, we’re doing major changes in the treatment plant, not only that we’re doing major technological changes to the entire utilities department, and we’re spending several million dollars on it… To lose momentum in those areas to go to court and lose… it would cost us more to fight and win than it would cost to just settle.

Thurston: But was this a matter of all you had to do to get RiverWatch to back off is to pay them off?

Ferris: Well… We settled a lawsuit. I’d hate to characterize Jack and Paul as, uh, uh… you know, taking cash just to go away. Because, I… I really think Jack has …

Thurston: But that’s what it sounds like! If you were involved in some sort of violation, but there was nothing… if all they wanted was money, if they didn’t say, And you have to change this and you said, Ok, we’ll change this and give you money, then it was! Then it was for money! It was doing it for money! It was getting RiverWatch off your back by paying them off!

Ferris: Yeah. Let me say, I can’t look into Jack’s mind. I have no idea.

Thurston: But is that what happened? There was no change, only money?

Ferris: That’s what happened.

Thurston: Jack, respond to that. It does sound like extortion!

Silver: The, uh, money that, you know, that we get… You know, the Regional Water Quality Control Board has to step in and take care of this. We worked very closely with the Regional Water Quality Control Board on this case. And we uncovered things that they had done and they were up for some renewals on their permit, and some of the process that they had, the Regional Water Quality Control Board approved to us, that they would take care of those. In those circumstances we want the agency to have the opportunity to do enforcement when they are the agency that should be doing enforcement.

Thurston: But your lawsuit didn’t do anything for Santa Rosa. It didn’t do anything for the quality of the water. Your lawsuit brought you money.

Silver: … I don’t agree with that.

Thurston: Then what did it do for people? What did it do for the quality of the water?

Silver: There was another $20,000 that went out in projects and that was already published in the Sebastopol paper, and if anybody wants to get a copy of that, that was done with a joint committee between the city of Santa Rosa and the RWPC organization and some representatives there…

Thurston: Brenda Edelman.

Silver: Yes. And there were several changes that were made by the Regional Water Quality Control Board that were part of their ACL, the administrative civil liability action, and also part of their interpretation and, uh, monitoring changes that they made to update Santa Rosa’s permit. So it was unnecessary for us to put those also into a settlement agreement when the Regional Water Quality Control Board was already taking care of them. But they didn’t take care of them until we uncovered it.

Thurston: You’re saying it wasn’t stipulated in the suit, but you’re saying as a result of your filing the suit they did that, so then when you settled the suit all you needed at that point was money.

Silver: Well, I wouldn’t characterize it that way. But at the end of the day, that’s what has elapsed.

* * * COMMERCIAL BREAK * * *

Anderson: I’d like to make a few quick points here. Mr. Silver is being disingenuous in many ways. The fundamental problem is that public agencies as we all know carry massive insurance policies, and they’re imminently suable. They pay off all the time to make attorneys and problems go away. School districts do it. Even big private media groups do it. They have these huge deductibles. And Mendocino County does it. They paid the late Judi Bari once $5,000 not to pursue an alleged false arrest suit. So lots of public agencies do that. The other part of this particular problem is that the non-profit laws and the charity laws in the state of California are loose to the point of non-existence. There’s no enforcement! So these phony groups, these basically mercenary environmental groups, these mercenary do-good groups of all kinds, set up phony non-profits with paper boards and proceed to enrich themselves and their friends. Is $50 an hour a pretty penny? Yes. When you consider the fact that working people would be clicking their heels if they made half that an hour. Until the fairly recent past, Helen Libeu, who’s well known in Sonoma County, Ron Guenther, up here in Mendocino County, Brenda Edelman and the Russian River Group, these people went out on their own time and money to save trees and monitor the river and do all that. It wasn’t a profit making venture for them. I think they did it quite successfully. Considering that they were underfunded or that they were operating out of literally out of their own pocket. But now we have more environmental groups, more tax-exempt charities and less charity and fewer trees and a deteriorated environment generally.

* * * COMMERCIAL BREAK * * *

Thurston: Brenda Edelman is being quoted in the newspaper as saying that when she realized what you, Jack, were really about… it says here, “she quit RiverWatch three weeks ago over concern with its tactics.” Can you respond to that, Jack?

Silver: Not really. I know Brenda. She’s a friend. We’ve had her over for dinner a number of times. Her concerns are, I think, uh, not necessarily related, as much as her quotes are.

Thurston: Her quotes?

Silver: Yeah. You’re quoting her. Or paraphrasing her. I haven’t talked to her personally, so it’s difficult for me to determine exactly…

Thurston: You haven’t talked to her? She didn’t talk with you about all this?

Silver: No.

Thurston: Bruce Anderson wrote a scathing article about RiverWatch. Now I understand, Jack, that you’re going to be responding to the Press Democrat piece and their editorial. You’re writing an op-ed piece and they’ve agreed to give you a whole 750 words. Right?

Silver: Right. And we’re hoping they’ll print it on Sunday, which is a better day for people to read it.

Thurston: Bruce do you have a final statement before we let Jack have the final word?

Anderson: Mr. Silver wound up in a lawsuit with the city of Fortuna over alleged environmental violations that were petty and in the process of being remediated. He has just written a demand-shakedown letter to the city of Ferndale. I don’t know how that one’s going to shake out because there was an ACCIDENTAL, by all accounts, sewage spill last winter. Hopefully, they’ll resist. But it was during the Fortuna dispute that the Justice Department itself said that Silver’s fees that he was asking of Fortuna were excessive. But that suit apparently settled as well before the Department moved farther. People should be very careful about what kind of boards they sit on, what kinds of so-called environmental groups they donate money to. Like the Redwood Summer Justice Project. People probably think that has something to do with redwood trees, when actually it’s to fund a lawsuit that benefits three private individuals.

Thurston: They tricked me, huh Bruce?

Anderson: Yeah.

Thurston: I sent them $50 bucks one time.

Anderson: You’re a sap!

Thurston: I know.

Anderson: You got taken. You were had.

Thurston: I’ve learned my lesson.

Anderson: There are all kinds of groups. I wouldn’t give the Sierra Club a nickel myself. But if you get Rachel’s Environmental Newsletter, if you read that or Alexander Cockburn’s fine work, you’ll find out that there are legitimate environmental groups and you should support them. But there are so many illegitimate ones out there like RiverWatch and the Clean Water Institute, that you’ve gotta be heads up and I’m glad that people are finally waking up to this particular one.

Thurston: And Jack Silver…

Silver: We’ve been appreciating the attention too, because we’ve never had more support for what we are doing than ever. Primarily because they look at the sources of a lot of the materials and recognize, uh, you know, where there’s smoke there must be fire. I also just appreciate the fact that we don’t really discuss environmental issues and we’re living in a time of increased degradation of our, of our environment and of our health. And bringing these things into the forefront, talking about them, getting people activated about them, that’s what we’re about and that’s what we enjoy doing. We have a website — NorthernCaliforniaRiverWatch.org, if you can’t find it under that you can search under River Watch and come up with that. On there we tend to post what we’re doing, what we’re about, we try and keep people up to date on the litigation that we have, the findings that we have, and we’re also starting another part of the web page in which we give a detailed breakdown of everything that we’re doing in the way of injunctive relief and if any moneys come out of that where the moneys went to and how they’re spent.

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THE ANNUAL summer argument between salmon and Central Valley farmers has commenced with the Bureau of Reclamation’s decision last week to release Trinity River water into the lower Klamath River between August 15th and September 21st. The farmers of course want that water, but biologists predict another wholesale salmon die-off if the lower Klamath, already running low, slow and too hot for fish, doesn’t get it.

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The Little River Airport Logging Fiasco

Passing The Buck, In Slow Motion

by Mark Scaramella

Mendocino County owns about 57 acres of “productive timberland” near Little River Airport on the Coast. The property was profitably logged way back in 1996 during the period that some people remember as the “cut and run” days before Louisiana-Pacific and Georgia-Pacific finished decimating their huge Mendocino timber holdings and sold out what was left to the Fisher family (owners of The Gap clothing empire) and the Washington State employee pension fund, respectively. Back then the timber market was still holding up and the County made several hundred thousand dollars while also removing some dead and diseased trees.

That mid-90s harvest was conducted under a conventional “Timber Harvest Plan.” But since then, in an attempt to save small property owners some paperwork and time, California came up with an idea called a Non-Industrial Timber Management Plan (NTMP) which is supposed to allow smaller timberland owners “to prepare a long term management plan that reduces regulatory time and expense by providing an alternative to filing individual timber harvesting plans. In exchange, landowners agree to manage their forests through uneven-aged management and long-term sustained yield.”

The mid-90s THP was prepared by a local non-corporate timber forester who has been involved with County timber activities and discussions for decades now, Steve Smith. Smith, taking the theory of the NTMP to heart, then prepared one for Little River Airport in the hope that the County could make some ongoing revenue by sustainably harvesting a few Airport trees every ten years. But by the time 2006-2007 rolled around the timber market had begun to decline with more and more lumber being imported from Canada, and then ultimately collapsed with the Great Recession of 2008-2009. Making matters worse, in the intervening years some of the fir trees at the Airport have aged to the point that they are no longer expected to generate decent grade lumber. Nevertheless, County officials continued to limp along trying to get the NTMP’s “Notice Of Timber Operations” approved by the various agencies involved — which in the case of the Airport includes Caltrans because the Airport operates under Caltrans rules (and growing trees can become a factor in maintaining safe airspace for take-off and landing).

Until last year, the Little River Airport Logging planning was loosely assigned to the County’s now defunct “Forest Advisory Committee” which made occasional reports about the status of the timber harvesting at the Airport and loosely directed the County’s two main forestry experts, UC Extension Advisor Greg Giusti and the still-involved forester Steve Smith on plans and directions.

Then last year, in attempt to get serious about snagging some new revenues for the County’s depleted coffers, the County turned the project over to County CEO Carmel Angelo who turned it over to the County’s General Services Director Kristin McMenomey who was expected to push through the various contracts and timber harvest paperwork and then hire a logging operator.

But the process has become bogged down in layers of bureaucracy and agency approvals that no one at the County level was prepared for, especially Ms. McMenomey who bluntly admitted at the July 30 Board of Supervisors meeting, “I am not a forester.”

Late last month Ms. McMenomey reported, “The Board of Supervisors directed the Little River Timber Harvest be referred to the CEO’s office for a potential harvest in 2013. The direction from the Board was to have the CEO bring back the item to the full Board to hear Mr. Greg Guisti give his expertise on the subject. Due to Mr. Guisti’s availability (he was out of the Country for three months) to make such a presentation as well as the availability of the Board’s calendar at the end of the year, the decision was made to move forward with a Request for Qualifications (RFQ) to get the process started [again] and the CEO would utilize her CEO Report to keep the Board of Supervisors updated.

”The General Services Agency (GSA) received this project on November 7, 2012 and immediately met with Greg Guisti and Steve Dunnicliff (previous project coordinator) to obtain an update on the status of the Harvest. GSA began work with Greg Guisti to create a Request for Qualifications for a Forester so as to hopefully begin a harvest in 2013. GSA issued the RFQ on April 5, 2013 and a contract was executed on June 24, 2013 [with a local coastal conservation oriented forester named Roger Sternberg].

“Subsequent to the contract being executed, the forester immediately began contacting the [California] Department of Fish and Wildlife (DFW), US Fish and Wildlife Service (USFWS) and CalFire to determine whether or not these agencies would accept the following previous studies completed on the site:

“• Marbled Murrelet (MAMU) surveys completed in 2008 and 2009

“• Northern Spotted Owl surveys completed by MRC in 2010- 013

“On July 10th, the forester and a consulting wildlife biologist met with DFW to make the case that no additional Marbled Murrelet surveys were necessary. DFW was willing to not require additional surveys, however they wanted the County to designate five to six acres as a no-cut area and establish a 300-foot buffer, constituting a total of eight acres, in which harvesting would need to be approved by DFW. (This position was based on a site visit conducted by DFW staff in 2007.) A total of 14 acres of the property would likely be impacted, representing 25% of the NTMP area and 30% of the Redwood-Douglas-Fir stand. This could potentially result in a major impact on the amount of timber that could be harvested and the income that could be generated for the County. The decision was made to conduct two years of surveys (this year and next year) which should enable the County to harvest greater levels of timber in 2014 or potentially sell the rights to this timber to an organization like Save-The-Redwoods League — something that Linda Perkins from the Sierra Club has proposed.

“One survey has been completed to date and the other three will be completed by the end of this month. The USFWS and CalFire also require nonindustrial landowners to conduct six Northern Spotted Owl surveys for two years in a row. However, the Mendocino Redwood Company (MRC) conducted three surveys this year on its property adjacent to the airport. The Forester was able to get the USFWS to agree to another three surveys this year, plus three surveys next year, assuming that MRC conducts three surveys next year as well. One survey was completed on July 15th, and two others are scheduled to occur by the end of the month.

“The Forester [Mr. Sternberg] also met on July 15th with CalFire staff to review the Nonindustrial Timber Management Plan and discuss required amendments to the NTMP. As a result of this meeting, the Forester has a clear idea of how to expeditiously amend the NTMP. On the same day, he also met with Tom Peters of the [California] Department of Transportation (DOT) to discuss FAA requirements for clearing, the potential conflict of selling timber rights relative to FAA requirements, and the availability of bridge and culvert material that might be used on the truck road in the NTMP harvest area. Taking all of the above into consideration, the County is aggressively pursuing its option to harvest as soon as possible given the constraints of the various State and Federal agencies.”

“Aggressively…” We’d hate to see what passively would look like.

“Depending on upon the results of the surveys, it is anticipated that the County would have the ability to harvest timber in August of 2014. This would require GSA to embark upon the process of obtaining bids from loggers with a potential bid launch sometime in February/March of 2014. It should also be noted that deferring of the timber harvest until 2014 makes sense for two important reasons: 1) The mill price for Redwood will likely be better next year, as the current market is close to saturation; and 2) The County will be able to solicit bids from the best loggers in the area, many of whom are now committed to other jobs.”

It’s far from clear that the mill price for redwood “will likely be better next year.”

With this background, the Board discussed the Little River Logging project again at their meeting on July 30.

Pinches: “I was under the impression that CalFire was the lead agency when it comes to timber harvest plans, especially a Non-Industrial Timber Management Plan which we have on that site. But in reading this memo from Kristin [quoted above] it basically says that our forester who was hired started the meeting by contacting US Fish and Wildlife and CalFire. But it says that the US Fish and Wildlife service was not willing — they required more additional surveys on the marbled murrelet but they wanted us to designate five or six acres of no-cut area and establish a 300 foot buffer consisting of eight acres. Basically they are just cutting the heart out of our NTMP.

Supervisor Carre Brown: “It’s called extortion.”

Pinches: “So yes, we have an approved NTMP; we have to go by the new protocols on the biological surveys. But it’s like, yes, we will let you harvest a few trees but leave the heart out. Maybe using the word ‘fight’ is the wrong word, but we need to stand up for ourselves on this. If that should be left out of the harvest area than it should have been left out of the NTMP! I don’t see where things have changed to the point since we adopted this NTMP which we spent a lot of money on. It’s like, [Supervisor] Carre [Brown] just said it, it’s kind of like they’re extorting us. We need a forester who will stand up to this!”

McMenomey: “What we had was you had the forester come back to me after meeting with CalFire. I listed out the agencies, I didn’t list them out in the order of whom he met with first, but he met with basically everybody in the first week.”

Pinches: “CalFire is the lead agency, right?”

McMenomey: “Yes. And they are requiring the marbled murelet surveys to be re-conducted because our last surveys have expired. So, when approaching Fish and Game-Wildlife to try and negotiate, if you will, doing so many right now and so many per season because we are already too far behind to conduct everything now, they said, We will agree to, you know, fewer surveys if you agree to basically set aside, what is it?, about 14 acres or something like that? I just told the forester that that is not in accordance with the NTMP and that the answer was No, we were not going to do that. So instead we are going to conduct the surveys and we are just going to — we were already able to squeeze a couple in and we are just going to move forward and conduct the surveys in hopes that we will have all the results and we can go ahead and harvest in 2014. We should know — we also — there is an update to this, another hooting, a hooting [owl surveys], if you will, was conducted, so there have been two of the three, and both have shown no results which is good [no owls is good?], so we have one more to go on the hooting before we are finished with that.”

Pinches: “What is your projected total cost to do this, to hire this new forester to bring our NTMP up to speed to where we can harvest timber?”

McMenomey: “At this point, what we did is we entered into a contract not to exceed $20,000. So we are doing everything we can with the assistance of Greg Giusti and some other experts who are willing to donate their time.”

Pinches: “You expect the contract with the forester not to exceed $20,000. But does that include the biological surveys?”

McMenomey: “That’s everything.”

Pinches: “That’s everything?”

McMenomey: “That’s everything. That’s all the hooting, that’s everything. He hires the sub-consultants under his limit with the county.”

McCowen: “Is it correct that there was a competing proposal to perform the same work for a not to exceed $10,000?”

McMenomey: “There was a proposal of not to exceed $10,000 to complete the work. However, the plan of action to do so, you could not do that in accordance with our NTMP because we have surveys that have to be conducted and it was CalFire’s call. And you can’t possibly know CalFire’s call until you meet with them. And they made the call. You have to redo your studies.”

McCowen: “Was everyone bidding on the same project?”

With this, Ms. McMenomey hedged.

McMenomey: “Everybody was bidding on the same project. It wasn’t a bid. It was a request for qualifications. And so we had a committee where they were all ranked and we had Steve Smith as our registered forest professional on the committee and myself and David Grimmm and Greg Giusti did not rank any proposals. He was there as a resident forest expert if we had any questions. We ranked them separately. We got together in a conference room. And we had our top three. They were very clear who our top three qualifications were, based on the criteria that we were given. And so we looked at the top three and we did the scoring and summarized it and the top one came out and it was Mr. Sternberg.”

McCowen: “I guess I just have a comment. I’m kind of concerned that we’ve had this on the radar for a long time and we have known the issues and the surveys and so forth and the Board gave direction last November to move forward and it wasn’t until five months later that the RFQ was issued and so here we are, we have missed this logging season.”

McMenomey: “We had we would have missed it anyway. We needed to start back in May of 2012 in order to harvest in 2013. So we missed the mark on that one. So…”

McCowen: “I’ve heard that before.”

Supervisor Dan Hamburg: “What is— so I understand, we’ve got Dave Giusti engaged in this, Giusti, engaged in this?”

McMenomey: “Greg Giusti, yeah.”

Hamburg: “Excuse me, Greg Giusti.”

McMenomey: “He is engaged to assist me if I have some questions or need some guidance, as I am not a registered forester. He is. He is sort of the resident County expert when it comes to, when it comes to a point where, like, for example, in Fish and Game-Wildlife warning us to basically not harvest a major portion of that property which is not in accordance with the NTMP. I said, you know, I sent an email to him, I said, honestly, my feeling is, No. Is there is some issue here? And he was like, well, no; it should be in there; it’s not in accordance with the NTMP. So he is sort of my double check if you will.”

Hamburg: “Okay. What about Steve Smith?”

McMenomey: “Steve Smith — I have utilized him in the past on the first time I did this which was many, many years ago and he is also a valuable resource and is very familiar and he has offered his services to our forester, you know, at, for free, basically, if he —”

And at this point the video of the Board meeting mysteriously hiccupped and the rest of the discussion was cut off. (The County’s videographing service is looking into the problem.)

But we have gathered since then that the Board expressed some cautious concern about Ms. McMenomey’s selection process and whether she had really selected the right forester or simply chosen someone who was more familiar to the Smith-Giusti government forester axis to see if this now unbelievably convoluted process can ever be completed.

As the conversation in the Board room proceeded the Board became increasingly frustrated with the “coordination” costs being run up by Mr. Sternberg without much on-the-ground progress. Pinches wondered if Mr. Sternberg, who specializes in conservation easements, not actual logging, has a good handle on the timber market itself.

Back in 2011 the Board imposed an important condition on the project before they approved any contract with a timber operator: They required that a specific buyer (a mill, in other words) be lined up and committed with a firm purchase price for whatever logs were to be cut before any actual logging was done.

These days with so few mills left on the northcoast and many of them either far away (increasing trucking costs) or specializing in only certain kinds of logs and tree species, that sensible requirement will be hard to meet — and it hasn’t even come up in this latest round of buck passing and bureaucratic bickering.

With all the restrictions and delays and the clock running on the billable paperwork hours, the County will be lucky to make any profit on the job at all.

At the rate they’re going and with the layers of uncertainty involved, Mr. Sternberg could easily come back in a month or two with another costly new wrinkle that will not only require the County to pay him more than his $20k “not to exceed,” but might kill the job entirely if the economics don’t pencil out. Thus losing all the money invested in the paperwork so far.

At that point the County will be forced to deal with the question of selling what’s left of the Airport’s timber rights to a local conservation organization or selling the 57 acres at a loss to someone with enough competence to actually do the job. Someone with competent forestry professionals and much deeper pockets — like the Airport’s neighbor: Mendocino Redwood Company. ¥¥

Mendocino County Today: August 12, 2013

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THE UKIAH VALLEY Medical Center is a for-profit medical complex owned and operated by the tax-exempt 7th Adventist Church. The Center announced last week that it has eliminated six jobs because, it says, it expects to make less money when Obama Care kicks in.

OF COURSE the Adventists didn’t put the layoffs that harshly; their smoothie-woothie spokesman, Nick Bejarano, said the layoffs were “directly and indirectly” related to the Affordable Care Act, and are necessary because hospitals will receive lower reimbursements as part of state and federal payment reforms.

ACA, aka ObamaCare, section 1886(q) of the amended Social Security Act establishing the Hospital Readmissions Reduction Program, requires that payments to hospitals with excess readmissions be reduced.

THE ADVENTISTS having an inland Mendo monopoly, they have to treat everyone, and certain of those everyones are frequent fliers. The Adventists prefer the fully insured, not the 5150s, tweekers, drunks, and the even more plentiful plain old poor people who can’t pay $5,000 to get their broken arm put in a cast. (Five thou, I hope, is an exaggeration, but you get the point. We all get the point. My colleague, The Major, just got a bill for $619 for “lab work” dispatched to a San Diego lab by a Ukiah dentist. The actual investigation, called a biopsy, probably took a lab assistant about thirty seconds.)

UNDER OUR PRESENT health care “system,” which can be called Pay or Die, hospitals naturally prefer fully insured patients, old geezers who suddenly appear in an emergency room are worth ten times their weight in real gold.

M-PayOrDieOBAMA CARE, as we know or should know, is an insurance scheme written by, guess who?, the insurance companies. If you don’t buy one at upwards of $300 a month, the IRS will fine you.

IT’S NOT GOING TO WORK. Working Americans, already maxxed out, don’t have upwards of $300 to buy mandatory insurance. And we wonder how ObamaCare can possibly apply to lots of people who do have the money — the off-the-books workers of Mendocino County, a very large segment of our population. There are hundreds of people in this area who haven’t filed income tax returns in years, if ever. Nationally? Millions.

HENCE, the mass, last minute propaganda effort by the federal government to get people signed up, which is occurring in a context of most people not knowing anything of the particulars of what’s expected of them, or the October 15th kick-off date.

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THAT’S A STUNNING field of sunflowers at Saracina Vineyards just north of Hopland, and a welcome sight, occurring as it suddenly does in the industrial-agro sameness of vineyards. I’m told the sunflowers are eventually plowed under to reinvigorate exhausted soil, an encouraging twofer of beauty and utility, you could call it.

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WE’RE TRYING to find out who compiled the following stats contained in this press release, but we suspect the Mendocino County Health Department. Yup, suspicions confirmed, the Mendo Health Department with an assist from the Coast Hospitality Center and the Ukiah Community Center,  something called “Love In Action,” plus the County’s many non-profits clustered on the poor like fruit flies on piles of rotting bananas — miscellaneous self-interested parties. The stats were compiled during a one-day count on January 24th. Take it all with all the skepticism you can muster, but be it known that the bogus count is worth $1.9 million to all of the above in federal grant money. If the poor weren’t this country’s last growth industry, you think “Love In Action” would be all huggsies-wuggsies?

THIS IS THE ACCOMPANYING BULLSHIT: “The Mendocino County Board of Supervisors will hear on Monday county staff’s annual report on homelessness in the county. The annual report is done in compliance with the Homelessness Emergency Assistance and Rapid Transition to Housing Act of 2009, to comply with the US Department of Housing and Urban Development, to track trends and access funding. The report, based on a homeless census and survey conducted Jan. 24, defines a homeless person as ‘an individual who lacks a fixed, regular and adequate nighttime residence,’ which include people housed at shelters, at institutions for 90 days or fewer, and those whose ‘primary nighttime residence is a public or private place not meant for human habitation.’ People living in shelters are counted the evening before volunteers gather in the early morning hours to count those living in cars, under bridges and in other places. For the unsheltered count, workers prepare weeks in advance, mapping zones and seeking out homeless encampments. Teams of three meet at 5am on the day of the unsheltered count, and count only people and vehicles with people in them. Volunteers are paid mileage at the county employee rate, and homeless workers are paid $10 per hour. The count, conducted every two years, shows that the numbers of homeless have decreased since 2011, when the count was last done. There were 104 people staying in emergency shelters in 2013, up four from the 2011 count; 71 people in transitional shelters in 2013, up from the 2011 count of 42 people. Overall, the 2013 count showed there were 175 people sheltered, up from 142 in 2011; and 1,169 people unsheltered, down from the 2011 count of 1,314. The 2013 grand total of homeless people in  Mendocino County is 1,344, down from 1,456 in 2011. The report includes the results of one-on-one interviews conducted by homeless workers, who also received $5 per survey. This year, workers interviewed 418 homeless people, according to the report. People who took the survey each received a $5 ‘incentive card.’ The survey showed there are 293 ‘chronically homeless’ individuals in the county, along with 27 families — with 24 of those being unsheltered — and 56 people in chronically homeless families. Of those, 39 individuals and three families are in emergency shelters. Homeless people with chronic substance abuse problems numbered 261 in the surveys, which also showed 230 homeless individuals are severely mentally ill. Of those, 180 substance abusers and 157 mentally ill homeless people are unsheltered. Homeless veterans numbered 63, with 48 of those unsheltered. Homeless victims of domestic violence numbered 59, with 40 of those in emergency shelters and 19 unsheltered. The 2013 ‘Point in Time’ count budget included $2,976 for the coast; $2,472 for the southern, inland portion of the county, and $1,100 for the northern, inland area. The benefit of the Point in Time count is that it meets HUD requirements for $1.9 million in grant funding. The grant is divided into amounts of $133,242 for supporting housing transition; $204,229 for a supportive housing program; $1.4 million for tenant rental assistance and $49,870 for sponsor rental assistance,” whatever that is.

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A2BWORLD TRAVELER and part-time Boonville resident Geoff Thomas has recently published his first travel book — “Poor Circulation I: Ashes To Boonville.” A fully literate writer in a time of no guarantees, Thomas vivifies his adventures as he makes his way to and through the most improbable places on a Triumph motorcycle. The book begins in Thomas’ native England as the dutiful son vows to bring his late mother’s ashes to far-off Boonville. According to one reviewer the book “is far more than just another travel diary or tale of great adventure, it is an extraordinary exploration of one man’s inner journey and a quest to fulfill his mother’s final wishes. The images Thomas evokes, as well as the atmosphere and emotion he describes really brings to life this tale of discovery and realization. If only there were more writers like Thomas out there, bringing the human story to their tales of great adventure.” Actually, the book is better than that; the writer spares us the kind of prolonged introspection which, unless you’re Proust, is better unsaid, and certainly better unwritten. And when Thomas does indulge in what a lesser pen would be mere woo-woo and who cares, he does it funny. These days, the engaging Mr. Thomas can be found as the “ringer” on the Bar Team at the Thursday night quiz at Lauren’s Restaurant, Boonville.

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SOLFEST XV is scheduled for Saturday (August 17th) at Real Goods’ Solar Living Center in Hopland, noon to midnight. As always, the event will be short on soul unless, of course, your idea of a rully, rully hardhitting event is a panel discussion featuring Supervisor Hamburg and Congressman Huffman, that snooze-aroo and a lot of the expensive eco-gadgetry that Real Goods pedals to upscale consumers with environmental pretensions.

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HOOPA VALLEY TRIBE INTERVENES

Westlands files lawsuit against Trinity water release

by Dan Bacher

The Westlands Water District and San Luis Delta Mendota Water Authority filed a lawsuit in federal court in Fresno on Wednesday, August 7 in an attempt to stop increased flows on the Trinity River set to begin on August 13.

The lawsuit alleges that the Bureau of Reclamation’s planned releases from Trinity Reservoir to protect salmon in the lower Klamath River would be unlawful and would further cut water available for the growers, causing them “significant and irreparable harm.”

“Plaintiffs will be irreparably harmed by the lost water supply from the proposed releases, up to approximately 109,000 acre-feet,” the lawsuit stated. “Instead of releasing that water to the Trinity River, Defendants could export it to the Sacramento watershed to support deliveries to members of the Authority, including Westlands. By doing so, Reclamation could restore the 5% allocation to south-of-Delta contractors that was cut on March 22, 2013.”

“In addition, increasing exports from the TRD to the Sacramento River watershed would increase hydropower generation in 2013,” the document claimed.

The lawsuit documents are available at: http://mavensnotebook.com/wp-content/uploads/2013/08/Trinity-Complaint-as-filed.pdf

The Hoopa Valley Tribe responded by intervening in the lawsuit in support of increased releases down the Trinity. You can read the Tribe’s intervention here: http://www.c-win.org/webfm_send/339

“Our fisheries scientists are very concerned about developing fish disease conditions in the Lower Klamath River, conditions that will affect the salmon runs returning to the Trinity River,” said Danielle Vigil-Masten, Chair of the Hoopa Valley Tribe. “Accordingly, the Hoopa Valley Tribe has strongly supported the decision of the Bureau of Reclamation to release additional Trinity River water to ameliorate conditions in the Lower Klamath River. A die -off of Trinity River salmon, if it were to occur again this year, would be very harmful to the many Hoopa tribal members who rely upon these fish.”

The Yurok Tribe and Pacific Coast Federation of Fishermen’s Associations (PCFFA) will also intervene in the lawsuit in support of the Trinity River releases, according to Zeke Grader, PCFFA Executive Director.

The release will supplement flows in the Lower Klamath River to help protect an expected large returning run of adult Chinook salmon from a disease outbreak and mortality, according to Pete Lucero, Bureau of Reclamation spokesman.

The third largest run of fall Chinook salmon on record is expected to ascend the river and its tributaries this year – and representatives of Indian Tribes, fishing groups and environmental organizations are trying to prevent a fish kill like the one of September 2002 from taking place this season.

“It’s deja vu all over again,” responded Tom Stokely, Water Policy Analyst for the California Water Impact Network (C-WIN). “Back in 2002, these same water agencies blocked downstream releases of Trinity River water, which could have prevented the deaths of tens of thousands of adult salmon. Now they want to do it again. If they are successful, a major fish kill is likely.”

“The bottom line is that the Bureau of Reclamation has promised to deliver much more water than is available in the system. These conflicts will only worsen until water contracts and water rights conform with hydrologic reality,” he concluded.

In a press release on Wednesday, the Hoopa Valley Tribe warned that the Bureau of Reclamation (BOR) plan to supplement Klamath River flows to avoid a fish kill may not be sufficient. “We need more water and we need it sooner,” said Hoopa Fisheries Director Michael Orcutt.

“The Klamath River is expecting a large fall run of salmon, yet the river is extremely low and warm. These conditions are similar to those in 2002 when an epidemic killed over 60,000 adult salmon in the Klamath River,” according to Orcutt.

The target date for augmented flows in the Lower Klamath River is August 15. “Because of the two day travel time between Lewiston Dam and the Lower Klamath, the releases from Lewiston Dam will begin in the early morning hours of August 13 and end in the last week of September,” Lucero explained.

Lucero said flows in the Lower Klamath River will be targeted at 2,800 cubic feet per second during this period and Lewiston Dam releases will be adjusted accordingly. Reclamation plans to release 62,000 acre feet of Trinity water, plus an additional 39,000 acre feet of emergency water if fish demonstrate signs of disease, to the Klamath during this period.

An Environmental Assessment and Finding of No Significant Impact were prepared in accordance with the National Environmental Policy Act, and are available online at http://www.usbr.gov/mp/nepa/nepa_projdetails.cfm?Project_ID=14366.

The Trinity River, the Klamath River’s largest tributary, provides the only out of basin water for the federal Central Valley Project. The Brown administration is currently fast-tracking the Bay Delta Conservation Plan to build the peripheral tunnels under the California Delta to export massive quantities of Sacramento and Trinity River water to corporate agribusiness and oil companies.

The construction of the tunnels would lead not only hasten the extinction of Central Valley salmon and steelhead, Delta smelt, longfin smelt, green sturgeon and other species, but would devastate the salmon and steelhead populations of the Trinity and Klamath rivers.

The Environmental Protection Information Center is urging people to take action by calling on the Department of the Interior to release more Trinity water and prevent another disastrous fish kill: http://www.wildcalifornia.org/blog/klamath/

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LIGHTNING FIRES BURNING ON MENDOCINO NATIONAL FOREST

Willows, Calif. – The Mendocino National Forest is currently locating and taking action to suppress fires started by lightning during a series of storms from Thursday evening through Saturday.  The Forest received more than 200 lightning strikes over the three days.  The Forest has identified four fires on the Upper Lake and Covelo Ranger Districts on the west side of the Forest and two fires on the Grindstone Ranger District, located on the east side of the Forest.  All four fires on the Upper Lake and Covelo Ranger Districts are all small and have been contained at less than an acre.  The Mickey Fire, which was identified Thursday evening in the Yolla Bolly-Middle Eel Wilderness is out.  On the Grindstone Ranger District, the Wallow Fire was discovered Friday and contained at one-tenth of an acre Saturday.  The Crocket Fire is currently burning on the north end of the Snow Mountain Wilderness and is approximately 10 acres.  It is burning in heavy slash, brush and some timber in the same area as the 2001 Trough Fire.  It is expected to be contained today, but smoke will still be visible for the next several days.  Fire managers are asking the public to avoid the Crocket Fire Area due to increased fire traffic – both on the ground and in the air – as they work to achieve control of the fire.  As conditions continue to dry out and warm up, Forest firefighters anticipate discovering more lightning fires in the coming days.  As a reminder, the Forest is currently under fire restrictions.  To report a fire, please call 911.  For more information, please contact the Mendocino National Forest at 530-934-3316, or visit www.fs.usda.gov/mendocino<http://www.fs.usda.gov/mendocino>.  Updates are also available on Twitter @MendocinoNF. (CalFire Press Release.)

Mendocino County Today: August 13, 2013

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NORM FLUHER of Mendocino’s venerable Blair House used to sit on the board of the Mendocino County Lodging Association until he was purged from that august body for asking the un-askable. Mr. Fluher wanted to know where all the money goes and, very soon, it was bye, bye baby for him. His colleagues on the board voted him off the board by a one-vote margin.

VMC1THE LODGING ASSOCIATION collects $325k from its members, which is then “matched” by the County, and the entire $650k is then given over to Scott Schneider’s “Visit Mendocino County.” Schneider pulls down a nice $90,454 for 35 hours of work a week. What exactly Schneider does during those 35 hours is one of those many ongoing Mendo mysteries, comparable to asking what Paul Tichinin does all day long as the County’s superintendent of schools.

HERE’S how Fluher was got. “Board Member Conduct & Disciplinary Action. Pauline [Zamboni] presented the item. A number of Board members support an effort to impose disciplinary action on Norm Fluher, including possible removal from the Board. Letters in support of Norm have been received and some public are in attendance to express such support. Pauline notes that the proposed disciplinary action is based on his noncompliance with MCLA’s current bylaws, one violation in Article 2, ‘Purpose and Mission’ statement, i.e., his actions to disestablish the existing BID; and three violations in Article 4-Item 6, ‘Duties and Responsibilities of Board Members,’ i.e., his actions on more than one occasion being counter to Board policy as set by vote of a majority of members; and his action of giving the appearance of speaking officially for the organization without prior authorization. In addition, his continued actions which could be viewed as being counter to the fiduciary duties and responsibilities expected of a Board member to the organization was also brought into question. Pauline motions that the Board take disciplinary action against Norm by requesting him, in good faith…” And so on, the bloodletting accomplished by “Pauline” on a nicey-nice first-name basis.

BUT WAIT. “Norm does not agree to accept the disciplinary action and the motion is rescinded. Pauline motions Norm be removed from the Board. Jan seconds. Wendy [Roberts] also seconds. Motion Fails with 11 Yes and 4 No (13 Needed to pass).” But Pauline, Jan and Wendy went right to work and soon Norm was outtathere by one vote.

VMC2STILL CONFUSED? The inns, bed and breakfasts, motels and so on tax themselves to the tune of $325,000. Then the taxpayers, unbeknownst to most of them, casually drop another $325k to promote Mendo’s delights in the great outside world, which is where Schneider comes in to do whatever he does — Frisco wine parties and a couple of big signs near the County line — and somehow the tourists come running. Fluher doesn’t think the money is well spent. Neither do we.

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THE CITY OF UKIAH’S landfill east of town closed in September of 2001, but rather than seal the dump off as per environmental regulations, the City dithered and dallied for so long — twelve years — that now the County of Mendocino has subjected Ukiah to an “enforcement action.” Which really means a lot of back and forth woof-woofing between Ukiah lawyers and the County’s hard-hitting County Counsel’s office. This is the kind of techno-hassle that should be worked out without involving lawyers, but…

UkiahLandfill=============================

EXCERPTS FROM COUNTY CEO CARMEL ANGELO’S REPORT to the Board of Supervisors for Tuesday, August 13:

2013-14 BUDGET REPORT: The Recommended Budget has been published and is available on the County website at http://www.co.mendocino.ca.us/administration/13-14RecommendedBudget.htm Department reviews will be completed by August 16, 2013 and adjustments or corrections will be reflected in the Final Budget. The Auditor continues to work on the year-end closeout process for FY 2012-2013. Executive Office staff are monitoring the process and gathering information that may affect the 2013-2014 Final Budget.

HEALTH CARE REFORM UPDATE: October 1, 2013 marks the first day of the open enrollment period for Covered California. The Health and Human Services Agency is busy training staff to prepare them for the new enrollment process. Additionally, HHSA is reviewing its public outreach strategies, computer entry protocols, and any other necessary retraining to appropriately reflect the changes being implemented through the Affordable Care Act. HHSA is also hard at work transitioning its current Path to Health enrollees into Medi-Cal, and finalizing contracts for a new, state-mandated call center for Covered California. The biggest priority at the moment is increasing staff levels within HHSA to be prepared for a potential influx of new applications to Covered California by Mendocino County residents. The application period for up to 12 new Eligibility Workers closed at Human Resources on Friday August 8, 2013. Finally, there is a strong educational outreach effort occurring internally to make sure HHSA employees are familiar with the details and requirements of the Affordable Care Act.

TO: DOUGLAS F. CRANE, MAYOR. UKIAH City Council, 300 Seminary Avenue, Ukiah, CA 95482

Dear Mayor Crane and City Councilmembers:

I regret that I am not able to attend today’s meeting due to a prior commitment. However, I wish to make the following comments on agenda item 12a regarding the joint meeting of the City of Ukiah (City) and County of Mendocino (County) to discuss a master tax-sharing agreement. It is well known that the City and County have been meeting on the topic for many years but have been unable to reach a fair and equitable master tax-sharing agreement. I believe it is important for all involved, including the general public, to have as much accurate information as possible. While it is true that state law mandates that approximately .30 cents of each sales tax dollar collected countywide, including within the city limits of the four incorporated cities of Ukiah, Fort Bragg, Willits and Point Arena is ultimately distributed to the County of Mendocino, it is equally true that every penny of these funds are spent to provide state mandated services to all County residents, including those who reside within the cities. Unfortunately, this sales tax allocation doesn’t cover all the costs of providing statemandated services. Each year the County is required to spend millions of additional dollars from the County General Fund to provide state mandated services that city and county residents rely on. Therefore, it provides an incomplete picture to focus on the topic of state mandated sales tax collections, all of which must be spent to provide state mandated services. It is my understanding that the sales tax sharing discussions have historically been focused on the appropriate formula for sharing funds derived from the local 1.00% sales tax rate – not the funds derived from the state 6.50% sales tax rate. In order to reach agreement, I believe it is advisable to re-focus our discussion on the 1.00% local share, as well as future distribution of property tax and transient occupancy tax within the annexation areas. I welcome the inclusion of the November 27, 2006 letter from the City Council to the Board of Supervisors expressing a commitment to move forward with the steps needed to implement the Ukiah Valley Area Plan. Now that the UVAP has been completed, and the Municipal Service Reviews for Ukiah Valley public agencies are nearing completion, it is time to move forward with a master tax sharing agreement. It is time that our jurisdictions, and those we serve who live and work in the Ukiah Valley, benefit from the positive outcomes, as stated in the above referenced letter, that can best be realized , by reaching a comprehensive agreement for tax sharing. The county stands ready to continue the development of a fair and equitable master tax-sharing agreement so all our residents may benefit from more collaborative local governments that work together for the greater good. As stated in my letter of July 29, 2013 to City Manager Chambers, the County continues to support key land use policies that favor development that is consistent with the Ukiah City Council recommendations on land use in the greater Ukiah area. Let me reiterate the County ad hoc still supports the 50/50 split and the Costco addendum, a carve-out that gives the city millions in sales tax dollars from Costco up-front, and possibly no increased sales tax revenue to the county for the life of the tax-sharing agreement. I remain optimistic and I look forward to city and county staff working together to resolve any outstanding issues with our draft master tax-sharing agreement.

Sincerely, Carmel J. Angelo, Chief Executive Officer, Mendocino County

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Evans

Evans

AS REPORTED LAST WEEK, Noreen has finally figured out she can make more money working on retainer for the special interests than if she merely does their bidding as a member of the legislature. Or, the State Dems may have told her to jump before she gets pushed. We doubt her decision is related to her love of administration of justice or lawmaking. By the way, she was angling for appointment as a judge but the Governor’s screening committee declined.

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Dear Friends: This year marks my 20th in public office, including 10 years in the Legislature. But Sacramento is not my home and politics not how I planned to spend my life. Though I enjoyed my job as a lawmaker, my first love is the administration of justice. I will leave the Legislature next year at the end of my term to return to my private law practice. I am immeasurably grateful for the faith, trust and support of our great community and the hard work of my dedicated staff. 
 Together, we wrote the nation’s first Homeowner’s Bill of Rights, improved our foster care system, protected the coast, kept state parks open, updated regulation of California’s wine industry, preserved CEQA as the cornerstone of California’s environmental protection laws, and much more. I chaired the Senate Judiciary Committee, working to strengthen consumer and privacy protection and keep our courthouses open in the face of massive budget cuts. I also chaired the Legislative Women’s Caucus, advocating for the interests of women and children. When California faced economic meltdown, as Chair of the Budget Committee I prevented the worst of many attempts to shut down public services. After several difficult years, I am confident the state is now moving in the right direction under Governor Brown’s leadership, with a strong Democratic majority in each house. As I return to private practice, I will continue to be a strong advocate for progressive values, working families, equal protection and justice for all. We have seen California through unprecedented challenges. I hope my efforts over the past two decades have contributed in some small measure to a better future for us all.

Noreen Evans, California State Senator, District 2

HANK SIMS (of LostCoastOutpost.com) adds:

One the one hand it’s a bit surprising, because few folk willingly bail from the legislature before they’re termed out. Evans has another four years coming to her. On the other hand, she’s been publicly dismissive about the $100,000-per-year pittance of a so-called “salary” she receives as a public servant, even going so far as to hire herself out as a part-time attorney while on the state payroll. Evans’ return to the private sector blows the 2014 races wide open. Assm. Wes Chesbro is up for the term-limit guillotine next go-around, and Evans is stepping down. Who will the party bosses appoint to replace them? The Sonoma and Marinites are jockeying around — Dick Spotswood has the Spotswoodian take here — but there are bound to be some Humboldters in the mix. Stay tuned.

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THE FILING DEADLINE for the local November elections is extended to August 14 for those races where an incumbent did not file.

LOCAL RACES TO WATCH: The three Brooktrails incumbents, including Tony Orth, who is currently probably the longest serving board member of any pubic agency in Mendocino County, are faced with a couple of challengers;

THREE Russian River Flood Control District incumbents, who include former County Supervisor Richard Shoemaker, are being challenged by Ukiah Valley Sanitation District General Manager Frank McMichael (who was defeated by Shoemaker for re-election as Second District Supervisor back in 1996. McMichael is calling himself a “water rights advocate.” Shoemaker, of course, is a Shoemaker advocate.

MARY MISSELDINE, a dental hygienist, will replace Diane Zucker on the MCOE board.

SUSAN RUSH is among six candidates for four seats on the Point Arena Unified School District Board.

OVER IN COVELO, tribal member Amanda Britton is challenging the three incumbents who are running for re-election to the Tribal Council.

THREE of the four incumbent Ukiah Unified School District Board members up for re-election, including long time incumbent Kathy James and Glenn McGourty, who are choosing to step aside.

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ACCORDING to today’s Press Democrat story by Paul Payne, 1,511 people were arrested in Mendocino County on felony charges and 835 – or 55.3% — were convicted. Lake County had 365 felony arrests and 171 convictions for a rate of 46.8%. “Mendocino County’s assistant district attorney, Paul Sequeira, said felony arrest conviction rates don’t mean much because the standard of proof is higher in court. Many people arrested on felonies are later charged with lesser crimes or dismissed, he said. Sequeira said his office keeps statistics based on the number of complaints filed that shows a conviction rate of 87% in 2012 and 88% in 2011.

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Jones

Jones

ADAM MORALES comments on the banana toss episode last Sunday at AT&T, for which the fan who did it has already apologized.

A fan, probably drunk, tossed half a banana at Adam Jones, the Orioles’ All-Star centerfielder.

The episode conjured visions of the racist fans who’d throw bananas at black soccer players in Europe, especially Italy.

“At the ‘stick it would have been a beer but who is going to waste a $10 foofoo micro brew? A free banana from a catering cart is a different story. If there had only been $8 brats left on the cart I doubt anything would have been thrown. I’ve been going to Giants games since I was a kid in the 70s. This is nothing compared to what you’d see or hear in those days. Nobody took it personally or cried PC tears of protest. The players wouldn’t hide behind agents (CAA? Gimmie a break!), they’d turn around and talk right back and at times barely restrain themselves from jumping into the stands to ‘continue the conversation.’ I was excited for the new ballpark and even more so when I went to the preview night for season ticket holders. That excitement was curtailed when I met my new ‘neighbors’ in section 119. A bunch of yuppies on one side who would never pay much attention to the game showing up in the third leaving in the seventh and a rotating group of annoying South Bay folks who worked as bartenders/waitresses in some upscale brew house and could not stay off their cell phones. Don’t get me wrong, there were a lot of great true fans there, but the majority of the 30,000 plus new season ticket holders were pretentious, stuck up
posers. It’s a business — I get it and seeing the Bonds years (’roids or not) and our World Championships has only strengthened my love of my HOME team but I could do without the fans of the last 13 years. If I’m not mistaken centerfield is bleacher town — what’s a catering cart even doing there? That should be the land of snuck-in flasks, not catered dinners! Again I get it— it’s a business. Well, business is good with 200 plus sellouts in a row. Let’s see how many of these ‘fans’ are there next year or the year after if the Giants don’t win it all. That’ll be the time to throw things.”

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RETURN TO PHILO

So quiet so still everything to see

In this wilderness so tame

I try to listen to feel to dream

To sing every song I’ve never sung

Every sight I’ve never seen

Looking for any path to anywhere.

 

I sing not wanting the song to end

Searching for the words I can’t find

Humming to myself for all to hear

Wondering where it has been.

 

You don’t need to write

Only going up and not down

You can write wherever in any weather

You can write whether you’re right or wrong

You might even write when everyone is wrong.

 

This day will never be the same

Just as the redwoods grow and change

Reaching up and everywhere

Teaching us all who we are.

 

This is the way we travel

Finding more to see and sing about

Bring out the best of us

To last forever.

 

This is a day to walk or run

To climb to crawl to take the time

We’ve never found but for now

On this day of sky sun air to breathe.

 

This is the time and place

This is the way we always

Seem to dream and sing about

Walking through these sunny miracles.

 

Finding the words to say

Hello or goodbye

In any language at any time

Takes a better poet than I

Takes a symphony of sounds

I hope to find to let us hear

Of our time here in this place

Of dreams of growth of feeling.

 

Finding what we only hope to find

Breathing as we climb the trails

Feeling as our hearts are beating

Every moment of our possibilities

We are together when we’re apart

It never seems far away

The sun keeps shining in our hearts

The songs keep singing keep coming.

 

— Jim Boudouris (not to be confused with my cousin in Philo, Jim Boudoures of the Philo SawWorks.)

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REMINDERS AREN’T THREATS

TO: Board of Directors, Mendocino County Public Broadcasting, P.O. Box 1, Philo, CA 95466

August 8, 2013

Re: Violation of California Corporations Code – Annual Membership Meeting

Members of the Board:

Thank you for your letter of July 24, signed by your president, Elaine Herring. The letter appears to be responding to my letter of July 2, which I mailed to you. I did not hand each board member a copy of my letter at your meeting of July 1, as your letter states. That letter was handed to you by member King Collins, and raises other issues that the board needs to address. This letter will focus on your violations of the California Corporations Code concerning our annual membership meetings.

Sections 5510-11 of the Corporations Code state, in part:

5510. (b) A regular meeting of members shall be held on a date and time, and with the frequency stated in or fixed in accordance with the bylaws, but in any event in each year in which directors are to be elected at that meeting for the purpose of conducting such election, and to transact any other proper business which may be brought before the meeting.

5511. (a) Whenever members are required or permitted to take any action at a meeting, a written notice of the meeting shall be given not less than 10 nor more than 90 days before the date of the meeting to each member who, on the record date for notice of the meeting, is entitled to vote thereat . . .

The Bylaws of Mendocino County Public Broadcasting state, in part:

Article X. MEETINGS OF THE MEMBERSHIP

Section 10.01 Annual Meeting:

1) The annual meeting of the Membership shall be held within sixty (60) days of the completion of Board elections each year, unless the Board shall provide for another date and so notifies Members.

2) The purpose of this meeting shall be to declare the results of the preceding election of the Board, to present an annual report to Members on the activities and accomplishments of MCPB, to present the audit report, and any other business as may come before the meeting.

3) Notice of the annual meeting date and location, including agenda items that may require Membership vote, shall be given to all Members a minimum of fifteen (15) days prior to the meeting if delivered by first class mail or a minimum of four (4) days prior to the meeting if broadcast daily on the Station’s radio frequencies and posted at the Station headquarters.

In plain English, since our bylaws require a membership meeting each year, a timely written notice to all members is required by state law.

You have stated several reasons why MCPB is exempt from the law. All are in error.

1) Cost. “Please note firstly that it costs MCPB in the range of $3,000-$4,000 to give a written notice of anything to all members.” Although the superior court can consider practicality in enforcing the Corporations Code, there is a cost-free alternative. Simply include the notice of the annual meeting with the notice of board elections.

Our bylaws state the following concerning the notice of elections:

Section 6.03 Elections

(2) The President of the Board or the Elections Coordinator shall announce ninety (90) days prior to the date of election that nominations will be accepted. Such announcement shall conform to MCPB’s Elections Policies.

In order to make both notices simultaneously, you would need to schedule the annual membership meeting on the same day as the close of balloting. You would not be the first membership nonprofit to do so. You could also change the timing for notice of the election. You could also include a membership renewal. There are many ways to avoid additional mailing costs. Practicality does not preclude compliance with the Code.

2) Habit. “Secondly, MCPB has never given notice of its Annual Meeting by mail.” Prior violations of a law do not justify future noncompliance. All you have done with this statement is to acknowledge a continuing pattern of noncompliance.

3) Agenda. You argue that the annual membership meeting is not a meeting at which “members are required or permitted to take any action”, and that therefore the notice provisions of the Corporations Code do not apply. “Accordingly, the Corporations Code Section that you cite, requiring 90 days advance written notice, was not applicable to the Annual Meeting in 2013, and it will not be applicable to any future Annual Meeting – unless the agenda for such meeting permits or requires action by the members.”

Your conclusion is based on the erroneous premise that only the board of directors can set the agenda at the annual membership meeting. If 20% of the members attend, they can conduct any relevant business, including changes to the bylaws. No board of directors can limit the rights of members that are established in the Corporations Code. Your efforts to do so by limiting the agenda and not giving proper notice violate both the letter and the spirit of the law.

4) Compliance with Bylaws. You argue that your actions were proper because “MCPB’s notices for the 2013 Annual Meeting complied fully with its By-laws,” citing Section 10.01(3) (above). Your argument is based on the erroneous premise that a corporation’s compliance with its own bylaws relieves it of the duty to comply with the Corporations Code. You are wrong. Mendocino County Public Broadcasting is a California corporation and must comply with the California Corporations Code. It is the notice provision in our bylaws that are out of compliance. Your failure to understand and acknowledge the significance of the annual membership meeting has resulted in erroneous policies and procedures.

Once you recognize the importance of the annual membership meeting, you will also understand that MCPB failed to hold a proper meeting in May by failing to answer any questions put forth by members at the meeting. It failed “to transact any other proper business which may be brought before the meeting” or to fully “present an annual report to Members on the activities and accomplishments of MCPB” as required by our bylaws (above). Even Horowitz and the vulture capitalists have to answer questions at their annual shareholder meetings. Are the MCPB board and management to be held less accountable?

The Board’s current policies of ignoring the rights and concerns of the members of MCPB bring into question its legal legitimacy. Worse, it burns the bridges of communication that are essential to any nonprofit membership organization. As a member of the Board of Directors, each of you has a sacred duty to maintain that communication.

In your letter, you characterized my efforts to protect the rights of members as “threats”, doing so five times in the first few paragraphs. But it is never a threat to nurture the collective consciousness of a nonprofit membership organization. Nor is it a threat to remind you that failure to comply with the California Corporations Code will expose Mendocino County Public Broadcasting to whatever court action is necessary to protect the rights of its members. Please change your policies and procedures as soon as possible to bring them into compliance and avoid any such action. It is the only way for our organization to find its best destiny and fulfill its mission of serving the people of Mendocino County.

Thank you for your time and attention.

Sincerely, Dennis O’Brien, Ukiah

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MEMO FROM OSLO:

If Peace Is Prized, a Nobel for Bradley Manning

by Norman Solomon

The headquarters of the Nobel Committee is in downtown Oslo on a street named after Henrik Ibsen, whose play “An Enemy of the People” has remained as current as dawn light falling on the Nobel building and then, hours later, on a Fort Meade courtroom where Bradley Manning’s trial enters a new stage — defense testimony in the sentencing phase.

Ibsen’s play tells of mendacity and greed in high places: dangerous threats to public health. You might call the protagonist a whistleblower. He’s a physician who can’t pretend that he hasn’t seen evidence; he rejects all the pleas and threats to stay quiet, to keep secret what the public has a right to know. He could be content to take an easy way, to let others suffer and die. But he refuses to just follow orders. He will save lives. There will be some dire consequences for him.

The respectable authorities know when they’ve had enough. Thought crimes can be trivial but are apt to become intolerable if they lead to active transgressions. In the last act, our hero recounts: “They insulted me and called me an enemy of the people.” Ostracized and condemned, he offers final defiant words before the curtain comes down: “I have made a great discovery. … It is this, let me tell you — that the strongest man in the world is he who stands most alone.”

Alone Bradley Manning will stand as a military judge proclaims a prison sentence.

As I write these words early Monday, sky is starting to lighten over Oslo. This afternoon I’ll carry several thousand pages of a petition — filled with the names of more than 100,000 signers, along with individual comments from tens of thousands of them — to an appointment with the Research Director of the Norwegian Nobel Committee. The petition<http://www.manningnobel.org/>urges that Bradley Manning be awarded the Nobel Peace Prize. Like so many other people, the signers share the belief of Nobel Peace laureate Mairead Corrigan-Maguire who wrote this summer: “I can think of no one more deserving.”

Opening heart and mind to moral responsibility — seeing an opportunity to provide the crucial fuel of information for democracy and compassion — Bradley Manning lifted a shroud and illuminated terrible actions of the USA’s warfare state. He chose courage on behalf of humanity. He refused to just follow orders.

“If there’s one thing to learn from the last ten years, it’s that government secrecy and lies come at a very high price in blood and money,” Bradley Manning biographer Chase Madar wrote. “And though information is powerless on its own, it is still a necessary precondition for any democratic state to function.”

Bradley Manning recognized that necessary precondition. He took profound action to nurture its possibilities on behalf of democracy and peace.

No doubt a Nobel Peace Prize for Bradley Manning is a very long longshot. After all, four years ago, the Nobel Committee gave that award to President Obama, while he was escalating the war in Afghanistan, and since then Obama’s dedication to perpetual war has become ever more clear.

Now, the Nobel Committee and its Peace Prize are in dire need of rehabilitation. In truth, the Nobel Peace Prize needs Bradley Manning much more than the other way around.

No one can doubt the sincere dedication of Bradley Manning to human rights and peace. But on Henrik Ibsen Street in Oslo, the office of the Nobel Committee is under a war cloud of its own making.

(Norman Solomon is co-founder of RootsAction.org and founding director of the Institute for Public Accuracy. His books include “War Made Easy: How Presidents and Pundits Keep Spinning Us to Death.”)

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“THE APPEARANCE OF THE LEVIATHAN herself was quite pleasing. Like all large, comfortable old whalers, she had a sort of motherly look — broad in the beam, flush decks, and four chubby boats hanging at the breast. Her sails were furled loosely upon the yards, as if they had been worn long, and fitted easy; her shrouds swung negligently slack; and as for the ‘running rigging,’ it never worked hard as it does in some of your ‘dandy ships,’ jamming in the sheaves of blocks, like Chinese slippers, too small to be useful: on the contrary, the ropes ran glibly through, as if they had many a time travelled the same road, and were used to it.” — ‘Omoo,’ Herman Melville

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NOT-SO-SIMPLE 2013 LOST AND FOUND

Greetings. If you were not with us at the Not-So-Simple Living Fair this year, we missed you and hope you come back next year. If you were in attendance, please note these lost and found items: camera, tent in green bag, Razor scooter, St. Johns Bay cotton flannel shirt, A’s baseball cap, beige floppy hat, red bandana, yellow plastic bat, misc BYO dishes. Also, if you were in attendance, please send any suggestions for next year. Thanks, NSSLF Coordinating Committee. — info@notsosimple.info

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FOR THE 100th TIME…

Warm spiritual greetings, These past two days I have been rereading the published lectures of Shunryu Suzuki, entitled “not always so: practicing the true spirit of zen.” Roshi said: “As much as possible, follow your inner voice, rejecting useless things. Dogen Zenji said that if your practice is pure enough you will be supported by Buddha, so do not worry about who will support you or what will happen to you. Moment after moment completely devote yourself and listen to your inner voice.” The commitment to realize a Washington DC around the beltway radical environmental protest action is enlightened, steady, and firm, just like one’s back during zazen. Myself and two others (formerly of the Occupy DC Freedom Plaza kitchen working group) are still staying at a house in Mt. Lebanon, PA. We are eager to move on to D.C. and need a place to go to, and we need others to participate in the DC beltway action. I ask you for the hundredth time: “What Are We Waiting For?” This is the one question that I am unable to answer. Can you help me?

Gassho, Craig Louis Stehr, August 12, 2013

903 Florida Ave., Mt. Lebanon, PA 15228-2016

Email: craigstehr@hushmail.com

Blog: http://craiglstehr.blogspot.com

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KINETIC CARNIVALE STEAMS UP WILLITS

Second annual fair provides weekend’s span of activities, unites old and new

by Roberta Werdinger

The Second Annual Willits Kinetic Carnivale powers up on Sept. 7 and 8 with a full weekend of activities combining the old and new in a way that is uniquely Mendocino and totally 21st century. The Carnivale’s offerings this year include a daylong fair on both days, an evening ball with a full lineup of music and performance, handcar races, volunteer and VIP opportunities, and crafts and wares galore, alongside the annual Steam-Up of amazing operating equipment by Roots of Motive Power, and — new this year — the Kinetic Fly-In, aircraft displays and airplane rides for sale at the Willits Airport. Interested parties can visit the website at www.KineticCarnivale.com, which has a wealth of information about the weekend. There’s also a Facebook page named Kinetic Carnivale with news updates and more photos. For more information on the Carnivale, including volunteering, send an email to info@kineticcarnivale.com. The Kinetic Carnivale is produced by the Mendocino County Museum. The Mendocino County Museum is at 400 East Commercial St. in Willits and can be contacted at 459-2736 or online at www.MendocinoMuseum.org.

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BLUES BROADS to Perform Last Sundays in the Park this Sunday, August 18th in Todd Grove Park at 6pm. What do you get when you put four incredibly talented women together, add an award-winning vocalist/keyboard/sax player and a backup band of equal abilities and histories? The result is the blues supergroup known as The Blues Broads.

bluesbroadsDorothy Morrison, Tracy Nelson, Annie Sampson and Angela Strehli, all highly regarded vocalists in their own rights. Reflecting more than two centuries of collective experience in blues, country, gospel and rock, the awesome aggregation is nothing less than a roots music “super group” of the first order. The Blues Broads are vocalists Angela Strehli, Tracy Nelson, Annie Sampson, and Dorothy Morrison. They are joined, whenever possible, by Deanna Bogart, whose skill on keyboards, saxophone, and vocals makes her an “Honorary Broad.” The band features Petaluma native Gary Vogensen on guitar (Boz Scaggs, Etta James), Bay Area local Steve Ehrmann on bass (John Lee Hooker, Roy Rogers), S.F. Bay’s Paul Revelli on drums (Charlie Musselwhite, Bo Diddley), and the North Bay’s Mike Emerson on a second keyboard. Each of these nine fantastic players have had careers most musicians would die for, playing with legends from Charlie Musselwhite and B.B. King to Boz Scaggs, Sammy Hagar and even Simon & Garfunkel. This powerhouse of talent combines to become something even more than the sum of its parts. (Short clip: http://www.youtube.com/watch?v=NT1_aO2U5g8)

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14TH ANNUAL SEAFOOD AND HARBOR FESTIVAL LABOR DAY WEEKEND. Sunday, September 1, 2013 Noon – 6pm. Point Arena Pier, Port Road, Pt. Arena Free Admission! Fresh, Local Seafood Feast: Salmon Kabobs, Fish Tacos, Oysters Beer, Wine and Soft Drinks; Desserts too! Entertainment: Thrive, Honest Outlaws, Groove Factor, DJ Sister Yasmin Raffle, Kids’ Activities, Boat Rides around the Pier, weather permitting. Smoked Salmon Contest: $20. Entry fee, winner splits the pot with the Pier Fund. This event benefits the Point Arena Pier. No Dogs Please. Information: 707-227-0939. www.harborfest.net.


Mendocino County Today: August 14, 2013

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MENDOCINO COUNTY has needed a slaughterhouse forever, and maybe we’re about to get one. The Economic Development & Financing Corporation (EDFC) will hold a public meeting next month to discuss potential plans for a local facility where ranchers could have their animals slaughtered and processed. The meeting is scheduled for Sept. 5 and follows the release of the Mendocino County Meat Plant Study, conducted by the University of California Agriculture and Natural Resources Cooperative Extension (UCCE) and funded by an Economic Development Administration grant.

THE 19 RANCHERS surveyed for the study “indicated that there is significant interest in utilizing a combined slaughter and processing facility located in Mendocino County,” that would include “meat grinding, labeling of packaged cuts and extended carcass hang time. We are a direct market to the Bay Area — they want our local products, but the only way to get the end product into the market is through a United States Department of Agriculture facility.”

WHICH the proposed slaughterhouse would be. Local meat producers now have to drive their animals to Humboldt and Sonoma counties for certified processing. The cost of the project is estimated to be $1.9 million, with $1.4 million being the cost of the facility and $500,000 for cash reserves.

WHERE TO PUT IT? They’ll look for a site with: Access to municipal sewer utilities, Access to municipal electric and water utilities, Proximity to a major transportation route, Community acceptance of project site, Labor force availability, Land site suitability, Ranch site requirements.

THE PUBLIC MEETING is scheduled for 5pm, Sept. 5 at the EDFC’s conference room at 631 South Orchard Avenue, and the ranchers better stand by for people in bunny suits and human wave attacks by vegans. “Community acceptance of project site” won’t be easy, but the old Masonite site seems like a natch.

MobileSlaughterhouseIF MENDO COULD GET ITS ACT TOGETHER and set up a cooperative like the ranchers in Puget Sound did a few years ago — a big if, given the level of non-cooperation shown so far — it’s possible that a mobile slaughterhouse like the USDA-approved Island Grown Farmer’s Coop would work well in Mendocino County.

(http://www.extension.org/sites/default/files/IGFC%20Case%20Study.pdf)

BY WAY OF BACKGROUND, here’s our report of the last time the Board of Supervisors discussed the prospect of an inland slaughterhouse back in June of 2010. (Note the significant reduction in the cost of the facility — among other things — and the two ranchers who offered their own property as sites for a slaughterhouse facility.)

THE MEAT AXE

by Mark Scaramella

On Tuesday, May 18 (2010), the Board of Supervisors spent an afternoon discussing the possibility of a slaughterhouse somewhere along Highway 101. 101 is something of a slaughterhouse itself, especially near Hopland to the south and between Willits and Laytonville to the north. The interstate suddenly goes from four lanes to two. Motorists slow to react are often killed.

The slaughterhouse under discussion, however, would render four-footed animals into steaks and chops.

Several sons of the soil, fresh off their back 40s, appeared before the Supervisors to talk up a tax-subsidized facility.

The slaughterhouse idea has been floating around for several years now, never getting very far because, of course, nobody’s willing to put up millions of dollars for, ahem, a pig in a poke.

Ranchers, miscellaneous Friends of Ranchers, and some local food advocates spoke for the idea; none of them offered to front the money. They seemed to think the Supervisors would somehow fund it, or fund the planning of it.

A rancher named John Ford, unlike his fellow ranchers, seemed much more reality-based. Ford rattled off some likely numbers and told the Board, “I can’t see where this is economically viable.”

Several enviros and a vegetarian told the Board that there were various problems with the idea — the smell, the waste, the humane treatment, the idea itself…

One Ukiah resident was for it as long as it wasn’t in his neighborhood.

Counting herself among the Friends of Ranchers, Fifth District Supervisor Candidate Wendy Roberts said she’d spoken to “Sea Ranchers and large cattle ranchers Peter Bradford, Larry Mailliard, Larry Stornetta… They tell me it would make a tremendous benefit to them. No more hauling of animals out of county.” Roberts then added the facility should not be in the Ukiah area. “Our support is conditional on that,” said Roberts.

Our support”?

Supervisor Pinches, a cattleman, pointed out that the idea hasn’t gone much past “Gosh! Wouldn’t it be great if the County built us a slaughterhouse!”

Bradford, Mailliard and Stornetta, individually or severally, could finance a slaughterhouse themselves. So, why don’t they? Why do they even suppose the public should be involved in building one for their private cows?

John Harper is chief of Mendocino County’s UC Extension/Farm Advisor Office, local fount of tax-funded advice and the occasional handout for gentleman farmers. The office also includes forestry expert Greg Giusti and the egregious grape guy, Glen McGourty. Harper functions as supervisor of the other two and their “livestock” expert. It fell to him to come up with a slaughterhouse concept for discus­sion purposes, although Harper took pains several times to note that his $18 million (depending on which price per square foot number you use) figure was pure speculation since nobody knows how much livestock would be brought in for slaughter nor how much finished meat could be sold. And nobody knows how the slaughterhouse would be funded or where it would be located or how the hippies would be cooled out if it magically became more than the dream of wealthy ranchers to get themselves a big freebie.

In other words, it was discussion time at the Mendocino County Board of Supervisors.

The ranchers agreed with Harper that there’s a market for their chopped up cows and pigs in the Sacramento Valley and among San Francisco’s Whole Foods types that a Mendo-based slaughterhouse might efficiently serve. Presently, Mendo’s small animal exports are trucked to Eureka or Sonoma County to be converted to hamburger and lamb chops.

Supervisor Pinches suggested that a producers cooperative might be a good way to get things going.

And there’s the rub.

Mendocino County’s wealthiest ranchers are all for having Mendocino County spend hundreds of thou­sands of dollars and many staff hours to discuss imaginary slaughterhouses but they don’t want a co-op and, of course, they don’t want to put up their own money.

At this point in Mendocino County’s long history of civic inertia — it took a whole decade to simply update the General Plan and five years to rubber-stamp a waterless modest housing project permit — the County has zero money to fund any free enterprise for rich people, let alone one costing an estimated $18 million.

Two local ranchers, Jim Lawson of Willits and retired Undersheriff Beryl Murray of Redwood Valley, seemed entirely carried away with the prospect of free money. They told the Board “You [the Board of Supervisors] can build it on my ranch if you want to.”

Ukiah Councilwoman Mari Rodin (who, by the way, doesn’t seem to know what “tare weight” is) spoke for the fantasy slaughterhouse.

There will be a slaughterhouse in inland Mendocino County the day after the Willits Bypass is completed.

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AND AFTER 150 YEARS Boonville will be without a full service bar when the Boonville Saloon closes this week. Shelly and Marcia did their darndest to make a go of it, but as of Saturday the 17th the nearest place for Valley people to get a real drink will be the Water Trough, Ukiah.

BoonvlleSaloon=============================

A CLOSER LOOK at the thuggish dismissal of Kathy Corral reveals that the overall survival of the Anderson Valley Health Center might be more precarious than many of us thought. The dental clinic has been losing money, but the looming restoration of MediCal’s dental component may re-secure funding for that sector of the Center’s operations, although not in time to save Ms. Corral’s job, the job she’d held for 11 years, the job she moved to Boonville for and bought a house here on the assumption her employment was secure. When I spoke to her last week, Ms. Corral, 60, insisted she not be portrayed as a “disgruntled employee,” although she said her sudden lay-off “felt like a heart attack.” Ms. Corral was a model employee and very popular with patients. She often bought supplies and needed pieces of equipment out of her own pocket and worked long weekends on her own time. In other words, a model employee who, if it had been calmly explained to her in civilized terms and circumstances would have understood that a money-losing dental clinic necessarily must lay people off. But to be marched out of the building like a criminal?

IF YOU CAME in late, after nearly 12 years on the job as manager of the AV Clinic’s dental office, a man named Dave Turner, two Fridays ago, demanded Ms. Corral’s keys, told her she could not say goodbye to fellow employees and escorted her out to the parking lot like she’d done something wrong. Clinic administrator Diane Agee had, however, grandly assured Ms. Corral that the Gualala-based management of the Anderson Valley Health Center would not contest Ms. Corral’s unemployment benefits.

AND HERE’S the rub, or the likely rub: The Anderson Valley Health Center is managed by traveling administrators out of Gualala. They manage three clinics including the one in Gualala and a dental office in Point Arena. The Anderson Valley Health Center, it seems, is now viewed by Gualala as a liability, that Anderson Valley people are close enough to Ukiah to avail themselves of the clinic at the old Hillside Hospital or submit to the for-profit medical services offered by the Adventist Hospital complex.

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Amor&PsychoKNOPF has published Coast writer’s Carolyn Cooke’s latest, a collection of short stories called Amor and Psycho which might be a case study of romance in Mendocino County but is instead a work of art. Ms. Cooke, a resident of Point Arena where amor and psycho are daily occurrences, is a really, really good writer whose terrific non-fiction has appeared, but not often enough, in this very newspaper. The Chron’s reviewer wrote Sunday “…Summarized, these stories sound like major downers, yet somehow they manage to be bracing. Cooke writes with humor and great affection for people, and she is unafraid to take on the inexplicable.” Which surrounds us, the inexplicable that is, and always is made interesting in the hands of a capable writer, which this person definitely is.  I’ve got my copy of Amor and Psycho on order.

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HOW SOLITARY CONFINEMENT IN PELICAN BAY PRISON ALMOST DROVE ME MAD

by Michael Cabral

How can I make anyone understand what it’s like to cling desperately to the hope of someday being heard because that¹s the only hope left? That¹s one reason why the hunger strike going on across California’s prisons matters. It might just keep that hope alive for prisoners locked down in Pelican Bay State Prison¹s Security Housing and Administrative Segregation Units (known as the SHU).

PelicanBayAt the age of eighteen years, four months, and six days, I was cast into the SHU where I stayed for two and half years, alone, without a window, a television, or a radio. (Mail, when it came, was delayed for months at a time.)

My only real distractions were the terrifying and gut-wrenching sounds and smells of grown men reaching their breaking points: crying, screaming, banging; blood and feces being smeared on walls and bodies; Correctional Officers (C/Os) yelling, shooting pepper spray — and puking.

I found a small measure of comfort in books and in treasured conversations through the ventilation system, with older men whose faces I¹d never see (conversing with anyone face-to-face was so rare as to be nonexistent). There was also the sound of my door being padlocked shut whenever there was a tsunami warning, meaning that if a tsunami did wash over us, the inmates¹ only hope is that death comes quickly. Maybe that sound was the most dehumanizing of all, because to realize you matter so little to other human beings is not a feeling one gets used to, or ever forgets.

There were seven inmate suicides during my time in the SHU. None of them surprised me. As an eighteen-year-old with my entire life ahead of me, I understood why people wanted to die.

To combat the temptation to follow my neighbors into the afterlife, I exercised with extreme vigor, I wrote, I studied family photos, as well as images I found in old magazines, imagining myself in the places and situations depicted. These offered at least the illusion of escape from the bare cement walls that always seemed to be closing in on me. Such relief came at a cost ‹ a progressive separation from my real life. I could get so lost in my fantasies (about home, barbecues, beaches, about committing violent crimes, about sex, building my dream house, about any number of things) that the slightest interruption ‹ the sound of the food port being unlocked at dinnertime ‹ could hurl me into fits of anger, depression, anxiety attacks. Living in the SHU was literally driving me mad.

On the bright side, there is a bakery in Pelican Bay. We¹d often get fresh baked cookies in our lunches. They were delicious. Sometimes, though, C/Os [correction officers] would remove them from some of the lunches for their own enjoyment. They were that good, good enough to make someone squash an inmate¹s only sense of relief, perhaps his only source of joy, with a dirty boot before passing in the tray. “You really have to try one.”

I spent two and a half years in the SHU, ostensibly as punishment for a fistfight with another inmate (I was charged with battery with no serious injury). I believe the real reason was that I had defied the Administration by refusing to participate in prison gang politics and to inform on other inmates who were active gang members. You could say I was lucky to get out in that short a time. More than 75 Pelican Bay SHU prisoners have been held in isolation for more than twenty years, and more than five times that number have been there for more than a decade.

Ironically, when I was placed in the SHU they told me it was for my own protection, and to give the prison time to evaluate my housing needs. If that “evaluation” had taken any longer, I would have lost my mind. ¥¥

(Michael Cabral has served ten years on a 15-Life sentence for murder, beginning when he was still a juvenile. His first two and a half years were spent in the Pelican Bay SHU. He spent time in Salinas Valley State Prison in Soledad, and is currently at Corcoran State Prison. His writing has appeared often in The Beat Within <http://www.beatwithin.org> , New America Media¹s weekly publication of writing and art by juvenile detainees.)

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DIAGNOSIS: NOT A CHARITY

Editor,

Those UVMC Job Cuts—

I understand that UVMC has had another round of employee cutbacks: some people being fired outright, others having had their hours slashed. Times are tough. But let’s take a closer look.

The hospital has scapegoated the as-yet-to-be-implemented Affordable Health Care Act for these cuts, preposterously citing a projected .07% cut in revenues. This apparently amounts to be a whopping $35,000! In addition! If you talk to clinicians at the hospital, many of these penalties have long been anticipated, with plans in place to further reduce readmissions. Note that in other contexts, UVMC’s administration cites a readmission rate that is actually quite low in relation to hospitals nationwide.

So what is actually going on? No one really knows. This is a closed organization. But it seems likely that the layoffs are more related to organizational forces within the larger Adventist system. There is a big push within the Adventist system to think in terms of a larger northern California network, mostly centered in St. Helena. In the past few years many local jobs have been lost to reorganization, replaced by positions in Sonoma County. You can argue that this is the efficiency of “economies of scale,” but the fact remains that jobs are lost here in Ukiah. On one hand the hospital continues to appeal to our community for donations, on the other it is actively implementing cuts in services that instead will be offered at other Adventist hospitals out of town.

What I find most annoying is that UVMC is supposedly a non-profit, but it is a non-profit hospital in name only. I can’t think of any meaningful acts of charity on the part of the hospital. Can you? Rather, its profits are consumed by the salaries of a large, corporate-like administrative structure. Being a closed organization UVMC is tight-lipped about the salaries paid to its administrators but if it is similar to the same-sized hospitals in northern California, administrative salaries are much higher than those of doctors and nurses. (Check out typical administrative salaries at Becker’s Hospital Review). In addition, it is not commonly known that a significant percentage of the hospital’s local revenue is passed up the food chain to a large central regional administration located in Roseville. Again, the figures are not available to the public. UVMC is now the largest employer in Ukiah. Many families depend on it for their income. But when real or imagined financial exigencies occur, it is the lowest level, most poorly paid employees who bear the brunt. Nowhere do I read of cuts in administrator salaries. Thus, our local hospital’s economic model differs little from big banks and corporations.

UVMCIt seems like the community needs to be aware that this large economic engine in our county is not really as community-minded as its public relations department makes it out to be, and I hope that the hospital, with enough pressure from the community, will respond with some credible numbers and some much needed transparency in its dealings with local employees and patients.

Sincerely, John Arteaga, Ukiah

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Baroja

Baroja

AT AROUND [1936] Don Pío Baroja, one of my favorite writers, found refuge in Basel, where he lived in the house, in the shirt, in the trousers, and in the slippers of the oddly totalizing writer Dominik Müller, and ate his heart out with homesickness for Spain. The only element of his clothing that didn’t originate in Müller’s costume shop was the beret on his head.  Don Pío was a very special kind of anarchist, so special that he had enemies in all political camps in his fatherland, all of whom wanted to shoot him, even in the attics of country’s two embassies in Paris. So he fled to Basel’s Water Tower area, where Dr. Müller did for this Spanish refugee what we refused to have the Führer do for us: he offered him a pair of pants. Pío Baroja accepted. Herr Müller published an interview with this, the greatest Spanish novelist of his time. People who read it and who knew Baroja said to themselves, “There goes another one — Baroja’s on Franco’s side!” It gave us a shock, too, and we sought out this Basque writer. He was, thank heavens, still the same. His Swiss host had played an evil game with the refugee’s world fame. I lacked the courage to alert Don Pío to the scam that was going on. He was himself unable to read the words his friend had put in his mouth. [...] He was old, sick, and exhausted, and without Spain he couldn’t go on living.  This vagabond genius, this desperado and anarchizing romantic, whose life’s work already filled more than eighty volumes, was suffering from the same illness as had befallen his Basque compatriot, Unamuno: Spain. [...] The finest products of the country are the ones who are repeatedly ruined by it — not only in Iberia, although that is where the affliction causes a dramatic level of desperation only possible in the somber shadow of the Man of La Mancha.

— Albert Vigoleis Thelen, 1953; from “The Island of Second Sight”

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WBAI-FM LAYS OFF MOST OF STAFF

by Ben Sisario

WBAI-FM, the noncommercial radio station that has been a liberal fixture in New York for more than 50 years, laid off about two-thirds of its staff last week, including its entire news department, because of long-simmering financial difficulties.

In a tearful on-air announcement on Friday, Summer Reese, the interim executive director of the Pacifica Foundation, which owns WBAI, said that after talks with SAG-Aftra, the union that represents broadcasting talent, “we will be laying off virtually everyone whose voice you recognize on the air,” effective Monday.

She said on the air that 75% of the staff would be let go, but in an interview over the weekend she said that the final number was 19 out of the station’s 29 employees, about 66%.

Andrew Phillips, the former general manager of another of Pacifica’s five stations, KPFA-FM in Berkeley, Calif., has been appointed WBAI’s interim program director.

A spokeswoman for SAG-Aftra declined to comment.

Pacifica also operates stations in Washington, Houston and Los Angeles, and syndicates popular public affairs programs like “Democracy Now!,” which started at WBAI in 1996.

WBAI, which broadcasts at 99.5 FM, has long struggled financially, and its leadership structure has been described as anarchic. But its problems multiplied last year after Hurricane Sandy, when it was forced to vacate its studios on Wall Street. In March, the station began a drive to raise $500,000 to pay back rent on its transmitter. Ms. Reese said the station had millions of dollars in debt and had operated at a loss since 2004. She said the Pacifica network had repeatedly drained its finances to cover WBAI’s expenses. The station, she added, could no longer afford to make its payroll and was laying off employees to pay its transmitter rent and to avoid being forced to sell its broadcast license.

WBAI is not the only troubled Pacifica station. Ms. Reese recently said that WPFW-FM in Washington might not be able “to get through until September.” Over the weekend she said that since Pacifica had been dealing with these troubled stations, “the entire enterprise is distressed,” but that by fixing its finances the network could survive.

(Courtesy, the New York Times)

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EDITOR,

Gotta say the workmen’s comp process seems more like a scam these days. Us employers pay a lot to insure that our workers and clients are protected. It helps us sleep at night for sure, but then one hears about how workers, who need the compensation literally have to hire a lawyer and sue to get it. What’s up with that? So who wins, lawyers and insurance companies. Seems like the idea is getting missed here; protecting the injured. With the State breathing down our necks to do the right thing from all departments including the DMV, why are the insurance companies just helping the injured workers? Seems more like a scam to me. — Philo Head Scratcher, Greg Krouse

ED NOTE: Single payer would do away with much of Workmen’s Comp which, as you say, makes it very difficult for small businesses to stay in business and pay the exorbitant rates the insurance combines demand.

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CLOSING EAST HILL ROAD WITHOUT A PERMIT

The City of Willits agreed last week to allow CalTrans’ contractors for construction of the Willits Bypass, DeSilva Gates and FlatIron, to close one of the area’s major residential thoroughfares, East Hill Road through October 15th. The closures takes place daily from 7am to 7pm. Following is a letter to the editor written by Willits resident Mary Burns, submitted to several local newspapers. The letter does an excellent job summarizing the facts of the situation.

 “Caltrans’ closure of East Hill Rd is causing major traffic jams, and the contractor doesn’t even have a permit yet! This not only impacts the thousands of people on Pine Mountain and East Hill Road, but anyone who intends to head south on 101 and lives on Eastside, Valley, Canyon, Tomki, or Hearst Willits Road, has good reason to use East Hill rather than endure City traffic.

I believe all residents have a right to use East Hill Road. It is not “unusual use”; it is routine use. The City is quaking in their boots because the contractors, De Silva Gates and Flatiron (“DSG/F”), threatened to sue if the City did not allow their unusual and extreme use of our streets without appropriate compensation to the City. Yet DSG/F are not practicing “good neighbor” policy for routine use. Those of you in attendance during a recent City Council meeting will recall Bruce Burton admonishing the crowd to be lenient with DSG/F, as it constituted being a good neighbor. To whom? A temporary resident or people who have contributed to the community for generations and are committed to staying here and contributing more, REAL neighbors?”

Where is the Traffic Management Plan? Why wasn’t the TMP part of relinquishment discussions? Why is it not part of current negotiations with DSG/F for use of City streets? It was promised in the FEIR. Closing City streets IS use! More than that: it is abuse! Perhaps it’s time to hire another attorney, since the City attorney did not assure that the relinquishment agreement was enforceable and the City is unwilling to enforce the agreement. We need to call every council member! This closure may be the very reason DSG/F had their attorney threaten the City! Are they trying to save money by not hiring a flagman, and working more slowly? If they didn’t account for traffic management in their bid it is THEIR mistake, not ours.

Finally, just because this portion of East Hill Road is on City property doesn’t mean Mr. Pinches is off the hook. He is the advocate for county residents and should be with us in demanding the City address the county residents they impact with their agreements. Let them learn WHY it is time they adopt a good neighbor policy. It is high time the City take account of the 8,000 people their decisions affect who do NOT have voting rights.

This is only the beginning of six years of construction, and a mere glimpse into the abuse of residents that DSG/F can apparently be expected to dish out. I encourage EVERYONE to show up at the City Council Meeting on August 14th to express their outrage at the City for allowing this. I hope everyone calls who they know on Pine Mountain or the valley that use East Hill Road, and encourage them to show up on the 14th. Even if this issue is not on the agenda, it must be addressed at public comment.

(Courtesy, savelittlelakevalley.org)

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THE MENDOCINO COUNTY REPUBLICAN CENTRAL COMMITTEE will meet Saturday, August 17, 2013, 10:00 AM – 12:00 Noon at Lumberjacks Restaurant, 1700 S. Main Street, Willits. No, we don’t have to sit in the same booth just because there are only four of us in this drug-drenched county of Billaries. We may be an endangered species but we’re still dangerous! For further information contact: Stan Anderson, 707-321-2592.

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LOCAL PLAYWRIGHT’S WORK TO BE PRODUCED IN NEW YORK

Bullock

Bullock

Local playwright Lawrence Bullock, whose work has been produced at various theaters since 1992, has received news that his one act play “My Prisoner, Myself” has been selected for production at The Producer’s Club, under the auspices of Love Creek Productions, an independent theater ensemble that has been producing plays for over thirty years.  Patrick Simone, graduate of Marietta College, will be directing the one act. He says, “I am excited to be directing this entertaining and funny one-act. It’s a great play.” Casting will be complete soon and the show will run for two weeks, beginning September 12th,  at The Producer’s Club, a small “black box” theater on 44th street in New York City, in the Times Square Theater District.  Mr. Bullock wrote “My Prisoner, Myself,” as a way of relaxing while he was writing the first draft of a more serious full length play, “Verify Zero” (since completed)  which he describes as “A study of the modern soldier, corruption in the military, and the misguided attempts to create the perfect warrior. I didn’t want to write an ‘anti-war’ play per se, but a play in which the discussion of the futility of war  is also a character. Modern warfare has become truly bizarre, with attempts to selectively remove soldiers’ traumatic memories, either through therapy (hypnotherapy and others) and through chemical memory erasing regimens. “Verify Zero” has elements of a thriller, with a side dish of thought. I hope to do a local reading soon , if possible.”

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DOCENT TOUR AT GRACE HUDSON MUSEUM ON AUG. 20

On Tuesday, August 20, from 12 to 1 pm, Curator Marvin Schenck will lead a docent and member tour of the Grace Hudson Museum’s new exhibit, “Milford Zornes: A Painter of Influence,” a retrospective of the watercolorist and master teacher whose career spanned nine decades and many countries. The tour is free for members of the Museum.  The Grace Hudson Museum is at 431 S. Main St. in Ukiah and is open Wed.-Sat. from 10 am to 4:30 pm and Sunday from noon to 4:30 pm. For more information please go to www.gracehudsonmuseum.org or call 467-2836. —Roberta Werdinger”

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CALIFORNIA LEGISLATORS CALL FOR OFFSHORE OIL FRACKING INVESTIGATION

by Dan Bacher

Assemblymember Das Williams (D-Santa Barbara) and eight other California lawmakers are calling on the Department of Interior and Environmental Protection Agency to investigate reports of fracking (hydraulic fracturing) beneath the seabed floor off the California Coast.

The legislators are asking for a strict review and possible new regulations of fracking in the ocean – less than 8 months after the completion of a network of questionable state “marine protected areas” that fail to protect the ocean from fracking, oil drilling and spills, pollution, wind and wave energy projects, military testing and all human impacts other than sustainable fishing and gathering.

“Hydraulic fracturing poses great potential dangers to our sea life and all California residents,” said Williams. “This controversial well stimulation technique needs greater scrutiny, particularly when it potentially jeopardizes our coastal way of life.”

Fracking employs huge volumes of water mixed with sand and toxic chemicals to blast open rock formations and extract oil and gas, according to the Center for Biological Diversity. The controversial technique is already being used in hundreds — and perhaps thousands — of California oil and gas wells.

Assemblymembers Mark Stone, Marc Levine, Richard Bloom, Adrin Nazarian, Bob Wieckowski and Senators Fran Pavley, Noreen Evans and Hannah-Beth Jackson have signed on in support of Williams’ letter to federal regulators.

On August 3, the Associated Press reported that oil companies have used hydraulic fracturing at least a dozen times to “force open cracks beneath the seabed” in the Santa Barbara Channel. The report says that regulators are looking into whether companies should obtain a separate permit and should face a stricter environmental review.

The Santa Barbara Channel, where the fracking has occurred, was the site of the tragic 1969 oil spill that killed countless birds and marine life.

“The fact that hydraulic fracturing is occurring off our California coast with little or no review is a frightening thought,” Williams said. “We, as residents and noble citizens, must stand together to call for greater scrutiny. We cannot take chances that could irreparably harm us all.”

Californians should support the legislators’ call for a federal investigation of hydraulic fracturing beneath the seabed floor off the California Coast. At the same time, the legislators should support a formal investigation into the many conflicts of interest that infested the Marine Life Protection Act (MLPA) Initiative, including the leadership role that a big oil lobbyist played in the corrupt process that was privately funded by the Resources Legacy Fund Foundation.

Fracking opponents must also oppose Governor Jerry Brown’s Bay Delta Conservation Plan (BDCP) to build the peripheral tunnels to export northern California water to corporate agribusiness and oil companies. Water destined for the canals will be used to expand fracking in Kern County and coastal areas.

The construction of the 35-mile-long tunnels would hasten the extinction of Sacramento River chinook salmon, Central Valley steelhead, Delta and longfin smelt and other fish species, as well as imperil salmon and steelhead populations on the Trinity River, the only out-of-basin water supply for the Central Valley Project.

Background: Big oil lobbyist oversaw creation of “marine protected areas”

Inexplicably missing from the mainstream media and even most “alternative” media reports on fracking is any mention of one of the biggest environmental scandals of the past decade – the alarming fact that Catherine Reheis-Boyd, the President of the Western States Petroleum Association, CHAIRED the Marine Life Protection Act (MLPA) Blue Ribbon Task Force that created the alleged “marine protected areas” that went into effect in Southern California waters in January 2012. She also served on the task forces to create “marine protected areas” on the Central Coast, North Central Coast and North Coast. (http://www.dfg.ca.gov/marine/mpa/brtf_bios_sc.asp)

Grassroots environmentalists, Tribal leaders, fishermen and advocates of democracy and transparency in government blasted the leadership role of the oil industry lobbyist in creating these “marine protected areas,” but state officials and representatives of corporate “environmental” NGOs embraced her as a “marine guardian.” MLPA Initiative advocates refused to acknowledge the overt conflict of interest that a big oil lobbyist, who supports fracking, new offshore oil drilling, the construction of the Keystone XL Pipeline and the evisceration of environmental laws, had in a process allegedly designed to “protect” the ocean.

You see, the “marine protected areas” created under Reheis-Boyd’s leadership weren’t true “marine protected areas” as the language of the landmark Marine Life Protection Act of 1999 called for. Reheis-Boyd, a marina corporation executive, a coastal real estate developer and other corporate operatives on MLPA Initiative task forces oversaw the creation of “marine protected areas” that effectively allow fracking and offshore oil drilling to continue and expand. (http://www.counterpunch.org/2012/01/02/the-oil-industrys-marine-reserves/)

These “marine protected areas” fail to protect the ocean from fracking, oil drilling and spills, pollution, wind and wave energy projects, corporate aquaculture, military testing and all human impacts other than fishing and gathering.

Reheis-Boyd apparently used her role as a state marine “protection” official to increase her network of influence in California politics to the point where the Western States Petroleum Association has become the most powerful corporate lobby in California. The association now has enormous influence over both state and federal regulators – and MLPA Initiative advocates helped facilitate her rise to power. (http://www.californiaprogressreport.com/site/lawsuit-filed-against-fracking-oil-lobbyist-says-its-safe)

Oil and gas companies spend more than $100 million a year to buy access to lawmakers in Washington and Sacramento, according to Stop Fooling California (http://www.stopfoolingca.org), an online and social media public education and awareness campaign that highlights oil companies’ efforts to mislead and confuse Californians. The Western States Petroleum Association (WSPA) alone has spent more than $16 million lobbying in Sacramento since 2009.

While I’m glad that the Legislators are calling on federal regulators to investigate reports of hydraulic fracturing on the ocean, it is imperative that also call for an investigation of the huge scandal of how state officials and corporate “environmental” NGO representatives allowed a big oil industry lobbyist oversee what passes for “marine protection” in California.

For more information about the MLPA Initiative, go to: http://intercontinentalcry.org/the-five-inconvenient-truths-about-the-mlpa-initiative/

Mendocino County Today: August 15, 2013

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VOICES OF GRACE WOMEN’S ENSEMBLE will be performing at Valley Bible Fellowship, 14251 Highway 128, (Across from the Fairgrounds office), Boonville  CA  95415. On Sunday, August 25, in the morning worship. Service begins at 10:00 AM. For more info please call (707) 895-3212. Admission is free and all are welcome. The women’s ensemble “Voices of Grace” was formed in 2010 by Carole Hester. She wanted a place for these singers to be able to work on music and travel to churches and events to sing God’s praises. Hester explained, “We live to tell God’s amazing grace to others. There’s nothing more fulfilling than doing what God wants us to do and continue finding out what else we can do in life in service to others. We believe we should use our gifts. “In Christian theology, grace is a spontaneous gift from God to man that takes the form of divine favor, love and clemency. It is considered an attribute of God that is most manifest in the salvation of sinners. It is understood byChristians to be a free gift of an uncaused and overflowing love and mercy that is totally undeserved by humanity.” “Voices of Grace” strives always to represent a loving God to those who hear them sing. Sopranos are Charlene Larsen and Marla Bentien. Diana Ragan is alto. Hester sings second soprano. Featuring songs with great harmony, the ensemble sings old songs by outstanding arrangers set in today’s “sound,” as well as songs from current Christian composers, thereby offering a wide range of audience appeal. For more information about this group, contact any of the singers, or call (707) 463-1231 or (707) 391-6586.

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WORK SCHEDULE UPDATE FOR WILLITS BYPASS PROJECT

August 13, 2013

District:                  Caltrans District 1 – Eureka

Contact:                 Phil Frisbie, Jr.

Phone:                   (707) 441-4678

Caltrans announced there will be additional day work on Route 101 and extended work hours at a local road closure for the Willits Bypass Project.    Additional work on Route 101 just south of the Haehl Overhead Bridge will begin Wednesday, August 14.  Work hours are 6:30AM to 6PM, weekdays.  Intermittent full road closures will be in effect.  Motorists should anticipate 10-minute delays. This traffic control is anticipated to occur through September 6.    East Hill Road will be closed to through traffic between Sanhedrin Circle and Cemetery Lane Monday through Friday, 7AM to 7PM and Saturday, 8AM to 5PM.  Motorists are advised to seek an alternate route.  This closure is scheduled through October 15.

Any questions regarding Willits Bypass construction may be directed to Caltrans at 707-456-1900.

For the most current road information on all State highways, please call 1-800-427-7623 (1-800-GAS-ROAD) or visit

www.dot.ca.gov<http://www.dot.ca.gov>

Phil Frisbie, Jr.

Public Information Officer for Lake and Mendocino Counties, Web Content Administrator, Caltrans District 1. 707-441-4678

http://www.dot.ca.gov/dist1<https://sslvpn.dot.ca.gov/,DanaInfo=www.dot.ca.gov+dist1>

http://www.dot.ca.gov/socialmedia<https://sslvpn.dot.ca.gov/,DanaInfo=www.dot.ca.gov+socialmedia>

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A SAMPLE COMMUNITY RIGHTS BASED ORDINANCE FROM PAUL CIENFUEGOS’ TALK IN MENDO COUNTY

Hi folks,

I’m sure some of you attended Paul Cienfuegos talk in Mendo County about communities challenging corporate personhood status rights by passing ordinances protecting communities from corporate crimes including pollution of community water and land, stealing homes from citizens and many others.  I’m attaching a four page example of a community rights ordinance Paul Cienfuegos passed out at his lecture. I’m working on one to ban fracking in Mendocino County for the Ocean Protection coalition.

Ed Oberweiser, Ocean Protection Coalition, Fort Bragg

CRO1CRO2CRO3CRO4

Mendocino County Today: August 16, 2013

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JOAN RAINVILLE, 53, the Ukiah woman who, drunk, drove her mother’s car through a neighbors’ fence and into their backyard party, will indeed face jury trial on a felony charge of assault with a deadly weapon, Judge Ann Moorman ruled Tuesday.

MS. RAINVILLE, well known as the friendly presence at Ukiah’s Mendocino Book Company, has drunk driving priors. This episode on May 26th was her second drink-propelled crash this year. The argument was whether a drunk woman behind the wheel of an automobile can be considered a weapon. The judge said yes.

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INTERESTING STORY by Phil Barber in Wednesday’s Press Democrat on Phil Jordan, the first and only Northcoast guy to play in the NBA. Jordan, 6’10”, was born in Lakeport to a white mother and a Wylackie father, played for Willits High School, went on to college, then to the NBA where he played against the likes of Bill Russell and Wilt Chamberlain from 1956 to 1963. Unable to play the night Chamberlain scored a hundred points against Jordan’s sub, Darrell Imhoff, Jordan left the game and died prematurely in a drowning accident in the state of Washington. Odd that not much more is known about him or his family, but then there are huge gaps in Mendocino County’s history, and much of what is known being either myth or heavily subjected to re-writes. Jordan’s brother pops up in Hunter Thompson’s famous book on the Hells Angels as a stabbing victim in a Willits brawl with the Angels.

PhilJordan=============================

LAKE MENDOCINO looks and is exhausted. Boat ramps are closed and the lake’s water is down to 43% of capacity. Mid-summer levels haven’t been this low since the 1970s, according to data from the California Department of Water Resources.

AND WHAT WATER there is is mostly owned by the Sonoma County Water Agency, which sells some of it on downstream to Marin County. Sonoma County is presently urging water customers to cut way back on consumption.

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A STUDY SPONSORED by the Save the Redwoods League has found that over the past decade redwoods are growing faster in the sense of apparent growth spurts. Why the accelerated growth is a matter of speculation, but the majestic trees that pull so much carbon dioxide out of the atmosphere do not seem negatively affected by global warming. But given that redwoods can live for upwards of 2000 years, a ten-year study of their recent well-being really can’t be considered anything more than encouraging.

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HOOPA VALLEY TRIBE PRESS RELEASE:

The Hoopa Valley Tribe decried the shut off of water needed to prevent a catastrophic fish kill in the Klamath River on the very day water releases began.

Scientists, federal officials and tribal leaders say the water is needed now. But at 2 pm, yesterday federal judge Lawrence J. O’Neill issued an order to block releases from Trinity River dams until at least Friday, and then today he extended the order until at least August 21st.

“I have received a Temporary Restraining Order (TRO) issued by Judge Lawrence J. O’ Neill that has an adverse effect on the scheduled release of Trinity River water to advert a Klamath fish kill. This TRO contradicts almost 60 years of laws pertaining to the diversion of the Trinity River, which put the Hoopa Valley Tribal water rights and the Trinity fishery over the needs of Central Valley irrigators,” stated Hoopa Valley Tribal Chairwoman Danielle Vigil-Masten.

The Tribe went on to say they hope once the judge has the opportunity to review the scientific documents and history of the Trinity River diversions he will lift the restraining order. They warn another catastrophic fish die off will have political ramifications that could potentially hurt both the Bay Delta Conservation Plan and Klamath River Basin water talks.

At issue is the recent decision from the Department of Interior to release 62,000 acre feet of water from the Trinity River reservoirs over the next six weeks to supplement low flows in the Klamath River to avoid a Klamath fish kill. This action is overwhelming supported by the public, Tribes, fishermen, and the scientific community, who claim similar actions in prior years were effective in avoiding fisheries disasters.

However, Central Valley water users, including the Westlands Water District, filed suit under environmental laws to stop the release of water last week, claiming releases will impact their future water supply.

The TRO was issued despite the federal government’s briefings, which stated, “Granting an injunction would result in immediate and irreparable injury to the public’s interest, including a significant risk of harm to fall-run salmon in the Klamath and Trinity River and, of special concern, the frustration of the government’s trust responsibility to the Hoopa Valley and Yurok Tribes to restore their fisheries.”

The Hoopa Valley Tribe and Pacific Coast Federation of Fishermen Association intervened to support the government proposal setting the stage for a Klamath River water battle reminiscent of the water battles that lead to the Klamath fish kill of 2002, which killed upwards of 60,000 adult salmon, and severely limited Tribal and commercial fishing harvests.

Along with supporting the government’s temporary actions to avert a fish kill the Hoopa Valley Tribe is asking for long term solutions to the crisis in the Klamath and Trinity Rivers that reflect that most irrigators receiving water from the Klamath Basin are junior water right holders. They say proposals such as the Bay Delta Conservation Plan and Klamath Basin Restoration Agreements would actually take more water from the Klamath and Trinity Rivers, and elevate junior water right holders over Tribes.

“Central Valley water users have made untold billions of dollars at the expense of Trinity River salmon and communities. The greed and aggression represented by this lawsuit and the hypocrisy of the plaintiff’s exploitation of environmental protection laws both stuns and saddens us,” said Vigil Masten. “But make no mistake,” she said, “If the injunction remains, then the Central Valley contractors’ attack on us, on who we are, on what we stand for, could launch a war for the Trinity that could engulf California from the Bay Delta Conservation Planning process to Klamath River Basin water settlement negotiations.”

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ALTHOUGH IT’S BEEN under-reported, the City of Richmond has done quite a remarkable thing in essentially nationalizing or, if you prefer, city-izing hundreds of that battered town’s foreclosed homes, seizing many of them by eminent domain because title to them is difficult to find or prove, the mortgages having been bundled by swindlers and repeatedly sold off to distant suckers, the whole of the scamming resulting in the banking crisis of 2008. The City of Richmond hopes to revive hard-hit neighborhoods by selling the properties itself to people who will live in them, including their victimized former owners.

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COMMENT OF THE DAY “The Edge…There is no honest way to explain it because the only people who really know where it is are the ones who have gone over. The others — the living — are those who pushed their control as far as they felt they could handle it, and then pulled back, or slowed down, or did whatever they had to when it came time to choose between Now and Later. But the edge is still Out There.”

Hunter S. Thompson, Hell’s Angels

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OVER THE HILL & FAR AWAY

by Malcolm Macdonald

The Mendocino Community Network (MCN) provides internet access to many in Mendocino County. The MCN Discussion List was designed to be “an open, unmoderated list intended for the discussion of items relevant to the residents of Mendocino County as determined by the list membership.” Sometime in late 2012, I signed onto the list, thinking it might be a place to better keep up with upcoming meetings and/or topics peculiar to the Mendocino Coast and Mendocino County.

Occasionally, an entry relevant to our locality creeps in, but much of the MCN Discussion List is dominated by a handful or two of the same people who far too often devolve into some of the vilest ranting and name-calling this side of an unkempt gas station toilet stall wall. After a couple of weeks of sorting through the dozens of posts a day that flood into my inbox through the MCN Discussion List I got in the habit of deleting almost every one. If something in the post’s title appeared to be of legitimate interest I opened it, but those have grown fewer and farther between as the months have gone by.

Though he doesn’t sink to the depths of the caustic, cursing, name-callers, our Fifth District Supervisor, Dan Hamburg, is a relatively frequent contributor to the MCN Discussion List. From late last year to this spring, it seemed that Supervisor Hamburg’s posts seldom held much relevancy for my life along the Albion River or, for that matter, any part of the Fifth Supervisorial District. In late May Hamburg provided a posting about burial laws, which one might conceivably say is germane to a rural setting. Beginning with his May 30th posts I decided to save all of Hamburg’s contributions to the MCN Discussion List. For the last two months I have also saved every offering of another frequent MCN Discussion List poster for something of a comparison.

The titles of Hamburg’s May 30, 2013 posts: “Noam Chomsky, The Kind of Anarchism I Believe In” and “Modified Wheat is Discovered in Oregon.” In the two months and ten days that I have kept track Hamburg has posted more than 85 times to the MCN Discussion List. Last Saturday’s Hamburg posts: “Ed Asner skewers the rich;” “New Mexico is the driest of the dry;” “Bad Prison Policy for Women.”

In fairness to Hamburg and in comparison, the other MCN poster had twice as many Discussion List entries, more than 175 in a 70 day period. That’s two and a half posts per day, typical for the ten to twelve individuals who dominate the MCN Discussion List, making it largely a waste of time.

Our Supervisor has the same freedom of expression as the rest of us. I would just like to think that an elected representative would spend his time concentrating more on issues pertinent and pressing to the Fifth District than posting articles about far off places.

In the past two months Hamburg’s MCN Discussion List offerings have included the aforementioned piece about home burials as well as a few posts in defense of his cutting off the public comment of a particular individual at a July Board of Supervisor’s meeting, but the vast majority of his contributions are merely recitations of articles found in national publications or internet sites. It might be a little more appropriate if our supervisor posted the articles of local or regional journalists as a public service, but I have yet to see Hamburg post an article from the Willits News, Ukiah Daily Journal, Mendocino Beacon, Fort Bragg Advocate-News, let alone any piece from the AVA.

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EDWARD SNOWDEN gave his first interview since outing himself as the NSA leaker and took the opportunity to criticize the media’s complacency post 9/11.

By JOSHUA GARDNER

In his first interview since he outed himself as the source of leaked NSA documents, Edward Snowden said the media has given the government a free pass to grow unchecked power ever since the attacks of September 11.

“[It] ended up costing the public dearly,” the 30-year-old newly minted Russia resident told the New York Times in a Q&A published Tuesday.

Snowden’s interview focused on journalists and the media, which he said need to wake up to the realities of surveillance. “Any unencrypted message sent over the Internet is being delivered to every intelligence service in the world,” he said.

Snowden’s Q&A was, of course, done through encrypted emails. Laura Poitras, the documentary filmmaker who helped Snowden spill his secrets, served as intermediary, having won the former NSA contractor’s trust months ago.

“Laura was more suspicious of me than I was of her, and I’m famously paranoid,” Snowden told Times reporter Peter Maass.

Poitras may have reason to be suspicious.

Snowden, in describing his methods for choosing a reporter to work with while searching for a way to tell the world what he knew, said that basically all emails are possible targets for government surveillance.

Those from news organizations, he suggested, are all the more likely to be read.

“Assume that your adversary is capable of a trillion guesses per second,” he wrote to Poitras at the start of their work together, a relationship the New York Times documents alongside the Snowden interview.

“In the wake of this year’s disclosures,” he said, invoking the information about the NSA he himself leaked, ‘it should be clear that unencrypted journalist-source communication is unforgivably reckless.”

But Snowden, who had his American passport revoked in June and was recently granted asylum by the Russian government after weeks in territorial limbo, simultaneously faulted media outlets for being too permissive about government misdeeds in the post-9/11.

“The most important news outlets in America abdicated their role as a check to power,” Snowden told the paper of record, “for fear of being seen as unpatriotic and punished in the market during a period of heightened nationalism. From a business perspective, this was the obvious strategy, but what benefited the institutions ended up costing the public dearly.”

But for all their complacency, Snowden says, big media organizations are slowly returning to the way they once were.

“The major outlets are still only beginning to recover from this cold period,” he said.

Snowden’s own actions, meanwhile, have surely hastened the process.

(Courtesy, the London Daily Mail)

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RETIRED SENATOR PAT WIGGINS PASSES AWAY AT AGE 73

SANTA ROSA, CA — Patricia “Pat” Wiggins died today in Sonoma County, CA, after a long illness. Pat’s life included a public service as a member of both the California State Assembly and California State Senate.

“Pat lived life to the fullest,” said Guy Conner, Wiggins husband of 30 years. “As a parent, friend and public servant, Pat’s considerable talents and vivacious personality leave the people she touched far better off.”

Wiggins achieved significant local and statewide policy changes that reflected her love of the North Coast and its way of life, including adopting “smart growth” provisions in state planning and funding critical research on the phylloxera virus that devastated vineyards in the 1990s.

“Pat was a great friend and tremendous public servant. I’ve known her since before I started my career in public office,” said Rep. Mike Thompson. “She was with me in my earliest campaigns. I would not be where I am today if it wasn’t for her guidance. Pat devoted her life to public service and to the idea that each of us has a responsibility to make our communities better places. Because of her work, Sonoma County has been left stronger for our kids and grandkids.”

A native Californian from Pasadena, she moved to Santa Rosa in 1984.

She was elected to the Santa Rosa City Council in 1994, serving thru 1998. In 1998, Pat won election to the State Assembly. She served three terms, left the Assembly in 2004, and was elected to the State Senate in 2006. Pat retired from the Senate in 2010 after her term ended.

Pat put herself into the public spotlight despite developing a profound hearing deficit later in life, which required technologically advanced hearing aids to overcome. She rarely spoke of her condition and never let it affect her work. While some doubted that a severely hearing-impaired person could even effectively campaign for office, Pat’s policy achievements while in office showed a determination and spirit that defined her public service record.

She leaves a legacy of cooperation and innovation, one that shows what communities can do when they pull together.

“We are enormously grateful for Pat’s tireless work on behalf of our community and wine industry issues,” said Linda Reiff, executive director of the Napa Valley Vintners. “Pat gained our respect and admiration because she was willing to step up and take on some pretty weighty topics when others were afraid to do the right thing. She was the first to say ‘yes’ to help us pass legislation that allowed us to tax our vineyards in order to build more housing for farmworkers. And, our Napa name protection law never would have been passed without her early and constant leadership.”

Pat actively nurtured the development of other people for public office. She played a key role in the election of literally scores of local and state elected officials from the North Coast, changing the landscape of local elected bodies toward a more progressive and publicly accountable frame of mind.

Pat was blessed to have a large group of close friends, many of whom came to visit and reminisce with her about their time together, both in and out of politics.

“Pat was always very dedicated to her work, but she did like to kick back and have fun,” said her longtime friend Marty Roberts. “We shared many wonderful trips to the coast and even drove across country one time with her husband Guy and my dog Molly! She had a wonderful laugh and a twinkle in her eye.”

Pat is survived by her husband, Guy, her two stepsons, Steve Silverman of Scottsdale, Arizona, and James Silverman of Owings Mills, Maryland, and her four grandchildren, Shane, Ava, Leah, and Solana.

A celebration of her life will be held at the Friedman Center in Santa Rosa at 1:00 Sunday, November 3. Contributions in lieu of flowers can be made to the Sonoma Land Trust, or to the Pat Wiggins Fund at Conservation Action Fund for Education.

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FUKUSHIMA NUCLEAR PLANT CLEANUP IN JAPAN APPROACHES DANGEROUS OPERATION

(Why won’t the USA and Northern Hemisphere wake up and help?!)

By Aaron Sheldrick and Antoni Slodkowski

TOKYO, Aug 14 – The operator of Japan’s crippled Fukushima nuclear plant is preparing to remove 400 tonnes of highly irradiated spent fuel from a damaged reactor building, a dangerous operation that has never been attempted before on this scale.

Containing radiation equivalent to 14,000 times the amount released in the atomic bomb attack on Hirosihima 68 years ago, more than 1,300 used fuel rod assemblies packed tightly together need to be removed from a building that is vulnerable to collapse, should another large earthquake hit the area.

Tokyo Electric Power Co (Tepco) is already in a losing battle to stop radioactive water overflowing from another part of the facility, and experts question whether it will be able to pull off the removal of all the assemblies successfully.

“They are going to have difficulty in removing a significant number of the rods,” said Arnie Gundersen, a veteran U.S. nuclear engineer and director of Fairewinds Energy Education, who used to build fuel assemblies.

The operation, beginning this November at the plant’s Reactor No. 4, is fraught with danger, including the possibility of a large release of radiation if a fuel assembly breaks, gets stuck or gets too close to an adjacent bundle, said Gundersen and other nuclear experts.

That could lead to a worse disaster than the March 2011 nuclear crisis at the Fukushima plant, the world’s most serious since Chernobyl in 1986.

No one knows how bad it can get, but independent consultants Mycle Schneider and Antony Froggatt said recently in their World Nuclear Industry Status Report 2013: “Full release from the Unit-4 spent fuel pool, without any containment or control, could cause by far the most serious radiological disaster to date.”

Tepco has already removed two unused fuel assemblies from the pool in a test operation last year, but these rods are less dangerous than the spent bundles. Extracting spent fuel is a normal part of operations at a nuclear plant, but safely plucking them from a badly damaged reactor is unprecendented.

“To jump to the conclusion that it is going to work just fine for the rest of them is quite a leap of logic,” said Gundersen.

The utility says it recognises the operation will be difficult but believes it can carry it out safely.

Nonetheless, Tepco inspires little confidence. Sharply criticised for failing to protect the Fukushima plant against natural disasters, its handling of the crisis since then has also been lambasted.

Last week, Prime Minister Shinzo Abe ordered the government to take a more active role in controlling the overflow of radioactive water being flushed over the melted reactors in Units 1, 2 and 3 at the plant.

The fuel assemblies are in the cooling pool of the No. 4 reactor, and Tepco has erected a giant steel frame over the top of the building after removing debris left behind by an explosion that rocked the unit during the 2011 disaster.

The structure will house the cranes that will carry out the delicate task of extracting fuel assemblies that may be damaged by the quake, the explosion or corrosion from salt water that was poured into the pool when fresh supplies ran out during the crisis.

The process will begin in November and Tepco expects to take about a year removing the assemblies, spokesman Yoshikazu Nagai told Reuters by e-mail. It’s just one instalment in the decommissioning process for the plant forecast to take about 40 years and cost $11 billion.

Each fuel rod assembly weighs about 300 kilograms (660 pounds) and is 4.5 metres (15 feet) long. There are 1,331 of the spent fuel assemblies and a further 202 unused assemblies are also stored in the pool, Nagai said.

Almost 550 assemblies had been removed from the reactor core just before the quake and tsunami set off the crisis. These are the most dangerous because they have only been cooling in the pool for two and a half years.

“The No. 4 unit was not operating at the time of the accident, so its fuel had been moved to the pool from the reactor, and if you calculate the amount of caesium 137 in the pool, the amount is equivalent to 14,000 Hiroshima atomic bombs,” said Hiroaki Koide, assistant professor at Kyoto University Research Reactor Institute.

Spent fuel rods also contain plutonium, one of the most toxic substances in the universe, that gets formed during the later stages of a reactor core’s operation.

“There is a risk of an inadvertent criticality if the bundles are distorted and get too close to each other,” Gundersen said.

He was referring to an atomic chain reaction that left unchecked could result in a large release of radiation and heat that the fuel pool cooling system isn’t designed to absorb.

“The problem with a fuel pool criticality is that you can’t stop it. There are no control rods to control it,” Gundersen said. “The spent fuel pool cooling system is designed only to remove decay heat, not heat from an ongoing nuclear reaction.”

The rods are also vulnerable to fire should they be exposed to air, Gundersen said.

The fuel assemblies are situated in a 10 metre by 12 metre concrete pool, the base of which is 18 metres above ground level. The fuel rods are covered by 7 metres of water, Nagai said.

The pool was exposed to the air after an explosion a few days after the quake and tsunami blew off the roof. The cranes and equipment normally used to extract used fuel from the reactor’s core were also destroyed.

Tepco has shored up the building, which may have tilted and was bulging after the explosion, a source of global concern that has been raised in the U.S. Congress.

The utility says the building can withstand shaking similar to the quake in 2011 and carries out regular structural checks, but the company has a credibility problem. Last month, it admitted that contaminated water was leaking into the Pacific Ocean after months of denial.

The fuel assemblies have to be first pulled from the racks they are stored in, then inserted into a heavy steel chamber. This operation takes place under water before the chamber, which shields the radiation pulsating from the rods, can be removed from the pool and lowered to ground level.

The chamber is then transported to the plant’s common storage pool in an undamaged building where the assemblies will be stored.

Tepco confirmed the Reactor No. 4 fuel pool contains debris during an investigation into the chamber earlier this month.

Removing the rods from the pool is a delicate task normally asssisted by computers, according to Toshio Kimura, a former Tepco technician, who worked at Fukushima Daiichi for 11 years.

“Previously it was a computer-controlled process that memorised the exact locations of the rods down to the millimetre and now they don’t have that. It has to be done manually so there is a high risk that they will drop and break one of the fuel rods,” Kimura said.

Under normal circumstances, the operation to remove all the fuel would take about 100 days. Tepco initially planned to take two years before reducing the schedule to one year in recognition of the urgency. But that may be an optimistic estimate.

“I think it’ll probably be longer than they think and they’re probably going to run into some issues,” said Murray Jennex, an associate professor at San Diego State University who is an expert on nuclear containment and worked at the San Onofre nuclear plant in California.

“I don’t know if anyone has looked into the experience of Chernobyl, building a concrete sarcophagus, but they don’t seem to last well with all that contamination.”

Corrosion from the salt water will have also weakened the building and equipment, he said.

And if an another strong earthquake strikes before the fuel is fully removed that topples the building or punctures the pool and allow the water to drain, a spent fuel fire releasing more radiation than during the initial disaster is possible, threatening Tokyo 200 kilometers (125 miles) away.

When asked what was the worst possible scenario, Tepco is planning for, Nagai said: “We are now considering risks and countermeasures.”

(Courtesy, Reuters.)

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WINESONG 2013

A Benefit for the Mendocino Coast Hospital

Held on the breathtaking Mendocino Coast

Anticipation for Winesong 2013 grows as auction lots and artist of the year painting are revealed. All that plus award-winning wine, spectacular food and charitable giving and you have a steller event!

September 6th & 7th, 2013

Visit www.winesong.org for details

FORT BRAGG, CA. (August 14, 2013) – Winesong 2013 (www.winesong.org) continues to be the Crown Jewel of Northern California charitable events. First, the 29th Annual Winesong will offer guests the opportunity to get an insider’s view of Anderson Valley Pinot Noir on Friday, September 6th as Winesong and AVWA (Anderson Valley Winegrowers Association) present “An Anderson Valley Pinot Noir Celebration” hosted by the Little River Inn. On Saturday, September 7th, guests can stroll through the enchanting Mendocino Coast Botanical Gardens enjoying a spectacular array of wine and food from 100 highly acclaimed wineries and 50 top-notch Northern California restaurants. The spectacular wine celebration continues on into the Auction Tents for the always-entertaining Live and Silent Charity Auctions. Last years event raised $450,000 for the Mendocino Coast Hospital. “Wine, food, art and music lovers are helping position Mendocino County wines and our event with the top regions and events in California wine country,” noted Executive Director Jeri Erickson. Winesong celebrity chef, Bradley Ogden (who is back for a second year), is in the final phase of menu planning for this year’s world-class Live Auction Lunch with the help of local catering company, Karina’s Catering. The fabulous menu will be paired with award-winning Mendocino County wines. This prestigious event is sure to sell out as it is a unique opportunity to attend a weekend like no other. A celebration of wine, food, art, and music in a captivating setting! Winesong is also pleased to unveil Laura Pope, 2013 Artist of the Year’s painting created for Winesong 2013. Pope has worked as a woodworker, a silversmith, a painter, and used techniques from the three mediums in mixed-media sculpture pieces. She continually delights in exploring and inventing techniques while working with different materials. For 20 years she has participated in the Laguna Sawdust Festival and Laguna Festival of Arts with jewelry and painting. Her work has been in numerous galleries and museums in Southern California and Texas. In Mendocino, her work has been seen in North Coast Artists Gallery, Oddfellows Hall, the Mendocino Art Center, Highlight Gallery, Mendocino Jewelry Studio, the Miasa – Sister City Show, and other venues. There will be lively bidding for over 200 lots featuring spectacular wines from the most prestigious wine producers, rare and hard-to-find vintages, and special vertical and horizontal collections. Original paintings and art from highly acclaimed artists, vacation packages, and custom-made international wine getaway packages share the auction limelight.

2013 Honorary Auction Chairs Monty & Sara Preiser have created some exciting auction lots for Winesong. Here are some Hot Lot highlights:

• Beverly Hills Magic: 2 nights at the Avalon Hotel in Beverly Hills, Dinner at AMMO Restaurant in Hollywood with Promise Wines owner and former President of ABC Entertainment, Steve McPherson, 6 Liter bottle of Promise wine, Tickets to Jimmy Kimmel Live accompanied by Steve McPherson, Photo-op and meeting Jimmy Kimmel, $750 cash to be used for air and airport transportation.

• Be a Celebrity: A rare invitation for 2 people to sit with the judges of the American Fine Wine Competition in Miami for 2 days and taste the stunning wines that have been invited www.americanfinewinecompetition, 2 lunches and dinners with the judges, Dinner at an excellent restaurant and 3 nights lodging. 3 nights in a top New York Hotel, 1 Broadway show, 3 dinners with each including a special bottle of wine, Guest of CBS with VIP seats for the David Letterman Show, join announcer Alan Kalter for a personal tour of the set and have your photo taken at David’s desk in front of the New York skyline, along with a personalized song from Composer Paul Williams. January 16-21, 2014. Advanced purchase round trip airfare from any Continental US city to New York and Florida.

An Anderson Valley Pinot Noir Celebration: Meet the Winemakers

Friday, September 6, 2013 | 1 to 4pm

This exclusive event features Pinot Noir from Anderson Valley and tastes of Little River’s finest culinary offerings. The focus of this celebration is to provide an exclusive opportunity to talk wine with the winemakers themselves in an intimate setting. Evaluate new wines and learn how classic Pinot Noir improves with age. Savor these lush and elegant wines while you meet and mingle with the winemakers at a seaside setting overlooking the spectacular Pacific Coast.

Wine & Food Tasting in the Gardens

Saturday, September 7, 2013 | 11am to 2pm

Each year, in order to offer a wide array of wines, Winesong invites 100 highly acclaimed world-class wineries to preview their new vintages. With producers coming from such diverse regions as Mendocino, Napa, Sonoma, the Central Coast, Sierra Foothills, Oregon, Washington State, Italy, Chile and South Africa, the tasting is truly world-class and unprecedented in its sheer diversity. A wonderful variety of culinary fare is provided by more than 50 fine restaurants and food purveyors from Northern California. Wine & food enthusiasts can stroll through the botanical garden paths along the bluffs overlooking the majestic Mendocino Coast while sampling this bountiful fare and enjoying performances of musical ensembles throughout the gardens playing a variety of styles including jazz, folk, classical, zydeco and more!

Silent & Live Auctions

Saturday, September 7, 2013 | Silent: 11am to 4pm Live: 2pm-5pm

There will be lively bidding on over 200 lots featuring spectacular wines and rare hard-to-find vintages from the most prestigious wine producers, original art from highly acclaimed artists, extravagant vacation packages, and custom-made international wine getaway packages. Bay Area celebrity Narsai David will serve as Master of Ceremonies.

Chef Ogden will be creating the lunch for VIP ticket holders with the help of local catering company, Karina’s Catering.

• VIP tickets with reserved seating at auction and Celebrity Chef Lunch, and access to wine and food tasting: $200

• General Admission Tickets with festival seating at auction and access to wine and food tasting: $100

• General Admission Tickets for Anderson Valley Pinot Noir Celebration: Meet the Winemakers: $50

Winesong is produced by Mendocino Coast Hospital Foundation, a non-profit organization dedicated to raising funds for the Mendocino Coast Hospital. Its mission is to help the small rural Hospital provide the best possible medical care to residents as well as the many visitors to the Mendocino Coast. The Hospital Foundation has raised over $4.5 million in Winesong generated funds which has enabled the Hospital to purchase essential medical equipment and improve services.

For more information and to purchase tickets visit www.winesong.org or call (707) 961-4688.

Mendocino County Today: August 17, 2013

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MANSON, by Jeff Guinn, is a freshly published biography of America’s favorite boogeyman. The author has discovered much that was previously unknown of Manson’s family origins, and lots about his needy, mostly pathetic followers. Manson always claimed he was a life long victim, that his mother was a teen prostitute, his family cruel to him. Nope. Guinn makes it clear, to this reader anyway, that Charlie, although raised by struggling people in the teeth of the Depression, was simply a bad guy from the time he could walk and talk. His family, including his mother, were decent people who did the best they could with him, but always, given the choice between doing the right thing and the bad, Charlie went for the bad.

SPENDING MUCH of his youth in institutions and then prisons, Manson, in his early thirties, emerged into the free world early in 1967 just as the world seemed to be coming apart with suddenly estranged children, anti-war demos, drugs, riots, and assassinations. Mr. Helter Skelter was in his element. Soon, he was competing for cult-brained followers in the Haight-Ashbury with other sociopaths preying on the hordes of teen runaways and other young people looking for someone to tell them what to do and what to think, looking for family, as Manson quickly discerned.

charles-mansonTHE AUTHOR’S DESCRIPTIONS of Manson’s apocalyptic brew of Hobbit-like mysticism, Beatles secret message music, sex, violence, and hallucinogens, attracted quite a crowd from which he winnowed people, especially women, certain to accept as truth whatever Manson told them. He had a real gift for selecting only those followers who could be depended on to accept him as the authority on all things.

MANSON TOLD his “family” that there was a big hole somewhere out in the Mojave, that if the family could  locate its entrance, they could live safe underground while a national race war launched by black people finished off Whitey. But black people, Manson explained to his cretinous recruits, will need someone to run things properly, and that’s where we come in.

MANSON was a musician. He wanted to be famous for his music. It was repeated snubs by music industry bigwigs that seemed to propel him to the murders he got some of his followers to commit.

ANYONE WHO’S lived in Mendocino County for any length of time, especially anyone who goes back to the late 1960s and early 1970s, will have had at least peripheral experience with charlatans of the counterculture type, men whose basic pitch was “You give me all your money and you can hang out with me in the hills while I tell you what’s what.” Versions of that, usually with a religio-mumbo jumbo overlay, and maybe an excited tale about a subterranean cave system linking Lake County to Mendocino. I heard that one for the first time back around ’75, and several times since. That period was a kind of mass feed for vultures, and delusion was even more prevalent than pot.

A FRIEND was just telling me the other day that when she first moved to the Anderson Valley she felt a prevalent “bad energy.” Then, when someone ran down the full roster of world class psychos who’d called The Valley home, she said she had to will herself to stay. “But it seems a lot mellower now, doesn’t it?” Positively bland, I replied, reassuring her that the good old days of Anderson Valley when Tree Frog, Pastor Jim, Lenny Lake, and numberless other nutballs seemed to be over.

FOR A WHILE THERE, though, we had the big boys of bludgeon, not that we knew it when they were “doing their thing,” as psychopathology was described at the time. Criminal behavior was often viewed simply as eccentricity, and anybody who thought Tree Frog Johnson seemed to have an unwholesome interest in small boys well, that person was “uptight,” probably a racist. Mr. Frog was black, you see, so he couldn’t possibly be a creep and predator perv.

LOTS of bad things happened during the hippie hay day, and lots of bad things went unreported, unrecorded. The Man was the enemy, you see, and The Man was broadly defined as anyone who disapproved of sloth and chaos as a way of life. The hippies cleaned up by ’75 and immediately proceeded to take over Mendocino County’s public bureaucracies, from the schools to the courts, which is why today the old boy’s network prevalent most places is, in Mendocino County, a liberal network.

THIS MANSON BIO brings it all back. The author is very good at evoking just how crazy that period was. There are two Mendo references, one of them about Manson being upstaged by a Mendocino guy, not named, and this:

“SINCE the Family was staying together forever, Charlie informed his followers, they needed a permanent home. He assigned Susan Atkins, in mid-pregnancy, to lead some of the others back to Mendocino County and look around for some suitable site….”

THE AUTHOR places the suitable site in Philo. In fact, the Family found a house on Gschwend Road, Navarro.

LOCALS say the Manson Family brought the first LSD into The Valley and routinely sold our native proto hippies marijuana. The Family was soon raided and several of the women, among them two killers, were arrested.


TRENT OUT
[by Tiffany Revelle]

The Mendocino County Sheriff’s Office’s contracted medical examiner, Dr. Jason Trent, is being replaced after he recanted statements he made in court on a homicide case, opening up the possibility of a retrial for a 40-year-old Hopland man convicted of murder three years ago.

“When you have a pathologist whose statements haven’t been consistent, that is obviously of concern,” said MCSO spokesman Capt. Greg Van Patten, referring to statements Trent made on the witness stand during the 2010 murder trial for Timothy Slade Elliott, and during an appeal hearing last year.

A jury in August 2010 convicted Elliott of second-degree murder in the September 2008 fatal stabbing of Samuel Brandon Billy, 29.

During the 2012 state appeals process, Trent recanted testimony he made at Elliott’s trial that a 1.65-inch knife alleged to have been the murder weapon could have caused the 6.7-inch deep stab wound that killed Billy. Trent claimed he thought the knife was 3 to 4 inches long instead.

At a June hearing on the petition, Trent again reversed his testimony, saying the 1.65-inch knife could indeed have caused the deep wound, and that he was wrong to recant his trial testimony.

Citing Trent’s inconsistent testimony, Mendocino County Superior Court Judge Ann Moorman granted Elliott a new trial Thursday. Elliott pleaded guilty to voluntary manslaughter, a charge that could reduce his sentence to seven years instead of 16.

Moorman called Trent’s credibility “damaged” during the June hearing, saying he had recanted his testimony under oath and then reversed it again under oath.

Trent’s inconsistency and Moorman’s statement spurred the Sheriff’s Office to review Trent’s contract, and ultimately to opt out of it, according to Van Patten. The contract was good from July 1, 2012 through June 30, 2014, he said, and the county gave Trent 90 days notice and signed another contractor.

Dr. Jacqueline Benjamin replaces Trent, starting Sept. 18. Benjamin, who had previously filled in for Trent during his 15-plus years as the medical examiner for Mendocino and Lake counties, comes to Mendocino County from Southern California, according to Van Patten, where she was also being recruited by a medical group. She is currently a pathologist at Keck Hospital of USC Pathology in Los Angeles.

Benjamin specializes in forensic pathology, anatomic pathology and neuropathology — the latter of which Van Patten said is an asset she brings that Trent doesn’t have.

“In rare cases where there is brain pathology that needs to be done, this will mean we don’t have to seek outside consultation on that,” Van Patten said.

While the details of the contract weren’t available Thursday, pending a Public Records Act request, Van Patten said the county pathologist is tasked with investigating deaths, whether or not crime is suspected. The contract provides for payment of $1,240 per standard autopsy and $2,000 per forensic autopsy in Ukiah, with added payment for autopsies in Willits and Fort Bragg.

[courtesy, Ukiah Daily Journal]


ADVISORY ON ELLIOT CASE
[from the Mendocino County District Attorney's Office]

This afternoon [Thursday] in Mendocino County Superior Court, a Hopland man entered a guilty plea to voluntary manslaughter in a fatal stabbing case dating to 2008 on Hopland rancheria.

Timothy Slade Elliott

Timothy Slade Elliott

The plea by Timothy Slade Elliott avoided a costly retrial of his disputed murder case surrounding the September, 2008 death of Samuel Brandon Billy. On March 28, the First Appellate District Court directed the local court to re-examine the trial. At issue was whether Elliott, 40, of Hopland, got a fair trial in 2010 and whether he deserves a new one. He claimed his public defender, Linda Thompson, was ineffective legal counsel and deprived him of his right to a fair trial. Superior Court Judge Richard Henderson denied the motion for a new trial at the time, and Elliott was sentenced to 16 years to life in prison. An appellate attorney in September 2012 asked for a new trial based on “a prima facie case of ineffective assistance of trial counsel,” according to a March 28 order from the First Appellate District Court, which directed the local court to re-examine the trial.

County contract medical examiner Dr. Jason Trent testified in Elliott’s 2010 murder trial that a knife — the alleged murder weapon — placed in evidence could certainly have made the 6.7-inch stab wound that killed Samuel Brandon Billy in September, 2008. In 2012, Trent changed his mind and in two sworn statements in Elliott’s appeals process, said he thought the knife did not make the wound and that he had thought the knife blade in question was 3- to 4-inches, rather than the 1.65 inches it actually was.

Superior Court Judge Ann Moorman on Thursday granted Elliott a new trial, citing the lack of credibility surrounding Trent’s changing testimony. Elliott’s attorney, Jan Cole-Wilson, and Assistant District Attorney Paul Sequeira told Judge Moorman that they had reached a stipulated agreement to reduce the murder charge against Elliott to voluntary manslaughter. Elliott, who has already served five years in prison, faces a maximum sentence of seven years under the announced agreement. Moorman set Sept. 10 as the date of sentencing for Elliott.

Attached [linked] for background is a June 22, 2013 story in the Ukiah Daily Journal about the case, and events leading up to Thursday’s hearing.


EEL RIVER ALGAE INCREASES AS WATER QUALITY AND FLOW DECLINES
[from the Eel River Recovery Project]

SF_Dyerville_08_07_13_AlgaeThe Eel River Recovery Project (ERRP) is working cooperatively with the University of California Berkeley and government agencies to help track toxic algae and to minimize risk to the community. After issuance by the Humboldt County Department of Public Health of a toxic algae health advisory in late July, ERRP followed up with an early August photo reconnaissance of the Eel River and its tributaries and is posting them in slide show form to their newly redesigned website (www.EelRiverRecovery.org).

While stream reaches like the upper South Fork at Leggett and upper Van Duzen River at Grizzly Creek had low algae levels in the first week in August, those conditions could change rapidly. Also, even in areas that are algae-free, swimmer’s itch is present, which can cause a mild flea-bite like rash. Advanced algal blooms and potentially toxic conditions are developing in the lower South Fork, lower Van Duzen and lower Eel River. In the future ERRP hopes that additional volunteer monitors will take initiative and submit photos and site descriptions of their favorite swimming spots and to expand coverage to all areas of the watershed. People can check out the new ERRP Facebook page created to facilitate so social media can be used to help provide information and photos.

The 2013 ERRP toxic algae monitoring project is being lead by doctoral candidate Keith Bouma-Gregson, who is not only training volunteers but also using data collected with their assistance for his dissertation. Keith is using UC Berkeley’s cooperative arrangement with UC Santa Cruz to acquire resin devices that can absorb blue-green algae toxins and will get help in quantifying them, if they are present. ERRP will inform relevant agencies and the public as study results become available.

Conditions at a swimming spot at Dyerville just upstream of the railroad bridge are no longer swimmable or advisable for contact by pets, with suspended algae as well as well developed algal scum along the shore.

Conditions at a swimming spot at Dyerville just upstream of the railroad bridge are no longer swimmable or advisable for contact by pets, with suspended algae as well as well developed algal scum along the shore.

ERRP is coordinating with Humboldt County Public Health and County Parks, the North Coast Regional Water Quality Control Board and the Wiyot Tribe on this project. Studies and observations will continue into the fall. Upcoming water quality reconnaissance and algae studies will begin to focus on the lower Eel River, as the fall Chinook salmon begin river entry during a period of extremely low flows and very high levels of algae.

ERRP is a broad-based grassroots movement that operates under the fiscal umbrella of the Trees Foundation. Funding for this study came from the Rose Foundation and private donations. Citizens can contact ERRP to become involved or to share information on the Eel River by calling (707) 223-7200.


WORLD-RENOWNED AMERICAN AUTHOR ALICE WALKER has been disinvited from giving a speech at the University of Michigan because a donor objects to her views on Israel, the agent negotiating the contract was told.

Walker, the Pultizer Prize winning author of The Color Purple, posted on her blog an excerpt of a letter from the agent informing her that the invitation to keynote the 50th anniversary celebration of the Center for the Education of Women at the University of Michigan had been withdrawn.

The agent wrote:

I’m saddened to write this because I’m a proponent of free speech and have been brought up to allow everyone to have their say. But I also realize that there are other considerations that institutions are faced with. This afternoon I was contacted by the University of Michigan instructing me to withdraw their invitation due to the removal of funding from the donors, because of their interpretation of Ms. Walker’s comments regarding Israel. They are not willing to fund this program and the university/Women’s center do not have the resources to finance this on their own. They are deeply regretful but I wanted to let you know immediately either way. I hope you can appreciate the fact that I’m uncomfortable even having to send this email in the first place. Hopefully we can work together again down the road. Thanks for understanding. I wish things had turned out differently.

Calling the withdrawn invitation “Censorship by Purse String,” Walker wrote, “Such behavior, as evidenced by the donors, teaches us our weakness, which should eventually (and soon) show us our strength: women must be in control of our own finances. Not just in the family, but in the schools, work force, and everywhere else. Until we control this part of our lives, our very choices, in any and every area, can be denied us.”

Gloria D. Thomas, director of the Center for the Education of Women, acknowledged that Walker had been disinvited, but said that the matter was a “misunderstanding.” In an email to The Electronic Intifada, Thomas wrote:

The [Walker's] blog was a result of an unfortunate misunderstanding. As director of the Center for the Education of Women (CEW), I decided to withdraw our invitation because I didn’t think Ms. Walker would be our optimum choice for our 50th anniversary.

Our 50th anniversary funding is assured. All donations, for this and other events, are accepted with no provisos or prohibitions regarding free speech. In fact, in a conversation with one of Ms. Walker’s friends/representatives, I indicated that I would be willing to speak with other units around campus to serve as a possible co-sponsor for a lecture by Ms. Walker in the near future.

Asked if a speaker had been chosen to replace Walker, Thomas wrote, “No contract has been signed yet. This information will be made available on our website once the contract is confirmed.”

alice-walkerIn recent years, Walker has become increasingly outspoken in her support of Palestinian rights, sometimes likening Israel’s abuses to the Jim Crow racist system she grew up with in the southern United States. Walker has written about her visit to Gaza, and participated in the June 2011 solidarity flotilla that attempted to reach the territory besieged by Israel, which led to her being demonized by the Israeli army. Her position on boycott has also been deliberately distorted by Israeli media. Walker has campaigned for other artists, most recently Alicia Keys, to respect the Palestinian call for boycott, divestment and sanctions (BDS). In her letter to Keys, Walker wrote:

I have written over the years that explain why a cultural boycott of Israel and Israeli institutions (not individuals) is the only option left to artists who cannot bear the unconscionable harm Israel inflicts every day on the people of Palestine, whose major “crime” is that they exist in their own land, land that Israel wants to control as its own.

Could Walker, one of the most celebrated figures in American letters, now be paying the price of refusing to be silent about Palestine?

–Jeffrey Blankfort


JEEBUS IS LORD!!!

Hector Sanchez stood in to pinch hit with 2 on and 2 out in the top of the 9th at the Bug Jar in Washington last Thursday. The Giants were down 3-1 and if they lost the game they would be swept by the Bugs, would have to fly to Miami feeling like a ton of snot, and J. Biro would owe his brother $10. Biro clamped his mitts together and prayed to Jeebus. He prayed to Jeebus even harder than he had prayed during the Miracle of Labor Day in 2010, when a True Act of Jeebus had turnethed the tide towards World Series victory. “O Mighty Jeebus, I humbly pray and beseech you now for a Miracle in Your Holy Name!” Strike one! “O Jeebus the Giants are suffering! Suffering in Your Sacred Quest O Omnipotent Jeebus!” Strike two! “O Jeebus! O Lord! Your Power is moving mightily in the stadium!” Ball one! “Your Miraculous Strength is shaking the stands O Mighty Jeebus! !” Ball two!

There was a delay while a bunch of Bugs met at the mound to discuss the situation. “Lord Jeebus You got ‘em rattled now! They feel Your Power and Holy Will moving in the Bug Jar! They faithlessly scoff at your Divine Strength!” Soriano wound up and threw a pitch that had been called a strike all afternoon against batters on the other side of the plate. Ball three! 3-2 count!! A palpable Wave of Terror swept the stands! J. Biro shouted and screamed at the television. “Mighty Jeebus YOU are LORD!! Your Pismatological Giants Power will Precipitate the Pill into the stands NOW in Your Holy Name O MIGHTY JEEBUS!!!” WHACK!!!!

praying-to-jesusSanchez lofts a three-run bomb over the right field fence! 4-3 Giants!! “ALL PRAISES TO JEEBUS!! JEEBUS IS LORD!!!!!” Bottom of the inning, Jeebus’ glowing force continued to illuminate His Miraculous Intervention against the dispirited Bugs as Crawford magically levitated into the air and stretched 10 feet to snag a liner. Werth struck out, the final Bug was stomped, and the Glorious Earth Shaking World Changing Victory in the Name of JEEBUS was recorded in the Book!! So, my brethren and sistren, never deride or ignore the Reality and Power of Praying to Jeebus! It’s a non-local quantum universe!! Thoughts are things!! It’s Never Too Late!! Next, fry the Fish! Then come Home to bash Boston, pummel the Pirates, and turn this thing around in the Mighty Name of Jeebus!! Pray! Pray hard!!!

–J. Biro


Mendocino County Today: August 18, 2013

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Carrie Hamburg

Carrie Hamburg

JUDGE CINDEE MAYFIELD has signed off on the home burial of Carrie Hamburg. Mrs. Hamburg, wife of 5th District supervisor Dan Hamburg, died March 8th of this year and, as per her last wishes, was interred at the family’s 62-acre homestead south of Ukiah.

HOME BURIALS are permitted in California only with a judge’s sign-off. The Hamburgs hadn’t sought that permission until the County noted that the Hamburgs hadn’t filed the required notice as to what they had done with Mrs. Hamburg’s remains. What ensued was a lot of cynical huffing and puffing of the legal type even though the family had intended to bury Mrs. Hamburg at home well prior to her death in early March. Which is what they did.

THE COUNTY was forced into the position of threatening to disinter Mrs. Hamburg, at which point the supervisor filed a lawsuit asserting a constitutional right to home burial and sued the County for legal fees. Why Hamburg waited so long to seek the judicial approval he has now obtained is not known, but he’s dropped his suit and is no longer seeking reimbursement for legal fees.

ABSENT THE ORDER of a judge, there is no legal authority for the
County to issue a death certificate and a burial permit. Hamburg simply filed a petition with the
court, albeit months late, and Judge Mayfield signed it. Case closed. Hamburg could have filed the same
petition months ago, and at that time the judge would have made the
simple, non-controversial ruling which she did Friday.


SHERIFF ALLMAN ON “THIS AMERICAN LIFE”

Mendocino County Sheriff Tom Allman will be featured on an upcoming episode of the popular weekly public radio program. From the “This American Life” website…

Under California law, it’s legal to grow marijuana for medicinal purposes if you have a doctor’s recommendation. A few years ago, Mendocino County Sheriff Tom Allman was trying to find a way to deal with the proliferation of marijuana in his county. Allman wanted to spend less time dealing with growers who were growing small, legal amounts, so he could focus on other problems — including criminals who run massive marijuana farms in the Mendocino National Forest. So he came up with a plan to allow the small farmers to grow, if they registered with his office. Growers would pay for little zip-ties they could put around the base of their marijuana plants, and the cops would know to leave them alone. It saved time and generated revenue. Reporter Mary Cuddehe tells the story of how the county and the nation responded to the sheriff’s plan. (18 minutes)

The show will be aired on KZYX (88.1, 90.7, and 91.5 fm) this Sunday, August 18, at 11 am. Later Sunday evening (and through next week) you should also be able to catch the show online via the This American Life website. (— John Sakowicz)


THE SKUNK TRAIN is again running from Fort Bragg to North Spur, which is about half way to Willits. You can also ride the Skunk to North Spur from the Willits end. The tunnel just east of Fort Bragg caved in earlier in the year, probably from old age. It is now repaired.
Save the Redwood League has paid $300,000
for a conservation easement along the Skunk’s forty miles of track, thus providing the venerable tourist line with the money to restore the collapsed section of tunnel.

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MENDOCINO COUNTY LIBRARIES, in partnership with RBdigital from Recorded Books, is pleased to announce the availability of Zinio for Libraries. Awarded Best New Database of 2012 by Library Journal, Zinio is the world’s largest digital newsstand, offering full color magazines, identical to the print edition, available 24/7 on your Internet-connected device. Through MendoLibrary.org, patrons of Mendocino County Libraries will have unlimited access to complete digital magazines, which can easily be viewed on most Internet-enabled devices inside or outside of the library. Zinio’s unique technology digitally recreates a magazine page for page, featuring full color pictures, intuitive navigation, key word article search and interactive elements such as audio and video. Consumer Reports, Good Housekeeping, National Geographic, O, The Oprah Magazine, and Readers Digest are just a few of the popular titles available. “We are pleased to be able to offer this new service to our customers,” said Mindy Kittay, Director of the Mendocino County Library. “We are now able to provide an extensive selection of magazines, from educational, inspirational, and hobby based to self-help and entertainment focused. There are no due dates or overdue fines – customers will never have to wait for a magazine to be returned by another reader.” Please see a library staff member at your local branch of the Mendocino County Libraries for more information on how to access this service, or go to the website at MendoLibrary.org. For more information, please call (707) 467-2590. (Mendocino County Press Release)

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REP. HUFFMAN–SUPPORT HJR29!
It is imperative that Congressman Jared Huffman (http://huffman.house.gov; 707-962-0933) manifests the will of 74% of Mendocino County’s voters who passed Proposition F last November to amend the U.S. Constitution to state that the rights therein are those of natural persons only and not of artificial entities such as corporations.

Huffman should support HJR29, which eliminates corporations as persons and declares that money is not the same as free speech and allows regulation of political spending. Huffman currently supports the weaker HJR 25, which only regulates expenditure of funds for political activity by corporations. The Supreme Court recklessly ruled in Citizens United v. Federal Elections Commission on January 21, 2010, that corporations are persons, entitling them to buy elections and run our government.

Unbridled corporate greed undermines our citizen democracy.  Watch http://thelastmountainmovie.com/video from the powerful award-winning film, “The Last Mountain,” narrated by Robert Kennedy, Jr., to witness an example of unleashed corporate greed by Massey Coal’s destruction of Appalachian mountain tops at the expense of the local people, their health, and the environment.

Mendocino citizens must not coast [sic] along here in God’s country–we must join the national movement to amend the Constitution (https://movetoamend.org) based in Eureka by demanding that Congressman Huffman truly represent us by supporting HJR29.

Susan Nutter, Fort Bragg

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THE HOOPA VALLEY TRIBE decried the shut off of water needed to prevent a catastrophic fish kill in the Klamath River on the very day water releases began.

Scientists, federal officials and tribal leaders say the water is needed now. But at 2 pm, yesterday federal judge Lawrence J. O’Neill issued an order to block releases from Trinity River dams until at least Friday, and then today he extended the order until at least August 21st.

“I have received a Temporary Restraining Order (TRO) issued by Judge Lawrence J. O’ Neill that has an adverse effect on the scheduled release of Trinity River water to advert a Klamath fish kill. This TRO contradicts almost 60 years of laws pertaining to the diversion of the Trinity River, which put the Hoopa Valley Tribal water rights and the Trinity fishery over the needs of Central Valley irrigators,” stated Hoopa Valley Tribal Chairwoman Danielle Vigil-Masten.

The Tribe went on to say they hope once the judge has the opportunity to review the scientific documents and history of the Trinity River diversions he will lift the restraining order. They warn another catastrophic fish die off will have political ramifications that could potentially hurt both the Bay Delta Conservation Plan and Klamath River Basin water talks.

At issue is the recent decision from the Department of Interior to release 62,000 acre feet of water from the Trinity River reservoirs over the next six weeks to supplement low flows in the Klamath River to avoid a Klamath fish kill. This action is overwhelming supported by the public, Tribes, fishermen, and the scientific community, who claim similar actions in prior years were effective in avoiding fisheries disasters.

However, Central Valley water users, including the Westlands Water District, filed suit under environmental laws to stop the release of water last week, claiming releases will impact their future water supply.

The TRO was issued despite the federal government’s briefings, which stated, “Granting an injunction would result in immediate and irreparable injury to the public’s interest, including a significant risk of harm to fall-run salmon in the Klamath and Trinity River and, of special concern, the frustration of the government’s trust responsibility to the Hoopa Valley and Yurok Tribes to restore their fisheries.”

The Hoopa Valley Tribe and Pacific Coast Federation of Fishermen Association intervened to support the government proposal setting the stage for a Klamath River water battle reminiscent of the water battles that lead to the Klamath fish kill of 2002, which killed upwards of 60,000 adult salmon, and severely limited Tribal and commercial fishing harvests.

Along with supporting the government’s temporary actions to avert a fish kill the Hoopa Valley Tribe is asking for long term solutions to the crisis in the Klamath and Trinity Rivers that reflect that most irrigators receiving water from the Klamath Basin are junior water right holders. They say proposals such as the Bay Delta Conservation Plan and Klamath Basin Restoration Agreements would actually take more water from the Klamath and Trinity Rivers, and elevate junior water right holders over Tribes.

“Central Valley water users have made untold billions of dollars at the expense of Trinity River salmon and communities. The greed and aggression represented by this lawsuit and the hypocrisy of the plaintiff’s exploitation of environmental protection laws both stuns and saddens us,” said Vigil Masten. “But make no mistake,” she said, “If the injunction remains, then the Central Valley contractors’ attack on us, on who we are, on what we stand for, could launch a war for the Trinity that could engulf California from the Bay Delta Conservation Planning process to Klamath River Basin water settlement negotiations.”

(Hoopa Valley Tribe Press Release)

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SNAKE BITES & SEX CHANGES

by Debra Keipp

My favorite sister was the middle child of five. For want of a boy on their third try, my folks issued her the male spelling of a name they’d 
already selected: Kerry Lynn. Born at sunrise in April, her sunset was expedited by breast cancer. She was comic relief all her life. Self-deprecating, humorous and humble, she called herself thunder thighs. She was proud of her huge muscular Crumb-esque drumsticks. She was a horsewoman who became a hiker of mountain terrain all her life. Each winter mom would braid a new wool rug for another room in the house. Kerry would plop down on the substantially unforgiving oval wool rug and leg wrestle-to-rug-burn all takers. She was quick, and if you were smaller than her, she’d flip you to the other side of the rug, hump over head.

While our first two sisters battled it out in wars with each other, Kerry chose to be happier than that. She rode horses bareback and hung on tight to Patsy Cline heartbreak tunes in regular succession. A 
manly girl, her shoulders towered square and strong over our only brother, The Golden Boy. The family picture showed four handsomely femmed-up 
cowgirls with strong square backs like linebackers from bailing hay and wrestling horses and cows, and my drummer brother, with downward sloped little shoulders not big enough to hold up his t-shirts, which slid off one shoulder at a time, giving him a habitual twitch from constantly trying to rectify the matter.

Kerry was at least a decade older than I. She was teaching me a duet on the converted upright player piano in our music room when Mom brought in the mail. Mom flicked Kerry’s letter onto the keys. Kerry Lynn received her first ever request to register for serving her country in war based on the male spelling of her name. She pointed out to me the government stamp on the envelope. “It’s really authentic!” She beamed, 
“It’s no joke! Isn’t that funny?!”

After Kerry avoided the draft and went to college she immediately gravitated to the Rocky Mountain Range. She first chose Glacier National Park, where she loved to hop trains from park to park (Sterling Hayden hobo-style) while working as a maid in Mammoth Lodge. An avid hiker and skier, she turned out to be a serious mountain woman, making her profession in her retiring years by costuming and singing funny telegrams of her own design. As an outdoorswoman, Kerry loved spotting bear and cougar. After working in Glacier during the “Night of the Grizzly” years, she kept a respectful, safe distance from bears the rest of her life, and she never had a bad experience. She was the first person 40 years ago to tell me about HAARP (High Frequency Active Auroral Research
 Program), the government’s weather warfare weapon; that the government was dumping nuclear waste in the waters of Carlsbad Caverns; and that bears came in several colors: grizzly, black, brown, red, cinnamon and even white. She was right on all three.

When “sister number two” decided to quit the Peace Corps when she could not bring herself to slit a lamb’s throat in survival class, Kerry responded by joining VISTA: Volunteers in Service to America. She wound up in Raton, New Mexico teaching English as a second language, and made it her home. I read some Michener where he said the name Raton (Rat Hole) was changed from Willow Springs when, following the trash left behind the wagon trains on the Santa Fe Trail, hoards of rat packs migrated Westward
 Ho! The rat packs in the wake of the wagon trains was so massive, settlers ascending Wooten Pass said they resembled undulating earth, even from a great distance. It was after arrival of the rat packs that Willow Springs’ name was changed to Raton.



Visiting Kerry often in Raton, we’d go up 6,666 feet to Wooten Pass, looking North over our shoulders to her past, as she’d worked her way down the Rocky Mountain Range, into the jagged foothills of Colorado’s snow-covered Sangre De Cristo Mountain Range. In front of us, lay our future to the South: the baked terrain of what remained of New Mexico’s landscape after ancient meteor strikes charred dry the landscape, leaving a bas relief of mesas dotting the terrain. Looking down from the pass onto the mesas, we could see the barren but unmistakable scarred earth of crop squares from a bygone age of farming, as far as the eye could see.

Kerry took me to remote and Native lands, jewelry and drum makers, Acoma Pueblo, mining and ghost town ruins, white sage collecting, and natural hot springs in the Jemez Mesas. We saw cliff dwellings, petroglyphs where rattlers rustled off the trails, veined skies shocky with flashing lightning among intermittent thunder storms, and we suffered sunburnt lips and dry static hair bleached by the sun at altitudes well above 6,000
feet. Kerry even got lost one day hiking Ghost Ranch (now run as a retreat center by Presbytery USA), and wound up having tea with Georgia O’Keefe who pointed her back in the right direction to return to her retreat. She met Robert Redford one day at a film shoot. He stood behind her in line for an ice cream cone. She received her cone, turned to look into Redford’s beautiful young face, and distractedly stricken, deposited her ice cream cone into her coin purse instead of her spare change.



I went back to travel with her often: Cimarron Canyon, Taos, Des Moines, Colfax County (Iowa names from our childhood); haunted mansions like Dorsey Mansion alone and in the middle of nowhere; quarter horse racing at
 La Mesa Park, Native American art, jewelry and expert weaving in the high country of Chimayo. We found stone fruit trees near Las Truchas where the old Curanderos live. We stopped for plums, only to meet Ralph Trujillo, whose son (Ralph, Jr.), he said, managed the beach for the City of Alameda, California. Small world. We even rode a trail drive, herding cattle from one mesa to another above the forest line.



Kerry married a man whose orphaned parents were believed to be Apaches found wandering as children in the dessert of northern Mexico after their tribe was “scattered”. Orphaned Jesus took the name Palomino and the orphanage labeled him and Josepha ethnic Mexicans by virtue of where they were found. When Kerry delivered her first child with their son, Tony, she birthed him 30 minutes north of Raton at the local hospital over the border in Trinidad, Colorado.

While the small Catholic hospital had a labor and delivery unit, it was best known, in fact internationally famous for, sex change (sexual reassignment) surgeries. Old Dr. Biber invented the surgery at the request of a patient. The Catholic nuns would drive to the airport and pick up the surgical candidates, and drive them to the hospital. When it came time for Kerry to deliver, a nun with her sweater buttoned up crookedly (missing a button), came to Sis’s bedside and began coaching her on how to deliver her baby. When that didn’t work, Kerry took one look at the nun leaving the room, noticing she hadn’t buttoned up her sweater correctly and a second look at her worried husband and said, “Here I am, a Presbyterian in a Catholic sex change hospital trying to get a boat out of the basement with a nun as birth coach, and she can’t even button her sweater up right! Where have you taken me?!” Kerry’s tool in responding to fearful frustration in ironic situations was satire.



[South Park eventually created a very accurate episode about Dr. Biber and his sex change operations in the same Trinidad, Colorado hospital, entitled “Mr. Garrison’s Fancy New Vagina”. In the Season 9 opener, one South Park parent wants to become a dolphin and goes to Dr. Biber to ask him to “make me a dolphin”. Dr. Biber sews a dorsal fin on him, stitches his legs together into one tail fin, augments his nose to a beaky bottle-nose that makes authentic dolphin sounds, hands him a pair of crutches to tripod around on his newly fashioned tail fin and tells him he looks like a dolphin.

Mr. Garrison arrives in Dr. Biber’s office, asking to become a woman, and South Park shows Biber operating in a hard to forget, all-too graphic grainy vintage color film of an actual male to female sex change operation that’ll make you squirm. Especially the gory part where the male external
 genitalia is filleted, turned wrong side out, then inserted into the new 
“pocket”, creating a new vaginal cavity in the hope that some of the surviving 
severed intricate nerve endings will somehow offer correct internal 
“feeling.” It’s a madman’s invented ideal, and expecting a lot from a bunch of surgically sliced nerve endings.

Both the dolphin-man and Dr. Garrison return to Dr. Biber’s office post-surgery to complain that: 1) the dolphin-man cannot swim under water holding his breath for any length of time. Dr. Biber tells him, “You wanted to look like a dolphin, and we did that; you can never actually BE a dolphin.” And 2) Mr. Garrison complains that he cannot have babies, and Dr. Biber shares with Ms. Garrison a similar corollary.

A Berkeley friend, who at the late age of 40, went to Belgium for his-to-her reassignment surgery, told me that the South Park show was entirely too accurate. Sex change “parts” rarely actually work after the 
“lop-off-ectomy” is changed into a vaginal pocket. The only thing sex change operations do is try to simply make a man resemble a woman via reassignment surgery, or vice versa. Thus, “passing” (looking like a woman) is a big issue for most reassignment surgery patients, running neck and neck with functionality of the man-made organ. Drunk and depressed each night well into her 60’s, he now a she, told me, “Hedwig’s Angry Little Inch is all they really give ya when going 
male to female. The whole affair is a dismal disappointment in reality. If you don’t continue the hormone shots, your muscles and bones ache from lack of the shots. That puts you in regular unbearable pain neuron-muscularly post-surgery. It’s expensive, and it’s a rare insurance plan that’ll cover those meds. If your lifestyle changes, and you can no longer afford ever after the replacement drugs that go with the surgery, you have to decide then about pain management. It’s all part of getting old, of course! For a long while I went over the border to Mexico to buy cheaper estrogen injections, for instance. Now two things have happened with age: my bank account is shallower and my priorities have matured, let’s say? In retrospect I wonder if I wouldn’t have done it, if I would have been happier in the long run just passing. I never really had any of the self-hate of my former sexual organs that some have. Then, I finally wound up a lesbian. I took on women lovers after I was reassigned female. And while passing used to be important to me – to mostly not be attacked by rednecks, I gave up on “passing” even after breast implants. But, everyone’s different, and that’s what has to be offered  —  a difference…
choices in how people manifest their sexual destiny.”



My sister Kerry delivered two healthy children at the Trinidad Hospital and went there for all family emergencies. Over her thirty-five years in Raton, Kerry was bitten by five rattlesnakes, four of which she was treated for in Trinidad. When hiking, she was bitten mostly when she was moving too quickly and scared the snake. Much to her lucky timing, she was always bitten by spring snakes whose venom was not yet lethal as they had just come out of hibernation and hadn’t reached full potency like fall snakes. The first bite happened when Kerry jumped off an outcropping of rocks. When she landed a few feet to the earth below, a young rattler popped out from under the rock ledge and struck her on the foot. The venomous snake had been curled up in the shade under the rocks before she suddenly disturbed it. Over the next thirty years of relentless hiking, each subsequent bite went similarly with spring rattlers until Kerry finally was bitten a fifth time by a big bull rattler, an old August snake of full potency.

Kerry bent down to pick up her little dog, which had been running in tall grass. The dog smelled the rattler and started acting erratically in trying to avoid the snake. Kerry bent down to grab the dog when the biggest bull rattler she’d ever seen popped her hard on the hand, which by then she had wrapped around her dog’s belly. She said the rattler strike knocked the dog out of her hand, then she felt the heavy writhing weight of the adult snake as she stood, shaking his embedded fangs from the bones of her hand. She told me how, for a second, she got a look into the pupils of his eyes, which dilated and contracted as she could feel it thrust venom into her.

Her first thought after applying what first aid she could to herself, was to try and make it to her family hospital in Trinidad where she’d delivered both her children. First, she had a 30-minute drive north to Raton. It would be another 30 minutes on to Trinidad from there. Instead, she settled for Miner’s Hospital in Raton, just a quick 100-yard dash from her home. Oddly, she felt okay even 40 minutes after the bite.

Unfortunately, without her health chart from the hospital in Trinidad, no one at Raton’s Miner’s Hospital knew Kerry had been bitten four times previously by spring rattlers. Those four spring rattlers had sufficiently and naturally inoculated her in a strange sort of accidental way, making her immune to rattlesnake bites altogether. Trouble was, even though Kerry showed no ill symptoms, the anti-venom shot had already been administered before her family arrived to educate staff as to Kerry’s previous rattler-bite history.

The 
anti-venom nearly killed her. Poor Kerry. She suffered the effects of hives from the unnecessary anti-venom everywhere on and (most painfully where she could not scratch) inside her body. After quite a few days’ recovery I knew she’d make it when she joked over the phone from the hospital that she had insufferable hives in internal places where she didn’t know she had places; somewhat wishing after all that she had chosen the sex change hospital in Trinidad for the correct medical implements.

 

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