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Mendocino County Today: July 10, 2013

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AS PREVIOUSLY REPORTED, The County Of Mendocino (and Auditor Controller Meredith Ford acting in her official capacity), is being sued by the cities of Ukiah, Fort Bragg and Willits. All counties in California charge a Property Tax Administration Fee (PTAF) for collecting the property tax owed to cities and special districts. In 2004, the State Legislature, as part of it annual budget flim flam, adopted two programs called “the Triple Flip” and the “VLF Swap” which had the unintended consequence of putting cities and counties at odds with each other.

THE TRIPLE FLIP, in a series of moves that would make a riverboat gambler blush, diverted local sales tax dollars to pay bonds that were issued to pay off the state’s structural deficit; re-directed school property tax revenue from the Education Revenue Augmentation Fund (ERAF) back to cities and counties to make up for the loss of local sales tax; and made up for the loss to schools of ERAF funds by backfilling from the state General Fund. The VLF Swap reduced Vehicle License Fee (VLF) revenue to cities and counties and once again the state redirected property tax revenue from ERAF back to the cities and counties.

THE NET RESULT was that the cities (and counties) were receiving considerably more revenue from property tax than previously, although much of the increase was in lieu of local sales tax and VLF. The state also said the counties could not charge additional PTAF for the first two years of implementing the new programs. Starting in 2006-07 most counties began charging additional PTAF based on guidelines issued by the State Auditor’s Association. Because the funds diverted from ERAF were from property tax, the guidelines treated them like property tax and charged PTAF accordingly. A group of cities sued L.A. County alleging they were being overcharged. Cities and counties around the state agreed to hold off on additional legislation until the L.A. case was resolved. The trial court sided with the county, but the appellate court ruled that the counties had been miscalculating the PTAF. In November the State Supreme Court agreed that the cities had been overcharged.

CITIES & COUNTIES around the state are negotiating agreements to refund the amounts overcharged, but despite its reputation for love and peace, things are seldom so simple here in Mendoland. In addition to the law suit, the city councils of Fort Bragg and Ukiah have also written public letters to the County Board of Supervisors complaining that for years they have had to fight off state attempts to take “their” money and now the County is doing the same thing. So nine years ago the State Legislature engaged in its usual budgetary sleight of hand and now the cities and counties are left squabbling over the crumbs. The cities say in their lawsuit that they had to sue because the county was not coming to terms, but reliable sources say that discussions were already underway. In fact, the AVA has learned that the City of Willits has already reached a compromise settlement with the county. The item was considered in closed session by the County at a special meeting on Monday but no action was reported out of closed session.

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DANIEL HAMBURG v. MENDOCINO COUNTY was also a subject of the special meeting closed session, but again, no action was reported to have been taken. Hamburg is sueing the County for alleged violations of his “fundamental rights of Liberty, Property, Safety, Happiness and Privacy, Due Process of Law; Equal Protection of Law; and Civil Rights.” Hamburg is seeking an order from the Court directing Mendocino County to issue a burial certificate and death certificate for his disceased wife, Carrie, and is also seeking in excess of $10,000 in legal fees as of June 10, the date of the filing. Most people agree that state law needs to be updated to free our dead from the greed based strictures imposed by the death industry, but it is unseemly for a sitting supervisor, and chair of the board, no less, to be suing the county he represents. Oddly enough, Hamburg’s own lawsuit cites two examples (Jay Baker in Gualala and the Tebbuts family in Anderson Valley) where petitions were filed with the local Superior Court requesting the right to private burial. Both petitions were granted the same day they were filed. Speculation is that Hamburg is getting bad legal advice since the case would be over if he had simply filed a petition with the court instead of suing the County. And if the local judges, notoriously shy of getting embroiled in local controversy, pass the buck, Hamburg can rely on his old pal, visiting Judge Kossow, to sign off on the petition

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ShahabGhafarisaraviI KNOW ETHNIC identifications can be sensitive, but either this guy is an extremely disoriented Mexican or he’s an extremely disoriented Arab. But Mr. Ghafarisaravi says he’s Hispanic, and he oughtta know.

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“SHORTLY before noon Monday, a trench on the Holmes Ranch near Philo caved in, injuring a man. No details yet.” That was all we had yesterday. Further investigation reveals the site as the Duckhorn vineyard pond under construction in the hills due east of Floodgate near Navarro. A workman was standing on the lip of a trench when it gave way, burying him. A man working nearby saw what had happened and quickly managed to pull away enough earth for the buried man to breathe as equipment operators also on site began extracting the victim, a process later described by one witness as “a textbook trench rescue.” The rescued worker, still not identified, and may be from the out-of-area construction firm doing the work, never lost consciousness. Although he seems to have suffered an injury to his leg, the man is expected to fully recover, if one ever fully recovers from being buried alive.

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PETE’S SOLAR (aka Advance Power Inc. of Calpella) has made Boonville an offer Boonville (and Mendocino County) would be nuts to refuse. He has offered to install, free, a solarized power system at the County Fairgrounds. Needless to say, solarized power would save our financially precarious Mendocino County Fair a very large amount on its monthly power bill. We’ve passed this enormously generous offer on to Fair Manager Jim Brown and to Morgan Baynham of the Fair Board. Also known as Advance Power, Pete’s is based on deep North State Street, Ukiah, Mendocino County’s oldest and, in our opinion, most reliable solar power company.

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ANDERSON VALLEY HIGH SCHOOL, a look back. As a victim of American public schools my knowledge of the world is hazy at best. In algebra class I learned the sacred geometries of chalking the baseball foul lines and putting hash marks on the football field. In physics and chemistry some arcane bit of knowledge was surely gleaned from the astute Steve McKay, if only by genial osmosis. At some critical moment in life, like trying to pay for gas by the liter in a Swedish town taken over by ruffians and Burning Man casualties, perhaps Steve’s good natured patience will manifest, and I will be slightly and not completely confused. A fond memory from Steve’s class was the day when a hand-written love letter from a popular 9th grade girl to her female teacher/mentor/choreographer/lover was discovered on the floor. Surrendering to our desperate pleas for transparency and pre-Homeland Security eavesdropping, Steve read the first page like the narrator from Masterpiece Theater. The missive was the standard adolescent “I can’t live without you. Your lips are like plums that should stay in the icebox to chill. When you stand in front of the chalkboard sometimes I dream that I am the eraser, and also that I am a magic kind of chalk that lasts forever plus some more, a pink chunk of literary combustion that leaves poetic symbols that scream without raising its voice: I am a Panther, but my claws are tender hooks of scratch-worship designed to make you purr. And also for ripping the young throats of any losers who disapprove of God’s merciful rope as it binds my wrists and ankles to the pommel horse hidden behind the stage curtains in the gym. The ball gag is a caring touch. To feel your tenured mouth on my triple flip dismount is to know the techniques of the great East German gymnasts, in the days before gender testing and when the more respected coaches had handle-bar mustaches and synthetic trousers that made a hopeless romantic dream of the day when the curtain separating our Cold War love would turn from cold iron to tight but soft lycra.” Steve blushed and put the letter away, though not without a chorus of boos and blushing croaks from titillated scholars. Another unforgettable moment in science class was the afternoon when two lunatics in full camo and armed with crossbows walked into the classroom. It was like Robin Hood meets Mall Cops. They had a neighborly question for Steve: could they use the high school lab to build explosives? Specifically, they needed dynamite to blow up stumps from a field they were clearing, though the true motive was likely something like taking out the Little River Inn or derailing the Skunk Train (which jumped the tracks years ago). Consulting his teachers’ union manual, Steve replied honestly: school property was for clandestine love affairs and making bongs, not weapons of mass destruction. The two archers were named Leonard Lake and Charles Ng, who would become two of California’s most loathsome (yet industrious) serial killers. Lake’s girlfriend at the time went by the name of Cricket, and managed the Philo Pottery Inn and was also a teacher’s aide. I don’t know if such visits are standard for other schools, but A.V. High in those days was anything but typical. In fact, you could call it an MK-ULTRA mind experiment designed to test the effects of rampant adult selfishness, serial killers, cherry lip gloss, Miller Lite, and the music of Hall and Oates on theoretically impressionable minds.

BESIDES Lake and Ng’s request for an independent study demolitions course, an even bigger mass murder named Jim Jones taught 4th grade in Boonville several years before my sentence began. But more lively were a couple of fun-loving Australian moonies, bleach-blond brothers who kept their socks full of grape bubble gum. The moonies were tough little bastards, as opposed to the Macintosh twins, who were tough giant bastards. The Aussies were about five feet tall and 105 pounds. Clayton and Richard Macintosh were about 6’4”, 250 as freshmen (and much larger now). One recess I watched in awe as the moonies ambushed one of the Macintoshes: one leaped onto the victim’s back and put the robust American into a platypus chokehold, while his brother fired out at the backs of Macintosh’s knees. Even with the element of surprise, Macintosh didn’t go down, managing to list and sway like a tall redwood feeling the first bite of a Pardini chainsaw. The Aussies threw everything they had, but it wasn’t enough, and nonchalantly took their beating. Gradually a teacher put down her burrito and coffee and restored order. Apparently it was a dispute over bubble gum. The Aussies felt unfairly taxed by Macintosh’s daily demands for a free piece. Or maybe they just did what Aussies do and sent the message: Down Under, matey. Get bloody used to it. (Next week: Bud Sloan, and why UK roundabouts are the devil’s spawn.) (—Z)

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MARK BAKER ASKS AMERICANS FOR HELP

Michigan levies $700,000 in fines against a small farmer and veteran for raising healthy hogs

After serving his country for 20 years in the military and ten years as a farmer, Mark Baker is “at the end of his rope” and is asking Americans for help.

Baker’s Green Acres is an idyllic, bio-diverse, sustainable farm in Marion, Michigan. Baker, his wife and his six children raise pastured poultry, grass-fed beef, goats and dairy, and a heritage breed of hogs called Mangalitsa.

In December of 2011, the Michigan Department of Natural Resources informed Baker that his hogs were an “invasive species of wild boar” that needed to be exterminated in order to protect wildlife and other farms.

The agency said he had until April of 2012 to destroy all of his pigs or else it would destroy them for him. Baker refused and filed a lawsuit asking for relief.

He was hoping to get his case heard that spring, but the state attorney general – who is acting as a prosecutor on DNR’s behalf – has been successful in stalling the trial until late this summer.

Fortunately the agency did not follow through on its promise to shoot Baker’s pigs. Unfortunately, it decided to levy $700,000 in fines against him last week for “harboring” them on his property.

That’s $10,000 per hog or per “violation” of the state’s Invasive Species Order.

As of Food Riot Radio’s interview with him last week, Baker had 67 hogs. The state was unaware when it issued the fine that he recently “put down” four hogs because he couldn’t afford to feed them.

Starving them out

When the state tried to get Baker’s trial pushed back to 2014, Baker wrote a letter to the judge saying he’d be out of business and homeless by then. His current trial date of August 27 has been a stretch for him.

He’s been feeding the hogs, without being allowed to sell their meat, for a year and a half now, which he says is extremely difficult because “these pigs eat a lot everyday.”

Normally at this time of year he’d be breeding the pigs in order to have more to sell, but he can’t now, because it would just make “more mouths to feed.”

Add $140,000 spent in legal fees so far to his lack of pork sales, and Baker says his family is on a very tight ship right now.

“My boys are butchering pigs today so we can get them in the freezer, and so they’re not out on the field, where they’ve got to have food,” Baker said. “The nature of pigs is if they see green grass on the other side of fence and they have nothing to eat on their side of the fence, they’re going to figure out a way to get through. We can’t allow a bunch of pigs to get out and get in our garden because that’s our food.”

Baker’s resorted to “scrounging” scrap food for them at local restaurants, but says they’re not getting what they need nutritionally.

“I’m not being fair to the animals…” he paused, voice cracking, “… but I didn’t think it would take this long.”

Had Baker known he’d have to wait a year and a half for a court hearing, he might’ve just killed the hogs in the beginning.

“But what I’m up against now is, if I kill all these pigs, number one, I’m doing what they wanted me to do, and number two, I’d lose my standing in court because I don’t have the animals.”’

Why the state’s stalling

Baker believes the reason the state has tried so hard to stall his hearing is because it doesn’t have a good defense for what it’s doing to him.

Baker argues that DNR wrote an intentionally ambiguous description of “feral” pigs in its Invasive Species Order, so it could use the law against any hog farmer it wanted to shut down.

“They’re saying any pig with a curly tail or a straight tail is an illegal pig … any pig with floppy ears or erect ears is an illegal pig,” he said. “I think they’re going to have a rough time with that testimony in court. That’s why they don’t want the case to move forward. They want to starve us out.”

“Basically they’re saying any type of pig outside of these confinement-style operations is illegal to have,” added Radio Host Brad “the Butcher” Jordan. “If you have a pig outside, you can’t have it.”

“Exactly,” Baker said.

Baker seeks to prove in court that it is “Big Ag” – especially the Michigan Pork Producers Association – that initiated the law classifying all non-CAFO pigs as a “feral” invasive species.

He believes big agribusiness sees the growing popularity of heritage-breed meat and poultry as a threat to their factory-farming model, and will stop at no end to eliminate the competition.

“If they can issue a declaratory ruling that says anything with a straight tail or curly tail is an illegal pig, and neither the governor, the legislature or the courts say ‘hey wait a minute,’ then what’s to stop them from issuing a declaratory ruling that says any cow that is brown is feral and must be disposed of, or any chicken that is not raised in a hen house is a feral chicken?”

“Industrial agriculture wants all the market share,” he added. “They want all the small farmers off the land, and they want to own the entire food production model.”

Baker asks for “ammunition”

“They’re putting me out on the street and they’re not blinking an eye about it,” Baker said. “I need American people to get fired up about this. And I need wealthy Americans to come alongside us and join our legal team, so we can start going after them [DNR officials] individually and putting them out on the street.”

Baker said there is much more at stake than his farm. “Our little pig thing is a microcosm of what’s going on nationally.” If we let Big Ag win, he said, it will be a grim future for our children and grandchildren. “We’re all in this together.”

“There are plenty of us [farmers] that are fighters, perpetual warriors, but we don’t have ammunition to put this fight on. So we’re looking to other Americans and saying please give us some ammunition, and that’s money, U.S. dollars. You can pray for me and pat me on the back and that’s great, but if I can’t pay lawyers to do their job, it doesn’t happen. And I’m at the end of my rope right now, and I need help. There it is – I need help.”

Please check out the Baker’s Green Acres website, watch the video of him and his family asking for help, donate to the cause, and don’t forget to “like” Food Riot Radio on Facebook.

(Brad Jordan hosts a podcast called Food Riot Radio where this article first appeared. He and his co-host Sara Burrows work to expose how a collusion between government, big agriculture, big pharma and big food has determined what ends up on our plates and offer ideas for how to fight back.)

(Courtesy, Activistpost.com)


Mendocino County Today: July 11, 2013

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ASSAULT WITH DEADLY WEAPON CHARGE ADDED TO DUI CASE

by Tiffany Revelle

The Mendocino County District Attorney’s Office is taking a novel approach in a misdemeanor DUI case where the defendant also faces a felony charge of assault with a deadly weapon after allegedly crashing through a neighbor’s fence and into the wall of a bedroom where an 8-year-old boy was sleeping.

The alleged weapon is a 2008 Toyota Camry driven by Joan E. Rainville, 53, the night of May 26, when she was arrested shortly before 9 p.m. on suspicion of driving under the influence, driving with a suspended license and driving without an ignition-interlock device.

“I’m not aware of a case where (the prosecution) has charged a DUI driver with assault with a vehicle — not where it’s just a DUI,” Rainville’s Ukiah defense attorney, Justin Petersen, said outside the courtroom where her preliminary hearing was postponed Tuesday.

The District Attorney’s Office opted to add the assault charge because, in part, the incident was her fifth known DUI in about 16 years, prosecutor Matt Hubley of the District Attorney’s Office said previously.

“An assault is an intent to commit battery,” Petersen said, “like when someone used a car to try to hurt someone else.”

District Attorney David Eyster, who approved the legal approach Hubley is taking in the case, said the prosecution doesn’t have to prove that Rainville meant to hurt anyone, just that she knew drinking and driving was dangerous when she chose to do it.

A DUI is a misdemeanor crime unless the incident injured someone, or the driver was convicted of three or more DUIs in the last ten years. No one was injured in the May incident, but Hubley elevated the whole case to the level of a felony by adding the assault charge.

He did so, according to Eyster, on the premise that Rainville was given the Watson advisement, a legal warning the court gives anyone convicted of a DUI. The advisement essentially says driving under the influence is “extremely dangerous to human life,” and that the driver could be convicted of murder if someone dies as a result.

Because Rainville was given the advisement, according to Eyster, she knew the danger of getting behind the wheel drunk. That, he said, indicates that she had “general intent,” meaning she chose to do something she knew could hurt someone.

In an assault with a deadly weapon case, the prosecution only needs to show that the defendant employed that willfulness, not that the defendant had a “specific intent” to commit assault, according to Eyster. He said the fact that Rainville had been given the Watson advisement several times shows the kind of intent needed to prove the charge.

“It’s a real stretch,” Petersen said of the prosecution’s approach, which was unusual enough that a representative of the Lake County District Attorney’s Office attended the Tuesday court hearing to see whether the strategy would fly in court.

“I applaud Matt and the other attorneys for seeing the danger she caused and dealing with this as more than a DUI,” Eyster said.

Rainville was due in court for a preliminary hearing, which is the district attorney’s chance to show a judge enough evidence to bind the defendant over for trial. The hearing was rescheduled for Aug. 6. (Courtesy, the Ukiah Daily Journal)

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BOARD OF SUPERVISORS TO TALK BUDGET IN FORT BRAGG — The Mendocino County Board of Supervisors has announced it will host a budget presentation from 10:30am to noon Friday at the Fort Bragg Town Hall. The presentation is the first in a series of five presentations to be given in each of the county’s five supervisorial districts before the annual county budget hearings begin Sept. 9, according to the Mendocino County Executive Office. The League of Women Voters of Mendocino County President Jane Person offered to sponsor the event, according to the Executive Office. “The League of Women voters of Mendocino County is happy to host this budget presentation as part of its educational outreach to help inform county voters,” she said. Fourth District Supervisor Dan Gjerde, whose district includes Fort Bragg, volunteered to have his district receive the first of the budget presentations. “In times when revenues are stagnant, the balanced budget represents an organization that is constantly looking for new ways to achieve its goals at lower costs,” Gjerde said. The presentation will include highlights of the county’s 2013-14 recommended budget, a “State of the County” update and items of interest in the 4th District.

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ANDERSON VALLEY FIRE CHIEF COLIN WILSON updates us on recent lightning, fires and major emergencies.

As I’m sure everyone noticed we had some major thunderstorm activity Monday night and Tuesday morning.

We established a command post at our Boonville station and contacted our volunteer lookouts (we now have 16) and began getting smoke reports a little before 10am Tuesday morning. The first fire was south of Highway 128 near the base of Haehl’s Grade about six miles east of Yorkville. It was a strike in a large fir tree which spread into the surrounding vegetation about 50 feet around the tree. Both CalFire Boonville engines and both of our Anderson Valley Yorkville units responded to the scene and with the help of our newest volunteer lookout, Ramone Avila on Ward Mountain, they were able to locate and access the fire relatively quickly. They laid hose and extinguished the ground fire in short order but had to remain on scene for several hours waiting for a timber faller provided by CalFire to arrive and put the tree on the ground where they could fully extinguish it.

Kyle Clark, AV firefighter/EMT and volunteer lookout reported our next fire in the Navarro drainage near Floodgate creek. The Howard Forest Hele-tac crew was the first on scene. They got a line around the quarter-acre fire and pretty well extinguished it with bucket drops from the copter. It took quite a while for our engine company from Boonville to gain access over the Mouse Pass Road and about an hour longer for the CalFire engine company to arrive since they came in through the Perry Gulch Ranch. They did some final mop up and departed around 8pm after ensuring there was no extension or rekindle.

We also chased a few smoke reports from Cold Springs Lookout which was staffed for several days by George Castagnola of Signal Ridge. There was a considerable amount of haze east and south of the tower for the first two days making it difficult to determine whether we had new fires in the area or not.

Surprisingly we have had no additional fires to date yet reported in the District but there’s still the very real possibility of “sleeper fires” smoldering in shady and or damp areas that may still be discovered in the next few days.

On Monday we were dispatched to a Medical Aid call for a person buried in a trench. This occurred at 2171 Hwy 128 just east of Floodgate at about noon. A construction crew was building a pond for a vineyard at that location and were in the process of constructing the “keyway” which is a deep wide trench cut under the levee and then filled with compacted dirt to seal the dam to the underlying soil. The uphill side of the cut gave way and slid into the trench burying a worker up to the top of his head. Fortunately a coworker saw the accident and was quickly able to expose the victim’s head enabling him to breath A small excavator and a backhoe were used by the construction crew to carefully free the victim who was then packaged by fire department personnel and carried to a helicopter landing zone that had been established nearby. The victim was transported by Reach medevac helicopter to Santa Rosa Memorial Hospital where he was treated and released later in the evening apparently without having sustained significant injury, which was quite surprising given the fact that he was partially buried for about 30 minutes.

The latest weather report is calling for more lightning activity tomorrow (Thursday) afternoon and evening. This event is supposed to have significant rain associated with it. As usual, it could miss us entirely or put us in the bull’s eye and the rainfall may or may not occur. In any event we should all be prepared and we will follow the normal protocols for lightning fire response. It’s helpful to have all our spotters reporting in to the our Boonville station with the available manpower and staffing for your stations if this event materializes.

Our volunteer lookouts have become a critical resource for these types of events and we will depend on them tomorrow to locate and direct us to any potential fires.

Keep your fingers crossed

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BAY AREA SERVICE WORKERS UP IN ARMS

Photoessay by David Bacon

Concession Workers Get Arrested at SF Giants Ballpark

Twelve AT&T Park concession workers were arrested, and another 50 were forcibly removed by police, in an act of civil disobedience on June 18, 2013. They sat down in front of one of the park’s most profitable concessions, Gilroy Garlic Fries, and prevented anyone from ordering food, while hundreds of supporters picketed outside the stadium. Concessions workers voted on May 13 to authorize a strike and a boycott of food and beverage concessions at the park. “We sent a clear message today to Centerplate and the Giants – that we have the power we need to win a fair contract,” said Billie Feliciano, a concessions worker at Giants games since 1978. Negotiations are at a standstill between Centerplate – the Giants’ subcontracted concessionaire – and the concession workers’ union, UNITE HERE Local 2. Workers are seeking job security through a successorship clause, along with fair wage increases and improved health care. Centerplate is proposing to severely limit access to healthcare, and to maintain a wage freeze for the last three years with a 25 cent raise for 2013 as well as another 25 cent raise for 2014. “Job security is really important to me and my family. I travel two hours to come and serve Giants fans,” said worker Anthony Wendlberger. Without successorship language, if the concession contract changes hands all the workers employed at the stands could lose their jobs.

Bacon1Workers picket outside the ballpark.

Bacon2Giants fans applaud when they see the workers sitting in.

bacon3Police warn the workers they’ll be arrested.

bacon4And then they arrest them.

bacon5UNITE HERE Local 2 President Mike Casey is taken to be booked.

Security Guards Fight for a Contract in SF, and Against Bad

Conditions at Google

In San Francisco, marches, civil disobedience and a threatened strike won a new contract for 5000 northern California security guards at the beginning of June. On June 6, nine officers and supporters were arrested after they sat in and blocked an intersection in downtown San Francisco at the height of the afternoon rush hour. One guard, Jerry Longoria, said, “I live in a single room occupancy place. I have no kitchen, no bathroom, and the neighborhood is so bad I can’t even go out at night. People like me who work for a living should be able to afford at least a one-bedroom apartment in a decent neighborhood.” The union, Stand for Security, the security division of United Service Workers West, SEIU, said the new agreement made gains in wages, healthcare, paid sick days and job protections. Meanwhile, in Mountain View, that same day security officers and supporters marched to the auditorium where the annual stockholders meeting of Google was being held. Two weeks later, the guards were back, this time with two busloads of participants from the Netroots Nation 2013 conference then taking place in San Jose. The security union protested the fact that Google uses a non-union contractor, Security Industry Specialists (SIS), which maintains conditions that make it hard for its employees to survive. One common complaint is that the company won’t give each guard enough hours to survive, and calls its system “flex time.” Lack of hours keeps the guards from qualifying for benefits and sick days.

bacon6Guards march through downtown San Francisco past the buildings where they work.

bacon7Police get ready to arrest demonstrators in the intersection at rush hour.

bacon8Guards cheer while their friends get arrested.

bacon9At Google guards demand more hours and treatment with respect.

bacon10They question why Google doesn’t take seriously its own slogan, “Don’t be evil.”

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CRAIG’S UNENDING JOURNEY

Warm spiritual greetings, Following my recent email detailing last Sunday in San Francisco, in which I spent a lot of the day in deep meditation in the older cavernous Catholic churches, I received thoughtful email responses from some of you. First off, I have no idea what the future holds, but I do know that we are all living on a spiritual battlefield in this world. I am seeking others for spiritual direct action, as opposed to just giving up in the face of a downwardly spiraling world in crisis. For the record, I do have a satisfactory spiritual life. I am NOT looking to realize that; I already have it. What I’ve been trying to do is find ways to respond to the stupidity and insanity of materialism, and the apparent failure of contemporary society to save itself from its own destruction. Therefore, I have been recommending “spiritual direct action”, because I have no other realistic answer to the global crisis. This includes prayer, which I asked others to do. This also includes going forth and performing effective rituals, street theater, silent group meditations, and particularly going to places such as Washington DC and engaging in these practices. Political protesting is not enough! I continue to seek others for effective spiritual direct action on the battlefield which we are all on. I appreciate an email which I received, urging me to “just do it”, and also some frank criticism in regard to my general behavior, straightforward advice suggesting that I take more individual responsibility for my well-being, and other messages urging me to to keep doing what I am doing. I am in my last week staying at the Berkeley downtown men’s shelter. I have enough money to travel. I have food stamps. What I do not have is others to do spiritual direct action with. If you understand that we are all living on a spiritual battleground right this moment, then please contact me. What do you want to do, beyond standard political protesting, signing petitions, and letter writing? I am ready to leave California, where the general population is focused on the success of animated movies, the financial flop of the remake of The Lone Ranger, a recent minor heat wave, and the future legal entanglements that same sex married couples will have if they get divorced. I’d love to return to the Washington D.C. area for spiritual direct action, but have nowhere to go to there. That’s where it hangs at the moment. Peace and love, Craig Louis Stehr Craig Louis Stehr Email: craigstehr@hushmail.com Mailing address: c/o NOSCW, P.O. Box 11406, Berkeley, CA 94712-2406

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EDITOR,

Maybe Bruce Bochy is short-tempered from all the flak over the Giant’s poor record recently, and maybe that’s why he yanked Matt Cain after only 2/3 of an inning on Wednesday. And maybe Cain is tired after years of quality pitching into the post-season or maybe he’s developing some physical anomalies that affect his control. But I don’t hear Kruk & Kuip or Rich Aurelia or the other pundits mention another possibility that I call the Zito Syndrome.

The Zito Syndrome occurs when an excellent pitcher who has proved himself early in his career receives a monster contract. Suddenly he is being paid ten times what he earned before, but he can’t pitch ten times better, because he is already at the top of his game. But he feels obliged to pitch ten times better, to justify the new pay, and because this is impossible, a mental dissonance is set up that interferes with his control. As his game degrades he feels even more unworthy of his salary and a vicious circle ensues.

Barry Zito was given a monster contract by the Giants and pitched badly for years afterwards. Only last season did he regain his natural abilities. Tim Lincecum was given a monster contract and immediately fell apart to the extent that he was demoted to middle relief. Only recently has he shown some return to his old form, striking out 10 against the Mets in Monday night’s endless snorathon I could not leave because the ferry would not leave. Now Cain, pitching poorly all season after receiving a monster contract, has hopefully hit bottom, but history shows that recovery from Zito Syndrome can be long and difficult.

We all hope that the Giants will snap out of their funk, that their pitchers will shake off their affliction with Zito Syndrome, and that they will give us a second half to remember! Go Giants!!!

Yours, J. Biro

ED NOTE: I was up in View for today’s bummer. There are signs of panic in the Giants camp. Signing a number one pick from yesteryear (Jeff Francoeur) on the hope that he’ll somehow hit again, bring in an aged singles hitter from Japan (Tanaka), keeping Brandon Belt in the lineup, the pitching in a state of collapse, Brandon Crawford with a sudden case of the bumbles, although he did drive in a run today. Two great plays by the Mets shortstop. It’s always major league baseball no matter who wins, and I’d pay at least ten bucks just to sit up top looking out at the water. Poor Cain. I’ve never seen him as bad as he was Wednesday, but I think Bochy was right in getting him outtathere. I thought it was a bad omen when I saw that Zack Wheeler was pitching for the Mets. Wasn’t he the guy the Giants traded away for a few months of Carlos Beltran? Wheeler duly mowed down his former comrades. Nice day though, east of VanNess. To the west the fog in all day Wednesday. I wonder if you saw Larry Ellison’s lego catamaran go by out on the Bay? On Tuesday New Zealand raced itself and won. Frisco’s been had big time by this so-called America’s cup, with major giveaways to Ellison and an event no one gives a hoot about. I say the boats should be wood and canvas, and the race out to the Farallones and back.

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Mr.&Mrs.Gaudin

Mr.&Mrs.Gaudin

SAN FRANCISCO GIANTS PITCHER CHAD GAUDIN has been charged with lewdness after allegedly groping a woman on a gurney in a Las Vegas hospital, the Las Vegas Review Journal reported Wednesday. Police arrested Gaudin on Jan. 27 at Desert Spring Hospital after a 4:30am incident. Police say Gaudin, who was drunk, approached a 23-year-old woman lying on a gurney in the emergency room lobby. According to the report, Gaudin touched the woman’s breast and face and told her she was “gorgeous.” A witness then heard Gaudin say to the woman, “I will take care of you, don’t worry about them.” A paramedic was unable to stop Gaudin and hospital security held down Gaudin until the police arrived. “I asked Gaudin several times how he ended up at the hospital and each time he told me that he didn’t know,” the officer wrote in the police report. “Gaudin appeared to be intoxicated. He had slurred speech, bloodshot eyes, trouble standing still, obeying commands, an odor of alcoholic beverages and couldn’t repeat his house number, where he lives, the same way twice in a row.” The Clark County District Attorney Office’s has charged Gaudin with open and gross lewdness, a misdemeanor, the paper said. The arrest was not publicized at the time. According to the San Francisco Giants media guide, Gaudin has been married since 2011 and has a young son. He lives in Henderson, Nevada.

UPDATE: Gaudin’s attorney, Dominic Gentile, has issued this statement on his client’s behalf: On January 27, 2013, Chad Gaudin was examined in the emergency room of a local hospital while experiencing symptoms believed to be related to acute renal failure due to a condition known as rhabdomyolysis. The symptoms included confusion, dehydration and loss of orientation and/or consciousness. Although he has been accused of improperly touching another hospital patient while on the premises that night, there are differing and exonerating versions of what occurred that have been reported by eyewitnesses. Mr. Gaudin denies any unlawful conduct and has been cooperating with the authorities. I am confident that this matter will be resolved in his favor and because it is pending in court there will be no further comment.

Gaudin & Wife at backyard party

Gaudin & Wife at backyard party

WIKIPEDIA: Rhabdomyolysis is a condition in which damaged skeletal muscle tissue breaks down rapidly. Breakdown products of damaged muscle cells are released into the bloodstream; some of these, such as the protein myoglobin, are harmful to the kidneys and may lead to kidney failure. The severity of the symptoms, which may include muscle pains, vomiting and confusion, depends on the extent of muscle damage and whether kidney failure develops. The muscle damage may be caused by physical factors (e.g. crush injury, strenuous exercise), medications, drug abuse, and infections. Some people have a hereditary muscle condition that increases the risk of rhabdomyolysis. The diagnosis is usually made with blood tests and urinalysis. The mainstay of treatment is generous quantities of intravenous fluids, but may include dialysis or hemofiltration in more severe cases.

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IT NOW COSTS $35 to camp at most state parks and the Department of Fish and Wildlife charges upwards of $45 for a fishing license, meaning a truly low cost rural adventure for persons of ordinary means is getting so expensive young families especially can’t afford it.

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ON JULY 5 WE WROTE: Long-time internet stalker Michael Hardesty, has been sending his nasty opinions to our website under the name Martin Zemitis, a successful Berkeley entrepreneur. For years, Hardesty wrote to us under various pseudonyms. At first, he’s more or less rational, insofar as your generic Randian nutball can be said to be rational. But soon, unable to contain himself, Hardesty’s racist and homophobic rants betray him and we cut him off. The Zemitis cover means that Hardesty, banned from newspaper websites throughout the Bay Area, in his desperation to vilify whole populations of people, has moved into identity theft. We apologize to Mr. Zemitis for any embarrassment he’s suffered from this lunatic appropriating his name.

LAST SATURDAY JULY 6 we received this letter from Mr. Hardesty:

Editor,

A friend just forwarded your latest libel.

First, I have never been banned from any newspaper or publication in the Bay Area. You printed this falsehood before with no specifics and I refuted it at the time. I have never had a problem getting my letters published in any venue in the Bay Area or elsewhere. In fact, I was never banned from the AVA. The last time I sent you a letter for publication in 2010 on the state elections it was published.

Second, nor have I ever written you under any other name. I know several people who have written you and you accuse them of being me! You are obviously off your rocker.

Third, I haven’t read the AVA for years for reasons that are apparent. You are a liar, a cheat, a thief and a libeler. I have absolutely no interest in you or the AVA. Period.

Fourth, I haven’t seen Martin Zemitis for several years. I broke off my friendship with him for entirely personal reasons, not political ones. He’s probably the sixth or seventh person you have falsely accused me of writing under his name. I will copy him here to set the record straight.

Fifth, when the national writers Union in 1996 forwarded my complaint about not being paid $300 for 12 lengthy op-eds written for the AVA, you lied and wrote them that I had only written letters to the editor! That I had, only a few dozen, but they were separate from my op-eds. I never expected to get paid for letters but did expect to get paid $25 a piece for the op-eds which was the standard fee at the time. (1992-93, 1994-5.) The NWU forwarded all 12 of my op-eds to you and you wisely chose not to respond.

Sixth, I don’t know what “racism” even means anymore. It appears to be a code word for brainless libs who which to evade the fact of growing black sociopathology. Some black conservatives like Thomas Sowell and Walter Williams have documented this almost ad infinitum. See LewRockwell.com.

Seventh, “homophobic” apparently means any person who does not subscribe to the misnamed “gay” agenda. That probably covers 98% of the people on this planet.

I have less than zero interest in the AVA or the cur­rent political scene.

You’re [sic] a_hole opinions on Ayn Rand mean nothing. Her 60 page speech, “This Is John Galt Speaking” in “Atlas Shrugged,” is more of an intellectual achievement than 99.99% of all the persons who have ever lived on our planet. Maybe the entire universe if there are other inhabited planets.

Now goodbye forever and I do not want to hear anything about you in the future. Nada. Zilch. Nothing. — Mike Hardesty, Berkeley

THE AVA REPLIED: Knock-knock. Who’s there? Hardesty. Hardesty who? Hardesty-Zemitis. PS. Op-eds? The AVA? From you? PPS. Your obsessions betray you every time, HZ. Give it up.

Mendocino County Today: July 12, 2013

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OUR CONGRESSMAN will be in Belvedere Saturday afternoon. Fresh off challenging his constituents to a photo contest, Mr. Irrelevant will join Nancy Pelosi at a billionaire’s home to raise money for Democrats. Democrats, as most of us know by now, are pretty much interchangeable with Republicans on the big issues.

THIS THING will cost you a thousand bucks to get in the door, so if you’re driving down from Laytonville better set a little aside for gas money to get back home. But if you chuck $32 thou at Nancy and Spike you’ll certainly be invited back. The Democrats are frantically collecting money to elect Hillary, a female version of Obama-Bush.

PELOSI was booed last month at a Demo get together in San Jose when she said, “Edward Snowden did violate the law in terms of releasing those documents. We have to have a balance between security and privacy.” She also said that “People on the far right are saying Oh, this is the fourth term of President Bush…. Absolutely, positively not so.”

THE FAR RIGHT said that? If any of them did then they’re more acute than we would have thought, Bush being their apotheosis guy.

NORM SOLOMON and several hundred disaffected Democrats will be demonstrating outside the event. They released this statement: “It’s unacceptable for the government to target the telephone records of journalists, or to vacuum up the phone-call records of hundreds of millions of Americans, or to capture and store everyone’s emails, or to jettison centuries-long principles of due process and habeas corpus.

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JournaloChart========================================================

OUR SUMMER INTERN, Mayte Guerrero, has completed a review of the Mendocino County Sheriff’s booking log for the first half of 2013. We suspected that a relative handful of chronic public drunks occupy a lot of police time. Ms. G found that over the period of six months (181 days) there were 417 arrests for 647(f), public intoxication, or about 2.3 arrests per day, or 16 such arrests per week. To get yourself arrested for public intoxication you have to be more than just drunk. You have to come to the attention of law enforcement. Our investigator has not attempted the more daunting task of trying to determine the amount of serious crime in which alcohol is the precipitating factor.

The winners:

top647fsNick Halvorsen, 11; Michael Donahe, 11; Charles Hensley, 9; Stacey Moddrelle, 9

Steven Rich, 8; Sam Sanchez, 7; Christopher Alexander, 5; John Bolton, 5

Everybody else was 4 or fewer 647(f) arrests in six months.

So only eight drunks accounted for almost 16% of those 417 arrests. Another way of calculating it is that every sixth public intoxication arrest is one of these eight drunks.

HERE’S AN IDEA: Let’s have Meredyth Reinhard of the Public Health Department circulate the booking photos of these eight drunks to all the liquor outlets in the County and tell them not to sell booze to them because they are a public nuisance. Further, let’s have Ms. Reinhard keep a list of drunks who are a nuisance and update and distribute it every six months. When someone goes a full six months without a 647(f), they can be removed from the list for as long as they’re 647(f)-free.

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ACCORDING to the UN Food and Agriculture Organization almost one-third of Mexican adults — 32.8% — are obese while 31.8 of Americans can fairly be described as fatsos. Egyptians are fatter than Mexicans and Americans, Kuwaitis are fatter yet, and an astounding 71.1% of the citizens of the Micronesian island, Nauru, are obese.

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IN NOVEMBER OF 1959, as a shocked American public was hit with the news that a number of their favorite quiz shows had in fact been rigged for some time, author John Steinbeck wrote the following letter to his friend, politician Adlai Stevenson, and spoke of his concern at such a morally bankrupt turn of events occurring in his increasingly gluttonous country.

(Source: America and Americans and Selected Nonfiction)

New York, 1959, Guy Fawkes Day

Dear Adlai,

Back from Camelot, and, reading the papers, not at all sure it was wise. Two first impressions. First, a creeping, all pervading nerve-gas of immorality which starts in the nursery and does not stop before it reaches the highest offices both corporate and governmental. Two, a nervous restlessness, a hunger, a thirst, a yearning for something unknown — perhaps morality. Then there’s the violence, cruelty and hypocrisy symptomatic of a people which has too much, and last, the surly ill-temper which only shows up in humans when they are frightened.

Adlai, do you remember two kinds of Christmases? There is one kind in a house where there is little and a present represents not only love but sacrifice. The one single package is opened with a kind of slow wonder, almost reverence. Once I gave my youngest boy, who loves all living things, a dwarf, peach-faced parrot for Christmas. He removed the paper and then retreated a little shyly and looked at the little bird for a long time. And finally he said in a whisper, “Now who would have ever thought that I would have a peach-faced parrot?”

Then there is the other kind of Christmas with presents piled high, the gifts of guilty parents as bribes because they have nothing else to give. The wrappings are ripped off and the presents thrown down and at the end the child says— “Is that all?” Well, it seems to me that America now is like that second kind of Christmas. Having too many THINGS they spend their hours and money on the couch searching for a soul. A strange species we are. We can stand anything God and nature can throw at us save only plenty. If I wanted to destroy a nation, I would give it too much and would have it on its knees, miserable, greedy and sick. And then I think of our “Daily” in Somerset, who served your lunch. She made a teddy bear with her own hands for our grandchild. Made it out of an old bath towel dyed brown and it is beautiful. She said, “Sometimes when I have a bit of rabbit fur, they come out lovelier.” Now there is a present. And that obviously male teddy bear is going to be called for all time MIZ Hicks.

When I left Bruton, I checked out with Officer ‘Arris, the lone policeman who kept the peace in five villages, unarmed and on a bicycle. He had been very kind to us and I took him a bottle of Bourbon whiskey. But I felt it necessary to say— “It’s a touch of Christmas cheer, officer, and you can’t consider it a bribe because I don’t want anything and I am going away…” He blushed and said, “Thank you, sir, but there was no need.” To which I replied— “If there had been, I would not have brought it.”

JohnSteinbeckMainly, Adlai, I am troubled by the cynical immorality of my country. I do not think it can survive on this basis and unless some kind of catastrophe strikes us, we are lost. But by our very attitudes we are drawing catastrophe to ourselves. What we have beaten in nature, we cannot conquer in ourselves.

Someone has to reinspect our system and that soon. We can’t expect to raise our children to be good and honorable men when the city, the state, the government, the corporations all offer higher rewards for chicanery and deceit than probity and truth. On all levels it is rigged, Adlai. Maybe nothing can be done about it, but I am stupid enough and naively hopeful enough to want to try. How about you?

Yours, John

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THE ALBION LITTLE RIVER Fire Protection District & the Albion Little River Fire Auxiliary present our 52nd annual BBQ and fundraiser. Come join us at the Little River fairgrounds by the airport Saturday, July 13, 12-5 pm. $15 Adult, $10 ages 6-11, under 6 free. We will be serving beef tri-tip, smoked chicken and vegan tamales. Enjoy good food and live music throughout the afternoon. We’ve got lots of new firefighters — come meet us! Spend the day with family and friends and support your Local Fire Department. Featuring Music with the: The Groovenators Stellar Baby including Jon Faurot, Butch Kwan, Buddy Stubbs, John Smith, & Steven Bates Solos by Jon and possibly Steven Three on the Tree Additionally: – Display of classic cars and hot rods! – Display of CalStar & REACH air service vehicles, including the newest EC135 REACH helicopter There will be children’s activities, so bring the kids! Kids’ area with games, prizes, bounce house, & Smokey! Save the date! Mark your calendars now! *Locally baked desserts are needed to sell at the dessert booth. Please bring your goodies the day of the BBQ.* If you can’t attend but still want to support us, consider joining the Fire Auxiliary. Monthly meetings are held the third Tuesday of every month at 7 pm at the fire station behind the Albion Grocery. We look forward to seeing you – — Scott Roat

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ADAPTING TO WATER SCARCITY — Please join Sanctuary Forest on Saturday, July 20th for the Adapting to Water Scarcity: Business, Home & Garden hike. Hike leaders Joseph Cook, Tasha McKee and Larry Ogden will take participants on a walking-tour of gardens, homesteads and farms in the upper Mattole watershed—exploring a variety of techniques to reduce water use, including no-till gardening, agricultural ponds and groundwater recharge ponds. Hikers will see first hand how some local homesteaders are adapting to water scarcity, and be able to learn some of their water-saving techniques. Bring a lunch and water and wear sturdy shoes. We will meet at the Sanctuary Forest office in Whitethorn at 10 a.m., and the hike should be over by 2:30 p.m. This hike is free of charge, though donations are gladly accepted and help Sanctuary Forest to 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!

Support 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.

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Please join Sanctuary Forest on Thursday, July 18th at the Garberville Theater to see mind-blowing entertainer Brad Barton, Reality Thief. His blend of magic, humor, and mind reading is a unique and unforgettable experience as he predicts your dreams, causes borrowed objects to levitate, and reveals your most cherished memories.

Doors will open at 6 p.m. and show at 7 p.m. Cocktails, prosecco, beer, wine and an assortment of Asian appetizers available for purchase. Recommend for those 10 years of age and up. Admission is $15 at the door. All proceeds will go to Sanctuary Forest to support the restoration and conservation of the Mattole River watershed and surrounding areas.

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.

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EVERYONE IS WELCOME at the Manchester School Alumni Association’s 3rd Annual BBQ Benefit on Saturday, July 20. The celebration starts at 1pm until 8pm, at the Greco Field Farm Center, on Highway One in Manchester. This event will support educational programs at Manchester School. Enjoy Tri-Trip and Chicken BBQ with all the fixin’s, Full Bar by Knights of Columbus, Dessert Auction, Silent Auction, Children’s Games, Horseshoe Tournament, and more! Entertainment by Old Stage, Fast Company & Dj Sister Yasmin. Pre-sale Tickets: Adults $12, Children 6-12: $5 Tickets at the Gate: Adults $15, Children 6-12: $6 Sponsors: $50 or more gets you 2 free meal tickets To order pre-sale tickets, volunteer or sponsor call Cindy at 877-1676 or 884-1828.

Mendocino County Today: July 13, 2013

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AS MANY of the worst men in the world assemble at Bohemian Grove, and the 
Press Democrat gazes, awestruck, from the prone position the paper instinctively assumes in the presence of power, Cody 
Fincher accurately describes how the titans of free enterprise pass their hours beside the Russian River: “What activities take place at 
the grove? The grove is the site of a two week retreat every July (as well
 as other smaller get-togethers throughout the year). At these retreats,
 the members commune with nature in a truly original way. They drink
 heavily from morning through the night, bask in their freedom to urinate
 on the redwoods, and perform pagan rituals (including the ‘Cremation of 
Care,’ in which the members wearing red-hooded robes, cremate a coffin 
effigy of ‘Dull Care’ at the base of a 40-foot owl altar). Some (20%) 
engage in homosexual activity (but few of them support gay rights or AIDS
 research). They watch (and participate in) plays and comedy shows in which 
women are portrayed by male actors. Although women are not allowed in the
 Grove, members often leave at night to enjoy the company of the many 
prostitutes who canoe across the Russian River to service their majesties.”

CHRIS SMITH of the PD wrote: “The splitters at the Bohos’ gate
 — The funniest movie scene ever? Maybe in ‘Life of Brian,’ when insurgents
 with the People’s Front of Judea scoff at ‘Splitters!’ — their rivals within 
the Judean People’s Front and the Popular Front of Judea. It comes to 
mind because a group rallying a protest Saturday at the Bohemian Grove
 Encampment calls itself the Bohemian Grove Action and Resistance Network,
 and Mary Moore is not amused. She’s the veteran activist who three
 decades ago co-founded the Bohemian Grove Action Network (BGAN). It
 organized many demonstrations at the gate of the men-only midsummer
 retreat at the Bohemian Club of San Francisco’s vast redwood camp near 
Monte Rio. Moore’s point has been that the public should know who’s 
inside the grove and what’s said at the Lakeside Talks because many of the
 men of the encampment are influential and the talks can float ideas that 
become policy of national or global importance. Moore doesn’t know what 
the Bohemian Grove Action and Resistance Network believes or what the 
point of a demonstration Saturday, if it happens, will be. But she’s not 
protesting this year and she wouldn’t want anyone thinking BGARN is BGAN.”

MARY MOORE WRITES: “This is short but Smith makes the point in his column yesterday. 
Everyone has the right to protest anywhere for anything. They don’t have 
the right to appropriate the name of another group who has been around for
 33 years exposing the ‘good old boys’ network right here in our backyard.
 For the past decade when national nut case Alex Jones got inside Boho
 Grove. the right wing loony tunes have used our hard work and energy to 
latch onto any media attention garnered by our efforts. Our point has 
always been to expose the effect of these men’s actions (exposed by hard
 research and their daily Lakeside Talks) on the outside world (us), NOT 
what they are alleged to be doing inside their encampment. Many of these
 theories are just plain crazy and reflect badly on the intelligence of 
those making them. This is just the latest effort by an Alex Jones
 follower. BGAN is organizing no protests this year — that doesn’t mean 
people can’t do it on their own. But trying to latch on to the credibility 
of someone else’s name doesn’t show a lot of creativity, integrity or 
responsibility. Thanks to Steve for sending this and to Chris Smith for
 pointing it out.

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WE’RE RE-ASSESSING recent Hamburg-related events, specifically our
 assumption that the supervisor set in motion the transfer of his troubled
 son, Matthew, from the County Jail to a Yuba City psychiatric facility. It 
now seems clear that the County Counsel’s office and the County’s Mental
 Health Department made the move without Supervisor Hamburg’s knowledge.
 County Counsel and Mental Health, acting on their own authority, brought 
off the end-around the usual processes by which a person, any person, is
 found mentally incompetent to defend himself and is declared so by the 
court. County Counsel and Mental Health simply ignored the court part of 
the process. And because everyone involved was a Hamburg partisan we made
 the false assumption Hamburg had been the shot caller. We don’t think he was. At a minimum, this
 episode ought to earn County Counsel a big reprimand.

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ENVISIONING DISASTER. We agree with all the people who consider the
 Willits Bypass a huge boondoggle that won’t even partially reduce through 
traffic in Willits. We also see the two-lane viaduct as an elevated
 version of “mile marker 22” on Highway 20, the busy two-lane obstacle
 course linking Willits and Fort Bragg. Every time there’s an accident of 20 many of us think of mm 22, where there’s been plenty of them on even the clearest of daylit days. Imagine one of those tule fog
 mornings in the Willits Valley, and imagine visibility on the viaduct with
 big rigs hurtling both directions with no lane divider between them. 
Highway 20 is thirty miles of Mojave runway in comparison.

COUPLA other Bypass shots while we’re at it: Screaming obscenities at the
 cops is really, really stupid in the most infantile sense of “stupid.” And really, really counter-productive, not 
to mention a violation of the so-called vow to remain non-violent. It was
 bad enough for the opposition to the Bypass when that one psycho threw his bucket of
 waste at the CHP guys removing him from the tree, but if you’re trying to
 influence public opinion as to the folly of this demonstrably crazy
 Caltrans project by acting like mental patients yourself, you’re defeating your own hazy purpose.

AND WHAT’S with the rumor being circulated by some protesters that Caltrans is 
stockpiling dirt on East Side Road to give to the Sherwood Rancheria for 
their housing project in exchange for the Indians shutting up about tribal 
artifacts along the bypass route. Where’s the evidence for that? Caltrans
 says the soil will help restore the blitzed areas around the Bypass 
when (and if) the project is completed. We believe Caltrans on this one.

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ME ME ME ME MEEEEEEEEEEEEEE!

To the Editor:

I have a bittersweet announcement to make. I will be resigning from the 
city council. I have accepted a full time position in Monterey County
 working as an analyst for the Local Agency Formation Commission (LAFCo). I 
plan to serve through August 16th.
It has been my privilege to sit on this dais on behalf of the residents of 
the City of Ukiah since 2002, 11 years. My work with the City of Ukiah has 
been a gift. It has changed my life, shaped my thinking, and caused me to 
grow in countless ways, both personally and professionally. My time in 
public service has expanded my appreciation for our system of government,
 especially at the local level. The range of services that Ukiah Valley
 residents enjoy and depend on as a result of the hard work and dedication 
of City staff goes largely unrecognized by the general public, and used to 
be a mystery to me as well, but it is expansive and impressive. In 
addition, my work on the city council has led me down paths that I never 
would have explored: I served on the boards of directors of the League of
 California Cities Mendocino Transit Authority, Mendocino Council of
 Governments, and LAFCo, and made personal connections with professionals 
in fields as diverse as green building, hydrology, and the arts, just to
 name a few. And now my work with city council is leading me down a new
 career path. I will be applying long-honed skills of researching and
 writing to problems at the intersection of land use and government, which
 I find very interesting. 
I want to acknowledge these countless gifts and thank the public for
 supporting me and enabling me to be forever enriched by the experience of 
serving you.

Mari Rodin, Councilmember, 
Ukiah

ED NOTE: Uh, excuse me, Ms. Rodin, but I think “dais” may be a clue here. Could it be that the narcissism you suffer has its roots in your (and Mendolib’s generally) conflation with yourself and royalty?

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DEAR EDITOR,

I have recently begun to hear a number of rumors about a policy adopted by the Mendocino County District Attorney’s Office which is referred to as the “Knock and Pay Policy”. I have been told that persons who are accused of certain crimes in Mendocino County are given an option of making a payment to the District Attorney’s office instead of or in lieu of having a prosecution commenced against that person. I spoke to Mr. Eyster about this policy after I began to hear rumors and he confirmed that the District Attorney’s Office is collecting funds from persons accused of some crimes and that his office has been disbursing those funds to school districts and law enforcement agencies in the county, but the occasion did not lend itself to further conversations about the matter. Therefore, I don’t know the details of this program.

I wrote to the District Attorney some months ago requesting more information about this policy but my letter went unanswered. I sent a follow up letter but it too went unanswered. I then called Mr. Eyster and Mr. Geniella, his public affairs officer, and neither of them returned my calls

As a citizen and lifelong resident of Mendocino County and as a person who is proud to call myself a Mendocinian I am concerned about this program. It is not clear to me if the persons who are making such payments have been prosecuted or if the payments are made before any prosecution occurs or if the payments are to prevent the prosecution from occurring or if the payments are to buy the payor’s freedom. If the payments are to purchase freedom I, as a concerned citizen, am interested to know what the price of freedom is in Mendocino County these days and whether a poor Mexican laborer can buy his freedom or if this program is available only to the wealthiest of miscreants.

I hear all kinds of rumors. I have spoken to local lawyers and to some law enforcement officers. Some know of this program some don’t. I have spoken to a member of the Mendocino County Board of Supervisors who told me the Board doesn’t know the details of the program and don’t know where the money goes or how it is tracked.

I don’t know where the money goes, how it is tracked, how it is distributed, how the decisions to make a distribution is made, what statutory authority exists for the program or for the disbursal of the money received. I am concerned that an executive officer of our local government is exercising legislative authority in making the determinations about how to assess what appears to me to be a freedom tax, who is entitled to buy his freedom and who is not, when and to whom the money is to be disbursed and for what purposes. I am concerned that the citizens of Mendocino County seem to have no control over these sum, don’t know how much is being collected or any of the other important details of the program. I am concerned that the citizens of Mendocino County don’t seem to have any way of influencing this policy or the way the moneies derived from this policy are used.

I think there is a lot to worry about when it comes to this program. I may be wrong but I don’t have enough information to know that. Therefore, on July 11. 2013 I submitted a California Public Records Act Request pursuant to Government Code Section 6260 et. seq. seeking information about this policy. (I have copied that request below.) If you agree with me I would like you to send a letter to the District Attorney telling him you want all of the details of this program made public. His address is David Eyester, District Attorney of Mendocino County, Courthouse, 100 North State Street, Ukiah, CA 95482.

Thomas F. Johnson

California Public Records Act Request / Government Code Section 6250 et seq

From: Thomas F. Johnson, PO Box 828. Redwood Valley CA 95470. 707-485-1196

TO: DAVID EYSTER, DISTRICT ATTORNEY, MENDOCINO COUNTY COURTHOUSE, UKIAH CA 95482

Dave,

I would much prefer to have resolved my concerns by private conversations or correspondence with you but I sent the original request for this information months ago and I received no response. I then sent a follow up request and I received no response. Then I called and left a message on your telephone voice mail at your office and I received no response. I then called Mike Geniella and left a message on his voice mail and I received no response. Therefore,

Please accept this request for Public Records pursuant to Government Code Section 6250 et. seq. for the following public records:

As referred to in this request the phrase “the defined public offenses” shall mean any violation or alleged violation of any law relating to marijuana or any other illegal or legal drug, and shall include but shall not be limited to, the growing of, the cultivation of, the possession of, the possession for sale of, the transportation of, or the sale of or purchase of marijuana or any other illegal drug or legal drug in an illegal manner.

This request does not include a request for information about fines or penalties or court ordered restitution paid at the direction of the Superior Court as a consequence of a conviction for a public offense.

This request does include a request for the following:

1. All documents and records of payments during 2009, 2010, 2011, 2012, 2013 paid by any person to the office of the District Attorney of Mendocino County when, at or about the time of the payment, such person was being investigated for a violation or an alleged violation of any of the defined public offenses and the payment was made by such person as a part of an agreement with the Mendocino County District Attorney’s office, including but not limited to, a agreement not to prosecute the person , or an agreement for diversion from prosecution, or as a part of a pre-plea agreement, or as a part of a plea agreement or as a part of a post-plea agreement.

2. All documents and records of payments during 2009, 2010, 2011, 2012, 2013 paid by any person to the office of the District Attorney of Mendocino County when, at or about the time of the payment, such person was being prosecuted by the District Attorney’s Office for a violation or alleged violation of any of the defined public offenses and the payment was made by such person as a part of an agreement with the Mendocino County District Attorney’s office, including but not limited to, an agreement not to continue the prosecution of the person , or an agreement for diversion from prosecution, or as a part of a pre-plea agreement, or as a part of a plea agreement or as a part of a post-plea agreement.

3. All documents and records of payments during 2009, 2010, 2011, 2012, 2013 and which were paid by any person to Mendocino County or any public agency other than the District Attorney’s Office when, at or about the time of the payment, such person was being investigated for a violation of or an alleged violation of any of the defined public offenses and the payment was made by such person as a part of an agreement with the Mendocino County District Attorney’s office, including but not limited to, a agreement not to prosecute the person , or an agreement for diversion from prosecution, or as a part of a pre-plea agreement, or as a part of a plea agreement or as a part of a post-plea agreement

4. All documents and records of such payments during 2009, 2010, 2011, 2012, 2013 paid by any person to Mendocino County or any other public agency other than the District Attorney’s Office when, at or about the time of the payment, such person was being prosecuted by the District Attorney’s Office for a violation of or an alleged violation of any of the defined public offenses and the payment was made by such person as a part of an agreement with the Mendocino County District Attorney’s office, including but not limited to, an agreement not to continue the prosecution of the person , or an agreement for diversion from prosecution, or as a part of a pre-plea agreement, or as a part of a plea agreement or as a part of a post-plea agreement.

5. All documents and records showing the deposit of those payments referred to above to a bank account and the name of the person or entity owning or controlling that account.

6. All documents and records showing disbursals of sums referred to above including but not limited to, the name of the person or entity to whom the disbursal was made, how much was so disbursed, when the disbursal was made, to which account the disbursal was deposited, for what purpose the disbursal was made.

7. All documents and records showing the policies and procedures of the Mendocino County District Attorney’s office relating to the process by which the Mendocino County District Attorney’s office obtains monetary payments from persons who have been accused of or any of the defined public offenses, but against whom a complaint or information or indictment has not been filed.

8. All documents and records showing the total amount collected by the District Attorney’s Office from persons referred to in request #7

9. All documents and records showing the policies and procedures of the Mendocino County District Attorney’s office relating to the process by which the Mendocino County District Attorney’s office obtains monetary payments from persons who have been prosecuted for any of the defined public offenses, and against whom a complaint or information or indictment has been filed.

10. All documents and records showing the total amount collected by the District Attorney’s Office from persons referred to in request #9 above.

11. All documents and records showing a) the names of people who have made such payments, b) the crimes they were being investigated for or charged with, c) disposition of their charges and d) the amounts they paid?

11. All documents and records relied upon by the District Attorney’s Office as statutory authority, case law authority or other authority which authorizes the District Attorney’s Office to collect such payments,

12. All documents and records relied upon by the District Attorney’s Office as statutory authority, case law authority or other authority which authorizes the District Attorney’s Office to disburse those funds.

13. All documents and records that show how the District Attorney’s Office determines the amounts of such payments.

14. All documents and records that show how the District Attorney’s Office determines who is eligible and who is not eligible to participate in such programs.

15. All documents and records that show how persons without the financial ability to make such payments can participate is such programs.

I look forward to your response in ten days as required by the Public Records Act.

Thomas F. Johnson, July 11, 2013

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PRISONER HUNGER STRIKE CONTINUES AT MASSIVE SCALE,

CDCR Lashes Out, Governor Remains Silent, Activists Plan Statewide Rally

Press Contact:   Isaac Ontiveros

Prisoner Hunger Strike Solidarity Coalition

Ph.  510.444.0484

Oakland—The CDCR declared the hunger strike of California prisoners to be a “mass disturbance” and a violation of state law on Thursday as hundreds across the state plan a large mobilization at Corcoran State Prison on Saturday, site of the one the state’s Security Housing Units (SHU) where prisoners are currently on strike. Advocates have expressed concern that the California Department of Corrections and Rehabilitation’s (CDCR) reaction to the strike will be to escalate the punishment and threats against the prisoners’ peaceful protest.   Prisoners and their supporters are urging the CDCR and Governor Jerry Brown to enter into honest and binding negation of their demands.  Limited contact with hunger strikers has found them to be in high spirits and aware of the strikes scale and outside support. Earlier this week Pelican Bay strike spokes people stated:  *We are grateful for your support of our peaceful protest against the state-sanctioned torture that happens not only here at Pelican Bay but in prisons everywhere.  We have taken up this hunger strike and work stoppage, which has included 30,000 prisoners in California so far, not only to improve our own conditions but also an act of solidarity with all prisoners and oppressed people around the world.*  “The prisoners are fighting for a restoration of their human rights by demanding an end to prolonged isolation, an end to group punishment, and the draconian policies that land them in isolation with little hope of getting out—along with access to programs and adequate food. “ Says Kamau Walton of the Prisoner Hunger Strike Solidarity Coalition. “These are the most basic demands and yet the CDCR continues to make threats. This is the response from a prison system that is on notice from the federal courts for an unconstitutional level of crowding and for inadequate medical care, a system that is now being investigated for sterilizing women prisoners against their will.  Change is inevitable, the question is whether the CDCR and governor are going to prolong needless suffering.”  CDCR has recognized 12,500 prisoners as hunger strikers.  While this number is lower than those reported earlier in the week, many have noted more prisoners are taking action than in 2011, and are prepared to risk retribution for maintaining their protest.  “People aren’t buying the vilification of the strikers,” says Dolores Canales, of the Prisoner Hunger Strike Solidarity Coalition, whose son is on strike in the Pelican Bay SHU. “These same prisoners have also called for an end to hostilities among racial groups inside.  They are also inspiring powerful activism outside the prisons. The strikers recognize that their unity will lead to successfully challenging their conditions. This unity, too, is feared by Gov. Brown and the CDCR.”  The strike has received widespread international news coverage, with both the LA Times and the San Francisco Chronicle printing editorials critical of the CDCR. Assembly member Tom Ammiano, chair of the Assembly Public Safety Committee, stated on Wednesday: “I join the protesters in urging prison officials to make more progress in establishing fair and humane policies in the prisons.” Governor Jerry Brown has remained completely silent on the issue.  *The Corcoran Rally will begin at 3pm on Saturday afternoon.  Loved ones of prisoners, advocates, lawyers, and former prisoners will be available for interviews throughout the day.

For more information visit: www.prisonerhungerstrikesolidarity.wordpress.com

LETTER OF THE DAY.

DAVID BELDEN WRITES: “About the hunger strike at prisons, it has long been recognized that extensive solitary confinement is as destructive to a human being as many types of physical torture, and in some cases more so. Keron Fletcher, a former British military psychiatrist who was on the receiving team for many hostages returned to the UK after solitary confinement and who followed them for years afterward, said that most survived their ordeal, though relationships, marriages and careers were often lost, but none saw solitary confinement as anything less than torture. So, if we call it torture when foreigners do it, please give it its proper name when Americans do it to Americans. The situation is even worse than this: It is primarily Americans of color who are suffering this torture.”

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ON JULY 6, we posted a note from John Sakowicz of Ukiah which read: “The City of Ukiah has noticed a Special Meeting on July 10, which will be a closed session with City Manager Jane Chambers and all department heads, presumably to talk about labor contract negotiations. Let us hope this will be the time that the City Council begins to deal with its $1 million structural deficit by cutting some of the 18 positions that were funded, in whole or in part, by the now-dissolved RDA.”

ON JULY 11, Ukiah City Councilman Doug Crane responded: “John, the closed session meeting was not with the department heads. It was with the city’s labor negotiator about the process, progress to date and instructions to proceed with the department heads bargaining unit. It was precisely about the Council expectation and instructions to the City labor negotiator to achieve the labor cost reductions that has so far been agreed to by the City manager. The reason for the labor cost reductions is to end general fund deficit spending. Labor cost approximate 70% of the general fund expenditures. The discussion of positions continues but is not part of the labor negotiations. I believe you sincerely want to help but going off half cocked does not help. Doug.”

DEAR EDITOR,

At the Ukiah City Council meeting on Wednesday, July 3, the Council responded to the Grand Jury report on capping the Vichy Springs landfill (agenda item 13-f). At that time, I heard City Public Works Director, Tim Eriksen, repeatedly say time and time again that he wished he didn’t have to cap the landfill site. He talked about seeking waivers from CalRecycle [formerly the California Waste Management Board-Ed]. He said he didn’t want to finally close the landfill by capping it, even though the landfill has been not been accepting refuse for 12 years.

Ericson’s insistent plea for a waiver at the meeting was echoed by City Councilmember Mari Rodin.

And now, in a front page story in the Ukiah Daily Journal on Friday, July 12, City Manager Jane Chambers has joined the chorus for not finally closing and capping the Vichy Springs landfill.

But let’s be clear. The City of Ukiah is out of compliance with state law, and it faces big fines and penalties. The Vichy Springs site was opened in 1954 and has not accepted refuse since September in 2001. However, it has not been permanently closed. It has not been capped. This is a violation of State regulations, Title 27, California Code of Regulations §21110-Time Frame for Closure.

Let’s be crystal clear about something else. The CalRecycle regulation requires permanent closure of the site within two years. CalRecycle, LEA (the local enforcement agency acting for CEQA), and the Water Board are all agencies charged with enforcement procedures and the authority to assess penalties, according to Public Resources Codes §45000 and §45023.

Making matters worse, the landfill sits on a web of earthquake faults and in a watershed area. The toxins locked inside the landfill could pop open like a pus explosion in an infected abscess at any given time. The Vichy Springs landfill, incidentally, is built into a hillside, which is not the most stable geology for a landfill. So, let’s pray we don’t get even a small earthquake tremor in the Vichy Springs area.

My problem with Eriksen, Rodin, and Chambers?

I would like to see the cash balance in the trust fund the City of Ukiah has set up used for finally closing the landfill.

Why?

I am beginning to suspect the money isn’t all there.

In fact, I would like to see the cash balances in all of the City’s enterprise funds. In other cities, these enterprise funds include: landfill maintenance special fund, municipal solid waste-landfill closure and post-closure trust fund, public utilities trust funds (electric, water, and sewer), building and safety enterprise fund, state sales tax set aside fund, affordable housing trust fund, health insurance fund, transportation trust fund, economic development fund, municipal services district fund, private-purpose trust fund, etc.

I would even go further.

If I were on the Ukiah City Council, I would very much like to undertake a total review of the City’s enterprise accounting system. This would include: water and sewer rate studies, an indirect cost analysis, a review of GASB 34 fixed assets, a review of the enterprise fund accounting systems, and a review of systems development charges (impact fees).

I have lost faith in the City of Ukiah.

Sincerely, John Sakowicz, Ukiah

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HANA DAHL, a young filmmaker from Mill Valley, writes: “Hello! Our Boontling video is finished and thought you might want to spread the word in Boonville. Wes Smoot and Rod DeWitt are the main interviews.

link:

http://www.youtube.com/watch?v=24EGayAWyzY

Mendocino County Today: July 14, 2013

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SpyRockMemoriesRECOMMENDED READING: “Spy Rock Memories” by Larry Livermore. The Mendocino County literary oeuvre is pretty thin, although there are lots of good writers in our beloved mother county. This book helps make up the deficit, and is the best thing I’ve read on the general subject of Back To The Land in that fraught decade — 1970-80 when the city had become so violent that thousands of people fled north where they bought logged over land in remote areas up and down the Northcoast and settled in, not knowing what hard work it is to carve out a homestead where there’s no developed water, let alone a power grid. Livermore was not your generic back-to-the-lander. A gifted writer, he describes in vivid detail his struggles to establishment himself in the infamous outlaw stronghold of deep Spy Rock, the wild outback northeast of Laytonville, establish himself on both the land and with his neighbors. While still a newcomer in a place where suspicion came with the primary occupation — marijuana production — Livermore began producing the pioneering zine, The Lookout, which instantly made him persona non grata with both his mountain neighbors — as pot growers they didn’t like the attention — and the residents of Laytonville, who didn’t like Livermore’s descriptions of their town as an unpromising collection of ramshackle buildings strewn haphazardly along 101 with a lot of ramshackle personalities to go with the architecture. Then he became famous, and then he became rich and famous. I knew Livermore was famous when a Boonville kid asked me if I knew Livermore. “Yup, known him for a long time. We’re good friends. He writes for my paper when the spirit moves him.” The kid looked at me with renewed respect. I had to tell him twice before he believed me. By that time Livermore had formed or managed a bunch of famous bands, including Green Day, which made him and them gadzillions. His pioneering zine, The Lookout, was nationally distributed. I have to admit that I still haven’t heard any of the music apart from an a-rhythmic ditty Livermore gave me many years ago called “Fuck You and Die,” to which, try as I might, I’ve never quite been able to dance to. But apart from his fascinating accounts of establishing his home above the snow line on Spy Rock, including some harrowing trips home by snowshoe, I found Livermore’s stories about how his zine grew and the genesis of his life as a music entrepreneur absolutely fascinating.

Livermore

Livermore

“Spy Rock Memories” will be of great interest to the thousands of people of the Northcoast who’ve carved out lives for themselves in the vast back country of Northern California, and of equivalent interest to the general reader who simply likes good stories well told. (http://larrylivermore.com/?p=2861)

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FRIDAY, TORI CAMPBELL, a long-time news reader at KTVU, went live at noon to announce the names of the Asiana pilots at the controls of Flight 214 as “Sum Ting Wong; Wi Tu Lo; Ho Lee Fuk; and Bang Ding Ow.”

KTVUPrankMS. CAMPBELL, even as she plowed phonetically on through the joke roster, remained oblivious that she and the station had been pranked. They thought they had a scoop and, as it turned out, they did after a fashion.

WHAT SEEMS to have happened is that KTVU received a call from a man — probably a man, this being a white guy kind of gag — alerting the station that he had the names of the pilots. The station duly called the National Transportation Safety Board where an “intern” confirmed that the joke names were indeed the true names of the pilots, which means not only had KTVU been pranked so had the NTSB, with Ms. Campbell as the fall guy (sic).

AS THE JOKE went viral and a global laugh went up we all wondered why nobody at KTVU caught it before the uncomprehending Ms. Campbell ran with it on the air.

MS. CAMPBELL soon issued an on-air statement that the names were wrong, but laying off KTVU’s gaffe on the “intern” at NTSB. The names, she sort of apologized, were “inaccurate and offensive” but had been “mistakenly confirmed” by the NTSB.

THE NTSB SAID “the intern had acted outside his authority” but had been “trying to be helpful.”

ADDING to the global hilarity, KTVU had just been promoting itself as “being first on air and on every platform in all aspects of our coverage (of the crash at SFO) was a great accomplishment, but being 100 percent accurate, effectively using our great sources and social media without putting a single piece of erroneous information on the air, is what we are most proud of as a newsroom.”

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LINDA WILLIAMS reports in the Willits News that “California River Watch has filed a claim with the City of Willits threatening to sue the city in federal court. The city has 60 days from June 21 to remedy the situation or be sued.”

IF WILLITS again succumbs to this shakedown it will be the third time Jack Silver has gotten over on The Gateway to the Redwood Empire.

WE’VE WRITTEN ENDLESSLY about this character and his bogus non-profit, California River Watch. Here’s how it works: Silver finds a technical violation of the federal Clean Water Act. (I’ve long suspected he’s got a tipster in the State Water Agency). Then he fires off a letter to the alleged offender threatening to sue for lots of money but, he says, “Show me you’re trying and send me some good faith money and I won’t take you to court.” Municipalities usually pay up because it’s cheaper to pay Silver to go away then go into court against him.

SILVER has pulled this neat bit of extortion up and down the Northcoast. You name the town, that town has paid him off — Fortuna, Ukiah, Ferndale, and innumerable mom and pop businesses. He burned Willits for $40,000 in “attorney’s fees” back in 2002, and has alleged since that Willits’ sewage treatment plant “discharges raw sewage into gutters, canals, and storm drains connected to adjacent surface waters.” He got that information from the State, and how accurate it is, well, he makes it sound like it’s very serious and Willits is somehow tolerating it. Which Willits is not doing. None of Silver’s victims are deliberately out of compliance with the Clean Water Act.

AS MS. WILLIAMS reports, “The claim filed against Willits is nearly identical to the claim River Watch filed against the Central Contra Costa Sanitary District in April with the creek names changed and the specifics associated with the sewer system adjusted. In January, River Watch filed a claim against Mendocino County about the county’s storm water runoff into the Russian River. Some of the remedial measures requested were a dry-weather inspection of the piping, mapping of the storm water drain outfalls and requirements to mitigate construction site runoff. The county denied the claim and River Watch filed suit in federal court in March.”

BASED IN OCCIDENTAL in West Sonoma Couny, Silver is organized as a charity non-profit. His board of directors, when he incorporated in 1996, consisted of family members. His goal, he claims, “is to strengthen the ability of citizens to protect water quality in rivers, tributary watersheds, oceans, bays, wetlands, surface and groundwater in Northern California.” His goal, obviously, is to enrich himself by continuing to cash in on Water Quality Act loopholes accompanied by disproportionate fines that make it possible for Silver to exploit them.

A REVIEW BY THE WILLITS NEWS in 2011 “of its annual reports since 2003 showed River Watch received $1.61 million from legal settlements; $201,000 from grants and $97,000 in donations. During this same period it spent about $1.3 million in legal fees. The top year to date in settlements came in 2008 when River Watch received $831,000.”

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SF MIME TROUPE IN POINT ARENA — INVITES COMMUNITY TO A SCHMOOZE BEFOREHAND. The community is invited to a community potluck with the San Francisco Mime Troupe on Tuesday, July 16, at 7pm upstairs at the Odd Fellows Lodge in Point Arena. Please bring a dish and hang out with the troupe the night before they present “Oil & Water” at the Arena Theater (show is the next night, on Wednesday, July 17 — sponsor tickets still available and include reserved seating. Contact Shauna at shauna@arenatheater.org or 882-3272 for more info. Hope to see you there — blake more PS. Kids are welcome!

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GOODBYE WORLD

Hello everyone,

I want you to know that the Anderson Valley Education Foundation is sponsoring the Northern California Premier of the movie, “Goodbye World” at the Grange. The movie was filmed in the Anderson Valley and includes many local residents as extras. Please save the night of Friday, August 2nd. Doors will open at 5:30 for food and beverages with the screening at 7 pm. Following the showing, the director will hold a Q&A session. I hope you can come. Please forward this message to friends who may be interested. Tickets are $15 per adult and $7 for children 17 and under. Tickets are available at Laughing Dog Bookstore, All That Good Stuff, and Lemon’s Market. Funds raised from the event will help support the Education Foundation’s three primary activities: Summer Internships, Scholarships and Grants. Hope to see you there! — Dick Browning, Philo

GWmovieposter2

Mendocino County Today: July 15, 2013

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WILL PARRISH, ace eco-reporter for the AVA, was in court Friday where he learned that DA Eyster has filed “either 16 or 19 misdemeanor charges against me, including a separate ‘Unlawful Entry’ charge for every day I was on the boom. Each charge carries a maximum six month jail sentence. I opted not to waive my right to a speedy trial, so it’s all going to happen very quickly.”

PARRISH, in a rear guard effort to prevent the huge folly of the Willits Bypass, had strapped himself to Caltrans road building equipment.

PARRISH’S pre-trial hearing is set for July 22nd and a jury trial is on for August 5th. Omar Figueroa is representing Parrish, meaning Parrish’s trial won’t be a pushover for the DA’s office.

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YEARS AGO, DA Susan Massini charged me with every variation of disturbing the peace she could come up with, including making “a loud noise on a school campus” or something like that. Eyster prosecuted me, Vinceny “Queeg” Lechowick presided. Kind of. Eyster won. Kind of. The DA wanted more time for what amounted to a scuffle, but my attorney, the late great Karl Leipnik, working pro bono, got me off, kind of, with 35 days.

I CONSIDER that particular incarceration a victory in that it resulted in a major overhaul of the County Jail, beginning with the early release of a dozen or so inmates due to illegal overcrowding, which wasn’t the only illegal thing going on in there with the full knowledge of the Mendocino County Superior Court. All it took to get some remediation going was some outside publicity and an ad hoc writ to the court, signed by every inmate in the place, demanding that everyone play by the rules.

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THE MENDOCINO COMMUNITY NETWORK was last in the news when the Mendocino Unified School District tried to sell it off a few years ago, but no buyers appeared.

MCN been a money-loser since its inception by a cunning little fellow named Rennie Innis who got it going in the mid-90s using a 1992 NASA grant to the school district. As we’ve described in detail in previous articles, MCN was and is operating a private, commercial business under the auspices of a public school district, taking advantage of numerous direct and indirect school subsidies while marketing the private business as “good for the kids.”

A FEW YEARS after setting up MCN and paying himself and his assistant, Mitch Sprague, in the hundred thou range, Innis moved on to Hawaii. MCN was then taken over by Sprague.

MCN gets facilities, utilities, some staff, and financing, folded into the school’s overhead. We knew of at least three people who were unable to start or expand internet businesses in the 1990s on the Coast because they couldn’t compete with MCN’s subsidies.

IN ADDITION to its subsidized overhead, MCN has never paid any of the taxes that a commercial business has to pay — no property tax, no income tax, no business tax. So it came as no surprise that no commercial computer outfit would want to pick it up because if they did, they’d have a whole new stack of expenses on their books, and they’d have to pay taxes.

LAST WEEK Mitch Sprague, seeing MCN’s revenues heading faster and faster into the proverbial bit-bucket, announced to the Mendocino School Board that he was packing it in. Part of that announcement included a statement from Mendocino Unified Superintendent Jason Moore (who clearly has no idea of the true history of MCN) that MCN “has run a deficit for a while” — i.e., its entire existence if honest accounting had been applied.

SPRAGUE sees the email on the screen with the frowny faces and has thrown in his towel. We’re now taking bets on how much longer MCN will last. The over-under is two years.

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THE UKIAH CITY COUNCIL held a special meeting last Wednesday to decide if they should hold another special meeting Friday to discuss the replacement procedure for Councilwoman Rodin, who has said she would be stepping down on August 16. Councilmember “Red” Phil Baldwin was absent Wednesday, so the council decided to hold another special meeting Friday to decide the issue. Baldwin was absent again. There seemed to be lots of confusion about the timing of an election, which must be called not less than 114 days before a regularly scheduled election, but not until the seat is actually declared vacant or until the person resigns or blah, blah, blah ad infinitum. Mayor Crane said that Rodin could resign that day to clear the way for an election in November. Rodin, who appeared by conference call, presumably from Monterey, said she might not resign after all, that she might change her mind. The council decided again to wait until Baldwin can be present for the decision.

THE COST OF A SPECIAL ELECTION was raised as a concern. If the election was combined with the November election, the cost was estimated to be $15,000-$20,000. If the council waits until March, the cost is estimated to be an additional $10,000. If Rodin wanted to facilitate an election, she could easily have timed her resignation (which she now seems to be hedging) so the election could be held in November. Now, after missing the deadline for November, it is predictable that the council will choose to fill the vacancy by appointment, on the grounds that the city can’t afford to spend the money on a special election, or be without representation from August to March. Since this is the same group that spent $30,000 on the dining platform, $45,000 for some jive landscaping, and millions on garbage giveaways and bloated city admin, any handwringing over the modest cost of an election will be the purest form of hypocrisy. The reality is, the city council thinks they are better qualified than the public to decide who should sit with them. And they sure don’t want to sit with anyone who will utter a discouraging word about the slo mo dismantling of city services and finances that is currently underway.

Rodin

Rodin

UKIAH COUNCILWOMAN MARI RODIN, who may or may not be departing, will be honored Thursday for her “many accomplishments” at a private reception at the home of City Manager Jane Chambers. Previous departing councilmembers have been recognized at simple public receptions held in the foyer of City Hall immediately before their last meeting. Councilwoman Rodin’s “record of accomplishments,” which she apparently does not want celebrated by the un-washed public, includes the following:

1) HI-JACKED REDEVELOPMENT of upwards of $1 million dollars annually for ten years to pay administrative salaries with money that should have gone to fix “blighted conditions” like crumbling streets and boarded up storefronts. Now that the state has pulled the plug on redevelopment, Ukiah is left with a $1 million dollar annual structural deficit because the Rodin-led city council has refused to cut the bloated administrative overhead;

2) SCHEMED with the other feebs on the Ukiah city council to boost the pay for City Manager Jane Chambers from $150,000 annually by secretly agreeing to pay her $16,000 in “merit pay” and $8,000 in “executive pay,” which, along with a hefty car allowance, health insurance, retirement and other perks, tops out at a cool quarter of a million dollars in annual compensation. When the sordid arrangement came to light, the council made a show of cutting Chambers’ indefensible merit and executive pay while leaving the door open to restore the cuts if Chambers can convince the employee bargaining groups to take a 10% cut in their salaries, thereby exhibiting leadership of the Kendall Smith variety;

3) ELIMINATED THE CITY AMBULANCE service and $650,000 in annual revenue that went with it, causing the lay off of six firefighter/EMTs, thereby reducing fire department staffing to its lowest level in 45 years;

4) STRUCK A DEAL with the Ukiah Valley Fire District, to make up for the resulting staffing shortages, that has resulted in stationing the remaining Ukiah firefighters outside the city limits, thereby reducing response time for any in-town emergency calls;

5) SQUANDERED almost $30,000 in public funds to eliminate three parking spaces and build a dining platform to benefit Mari’s favorite restaurant, Patrona’s, so that she and her council cronies, Little Benj Thomas and Polly Anne Landis, can dine al fresco within a fenced enclosure that keeps the public who paid for it carefully at bay;

6) SQUANDERED another $45,000 in pubic funds to “landscape” the new city electrical substation with about twenty trees and shrubs, which works out to about $2,500 per oleander;

7) SIGNED OFF on a sweetheart deal with the Ukiah garbage hauler, handing over millions in public dollars and forcing increases on the ratepayers;

8) JOINED Little Benj and Polly Anne in passing a meaningless resolution in support of “Zero Waste” although for the last two years they have successfully blocked the diversion of food waste from the Ukiah waste stream, preferring that it be trucked outtahere to be landfilled at high cost to the ratepayers, instead of hauled to Cold Creek Composting at no charge to be converted into a valuable soil amendment;

9) JOINED CITY MANAGER CHAMBERS in withholding information and dissing the Ukiah Valley Sanitation District, so that instead of providing information and working out their differences, the District now has two or three lawsuits going against the city;

10) IN SHORT, throughout her career, Mari Rodin has functioned as a reliable shill for the City Manager, always siding with the interests of city administration instead of representing the interests of the people she was elected to serve.

A READER WRITES: “Is Mari Rodin really taking a job as an analyst with Monterey County LAFCO? All I can say is, the applicant pool must have been pretty thin. Rodin, who is a genuinely good-hearted person, but not exactly rocket scientist material, never impressed me as the analytical type. As a self-described grant writer, Mari has made it into her late-40s without ever having a real job. You know, the kind where you are expected to show up at the same time every day and work a set number of hours. It will be interesting to see how well she adjusts to that.”

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ADMIT IT, YOU LAUGHED. I did, my wife did too, and she’s Chinese. I refer to the KTVU debacle where the news reader, Tori Campbell, read off these names as the pilots of lethal Flight 214: “Sum Ting Wong; Wi Tu Lo; Ho Lee Fuk; and Bang Ding Ow.”

KTVUPrankBEFORE YOU DENOUNCE ME as a racist dog-pig please read Freud’s essay on jokes. All kinds of “inappropriate” material can be converted to humor, and one man’s funny is another man’s insult.

ON THE OTHER HAND, was that a Chicago newspaper whose headline read, “Fright 214”? The joke was supposed to be the perceived Asian inability to pronounce “L.” Ho hum. That one’s been done to death, and wildly unfunny in the context.

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THE TRAVON MARTIN verdict, seems to me, is a lot like the OJ case. With OJ, the jury made a perfectly logical decision to find OJ not guilty based on the incompetent prosecution they were presented in the courtroom. The Travon Martin jury made a perfectly logical decision to find Zimmerman not guilty based on the incompetent prosecution they heard in the courtroom.

ZIMMERMAN set the whole thing in motion by stalking the boy, walking right up behind him then, after “words were exchanged,” and Martin, a big, strong kid, knocked Zimmerman down and pounded him a few times, Zimmerman shot him. If Zimmerman had stayed in his car like he was supposed to do as a neighborhood watch guy, not a police officer, Travon Martin would still be alive. I thought at a minimum Zimmerman was guilty of manslaughter, and murder would not have been inconsistent with the known facts.

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DEAR ANTOINETTE

Marie Antoinette’s mother’s advice

My dear daughter,

1770 / Vienna — Do not take any recommendations; listen to no one, if you would be at peace. Have no curiosity—this is a fault which I fear greatly for you; avoid all familiarity with your inferiors. Ask of Monsieur and Madame de Noailles, and even exact of them, under all circumstances, advice as to what, as a foreigner and being desirous of pleasing the nation, you should do, and that they should tell you frankly if there be anything in your bearing, discourse, or any point which you should correct. Reply amiably to everyone, and with grace and dignity; you can if you will. You must learn to refuse. After Strasbourg you must accept nothing without taking counsel of Monsieur and Madame de Noailles, and you should refer to them everyone who would speak to you of his personal affairs, saying frankly that being a stranger yourself, you cannot undertake to recommend anyone to the king. If you wish you may add, in order to make your reply more emphatic, “The empress, my mother, has expressly forbidden me to undertake any recommendations.” Do not be ashamed to ask advice of anyone, and do nothing on your own responsibility. In the king you will find a tender father who will also be your friend if you deserve it. Put entire confidence in him; you will run no risk. Love him, obey him, seek to divine his thoughts; you cannot do enough on this moment when I am losing you. Concerning the dauphin I shall say nothing; you know my delicacy on this point. A wife should be submissive in everything to her husband and should have no thought but to please him and do his will. The only true happiness in this world lies in a happy marriage; I know whereof I speak. Everything depends on the wife if she be yielding, sweet, and amusing. I counsel you, my dear daughter, to reread this letter on the twenty-first of every month. I beg you to be true to me on this point. My only fear for you is negligence in your prayers and studies—and lukewarmness succeeds negligence. Fight against it, for it is more dangerous than a more reprehensible, even wicked state; one can conquer that more easily. Love your family; be affectionate to them—to your aunts as well as to your brothers-in-law and sisters-in-law. Suffer no evil speaking; you must either silence the persons or escape it by withdrawing from them. If you value your peace of mind, you must from the start avoid this pitfall, which I greatly fear for you knowing your curiosity.

Your mother.

Marie Antoinette & Her mother Maria Theresa

Marie Antoinette & Her mother Maria Theresa

Mendocino County Today: July 16, 2013

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Hambleton

Hambleton

ACCORDING to a Sheriff’s Department press release, Mr. Dana Brandon Hambelton, 30, of Arcata, at approximately 4pm Sunday was southbound on 101 when a deputy “observed” his “non-operational tail lamp.” The deputy subsequently “detected the odor of cannabis emanating from inside the car.” A search of the vehicle revealed four mason jars containing a “honey oil” type of concentrated cannabis. There was also a plastic bag nearby which contained 92 grams of another type of concentrated cannabis known as “bubble hash.”

THE AVA’S drug expert tells us that honey oil “makes you fall down and hit your head; its thc content is about 39%.” He added, “But we could certainly use more professionalism in the drug trafficking community. What kind of idiot transports with a tail light out?”

A STONED IDIOT, undoubtedly. Bubble hash, incidentally, “is super refined honey oil that forms bubbles when you smoke it.” I’ll bet you could double your fun if you took a bubble bath along with the bubble hash, and triple your jollies with a wad of Double Bubble Gum. Stoners just have so much fun!

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SPEAKING OF WHATEVER we were speaking of, a caller noticed a full pallet of ammonium phosphate at Friedman Brothers, Ukiah, with a note attached that said, “Special Order, Mateel Community Center.” Why would the Mateel want golf course (and/or bombmaking) chemicals? We called the Mateel to find out if they’d ordered it and if they had, why? Sports stadiums use this stuff to green up their grass, but it’s bad mojo, as Ashley, the pleasant young woman who answered the phone at the Mateel agreed. “It’s like gnarly stuff,” Ashley said, before assuring me that she’d call the Mateel’s plant manager, Johnny, and get back to me.

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DAVE HULL and Ric Piffero are making an offer to Ukiah that Ukiah hasn’t refused. But with the present apparat running the city… But it seems to be a done deal. Hull and Piffero are offering the city 37 untouched acres, valued at a mil-plus, in Ukiah’s west hills. Back a ways, H&P got Westside Ukiah all excited when they tried to build on the property. During that hassle H&P further aroused the Pwoggies by flying an American flag on their property and blasting out Bruce Springsteen’s wowser anthem, Born In The USA, through early morning loudspeakers. H&P were unhappy, as I recall, at the opposition to their development plans. The property includes Gibson Creek, “sloping hillsides and old-growth redwoods.” You can hike to it by walking due west on Standley Street.

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Carrillo

Carrillo

SONOMA COUNTY Supervisor Efren Carrillo, 32, was arrested early Saturday morning creeping around his neighborhood in nothing but his flip-flops and Fruit of the Looms. It seems he was looking for love, but wound up charged with burglary and prowling when he tried to climb through a neighbor woman’s window.

CARILLO has long been viewed as perfect flab glab lib lab material by the flab glab lib lab Northcoast Democrats, especially big shots like Mike Thompson and Doug Bosco. The Party endorsed Carillo over Rue Furch, a woman with much more real progressive history. But for today’s Democrats of the Bosco-Thompson type, Carillo is perfect. A glib, principle-free Hispanic in an area with an ever-larger Hispanic population, a kind of Mexican Obama, how could he miss? But now this, an adventure that raises serious questions about the dude’s mental equilibrium.

WILL CARILLO’S midnight ramble hurt his political future? No. It will probably help him with Democrats, for whom the bar can’t be too low. (The Republicans don’t even have the bar or the poles to rest it on.) Look at Clinton. His approval ratings rose faster than his penis during his Monica Lewinsky interlude.

ON HIS PLUS SIDE, earlier this year Carillo gallantly knocked out a gavacho pestering a young lady in his company. But an early morning attempt to break into a single woman’s apartment— well, that might even be too much for Bosco and the Party stenos at the Press Democrat. As it happens, the supervisor was at a Demo wine guzzle with Thompson earlier in the day and may have still been drunk from that event when the cops corralled him.

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ABOUT TIME. A series of regulations went into effect earlier this month that will place new restrictions on San Francisco’s professional dog walkers. The new rules require dog walkers to obtain a city-issued permit, puts a limit on the number of dogs that can be walked at a time (a maximum of eight) and requires dog walkers to have any vehicles used to transport dogs to be inspected, approved and carry $1 million in liability insurance. Violators will be charged a $50 fine for the first infraction.

CAave@7-8thJUST LAST SATURDAY afternoon, I was walking on California between 7th and 8th when a leashed, medium-size dog, maybe a forty pounder, leaped out from behind his inattentive owner at a passing Hispanic woman. She just kept going, probably thinking to herself, “One more bummer here in Gringolandia,” as the trendo-groove-o dog owner said, “Gee, he’s never done that before.” I’d like to see a law banning big dogs from The City. Period. It’s not fair to the dog to keep him cooped up in an apartment. Your little yappers, while annoying, are at least apartment-manageable. And you shouldn’t be allowed to own a dog at all if you have to hire someone to walk it. (A trendo-groove-o is a young guy with a little pork pie hat, stovepipe jeans, a t-shirt with a corporate logo, a tattoo of a cartoon character. They’re coming in the windows!)

OF COURSE my upstairs neighbor, who happens to be blood, maintains a dog about the size of a Shetland pony. He hires a neighbor lady to walk the beast, a giant poodle of some kind, and an animal with zero redeeming features — dumb, loud, unattractive, which, it occurs to me, is also a description with wide human applicability. A city doesn’t work unless there’s basic civility, at least minimal regard for one’s neighbors. Frisco’s teeming with entitlement creatures, kind of like Westside Ukiah transplanted to SF. Tiny case in point: A lady is advertising on our neighborhood blog, typically chock-a-bloc with restaurant tips — gastromania also being prevalent in The City — for someone to drive her and her rabbit to the veterinarian. I’d volunteer to hunt her rabbit or eat it, but drive a rabbit? Anywhere?

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ON-LINE STATEMENT OF THE DAY: “As an Oakland resident, I’m embarrassed that we’ve become the go-to town when national newscasts need cheap photo-ops of burning flags and broken windows. Oakland is not Biloxi, 1962. It’s extremely integrated and diverse, we even have a place for entitled, pseudo-intellectual Reed drop-out ‘anarchists’… Go break some windows in Florida!” (SF Chron comment line)

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TODAY (TUESAY JULY 16) at 1pm, Sheriff Allman will hold a press conference to announce a major development in a “cold case” homicide investigation. The press conference will be held in the Donovan Room at the Mendocino County Sheriff’s Office (951 Low Gap Road in Ukiah). Those interested can use the Summit Conference Call System by dialing (877) 223-4490 and entering Conference Security Code: 38768. Please call in by 12:55pm as the Press Conference will start promptly at 1pm. (Credentialed media only.)

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FLIGHT 214 CRASH ANALYSIS

Editor,

As a pilot and former flight instructor, I’ve been following this Asiana Airlines crash story very closely.

At the outset — I picked up the incident early on the car radio when I was out shopping. I spent the rest of the day on the net trolling the world (in the four languages I can get along in) to see who was reporting what.

One seemingly significant thing I found was that early on, the Italian press [la Repubblica} noted that the pilot had declared an emergency. They changed the verbiage three times on their website, but the message remained the same. No one else anywhere (that I could find) mentioned the pilot declaring an emergency.

Soon after this revelation — early afternoon, California time — I found on the Hearst Chronicle sfgate website a [purported] recording of the SFO tower:

(1) It informed OZ 214 that the emergency crews would be available;

(2) It gave approach instructions for other inbound aircraft;

(3) It shooed some other aircraft away with “go-around” instructions. The 214 pilot’s responses were undecipherable. He was saying something — quite short, possibly simply an affiirmative — but who knows what?

And I have not heard another thing about this recording. (It would unravel a lot.)

My initial reading of the crash was that there must have been a runaway trimtab. The plane pitched up and the pilots tried to compensate. How else could it get so low and slow? That’s why they hit the barrier.

(The initial radio reports were that the plane lost its tail on landing — which I figured must have been caused by metal fatigue: The tail fell off, and then the plane went — bang — nose-first into the ground. The first report is, of course, always wrong.)

The recording also noted that OZ 214 was cleared for 28L. Which means that any mechanical problem must have occurred shortly before final, because otherwise tower would have cleared them to a closer runway — which is 10. And they could have come in over northern Pacifica and saved several minutes of flying, rather than going to San Jose just to go north. (This approach to 10/28 is used only during bad weather, about which Bay Approach controllers used to say, Hey, we’re always out of practice, because we only use this approach 5 days a year.)

This was a visual approach. Any pilot looking out the window is trained to tell where the plane is going to land: Your landing spot is where the terrain doesn’t move. You can see your way right to the runway. This is basic pilot training.

Plus, a VASI (or, I think, on big planes) PAPI system of lights will give you a very good idea of whether you’re descent is high, low, or appropriate. (SFO’s glideslope wasn’t working, but, hell, this wasn’t an instrument approach; if the pilots can’t do a visual in VFR, they shouldn’t be trying to land the f-ing plane in the first place. — which may be recursive.)

Any student pilot can go low and slow. (It’s the classic set-up for a stall-spin accident.) Speaking as a former flight instructor here, if you let ‘em get away with it a time or two and then scare the hell of them (by saving the landing), they’ll never ever do it again. They’ve been there, they know. Presumably.

Then there’s cockpit communication problem. CRM — Cockpit resource management. Some decades ago, because of the overweening authority of pilots in command, it was determined that anarchism trumped authoritarianism: All authority must justify itself. The pilot flying is hands-on. The pilot nonflying monitors and challenges. (“Captain, the airspeed is too low”; or generically “Hey, the instruments say otherwise!”) Consider the commercial jet that flew into the swamp in the Southern USA. There was a malfunctioning indicator light. Nobody was watching the store. Nobody monitored; nobody challenged. For OZ214, with three experienced pilots in the cockpit, how in the world is it possible that the sloppy approach goes unmonitored, unchallenged?

Now if the reigning Samsung honcho can call a six-hour meeting with no dissent — or even bathroom breaks — allowed, perhaps the S. Koreans are too much in awe of authority. Or as one of the OZ training pilots commented [to closely paraphrase], If someone in the cockpit had said “Airspeed,” we wouldn’t be talking about this.

It’s a shame we have to.

Michael Slaughter, Pacifica

PS. The KTVU debacle, however racist (as is widely and snidely sneered), is to me still very funny. Involuntarily so — but I still giggle every time I think of it. And today, some corporate media were declaring that this incident has smeared the reputation of KTVU. I say, however, that that’s nonsense:

It’s US television — WHAT reputation?

The overall silliness reminds me of an old two-panel Wizard of Id cartoon:

Employment interviewer: “Your name?”

Candidate: “Dhing Dhong.”

Interviewer: “Your previous employment?”

Candidate: “Avon Man.”

In short, IMO BFD. Silly, stereotype-invoking, but funny.

PPS. If you want real racism in action in the USA, look at Juan Cole’s piece on July 14 on a racial breakdown of who gets murdered [by the state] for murdering whom? Or the comparison he notes of comparative household wealth, black/white. Stunning.

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NO SUCH THING

Editor,

I write in response to a recent San Francisco Chronicle story about the proper role of photojournalists (“Eyewitness to History,” Insight, SF Chronicle, July 7, 2013).

I think that the creed of objectivity has ruined journalism and that it should be abandoned entirely. Journalism should be concerned with truthfulness, not “objectivity,” and the two are not the same.

Journalism should tell us what is going on and why we should care. If a journalist does not care about what he covers, why should the public? But to be “objective” means to be morally and emotionally uninvolved, uncommitted, disinterested.

It defeats the whole point of reporting on current events which is to inform the public about matters of public interest. If the journalist is not morally and emotionally engaged in his subject, why should he expect the public to be?

The very decision to cover a story implies that the story should engage the public. By eschewing any personal moral or emotional engagement with the story, the journalist is surely not going to engage the public.

This credo of “objectivity” is at odds with the entire purpose of journalism and explains why so much “mainstream” journalism is so boring.

Steven Yourke, San Francisco

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HELPFUL HINTS FOR AMPUTATIONS

The Battle of Gettysburg, fought 150 years ago this week, saw the deaths of more Union and Confederate soldiers than in any other Civil War battle. An estimated 9,000 men were killed during the fight, and another 40,000 were injured. The victorious Union Army, after driving Confederate forces south, stopping their northward advance had much to celebrate and many to mourn, but for those who survived the immediate fighting, a second battle lay ahead in the struggle of the wounded to survive.

Civil War medicine could often be more of a hazard than enemy ambushes. Germ theory, a new-fangled idea that involved hand-washing and instrument sterilization, wasn’t yet in fashion with America’s medical professionals, and keeping bone saws clean on a bloody battlefield was a minor concern.

With limited knowledge and even more limited resources, doctors and surgeons often turned to amputation when a soldier suffered any kind of significant wound. Before the war’s end, some 60,000 men would have a limb removed. Tillie Pierce Alleman, a fifteen-year-old girl whose recollections of Gettysburg during the battle would be published in 1889, observed a grisly scene outside a local home:

To the south of the house, and just outside of the yard, I noticed a pile of limbs higher than the fence. It was a ghastly sight! Gazing upon these, too often the trophies of the amputating bench, I could have no other feeling, than that the whole scene was one of cruel butchery.

Surgeons weren’t just cutting and hoping for the best, though—Samuel Cooper’s The first lines of the practice of surgery was a must-read for any army doctor working on the front lines. Here, we’ve excerpted some of Cooper’s most helpful advice for amputation of the arm, leg, and smaller extremities. It goes without saying—we do not encourage you try this at home:

Arm: The patient may either sit on a chair, or lie near the edge of a bed, and an assistant is to hold the arm in a horizontal position, if the state of the limb will allow it. The pad of the tourniquet is to be applied to the brachial artery, as high as convenient… Instead of making a short stump, when the arm must be taken off very high up, Dr. Larrey thinks it more advisable to amputate at the shoulder joint. He says, that if the humerus is sawn through higher than the insertion of the deltoid muscle, the stump becomes retracted towards the arm-pit by the pectoralis major and latissimus dorsi; the ligatures on the vessels irritate the brachial plexus of nerves; great pain and nervous twitchings are apt to be excited; tetanus is frequently brought on; the stump is affected with considerable swelling; and at length, an anchylosis of the shoulder follows…

Thigh: The thigh should be amputated as low as the disease will allow. The patient is to be placed on a firm table, with his back properly supported by pillows, and assistants, who are also to hold his hands, and keep him from moving too much during the operation. The ankle of the sound limb is to he fastened, by means of a garter, to the nearest leg of the table. An assistant firmly grasping the thigh with both hands, is to draw upward the skin and muscles with some force, while the surgeon makes a circular incision, as quickly as possible, through the integuments, down to the muscles. When the integuments are sound in the place of the incision and above it, their retraction by the assistant as soon as they are cut through, and a very slight division of the bands of cellular substance with the edge of the amputating knife towards the point, will generally preserve a sufficient quantity for covering, in conjunction with the muscles cut in a mode about to be described, the extremity of the bone; and the painful method of dissecting up the skin from the fascia, and turning it back, previously to dividing the muscles, may be considered useless and improper in all amputations of the thigh, where the skin retains its natural movableness and elasticity…

Fingers and toes: The operation may be done in various ways. Sometimes a small semilunar incision is made on the back of the finger or toe to be amputated, extending across the part with its greatest convexity about half an inch beyond the joint. The Rap is next raised, and reflected. The skin on the other side directly opposite the joint, is divided by a second cut, extending across the finger, or toe, and meeting the two ends of the first semilunar incision. The joint is now bent, and the capsular ligament opened. One of the lateral ligaments is then divided, which allows the head of the bone to be dislocated, and the surgeon has nothing more to do, than to cut such other parts, as still attach the part, about to be removed, to the rest of the limb. When the arteries bleed profusely, they must be tied; but, in general, the hemorrhage will stop without a ligature, as soon as the flap is applied to the end of the stump, and the edges of the wound have been brought together with adhesive plaster. Of the plan of stopping the bleeding by pinching the vessels, sometimes recommended, I can say nothing from my own experience.

Angela Serratore (Courtesy, Lapham’s Quarterly)

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WE’RE LESS THAN TWO WEEKS AWAY from NSSLF 2013! The schedule is now online at http://notsosimple.info. On the home page click on tentative schedule for 2013. We will try to minimize changes at this point, but you should keep checking back up to Fair time. We also have four satellite workshops this year. Two are the weekend before the fair (which is this next weekend) and two are the Fri-Sat of the Fair. You will find links to them on the home page. Also on the home page are links to information about our Barter and Trade Circle, Preserves Table and Kids Area if you want to find out about how to participate. See you at the Mendocino County Fairgrounds in Boonville July 26,27,28.

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EVERYONE IS WELCOME at the Manchester School Alumni Association’s 3rd Annual BBQ Benefit on Saturday, July 20. The celebration starts at 1pm until 8pm, at the Greco Field Farm Center, on Highway One in Manchester. This event will support educational programs at Manchester School. Enjoy Tri-Trip and Chicken BBQ with all the fixin’s, Full Bar by Knights of Columbus, Dessert Auction, Silent Auction, Children’s Games, Horseshoe Tournament, and more! Entertainment by Old Stage, Fast Company & DJ Sister Yasmin. Pre-sale Tickets: Adults $12, Children 6-12: $5 Tickets at the Gate: Adults $15, Children 6-12: $6 Sponsors: $50 or more gets you 2 free meal tickets To order pre-sale tickets, volunteer or sponsor call Cindy at 877-1676 or 884-1828.

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THE BROTHERS COMATOSE Play Sundays in the Park

On Sunday, July 28th in Todd Grove Park at 6pm Fowler Auto & Truck Center, The City of Ukiah, KWNE-FM and MAX 93.5 are proud to present the fourth concert of the 22nd annual Sundays in the Park concert series featuring the Stomp Along String Dudes, The Brothers Comatose. Believe it or not, it’s tough to create foot stomping rhythms without the use of percussion. San Francisco quintet the Brothers Comatose are one of those modern, rambling bluegrass ensembles that sustains up-tempo tunes, joint harmonization and plucking along via chirping mandolins, fiddles, guitars, banjos and upright bass. “The good thing about a string band, is that things tend to culminate with dancing rather than elbows flying in a mosh-pit,” says Gio Benedetti. As for the name, only a brother could pick it out by observing his sibling. Guitarist and vocalist Ben said when brother Alex Morrison (banjo and vocals) goes into a trance-like state while playing his banjo, “his eyes roll back in his head like he’s in a coma.” It’s certainly not indicative of their music, which doesn’t have any of the indulgent noodling breaks characterized by other string based bands – though the musicianship is solidly there, it’s given with a communal and inclusive spirit to sing and dance along to.

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BILL NOTEMAN to Play Parducci Acoustic Cafe this Saturday This Saturday July 20th, Parducci Winery’s Acoustic Café series will be presenting the fabulous Jump Blues Band Bill Noteman and the Rockets. The festivities start around 7:00 with gates opening at 6:00. 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 6:00.

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ANNUAL RECREATIONAL ABALONE HARVEST REDUCED

by Dan Bacher

State officials and representatives of some corporate “environmental” NGOs have constantly touted the so-called “marine protected areas” created under the privately-funded Marine Life Protection Act (MLPA) Initiative as a “science-based” method for bolstering fish and shellfish populations in California.

Yet a recent California Fish and Game Commission decision revealed that traditional fishery management, rather than the marine protected areas supported by the Western States Petroleum Association, Safeway Corporation and other corporate interests under the MLPA Initiative, may be much more effective in addressing fishery declines than the creation of questionable “marine protected areas.”

The Commission on June 26 voted to modify abalone fishery regulations along the northern California coast. By doing this, the Commission effectively admitted that fishing regulations, rather than alleged “marine reserves” that went into effect on the North Central Coast on May 1, 2010 and on the North Coast on December 19, 2012, are the “solution” to reducing pressure on a declining abalone population. The decline was spurred by a die-off that coincided with a local red tide bloom and calm ocean conditions in 2011.

The Commission voted to reduce the annual limit to 18 abalone (previously 24), with no more than nine taken from Sonoma and Marin counties. Other changes to abalone regulations included a coast-wide start time for the fishing day of 8 a.m. and a closure at Ft. Ross in Sonoma County.

The changes were proposed by the California Department of Fish and Wildlife (CDFW) and then adopted by the Commission.

“The new management measures we’ve adopted today will help ensure that the red abalone remains abundant on the North Coast and the popular recreational fishery there continues to thrive,” said Commission President Michael Sutton. “Our job is to keep wildlife populations in California healthy and not wait for a crisis to take action.”

Jim Martin, the West Coast Regional Director of the Recreational Fishing Alliance and representative of the Sonoma County Abalone Network (SCAN), responded, “Apparently Fish and Wildlife believes that traditional fishery management is more effective than marine protected areas in rebuilding fishery stocks – and that reductions in harvest are more effective than closing down areas.”

Martin noted that the abalone decline – caused by a die-off and not overharvesting – occurred in 2011. SCAN immediately supported a temporary closure at the Fort Ross index site to help the population to recover.

“They extended this temporary closure to a year round one,” said Martin. “We supported both that closure and an 8 am start time to help enforcement, as well as reduced bag limit south of Mendocino County.”

However, the abalone fishermen felt the reduction of the bag limit from 24 to 18 was “completely unnecessary.”

“What they really did was reduce the allowable recreational catch from 280,000 to 190,000 abalone, over a 30 percent reduction. And the Abalone Recovery and Management Plan only called for a 25 percent reduction,” said Martin.

In the course of discussing the regulations, Martin and other fishermen asked the Department to quantify the benefits of marine protected areas to the fishery.

The MPAs were touted by MLPA officials, including Ron LeValley, the former Co-Chair of the MLPA Initiative Science Advisory team now being investigated by federal authorities for conspiracy with two others to embezzle nearly $1 million from the Yurok Tribe, because of the “benefits” they would provide by bolstering abalone and fish populations. (http://www.times-standard.com/news/ci_23598585/escalation-an-embezzlement-court-documents-offer-new-details )

“The CDFW refused to quantify the benefits because they said it would take too long,” said Martin. “We believe there should be some benefit to quantify these benefits based on science.”

“The whole selling point of these MPAs is that they would make fish and shellfish populations more abundant,” said Martin. “The first test of that theory turned to be based on false promises.”

Martin emphasized, “We don’t think these marine protected areas benefit abalone at all. If they benefit abalone, give us some numbers. Instead they turned to traditional management to deal with a situation wasn’t harvest related.”

The CDFW press release announcing the regulations confirms Martin’s contention that the Department effectively admitted that the marine protected areas weren’t benefiting the abalone at all.

“Northern California red abalone are managed adaptively by the Commission, using traditional management measures coupled with fishery independent surveys to maintain the catch at sustainable levels, as prescribed by the Abalone Recovery and Management Plan (ARMP). Ongoing data surveys by the Department of Fish and Wildlife detected the effects of a recent abalone die-off along the Sonoma coast,” the Department stated.

“The declines in abalone density triggered the changes to management measures, because the densities dropped below levels that are prescribed in the ARMP for management action,” the release continued.

“The new regulations are intended to provide an opportunity for abalone populations in Sonoma and Marin to increase, and to help Mendocino County maintain a productive fishery. The set start time for the fishing day will also aid enforcement,” the DFW said.

Not mentioned anywhere in the news release are the “glorious” new marine protected areas, created under an allegedly “open, transparent and inclusive” process, that were supposed to bolster the populations of abalone and other species.

The release also didn’t mention the reasons for the abalone die-off and how to prevent a similar situation from taking place in the future.

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NEW SEED LIBRARY OPENS AT THE ROUND VALLEY PUBLIC LIBRARY

Covelo, CA  —  The first seed library in Mendocino County has just opened at the Round Valley Public Library in the small (pop.1255), remote town of Covelo, California. The Seed Library is one of several seed libraries to open this year in Northern California.

Seed libraries are a fairly new phenomenon. The concept is simple: patrons “check out” seeds, take them home to grow tasty and nutritious food for their families, let a portion of the crop go to seed, save some of that seed for planting next season and return some to the library.

Why seeds? With high food prices gardening has come back into style. “Growing your own food is like printing your own money,” according to food activist Ron Finley. Combine that with the fact that people from all walks of life are rediscovering that fruits and vegetables grown in their own backyards have a flavor that just isn’t found in supermarket produce and you have a new generation of Victory Gardens sprouting up all over the country.

There are benefits to growing and saving seed of heirloom and other open pollinated varieties of food plants besides saving money. One is that after several seasons the plants grown become acclimatized to local conditions. The plants become better suited to the area than the plants grown from seed raised in other parts of the country. And by selecting for desirable traits, the gardener can develop strains that mature earlier, or taste sweeter, or tolerate higher temperatures.

People are also attracted to seed saving for philosophical reasons. According to many estimates, we’ve lost more than 90% of the food plant varieties that existed a century ago. Big agricultural corporations rely on monocultures, and the ensuing loss of genetic diversity reduces food crops’ ability to adapt to pests, plant disease, and changes in climate. A large percentage of seed savers are motivated to save seeds in response to corporations who quietly bought up seed companies over the last few decades only to “discontinue” production of old time varieties in favor of hybrid or GMO varieties that need to be purchased from the company every growing season.

“By reclaiming the tradition of seed saving, we are taking seeds out of the hands of big corporations and putting them back into the hands of backyard gardeners,” says Pat Sobrero, Seed Librarian at The Seed Library.

People can become members of The Seed Library and withdraw seeds by promising to return some open-pollinated seed at the end of the growing season, either seed they’ve saved or commercially grown seed, preferably seed grown close to “home.”

Anyone is welcome to check out any type of seed they want to plant, although The Seed Library discourages its patrons from returning “advanced difficulty” seed until the gardener has the knowledge, time, and skill to do it correctly. This ensures that the next person to check out seed will grow out what they intend.

The library offers brochures and handouts on basic seed saving, has many books on seed saving available for checkout, and plans to offer classes on gardening and seed saving in the future.

The Seed Library is open during the Round Valley Public Library’s regular hours, Tuesday through Saturday, 10 to 5. You can find out more about The Seed Library by visiting their facebook page: www.facebook.com/TheSeedLibrary .

SeedCatalog07-13

Mendocino County Today: July 17, 2013

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A CALLER noticed a full pallet of ammonium phosphate at Friedman Brothers, Ukiah, with a note attached that said, “Special Order, Mateel Community Center.” Why would the Mateel want golf course (and/or bomb making) chemicals? We called the Mateel to find out if they’d ordered it, and if they had, why. Sports stadiums use this stuff to green up their grass, but it’s bad mojo, as Ashley, the pleasant young woman who answered the phone at the Mateel agreed. “It’s like gnarly stuff,” Ashley said, before assuring me that she’d call the Mateel’s plant manager, Johnny, and get back to me. She didn’t. Yet. And probably won’t. But we’ve learned that the Mateel is using this “gnarly” brew to make the grass green in the concert bowl smack on the battered Eel River, just in time for their revived Reggae on the River. Years ago we complained that the Mateel, cynosure of everything good and organically pure in a poisoned America, had made its front door out of rare and mostly extinct hardwoods. But using this stuff anywhere near the Eel borders on criminal irresponsibility.

MateelBags

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MENDOCINO COAST TELEVISION has been forced to cease operations. It was an important, sometimes pivotal, public media for many years, bringing public meetings into the livingrooms of Coast residents in the Fort Bragg-Mendocino area plus a wide range of cultural offerings. The station’s directors have announced that Coast Television lost a lawsuit filed by the Footlighters little theater group on whose premises Coast TV was located. Without a home and in hock to lawyers, there was no option other than to go dark.post

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ODD CONTRETEMPS during public comment on non-agenda items at this morning’s (Tuesday, July 16th) Supervisor’s meeting, when John Sakowicz rose to, ah, expand upon the City of Ukiah’s overly effusive goodbyes for Mari Rodin and Gordon Elton. Supervisor McCowen objected to Sako’s remarks a couple of sentences in and Board Chair Hamburg told Sako to sit down.

SUPERVISOR PINCHES said it was unprecedented in his ten years on the Board of Supervisors that any member of the public had been censored for any reason, or for speaking on any topic, during the public comments part of the Board meeting for non-agenda items.

HAMBURG then asked his buddy and tax paid gofer, County Counsel Tom Parker, for a legal opinion. Parker duly opined that Sako could indeed be silenced if he wasn’t speaking on County business. But the City of Ukiah’s finances are directly related to County business; the City is presently suing the County over the collection and distribution of taxes by the County Auditor.

THANKING PARKER for the legal opinion he knew he’d get, Hamburg informed Sako he was “out of order” and told him to sit down.

MOST PLACES, censoring or silencing the public, much less the press, raises fundamental constitutional issues. Among other things, it’s a violation of the Brown Act. Sako is both a member of the public and a media guy via his reporting on financial matters for KZYX. He’s done some excellent reporting on the deteriorating finances of the City of Ukiah on his “All About The Money” program for the County’s public radio station.

THE CITY OF UKIAH has been running a $1 million budget deficit for the last two years. The City of Ukiah has not adjusted to the realities of Redevelopment money going away. If the City files for bankruptcy, then it’s a County problem, too.

IF UKIAH hasn’t put away the money into an enterprise fund to close the Vichy Springs landfill — it stopped accepting refuse in 2001, and sits in an earthquake zone and in a watershed area; and it may soon incur big fines and penalties by California’s environmental regulatory agencies, i.e. CalRecyle — then the County may have to bail out the City. EPA issues, for example, particularity water pollution issues, could supersede city jurisdiction.

AND UKIAH may soon default on the bonds used to pay for a $56.5 million sewer plant. The credit rating agency, S&P, downgraded these bonds by two steps last year. What happens at the County level if the City defaults on these bonds?

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CASE CLOSED by Bruce Anderson

Accompanied by a DNA analyst from the state’s Department of Justice office in Eureka, Sheriff Tom Allman announced Tuesday that the 1988 rape and mur­der of Georgina Pacheco had been solved.

Parks

Parks

Robert James Parks, a Fort Bragg fisherman, and a brother-in-law of the victim, has been identified as the killer. Parks committed sui­cide in 1999 in Long Beach Harbor by chaining himself to a boat in 30 feet of water and sinking it. Parks was the last person to have been seen with Miss Pacheco. He’d picked her up at her place of work, the Sea Pal Restaurant in Fort Bragg.

The DNA science applied to the case was compli­cated. The FBI’s samples taken from the murder scene had, over time, become unusable for identification pur­poses. But the persistence of Sheriff’s detective Andy Porter, and DA’s investigator Tim Kiely, persuaded the state’s Department of Justice laboratory to take another look at the post-mortem rape kit. The lab soon found identifiable DNA on the wooden handles of swabs pre­served at the time of the murder, a time when DNA as a forensics tool was in its infancy.

That DNA was matched with that of Parks ex-wife and daughter and, by extension, Parks himself, and 25 years later we have, if not justice, at least some solace for the Pacheco family who now know who murdered their daughter.

Georgina Pacheco

Georgina Pacheco

Georgina “George” Pacheco, was twenty when she went missing in the first week of September, 1988. She was found dead on September 10th. She’d been raped and murdered. Born in the Azores to a traditional Catho­lic family, Georgina grew up in unmoored America where even small towns like Fort Bragg are socially fragmented and drug-ridden, where even the most con­scientious parents lose their children to influences as destructively incessant as the winds that blow in off the Pacific.

Georgina seems to have gotten lost in the transition from the old world Azores to 1980s Fort Bragg.

An energetic and always chipper young woman who worked mostly as a waitress, broke away from what she seemed to see as the unreasonable strictures of her old world Portuguese home. She began associating with estranged young people deep into the drug life, one of whom murdered her.

At least that was the operating assumption until this week’s dramatic revelations.

Georgina Pacheco was found strangled to death on tranquil Pearl Drive south of Fort Bragg the morning of September 10th, 1988. She hadn’t been seen for a week. A man named Rodney Elam found her. Elam had been walking his dog in the early daylight hours when the animal drew his attention to Miss Pacheco’s nude corpse maybe ten feet off the pavement. She’d been strangled and dragged into the brush. Police said it appeared that Georgina had been killed some other place, that the lonely stretch of Pearl Drive was merely a hurry up hid­ing place where she wouldn’t be found for awhile.

She’d probably been murdered by a man acting alone. Parks lived only two miles away.

Numerous suspects were interviewed, all of them drawn from the Mendocino Coast’s floating population of drug users and petty criminals, among them at the time, a few transient carnival workers.

The police quickly eliminated Elam as a suspect, homing in on John Annibel, a suspected serial killer, who lived in Fort Bragg from 1984 until he was arrested for the 1998 murder of Debbie Sloan of Laytonville.

Annibel is presently in state prison for the murder of Mrs. Sloan, a divorced mother of two who met Annibel at a Laytonville bar and made the fatally bad decision to spend what turned out to be an eternal night with him. Before Annibel moved to Fort Bragg from his home area of Southern Humboldt County, he was the only suspect in the murders of two women there, one of them his fian­cée, the other a teenager he’d known since she was a child. He may also have killed two more women — not known to him — in the Arcata area, but Annibel could never be even tenuously linked to the Arcata killings.

For reasons ranging from official inertia to official incompetence, Annibel was not charged with the mur­ders of the two Humboldt County women, both of whom he is assumed to have strangled to death, both of whom were last seen in his presence.

After Annibel moved to Fort Bragg in 1984 he was not linked to another murder until 1998 when he con­fessed to the Thanksgiving weekend strangulation of Debbie Sloan in a Laytonville motel room.

Georgina Pacheco was garroted, not strangled. Parks had tied something around her neck, a ligature as it’s called, and pulled it tight. There’s other evidence the police are holding in reserve that would definitively tie the killer to his victim if a suspect more likely than Annibel, a strangler, should be revealed.

A dozen men were interviewed and cleared, but among many locals the consensus killer was a man named Robert Parks, the estranged husband of one of Georgina’s sisters. Parks was known to have been the last man to see Georgina alive.

There are cops who worked in the Fort Bragg area at the time who were convinced Parks was the guy, and there are cops who thought Parks wasn’t the guy.

Parks was the guy.

To say Parks was widely disliked hardly begins to explain just how thoroughly disliked he was. Lots of people wanted him dead, or at least wanted to thump him so bad he’d stop his thieving, lowlife ways. One Fort Bragg man caught Parks in the act of ripping off fishing gear, followed him, confronted him, fought him, and almost died when Parks hit him over the head with a metal pipe. And would have died if a friend hadn’t come along and pulled Parks off him.

An old timer who knew Parks said “Parks was capa­ble of anything, and I mean anything.” The people who always believed Parks killed Georgina think he did it to get back at Georgina’s sister who no longer wanted anything to do with him.

Fort Bragg in 1988 was awash in drugs and bad peo­ple, some of them pillars of the community, at least on their treacherous surfaces they looked like pillars of the community. Among the unprosecuted crimes these pil­lars committed was a series of arson fires that cost Fort Bragg its library, its justice court, the historic Piedmont Hotel. The fires were also heavily drug dependent, you could say, with the arsonists being paid partly in cocaine. In the same period, several members of the Fort Bragg City Council took “loans” from a big boy developer while the credulous chased alleged Satanists out on Air­port Road.

It was a good time for bad people in Mendocino County, and murder was inevitable in the context.

Although Georgina was always employed, and always had a solid family backing her up, and probably would have outgrown her desire to walk on the wild side, she’d gotten into speed and bad men, hanging out in the parking lot of the old Sprouse-Reitz on Main Street when she wasn’t working. That’s where the bad boys and the drugs were, and that’s undoubtedly where the killer was, too.

Other suspects included Victor Gray who, as it hap­pens, I’ve known since he was kid. Vic and his brother Chris grew up in Boonville. When their mom, Jeannie, moved to Fort Bragg the boys went with her. Chris was shot point blank one night in the Boonville Lodge by a rotund old hippie named Thaddeus “Thad” Thomas who lived up on Nash Mill Road. At least Thad looked like an old hippie. Or Santa Claus, take your choice, but he didn’t act like either one. He lived at the foot of a dark gulch that matched his personality, and one night Thad turned on his barstool and shot Chris Gray. Chris had a bad headache, and he needed some basic reconstructive surgery, but he survived, and Thad Thomas died in jail while Thad’s family’s lawyers made sure Chris Gray never got the money Chris should have got for the harm done to him by the Troll of Nash Mill.

Victor Gray was Georgina’s last boy friend. He, too, was quickly absolved of any responsibility for her death, which seemed to unhinge him, and Victor, presently confined to state prison, has since had his troubles ever since.

All of the young men said to be close to Georgina at one time or another weren’t exactly the kind of young men a girl would bring home to meet her old world Por­tuguese parents, and when they were systematically located by the police and asked about Georgina’s murder, and cleared of it, the last suspect standing was John Annibel.

And he didn’t do it either.

In a brilliant series of interrogations by Mendocino County investigators Tim Kiely and Kurt Smallcomb, Annibel confessed to his Laytonville murder of Mrs. Sloan. He came close to telling the truth about his Hum­boldt County murders, but close was as close as he got.

Annibel told Kiely and Smallcomb he’d moved to Fort Bragg to get away from all the bad people in South­ern Humboldt, including a group he placed in Alderpoint that he identified as “the Weather Bureau,” a reference, it seems, to the Weathermen, a small group of uniquely estranged rich kids who became temporary revolution­aries in the 1960s. The Weathermen did spend time on the Northcoast, as did a group called Tribal Thumb, but the Weathermen, from much more privileged back­grounds than the Thumbs, hid out in a posh home on the Mendocino Coast, an ocean view place, while the Thumbs worked out with small arms in the hot summer hills west of Garberville around Honeydew.

There were all manner of organized lunatics roaming the redwoods in those days, and who knows how many freelancers. Annibel certainly wasn’t the only one of those.

“In all honesty,” Annibel told Kiely and Smallcomb, “I go home every night. And up until a couple of weeks ago, my wife worked nights. So I had my daughters every night. And working. I’m gone from my house thirteen hours a day. My day’s pretty well taken care of by the time I get home. And I’d help my youngest one with her school work and cook dinner. Believe me, when I went over there to Boomer’s (the Laytonville bar where he encountered the late Mrs. Sloan) was the first time I’ve been in a bar in a couple of years.”

The killer as homebody isn’t particularly convincing, but in his way, Annibel did seem devoted to his young wife — she’d moved in with him when she was 14, him 24. Last heard from, Mrs. Annibel and her daughters were living in Ukiah. She’s shed her dread married name but is still in the area. The Annibel girls would be young women now, older than the women dad murdered.

Captain Smallcomb commented recently that “unless we get a confession, I don’t think we’ll ever know who killed Georgina.”

But now we do know who murdered Georgina. The technical marvel of DNA science got him.

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NORTH COAST HONOR FLIGHT

In 2004, a World War II Memorial was dedicated in Washington, DC. It is a stunning tribute to our men and women in the armed services. Unfortunately, most of our World War II veterans have never had the opportunity to see what was erected in their honor. The youngest of our WWII veteran is 87. The mission of Honor Flight is to transport America’s veterans to Washington, D.C. to visit the memorials at no cost, with current priority to WWII Veterans. Subsequent to the World War II Veterans, efforts then focus on Korean War Veterans followed by Vietnam War Veterans, honoring them both in a similar manner. Guardians, whose travel expenses are not paid for, accompany each Veteran to ensure safe travel. The program sweeps the nation but with the help of the Humboldt County Chapter and Gregg Gardiner this amazing program is coming to Mendocino County through the South Ukiah Rotary. We need to find these WWII veterans, If you are a WWII veteran or you know of a WWII veteran who resides in Mendocino County and is able to travel and has yet to see the memorial please contact 462-3555. Or visit www.southukiahrotary.org for an application. For the October 2013 trip we have room for 50 World War II and Korean War veterans and 35 guardians. The guardians pay their own way, and the cost to them is $1,000. If you would like to be a guardian please call or submit an application. Tom Brokaw had it right when he entitled his recent book “The Greatest Generation”. Never has so much been asked for by any one generation in our history. Any sized contribution can be made payable to North Coast Honor Flight and dropped off at Umpqua Bank in Ukiah, CA

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NINTH ANNUAL PURE MENDOCINO

Ukiah, CA – The Cancer Resource Centers of Mendocino County (CRCMC) are gearing up for the ninth annual Pure Mendocino event. The organic, locally sourced dinner will be held Saturday, August 24 at Paul Dolan’s biodynamic Dark Horse Ranch located on Old River Road. The event features an opening reception with wine tasting and a silent auction at 5 pm, a farm-to-table dinner at 6:00 pm, and live music from 7:30 – 10 pm. A limited number of pre-sold tickets will also be available for the biodynamic farm tour before the event at 4 pm. Pure Mendocino is the biggest fundraiser of the year for CRCMC and according to Executive Director Sara O’Donnell, “One hundred percent of all funds raised for the Cancer Resource Centers are used to provide ongoing services at no cost to those facing cancer in Mendocino County.” Chef Olan Cox of Mendough’s Catering and Wood Fired Catering will lead a team of chefs to prepare this year’s meal, and silent auction items feature vacation rentals (at local B&Bs and in Tahoe), picnics at local wineries, handcrafted furniture, yoga lessons, and more. After dinner, dance the night away to live music by blues legend Rick Estrin and the Nightcats. Estrin serves up fresh and modern original blues injected with a solid dose of gritty roadhouse rock ‘n’ roll. The Nightcats include jaw-dropping guitarist Chris “Kid” Andersen, singing drummer J. Hansen, and dynamic multi-instrumentalist Lorenzo Farrell (electric and acoustic bass, organ and piano). CRCMC provides cancer support services to patients and their families free of charge, including help with navigating our complicated medical system, assistance with deciding which treatment is right for each individual, preparing for medical appointments, attending and recording medical appointments, and offering a lending library full of excellent resources. CRCMC also offers support groups. For more information, visit crcmendocino.org. To date, major sponsors of Pure Mendocino include Frey Vineyards, Dark Horse Farming Company, Fetzer Vineyards, Golden Vineyards, Westport Hotel, Ukiah Valley Medical Center, and more. Tickets are $135 each and must be purchased in advance—they’re available online at puremendocino.org or at the CRCMC Offices (inland at 590 S. Dora St, Ukiah or on the coast at 45040 Calpella St, Mendocino). For more information call 937-3833 or 467-3828.


Mendocino County Today: July 18, 2013

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THIS JUST IN. The Mateel Community Center, Garberville-Redway, has decided not to use ammonium sulfate to green up the grass on their Eel River venue for Reggae on the River.

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REPORTS FROM POINT ARENA say the salmon are running thick and big, with lots of them upwards of 20 pounds. $8 a pound off the boat.

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LOSING FOCUS: Congressman Jared seems lost. With all the many and serious challenges we face, our representative has decided to fight back by holding a … photo contest! After our initial reaction of disgust and disappointment, we entered a photo in this contest, chronically Mendocino Redwood Company’s extensive chemical warfare above the upper Albion River last summer. (MRC poisons around 5,500 acres in Mendocino County every year.) Congressman Huffman says the two photos with the most “likes,” as of noon, July 18, will be featured on his Facebook and Twitter pages. You can help Jared focus by voting for our photo here:

https://www.facebook.com/photo.php?fbid=280720425400106&set=a.280717998733682.1073741831.200227780116038&type=3&theater

Mike Kalantarian, Navarro

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“FUKUSHIMA, NEVER AGAIN” tells the story of the Fukushima nuclear plant meltdowns in northeast Japan in March of 2011 and exposes the cover-up by Tepco and the Japanese government. This is the first film that interviews the Mothers Of Fukushima, nuclear power experts and trade unionists who are fighting for justice and the protection of the children and the people of Japan and the world. The residents and citizens were forced to buy their own geiger counters and radiation dosimeters in order to test their communities to find out if they were in danger. The government said contaminated soil in children’s school grounds was safe and then when the people found out it was contaminated and removed the top soil, the government and TEPCO refused to remove it from the school grounds. It also relays how the nuclear energy program for “peaceful atoms” was brought to Japan under the auspices of the US military occupation and also the criminal cover-up of the safety dangers of the plant by TEPCO and GE management which built the plant in Fukushima. It also interviews Kei Sugaoka, the GE nulcear plant inspector from the bay area who exposed cover-ups in the safety at the Fukushima plant and was retaliated against by GE. This documentary allows the voices of the people and workers to speak out about the reality of the disaster and what this means not only for the people of Japan but the people of the world as the US government and nuclear industry continue to push for more new plants and government subsidies. This film breaks the information blockade story line of the corporate media in Japan, the US and around the world that Fukushima is over.

FNAFUKUSHIMA NEVER AGAIN will play Monday July 22nd, 7pm, at The Saturday Afternoon Club, 107 S. Oak St, Ukiah. There will be light refreshmsnts, snow cones and a cooling system provided to beat the heat. A question and answer session will follow. Find out what can be done to break the media blackout. Sponsored by Fukushima Response Mendocino, The Mendocino Environmental Center, Yemaya Seaweed Co. and The Service and Justice Committee of The Ukiah United Methodist Church. Donations accepted. Contact Charlie Vaughan 707-367-2194

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“IT WAS AN ACCUMULATION of velvet, lace, ribbons, diamonds and what else I couldn’t describe. To undress one of these women is like an outing that calls for three weeks advance notice; it’s like moving house. (— Jean Cocteau, 1913)

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RESIDENTS OF SINKING CALIF. SUBDIVISION FILE CLAIM by Tracie Cone

LakeportSinkingIn a Monday, May 6, 2013, file photo Robin and Scott Spivey walk past the wreckage of their Tudor-style dream home they had to abandon when the ground gave way causing it to drop 10 feet below the street in Lakeport, Calif. The homeowners of the sinking Northern California subdivision have filed claims against the county, alleging a leaking county water system is to blame. (Photo: Rich Pedroncelli)

For months homeowners agonized as houses in their subdivision sank one-by-one into a California hilltop. It got so dangerous that the U.S. Postal Service refused to deliver mail.

Now, they say they know the reason eight homes were destroyed and 10 others are in danger, and they’ve taken the first step toward recouping damages by filing a claim against Lake County.

A leaking county water system that went undetected for months saturated the hillside and caused the ground to give way, said Michael Green, an attorney for the 41 homeowners in the subdivision with sweeping views of Clear Lake in Northern California.

Green is seeking $5 million for each homeowner in the claim filed last month against the county.

“They’re facing a pretty significant economic disaster,” he said.

County officials did not immediately respond to requests for comment. They have 45 days to respond to Green’s claim for damages before he can file a lawsuit.

Lake County supervisors previously asked Gov. Jerry Brown to declare a disaster area, but the request was declined.

The county has maintained that a landscape irrigation system operated by the Lakeside Heights homeowners association could have contributed to the ground saturation.

As home after home sank into the hillside, bewildered homeowners began to wonder if their land might be haunted.

Eventually, tests revealed leaks “dumping substantial amounts of water into the hillsides,” Green said.

He said even the owners of homes not damaged by the sinking earth are suffering damages because they will be unable to sell their property.

“We’re just trying to get these folks reasonable compensation,” he said. (Courtesy, Associated Press)

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McBride

McBride

ON JULY 16, 2013, at about 10:30am a Deputy Sheriff from the Mendocino County Sheriff’s Office observed a male driver talking on his cellular telephone while driving in the 42000 block of Highway 101 in Laytonville. A traffic stop was conducted near milemarker 60 and the driver, 36 year-old George R. McBride of Willits, was contacted at the driver’s side window. While standing outside the driver’s side of the pickup, the deputy detected the strong odor of both burned and unburned marijuana emanating from inside the passenger compartment of the vehicle. A search of the truck revealed 14 one pound bags of bud marijuana hidden behind the seat. McBride was arrested for possession of marijuana for sale and transportation of marijuana and transported to the Mendocino County Jail, with bail set at $30,000.

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A BOOK IS BETTER THAN A BOX OF CHOCOLATES

by Ralph Nader

Summer is an ideal season for jolting your mind into action by expanding your reading horizons. So shut off the computer and the television, put away the various gadgets, close your email and pick up a good book. There are plenty of entertaining choices for your reading pleasure, but the following titles are ones that I have enjoyed. They all address the serious pursuit of justice/happiness side of the written word.

1. Gaining Ground: A Story of Farmers’ Markets, Local Food, and Saving the Family Farm by Forrest Pritchard(Globe Pequot Press, 2013).

This is the personal story of a 21-year-old college graduate who, against his family’s advice, took over part of the family land in Virginia and, in less than twenty years, turned it from a working farm making only $18.00 in profit in the previous year into a bustling organic farm/community that is making an expanding family farming livelihood worthy of wider emulation.

2. Why Jury Duty Matters: A Citizen’s Guide to Constitutional Action by Andrew Guthrie Ferguson (NYU Press, 2013).

I remember when Andrew was born. His mother gave him lots of attention, while also, then and now, directing the Pension Rights Center. The time was very well spent. For Andrew grew up to become a lawyer, a public defender, teacher and now an author who urges you not to be one of the too many citizens who under-appreciate and avoid the greatest civil institution of Anglo-America law – the jury. This is a brilliant and motivating plea to please serve when summoned.

3. Nuclear Roulette: The Truth About the Most Dangerous Energy Source on Earth by Gar Smith, Ernest Callenbach, Jerry Mander (Chelsea Green, 2012).

Civic Leader and editor emeritus of Earth Island Journal needs a whole documented book to cover the myriad present and deferred costs, colossal risks, and institutional insanity around this uninsurable, national security danger, this posterity poisoning and dictatorial technology – all designed just to boil water. As he demonstrates, there are many better renewable and efficient ways to produce electricity that the people are already using to displace the utter madness of nuke power plants, that even Wall Street won’t finance without a 100 percent Uncle Sam guarantee.

4. Contagious: Why Things Catch On by Jonah Berger (Simon and Schuster, 2013).

Sure, this fast paced little book concentrates on how products, online content and some news catches on and spreads. As a marketer, you’ll love this readable volume. But as a fretting citizen, you’ll also see ways to become stronger with your message and your activities. For the impatient, Berger has it down to “six principles of contagiousness” you can put into practice.

5. No Time to Lose: A Life in Pursuit of Deadly Viruses by Peter Piot (Norton, 2012).

This clinical microbiologist has been there – in the most dangerous African hotspots to the executive directorship of UNAIDS. He’s warning us that the real mass terrorists are those we cannot see with the naked eye, until, that is, their ravages eat their victims alive. This is a wakeup call to adopt the priorities and resources that can disprove Louis Pasteur of the nineteenth century who was heard to say “Gentlemen, it is the microbes who will have the last word.”

6. Our Commonwealth: The Hidden Economy That Makes Everything Else Work by Jonathan Rowe (Berrett-Koehler Publishers, 2013).

These are the last concrete, inspiring, challenging words of the late Jonathan Rowe who practiced what he preached but also preached what he practiced in Point Reyes Station, California (population 350). Public land, public airwaves, the air, the water, the oceans, the Internet, the sun and more human-made commons are what these brief and clear essays cover. Rowe describes the emerging movement to protect the vast commonwealth owned by the people. Gird yourself to see nature and human ingenuity in a very different light. A whole new world could come into focus.

7. American Canopy: Trees, Forests and the Making of a Nation by Eric Rutkow (Scribner, 2012). They’re all around us. We either take them down, or take them for granted. Rutkow does not. In his imaginative book, you tour with him and savor just what trees and forests have meant to our country’s history – and will mean for our future. Author S.C. Gwynne calls the book “a wonderful magic. He takes the most obvious of things – trees – and weaves an astounding and complex narrative that ranges across American history, from Johnny Appleseed to Henry David Thoreau, from Franklin Roosevelt to John Muir. You come away thinking that this country was, well, built out of trees.” Note Rutkow does not neglect climate change.

8. Dollarocracy: How the Money and Media Election Complex is Destroying America by John Nichols and Robert W. McChesney (Nation Books, 2013).

There they go again. These advocates do not give up. Nor should we. Events have proven their prior works as understatements. With the mighty help of five corporatists on the U.S. Supreme Court, corporations and their wealthy bosses are “radically redefining our politics in a way that, failing a dramatic intervention signals the end of our democracy. It is the world of Dollarocracy.” The authors show ways out of this dictatorial compression chamber. Assuming that is, you become indignant enough.

9. The Rich Don’t Always Win: The Forgotten Triumph Over Plutocracy that Created the American Middle Class, 1900-1970 by Sam Pizzigati (Seven Stories Press, 2012).

Veteran Labor Journalist Pizzigati challenges us with the question: If our forebears took on plutocracy to uplift most Americans and strengthen laws on business rampages, what’s our excuse? Some of the big/progressive/populist changes by average people over a century ago came before the wide use of the telephone, electricity, motor vehicles on smooth highways and other instant means of retrieving and communicating information symbolized by the Internet. Read this book for the answer. We have no excuse is what I think.

10. A recent oldie that merits revisiting. Daniel Berrigan: Essential Writings (Orbiz, 2009). A Jesuit priest, poet and ardent peacemaker, who paid the price, Father Berrigan truly walked his talk. Imprisoned for civil disobedience against the War Machine, he came back again and again, shaming prosecutors and judges alike, with his powerful books, diaries, poems and homilies. It seems that Berrigan’s faith and witness came down to his practiced religion and the belief that reality is truth and truth is reality. These writings will touch your conscience and expand your cognition.

11. Another oldie. Take it Personally: How to Make Conscious Choices to Change the World collected by Anita Roddick, Founder of the Body Shop (Harper Collins, 2001).

Selections by many change advocates, including me, are in this book. But its genius, colorful layout, gripping photographs, searing posters against injustice, memorable quotations and pungent insights are tributes to the late, great Anita Roddick who, in moral terms, turned the business of business upside down. You can digest Anita’s activating nutrition minutes at a time and you’ll want ever more. It waits for you, however impatiently.

Did someone once say a book is better than a box of chocolates?

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 “GIVING IS A TREAT” CANNED FOOD DRIVE AT THE LIBRARY

County libraries accepting food donations through Aug. 17. Ukiah Daily Journal The Mendocino County Library is partnering with local food banks this summer in a canned food drive from June 16 to Aug. 17. The county library is joining more than 70 other libraries throughout California in the statewide “Acquire a Taste for Giving” campaign. The Giving is a Treat food drive will occur during this year’s Summer Reading program, called Reading is So Delicious. During the food drive, the county library will offer a Food-For-Fines forgiveness: for each nonperishable canned food item brought to any County library, $2 will be subtracted from a patron’s overdue fines. Only non-perishable, unexpired, store-sealed items will be accepted. No glass, please. The overdue book fine forgiveness program serves a two-fold purpose: it will help meet the needs of many hungry members of the community, and customers who have accumulated high fines will be encouraged to continue to use the libraries. “Libraries are a vital part of our communities,” said Mindy Kittay, Director of the Mendocino County Library. “They are the public education centers of our county, and the place you can turn to for the discovery of ideas, the joy of reading and creating, and the power of information. “We are very happy to begin this new program and hope to make it a tradition every year during Summer Reading.” Whether or not you have library fines, your contributions to the Giving is a Treat food drive are most welcome. “We hope the community will use this opportunity to help the libraries, while also reaching out to their neighbors and helping families that are struggling in this poor economy,” said Dan Hamburg, Chair of the Mendocino County Board of Supervisors. Canned food items will be accepted at the following locations: Ukiah Main Branch Library, 105 N. Main St., Ukiah. Willits Branch Library, 390 E. Commercial St., Willits. Fort Bragg Branch Library, 499 Laurel St., Fort Bragg. Coast Community Branch Library, 225 Main St., Point Arena. Round Valley Public Library, 23925 Howard St., Covelo. Bookmobile, Call 459-7850 for location schedule. For more information, please call 467-2590.

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PERILOUS, VERY PERILOUS

by Bruce McEwen

Fifth District Supervisor Dan Hamburg was in court the week before last, and a good thing, too. He was about to lose $35,000, and after paying $9,500 in election fines imposed by the California Fair Political Practices Commission earlier this year, and maybe spending another $10,000-plus in lawyer fees for burying his wife at home without a legal sign-off his fellow Supes have refused to reimburse, wealthy as Hamburg is, he surely didn’t want to get socked another $35,000.

The Supervisor arrived in court with an impressive retinue of supporters who included several tax-paid retainers. County Counsel Tom Parker, togged out in a pinstripe suit and Mr. Parker’s assistant, a pretty young woman in a fawn-colored skirt suit and high heels named Brina Latkin, formerly associated with Hamburg’s Ukiah attorney, Barry Vogel. And there were the usual miscellaneous Hamburgians whose cult-like devotion to the su­pervisor has been discussed before. It was quite a show.

The defendant was the disoriented-looking young guy out in the hall in bedroom slippers and baggy sweats that looked like he’d slept in them.

We would learn that young Matthew Hamburg had, completely outside all laws and procedures, been released from the County Jail and spirited away to a lock-up mental facility far from Mendocino County, the whole show paid for by local taxpayers.

The DA and the judge wanted to know how all this had happened.

The defendant, a pawn in this unprecendented maneu­vering, didn’t seem to know where he was. Ordinarily, the bailiff would have enforced the dress code for Superior Court. But the bailiff even had to allow a psych tech in who, called in at the last minute, was wearing shorts. She was Anderson Valley resident and Mendocino Mental Health senior crisis worker Beverly Bennett. Ms. Bennett said she had no idea she was coming to court or she would have dressed appropriately, and the bailiff made an exception by allowing her to stay.

A little background is in order here. Matt Hamburg’s latest legal problems stem from an episode back on May 5thwhen he got into some sort of beef at or near the Frank Zeek School in South Ukiah. He was reportedly using foul language at peak volume and blistering the sensitive ears of the young scholars on the playgrounds. The police were called, a dangerous high-speed chase ensued as Matthew lead cops down South State Street and out the Boonville Road to Shepherds Lane, site of the Hamburg property, where Matthew was finally run to ground and arrested after a scuffle with deputies. He was charged with recklessly driving to evade an officer, a felony.

Young Hamburg’s attorney is Carly Dolan of the Public Defender’s office. She is calmly capable in an office characterized by calm incapacity. She was immediately rushed — swarmed, really — by the Hamburgians when she appeared in the hallway.

“Oh, Ms. Dolan. Matt’s all better now, aren’t you, Matt? And Ms. Elliott, here, will be taking over. You know Ms. Elliott, of course, don’t you? Thank you, Ms. Dolan.”

Ms. Dolan’s comment the week before suggested that the Hamburg clan might be putting their political interests ahead of her client’s, and the judge had characterized visiting Judge Kossow’s work on the Hamburg case as “incompetent.”

Out in the hall someone had nudged Matthew forward, and he had made some perhaps rehearsed com­ments to Ms. Dolan when Katherine ‘Kit’ Elliott pointed up like an Irish setter to smile about how the Hamburgs had just retained her services and she would be substi­tuting in. “Thank you, Ms. Dolan,” but here’s your hat and what’s your hurry. Ms. Elliot will be taking over for you.

When Ms. Dolan finally got to the courtroom she was still attorney of record. She seemed a little overwhelmed. But that’s her natural expression. If you had any idea what she endures daily, you’d understand. She’s one of the few public defenders with a sense of humor, and enough sense of propriety to conceal it. They call her Olive Oil at the jail, but in any sane county she’d be running the Public Defender’s Office instead of taking orders from Linda Thompson who does such a bad job that her in-custody clients charged with serious crimes routinely ask to have her removed from their case or ask for new trials based on ineffective assistance of counsel.

Judge Moorman called the Hamburg case and mentioned the bench warrant for Matt Hamburg’s arrest she’d issued the previous week, explaining that she had no choice in the matter after 14 days of holding the warrant from the first time Mr. Hamburg had failed to appear. By law, she had to issue it. Young Hamburg, having been magically released from the County Jail and hustled off to Yuba City by County Counsel, the Mendocino County Mental Health Department and, apparently, the Public Defender’s office, acting at the behest of Supervisor Hamburg but unaware of what was happening to him, had blown dad’s $35,000 bail. Judge Moorman’s bench warrant meant that cops would have to re-arrest him for bail jumping.

“I had no information as to his whereabouts, and I still don’t know where he was,” Judge Moorman said.

“He was at North Valley Behavioral,” Dolan said.

North Valley Behavioral is a mental health crisis facil­ity in Yuba City. They have 16 beds for adults deemed in crisis. Mendocino County has an agreement with North Valley which requires the County to pay $825 per day for patients the County sends to Yuba City. Stays in this place are normally limited to three-to-five days. According to their website, North Valley Behav­ioral does not accept private placements or walk-ins, only county assignments. Private placements or walk-ins are unlikely to have the $825 per day.

“What was the nature of his residence at North Val­ley Behavioral?”

Dolan turned and gestured to the clutch of suits stand­ing in the doorway and said, “Mr. Pinizzotto would like to address the court on that point, your honor.”

County Counsel Tom Parker, his female assistant Ms. Latkin, and a short gray-haired man, who turned out to be County Mental Health Director Tom Pinizzotto, scurried forward to the defense table, but the judge had more to say about the warrant, and she seemed to be speaking to Dan Hamburg and his daughter Laura who had taken seats in the gallery.

“When you post bail, that is a monetary promise to appear, and when the defendant failed to appear, the court had no choice but to forfeit the bond because it was unclear as to his whereabouts.”

At this point it became clear that the supervisor was unaware of the complicated logistics done on his son’s behalf by County employees. It’s doubtful he would have sacrificed 35 grand simply to get his son out of the County Jail.

“If I may, your honor, give the court a brief timeline,” Pinizzotto interrupted. “On 5/5/13 he (Matthew Hamburg) was arrested and his competency was in doubt by the public defender; then on 5/30/13 he was 5150, and on 5/31/13 he was bailed out—”

“Wait a minute,” Judge Moorman broke in. “He was 5150 while he was in custody? How can that happen?”

How indeed. That adjudication has to be adjudicated. In court. An inmate can’t be declared 5150 and sprung from custody outside the judicial process.

The judge’s question caused much confusion on the part of the delegates from the County offices. The entourage huddled hastily with Mr. Parker. DA David Eyster seemed unaware that his jaw had dropped to the floor. He looked at the Judge like a man who felt he was owed an explanation. A junior prosecutor, Deputy DA Damon Gardner was handling the case for The People. It seemed that something spectacularly unusual, if not downright unlawful, had taken place and DA Eyster was present throughout, marveling with wide-eyed wonder as the scope of the shenanigans became evident.

“Under what circumstances?” Judge Moorman demanded of Ms. Latkin. The judge wanted to know how young Hamburg had been declared a 5150.

“For three days,” Ms. Latkin said. “He wouldn’t come out of his room at North Valley and Judge Mayfield granted the conservatorship.”

Judge Moorman clapped her hand to her head. Something had just occurred to her, it was plain to see, and in a few minutes we were to learn what it was. But first, she wanted to know, “Who placed him (Matthew Hamburg) at risk, Mr. Parker?”

Matt Hamburg, in custody at the County Jail, had been declared incompetent, removed from the Jail and taken off to Yuba City. Everyday 5150s who are not in custody, and there are lots of them in Mendocino County, must have the agreement of a judge and the DA on how they will be processed in the criminal justice system and on into whatever mental health programs may be available to them. It hadn’t happened that way in the Hamburg case.

Parker stammered inarticulately. There was still much confused scrambling about in the courtroom. Supervisor Hamburg hung his head and shielded his eyes with his hand. Parker fell silent.

“But you understand my concern, don’t you, Mr. Parker? There was no notice given to the court, no letter to the Public Defender’s office or to the DA!”

Judge Moorman waited but County Counsel Parker had nothing to say. What could he say? Parker had done somersaults to bypass usual legal commitment proce­dures. The judge resumed: “The client-lawyer rela­tionship is one I take quite seriously, I warn you, and if I find that there’s been any interference in that relation­ship, that would be perilous, very perilous. Now, it sounds to me like some County resources were used to do the 5150 without the court’s permission. But what I want is this not to ever happen again, so I’m going to recall the bench warrant, and I sincerely hope this has been a lesson to everyone involved.”

Supervisor Hamburg had just been granted a $35,000 reprieve. The Hamburgians in the gallery breathed a collective sigh of relief.

“However,” Moorman resumed, “I refuse to sign the placement order. A 1368 trumps a 5150 — and a conservatorship. Does anyone in the room know—?”

(A 1368 is legal shorthand for a hearing to determine if a defendant is competent to stand trial and participate in his own defense, per Penal Code Section 1368. You have the 1368, then you deal with the 5150 designation if the subject really is crazy.)

Ms. Elliott, self-declared attorney for the Hamburgs, rose and made her way forward, repeating that she’d been contacted by the family to substitute for the Public Defender.

“Not now,” Moorman said irritably, lashing Elliott back to her seat.

“Does anyone know how Matthew is right now?” Moorman asked.

Ms. Dolan resumed her skillful defense of Matthew Hamburg, as if his influential family were beside the point. Although she did falter a trifle. She said she’d just spoken with her client in the hall outside and was ready to withdraw her earlier assertion that he was unable to participate in his own defense.

“I had serious doubts before, but he seems much bet­ter today,” Ms. Dolan beamed with a fey glance over her shoulder at the Supervisor seated behind her.

Katherine Elliott again stood up.

“I’m ready to substitute, your honor. I’ve handled numerous 1368s and I’m ready to take the case forward.”

Judge Moorman said, “Please sit down, Ms. Elliott. The defendant has perfectly capable counsel at present.”

“Yes, your honor, but I’ve been asked to—”

The Hamburg purse, it seemed, recently having escaped a $35,000 withdrawal, was being opened to a private lawyer, so the Hamburg family voice would have a direct say in the proceedings via said private attorney.

As a county-paid lawyer Ms. Dolan, in a sense, works for Dan Hamburg — he is a County Supervisor, her superior, her her boss, but here she was hanging on to the case.

“He’s made a turnaround rather quickly,” Dolan said with a little jet of enthusiasm.

If a mentally ill person makes a dramatic behavior change it probably means his meds have been changed from the wrong meds to the right ones. In any case, someone has to make sure the mentally ill take their meds, and right there is where “the system” often breaks down.

Addressing the gallery, Judge Moorman said, “Keep in mind that a lot of taxpayer money is going into this proceeding and what I want to know is where is he now? Is he still at North Valley?”

“He has not yet been discharged,” Ms. Latkin, Assistant County Counsel, said, and Judge Moorman was sud­denly reminded of her earlier consternation.

Moorman fixed her sights on Ms. Latkin and fired.

“When you went to Judge Mayfield for the conserva­torship, did you tell her that criminal proceedings against Mr. Hamburg had been suspended because of a 1368?”

Ms. Fawn stammered, “Well, I, umm, don’t really, um, recall, exactly, everything that was said… I’d have to look at the file and see. I don’t really remember, um, all of our conversation. I can’t say.”

“Okay,” Moorman said impatiently. “Where is this North Valley Behavioral?”

“It’s in Yuba City, California,” Pinizzotto said.

“What?! You physically removed him [Matthew Hamburg] out of the county when he was deemed men­tally incompetent on a felony?!”

DA Eyster seemed to be enjoying the ongoing spectacle. He’d recovered his mandible and was popeyed with delight at this latest gaffe.

Moorman said, “Okay, that’s it. I’m going to take a recess and call in Dr. Kelly.”

A knot formed as the crowd moved towards the door. Supervisor Hamburg sidled up to County Counsel Parker and spoke his first words in the courtroom.

“Geez, I guess it’s turned into a real mess, huh?”

Parker noticed me sitting in the area reserved for the press with a pen poised over my notebook and deftly ushered our Supervisor out of earshot. When they’d mostly all adjourned to the hall, Moorman sent Dolan for her client, young Mr. Hamburg.

“I’m going to re-appoint Dr. Kelly now,” she told Matthew Hamburg. “I want to find out if you’ve been restored. We’re all concerned about your mental health, so I want you to go to Dr. Kelly’s office and talk with him again. Come back at 4:00 or 4:30, however long it takes, and we’ll decide what to do.”

Ms. Elliott made another attempt to substitute for Ms. Dolan, but Judge Moorman wasn’t having it.

“I’m not inclined to agree to the substitution without him signing the form, and he must first be deemed competent to sign. If he’s found competent by Dr. Kelly we’ll take up these other issues at that time.”

I had to go to the dentist at 3:30 and didn’t make it back by 5:00.

But neither did Matthew Hamburg and the matter was put over for another week.

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DETACHMENT & STYLE

It is an occupational hazard of the journalist to get caught up in the story, the deeper you dig the more you realize how desperate a give situation is and the more you realize something must be done; so you report the facts, the sobering facts, and still the world whirls on, the populace concedes, yes, it is a dismal situation, but they go on about their lives, saying in essence “it’s too much, the powers are too great, and we are simple folk with modest expectations.” Perhaps they need to be shown how it’s done. So you lock yourself to a piece of heavy equipment to stop the destruction until after eleven days they come and cut you loose and take you off to jail. This is what happened to Will Parrish, who was arraigned last Wednesday on three counts of trespassing, an infraction. The DA asked for 12 months of probation and charges of $250 for each day Parish was on the work site of the Caltrans Willits bypass, plus approximately $250 in fines and fees totaling about $3,000. Judge Richard Henderson gave Parrish a couple of weeks to think it over and released him on his own recognizance on the condition that he stay away from the bypass work site.

Carl Sandburg was a socialist and activist until he realized it was hurting his credibility as both a journalist and a poet. It was only after his friend Amy Lowell mentioned to him that his poetry was beginning to read like propaganda, that he finally left the Socialist Party; and then, not entirely coincidentally, the resulting detachment enabled his career as a journalist to develop. “The Sandburgs never again affiliated with a political party, although they supported liberal causes all their lives. But as Sandburg’s identity and visibility as a journalist grew nationally, his detachment from party politics was essential to his credibility.” (— ‘Carl Sandburg, A Biography’ by Penelope Niven.)

Mendocino County Today: July 19, 2013

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ANOTHER REASON not to shop at Walgreens. The Starbucks of drug stores is 
refusing to sell the current edition of Rolling Stone because it has a
 picture of crazy-boy Boston bomber, Dzhokhar Tsarnaev, on the mag’s cover.
 A range of demagogues from Boston’s mayor to rollodex faculty “experts” 
claim the photo of Tsarnaev flatters him and insults his victims. But 
that’s what the killer happens to look like and the article inside 
certainly cannot be described as flattering.

tsarnaevcoverTHE MAGAZINE has issued this entirely reasonable statement: “The fact that
 Dzhokhar Tsarnaev is young, and in the same age group as many of our 
readers, makes it all the more important for us to examine the
 complexities of this issue and gain a more complete understanding of how a
 tragedy like this happens.”

TRANSLATION: This guy is so much like the many young people who 
read Rolling Stone, that we wanted to try to understand how a kid who smokes dope and 
listens to bad music all day could go out and kill large numbers of 
people.

FOR THIS the magazine is banned?

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Illston

Illston

A COUPLE of weeks ago, Susan Ilston, a Frisco-based federal judge, told 
the FBI it couldn’t withhold information the agency had “gathered” on
 NorCal’s Occupy movement. The G-Men claimed “privacy, security, law 
enforcement concerns, and that the national security” forbade them from 
revealing the documents to the suing party, the ACLU.

ONE OF THE SPY DOCUMENTS, the FBI claimed, “would threaten serious damage to 
the national security” because it would reveal “penetration of a specific target.”

THE JUDGE pointed out that the FBI hadn’t explained how the national 
security might be damaged by these revelations.

I’LL BET THE FBI will come back with one of their black-out specials, a seemingly random pile 
of paper with every other word blacked out, and the judge will say, “Thank
 you, boys. Keep up the great work keeping US safe.”

RedactedI MAKE these cynical remarks from first hand experience observing the SF 
federal courts in drug cases involving Mendo people and the case of my 
friend, Pol Brennan, an Irish nationalist. (And random other high profile
 events and personalities over the years.) The judges were… well, let
 me put it this way: if these people are all that stand 
between US and a straight-up police state, get ready for a police state.

BACK A WAYS, I sent off for my own federal file. Among other laughable 
inaccuracies in between whole paragraphs of blacked-out gibberish, the FBI placed me on a continent where I did 
not happen to reside at the time. Conclusion? Not only does the FBI and,
 presumably, the umpty-many other tax-funded spy agencies allegedly keeping
 US from “harm’s way,” a phrase I was tired of the second time I heard it,
 routinely violate what are supposed to be our guaranteed protections 
against this stuff, they’re so incompetent that much of the information 
they collect is wrong.

SORRY for grabbing you by the shirt collar and shrieking at you like this,
 but, as most of our readers know, all of this is occurring in a context of 
summary global execution. The killing of alleged terrorists via drones is
 creating more terrorists faster than we can kill the real ones, and not only the real ones (maybe) but their
 wives, their children, and whoever else is unlucky to be with them when
 some dull-normal sitting in a recliner at an Air Force base in Omaha
 murders them from six thousand miles away.

IssaDoc========================================================

HELEN BUSHBY

Helen Bushby, age 75, born December 29, 1938, passed away Monday night, June 24th at her home surrounded by loved ones in Ukiah, California. Helen is survived by her husband Tony Bushby, sister Betty Phillips, seven children, 16 grandchildren and all the great-grandchildren. Helen was preceded in death by her parents Bill and Ann Riggs, and her brother Earl Riggs. She married Tony her love of 49 years on May 9, 1964. She owned and managed many restaurants including The Greenwood Cafe in Elk and The Flicker Inn in Redwood Valley, Sambo’s and Club Fort Bragg just to name a few. Helen liked selling crab and fish at Ukiah Farmers Market. She loved her having all her pets and working outside in her flower garden. No services will be held at her request. The family wishes to extend their gratitude to Dr. Ives and the staff at DCI and Ukiah Hospice. In lieu of flowers, memorial donations may be made to HOHS Dialysis Fund.

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ManningCourtroomJUDGE DENISE LIND, who’s presiding over the Bradley Manning leak-trial, did not dismiss the “Aiding the Enemy” charge against Bradley Manning, stating that the Army did present evidence that Manning should have known, based on his training, that the enemy would be able to access the information he released to Wikileaks. She also stated that evidence was presented that Manning did know that the enemy could use the SIGACTS (mapping of incidents in a region) he leaked in the same manner that the Army uses them. Judge Lind read into the record the evidence that she determined met the elements for the charge. If the judge gives weight to that evidence when she enters her final verdict at the conclusion of the case, it does not look good for Manning or Press Freedom in America. The result would be chilling for whistleblowers or anyone that publishes information on the internet that could be used by the “enemy.” Manning has already pleaded guilty to illegal use of information that he had the right to access. The chilling issue here is that with no contact with the enemy, Manning could served life in prison without the possibility for parole. Bradley Manning did not give the information to an enemy of the United States, he gave it to the media. Even if you don’t believe Wikileaks is the media, Judge Lind asked the Army on two occasions the following: If the documents were released to The New York Times and not Wikileaks would you still have brought the same charges? The Army’s response on both occasions was “Yes Ma’am.” So precedent that would be set here with a guilty verdict is that providing information to any media organization can result in a conviction for aiding the enemy. Where is the line? How often have we all crossed it? (— Scott Galindez, co-founder of Truthout, now Political Director of Reader Supported News.)

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22ND ANNUAL ART IN THE GARDENS — BIGGEST & BEST EVER! The 22nd Annual Art in the Gardens 2013 is shaping up to be the biggest and best Art in the Gardens the coast has ever seen, with 50% more vendors participating over last year! http://www.gardenbythesea.org/enews/gate.cfm?issue=164&ea=ava@pacific.net&xfa=enews.article&article_id=246

RHODY’S GARDEN CAFE OPENS! The Mendocino Coast Botanical Gardens is proud to announce that it has opened a new cafe; on premises serving reasonably priced, fresh, locally produced foods in a garden setting. The initial response has been wildly enthusiastic. http://www.gardenbythesea.org/enews/gate.cfm?issue=164&ea=ava@pacific.net&xfa=enews.article&article_id=247

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SUPPORT WILL PARRISH! Write to District Attorney David Eyster In Brief: Will demanded a jury trial, and District Attorney David Eyster responded by throwing the book at him. Will is being charged with 16 misdemeanors. His maximum jail sentence is eight years. Get guidance on writing to DA Eyster by clicking on the link below! Joined by a crowd of two dozen supporters, Little Lake Valley Defender Will Parrish attended his arraignment yesterday morning, July 12th, at the Mendocino County Courthouse. Local attorney Omar Figueroa is representing him pro-bono and doing an excellent job. County District Attorney C. David Eyster had charged Will with three identical infractions, meaning Will would be ineligible for a jury trial where he could argue his case to other members of the public. Supporters suspect this move was aimed to exclude such a trial. Will intends to take the case to jury and, for that reason, was looking for the charges to be elevated to misdemeanors. The judge stated that he wasn’t aware of any statutes allowing this to occur, but defense attorney Omar Figueroa was ready with case law supporting Will’s right to have a jury trial. Eyster, who seems to be taking a personal interest in the case, said that he had already found charges that would be mutually agreeable. Then he stated that he would be filing different charges now that they need to be misdemeanors. More than simply re-filing the case charging Will with misdemeanors, Eyster decided to throw the book at the locally well-known journalist and activist. Will is being charged with 16 misdemeanors, which include a separate charge of “Unlawful Entry” for every day he was on the wick drain derrick. He is facing a maximum prison sentence of eight years! Will opted to maintain his right to a speedy trial, meaning as of now there will be a quick turnaround in the case. Will’s Court Schedule:

July 24th, Pre-trial conference.

Aug 1st, “Motion in limine.”

Aug 5th, Jury trial begins at 9am

(Courtesy, SaveLittleLakeValley.org)

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AN EIGHT-YEAR-OLD GIRL WAS KILLED yesterday when a gunman shot up a home in the Dimond area of Oakland, an area of town usually spared the mayhem now prevalent in Oakland. Two other children, 4 and 7, and the children’s grandmother suffered minor injuries. The Chron’s comment line instantly filled with sarcastic remarks from white (undoubtedly) wahoos along the lines described here by a sane commenter: “We can all make the ‘where are the protests now?’ comments, but the sad truth is that this will not become a national news story, will not be picked up by cable channels, and will fade away with the next big atrocity. In places like Chicago, New Orleans, Camden, and yes Oakland, ‘communicide’ is barely newsworthy, and it’s always somebody else’s fault anyway. You used to be able to run to the suburbs, but they’re no better these days…”

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FRIENDS OF THE EEL RIVER and Californians for Alternatives to Toxics have filed an appeal challenging a Marin judge’s dismissal of the groups’ lawsuit against the North Coast Rail Authority. In May, a Marin County judge dismissed a two-year lawsuit aimed at stopping the North Coast Rail Authority from expanding rail operations from Napa County to Willits. The original lawsuit was filed a July 2011 when the two groups contended the NCRA should be forced to conduct an in-depth environmental review along the entire length of rail line from Napa County to Arcata before expanding rail operations along any corridor. It typically takes between 18 months and two years to resolve an appeal of this type. Freight railroad operations were restored to Windsor in 2011. Restoring rail service north of Windsor remains a matter of financing, says NCRA Executive Director Mitch Stogner. The total cost to fix the tracks to Redwood Valley was estimated at $12 million in 2012. A short term goal for the railroad is to restore the 23 miles rail between Windsor and Cloverdale. The cost for this stretch was estimated at about $5 million in 2012. The restoration would likely occur in even smaller increments. Restoring the 5.3 miles of track from Windsor to Healdsburg is estimated at $1.3 million. The 8.9 miles from Healdsburg and Geyserville, including about 90 feet of major repairs at Foss Creek, is estimated to cost $2.2 million. The 8.5 miles from Geyserville to Cloverdale is estimated at $1.5 million. Other than the area at Foss Creek the work is primarily to make track, signal and bridge repairs necessary. Typical track repairs include replacing ties, rails and leveling the track. The NCRA is seeking federal grants to help fund track restoration efforts, says Stogner.

Mendocino County Today: July 20, 2013

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MOTHER FACES JAIL TIME after allowing toddler access to meth, alcohol.

Delvalle

Delvalle

A Boonville mother who admitted to allowing her toddler son to ingest life-threatening amounts of methamphetamine and alcohol will serve 270 days in county jail as part of a suspended state prison sentence ordered by Mendocino County Superior Court Judge Ann Moorman. At sentencing hearing held on July 9th, the mother, Samantha Ann Margeret Dellvalle, age 22, was warned by the Court that a violation of any term of her probation will result in the young woman being sent to state prison for up to four years. Having reviewed the Probation Department’s social study of the defendant and sentencing recommendation, Judge Moorman announced in court that she had decided not to impose a state prison sentence at the outset on Dellvalle, allowing the defendant to, instead, be incarcerated in the county jail. The Court said it had reached this decision because of the defendant’s young age and lack of prior criminal record. Deputy District Attorney Shannon Cox argued for the imposition of a state prison commitment, citing the overall seriousness of the case and the fact the child could have easily died. Cox argued this was an appropriate case to be used to send a wake up call to other parents in community who may be similarly-situated. Dellvalle had entered a guilty plea on July 9th to felony child abuse and endangerment, following her earlier arrest in Boonville in March of this year. A co-defendant, Raymond Earl Mabery, age 21, was also charged with child abuse, but also with being under the influence of controlled substances and possessing drug paraphernalia. Prosecutor Cox said the case against Mabery, a relative of Dellvalle, is still pending. Dellvalle’s son was rushed to Ukiah Valley Medical Center by his grandmother who became concerned over how sick he appeared after she picked him up at Dellvalle’s house. At the hospital the boy was found to have dangerously high levels of methamphetamine and alcohol in his system. With proper medical care, the boy recovered and is now in the custody of his biological father. (— District Attorney Press Release)

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JUSTICE4SUSAN Keegan website announced.

Dr. & Mrs. Keegan

Dr. & Mrs. Keegan

Ukiah, California (July 19, 2013) – The friends and family of Ukiah resident Susan Keegan, whose death has been declared a homicide, will launch a website on July 23, 2013, honoring what should have been her 58th birthday. On the morning of November 11, 2010, Susan Keegan was reported dead in her Ukiah, California home by her husband, Peter Keegan, MD. Dr. Keegan – Harvard undergraduate, UC San Francisco medical school – claimed Susan abused drugs and alcohol and speculated that her death was either an accident or a suicide. Dozens of friends and family members told the Mendocino County Sheriff’s Department something very different – that Susan was a healthy and vigorous writer, artist, and community activist and a pillar of the Ukiah community in the midst of an acrimonious divorce. The day before Susan’s death, Dr. Keegan was reported to have “gone ballistic” in the office of their divorce mediator. The Sheriff’s office mishandled the early investigation and autopsy and released the body to Dr. Keegan, who immediately had his estranged wife cremated. Newly elected District Attorney David Eyster stepped in soon after and reopened the inquiry. Two search warrants have been executed on the Keegan home and in August 2012, Mendocino County officials amended the death certificate, citing “homicide” as the cause of Susan’s death. Law enforcement authorities say “there is a person of interest” in the case, but there has been no arrest and no prosecution. With the third anniversary of Susan Keegan’s death only a few months away, the Justice4Susan Committee wants answers. The web site provides details about the Keegan homicide, links to media stories, and offers opportunities for people to Stand up for Susan. AbouAbout the Justice4Susan Committee: We are personal friends and family members who knew both Susan Keegan and Dr. Peter Keegan well, and loved them both. Immediately after Susan’s death, each of us independently contacted the Mendocino County Sheriff’s Office to share our suspicions about the nature of her death. In time, we found one another and agreed that we had an obligation to Susan to seek the truth from the Mendocino County law enforcement community. Justice is our only goal.

Contact the Justice4Susan Committee: Justice4SusanKeegan@gmail.com

FROM THE WEBSITE’S HOMEPAGE:

On the morning of November 11, 2010, Susan Keegan, age 55, was reported dead in her Ukiah, California home by her husband, Peter Keegan, MD. Her death certificate identifies cause of death as HOMICIDE. There is one suspect in the case, but no one has been prosecuted. Family, friends and the taxpayers of Mendocino County are waiting for justice.

How long will the wait continue?

The arc of the moral universe is long, but it bends towards justice.” –Martin Luther King, Jr.

Speaking Out for Susan

Susan’s friends and family began pleading with the law enforcement community of Mendocino County to investigate her death from the moment it was announced. Those pleas continue to this day.

Her husband’s claim that this vibrant, healthy woman could have been sufficiently intoxicated to fall and hit her head seemed far-fetched. In the weeks before she died, some in the Ukiah community had received odd phone calls and unannounced visits from Dr. Keegan claiming Susan had become an addict. They knew it was untrue.

The law enforcement authorities eventually agreed. In August 2012, almost two years after her death, they amended her death certificate to call the death a homicide.


Those close to Susan told the authorities:

• “In all the years I knew Susan, I never saw her stumble or lose control. She was a sure-footed, strong and confident woman. She did not rush or act irrationally. She was intelligent, capable and careful…. I urge you to press for an investigation into this matter.”

• “Moderation was part of Susan’s character. She was clear-headed, rational, organized and very responsible… I am hoping that sufficient care, time and resources will be put into determining the cause of Susan’s death… It is easiest to deal with the truth, whatever it turns out to be.”

• “I feel that I know her well and that she was an exceptionally grounded, principled, and clear-headed person….”

• Susan and I were in especially close touch during this difficult period … I have firsthand knowledge of how she was spending her time, and what her emotional state of mind was. She was sad, but very forward-looking, and most certainly in full intellectual and emotional control. “

• “Nothing will bring Susan back. But painstaking investigation and vigorous prosecution are not only the duties of your office; they will also be a fitting tribute to our late friend.”

(For a complete summary of the case and related documents go to http://justice4susan.com/)

KEEGAN CASE SUMMARY (AVA, April 13, 2013)

ASSISTANT DA PAUL SEQUIERA issued this terse statement Thursday on the unprosecuted murder of Susan Keegan. “It’s still under investigation.”

REALLY? We’re not talking about the Kennedy Assassination here. We’re talking about the highly likely murder of a woman committed by her husband, a woman bludgeoned to death in her South Ukiah home by her doctor-husband of 30 years. What’s the hold-up? The DA might lose the case? This isn’t a ball game. We’re not compiling won-loss stats here. We’re talking about an unprosecuted crime. It’s way past time to arrest Doctor Keegan and prosecute him. Maybe he’s innocent. We won’t know until it’s sorted out in a public way, but this “it’s still under investigation” baloney has become insulting. If Joe The Tweeker’s wife had been found bludgeoned to death in the marital bower under similar circumstances, you can be sure that Joe would already be in his third year in the state pen.

IS THE KEEGAN case as simple as that? Maybe the DA can tell us. The doctor said he found his wife dead in her bathroom of the home they shared. He said she’d fallen and hit her head. The wounds to Susan Keegan’s head were not, however, consistent with a bathroom fall, hence the upgrade of the death certificate to homicide.

THE DOCTOR said his wife was a drunk and a pill-popper, an assessment that does not square with Mrs. Keegan’s busy daily schedule. She was a woman who got up every morning and did things, as her many Ukiah friends are prepared to testify. Pill-popping drunks don’t do much besides indulge themselves. If Mrs. Keegan was a drug-addled drunk the people she saw every day would have noticed. They didn’t.

SUSAN KEEGAN’S death has been officially ruled a homicide. There was one other person in the house when she died. That person, Doctor Keegan, didn’t offer any other explanation for his wife’s death than that he’d found her dead in her own bathroom and had immediately slandered her to the police as likely having fallen under the influence. He didn’t say he heard a possible intruder during the night or offer any other explanation for what might have happened to his wife. One death, one suspect, one death certificate that says homicide.

THE DA’S OFFICE under Eyster has yet to prosecute a single tough case. Sequiera was hired to prosecute tough cases. The endless delays in this one are starting to smell. How is it possible to have a homicide, one suspect — but no arrest, no prosecution? This kind of class-based prosecution policy has gone on for years in this county, most famously in the 1987 Fort Bragg Fires. In that one, a handful of crooks got away with burning the heart right out of the town. I could list a dozen major crimes from 1970 to the present that either went unprosecuted or some kind of cozy deal was worked out with the well-placed, well-connected perp.

SUSAN KEEGAN was a good person. She was prepared to leave the marriage and move on. Doctor Keegan was very angry, murderously angry, that half their property would belong to Mrs. Keegan, and he did what he did, which was to commit murder, a murder under investigation since November of 2010.

OUR LATE DA Norm Vroman even prosecuted egregious domestic violence cases, knowing they were iffy because the female victims refused to testify against the “man” who had beat them. Vroman prosecuted these cases anyway because they should have been prosecuted, win or lose.

EYSTER’S done some good things — his dope prosecution policy is a very good thing for the County — but letting woman killers slide because the cases aren’t airtight is signing off on murder.

KEEGAN MURDER CASE TIMELINE:

• November 11, 2010 — Susan Keegan reported dead at her Ukiah home by her husband, Dr. Peter Keegan.

• November 11, 2010 — Family and friends call Sheriff’s office and explain why death should be treated as suspicious.

• November 13, 2010 (approx) — Body released to husband and cremated shortly afterward.

• Fall 2010, Winter/Spring 2011 — Family and friends begin calling the Sheriff’s office and the DA’s office urging a full investigation.

• June, 2011 — Search warrant executed at Keegan home.

• Summer/Fall 2011 to Winter/Spring 2012 — Family and friends continue to call DA’s office inquiring about the status of the investigation. DA tells the public the case is “under investigation.”

• August, 2012 — The cause of Susan Keegan’s death is officially declared “Homicide.” Sheriff’s office tells media “there is a person of interest.”

• Fall/Winter 2012 — Family and friends continue to call DA’s office inquiring about the status of the investigation. DA tells the public the case is “under investigation.”

• January 2013 — Second search warrant executed at Keegan home. Family and friends continue to call DA’s office inquiring about the status of the investigation.

• April 2013 — Assistant DA says case is “under investigation.”

http://justice4susan.com/home/you-can-help/

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Carrillo

Carrillo

A SONOMA COUNTY reader writes: “Come on. Doesn’t anyone understand what was happening when Supervisor Efren Carrillo was caught ‘prowling’ with ‘sexual intent’ or planning some kind of burglary? Let’s put on our thinking caps. Why on earth would someone be wandering around a lawn outside an apartment complex late at night? Hmmm. The answer of course is that he just left another woman’s bedroom in a hurry when her husband came home. So when she heard the husband’s keys in the lock she immediately sent Carrillo out the window and kicked his shoes and pants under the bed and welcomed hubby home with open arms. Then, since Carrillo also probably knew the woman in the neighboring apartment, he knocked on her window so he could ask her to call a taxi for him. Hey! What would you do if you had left an apartment in a hurry with no shoes or pants and needed some help — discreetly. You’d probably knock on somebody’s door or window hoping that they would be understanding and not ask too many questions. Clearly, that plan didn’t work out and the supervisor was caught with his pants down. Of course none of that is a crime. I think they are postponing any serious hearing for at least a month while they wait for the husband to forget about when he came home and thinking, ‘Ohhhh — THAT explains why the bed was warm when I got home.’ The case would have gone ‘cold’ by then. The husband wouldn’t realize what had probably happened. I assume that when Efren bailed out of jail the woman he was with called him on her cellphone and told him she had thrown his pants and shoes in a dumpster. This kind of problem is not unusual for American politicians. It goes all the way back to George Washington and Ben Franklin. For example, there is a story about how George Washington caught pneumonia when he left a woman’s house without adequate clothing one time. I’m sure that somehow Supervisor Carrillo will escape this mess with the assistance of Doug Bosco, his patron, and Bosco’s newspaper, the Press Democrat, which Bosco owns a large share of. I don’t know if the PD would carry an ad offering a reward for the supervisor’s pants and shoes — no questions asked. But I expect that the case will be orchestrated by Bosco and high profile Sonoma County defense attorney Chris Andrian. In a way I feel sorry for Supervisor Carrillo. He was just looking for help in an awkward situation and he got arrested for stalking and attempted burglary. Sheesh!”

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PUBLIC EXPRESSION (sic), BOARD OF SUPERVISORS CHAMBERS, UKIAH, JULY 16, 2013.

John Sakowicz: I am speaking as a private citizen only. This Wednesday the Ukiah City Finance Director Gordon Elton is retiring. The city is doing a proclamation. With the help of the Anderson Valley Advertiser who did an article earlier this week, I would like to cite some of Mr. Elton’s dubious achievements: Hijacked redevelopment funds, of upwards of $1 million annually, for up to 10 years to pay for —

(Mumbling from Board Chair Dan Hamburg.)

Sakowicz: This is a non-agenda item. …to pay for this…

Hamburg: I realize that. I just don’t know where you are going with this, John.

Sakowicz: To pay for — well, he bankrupted the city.

McCowen: Excuse me, Mr. Chair. It’s not something that’s within our purview and public comment is for items not on the agenda but within our purview. I believe County Counsel could confirm that.

County Counsel Tom Parker: Yes sir.

McCowen: It’s not necessarily an open forum.

Sakowicz: This is for information purposes.

McCowen: It’s not an open forum.

Sakowicz: Okay. All right. Well, I will be publishing this and I will be reading it at the Ukiah city Council meeting on Wednesday.

Hamburg: Thank you. Thank you, John. Okay, others who would like to address the board?

Supervisor John Pinches: Mr. Chairman.

Hamburg: Yes.

Pinches: This is the first time — I have sat here for over 10 years, going on 11 years. This is the first time that I have ever seen public expression restricted in any way at this forum.

Hamburg: Well, um. (Clears throat). Ok.

Pinches: I don’t understand. I mean, three minutes of public expression should be three minutes of public expression. Period.

Hamburg: Well, thank you for that. Umm, Supervisor McCowen did ask for County Counsel’s opinion and he did concur.

Pinches: I disagree with that opinion.

Hamburg: Well, yeah. I hear you. I understand what you’re saying. And uh, Mr. County Counsel would you like to offer further consideration?

Parker: Yes. The, the public expression is for items that are not agendized as has been stated and is well-known. The — but my legal analysis is that the county has no jurisdiction over the city. Mr. Elton is not a county employee. The county could – the county would have no, no jurisdiction to agendize honoring Mr. Elton’s services to the public in general or the, to the city of Ukiah in particular. So it — that was the basis for my conclusion, there really is —

Hamburg: Yes, well. You know. I — I’ll let Supervisor Pinches speak but I do also have some concerns because now, you know, every time somebody speaks we are going to have to analyze whether it’s something we have purview over and that’s going to be a tough standard to meet, you know, fairly often.

Pinches: First of all, City of Ukiah taxpayers are also County of Mendocino taxpayers. They are the same group of people. If we are going to start selecting who can say anything and who can say what, I guess my first question would be, who’s going to be in charge of that?

Hamburg: Well, ostensibly, it would be the Chair with the advice of County Counsel. And you will be Chair quite soon.

McCowen: I am willing to leave it to the prerogative of the Chair, but, as a matter of law and Brown Act compliance, public expression is for matters under our purview but not on the agenda and the concern is not so much that the speaker rose to honor the city employee but his intent from his opening comments was actually the opposite. I do not think that is appropriate because that city employee really would have no equivalent forum in which to respond.

Hamburg: Yeah.

McCowen: So just kind of as a matter of decorum I did not think it was appropriate. But again, at the discretion of the chair.

Hamburg: Well, I agree. It’s a slippery slope. And it may be something we should talk about a little bit more after this meeting. But, I have to say, Supervisor McCowen, that I share your, your chagrin at somebody getting up to criticize someone who’s not a county employee. And again as you said, in a forum where that person has no — you know, I was thinking how someone once got up, and it’s not really that infrequent, somebody will get up and blast a supervisor or criticize some ill treatment they received in a county department from a particular individual working for the county and that never elicits a complaint from a Board member even if you happen to be the Board member who is getting wailed on, that comes with the territory. But to get up and wail on an employee who doesn’t even work for the county, I just don’t — I have a little bit of a problem with that. So I am going to rule that that comment was out of order and I will discuss it further with County Counsel and the CEO sometime in the future.

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PRESCHOOL MOVES OUT, BUT NOW HAS NO PLACE TO GO. HELP!

The Caspar Children’s Garden (CCG) preschool board of directors has been working since early spring on an agreement to move their program to the farm house located at the Mendocino Coast Botanical Gardens (MCBG). This past week the board was unexpectedly informed that the Botanical Garden was no longer interested in renting to them. CCG has already spent over $8000 (almost half their savings) applying for a County use permit (in conjunction with the MCBG and their landlord, the Mendocino Coast Recreation & Park District) and were willing to make improvements at their own expense. With this disappointing news, the program is now in need of a new home. The preschool has 25+ years experience running a successful business serving hundreds of families; a team of experienced teachers; a large group of parents waiting to enroll their children this fall; and a storage unit packed to capacity with all the materials and furniture that belong in an early childhood program. If you know of a possible location or can contribute in any way to this urgent request for assistance, please contact the CCG director, Sandra Mix, at cg@mcn.org or 707-367-9763.

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EDITOR,

I work in the Anderson Valley and coach high school basketball in the 
Mendocino School District. I once coached basketball in AV and had a short
 AD fill-in at Mendocino High to add to my public school volunteer
 credentials. You recently reprinted an article from Paul McCarthy’s blog 
where he attacks Robert Pinoli, and accuses the Panther soccer team of 
cheating by illegally practicing.

 With the name of Mr. McCarthy’s blog being Mendocino Sports Plus, I would 
like to remind your readers that this blog, and Mr. McCarthy himself, have
 no connection to Mendocino High School or Mendocino High School Sports,
 whatsoever. The name may indicate otherwise. This is his Facebook page we
 are talking about.

 As a senior coach in Mendocino, I find myself apologizing for him 
regularly. This is the second time he has attacked Mr. Pinoli, who I
 personally believe is one of the more honorable members of CMC, NCL, and
 NCS. (I challenge any sports fans to know what those letters all stand
 for). It was embarrassing to go play basketball in Point Arena when the AD 
and school were accused of being “pussys” and “chicken” to play Mendocino,
 when they had to forfeit for not having enough players (for 8 man 
football, the small school version of football). When Laytonville won big 
in football, Cory James Sr., one of league’s hardest working multiple-
sport coaches, was accused of running up the score. I remember calling the
 AD, Sue Carberry, in Laytonville, to beg for forgiveness, when he likened 
the beautiful new campus to a prison. In fact, the AD and principal in
 Mendocino have been on the receiving end of abuse for not running and 
supporting the 8 man football program the way he would like it. My 
personal favorite was when he accused the AD, Mr. Gold, of not properly 
teaching the football coaches of how to turn on the showers.

 Most parents I talk to love this facebook page for the wonderful
 collection of pictures of our kids playing games. I personally enjoy this
 part. The “shoot first” and “deal with the facts later” type of writing 
that Mendocino Sports Plus engages in is entertaining at times, often
 hurtful, regularly embarrassing for MHS, fun to respond to, and sells
 papers. (Just ask the AVA.)

 — Jim Young
, Mendocino High School Basketball

ED REPLY: O please, Jim. What sniveling. High school sports around here is 
lucky to have anyone even notice, never mind writing about them. As for the
 ancient whine that the adventures of our scintillating local personalities 
sell newspapers, well, har de har. I’m glad McCarthy takes the time,
 whether or not you agree with him. Not everyone is cut out to be a pom-pom girl.

YOUNG WRITES BACK: I was very clear with what I agree with and what I
 don’t. It is sort of logical, I guess, that I would back the “trash 
talkee’s” (coach volunteers and AD’s) and you the “trash talkers”. You 
say sniveling, I say it takes some thick skin to spend multiple years in 
youth sports. Ask your son. You know I love your paper. — Jim

ED REPLY: It takes thick skin to roll out of bed everyday anymore, Jim. As Tarzan said to Boy, “It’s a jungle out there.”

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COMMENT OF THE DAY from LostCoastOutpost.com reacting to a stream diversion bust of two out-of-state growers at Willow Creek: Okay. Has anybody checked out Willow Creek lately? It’s crazy. Fountain Ranch Rd all the way into town, both sides of the river down through Kimtu and more. Wide open flat fields full of weed. I correct myself- the sheriff could spend EVERY day out there busting. This train has run away, jumped the tracks and gone over the edge…we are careening through space….and we are approaching the bottom. Expect a hard jolt of reality soon. We are about to see the over-saturated market. I’m calling $600/pound by January….foreclosures and massive property crime to follow. Hope that was fun!

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TO: DISTRICT ATTORNEY DAVID EYSTER

County of Mendocino, Ukiah, CA

July 19, 2013

RE: People Vs William Edward Parrish Case NO MCUK-INNT-13-16663-000

Dear District Attorney David Eyster,

Among other destructive projects that Caltrans has in the works, I have been following this decision by Caltrans to forge ahead with this very harmful freeway bypass through Little Lake Valley. There are many violations of environmental laws being carried out, and these wick drains were not in the EIR. Also, this is nesting season and this should have stopped this project to allow time to consider alternatives and complete the court process. This is in court, and waiting for the decision by the judge.

One very viable alternative would be to have the bypass go by way of the railroad tracks, still leaving plenty of room in case the railroad starts up again someday. EPIC has the plans, but Caltrans only wants the most expensive project, even though they only have money for a two lane each way. Four lanes is their plan to flatten out, in hopes for money for an expanded bypass in the future. This bypass all goes back into a one lane each way Highway 101 north of Willits. This is mind boggling that this choice for a bypass is being allowed. This could actually affect the water supply of Willits in draining the wetlands, in addition to the other obvious destruction to habitat that makes Willits a very special place, as the Gateway to the Redwoods.

Caltrans caused this back up issue in the middle of Willits town, by making Highway 101 go from 2 lanes in each direction and narrowed it down to one lane each way there at the Safeway gas station.

The bypass Caltrans is forging ahead with will cause irreparable harm to the wetlands, and it is a waste of money as it does not connect traffic from Highway 20, and above Willits the traffic is very light. Caltrans has shown time and time again to NOT listen to the will of the people, and be practical.

Caltrans needs to use the alternatives and make the 2 lanes in each direction bypass by the railroad tracks, and fix the middle of Willits town back to two lanes in each direction all through town, not just at the south end by the shopping center.

For these reasons, I support these young people trying to protest (as it seems to be the only thing that gets attention to this destructive project). One can’t replace the wetlands, tributaries to the rivers once dried up and fish can’t travel there, the ancient trees and habitat for wildlife. Willits should be making this area into a protected Wildlife area, rather than allowing Caltrans to be destroying it.

Aside from the Bay Bridge disaster wasting money by side stepping processes, killing 100’s of Cliff Swallows at the Petaluma River Bridge , wanting to harm Richardson Grove State Park (all for STAA Trucks over 65 feet), and Route 199/197 to log old growth, this destructive plan is not well thought out.

It is not ok for Caltrans to ruin our environment for their projects, and I hope Jerry Brown expands his investigations to all these wasteful projects going on. This money could be better used to fix Highway 101 from San Francisco north and through Santa Rosa, where traffic is still a nightmare any day one gets caught in commuter traffic or lunch time.

Our great grandparents and grandparents entrusted Richardson Grove State Park to the State in 1922 to be protected, as they saw the forests and wild lands being destroyed at an alarming pace. We CAN slow this destructive process down, before it is all gone, never to be recovered.

Please see the whole picture here. We need to be protecting the environment, while also making compromise and building in the least destructive manner to preserve our precious Redwood Highway from Willits to Oregon along 199. Please drive up and see for yourself, how light the traffic is above Willits, until you get to Eureka.

This is why the people are protesting; they know it is just plain wrong to go through with this wasteful and destructive way of bypassing Ukiah, that will not solve the problem of the road narrowed in the center of town that is the cause of this congestion.

Will Parish is an excellent Journalist, and he is very brave to stand up against this BIG MACHINE called Caltrans who is not listening to the people who have scientific proof of how destructive, this choice of a bypass is. Please don’t pump this case up, as many of us would also be climbing trees or equipment if we were younger, to stand up for what is right for the environment, our North coast, and for Willits town I have been enjoying passing through all my life, and stopping to eat, get gas, and shop.

William Parrish did not do anything violent. He was simply protesting in a very peaceful way, and he stands for what I and so many (thousands) believe. This bypass through the wetlands is a terrible idea.

Please administer justice pursuant to Penal Code 851.8 (d) and dismiss William Parrish.

Thank you for your consideration in this very important matter.

Sincerely, Trisha Lotus, Eureka

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KEEP LOCAL COMMUNITY ACCESS TELEVISION ALIVE! Sign this petition

Our Community Access Television facility here on the Mendocino coast that has offered training to citizens to create programming since the 1970′s and provided vital visibility to local governmental affairs, is threatened to be destroyed. This is a situation where an internecine playground squabble between factions of Footlighters, a local theatrical club, was allowed to turn into a situation where MCTV was the scapegoat. It appears that the judge was incompetent (if not biased) and very possibly had a conflict of interest. The Footlighters’ lawyer is, obviously, corrupt and primarily interested in his portion of the take. Lawsuits have forced the dissolution of the 501(c3) MCTV facility. That’s why I signed a petition to Fort Bragg City Council and Mendocino County Board of Supervisors. Will you sign this petition? If so, click here: http://petitions.moveon.org/sign/we-need-community-access?source=s.icn.em.mt&r_by=1639481 Many thanks!

Howard Ennes, Fort Bragg

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DEPRESSING STAT UNO

ONE in every four women is a victim of domestic physical violence at some point in her life, and the Justice Department estimates that three women and one man are killed by their partners every day. Between 2000 and 2006, thirty-two hundred American soldiers were killed; during that period, domestic homicide in the United States claimed ten thousand six hundred lives….. (A Raised Hand, Rachel Louise Snyder)

DEPRESSING STAT DOS

IN CALIFORNIA’S community college system, 85 percent of entering freshmen need remedial English, 73 percent remedial math. Only about a third of these students end up transferring to a four-year school or graduating with a community college associate’s degree.

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WAY TO GO, VINCE!

Elk Resident Vincent Longo Named To Dean’s List At Ithaca College—

Ithaca, NY (07/19/2013)(readMedia)— Vincent Longo, a resident of Elk and a Television-Radio major in the class of 2015, was named to the Dean’s list in Ithaca College’s Roy H. Park School of Communications for the Spring 2013 semester. From day one, Ithaca College prepares students for success through hands-on experience with internships, research and study abroad. Its integrative curriculum builds bridges across disciplines and uniquely blends liberal arts and professional study. Located in New York’s Finger Lakes region, the College is home to 6,100 undergraduate and 400 graduate students.

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Mendocino County Today: July 21, 2013

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RANDOM OPINIONS. I like railroads as much as the next guy, and I see no reason other than the usual pettifogging gangs of career officeholders and time-serving public bureaucrats that a high-speed train can’t run between San Rafael and Willits. It won’t though. Ever.

THE TRACKS and rights-of-way are already there, and two slow-speed trains, up through World War Two, ran every day between Tiburon (linked by ferry with San Francisco) and Eureka. Hard to believe that 60 years ago you could board a train in Fort Bragg, make a southbound connection at Willits, and enjoy a drink at the Top of the Mark by sundown the same day.

SINCE THEN, of course, America has lost its way. We no longer have the kind of leadership that gets big things done, apart from wars, that is, or apart from their primary latter-day function, which is to shovel as much money to the oligarchy as they can, starving public amenities and social programs as they go. (On my recent trip to Scotland, I asked the foreman of the farm where we stayed, “Any toffs around here? I’ve never seen a toff except in Brit movies. I’d like to see one.” His reply, “Why would anyone want to see one of those bastards?” And that just kinda summed up the difference in class consciousness between US and the old country.)

THE NORTHCOAST’S Democrat Party apparatus is one of many hogs in the railroad restoration stream, not that Republicans wouldn’t do the same. The Democrats use rail funding as a jobs program for their most faithful old boys, people like Dan Hauser and Mitch Stogner, inserted into key rail positions despite zero railroad experience.

KONICA MINOLTA DIGITAL CAMERAIT WOULD TAKE an estimated $600 million to get a train running again through the Eel River Canyon to Eureka. That money is unlikely to be forthcoming short of revolution or as a public works project under an FDR-like president; “dreams” of a Eureka-Marin railroad are pure fantasy — cynicism if it’s Democrats doing the dreaming. The Hauser-Stogner-Democrat Axis insists it’s doable. Their jobs depend on saying that.

EVEN WITH THEM in the way, there’s no reason a train couldn’t again run regularly between Marin and Willits, a prospect as unlikely as a train running farther north through the collapsed stretch of track in the Eel River Canyon. Marin to Willits, however, should be easy. No sign it ever will happen.

HAUSER CLONES at the Humboldt Bay Harbor Authority, or whatever it’s called, have spent $250,000 public dollars on another rail fantasy — an east-west line linking Humboldt County to I-5. This chimercal line would run between Samoa and Redding. That rail line, the study says, would cost a billion dollars in money that our bi-partisan masters spend their days diverting upwards to the One Percent. So, like the north-south line from Marin to Willits, it also won’t happen. Anyway, it’s highly unlikely, even if a rail line presently linked Humboldt Bay and Redding, that anyone would ship stuff on it because shippers can get in and out of the ports of Oakland and San Pedro just fine, and there’s no lumber out of HumCo anymore.

AbandonedNCRAEngineWHAT seems odd to me about the ongoing rail fantasies, at least those linking any part of Humboldt County with the SF Bay Area, is that nobody except the Democrats putting them out there believe them, and they don’t really believe them, I’d assume, other than as a funding source for a few of them and their friends.

AND WHO’S CHUGGING up the tracks with the latest on rail matters but Daniel Mintz…

STILLMAN OUSTED FROM NCRA

by Daniel Mintz

Division over the viability of railroad development is sure to spike now that trails-friendly Arcata Councilmember Alex Stillman has been pulled off the North Coast Railroad Authority (NCRA) Board of Directors.

The committee that appoints a city representative to the NCRA board met July 16 to re-evaluate Stillman’s appointment, which had been made a month earlier to the chagrin of railroad advocates.

A majority of the mayors who make up the committee voted to rescind the appointment and after spirited debate and some confusion over process, the same majority voted to appoint Fortuna Mayor Doug Strehl to the NCRA board in Stillman’s place.

Stillman

Stillman

When Stillman was appointed, Ferndale Mayor Stuart Titus was absent and the committee was deadlocked between Stillman and Strehl. Eureka Mayor Frank Jager broke the tie by switching his vote from Strehl to Stillman.

But the appointment was soon challenged on procedural grounds by Eureka Attorney and rail advocate Bill Bertain, triggering a reassessment and the follow-up meeting.

Marcella Clem, the executive director of the Humboldt County Association of Governments (HCAOG), which provides staff support to the committee, downplayed the alleged procedural glitch but David Tranberg, HCAOG’s attorney, said that “it’s pretty obvious that a mistake was made” involving a paperwork submittal deadline.

With the appointment voided, a vote on re-doing it was pursued, with Stillman and Strehl once again vying for the pick.

Deliberations on it were marked by two twists – Titus created another deadlock situation by nominating himself as a third candidate and Eureka Councilmember Mike Newman, a strong rail development supporter, represented Eureka instead of Jager, a longtime Boy Scout troopmaster who’s a trails enthusiast.

In making a motion to appoint Strehl, Newman explained that it’s what most Eureka councilmembers want. “Our council was in discussion and we were behind the appointment of Doug Strehl,” he said, adding that Jager wasn’t at the meeting because he “had other things to do.”

Earlier, Stillman said that she supports a “rails with trails” approach but Newman said that’s not quite the stance supported by a majority of his city’s councilmembers. “We’re more in support of rails first, versus trails,” he continued.

Stillman had also described the southern end of the NCRA’s line as a redevelopment priority, while Strehl asserted that railroad development is a local economic necessity.

During a public comment session, rail supporters lobbied for Strehl and rail skeptics rallied for Stillman. The committee was equally divided with northern city reps, including Arcata Mayor Shane Brinton, supporting Stillman – with the exception of Eureka via Newman.

Trinidad Mayor Julie Fulkerson recounted Stillman’s long track record of achievement and questioned the re-appointment process. “We’re going to look like a bunch of flakes if we change our nomination at this point,” she said.

Noting Newman’s presence in place of Jager, Fulkerson suggested that there have been private discussions about getting Stillman off the NCRA board. “I don’t know what happened in Eureka – Frank was here last time, and saw that this was an opportunity to build bridges,” she said. “Something happened – and I don’t think it’s going to be discussed – but I find it offensive.”

Votes on appointing Stillman and Strehl were each deadlocked because Titus – the swing voter – voted against both of them due to being a candidate himself.

It seemed that there was no way for the committee to move an appointment but Fulkerson offered a plan. “We can get around it the way we did it the last meeting, because we had one gracious person who changed his vote,” she said. She told Newman, “You could honor the spirit of your mayor and change your vote.”

“How about you changing your vote?” asked Rio Dell Mayor Jack Thompson.

Fulkerson said her decision-making has been “consistent” and “I’m not interested in sending a message to the rail board that we’re indecisive.”

Faced with a lingering deadlock, the committee emerged from it by voting on whether to appoint Titus. The only one who voted in favor of that was Titus.

Having been eliminated as a candidate, he broke the tie by voting for Strehl.

Another matter was settled at the meeting – HCAOG is stepping out of the railroad debate crossfire. “We’re getting out of this business as of 5 p.m. today,” Tranberg said, explaining that from now on the clerk of the county’s Board of Supervisors will provide staff support to the committee.

After the meeting was adjourned, Newman was asked about the suggestion of closed-door decision-making and why he was there instead of Jager. In a rush to get to the Eureka council meeting, Newman disregarded the question as a reporter walked beside him.

Fulkerson was nearby and said, “C’mon, Mike — you can talk and walk at the same time, don’t be like George Bush, speak up.”

But Newman was mum.

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ELIZABETH SWENSON, director of Mendocino Coast TV which was recently shut down in the wake of an unfortunate local Superior Court decision, wrote Saturday:

“Yes, MCTV is defunct, though the dissolution will take some time and it is possible in theory that the Footlighters [who won the lawsuit] and their lawyer would drop the $44,000 judgment and agree to not press for that money. But right now MCTV has no money to pay Footlighters or to pay staff. At this point, any money we raised would go to the Footlighters. If they and their lawyer dropped the judgment, MCTV, with a lot of financial help (probably less than $50,000 to start up again), could move and set up someplace and MCTV could survive. While in theory this is possible, there is no indication that this is going to happen. If for some reason this happened, it would be a miracle I think. I believe the petition [mentioned in yesterday’s Mendocino County Today] is worth signing and it serves to see if there is support for community access and also to let local governments know Community Access (public, government, education Access) is important to this community and essentially ask them to step up and help financially to get a new non-profit to run community access. Neither I or the MCTV board are behind the petition. While I knew about it before it went up I had nothing to do with starting it.” — Elizabeth Swenson, Director, Mendocino Coast Television

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ASTONISHING SIGHT on 19th Avenue this morning (Saturday) a little after 11, a late model Honda with a Mike Thompson bumpersticker on its rear fender. I guess there are people enthusiastic about the guy but this is the first person I’ve seen to go public about it.

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GiantSeagullsTHE SAN JOSE Mercury News reported Saturday that Giants officials are fed up with the seagulls. The gulls are showing up in increasing numbers, especially in the last innings of night games. Hundreds sometimes land on the field during play. They also bomb fans and make clean-up after the thousands of departed human slobs even more difficult. It’s uncanny how they know when a game is winding down, circling the ballpark in such numbers its kind of eerie, like a scene out of the famous Hitchcock movie filmed at Bodega Bay. But there are more and more of them, and they’re showing up earlier and earlier. Maybe the Giants should give away pellet guns along with the bobbleheads.

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HELEN THOMAS, the great White House reporter, has died. For years, as the big boys of corporate journalism crawled up to the throne to lob softball queries at presidents and their spokesmen, Thomas spoke right up, putting the rest of the pack to shame. Unfortunately for her, when she said in an unguarded moment that she wished the Israelis would get out of Palestine altogether, Thomas was driven into retirement. Even the most tentative support of Palestinians finishes you off in America, such is the lock the Israel Lobby has on public opinion. Most reasonable people, who are also routinely denounced as anti-Semites by the Israel Lobby, simply for opposing Israel’s unconscionable and ongoing persecution of the Palestinians — Alice Walker just got a deluge of abuse for sticking up for the Palestinians — would settle for a return to the pre-’67 War borders. Maybe the old girl was a closet anti-Semite; that was a crazy thing for her to have said, but all the bully boys from every which way pounced on her, and Helen was done.

HelenThomasTHE LAST FEARLESS REPORTER

There Will Never Be Another Helen Thomas

by Ralph Nader

There will never be another Helen Thomas. She shattered forever one anti-woman journalistic barrier after another in the Washington press corps and rose to the top of her profession’s organizations.

Helen Thomas asked the toughest questions of Presidents and White House press secretaries and over her sixty-two year career took on sexism, racism and ageism. She endured prejudice against her ethnicity — Arab-American — and her breaking the taboo regarding the rights of dispossessed Palestinians.

She also made many friends in journalism and spoke to audiences all over the country about the responsibility of journalists to hold politicians responsible with tough, probing, questions that are asked repeatedly until they are either answered or the politician is unmasked as an unaccountable coward. That is the example she set as a journalist and the recurrent theme in her three books.

Her free spirit, her courageous belief that injustice must be exposed by journalists, her congenial personality and her relentless focus (she asked former President George W. Bush and his press secretary Ari Fleischer dozens of times “Why are we in Iraq?”) will be long remembered.

Her tenacious, forthright approach to journalism stands as a stark contrast to the patsy journalism of too many of her former self-censoring White House press colleagues.

The remarkable combination of skills and perseverance will distinguish Helen Thomas as one of the giants of American journalistic history. (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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DAN HAMBURG is presently chairman of the Mendocino County Board of Supervisors. He’s also herd bull to a large number of the County’s liberals, defining liberals here as Obama voters generally in lock-step with Democrat Party propaganda as expressed, say, by Rachel Maddow or NPR.

WHEN HAMBURG last week shut down John Sakowicz’s remarks during the three minutes the public is supposed to be allowed to talk about any old thing, Hamburg undermined a long-standing local tradition. You’d have to go back to John Cimolino, the supervisor from Georgia-Pacific and Fort Bragg (in that order, too) to find a supervisor who even gave a hoot what the great unwashed said during the three minutes allotted to them at the beginning of each meeting. “Do we have to listen to these nuts?” an anguished Cimolino would exclaim as the late One True Green, Richard Johnson, approached the podium. Well, yes, Johnny, we do. It’s called democracy. But even the conservative boards of yesteryear let the people have their say.

BUT LEAVE IT to the libs to shut it down when someone is about to say something “inappropriate,” i.e., something the libs don’t approve of.

SAKO was going to denounce a ritual attaboy proclamation for a couple of retiring bureaucrats, and more power to him. Sako’s just about the only person in the County to follow the money, and follow it in ways we can all understand. Public officials who’ve helped undermine County finances through incompetence or simply to go along to get along with, in this instance, the captive Ukiah City Council and its disastrous city manager, shouldn’t get a merry send-off. They deserve to be put in perspective. Which Sako was about to do when, backed up by Supervisor McCowen, Hamburg cut Sako off and told him to sit down.

* * *

CENSORSHIP FOR ‘WE, THE PEOPLE’ — I have just reviewed the verbatim exchange that led to the unprecedented incident of the Mendocino County Board of Supervisors censoring me, a member of the public, during the time set aside for non-agenda public comment. This incident occurred at the very beginning of the Board meeting on Tuesday, July 16.

Since Tuesday’s meeting, the County CEO has apologized to me in private. Two Supervisors have also expressed that had they been Board Chair they would let me speak and would not silenced me by ruling me “out of order” as Chair Dan Hamburg did with County Counsel Tom Parker’s agreement. These Supervisors would have let me continue, as was my absolute right.

As of today, I have not received a formal apology from the Board for what was for me a public humiliation. Nor has the Board’s policy on non-agenda public comment been corrected, clarified, and made public, so that this violation of free speech does not happen again.

I was silenced presumably for not speaking on an issue related to County business. County Counsel Parker pontificated and obliquely referred to California Government Code: 54954.3, which states as follows: “(a) Every agenda for regular meetings shall provide an opportunity for members of the public to directly address the legislative body on any item of interest to the public, before or during the legislative body’s consideration of the item, that is within the subject matter jurisdiction of the legislative body, provided that no action shall be taken on any item not appearing on the agenda unless the action is otherwise authorized by subdivision.”

But there’s a problem with Parker’s opinion — two problems, actually.

One, Hamburg held me to a double standard.

Two, I was indeed about to speak on issues related to County business.

Let’s first take the problem of a double standard.

Readers must know that in the past non-agenda public comment has seen members of the public speaking on all manner of issues unrelated to Mendocino County Board of Supervisors’ business. This has included comments on issues as disparate and unrelated to Board business as the wars in Iraq and Afghanistan, genetically modified food, global warming, the decriminalization of marijuana, gun control, the economy, healthcare, immigration, etc.

Clearly, the Board held me to a different standard.

That said, my comments were not unrelated to County business as Hamburg suggested. And he knew this.

I’ll explain.

Presently, the City of Ukiah has filed two lawsuits against the County of Mendocino. Both lawsuits are concerned with money. Ukiah City Finance Director, Gordon Elton, about whom I wanted to speak on Tuesday, is directly linked to both lawsuits.

The City of Ukiah, along with the Cities of Willits and Fort Bragg, are suing the County of Mendocino and Auditor-Controller Meredith Ford for hundreds of thousands of dollars they claim she overcharged them in fees for administering the cities’ property taxes.

Ford’s office is responsible for distributing each city’s share of the property taxes collected in the county, for which it charges an annual Property Tax Administration Fee.

The amounts purportedly overcharged by the County Auditor in administration fees on county-city transactions known as the “Triple Flip” and the “VLF Swap” add up to $339,630 for Ukiah, Willits, and Fort Bragg from fiscal year 2006-07 to 2011-12.

However, Gordon Elton should have known in his capacity as Ukiah City Finance Director that the State of California set up this arrangement, not the County of Mendocino.

Although the California Supreme Court ruled on Nov. 19, 2012, that counties could not charge cities for the additional cost of administering the allocation of property taxes resulting from the Legislature’s enactment of the Triple Flip and VLF Swap, the Court’s ruling only applied to the problem in the 2012-13 fiscal year, and it was not intended to correct past fees. It was not retroactive.

Consequently, Gordon Elton could have — and should have — saved both the City of Ukiah and the County of Mendocino the time and money of a specious lawsuit . He should have advised the Ukiah City Council before it acted.

Gordon Elton, as City Finance Director, also failed miserably on a second issue involving the City of Ukiah and the County of Mendocino: the sales tax revenue sharing agreement.

Like the City’s lawsuit against the County Auditor on property tax levies, the lack of a sales tax revenue sharing agreement between the City and the County falls right into the lap of the city finance director.

The City and the County have been in “discussions” for years. Why so long? Because the City heavily depends on sales taxes to fund its general government services. And the City has been running a $1 million budget deficit for two years as it refused to cut payroll despite losing $1 million in RDA funds.

In closing, it is a statement of fact that Hamburg held me to a double standard on non-agenda public comment. But Hamburg also censored what I was about to say about the ways in which I believe Gordon Elton has not only failed his employer, the City of Ukiah, but has also failed the County of Mendocino.

Gordon Elton did not deserve a glowing official proclamation from the City of Ukiah on the occasion of his retirement. It was absurd.

But as absurd as the proclamation was, it was no surprise. In fact, it was politics as usual. Elected officials cover up for staff as payback for those many occasions when staff covers up for elected officials.

As I said. Politics as usual. Whether you’re talking about Washington DC, Sacramento, the County of Mendocino, or the City of Ukiah. Government is an insider’s game, my friends.

The losers? You guessed it. You. Me. We, the People.

We’re the outsiders. And now, we’re censored during public expression during the non-agenda part of the Mendocino County Board of Supervisor meetings. It was our one opportunity to be heard.

To Ukiah Mayor Doug Crane’s credit, he did not censor me during public comment after the proclamation reading at Wednesday’s City Council meeting. I cited Gordon Elton’s failings — as best I could in three minutes — including the City’s two pending cases against the County and Elton’s role by association in those cases.

I should not have been silenced at Tuesday’s Board of Supervisors meeting.

Respectfully submitted, John Sakowicz, Ukiah

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SKIP TAUBE, board president of the Caspar Children’s Garden, a successful, long-standing, and much-need daycare center for pre-schoolers, is rightly disturbed that the very existence of the center is imperiled by a uniquely highhanded, and unexpected move by the Botanical Gardens and the Mendo Coast Rec and Park District not to rent space to the pre-school. Mr. Taube explains: “The Caspar Children’s Garden (CCG) preschool board of directors has 
been working since early spring on an agreement to move their program
 to the farmhouse located at the Mendocino Coast Botanical Gardens
(MCBG). This past week the board was unexpectedly informed that the 
Botanical Garden was no longer interested in renting to them. CCG has 
already spent over $8,000 (almost half their savings) applying for a 
County use permit (in conjunction with the MCBG and their landlord, the
 Mendocino Coast Recreation & Park District) and were willing to make 
improvements at their own expense. With this disappointing news, the 
program is now in need of a new home. The preschool has 25+ years
 of experience running a successful business serving hundreds of families;
 a team of experienced teachers; a large group of parents waiting to
 enroll their children this fall; and a storage unit packed to capacity
 with all the materials and furniture that belong in an early childhood
 program. If you know of a possible location or can contribute in any
 way to this urgent request for assistance, please contact the CCG
 director, Sandra Mix, at cg@mcn.org or 707-367-9763.”

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DEAR SIR, My name is Geoff Cooper. Since 1998 I have been attempting to
 get our Government to investigate what takes place in the Masonite
 facility which stands on the River Shannon below Drumsna Village in Ireland. The
 factory killed all the fish in the river in 1998. It also pours out into
 the atmosphere grey muck on a daily basis. The incidence of cancer in
 the area has risen by over 38% in the last ten years. Our fisheries
 board, the EPA and anyone in authority deny we have a problem here.
 Some years ago I took water samples and had them analyzed at the best
 laboratory in Ireland. The results were quite frightening. The water
 carried several thousand times the permitted amount of Formaldehyde plus
 a de-foaming agent. Even when I presented the facts to the EPA they
 still denied there was a problem. The factory here is self-monitoring. I
 was told by informants in the factory that the man from the EPA visited
 once every month, sat in the manager’s office and then was taken to
 Carrick for lunch. When he arrived back at the Masonite facility he just
 got in his car and left. Longford Town which is downstream of the place
 extracts water for the town’s consumption. Many folk have had serious
 stomach problems. A pet shop in the town had to stop keeping fish as
 when the owner topped up his tanks with tap water all the fish died.
 Four weeks ago there was another massive fish kill on the river. The
 fisheries board blamed anglers for keeping fish in nets too long. There
 aren’t any anglers as the river is not worth fishing. For the record I
 am a freelance journalist. I write on a regular basis for two Irish
 magazines. I also present films for TV and am currently working on a
 series of six for a British TV company. My website is fishingforall.com.

PS. I have a 
meeting next week with members of our Government. At last they are 
listening a little. Maybe it is a forlorn hope but any information will 
be well and truly appreciated. The factory in Ukiah was the sister 
factory to what we have here. Years ago I spoke to one of your rangers
 who told me they had killed all the fish in the Russian River and had to
 be monitored by his team twice daily. When I told him our government had 
allowed them (Masonite) to self-monitor his reply was, “Are your 
government [bleep]ing crazy?” My regards and thanks once again. — Geoff Cooper

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Redwoods1DRAMATIC EARLY LOGGING PHOTOS

Redwoods2A series of photos recently released from the Humboldt State University Library capture early 20th century lumberjacks working among the redwoods in Humboldt County. The photos are part of the Ericson Collection, a series of pictures from northwest California from the 1880s through the 1920s by Swedish photographer A.W. Ericson.

Redwoods3Most of these pictures are from the 1915-era displaying the work of loggers in once densely forested northern California— about 20% of the state’s total forested area. Humboldt County now has nearly 1,500,000 acres in public and private forests, including the Redwood National and State Parks. The enormity of the tree trunks are highlighted by the workmen who are dwarfed by the trees’ sheer size.

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ART IN THE GARDENS

On August 3rd, 2013, the finest California artists and craftsman, musicians, wine makers, and culinary artists bring their talents and original art to the Mendocino Coast Botanical Gardens for the 22nd annual Art in the Gardens, including Featured Artist - Paula Gray.

Originally from Moss Landing, a small fishing village, in Monterey County, Paula Gray pursued her childhood passion for art by first attending Cabrillo College and later earning a Bachelor’s of Fine Arts degree from CAL Arts in Los Angeles. While still in school, she accepted a job at Disney in Burbank where she participated in the design and construction of attractions such as Small World, Pirates of the Caribbean, and the Haunted Mansion.

Her artistic talents are multidimensional, as she has applied her considerable expertise to such creative endeavors as: curator of the Museum of Northern Arizona; co-director of a city-wide mural project in Los Angeles; and creator of comic books and film strips; fashion photographer; book illustrator; and graphic artist.

In 1980, with a grant from the California Arts Council in hand, Paula Grey arrived in Anderson Valley to develop a program to provide art experiences for children in residential facilities. Recognizing a need for art programs in the Anderson Valley schools she wrote for, and received, another grant which she used to hire local artists to teach in the areas elementary and high schools. So began her enthusiasm for teaching.

Gray taught at Mendocino College for over 25 years and says “color and composition” was her favorite class to teach. She notes that artists use the same principles of color and composition that occur organically in nature. Paula believes that the artifacts of “primitive” cultures are the nearest representation to true art as they merge sophisticated craftsmanship with a deep and intuitive understanding of the natural world.

“Animals are important to me. They have always been a major part of my life,” she says. Paula enjoys the fawns outside her window and a pair of ravens who knock on her door to remind her to give them their breakfast along with domestic animals. The coming together of her love of art and the influence of animals on her life culminate in her wonderful paintings. Her signature images portray the whimsy of animals. This is clearly evident in this year’s Art in the Gardens featured art, a fanciful portrait of a happy dog. A pok-a-dot kerchief tied around its neck, turquoise eye shadow, and a red rhododendron truss in its mouth. It can’t help but make you smile!

The Mendocino Coast Botanical Gardens loved this cute pup so much…that they have adopted it (with Paula Gray’s blessings), named it, and made it the mascot for their newly renovated café which will be called “Rhody’s” Garden Café.

Plan to join the excitement at the 22nd annual Art in the Gardens on August 3rd, 2013, from 11 am to 5 pm. Experience the Gardens in full summer bloom, stroll garden paths, meet artists, meet “Rhody”. Shop specialty crafts and place a Silent Auction bid, walk the coastal bluffs and enjoy great food and music. You will also view live art demonstrations, sample delicious culinary treats, taste premium Mendocino & Lake County wines, and listen to live music. Art in the Gardens is one of our biggest fundraisers, with all proceeds assisting the Mendocino Coast Botanical Gardens in supporting horticulture, conservation, and education. To join the festivities, visit our website for complete details. Tickets can be purchased at The Gardens Store, Harvest Market, Out of This World, or online at www.gardenbythesea.org.

Mendocino County Today: July 22, 2013

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RECOMMENDED READING: “A Colossal Wreck: A Road Trip Through Political Scandal, Corruption and American Culture” by Alexander Cockburn.

ColossalWreckCockburn, a frequent visitor to Boonville, was the last of the political writers who was also a very good writer, much better than Christopher Hitchens to whom he was often compared and, unlike Hitchens, a true enemy of empire to the end. There aren’t many writers I go out of my way to read. (None, at the moment.) Today, it’s all term-paper prose. Cockburn often complained to me about what bad writers many of his CounterPunch contributers were, and how much time he had to spend doing basic editing of their stuff. Cockburn was always a writer I’d read the instant I got it, a writer I always looked forward to. His prose was alive. He was alive, what used to be called an “all-outer.” He was robbed of another decade or so, but in the seven he lived he probably packed in more than ten people. Cockburn combined information with a lively and even elegant prose. And not just on politics; he was lively and interesting on a whole range of subjects. What you won’t read in all the reviews of this book is how Cockburn, the last ten years or so of his life, was non-personed by much of the left, especially the lock-step sectors at places like KPFA. The Nation cut him back as it went all the way over to a spine-free Clinton-Obama-ism. And so on, as left media disappeared faster than the left itself. He was often scathing about the personalities of the talk show left, the people who’ve become rich “speaking truth to power,” in the fatuous phrase of the self-aggrandizing. Cockburn was the real thing, a lion of opposition all his days. The would-be little Lenins hated him, and he mopped the floor with mainstream media figures on those occasions he was permitted to go head-to-head with one of them. He was intransigent, never gave one inch all his days. This book conveys him perfectly.

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“THE DREARIEST place on any campus is the J-school, and whenever any young person comes to me to write a testimonial for them to get into journalism school I rail bitterly at their decision, though I concede that these days a diploma from one of these feedlots for mediocrity is pretty much mandatory for anyone who wants to get into mainstream journalism.” (— Cockburn)

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“PEOPLE THOUGHT Candlestick and I were soul mates. We were both big and ugly. We were both windy. And they could never figure out how to get rid of either one of us.” — Lon Simmons

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MOVE OVER Mendocino National Forest. The Monterey County Sheriff’s Office says it uprooted more than 10,000 marijuana plants last week from the Los Padres National Forest. The raid teams also confiscated 960 pounds of processed dope and removed more than 3,000 pounds of trash from the gro sites.

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CaltransHeadless2A READER WRITES: Caltrans, Caltrans, Caltrans… Damn near disaster Friday on 101. (Remember the Rosewarne Concretions? Well, we never found out what they are because Caltrans doesn’t have the bucks to do the study. Their priority is “safety”; they’d need to get a grant or something to do science for science’s sake.)

The Highway 101 freeway is four lanes going past my residence. There is no turn lane for folks heading north and needing to turn into our driveway. One diamond caution sign, set before you are in sight of the turn, is the only warning as one zips around the big bend in the road at Hole in the Wall between Laytonville and Leggett. Accidents have happened here before. Caltrans said we need to provide them with five dead bodies before they’ll put in a turn lane.

On Friday, July 19, they almost got their wish, and then some. It started, for me, with a loud car crash of type “BAM!” “Too close! Too close!” — was my first thought as I got up and opened the door to look out and see what had happened. Three cars were stopped out front: two whites and a red. The red one was dead in the middle of the two northbound lanes. The other two seemed to be parked neatly on the southbound side; one was one of my neighbor’s, the other the mail carrier’s. I grabbed my cellphone and started scurrying across the field toward the scene. My thoughts were in the “Holy Shit!” zone. If I don’t go to the right, where I can flag down oncoming traffic as it comes flying around a blind curve at at least 65 mph straight for the dead red car, something really bad will happen really soon. But, the accident and the people, who might need help, are to the left. I am momentarily torn, split the difference and just go straight. Coming into range, I yell at my neighbor, “ARE YOU ALL RIGHT?” She responds, “Yes!” Relieved, I commit to going to the right, across the field, across the highway, take up my post and start frantically flapping my arms at oncoming traffic. A few cars have already just missed hitting the red car. After a while, a Caltrans pickup truck with a very nice lady driver happened by and stopped to help. She didn’t know where to go either: stay to help flag or go on to the site to check for victims. I told her I knew my friend was ok, and I had seen someone get out of the red car. Having already called the accident in, she chose to turn on the truck’s blinking orange bar lights, put on her official bright Caltrans vest, and use her official “SLOW” hand sign to flag the oncoming traffic. (Which was really great because until then, the only obstacle to disaster was a toothless old lady with a bad haircut in baggy paint stained shorts, a baggy paint stained t-shirt and dusty cowboy boots with desperately flailing arms —wtf.) At least five semis and 50 cars passed before the road was cleared of the red car. My worst moment came when two semis in the slow lane and three cars passing them in the fast lane were coming full tilt around the bend. My thought, “No way they’re all gonna be able stop — so very little time to react.” I held my breath and flapped for all I was worth — behind me the red car in the middle of the road, all the cars and people that had pulled over to help: sitting ducks. So little time for the oncoming drivers to take it all in and react. Flap flap flap flap flap. “We could have ourselves an LA style pile-up: right here, right in the middle of nowhere, right now.” Flush with bad thoughts, I was afraid to turn my head and watch. Somehow, with miraculously perfect timing of the gaps in the southbound flow of traffic, the whole cluster made it around and through everything and each other. Disaster averted. After a very looooong 15 minutes, the red car got its ass off the road, imminent catastrophe was off the table. The Caltrans lady and I took a breath. I thanked her for stopping. She got back in her truck and took off. Turns out that the inattentive lady in the red car, at first, though not injured, had just not gotten out of her car. People on the curb screamed and screamed at her, finally got through and she got herself out — only to take up a post in front of the front of her car (!!!), guarding it or something (????), screaming back at the sideline folks. (!!!) Eventually, to the relief of everybody, she detached from her car and walked herself off the damn freeway. Another neighbor arrived on the scene and courageously volunteered to risk his life to help push the car off the highway. Everybody was stunned when the lady responded that she could drive it off (!!!!) which she then did. The red car had clipped the left turning white car just like the take-out move cop cars use against bad guys’ cars. The force of the impact drove the white car straight toward Mail Carrier Lady (who was innocently putting mail into our mailboxes at the time). Mail Carrier Lady barely had time to throw up her arms and scream, “STOP!” at the white car as it threw itself at her life. Fortunately, it missed. It took around 20 minutes for CHP to arrive on scene. Caltrans needs five bodies? They could have had 20. BAM BAM BAM BAM BAM. Just like that. — Still shaking it off. — LB, Leggett

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DEPT. OF FRIVOLOUS lawsuits: A Mississippi-based federal judge threw out a case that claimed Woody Allen’s film, Midnight in Paris, stole a line from William Faulkner. The line? “The past is never dead. It’s not even past.” The alleged theft read: “The past is not dead. Actually, it’s not even past. You know who said that? Faulkner. And he was right. I met him too. I ran into him at a dinner party.” Faulkner’s literary estate brought the case.

FAULKNER WAS WRONG. Here in Mendocino County history starts out all over again, retooling personalities as it goes.

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GunExpert========================================================

COMMENT OF THE DAY: “For relative newcomers to SF, perhaps a bit of background would help. The Tenderloin district (as well as the 6th Street area) has for umpteen decades been the festering unhealed sore on the body politic. Endless fleabag hotels are still called home by thousands of prostitutes, heroin and crack addicts, cons on parole, murderers, rapists, porn ‘stars’ and their pimps, and the most desperate of the homeless. A certain landlord owns most of these bedbug ridden rejects from Scorcese’s ‘Gangs of New York.’ These palaces of human flotsam are tolerated by a so-called ‘liberal’ city too afraid and politically correct to tackle the job of obliterating these slums of crime that poison an otherwise decent place — a top destination for tourists from around the globe. Scrap the pawnshops and the liquor stores, the $5 j.o. theatres and the brisk business in illegal handgun sales and there might be hope. People get killed in that un-neighborly neighborhood constantly. Of course, in SF, some artistic types will swear that it’s all really just a normal, albeit run down, sentimental slice of San Francisciana, a historical district ‘worth preserving.’ Hahahaha. It’s always been this way in the Tenderloin. The City has been torn between its image as the land of The Summer of Love and its rep as the sleaze capital of Cali for quite some time.” (SF Chron online comment)

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QUOTE OF THE DAY: “Wherever there is great property there is great inequality. For one very rich man there must be at least five hundred poor, and the affluence of the few supposes the indigence of the many. The affluence of the rich excites the indignation of the poor, who are often both driven by want, and prompted by envy, to invade his possessions. It is only under the shelter of the civil magistrate that the owner of that valuable property, which is acquired by the labor of many years, or perhaps of many successive generations, can sleep a single night in security. He is at all times surrounded by unknown enemies, whom, though he never provoked, he can never appease, and from whose injustice he can be protected only by the powerful arm of the civil magistrate continually held up to chastise it. The acquisition of valuable and extensive property, therefore, necessarily requires the establishment of civil government. Where there is no property, or at least none that exceeds the value of two or three days’ labor, civil government is not so necessary.” —Adam Smith, The Wealth of Nations, Book V, Chapter 1.

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FEDERAL REPORTS CONFIRM DELTA TUNNEL PLAN NOT BASED ON SOUND SCIENCE

by Dan Bacher

In March, California Secretary for Natural Resources John Laird claimed that the controversial Bay Delta Conservation Plan (BDC) to build two giant peripheral tunnels under the Sacramento-San Joaquin River Delta is driven by “science.”

“At the beginning of the Brown administration, we made a long-term commitment to let science drive the Bay Delta Conservation Plan,” said Laird, who presided over record fish kills and water exports at the South Delta pumping facilities in 2011 and the completion of the privately-funded Marine Life Protection Act (MLPA) Initiative to create questionable “marine protected areas.”

“Science has and will continue to drive a holistic resolution securing our water supply and substantially restoring the Delta’s lost habitat,” Laird gushed.

However, on July 18, scientists from federal lead agencies for the BDCP EIR/EIS – the U.S. Bureau of Reclamation, U.S. Fish and Wildlife Service, and National Marine Fisheries Service – exposed the hollowness of Laird’s claims that the BDCP is based on “science.”

They provided the California Department of Water Resources (DWR) and the environmental consultants with 44 pages of comments highly critical of the BDCP Consultant Second Administrative Draft EIR/EISDraft, released on May 10. The agencies found, among other things, that the draft environmental documents were “biased,” “insufficient,” “confusing,” “very subjective” and “vague.” (http://baydeltaconservationplan.com/Libraries/Dynamic_Document_Library/Federal_Agency_Comments_on_Consultant_Administrative_Draft_EIR-EIS_7-18-13.sflb.ashx)

The National Marine Fisheries Service said the environmental draft is “currently insufficient” and “will need to be revised.” The agency also criticized some sections of the document for arriving at “seemingly illogical conclusions.”

The Bureau of Reclamation criticized the language and content of the draft for “advocating for the project.” They also said the “identification of adverse and beneficial impacts is very subjective and appears to be based on a misreading of NEPA regulations.”

In addition, “The document is vague about the relationship between the various agency actions that compose or relate to the BDCP, including how these actions will be sequenced and the time/manner of environmental analysis for each,” Reclamation stated.

After their staff reviewed the documents, six Members of Congress from Northern California, including Representatives Doris Matsui, George Miller, Mike Thompson, Jerry McNerney, John Garamendi and Jared Huffman, called on the Brown Administration to withdraw and fully revise the Bay Delta Conservation Plan to build the tunnels in light of the draft documents being found “biased” and “insufficient” by federal scientists.

“The federal agency comments on the BDCP’s draft environmental documents continue to show not only that the project doesn’t solve the water problems that face our state, but that the BDCP as written is truly flawed,” stated Rep. Doris Matsui (CA-6). “Until we have a process that includes all stakeholders and is based on sound science, we are wasting precious time and taxpayer money. This is time and money that we do not have. In the meantime, the environment of the Delta continues to decline and our state’s water problems continue to grow. We must get on track with a process that will produce a viable solution for California’s future.”

Rep. George Miller (CA-11) said, “The Governor’s administration told us time and again that their process would be governed by unbiased, sound science. But these federal reports confirm the opposite. As we suspected, this process has been rushed, biased, and excludes viable alternatives at the behest of big irrigators and agencies that stand to gain huge profits from their increased access to northern water. To proceed any further without major revisions that take into account the concerns of all stakeholders, not just those with political and financial influence, would be shortsighted, unproductive, and ultimately a failure.”

“These reports confirm what we’ve been saying all along – this proposed BDCP is not a workable solution to California’s water challenges,” said Rep. Mike Thompson (CA-5) “It’s rushed, flawed, hurts wildlife and puts the interests of South-of-Delta water contractors ahead of North-of-Delta farmers, fishers and small business owners. Until we have a plan that is transparent, based on sound science and developed with all stake-holders at the table, then any process that moves us closer to building these tunnels will recklessly risk billions of California tax dollars and thousands of jobs.”

“We have said from day one that any proposal related to the Sacramento-San Joaquin Delta must be based on sound science and an accurate cost-benefit analysis,” said Jerry McNerney (CA-09). “The recently-released reports clearly show that Governor Brown’s misguided plan for the Delta is based on neither. To continue to move forward without taking into consideration the concerns of all stakeholders, the countless jobs that could be lost, and the billions of taxpayer dollars at stake is a clear disservice to the people of California. I will continue to fight against any plan that would divert more water from the Delta, and to stand up for the families, farmers and small business owners who rely upon a healthy Delta for their livelihoods.”

“The peripheral tunnel plan is incredibly destructive, and because it does not add one drop to our water supply, incredibly unproductive,” said Rep. John Garamendi (CA-3). “The current plan concludes that massive water diversions south of the Delta are needed and then twists arguments to meet that conclusion. Instead, we need a scientific process, freed from the blinders of bias, to meet the legally mandated co-equal goals of ecological conservation and reliability of water supply – both of which are essential to the state’s economy. As an alternative to the current BDCP, I have proposed a framework that would expand our water supply and protect the Delta through greater water conservation, recycling, and storage, levee improvements, and the protection of existing water rights. We need a water system that meets the needs of all Californians.”

“These reports are just the latest in a series of wake up calls showing that the BDCP is headed in a dangerous direction,” commented Rep. Jared Huffman (CA-02). “We need a plan for the Bay-Delta that is based on science and follows the law, and it looks to me—and clearly, to many others—like the BDCP continues to fall short.”

Delta residents, fishermen, Indian Tribes, family farmers and a growing number of elected officials oppose the Bay Delta Conservation Plan (BDCP) to build the peripheral tunnels because the $54.1 billion project will hasten the extinction of Sacramento River Chinook salmon, Central Valley steelhead, Delta and longfin smelt, green sturgeon and other fish species. The project would also, under the guise of “habitat restoration,” take large areas of Delta farmland, some of the most fertile on the planet, out of production in order to deliver massive amounts of water to irrigate toxic, drainage-impaired land on the west side of the San Joaquin Valley.

The peripheral tunnels also threaten salmon and steelhead restoration on the Trinity River, the Klamath’s largest tributary. The Trinity, whose water is diverted to the Sacramento River via a tunnel to Whiskeytown Reservoir, is the only out of basin water supply for the federal Central Valley Project.

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ModernWar========================================================

A PORTRAIT OF THE LEAKER AS A YOUNG MAN

By Norman Solomon

Why have Edward Snowden’s actions resonated so powerfully for so many people?

The huge political impacts of the leaked NSA documents account for just part of the explanation. Snowden’s choice was ultimately personal. He decided to take big risks on behalf of big truths; he showed how easy and hazardous such a step can be. He blew the whistle not only on the NSA’s Big Brother surveillance but also on the fear, constantly in our midst, that routinely induces conformity.

Like Bradley Manning and other whistleblowers before him, Snowden has massively undermined the standard rationales for obedience to illegitimate authority. Few of us may be in a position to have such enormous impacts by opting for courage over fear and truth over secrecy—but we know that we could be doing more, taking more risks for good reasons—if only we were willing, if only fear of reprisals and other consequences didn’t clear the way for the bandwagon of the military-industrial-surveillance state.

Near the end of Franz Kafka’s *The Trial*, the man in a parable spends many years sitting outside an open door till, near death, after becoming too weak to possibly enter, he’s told by the doorkeeper: “Nobody else could have got in this way, as this entrance was meant only for you. Now I’ll go and close it.”

That’s what Martin Luther King Jr. was driving at when he said, in his first high-risk speech denouncing the Vietnam War: “In this unfolding conundrum of life and history, there is such a thing as being too late. Procrastination is still the thief of time. Life often leaves us standing bare, naked, and dejected with a lost opportunity.”

Edward Snowden was not too late. He refused to allow opportunity to be lost. He walked through the entrance meant only for him.

When people say “I am Bradley Manning,” or “I am Edward Snowden,” it can be more than an expression of solidarity. It can also be a statement of aspiration—to take ideals for democracy more seriously and to act on them with more courage.

The artist Robert Shetterly has combined his compelling new portrait of Edward Snowden <http://www.commondreams.org/headline/2013/07/18-15> with words from Snowden that are at the heart of what’s at stake: “The public needs to know the kinds of things a government does in its name, or the ‘consent of the governed’ is meaningless. . . The consent of the governed is not consent if it is not informed.” Like the painting of Snowden, the quote conveys a deep mix of idealism, vulnerability and determination.

Edward Snowden has taken idealism seriously enough to risk the rest of his life, a choice that is to his eternal credit and to the world’s vast benefit. His decision to resist any and all cynicism is gripping and unsettling. It tells us, personally and politically, to raise our standards, lift our eyes and go higher into our better possibilities.

(Norman Solomon is co-founder of RootsAction.org <http://rootsaction.org/> and founding director of the Institute for Public Accuracy<http://www.accuracy.org/>. His books include “War Made Easy: How Presidents and Pundits Keep Spinning Us to Death” and “Made Love, Got War: Close Encounters With America’s Warfare State.”)

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A MEETING IN A PART

In a dream I meet

my dead friend. He has,

I know, gone long and far,

and yet he is the same

for the dead are changeless.

They grow no older.

It is I who have changed,

grown strange to what I was.

Yet I, the changed one,

ask: “How you been?”

He grins and looks at me.

“I been eating peaches

off some mighty fine trees.”

— Wendell Berry

Mendocino County Today: July 23, 2013

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GLASS BEACH: LONG TIME PASSING

By Jessica Ehlers

Over the weekend the kiddo, who is now the ripe ol’ age of seven and I had some extra time after playing and before dinner. I asked him if he’s like to go to the Pudding Creek Trestle or to Glass Beach. “Glass Beach!” So that’s where we went. It being July in Fort Bragg, parking was tricky but we found a spot, wrapped our sweatshirts around our waists “justincase” and hit the trail.

As we walked passed the trash cans and the locked gate, I noticed the heaping piles of blackberry briars had been mowed down to a foot high. Typically in the summer and since as far back as I can remember, the briars were a source of pie making berries and also a place to the coastal homeless to get some shelter from the wind. I talked about this with the kiddo. He asked how I knew about the people living in there. I told him I had happened across blankets and bedding while berry picking over the years, forts that were not really forts.

It was quiet for the next little while on the walk. Then we got to the fork in the road. That’s when we saw this:

07The kiddo has been reading for a while now so the lower sign brought a pretty sad emotional reaction that I will not describe further because I don’t need to. We followed the north trail to an edge in the path where the soft sandstone is in a quick erosion process. I had him stay on the north side of me so he did not surf down the face on an overhang.

We stood overlooking the high tide crashing over the rocks into the shallow algae pond, the remaining pieces of dirty glass covered in sandstone silt and the dedicated tourists playing in the water next to the heaps of stinky rotting seaweed and the flies that love it so much.

For the kiddo, it’s a lesson in change I think. For me, it has been a strange process of harvesting yesteryear’s trash from the sea since I was a kid. Don’t ask me to tell you how many ceramic-covered spark plugs I gathered as a kid because I could not tell you. I get that the only reason there is sea glass there at all is because a while back, people would back their pickups off the cement wall and toss all their trash right into the sea.

Granted, this was mostly the era before plastics but look at all the glass, auto parts, spark plugs and who knows what else. The ceramic and the glass we see but remember the metal re-bar coming out of the ceramic slabs and what looked like actual car parts encased in rock? Never mind the orange puddles that you hoped were just rust.

I am of two minds about it. I liked collecting treasures from glass beach as a kid but from what I understand, the City decided after inquiring that “restocking” the beach with glass was not a good idea.

So for your viewing pleasure, here is a blog post dedicated to Glass Beach and all it’s glory by Travis Burke with beautiful photographs.

Cheers!

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A FIVE CAR collision Sunday morning on the perennially hazardous stretch of Highway 20 near the Potter Valley Road turnoff, took the life of Robert Garrison of Newcastle. Garrison, 55, was driving five Boy Scouts, three of whom, including his son, were badly injured in the Sunday morning collisions. Garrison and the Scouts had been headed to the Boy Scout camp near Willits when a pick-up truck and trailer, driven by Sheriff’s Department captain Randy Johnson, was rear-ended, thus setting in motion a series of collisions involving five vehicles. Johnson had stopped to wait for a break in the traffic so he could turn off Highway 20 to the Johnson family property when he was rear-ended. In the ensuing series of crashes involving the Garrison fatality, five vehicles wound up careening into each other. The accident occurred at 11:10am, closing busy Highway 20 for three hours.

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PUBLIC EXPRESSION (sic), BOARD OF SUPERVISORS CHAMBERS, UKIAH, JULY 16, 2013.

John Sakowicz: I am speaking as a private citizen only. This Wednesday the Ukiah City Finance Director Gordon Elton is retiring. The city is doing a proclamation. With the help of the Anderson Valley Advertiser who did an article earlier this week, I would like to cite some of Mr. Elton’s dubious achievements: Hijacked redevelopment funds of upwards of $1 million annually, for up to 10 years to pay for —

(Mumbling from Board Chair Dan Hamburg.)

Sakowicz: This is a non-agenda item. …to pay for this…

Hamburg: I realize that. I just don’t know where you are going with this, John.

Sakowicz: To pay for — well, he bankrupted the city.

McCowen: Excuse me, Mr. Chair. It’s not something that’s within our purview and public comment is for items not on the agenda but within our purview. I believe County Counsel could confirm that.

County Counsel Tom Parker: Yes sir.

McCowen: It’s not necessarily an open forum.

Sakowicz: This is for information purposes.

McCowen: It’s not an open forum.

Sakowicz: Okay. All right. Well, I will be publishing this and I will be reading it at the Ukiah city Council meeting on Wednesday.

Hamburg: Thank you. Thank you, John. Okay, others who would like to address the board?

Supervisor John Pinches: Mr. Chairman.

Hamburg: Yes.

Pinches: This is the first time — I have sat here for over 10 years, going on 11 years. This is the first time that I have ever seen public expression restricted in any way at this forum.

Hamburg: Well, um. (Clears throat). Ok.

Pinches: I don’t understand. I mean, three minutes of public expression should be three minutes of public expression. Period.

Hamburg: Well, thank you for that. Umm, Supervisor McCowen did ask for County Counsel’s opinion and he did concur.

Pinches: I disagree with that opinion.

Hamburg: Well, yeah. I hear you. I understand what you’re saying. And uh, Mr. County Counsel would you like to offer further consideration?

Parker: Yes. The, the public expression is for items that are not agendized as has been stated and is well-known. The — but my legal analysis is that the county has no jurisdiction over the city. Mr. Elton is not a county employee. The county could – the county would have no, no jurisdiction to agendize honoring Mr. Elton’s services to the public in general or the, to the city of Ukiah in particular. So it — that was the basis for my conclusion, there really is —

Hamburg: Yes, well. You know. I — I’ll let Supervisor Pinches speak but I do also have some concerns because now, you know, every time somebody speaks we are going to have to analyze whether it’s something we have purview over and that’s going to be a tough standard to meet, you know, fairly often.

Pinches: First of all, City of Ukiah taxpayers are also County of Mendocino taxpayers. They are the same group of people. If we are going to start selecting who can say anything and who can say what, I guess my first question would be, who’s going to be in charge of that?

Hamburg: Well, ostensibly, it would be the Chair with the advice of County Counsel. And you will be Chair quite soon.

McCowen: I am willing to leave it to the prerogative of the Chair, but, as a matter of law and Brown Act compliance, public expression is for matters under our purview but not on the agenda and the concern is not so much that the speaker rose to honor the city employee but his intent from his opening comments was actually the opposite. I do not think that is appropriate because that city employee really would have no equivalent forum in which to respond.

Hamburg: Yeah.

McCowen: So just kind of as a matter of decorum I did not think it was appropriate. But again, at the discretion of the chair.

Hamburg: Well, I agree. It’s a slippery slope. And it may be something we should talk about a little bit more after this meeting. But, I have to say, Supervisor McCowen, that I share your, your chagrin at somebody getting up to criticize someone who’s not a county employee. And again as you said, in a forum where that person has no — you know, I was thinking how someone once got up, and it’s not really that infrequent, somebody will get up and blast a supervisor or criticize some ill treatment they received in a county department from a particular individual working for the county and that never elicits a complaint from a Board member even if you happen to be the Board member who is getting wailed on, that comes with the territory. But to get up and wail on an employee who doesn’t even work for the county, I just don’t — I have a little bit of a problem with that. So I am going to rule that that comment was out of order and I will discuss it further with County Counsel and the CEO sometime in the future.”

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SO, HAMBURG cut Sako off because Sako, Hamburg assumed, was about to say something slanderous about Gordon Elton, Ukiah’s former finance director, and Mari Rodin, a Ukiah City Councilperson. The truth is the first defense against an accusation alleging slander, and the truth is that these two, Elton and Rodin, have not made prudent spending decisions for Ukiah, although they’re not alone in their profligacy. Hamburg later added that he’d also silenced Sako because Elton and Rodin don’t have anything to do with County business, that they and Ukiah are an island apart. But Sako also pointed out that the City of Ukiah and the County of Mendocino are fiscally linked in many ways, and if Ukiah goes belly up, the County would be left holding the bag. For saying this the guy gets the gag?

HAMBURG is more and more imperious. He’s always been invincibly righteous in the smug manner of so many “liberals,” but he’s never before claimed to be clairvoyant. That’s new.

HAMBURG, speaking to his choir round-the-clock clustered like fruit bats on rotten bananas at the Mendo ListServe, came back with,

“I agreed with Supervisor McCowen and County Counsel that Mr. Sakowicz was out of order with respect to his ‘public expression’ last Tuesday. (County Counsel Parker, new to the job, is already a confirmed, tax-paid Hamburg errand boy.) I don’t believe that public expression should be used to berate/accuse a non-county employee when that person is not even present to defend themselves [sic].

Nor does the BOS have any authority over a non-county employee.

Although the Board’s Rules of Procedure have a fairly limited definition of what is appropriate under public expression (generally, such expression is supposed to relate to topics within the purview of the Board), this rule has always been interpreted broadly and I see no reason that that would change in the future.

I did draw the line at what I considered to be slander against a non-county employee.

— Dan Hamburg, Mendocino Listserve, July 22, 2013 explaining why he shut down John Sackowicz at last week’s meeting of the Supervisors.

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A HIGHER LAW

TO: David Eyster, District Attorney, Mendocino County

Ukiah, California

Re: People v. William Edward Parrish,

Case No. MCUK-INNT-13-16663-000

District Attorney Eyster,

I urge you to consider a spirit-of-the-law approach in the case of Will Parrish. He is obviously not a common vandal. We all know why he was doing what he was doing, trying to prevent an ill-fated, unnecessary, unwanted, irreversible ecological disaster from happening. His act was noble, not base; generous, not selfish. And far from alone, his actions represented the thoughts and feelings of a large number of people who are close to, and well informed on, the issue.

Sometimes people are compelled to act in accord with a higher law, outside the statutory ones of their time and place. This is such a case. As District Attorney, you could, of course, use the letter of the law to maximize sentencing against Mr. Parrish, but that would be a terrible miscarriage of justice. Instead, I ask you to judiciously consider the larger context of these events and act accordingly. The law can be used as a weapon or it can serve a higher purpose. The actions of Will Parrish call for the latter response and I hope you will rise to the occasion. — Sincerely, Mike Kalantarian, Navarro

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STATEMENT OF THE DAY: “It’s fitting that Detroit is the first great American city to officially bite the dust, because it produced the means of America’s suicidal destruction: the automobile. Of course you could argue that the motorcar was an inevitable product of the industrial era — and I would not bother to enlist a mob of post-doc philosophy professors to debate that — but the choices we made about what to do with the automobile is another matter. What we chose was to let our great cities go to hell and move outside them in a car-dependent utopia tricked out as a simulacrum of “country living.” The entire experiment of suburbia can, of course, be construed as historically inevitable, too, but is also destined to be abandoned — and sooner than most Americans realize. Finally, what we’ll be left with is a tremendous continental-sized vista of waste and desolation, the end product of this technological thrill ride called Modernity. It’s hard to find redemption in this story, unless it’s a world made by hand, with all its implications for a return to human-ness.” (James Kunstler)

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DRAFT OF TAX SHARING AGREEMENT

Dear friends and neighbors:

The City of Ukiah Ad/Hoc members met several times with Mendocino County Superiors McCowen and Brown, and these meetings resulted in a new formula proposal for a tax sharing agreement between the City and the County.  See link: http://cityofukiah.granicus.com/MetaViewer.php?meta_id=28036&view=&showpdf=1  The proposal will be discussed at a City Council Special Meeting on July 29 at 5:30 PM.   I am not a fan of Ad/Hoc meetings, because they are not Brown Act meetings. Ad/Hoc meetings give the public the general impression that government business is being transacted in secret.  That said, I have several problems with the proposed agreement. As has been the history of tax sharing up until now, the City sees itself as being “in the driver’s seat.” The proposed agreement also highlights several the failures of the Ukiah Valley Area Plan (UVAP).  I’ll write more about this proposed agreement later today.   Also, you may be interested to know that I have it from reliable sources the County’s AS 400 system — its financial system — was down last week for most of the week. This means that much of the work done at the Offices of the County Clerk-Tax Collector/Assessor, the Office of the Treasurer, and the Office of the Auditor, ground to a halt.  I wonder: What did the workers in these offices do all week?. What did they do all week?  And where was the County IT?   — John Sakowicz

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DRONES

The Predator drone began its career as a spy. Its first mission was to fly over the Balkans during the late 1990s and feed live video back to the US. In 2001, it was kitted out with Hellfire missiles and promoted to assassin. The CIA reportedly had qualms about operating unmanned killing machines, but these were swept away by the attacks of 11 September. In October 2001, the Washington Post reported that George W. Bush had signed a ‘presidential finding’ that effectively lifted a 25-year ban on assassinations. Although Bill Clinton had previously claimed the authority to mount covert attacks on al-Qaida, Bush’s finding greatly expanded the pool of potential targets and expressly permitted the drawing up of kill lists. ‘Targeted killing’, the new program, was like ‘clipping toenails’, one official told the Post, because al-Qaida could always generate new leaders. ‘It won’t solve the whole problem, but it’s part of the solution.’

BY EARLY 2002, the Predator had picked off its first target in Yemen. The CIA’s drone campaign in Pakistan got underway in 2004. The US military sent Predators to support ground forces in their campaign against the Taliban in Afghanistan, then against Saddam Hussein’s forces in Iraq, then against the Baathist ‘dead-enders,’ then against the rising insurgency. In 2001, the military had 167 drones; by 2009, it had 5500. Today the US drone fleet numbers more than seven thousand; in addition to Predators, there are longer-distance and harder-hitting Reapers, high-altitude radar-enabled Global Hawks, and hand-launched Ravens that look like model airplanes. Most missions are for surveillance, a substantial fraction for killings. They are carried out by US operators sitting in comfortable chairs in air-conditioned rooms thousands of miles away. Their screens show tiny, pixellated people disappearing into puffs of smoke.

Between three and five thousand people have died this way in Pakistan, Yemen and Somalia; hundreds more have been killed by drones in Afghanistan, Iraq and Libya. Obama oversaw the departure of the last US troops from Iraq last year, and the current plan for Afghanistan is to complete the handover from Nato to local forces by the end of 2014. But as these conventional wars have wound down, the use of drones to kill individuals outside declared war zones has accelerated. Under Bush, the US carried out 48 known drone strikes in Pakistan. Under Obama, there have been more than three hundred. Other than a handful of ‘high value targets’, little is known about who exactly is being killed, and how many of the dead might be considered innocent civilians. Estimates of civilian deaths range from ‘single digits’ in a year (Dianne Feinstein) to the low hundreds (New America Foundation) to nearly a thousand (Bureau of Investigative Journalism) to more than 90 percent of all the deaths in drone strikes (the ex-military officers David Kilcullen and Andrew McDonald Exum). In March 2012, the New York Times reported that all military-age males, armed or unarmed, are considered to be combatants unless there is posthumous evidence proving otherwise; the Obama administration recently disputed this.

Most of the killings take place in inaccessible tribal regions, so the organizations keeping the body counts often base their assessments — ‘civilian’, ‘militant’, ‘insurgent’, or ‘combatant’ — on media reports of whatever is said to have appeared on the video feed. A former drone operator published an account of his experience in Der Spiegel:

Bryant saw a flash on the screen: the explosion. Parts of the building collapsed. The child had disappeared. Bryant had a sick feeling in his stomach. ‘Did we just kill a kid?’ he asked the man sitting next to him. ‘Yeah, I guess that was a kid,’ the pilot replied. ‘Was that a kid?’ they wrote into a chat window on the monitor. Then someone they didn’t know answered….’No. That was a dog.’

In other words, distinguishing between civilian and militant has become a post hoc body-sorting argument. As viewed through the drone’s crosshairs, the ciphers on the ground are neither civilians nor militants: they could be called ‘civilitants’, some of whom have been rendered killable not by who they are or what they have done but by where they happen to be…

(Like a Mosquito, a review by Mattathias Schwartz of Jeremy Scahill’s Dirty Wars: The World is a Battlefield)

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“IT WAS AN ACCUMULATION of velvet, lace, ribbons, diamonds and what else I couldn’t describe. To undress one of these women is like an outing that calls for three weeks advance notice; it’s like moving house.” ( — Jean Cocteau, 1913)

Mendocino County Today: July 24, 2013

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IT’S ALMOST HERE! Not-So-Simple Living Fair 2013 is in just a few days. We’re ready for you, so make your way to the Mendocino County Fairgrounds in Boonville July 26 – 28 (workshops begin at 10am Saturday morning.) This promises to be another great event with some of our same great workshop presenters and also some new presenters and new topics. Music Friday night will be by Foxglove and Saturday night we will welcome back Pura Vida. For a complete run-down, including schedule of workshops, workshop descriptions and presenter information, visit our website http://notsosimple.info. See you there!

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TWO PROTESTERS LOCKDOWN AT WILLITS BYPASS CONSTRUCTION AREA/PHOTOGRAPHER ARRESTED

CHP officers guard a protester locked down to a machine on the Willits Bypass. (Photos from the EarthFirst Facebook Page.)

BypassArrest1Two protesters—a man, Travis Jochimsen, and a woman known as Blue Heron—slipped past the California Highway Patrol early this morning and locked down to machines used to drain land in Mendocino County They are trying to bring attention to the Willits Bypass which they believe is environmentally harmful.  A credentialed photographer with the Willits News, Steve Eberhart, has been arrested this morning at the scene of the lockdown.

According to Eberhart’s editor, Linda Williams, “We’ve contacted our legal staff and he’ll be cited and released within the hour….I think.”  Williams says, “[Eberhart] was the only person arrested.  He had credentials from the Mendocino County Sheriff’s Office as well as our own credentials.”

“This,” she says, “is his first arrest…We’re trying to get him out of jail. It is our number one priority and then get his cameras.”

Caltrans spokesperson Phil Frisbie, Jr. explained that Eberhart entered the Willits Bypass construction area at 5:30 A.M. along with about 15 protesters, and when CHP ordered them all to leave, the others left but he refused. Frisbie says that the group of protesters ”…distracted the two CHP officers who were guarding two wick drain stitchers overnight.  The distraction allowed two other [protesters] to attach themselves to the stitcher towers which had been lowered to the ground for the night.”

According to Frisbie, “Steve knows that the media must have a [Caltrans’] escort to ensure their safety, and he could have left with the protestors and waited for a [Caltrans’] escort.”

An activist site, Save Little Lake Valley, claims that Eberhart was arrested “while waiting for his [Caltrans’] escort to arrive.”

BypassArrest2Rick Shreve, an activist against the Willits Bypass, reports that as of 10 A.M. the protesters are still locked down. He says the protesters are “trying to stop the draining of the wetlands…They are continuing to stop work on the Bypass.”

Frisbie, however says, “We should be installing wick drains again tomorrow. Also, other work such as pile driving are continuing unaffected.”

—Kym Kemp, Courtesy, LostCoastOutpost.com

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AN EXTREMLY WACKY story in Sunday’s Chron that there’s a high incidence of obesity in Mendocino County because we don’t have access to healthy food. The human focus of the piece was a couple of sedentary pudges who live in Gualala. In living fact, it’s harder to eat bad in Mendocino County than lots of places in this fine, fat land of ours. But Gualala people are especially annoyed that the story somehow managed to overlook the town’s two supermarkets, one more upscale than   the other, but both offering a wide variety of healthy and organic   foods. There’s also a weekly Farmer’s Market, an   organic health food store in Anchor Bay, two Food Banks, one in Gualala and one in Point   Arena, and several healthy eating places and grocery outlets in Point   Arena. Not a fast food restaurant anywhere on the Mendo coast until you get all the way to Fort Bragg where there’s a McDonald’s, and the only reason it’s there is for the people who drive up from Modesto to get out of the summer heat. A few years ago “Men’s Health” magazine named Gualala the healthiest place in the country. No exaggeration: You’ve got to search out bad food in Mendocino County.

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FORMER COP ARRESTED IN POT BUST — Law enforcement agents from Lake and Mendocino counties on Friday raided Reflections of Avalon, a Ukiah medical marijuana dispensary, and arrested owner Richard Erickson — a former Lakeport Police officer — according to authorities. Agents arrested Erickson, 60, of Lakeport, on suspicion of cultivating and possessing marijuana for sale, manufacturing a controlled substance and receiving stolen property. He is being held at the Lake County Jail under $150,000 bail. The Lake County Sheriff’s Office, Mendocino Major Crimes Task Force and County of Mendocino Marijuana Eradication Team served a search warrant at the business at about 7am July 19, according to MMCTF Commander Rich Russell. Russell and his Task Force agents were at the scene until about 3pm, during which time authorities arrested at least two other people who showed up at the business, allegedly to sell marijuana. One of the two arrestees allegedly intended to sell marijuana clone plants to the dispensary, and the other was selling between three and four pounds of processed marijuana, according to Russell. Agents seized about 25 pounds of processed marijuana at the scene, along with an unknown number of growing plants, cash and guns, including a Thompson submachine gun, according to Russell. Authorities had opened four safes and were working on a fifth when Russell left the scene, he said. The Lake County Sheriff’s Office was preparing a press release Monday, but the information wasn’t available Monday night. Erickson was an 11-year veteran with the Lakeport Police Department when he was terminated in 2006, the same year he was charged with misappropriating government funds for allegedly using police department equipment and time for personal reasons, including an affair with an 18-year-old woman. He was defended at the time by Don Anderson, who was elected Lake County District Attorney in 2010. Erickson was acquitted in 2007. (— Tiffany Revelle, Courtesy, the Ukiah Daily Journal)

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Redenius

Redenius

ON JULY 18, 2013 at approximately 10:30pm, Deputies from the Mendocino County Sheriff’s Office were dispatched 575 Cropley Lane in Willits to investigate a reported assault with a deadly weapon. The weapon used was an automobile. The 51 year-old male victim reported that his wife’s ex-boyfriend, Shelby E. Redenius, 42, of Willits, had attempted to run him down with a vehicle. Redenius is the father of his wife’s two year-old daughter. The victim stated that he was driving his vehicle on Blosser Lane when Redenius began to follow him very closely in his pickup. Redenius followed him closely all the way to his home on Cropley Lane. When the victim stepped from his vehicle Redenius accelerated his vehicle toward him rapidly, coming within inches of him. Redenius spun his vehicle in tight circles around the victim and his car. Seated inside the victim’s car throughout this incident were his 37-year old wife and her two year-old daughter. The victim stated that Redenius then intentionally drove his truck into the open driver’s door of the victim’s vehicle, bending it forward. Redenius then drove a short distance, spun his truck in a tight “doughnut” once more and drove away. The woman and her child were not injured. The damage to the victim’s vehicle and other evidence at the scene supported the victim’s version of events. Mendocino County Sheriff’s Deputies contacted Shelby Redenius at a Hwy 20 location where he was arrested without incident for assault with a deadly weapon. Redenius was transported to the Mendocino County Jail where he is being held in lieu of $30,000 bail. (Sheriff’s Press Release)

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Feldman, McCully

Feldman, McCully

ON JULY 18, 2013, at about 8:15am, Deputies from the Mendocino County Sheriff’s Office stopped a vehicle on North Highway 101 north of Willits for a violation of the California Vehicle Code. Upon contact with the driver, Allen Feldman, 29, of Los Angeles, and the passenger Benjamin McCully, 30, of Hollywood, deputies detected the odor of marijuana emitting from the vehicle. A search of the vehicle revealed packaging materials commonly used for transporting marijuana and $92,010 cash secreted within the vehicle. Both subjects were arrested and booked into the Mendocino County Jail on marijuana sales charges and are currently held on $30,000 bail. (Sheriff’s Press Release)

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Carr

Carr

ON JULY 18, 2013 at approximately 12:34pm Deputies from the Mendocino County Sheriff’s Office were dispatched to the 3800 block of East Side Calpella Road in Ukiah for a report of an assault with a deadly weapon (vehicle) and brandishing a firearm (rifle). On arrival Deputies were advised two male juveniles and a female juvenile, all age 16, had been riding their ATVs on their property when their neighbor returned home. The neighbor, identified as David Joseph Carr, 65, of Ukiah, was driving on the dirt road which accesses both residences when he suddenly accelerated and began spinning the rear tires and driving extremely fast. All of the juveniles were in the area of the road, returning their ATVs to their fenced in storage location when Carr swerved toward them, causing the three juveniles to pull out of the way and jump their fence. The juveniles advised Carr’s truck came within six feet of them when it passed. The three juveniles said they feared for their lives. Carr pulled to a stop in front of his residence and then went inside. The three juveniles also went inside their residence and began looking at Carr’s residence through their kitchen and dining room windows. All three juveniles said they watched as Carr came out of his front door carrying a rifle. They watched as Carr “shouldered the rifle” and pointed it toward their residence. The three juveniles advised they ducked to the floor, hid, and called 911. The three juveniles said this was not the first time Carr had pointed a rifle at them for riding their ATVs on their own property. Deputies observed the tire marks on the dirt driveway and saw the gravel was disturbed as if someone had been spinning their tires, and saw the tire marks swerved inward toward the juvenile’s residence. Deputies contacted Carr and his wife who were in their front yard watching through the overgrowth of grapevines. Both Carr and his wife were unarmed. Carr advised he had driven very fast down the road when he returned to his residence at the request of his wife, who had called him and advised the juveniles were “terrorizing” her by riding their ATVs on the juvenile’s property. Carr advised he was not trying to run over the juveniles when he drove to his house. Carr advised he did have a rifle but denied ever taking it out of the gun safe that was located in his front room, next to the front door. Carr admitted he had removed the rifle a week prior and went outside to investigate a loud noise that turned out to be the juveniles trying to get their ATV unstuck. Carr was arrested without incident for brandishing a firearm and booked in to the Mendocino County Jail, where he is being held on $30,000 bail. (Sheriff’s Press Release)

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EDITOR: I read an article in your publication written about Thomas Blackburn written in 2012. My interest is in reconnecting with his daughter, Stephanie mentioned in the article. I knew her briefly when we were attending college at U. of Colorado 1956-58. I am simply trying to reconnect and update our lives for the fun of it. I do not know if she married had children or…? And would like to. Could you forward this inquiry to the article writer and ask if he will send it to Stephanie. Thanks, Ron Phillips, R22059J@comcast.net

ED NOTE: That piece was written by Arthur Winfield Knight originally in the early 1990s and reposted last year as a “Blast From the Past.” Unfortunately, Mr. Knight has since passed away.

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COMMENT OF THE DAY, Lost Coast Outpost (HumCo) comment line — a man called Moviedad responding to a fire in a homeless camp near Garberville: “At some point, the wealthy-elites in control of our government are going to have to reestablish care for the mentally ill and the indigent. There are so many people on the streets that in any “civilized” society would be in a mental health institution being looked after. But, to fund their many tax-breaks for corporations and their executives, they have thrown the disabled onto the streets. They’ve tossed out surgery patients who couldn’t pay, onto the sidewalks. In LA some were found wandering around with their IV bottles in tow. In Willow Creek at present, there are at least three individuals wandering around in the heat, who are completely unable to care for themselves. But our society has no concern. Our ‘leaders’ live the high life on working people’s taxes, pay almost none of their own, and solve social problems like the Mafia. But eventually all the birds come home to roost, and the barbarian practice of throwing people on the street to die makes it uncomfortable for the public. ‘Mommy, why is that scary old woman face down in her vomit on the sidewalk?’ ‘Because she’s a loser Suzy..’ It’s hard not become harsh and unforgiving. I can’t get my hands on those who are actually responsible, so blaming the victim becomes the norm. You see this in the interactions between police and the mentally ill. As far as the healthy living on the street with a backpack and a dog; you can see the desperation in their eyes. How long can some of these people make it before they do something? Jobs? Who has enough voluntary gullibility to buy into that BS? There are no jobs for these people. It would take a jobs-program that supplied a bed and a shower. These people are way too far gone to work for a private company. So they sit on the side of the road and they starve, and while they are starving they try to drink themselves to death. Us ‘baby-boomers’ reference the Nazi’s a lot when talking about evil, it annoys some people, but fact is, we are the Nazi’s now. Our system has become so corrupted with heartless fascists in key positions, that the concept of charity and compassion are treated as weakness. It’s become so powerful that whenever some brave soul dares to expose the criminal behavior or murder, genocide and crimes against humanity; they are declared a traitor and our corrupt, illegal, unconscionable Mafia that pretends to be the government of the US, begins the process of putting a ‘Hit’ on them and murdering them. What does all this have to do with a Hobo-camp fire? Why is there a Hobo-camp? Why are there so many people destitute, barely clinging to sanity? Why do I pay more taxes in California than Exxon-Mobil? Why does the board of directors of Exxon get to become rich beyond anyone’s wildest dreams on the oil resources that are legally owned by the ‘People of the United States?’ I just wanted to put my two-cents in on the ‘homeless’ situation before the ‘brownshirts’ all chimed in with their usual ‘kill them all!’ and ‘Let it burn out all the vermin!’ These willing slaves of the ruling class who inhabit the blogs to rail against their neighbors and families on behalf of, and benefit to, the true traitors to our constitution.”


Mendocino County Today: July 25, 2013

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WHAT’S BLACK and never works? Decaf, you racist dog!

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EARLY POLLING shows Hillary Clinton leading the Democratic pack by a wide margin, with a whopping 63% of Democrats telling pollsters that they would vote for the former first lady. Vice President Joe “Joey The Bag Man” Biden came in second with 13% support among Democrats, the party of middle of the road extremists.

THE PARTY OF LINCOLN? New Jersey Gov. Chris Christie leads so far with 15% support among an unappealing pack that includes mega-nut Randian, Paul Ryan, Marco Rubio, Jeb Bush, Rand Paul, and the gringo-ized Ted Cruz.

POLLS CLAIM that Clinton would beat New Jersey Fats with 47% of the vote to his 41%. The woman accurately described by a former female aide as a “monster,” would beat Jeb Bush worse, and the other mediocrities among the Republican frontrunners worse yet.

GIVEN THESE CHOICES, the AVA is already recommending a vote for whomever the Greens put up. The Democrats and Republicans are interchangeable (and disastrous) on the big issues, as Obama has demonstrated beyond all doubt.

THE ONLY DEMOCRAT who appeals to us is Elizabeth Warren, the sole federal officeholder to at least try to control the banks as we head inexorably toward fiscal cataclysm. She’s a lot smarter than Hillary, a much better talker, and she’s undoubtedly much more of a human being. Of course as a smart and principled person, she has no shot at the presidency.

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THE WHOLE SYSTEM STINKS

By Elizabeth Warren

I’ve spent years fighting back against credit card companies that put out zero-interest teaser rate cards, planning to jack up the price later and make all their profits in the fine print. I also fought back against teaser rate mortgages that promised low payments in the first few years, but then shot up to rates that pushed millions of families into foreclosure. So it’s shocking to me that the United States Senate would offer its own teaser rate for our student loan system — a system that is scheduled to make more than $184 billion in profits over the next ten years. That’s not the business the United States government should be in. Speak out right now to make sure the Senate doesn’t pass a deal that would let federal student loans go even higher than their current 6.8% rate. We had a majority in the Senate to keep student interest rates low, but because of Republican filibusters, the interest rate on federally subsidized student loans jumped from 3.4% to 6.8% on July 1st. Instead of restoring that 3.4% rate, a new so-called “compromise” plan on the table raises the interest rate on those loans this year to 3.86% for undergraduate students, and 5.41% for graduate students in 2013. And then it gets worse. The plan is set up to collect higher interest rates in future years. After just 24 months, the rate jumps above 6.8% for graduate students. Within a few years, rates for all loans will be higher than if Congress does nothing — and some could climb as high as 10.5%. Even worse, with the federal government already making billions in profits off these programs, the “compromise” plan is set up to actually increase those profits by hundreds of millions of dollars more. I can’t support a proposal that squeezes even more profits out of our kids, while millionaires and billionaires still don’t pay their fair share. This is a bad deal. Senator Jack Reed has offered an amendment that is a true compromise: let rates move with the market, but set a cap on student loan interest rates at their current rates. I am proud to cosponsor that amendment. It’s the only way to ensure that students don’t end up paying more than they would if Congress does nothing. The Senate will vote on the compromise bill as early as this week. Please speak out now and demand support for Senator Reed’s student loan amendment. In the end, this is a simple math problem. If Republicans insist that we continue to make the same $184 billion in profit off of the student loan program, that just means that students in future years will have to pay higher rates to make up the difference. I don’t believe in pitting our kids against each other. In fact, I think this whole system stinks. We should not go along with any plan that demands that our students continue to produce huge profits for our government. Making billions and billions in profits off the backs of students is obscene. Senator Jack Reed’s amendment is the only plan on the table right now that guarantees student loan interest rates won’t skyrocket above their current levels. We need to pass this amendment for our kids and grandkids. Sign up now to support Senator Reed’s amendment. I appreciate the hard work that my colleagues have done to try to defeat the Republican filibuster so that we can keep student loan rates low. But our students are drowning under a trillion dollars in student loan debt. We need to start now with one basic principle: cut government profits on student loans. I can’t support a deal that actually increases those profits.

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PULITZER PRIZE WINNING AUTHOR, HEDRICK SMITH, will be John Sakowicz’s guest on “All About Money” on KZYX, on Friday, July 26, at am to talk about his new book, “Who Stole the American Dream?”

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LIBERTARIANS LEADING THE FIGHT AGAINST THE NSA

Rep. Justin Amash (R-Hero) is leading the charge

by Justin Raimondo

Edward Snowden’s sacrifice was not in vain because many thousands in the United States are rising to take up the battle he started. And they mean to win.

At the head of the libertarian army that’s storming the gates of the Leviathan: Rep. Justin Amash (R-Michigan), a Ron Paul Republican who won his congressional seat in 2010, and has been in the vanguard of Washington’s young libertarian Turks ever since. And now he has the statist Establishment of both parties fuming, with his amendment to the 2014 defense appropriations bill, the LIBERT-E Act, (H.R. 2399, the Limiting Internet and Blanket Electronic Review of Telecommunications and Email Act) which would outlaw the National Security Agency’s data dragnet, amending the Patriot Act to limit data collection to specific US citizens under active investigation. The bill also requires that secret Foreign Intelligence Surveillance Act (FISA) court opinions be made available to Congress and declassified summaries of the opinions be made available to the public. With liberal Democrat John Conyers signed on as a co-sponsor, and 32 members of Congress from both parties on board, the libertarian movement’s brightest star in the House has thrown a real monkey wrench into the campaign to minimize and whitewash the vast and unaccountable surveillance system secretly set up by the NSA.

And he’s got the Regimists in a real panic. Just reading that Huffington Post headline – “NSA’s Keith Alexander Calls Emergency Private Briefing To Lobby Against Justin Amash Amendment Curtailing Its Power” – was so thrilling that I had to stop writing this column, for a moment, and just bask.

Think of it: forty or so years ago, when the libertarian movement had only just stopped being big enough to fit inside Murray Rothbard’s living room, we often got feedback like “Oh, I didn’t know the librarians had their own political movement.” This morning I read a headline in the Financial Times exclaiming: “Libertarian Republicans Block Pentagon Bill“! Yes, libertarian Republicans – of varying degrees of consistency – in Congress, a small but growing and highly visible vanguard of liberty, which calls itself the Liberty Caucus. And in the fight against the Surveillance State, they are getting support from progressives with a conscience, who are daring to break with this administration over its draconian approach to civil liberties. That’s what has NSA snoop-in-chief Keith Alexander in such a last-minute lather, getting Rep. “Dutch” Ruppersberger (D-Maryland) to call a special top secret briefing for members of Congress:

“The invitation warned members that they could not share what they learned with their constituents or others. ‘The briefing will be held at the Top Secret/SCI level and will be strictly Members-Only,’ reads the invite.”

It’s impossible to parody these people – every time they open their mouths they give themselves away. To anyone outside Washington, D.C., this reads like an invitation to a Soviet Politboro meeting, circa 1933. Is this the kind of government Americans want? I hardly think so. We may be decadent epigones of our pioneer ancestors, effete pushovers for any freebie-promising politico, but Americans aren’t ready for Brezhnevism quite yet.

Ruppersberger, a reliably neoconservative Republican who represents a Maryland district with many thousands of NSA employees (NSA headquarters is in Ft. Meade) has defended the NSA’s spying by declaring “if you have to find a needle in a haystack, you need the haystack” – as succinct a justification for an authoritarian state as has ever been uttered.

The stakes are high – higher than they’ve ever been. And libertarians have a key role to play in this unfolding drama. The libertarian congressional leadership has taken the initiative, with Rep. Amash and Sen. Rand Paul both introducing legislation to roll back the NSA and stand up for the Bill of Rights. Nothing less than the future of the republic is at stake. Which is why grassroots libertarians, and the growing number of liberals and conservatives who never knew we were so close to total tyranny, must back them up. The vote on the LIBERT-E Act is likely coming up on Wednesday – that’s tomorrow. So please – call your congressional representatives.

Don’t know what number to call? Find out here.

Listen to me: this is important. When I heard about this effort – and Amash’s procedural victory in getting this bill on the congressional calendar – I dropped my previous plan to write a column on another topic and insisted they post this one early, so we can get a good jump on the vote and really have an effect. When you call, specific that you are urging a vote for H.R. 2399, an amendment to the defense appropriations bill, that would scale back the powers of the NSA. Be nice, and be brief.

(Courtesy, Antiwar.com)

WE’VE BEEN TOLD that local Congressman Jared “Spike” Huffman voted in favor of restricting the NSA.

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PUBLIC SHOWS OVERWHELMING OPPOSITION TO SHASTA DAM RAISE PLAN

by Dan Bacher

One thing became clear from the public workshop regarding the proposed Shasta Dam raise held at the Holiday Inn in Redding on July 16 — the vast majority of local people, ranging from Winnemem Wintu Tribe members to local business owners, oppose the raising of the dam.

When one woman in the crowd asked for a show of hands of those who oppose the dam raise and those who support it, the majority of the 250 people in the audience raised their hands in opposition. Only a small number of hands went up in support of the controversial plan.

The event began with a power point presentation by Michelle Denning of the Bureau of Reclamation, accompanied by other Reclamation staff and consultants.

The primary purposes of the project are to (1) “increase survival of anadromous fish populations in the upper Sacramento River” and (2) “increase water supply and water supply reliability for agricultural, municipal and industrial, and environmental purposes,” according to the Bureau.

The workshop focused on the Draft Environmental Impact Statement for raising Shasta Dam. The 90-day public comment and review period for the EIS started on July 1 – and the workshop held in Redding was one of three workshops held throughout the state that week.

The draft EIR evaluates five controversial alternatives that would raise the dam from 6.5 feet to 18.5 feet, increasing the reservoir’s capacity by 256,000 to 634,000 acre-feet. The document also evaluates a “no-action alternative.”

Presenters claimed that the study, the Shasta Lake Water Resources Investigation, would improve the “operational flexibility” of the Delta watershed and increase the survival of salmon and other fish in the Sacramento River by increasing the amount of cold water pool available to be released to improve downstream temperature conditions for fish during critical periods.

Other “benefits” touted in the power point presentation include increased flood protection, providing additional hydropower supplies, and improving water quality in the Sacramento River and the Delta.

However, as one speaker after another pointed out in an informal public comment and question period, there are many adverse impacts of the project. These include the inundation of the Winnemem Wintu Tribe’s sacred sites, the need to relocate boat ramps, campgrounds and other recreational facilities, dislocation of residents and business owners on Shasta Lake, loss of future income by displaced people, the take and loss of habitat for numerous special-status species at Shasta Lake and vicinity, and impacts on south Delta water levels and Delta outflows.

The project would also impact the McCloud River’s status for listing as a federal Wild & Scenic River. Dam raise critics also questioned whether the management of the cold water pool is effective way of managing declining populations of Central Valley Chinook salmon.

Kenwani-Cahee Kravitz, a member of the Winnemem Wintu Tribe, said the Shasta Dam raise would violate her religious freedoms.

“My daughter will not be able to do her puberty ceremony if the dam is raised,” said Kravitz. “Our sacred rock where we conduct the puberty ceremony will go under water if the dam is raised.”

Harold Jones, owner of Sugar Loaf Cottages on Lake Shasta, said his operation would go out of business if the dam is raised 18-1/2 feet as proposed.

“If they take the property and pay for the land, then what will we do about our future income? The government doesn’t allow future income loss to be considered in compensating landowners and business owners,” he emphasized.

Caleen Sisk, Chief of the Winnemem Wintu Tribe, asked several questions starting with, “When will the 1941 Indian Land Acquisition Act, that took the tribal lands, be addressed?”

The officials refused to answer this question, since they apparently had no answer.

Sisk also asked: “Will raising the dam meet the demands of Southern California?”

Denning responded that the dam raise would provide water to the Central Valley Project and deliver some exported water to people in the San Joaquin Valley, East Bay Area and Glenn and Colusa Counties, but acknowledged that it would be not be enough to satisfy all of the contracts and Southern California.

Finally, Sisk asked, “Where is the plan to get the salmon above the dam?”

Denning responded, “The biological opinion alternatives dedicate 60 percent of storage to cold water to improve downriver conditions for fisheries in dry and critically dry years by meeting the temperature requirements,” but she never really addressed the plan to get the fish above the dams.

The Winnemen Wintu have been for years trying to pressure the federal government to reintroduce winter run Chinook salmon, by means of salmon transplanted to New Zealand around the turn of the century, to the McCloud River above Shasta Dam.

Sisk also emphasized that the current cold water pool management isn’t producing the targeted number of fish, as required by federal law.

The Central Valley Project Improvement Act of 1992 mandated the doubling of all anadromous fish populations, including Central Valley chinook salmon, by 2002. Instead, the salmon populations crashed in 2008 and 2009, due to record water exports out of the Delta and poor ocean and river conditions, and the goal of 990,000 naturally spawning salmon has never been met.

A new analysis released on May 13 by the Golden Gate Salmon Association (GGSA) and the Natural Resources Defense Council (NRDC) reveals that the salmon fishery is limping along at only 20 percent of the population goal required by state and federal law. (http://www.indybay.org/newsitems/2013/05/15/18736849.php

“How do you expect extending the cold water pool for salmon at Shasta will produce more salmon when the current cold water pool management hasn’t made more fish?” Sisk said. “This is not logical.”

Chris, a local resident, l exposed the absurdity of plans to raise the dam when the lake has been has filled only 11 times in the 59 years of the existence of the reservoir, only 19 percent of the time.

“This tells us that the lake has been mismanaged 48 percent of the time. It makes more sense to manage the water that you have in the reservoir than than to raise the dam,” he pointed out.

In response to my question about the relation between the plan to build the peripheral tunnels and the dam raise proposal, Denning said there is “no relationship between the dam raise study and the Bay Delta Conservation Plan.”

However, everybody who has studied the issue knows that there is a clear relationship between the two projects because one is contingent upon the other. The dam is being raised to provide increased water to corporate agribusiness and oil companies that will be shipped south through the peripheral tunnels.

After the meeting Chief Sisk pointed out that participants in the workshop forgot to ask two key questions about emergency evacuation plans and toxic waste.

“No one asked about the evacuation plans for Redding should the dam ever break,” said Sisk. “Just think… no one thought Hurricane Katrina would ever happen.”

“Also, what about the toxic waste at the bottom of the Lake?” she noted.

Background: In February of 2012, the Bureau of Reclamation released a Draft Feasibility Study that determined the project was both” technically and environmentally feasible,” as well as “economically justified;” the study determined that raising the dam 18.5 feet would cost just over $1 billion dollars and would produce from $18 to $63 million in net economic benefits per year.

The project is just in its beginning stages; the Draft Feasibility Report, the Draft Environmental Impact Statement, and the public comments received on both documents will be used to determine next steps. If the project is approved, it could be completed by 2021.

Written comments on the Draft EIS may be provided at any time before midnight Monday, September 30, and should be mailed to Katrina Chow, Project Manager, Reclamation, Planning Division, 2800 Cottage Way, Sacramento, CA 95825-1893, 916-978-5067 (TTY 916-978-5608), or email BOR-MPR-SLWRI [at] usbr.gov. All comments will be considered.

The Bureau will host three formal public hearings to receive oral or written comments regarding the draft EIS. They will be held on the following dates at the following locations:

Tuesday, September 10, 6-8 p.m., Holiday Inn, Palomino Room, 1900 Hilltop Drive, Redding, CA. 96002

Wednesday, September 11, 1-3 p.m., Cal Expo Quality Inn Hotel and Suites, Conference Room, 1413 Howe Avenue, Sacramento, CA 95825

Thursday, September 12, 6-8 p.m., Merced County Fairgrounds, Germino Building, 403 F Street, Los Banos, CA 93635

For information on the Draft EIS, please visit ‘http://www.usbr.gov/mp/nepa/nepa_projdetails.cfm?Project_ID=1915. If you encounter problems accessing the documents online, please call 916-978-5100.

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ROLLING STONE SALES ARE UP BY 20% even though some retailers refused to stock the magazine after it featured the Boston bombing suspect on its cover.

tsarnaevcoverThe controversial August cover, which made Dzhokhar Tsarnaev look more like a rock star than a terrorism suspect, sparked outrage when it was released earlier this month.

As Boston officials and victims lambasted the magazine for celebrating the suspect and ignoring the victims, some retailers, including CVS and Walgreens, pulled the edition from its shelves.

But despite this backlash, it appears that the magazine has sold more copies this month than normal.

A circulation source told the New York Post that sales for the issue until the first weekend of the month were running around 20% above its normal rate.

Rolling Stone usually sells around 81,000 copies, but the estimated sell-through is now believed to be at least 90,000 copies, the source said.

A Rolling Stone spokeswoman declined comment on the figures.

The cover of August’s edition is a self-taken portrait of Tsarnaev, 19, and he is identified simply as “The Bomber.” The article promises to explain “how a popular, promising student was failed by his family, fell into radical Islam, and became a monster.”

The cover of Rolling Stone is typically occupied by rock stars and actors, and many felt the choice glorified Tsarnaev, who is accused of killing four people and wounding more than 260.

Boston Mayor Thomas Menino described the cover as a “total disgrace” and said it should have put survivors or first responders on the cover. “Why are we glorifying a guy who created mayhem in the city of Boston?” Menino asked. “Why would we want to heroize this guy? He’s a terrorist. We don’t want him in our neighborhoods. We don’t want him on magazines. We don’t want him anywhere.”

MBTA Transit Officer Richard ‘Dic’ Donahue, who almost died when he was shot during a firefight with the Tsarnaev brothers, said: “I cannot and do not condone the cover of the magazine.”

In their brief statement, Rolling Stone — founded in the 1960s by Jann Wenner who is still editor-in-chief — said their “hearts go out to the victims of the Boston Marathon bombing, and our thoughts are always with them.”

“The cover story we are publishing this week falls within the traditions of journalism and Rolling Stone’s long-standing commitment to serious and thoughtful coverage of the most important political and cultural issues of our day,” it said.

Pointing out that Dzhokhar is in the same age group as many of their readers, Rolling Stone said that fact “makes it all the more important for us to examine the complexities of this issue.”

In response to the cover, police photographer Sgt. Sean Murphy released photographs showing a weak and bloodied Tsarnaev in the moments before he was captured.

The Massachusetts police did not authorize the release of the images, and he has now been put on desk duty until an investigation into his conduct is complete.

Tsarnaev, who is currently being held without bail in a federal prison in Massachusetts, has pleaded not guilty to 30 counts — including the four killings — associated with the bombing.

(Courtesy, the London Daily Mail)

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

THE TALMAGE FLAG BURNER

by Bruce McEwen

Doff your hat and clap your hand over your heart! If in uniform, snap to attention and salute! Run up the colors, and play “The Stars and Stripes Forever”!

“I’m not safe at the jail,” hollered Michael T. Grunwald, suspected of torching Old Glory.

Grunwald

Grunwald

“They’re after me!”

Grunwald could be heard howling in anger, fear and perhaps pain, all the way down the elevator and out the back, condemning the court, slandering the judge, the system, the halls of justice, the whole show. Everyone was gape-mouthed. Grunwald had pulled off one of the all-time Courthouse freakouts.

But he hadn’t helped his defense much.

Mr. Grunwald, 58, of Talmage, was arrested June 13th, the day before Flag Day, and charged with arson. He was accused of burning a neighbor’s flag that same morning at 2070 Old River Road. Nobody saw him burn the flag, so Grunwald seemed to think he had an open and shut case for his own innocence and decided he didn’t need a lawyer. He could handle the matter him­self.

To many people, defending yourself in court seems simple enough. You just tell the judge what happened and he or she will understand. Judges, being fair and reasonable individuals of intelligence and with their share of experience in the big, wide world, will be understanding. Tell it to Judge Simpatico and he or she will cut you loose.

Unfortunately, it doesn’t work that way. Except in closing arguments, you are seldom allowed to tell the judge what happened. By the time you get to court and find this out, it’s too late to make a new plan. All you are going to be allowed to do, you discover, is ask some questions of a witness, which, in this case, was the cop who busted you.

The cop will have told his side of the story at the prompting of the prosecutor, and your side must be told only through cross-examination of the cop. Ever try to get somebody — someone on the other side — to tell your side?

The cop won’t think you have a side. He will not want to answer your questions, and he will know how to dodge them even if you do get off what you think are real zingers. You will get frustrated and flustered and look like a fool. Worse, you’ll get convicted of whatever you’re charged with. Then, if you’re human, you’ll get angry at the system and everyone involved in it, and make yourself look not only guilty but also crazy, even to those who would otherwise have thought you sane and innocent.

Keep in mind that the rules of evidence are complex and rigid. Even experienced lawyers have difficulty get­ting it right. In fact, most lawyers are not trial lawyers for the simple reason that presenting evidence in court is too demanding, too tricky, and they simply can’t manage it.

The former DA, Meredith Lintott, had a court date last week but didn’t show. She sent her lawyer, Mr. Kin­dopp (see below)*. Ms. Lintott is a seasoned lawyer, been in lots of courtrooms. Why would she feel the need to hire a lawyer? Because she knows better than to repre­sent herself. When professionals with extensive educa­tion and experience know better than to go to court with­out a lawyer, why would you, Mr. Grunwald — espe­cially when the judge is willing to appoint one for free?

Mr. Grunwald was the latest example of this timeless folly of a fool representing himself. It was Grunwald’s word against the cop’s.

Deputy Paoli had arrived after the flag fire had been doused. But Grunwald was still footin’ it on home, and he’d been seen in the immediate vicinity of the flag burning. It still seemed to Grunwald that he had a fair chance of winning the case.

But Grunwald didn’t understand, for one thing, that this was a preliminary hearing, not a trial. The prosecu­tion, in the form of a talented young lawyer named Josh Rosenfeld, did not have to “prove beyond a reasonable doubt” that Grunwald burnt the flag, making him an ar­sonist, since the flag was attached to a house.

At a prelim, all Deputy DA Rosenfeld had to do was make the judge “reasonably suspicious” that Grunwald may have set Old Glory aflame. And while losing a pre­lim is not a conviction, it is at least halfway there, and most reasonable defendants see the writing on the wall, as it were, and settle for whatever they can get when the facts are laid out during this first hearing. Another thing Grunwald didn’t seem know was that this was a 115 pre­lim, a result of Proposition 115, which meant the prose­cution didn’t have to subpoena all the witnesses they would bring to a trial. In essence, it meant the cop could repeat hearsay as evidence; that is, what other people told him about what had happened.

In the old days, before Prop 115, anyone an officer spoke with would have to be brought to court and sworn in to testify, like in a trial, so the defense could cross-examine them. Not anymore. And herein lay the Mr. Grunwald’s doom on his first excursion into “the sys­tem.”

As mentioned earlier, Mr. Rosenfeld is a talented trial lawyer. But it didn’t take much talent to put Grun­wald on the ropes. Rosenfeld called Deputy Paoli to the stand, his only witness. Paoli said when he arrived at the scene he talked to a cable splicer for AT&T, Brian Far­rer. Farrer told Paoli that he saw the suspect, Grunwald, walking away from the burning flag at a fast pace. Just then a neighbor came out of a nearby house, a Mr. Diaz, who helped Farrer put the flag fire out. Mr. Diaz said he recognized Grunwald from the previous day, June 12th.

On June 12th, a vehicle had hit a power pole in the area and knocked down some power lines which started a grass and brush fire. Mr. Grunwald was there trying to put the fire out, and he became angry at the other resi­dents who had not helped him fight the blaze before the Ukiah Fire truck got there.

Deputy Paoli was allowed considerable latitude in his narration, which an experienced lawyer would have objected to. Grunwald was not an experienced lawyer. And DDA Rosenfeld knew what questions to ask to dig the defendant in deeper.

“Do many of the houses have wells and electric water pumps in that area?” Rosenfeld asked.

“Yes,” Paoli answered, “and with the power lines down, the homeowners were unable to use their hoses to extinguish the fire.”

“So, there was no water and Grunwald was upset, yelling at people?”

“Yes. He was very agitated with the local residents for not providing water.”

The next day, after the flag fire was put out, Sergeant Dan Edwards responded to the arson call and saw Grun­wald, who fit the description Diaz and Farrer had given him, in the 1200 block of Talmage Road and searched him, finding a Bic lighter in his pocket. Grunwald was asked if he had “an issue” with residents in the area the day before, and when he admitted he was upset with them for not helping put out the fire the day before, he was taken into custody.

On cross, Grunwald said, “Supposedly, those people recognized me from the day before.”

“What is your question, Mr. Grunwald?” Judge Ann Moorman asked. “You have to ask the witness questions. You can’t just make statements.”

“I want to know how they recognized me.”

“You have to ask a question.”

“How did they recognize me?”

Paoli said they recognized him as the person trying to put out the fire the day before.

“Right across the street is Buddha Land,” Grunwald said.

Paoli looked on blankly.

“What’s your question,” Moorman asked.

“Well, isn’t Buddha Land right across the street?”

“Yes,” Paoli said.

“And there’s lots of dry grass and fields there, cor­rect?”

“Yes.”

“So if you lived up the street like I do you’d think I was right to fight that fire!”

“That’s not a proper question, Mr. Grunwald,” Moor­man said.

“This was an electrical fire, wasn’t it? And you don’t fight an electrical fire with water, do you?”

Paoli said nothing.

“Oh… Now, you say your sergeant searched me and found a Bic?”

“Yes.”

“Did he also say I smoke cigarettes — it was very nice for you he left that part out?”

“That’s argumentative, Mr. Grunwald.”

“Well, did he find anything else?”

“No.”

“Did Diaz or Farrer actually see me light the flag on fire?”

“No.”

“So we don’t even know who did it. Was anyone seen lighting the flag on fire?”

“No.”

Grunwald was out of questions, and deputy Paoli stepped down.

“Do you want to argue, Mr. Grunwald?”

Grunwald said, “I see there were no eyewitnesses that I lit the flag on fire. I was seen in the area and that’s all. So, I’d move to dismiss this case.”

Moorman said, “The burden on the people in a pre­lim is not to prove beyond a reasonable doubt that you set the fire, but only to create a strong suspicion that you may have, and they have met that burden. The testimony from the witness was that you were seen leaving the area in a hasty fashion, and the flag was burning. That is rea­sonable suspicion, and I’m going to hold you to answer.”

Grunwald had lost, but he wanted out of jail. His bail had been set at $100,000 because as soon as he’d bailed out of jail on the flag burning arrest, he went to his ex-wife’s house and took a rather ominous array of items from her — a pair of coveralls, a hatchet, a pair of slip­pers. There was also an allegation that he’d whispered in his ex-wife’s ear while she was sleeping and had other­wise annoyed her. The whispers apparently weren’t of the sweet nothings genre because his ex immediately called the police. Then there were some charges of tak­ing things from a car, an allegation of possession of a controlled substance. And since Grunwald had accumu­lated these charges while on bail for the flag burning his bail had been increased to $100,000.

“I’d like to get OR’d,” Grunwald told Judge Moor­man. “I need to pay rent and I have animals to take care of. I’ve made all my court appearances, and I’ve lived here over 20 years.”

DDA Rosenfeld said Grunwald represented a threat to both the community and his ex-wife and bail should remain at $100,000.

Judge Moorman agreed, at which point Grunwald went all the way off.

“Do you know how many times these cops have arrested me on little bullshit charges?” Grunwald yelled at the judge. “Just because I turned in their little dope dealer who was selling drugs down at the high school? And I don’t feel safe with these cops, they’re out to get me. Look! [holding up his shackled leg] — Look at this! There, now I’ve said it: it’s out there, in open court. But this court isn’t worth a shit, and neither are you. You need to fix your hair, your hair’s a mess!”

Dude, you just went so far over the line you’ll need a compass to find your way back.

The deputy was hustling Grunwald out as fast as he could, but we could hear the defendant loud and clear all the way downstairs.

The guy probably ought to get a sanity hearing. If he isn’t nuts he’s doing a great job faking it.

(*The case against former DA Meredith Lintott is a libel suit brought by Robert Forest of Fort Bragg, as described by Tim Stelloh in these pages back in 2009 and re-printed here. Recently, a state appellate court rejected Ms. Lintott’s claim that Mr. Forest’s suit was a SLAPP suit, thus allowing it to go forward. But it’s not scheduled for trial until next year, at the earliest.)

Fort Bragg’s Smoking Police Report

by Tim Stelloh

A cigarette.

That’s what caused the argument between Robert For­est and Stanley Douglass one November afternoon three years ago, in 2006. They were in downtown Fort Bragg, and Forest was walking from a coffee shop back toward the bar where, earlier, he’d had a couple drinks and where he’d parked his motorcycle. Douglass was walking along Franklin Street. They met. They scuffled. And that’s when Forest, then 54, removed a .32 pistol from his pocket and aimed at Douglass, then 26.

That much is clear.

How that scuffle lead to a federal lawsuit filed two months ago claiming a former Fort Bragg cop had altered police documents, thus causing Forest’s “wrong­ful” and “malicious” prosecution in the same case, is another story.

Which we’ll get to.

First, a bit more on that cigarette. How the argument happened is still up for debate: According to police reports, Forest said he was walking back from Headlands Cafe when Douglass, who’s black, approached him, grabbed him, demanded a cigarette. Forest told police that Douglass had said he was a gangbanger and that he’d rough Forest up. Forest also said he felt threatened, so he got his pistol — for which he had a concealed weapons permit (that would later be suspended).

Douglass put it differently. He told the cops that as he was walking past the bar, saw Forest and asked him for a cigarette. An argument followed, so Douglass started walking away — which is when Forest grabbed him and pulled out the gun. A witness provided police — and later the DA — with a version of events that more or less matched Douglass’s. The police arrested Forest (who, it turned out, had been convicted 20 years earlier for carrying a concealed, loaded weapon), charged him with assault with a deadly weapon and forwarded the case to the DA’s office.

Which is when things got weird.

About a month after the incident, Forest’s arresting officer sent an email to recently hired Police Chief Mark Puthuff. The report had apparently been changed: Words had been rephrased. Conversations the officer never had had been inserted. Paragraphs where Forest described his side of the scuffle had been deleted.

“I was working on the supplement you had requested on this case, and when I began to re-read my (4 page) supplement to refresh my memory, I realized that it had been altered. No, I’m not kidding, it has literally been changed,” wrote the officer, Sgt. Brandon Lee. “I found some paragraphs inserted that I never put in there, and then found some missing as well. This is pretty typical fro [sic] FBPD. Anyway, I am sending you this email to let you know that I printed a copy of my supplement, with highlighted sections where the narrative had been changed or deleted. I find this very disturbing, because if I had not taken the time to review it, I never would have known it was like that.”

In the margins of the report, Lee scrawled comments noting which sections had been altered. “This is gar­bage,” he wrote at the top of the report, “and I would not testify to this under oath that I wrote this!”

Meanwhile, the DA’s office was proceeding with the case — though shortly after Lee sent that email, prose­cutor Tim Stoen learned of the problems at the police department. He learned that Lee had accused a veteran supervising officer, Lt. Floyd Higdon, of altering the report, according to court documents.

Forest, who once worked with Higdon as a reserve officer, had “professional and personal disagreements” with the lieutenant. The day Forest was arrested and booked, those differences were apparently on full dis­play: Forest promptly asked if Higdon was the officer who’d ordered his arrest. (He was). “I should’ve known,” he told the arresting officer, Brandon Lee. When Lee asked if Forest could post bail in Fort Bragg, Higdon “insisted” that he be moved to Ukiah instead.

Shortly after these problems began, Higdon retired. He’d been on the force 25 years. He then left Mendo altogether for Merced in the Central Valley, where he’s now a police commander; he’d been “recruited” by for­mer Fort Bragg police chief Russ Thomas, he said. Hig­don declined to comment on the charges, except to say he’d deny them and that he didn’t alter anything.

Problems dogged the DA’s case against Forest, how­ever, and in January 2008, District Attorney Meredith Lintott dropped the charges against him. Nowhere in her decision did she mention the problems with Higdon and Lee; she simply said a conviction was not probable.

Tim Stoen, the prosecutor, still maintains that he would have gotten a guilty verdict if his boss had stuck it out. At the time, he made sure Fort Bragg PD knew how he felt.

“It seemed obvious to me that this conflict within the department was causing it to reverse position on the desirability of prosecuting Robert Forest despite the ‘firearm seriousness’ of the charge’,” he said, according to court documents. “At the preliminary hearing the defendant’s first attorney stated in open court that the new chief of police [Mark Puthuff] himself had gone so far as to tell him — the defense attorney! — that Lieu­tenant Higdon had poisoned the reports in this case,” Stoen said. “After working for seven different elected District Attorneys, I cannot recall a single instance where the internal quarrels within a law enforcement depart­ment created a similar attempt to impugn the integrity of an ongoing prosecution.”

That “poison” is one of the central claims in Forest’s federal case. So are the “disagreements.”

Nevertheless, the attorney representing Higdon — along with the city of Fort Bragg and the Fort Bragg Police Department, which are also named in the suit — said she’s confident they’ll win. “We believe the com­plaint to be unfounded and expect that will be the ulti­mate outcome,” said the lawyer, Nancy Delaney.

Donald Kilmer, Forest’s attorney, said a tentative agreement has been in reached in the case, although details are yet to be worked out.

To see the documents behind this story, visit TheAVA.com. ¥¥

(Jonah Owen-Lamb contributed to this story.)

Mendocino County Today: July 26, 2013

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BACK IN 2011, the Mendo Board of Supervisors discussed logging the 57 County-owned acres 
of timber near the Little River Airport. It was a long discussion, a very long discussion, centered around whether the timber market would produce
 enough revenue to justify doing the paperwork and associated planning.
 Supervisor John Pinches specifically said that if the paperwork was going
 to cost over $30k, and the expected revenue from the job was only about $100k, it wasn’t
 worth it; Pinches thought maybe the timber market would improve in a year or 
two. Pinches has experience in the timber business, and the board in 2011 deferred to his expertise and voted unanimously to postpone the logging.

ALSO DURING that 2011 discussion John Sakowicz read into the record a 
letter from Fort Bragg forester Tom Kisliuk who complained that the forester the County had selected,
 a Mr. Roger Sternberg, wasn’t experienced in 
actual logging administration and was charging the County too much for the 
paperwork. Kisliuk had written that the County had selected a forester who 
had never written an approved NTMP (non-industrial timber management plan) 
or administered a Notice of Timber Operations or a Harvest Plan. “The 
forester is not experienced nor the most economical choice,” concluded
 Sakowicz in 2011. “Perhaps the competition was not to hire the most 
experienced or most economical forester, but to hire a colleague of the
 County’s extension forester who, like the winning candidate, has never
 written an approved timber harvest plan or administered an NTO. … I wonder 
if more valuable contracts are awarded based on personal relationships 
rather than producing the best result for the client, the Mendocino County 
taxpayers.”

IN 2011 THE BOARD didn’t address the specific merits of Mr. Kisliuk’s
 complaint, but they did vote unanimously to postpone the logging until the 
timber market improved.

NOW, two years later, the Little River logging job has come back on the
 Board’s radar. But the last round of paperwork is no longer
 current and, at a minimum, another round of bird surveys will have to be
 done, which will involve additional time and cost. Other plan updates are
 also required, such as an estimate of the value of the merchantable timber
 that might result.

ACCORDING to Mr. Kisliuk the problems he described in 2011 are still
 unaddressed. Mr. Sternberg has apparently been hired on a “time and
 materials” basis to update the paperwork but, says Kisliuk, Sternberg was
not the low bidder — Mr. Kisliuk was. Mr. Kisliuk insists that he has more
 experience with NTMPs and the other logging experience that Mr. Sternberg 
doesn’t have. So why didn’t he get the job?

AS FAR AS WE CAN TELL, Mr. Sternberg’s specialty is conservation
 easements. He’s a registered professional forester but available on-line 
references show that he’s closely associated with local land trusts and
with County Forest Advisor Greg Giusti.

MR. KISLIUK has complained about the recent awarding of the contract to
 Mr. Sternberg to both General Services Director Kristin McMenomey and
 Deputy County Counsel Doug Losak, both of whom offered only perfunctory
responses, saying there was nothing amiss in the bidding process. Mr. Losak confirmed that the contract award process included the two men Kisliuk says are friends or colleagues of Sternberg: “Mendocino County 
General Services Agency (GSA) enlisted the assistance of Steve Smith,
Registered Professional Forester to be a member of the evaluation
 panel. GSA also requested the presence of Greg Guisti, Registered
Professional Forester to be in attendance while the panel reviewed
 the responses. Mr. Guisti did not participate in the ranking of the
 responses received, he was in attendance to answer any questions.”

MR. KISLIUK says his recent bid was a “not-to-exceed” bid of $10,000 which 
would be substantially lower than Mr. Sternberg’s, especially considering 
that a good portion of the paperwork has already been done. In
 addition, back in 2011 when the Board last discussed the logging project, Supervisor Pinches, the Board’s go-to guy when the subject is 
logging, said, “If we’re going to spend 30% of our estimated value [$100k]
 on this I think we ought to just drop this whole proposal. That’s way
 outtaline. I was thinking around maybe $8-10k.” By “30%” Pinches was 
referring to the estimated $30k that Giusti et al had mentioned based on
 the work being performed by Sternberg. That number will now increase
 because additional planning and paperwork must be prepared because of 
the two years having elapsed.

IT SEEMS to us that Mr. Kisliuk has again raised legitimate questions about the bidding 
process and the amount of money being spent on the logging plan preparation, not to mention the implication of a palsy-walsy hiring process. Certainly, it’s not Mr. Sternberg’s fault that the job was 
postponed so long that the bird surveys have to be re-done — the postponement was a
 Board decision. At the time they hoped to re-submit a plan early enough 
that the surveys would still be current. But that didn’t happen and now the County is going through the process again with some of the same
 questions about how it’s done and who’s doing it.

A COUPLE WEEKS ago, during a brief discussion of the Little River Logging
 project status, the Board directed CEO Carmel Angelo to report back to 
them about the scheduling of the project in light of the expired bird
surveys and the current value of the timber. No date was given for when
Ms. Angelo would report back, but presumably it will be soon.

THERE ARE OTHER QUESTIONS, TOO. In 2011 there was some suspicion that some 
of the trees were diseased. If 
that wasn’t addressed, the timber value may be even less now, two years 
later. Mr. Kisliuk says there’s some old growth in the vicinity that is 
probably important bird habitat which should be specifically excluded from 
logging but which has not been discussed so far. And in the past Kisliuk 
has said that Mr. Sternberg doesn’t have enough actual logging experience 
to properly assess the current commercial value of the available timber.

AT A MINIMUM, there would appear to be several good reasons for the Board
 to revisit the Little River Logging project, including a close look at all
 the latest bids to make sure the best interests of the County are met.

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

COUPLA WEEKS AGO we bought some chicks, having fed 11 of 20 of our adult hens to the larger predators which, we think now, is probably a fox. Something has been getting in the pen occasionally for going on two years now. Soon as we think we’ve got it critter-proof, there goes another chicken.

WE PUT the new chicks in what we thought was a secure enclosure and, overnight, several of the popcorn-size chicks and another hen were murdered in their sleep. And not eaten. The creature that did it was a thrill killer.

WE INITIALLY suspected a rehabbed feral cat, Newman, that we adopted two years ago from a Ukiah rescue center. Maybe Newman wasn’t fully rehabbed. Maybe he wanted to see if his old survival skills were still viable, and had somehow heaved his great bulk over the fence and into the pen. But Newman’s general sloth, his odd fear of adult chickens in the daytime, and his regular meals seemed to exclude Newman as the culprit. One afternoon, as a gopher dug a hole literally in front of his face, Newman took one look and dozed off. Any other cat would have immediately launched into full pounce mode. I can’t believe he’d go to all the trouble to knock off a bunch of two week-old chickens just for the thrill of it.

I’VE HAD chickens before, and I’ve lived in Boonville for a long time. In all my rural years I’d never heard of a chicken-killing cat, but it isn’t often a topic of conversation even in the outback. Most rural people simply build their chicken coops as invincible as they can and hope for the best. A civit cat wiped out three successive flocks of mine once. That was years ago, but I finally caught him in the act.

IF A FOX, even a proverbial one, got into the henhouse, wouldn’t he chow down once he was in? All our other chicken fatalities had been consumed, or at least partially consumed. Until last week, when a rat dog drove a fox out of his well-hidden little lair across the fence, the only known chicken killers on the place were possums and skunks, and neither of them or any of their relatives had been seen in months.

SO I WROTE to Petite Teton, the thriving little farm out Yorkville way. Of farming necessity, Petite Teton battles everything from the elements, to wild critters, to the Mendocino County Health Department. Nikki said she thought a feral cat or a reformed feral cat could not be eliminated from the suspect pool. She said she’d heard of bears, foxes and weasels supposedly killing for fun but had no experience with these creatures. Petite Teton’s problem, she said, is “more mundane: bobcats. We’ve live-trapped and deported five of them this month, but only after they killed ten of our chickens. They work both at night and in the daytime, and since we interrupted the killings each time (two chickens per kill), they didn’t get to eat their victims. But it meant we had fresh killed chicken to butcher five different times right at our dinnertime. Very upsetting and exhausting. The cats are beautiful and were every age from baby to grandpa/ma.”

OUR PLACE is more of a neighborhood. Bobcats might wander through, but we’ve never seen any signs of them. There’s fox scat all over the place, all over Anderson Valley, in fact. You can hear them everywhere if you’re up at 3am.

PETITE TETON has the heaviest concentration of bobcats I’ve heard of in The Valley, but I’ve seldom seen them except deep in the hills, and on those occasions only once did I get a good look at one before he shot off into the underbrush. I think the fox has been getting our chickens, which he sometimes eats, sometimes doesn’t eat. We’ve beefed up the pen. Again. And hope for the best.

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

CHP ARRESTS JOURNALIST TO STOP NEWS OF PROTEST

(San Jose Mercury-News Editorial)

There’s a battle of wills taking place in Willits, where Caltrans has begun construction on a highway bypass around this small Mendocino County town. The bypass diverting Highway 101 has its supporters and its detractors, including a small group of protesters who have made it their mission to disrupt the construction at every opportunity.

On Tuesday, the protesters snuck onto the construction site early in the morning once again — but the only person arrested was the photographer for The Willits News, the twice-weekly local newspaper, who was there to document the latest protest.

This is clearly a tactic to discourage protesters by keeping them out of the news. It’s actually an acknowledgment of Caltrans’ and California Highway Patrol incompetence at controlling what happens at the site. It’s wrong and it’s got to stop.

The protesters cite the environmental damage they believe the construction is wreaking on the valley, its wetlands and natural beauty. They also say $200 million is too high a price for the relatively small amount of traffic that will be diverted. But Caltrans has been planning this bypass for two decades to relieve the backups on Willits streets, which the locals generally acknowledge is a serious problem.

The protests began in January to stop the initial tree clearing. They have included tree sitters, crane sitters and people chaining themselves to construction equipment. A few have been arrested. Others disperse when told to, but they always come back. The CHP has spent at least $1 million trying to keep protesters off the construction site. It has failed miserably, so it has apparently decided to try arresting or harassing members of the media who show up to cover the protests.

StephenEberhardSteve Eberhard, a longtime freelance photographer for the Willits News, was arrested early Tuesday as he approached the area where some protesters had chained themselves to construction equipment and others stood nearby. None of the protesters had been arrested, but as soon as Eberhard showed up he was cuffed and led away, his camera equipment taken from him.

The media has been told that unless members have a Caltrans escort, they are trespassing on the site. But Caltrans only provides escorts during “regular business hours” and sometimes not even then — especially if there’s something worth photographing. The CHP, meanwhile, has told protesters that when a journalist shows up, the first arrest will be the media, presumably so that the protests will go undocumented — as if anyone with a smart phone isn’t a photographer these days. The CHP has harassed journalists even when they have a Caltrans escort and even when they’re in in a public right of way near the site.

And just for the record, Eberhard is a senior citizen, a retiree and a veteran. He has press credentials, including one from the Mendocino County Sheriff’s Office. And because Willits is in a rural and isolated area, Eberhard is just about the only visual journalist chronicling the project. Appearances by TV crews or metro area print photographers are rare.

Eberhard has been cited for trespassing. We are glad to hear the district attorney will likely dismiss the charge, as he’s done for other first-time offenders in the protests — but this dismissal is necessary: The trespass law exempts people who “are engaging in activities protected by the California or United States Constitution,” which Eberhard clearly was as a journalist covering a protest.

The protests are going to continue. Trying to keep the media away is pointless and self-defeating. .

The CHP is normally more professional than this. When did arresting the messenger become a good way to stop crime? Let’s try ending the incompetence, and the news won’t look so bad.

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THE GOVERNMENT has poured unprecedented amounts of money into the economy in an attempt to get it moving. It’s done that through “quantitative easing,” which involves buying back its own bonds using money that doesn’t actually exist. It’s like borrowing money from somebody and then paying them back with a piece of paper on which you’ve written the word “Money” — and then, magically, it turns out that the piece of paper with “Money” on it is real money.

Money(Note: don’t try this.) Another way of describing quantitative easing would be that it is as if, when you look up your bank balance online, you had the additional ability to add to it just by typing numbers on your keyboard. Ordinary people can’t do this, obviously, but governments can; they can use this newly created magic money to buy back their own debt. That’s what quantitative easing is. — John Lanchester

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AVA RULES!

(Yadira Mendoza updates us on the success of the AVA-sponsored women’s softball team!)

AVASoftballGood Morning. Here’s a team picture from last night’s playoff games. We won third place and had a fun season. Thank you for your sponsorship; our team appreciates being able to play every summer, thanks to your donation. Pictured from left to right: Jenna Walker, Aimee Summit-Yates, Ruby Peña, Ana Carrillo, Rebekah Toohey, Yadira Mendoza, Mimi Mendoza, Amanda Hiatt, Kayla Garcia, Tiffany Gibson, Marika Martinez. Jeremy Yates and Jamie Silva are our base coaches. (Not pictured: Maia Leon-Guerrero)

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JIMMY CARTER has revealed that he received the most assassination threats since leaving office of any former president. The one-term Democrat said that he has been the subject of up to three legitimate assassination attempts since he left the White House in January 1981. The details of the assassination plots were not released, but Mr. Carter described them as being domestic in nature, meaning that the would-be killers were American. Adding to security concerns about the former president, he has been particularly active since leaving office and regularly travels abroad, to North Korea, Africa, and the Middle East. “When I go on an overseas trip almost invariably, I get a report from the Secret Service that where I’m going is very dangerous,” the former President told author Larry Sabato, according to The Washington Examiner. “Sometimes they [the Secret Service] ask me not to go, and I go anyway. They and I both just laugh about it. So I have been more concerned about my safety in doing the Carter Center’s business overseas than I ever was in the White House.” No information was released about any known threats against former President Clinton’s life or that of either former Bush presidents. President Obama made history in 2007 when as a Senator he was the first presidential candidate to receive Secret Service protection before formally becoming his party’s nominee because there were a number of threats against him based on race. Carter, 89, made the revelation about his safety procedures while meeting with Mr. Sabato as part of his research for a book on the legacy of President John F. Kennedy. As for his own legacy, Carter’s public image has largely been shaped in recent years by the work he did since leaving the White House. He founded the eponymous Carter Center to address human rights issues across the globe, working to help eradicate diseases like trachoma and Guinea worm disease globally. Carter even won the Nobel Peace Prize in 2002 for the effort he put into finding ‘peaceful solutions to international conflicts, to advancing democracy and human rights. He is the first and only American president to receive the distinguished award after his term in office.

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LEAST HONEST PLACE IN AMERICA: WASHINGTON DC.

HonestyMapPeople in Washington DC are by far the most dishonest in America, according to a new study, while their cousins in Hawaii and Alabama are basically saints. Beverage company Honest Tea went to every US state earlier this month and set up 61 unmanned kiosks offering tea for $1. Tea drinkers were instructed to place their buck in a box nearby. But only eight in 10 beverage guzzlers in the nation’s capital paid for their tea, while the other 20% of people skipped out on the minimal amount. The other states where you should hold on to your purse were West Virginia where only 85% of participants paid for their tea, followed by Texas and Kentucky at 87%. In comparison, everyone in Hawaii and Alabama paid up without exception. Indiana and Maine followed closely behind, with some 99% proving to be honest, according to the company’s fifth annual test. This year, however, was the first year every state has been represented. Unlike the city that shares its name, Washington state seemed to honor it’s Founding Father’s sentiment, scoring 96% — considerably higher than the national average of 92%. ‘Even though my bicycle was stolen the same day as our DC experiment, it’s reassuring to know that 92% of Americans will do the right thing even when it seems no one is watching,’ Honest Tea co-founder Seth Goldman said. New York ranked in the middle of the pack at 91%, which was better than people expected. California tied with New Jersey, with a score of 96%. The results also determined which sex was more honest than the other and women slightly edged out men with a score of 95% compared to 91%.

(Courtesy, the London Daily Mail)

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I MUST GET HOME

I am breathless with fear somewhere deep

though I am not fearful to where you can see.

I am perhaps in that state we parse as sleep

but not sleep. Divine but not as such divinity.

Don’t listen. I won’t speak. We’re even. Feel

your way with that soft sense you can’t name.

It’s a lost art or a lost world or maybe not real.

It’s the flag you plant on land you’ll never claim.

You were saying but I wasn’t listening oh hell

and I should have been I am so terribly me.

I must get home to set table, ring dinner bell,

eat alone, be courageous, for a small infinity.

— Lawrence Bullock

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THE 31ST ANNUAL ROUND VALLEY BLACKBERRY FESTIVAL will be held this year on August 17th and 18th at the festival grounds in downtown Covelo. Mickey the Clown will be back as Master of Ceremonies and will kick off the festivities at noon on Saturday with various musical groups playing throughout the entire weekend. Enjoy a blackberry slush while strolling around the surrounding arbor which will be full of numerous arts and craft vendors and community organizations. Saturday night join the community for a fun square dance. There will be a 5/10K run/walk on Sunday morning (http://www.roundvalley.org/library/race.pdf) followed by a country style breakfast. Later in the day enjoy the motorcycle and antique car show featuring local, and out of town, vehicles worth seeing. The festival runs from noon to 7pm on Saturday and 10am to 5pm on Sunday. Admission is free. Further information can be found at www.roundvalleyblackberryfestival.com.

— Sharon Durall

Mendocino County Today: July 27, 2013

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A 15-YEAR-OLD runaway from a Los Angeles group home was apparently kidnapped and kept as a sex slave on a Lake County marijuana farm. The Los Angeles Police Department says the girl was taken by Ryan Balletto, 30, and Patrick Pearmain, 25, and held at their large-scale pot grow near Clearlake where the girl was secured in a four-foot by two foot tool box with breathing holes cut into it. Her abductors, she said, would periodically hose her down in lieu of regular bathing. When they weren’t engaging her in sex, she said she was forced to work on the marijuana garden. She said she voluntarily engaged in sexual relations with Pearmain but was forced to have sex with Balletto, a married man whose wife has also been arrested. Christa McConnell and Balletto have five children, one of whom, an infant, was found asleep dangerously close to a loaded handgun earlier in the month at a home in Lakeport shared by McConnell and Balletto.

Ballato, McConnell, Pearmain

Ballato, McConnell, Pearmain

BALLETTO’S grow operation was located on 681 acres off Zeno Road in Ogulin Canyon. The feds, of course, have claimed that the farm generated upwards of $20 million over the past year. About a thousand plants were uprooted during the task force raid on the place last week and a small arsenal of guns confiscated — all this plus the lurid details alleged by the young sex slave.

LakeCoArsenalTHE SORDID ALLEGATIONS briefly included rape charges against one Eric Edgar, 45, but were soon dropped. Edgar had been held on bail of a million dollars.

THE CHARGES against Edgar were dismissed so quickly it suggests that when this sordidly titillating story is sorted out it will probably be merely sordid. The DEA’s press releases always make it seem like the agency has just uncovered the crime of the century.

THERE ARE RECURRENT rumors of women being held at pot grows — “potstitutes” — who function as trimmers and sex toys for the criminals drawn to the enterprise by visions of quick cash, quick big cash. But the young woman recovered in Lake County is the first we know of where allegations of forced sex have been made by an identifiable person.

ACCORDING to the Humboldt County Sheriff’s Department there are more than 4,000 known grows just in HumCo. Factor in X-number of unknown grows and, what? Well, for one thing, the business isn’t the one begun by Ma and Pa Peace and Love back in ’72 for a little cash to pay the mortgage on Back To The Land Acres.

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IS THIS A WASTE OF MONEY?

(Spoiler Alert! Yes.)

AGENDA SUMMARY (Mendocino County Board of Supervisors, July 30, 2013):

“On June 14, 2013, the Employment Development Department, Workforce Services Division awarded Mendocino County/Workforce Investment Board (WIB) $402,714 of the WIA Governor Discretionary funds to be used for dislocated worker employment services, county-wide, per the Workforce Investment Act. The term of the funds is retroactive to April 1, 2013, through June 30, 2014. The HHSA/WIA unit retains $40,271 for administrative oversight. MPIC has delivered dislocated worker employment services since May of 2000.”

FROM THE ATTACHED DESCRIPTION OF SERVICES—

Contractor shall provide the following services for 78 Dislocated Workers:

• WIA Title IB Dislocated Workers: Provide Core Non-Registered and Core Registered Services to customers as follows:  Outreach, intake profiling, information on services available;  Initial assessment, including support needs;  Provision of employment statistics for the labor market area;  Job vacancy listings;  Information in skills requirements for occupations;  Local occupations in demand, earnings and skill requirements for jobs;  Performance and cost information on training providers in the area;  Labor Market Information;  Access to EDD’s Wagner-Peyser services;  Internet access, including career and job search;  Access to computers with resume-writing programs; Eligibility determination for additional services through WIA

• Provide Intensive Services to customers as follows:  Comprehensive assessment;  Specialized assessment;  In-depth interviewing and evaluation to identify employment barriers;  Career Planning and the development of the Individual Employment Plan (IEP);  Customer-centered case management;  Job and career counseling;  Life skills and Job Club;  Access to support services through the One-Stop or under WIA;  Work Experience Contracts

•  Provide Training Services to customers as follows:;  Issue Individual Training Accounts for:;  Vocational and Occupational Skills Training;  Skill upgrading;  GED and Basic Skills Training;  Negotiate and write On-the-Job Training contracts;  Provide Contract Education classes as appropriate.

ED NOTE UNO: $402,714/78 = $5163 per “dislocated worker.” However, all the money goes to the non-dislocated WIB Counselors for their “services.”

ED NOTE DOS: Nowhere in all of the contract’s associated “reporting requirements” is there any requirement to report how many of the 78 “dislocated workers” are located.

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BACK OFF, UKIAH; WE WANT COSTCO!

Draft of Letter to the suits at the Ohio-based mall development company which owns the abandoned Masonite site north of Ukiah proposed for discussion at the July 30, 2013 Board of Supervisors meeting:

To: Mr. Michael N. Dobrota, Vice President, Northwest Atlantic (Real Estate Services), 9 Corporate Park, Suite 230, Irvine, CA 92606; and to: Mr. Jeffrey J. Martin, Vice President of Development, DDR Corp., 3300 Enterprise Parkway, Beachwood, OH 44122.

RE: DDR Corp. Site Development

Dear Mr. Dobrota and Mr. Martin,

We write this letter signifying our strong resolve and commitment to the revitalization of the DDR site (the former “Masonite Site”). We see this property as a potential key economic driver for the County and our citizens. We welcome and encourage Costco or any other large retailer to come back to the table on this prime location. We believe this is in the best interest of our citizens.

In our past relationship, DDR Corp. has shown an impressive vision for future development of the DDR property that included the potential realization of retail and commercial facilities built in a modern multi-use configuration. Of all the future development sites across Mendocino County, the DDR site clearly has the most potential for growth and ease of access. Sadly, these efforts have not come to fruition, yet it is only a matter of time before this site is brought to the forefront as the next center of economic growth and development in Mendocino County. We believe that time is now.

The County is now ready to take action on any impediment to infill development on this site and is supportive of rezoning the DDR property for Costco or any other retail outlets or housing developments that could be located at this site. Mendocino County is committed to working with its service districts to assure that critical utilities, such as water, transportation and energy, are available to development projects occurring on the DDR property.

Mendocino County has a renewed interest in developing the DDR property. During the July 16, 2013 Board of Supervisors meeting, direction was given to the Executive Office to schedule a meeting with Costco Corp., DDR Corp. and the County. The purpose of this meeting would be to discuss revisiting the use of the DDR property, currently owned by DDR Corp., for the location of a new Costco retail store.

The Board of Supervisors is in unanimous support of promoting greater economic development that is in harmony with regional planning efforts. The County has adopted its Ukiah Valley Area Plan (UVAP) and is in the process of implementing this all-important planning document to facilitate jobs and housing opportunities within the County’s borders. Another prime reason for the adoption and implementation of the UVAP was to preserve open space and agricultural lands within the County. These are goals that can cohabitate with development on the DDR site.

We know the DDR site continues to be the preferred site for business development. There are lingering long-term access deficiencies at the City’s proposed site for a Costco retail store in the southern part of the City of Ukiah. The DDR site is simply more flexible and with the County’s unwavering support, development projects can happen quickly and be better tailored for the needs of those who will eventually occupy these sites for the next several decades. Mendocino County is prepared to devote staff resources to develop this property and to accommodate businesses and housing at this site.

Thank you for your time and consideration, and please do not hesitate to contact the Board of Supervisor’s liaison to the Executive Office, Brandon Merritt, at merrittb@co.mendocino.ca.us or by calling him at 707-463-7236 if you would like to proceed with a meeting.

ED NOTE UNO: The City of Ukiah is rushing headlong into finishing their “redevelopment” project involving the placement of a Costco bigbox in Ukiah city limits at the Airport Business Park (never mind the traffic jam it’ll create at the Highway 101 off ramp) so they can cash in on the sales tax increment to pay back the redevelopment, theoretically. But now, here’s the County of Mendocino proposing to invite Costco to the old Masonite site property outside the City of Ukiah. No wonder there’s no tax sharing agreement between the City of the Ukiah and the County after more than a decade of trying.

ED NOTE DOS: “DDR Corp. has shown an impressive vision for future development of the DDR…” A plain vanilla mall which would take business away from other local businesses, assuming that malls are even viable enterprises anymore is “an impressive vision”? What’s next: A fracking plant on Low Gap Road?

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“BUT THE WORST kind of two-faced justice happens when there is a killing. When White Hawk, an Indian boy, killed a white jeweler he was sentenced to death. This sentence was later commuted to life imprisonment, and yet we know White Hawk wasn’t in his right mind when he did this. That’s the sentence for killing a white man — death.

“The sentence for killing a red man is different. When a 17-year-old white boy shot an Indian father in his 50s, shooting him seven times with a German Luger, he got away with two years. When a white man from White River killed an Indian boy from Murdo he got 30 days in jail and and a $100 fine for assault and battery. They said they couldn’t convict him for murder because he simply married the main witness to the killing, an Indian girl who had seen the crime.

“And a rich white rancher shot and killed a young Indian, a very quiet and shy churchgoer. The white man was armed, the Indian was not. There were no witnesses, but the rancher admitted having shot that boy. The white man wasn’t even arrested for two weeks. When the trial came up he was acquitted. Justifiable homicide, that’s what they called it. These things stay in our memory.”

— Lame Deer, Lakota medicine man, 1972

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THIS SMALL ITEM on the Board of Supervisors closed session agenda next Tuesday indicates that Supervisor Dan Hamburg is going ahead with his lawsuit against the very County he currently “supervises” to get retroactive permission to bury his late wife Carrie where she is already buried, and to recoup his substantial legal costs, estimated previously at well north of $10,000. Last month his colleagues voted 4-0 to more or less automatically reject his claim. Now that Hamburg has filed suit, his legal costs will be even further north. It must be awkward for his colleagues to have to meet in closed session to discuss the County’s defense to this clearly avoidable and possibly costly lawsuit.

Pursuant to Government Code Section 54956.9(d)(1) — Conference with Legal Counsel — Existing Litigation: Daniel E. Hamburg v. County of Mendocino; Superior Court Case No. SCUK-CVPB-13-26080.

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FOX TALK, A MENDO READER WRITES: ”We were just saying that if and when we decide to get chickens, we will have to build a seriously hermetic coop and pen knowing these woods are full of foxes. A longtime local said he’s noticed that in a drought year when the foxes eat most of the bunny rabbits, they then become much more aggressive about harvesting fruit and chickens and cat and dog food. I trust you will find a solution. Eggs make the world go round.”

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POINT CABRILLO LIGHTHOUSE: UPCOMING EVENTS

On August 3rd there will be a lively concert with Scottish fiddle, pipes, bodhran, and whistles. Rebecca Lomnicky and David Brewer will begin at 7:30, and parking in front of the Keepers houses. Contact GiftShop@PointCabrillo.org or leave message: 707/937-6123

A week later on August 10th, a chance to tour the lens room at the top of the lighthouse on National Light House Day. The Point Cabrillo Light Station Historic State Park will open its lantern room to see its beautifully restored Third Order Fresnel Lens in operation. www.pointcabrillo.org.

Mendocino County Today: July 28, 2013

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THE RECENT WILLITS NEWS editorial about last week’s arrest of the paper’s photographer, Mr. Eberhard, at the Willits Bypass construction site, says the Bypass is needed to relieve the overload on Willits streets from Highway 101 traffic — “traffic which keeps downtown Willits backed up so badly that locals all generally acknowledge it’s a serious problem.”

BUT THE OVERLOAD is mostly local traffic that backs up at “the bottleneck,” which few people would describe as “downtown” Willits; downtown Willits is north of the bottleneck. People who think the Bypass will significantly reduce traffic in Willits itself are in for a surprise. They talk about how wonderful Willits is going to be, “just like Cloverdale” when Cloverdale was bypassed 30 years ago. Cloverdale lost 80% of its traffic, but Willits is likely to keep 80% of its traffic because, for one major reason, there are no off and on ramps at the always busy Highway 20 junction to and from Fort Bragg, and the unchecked Willits sprawl north and south of the bottleneck will continue to back up much of the day every day.

StephenEberhardANOTHER MINOR POINT: “The only person arrested was the photographer for The Willits News.” The protesters, except for the two locked to equipment, left the site when the police told them to leave. Eberhard lingered. The video shows the demonstrators with the banner backing up, and when they slowed down or went the wrong way, the cop says: “If you stop again I’ll arrest you,” and they left. And, of course the two who were locked-down were in fact arrested later in the day.

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THE MASONITE CORP’S attempt to reverse the County of Mendocino’s approval of a proposed gravel mine north of Ukiah has been successful. The California Court of Appeals has found in favor of Masonite, which still owns land north of Ukiah adjacent to its old manufacturing site.

MASONITE had appealed a local ruling denying the corporation’s petition to set aside the County’s approval of a 65-acre terrace mining operation Granite Construction had proposed to build on Kunzler Ranch Road. Masonite claimed that the County should have “recirculated” the EIR because the approved mine project “had significantly greater impacts than the one originally proposed,” according to the Appellate Court’s decision.

MASONITE, suddenly a defender of the natural world, also claimed that the County “erroneously determined that conservation easements and in-lieu fees were not feasible ways to mitigate the loss of prime farmland due to the project”; that the EIR didn’t correctly assess the project’s “cumulative impacts on agricultural resources”; that the County’s mitigation measures for truck traffic on a private road were inadequate; and that the EIR didn’t adequately evaluate alternatives.

THE COURT said that a reconsidered EIR would provide for comment “on possible mitigation measures” to protect a rare frog (a mutant created by years of formaldahyde baths?) and also found in favor of Masonite on agricultural easements, cumulative impacts on farmland and traffic mitigation.

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THE OLD MASONITE site is owned by Developers Diversified Realty. DDR had hoped to build an 800,000-square-foot shopping mall and housing development on those now vacant and forlorn acres.

Abandoned Masonite Site, looking south toward Ukiah

Abandoned Masonite Site, looking south toward Ukiah

AN ODD DISPUTE has lately arisen between the County and the City of Ukiah over where to place a proposed CostCo outlet. Supervisor Pinches would like to see a CostCo on the DDR-Masonite site, which is north of the Ukiah city limits. Ukiah wants CostCo and its big sales taxes to be placed inside the city limits in an area already given over to big box stores.

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MENDOCINO COUNTY will hand another $325,000 to the Mendocino County 
Promotional Alliance next week like they’ve done every year since the early 90s. In spite of the County’s self-described (and really) 
precarious financial situation based on flat revenue projections and 
steadily increasing costs of operations, healthcare, and pensions, County staff has put
 two related spendthrift items on Tuesday’s agenda:

1. “Pursuant to Mendocino County Code Section 5.140.250 ‘The County and 
Mendocino County Lodging Association (MCLA) shall enter into a contract 
(agreement) prior to the expenditure of Business Improvement District
 (BID) funds by the MCLA for the services, activities, and programs 
authorized by this Chapter.’ This contract also designates the Mendocino
 County Promotional Alliance (MCPA) as the recipient of the County’s 50% 
match to the BID Assessment funds. As recommended by the BID Advisory
 Board in its Annual Report to the Board, this Agreement requires an annual
 financial review of MCLA, with a full audit triggered by any noted 
irregularity. This Agreement also stipulates that Visit Mendocino County 
(as a subcontractor of MCLA and MCPA that is now receiving most of the
 promotional funding for actual implementation of the marketing workplan) 
is to receive an annual financial audit. A copy of this Agreement is
 available for review at the Executive Office.”

2. “Section 5.140.250 of the Mendocino County Code states, in part, ‘The
 County and MCLA (Mendocino County Lodging Association) shall enter into a 
contract prior to the expenditure of… (BID assessment funds) … by the MCLA 
for the services, activities, and programs authorized by this Chapter…
 This contract shall provide for a fifty percent (50%) County match of the
 assessment collected… for the purpose of countywide promotion. This 50%
 match shall be directed to the Mendocino County Promotional Alliance 
(MCPA) and/or MCLA…’ As required, the agreement with MCLA (also before the
 Board today) provides clarity with regard to the County match by
 specifying that it be received by MCPA for Countywide promotion and 
marketing. As recommended by the BID Advisory Board in its Annual Report 
to the Board, this Agreement requires an annual financial review of MCPA,
 with a full audit triggered by any noted irregularity. This Agreement also 
stipulates that Visit Mendocino County (as a subcontractor of MCPA and 
MCLA that is now receiving most of the promotional funding for actual 
implementation of the marketing workplan) is to receive an annual 
financial audit. A copy of this Agreement is available for review at the
 Executive Office.

”

YIKES! TALK ABOUT TOP HEAVY! MCLA is its own organization. MCPA is its own 
organization. Another organization, the “Business Improvement District” 
takes in $325k from its members with its own “advisory board.” The County 
and its staff and officials takes in $325k more from local taxpayers. Then 
it’s all mushed together and handed over to Visit Mendocino County as a 
“subcontractor” to both organizations. By their own budget, about 40% of their “expenses” are for “personnel” (i.e., themselves), and “operations” (i.e. office space, lunch with wine, desks, computers and internet hookups, etc. for themselves)

VMC2IT’S SO RIDICULOUSLY COMPLEX that
 the County then has to insert separate fig-leaf “annual financial reviews”
 of both the Promotional Alliance and the Lodging Association (who are all
 the same people), and a “full audit” if any of these palsy-walsys “note” any “irregularity” in their own operations.

VMC1VISIT MENDOCINO COUNTY (also more of the same people) will also get its own “annual financial audit.”

THE PROMOTIONAL ALLIANCE receives the County’s half of the $650k “promotional” budget.
 With that $325k plus some other donated funds the Promotional Alliance is supposed to “cooperate with 
the Mendocino County Lodging Association, Chambers of Commerce visitor
 services locations — a laughably over-engineered kiosk in Boonville is one — the Arts Council of Mendocino County, Visit Mendocino 
County, Inc., restaurants and to provide the services, activities and programs to pimp Mendo to the great unwashed. The great cooperative effort to lure tourists “shall include, but is not limited to, assisting Visit 
Mendocino County, Inc (VMC) in the development of their annual marketing
 plan and the implementation of activities as outlined in the Marketing 
Plan…”

ADDITIONALLY, the Promotional Alliance “shall be solely responsible for the 
timely maintenance of any and all visit Mendocino County ‘Gateway Signs’ 
to be erected along major highways in the County. Maintenance shall 
include, but not be limited to, repair, graffiti removal, clearing brush
 which impedes visibility, and removal or restoration as appropriate.”

TRANSLATION: Maintain the signs and go ahead and give away the rest of the money 
to whomever you want so long as you call it “marketing” to satisfy the auditor.

TO GET A FEEL for what these people are about, take this one sentence from their “marketing plan”: “Baby boomers are interested in exotic places, but they don’t want to ‘rough it,’ they expect some luxury.” (So Mendo taxpayers have to subsidize it.)

LuxuryTHE LODGING ASSOCIATION takes in $325k from local restaurants,
 tasting rooms and B&Bs from their BID, then mixes in a few more hundred thou from the “North Coast Tourism Council,” the “Mendocino Winegrowers Inc. Sublease,” and “other income” totaling just over $1 mil. They then do pretty much the same (no)thing, plus
 “cooperate” with the Mendocino Wine Grape and Wine Commission to do more 
of the same (no)thing.

THE LODGING ASSOCIATION doesn’t have to 
bother with the road signs, but they do have to pay for the wine and cheese at the grin and grope meetings these people enjoy, and prepare the 
reports about which of their friends they plan to give the money to.

THERE’S ALSO this odd requirement: “this Report shall include any information regarding the board activities of MCLA, MCPA, and VMC that were deemed by its members to be positive or negative outcomes of actions taken by those boards in the preceding year.”

DEEMED, kemo sabe? Positive or negative outcomes…? Huh? The Lodging Association is supposed to report on what its members “deem” to be “negative”? Why? Could there possibly be a prob? (Hint: Yes. Lots of tourist-based businesses don’t like paying for pricey wine and cheese events in San Francisco.)

VMCExpensesBY THE TIME ALL THESE top heavy agencies which have somehow inserted their hustling selves into this “promotional” mumbo-jumbo, and the auditors and bookkeepers all get their cut, how much money will be left to bribe wine and food writers to come up to Mendo to eat and drink for free at Mendo’s fine dining establishments? (John? John Bonné? Time for your annual Mendo freebie-weebies.)

THIS WHOLE “PROMOTIONAL” IDEA was a bad idea to begin with, especially given the County’s fragile budget. Now it’s been taken over by self-serving, ever-expanding bureaucracies who do nothing but pay themselves to tell the Board they’re doing a great job at producing no tangible results whatsoever.

CalendarTHEREFORE, expect the Board of Supervisors to rubberstamp the $325k on Tuesday with minimal discussion.

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THE JUDGE said to a double-homicide defendant, “You’re charged with beating your wife to death with a hammer.”
 A voice at the back of the courtroom yelled out, “You bastard!”
 The judge said, “You’re also charged with beating your mother-in-law to death with a hammer.” 
The voice in the back of the courtroom yelled out, “You rotten bastard!” 
The judge stopped and said to Paddy in the back of the courtroom, “Sir, I can understand your anger and frustration at these crimes, but no more outbursts from you, or I’ll charge you with contempt. Is that understood?” 
Paddy stood up and said, “I’m sorry, Your Honor, but for 15 years I’ve lived next door to that arsehole, and every time I asked to borrow a hammer, he said he didn’t have one.”

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OUCH! The Atlantic Magazine Talks Humboldt Pot—Badly

by Kym Kemp

“While those hippie outlaws are still around the Emerald Triangle, come harvest time you’re just as likely to see a new breed of grower around town, standing on the side of the road holding cardboard signs looking for work ‘clipping and bagging’ marijuana plants,” writes Jesse Hyde in an article about the environmental impact of marijuana grows for the well respected Atlantic Magazine. He is seemingly unaware that the trimmers who stand alongside roads asking for jobs are not the growers. Trimmers, whether transients or locals, have little to do with the practices — such as water depletion, grading inappropriately, and putting chemicals on the crops— that are concerning environmentalists about the burgeoning marijuana industry.

The article also warns that “Today, at least one third of the marijuana grown in the state is produced indoors, which accounts for 9% of California’s annual electricity use.” But, Evan Mills study, the only one this reporter is aware of, says “In California, the top-producing state, indoor cultivation is responsible for about 3% of all electricity use or 8% of household use.” This is a relatively easy mistake to make but still painful. Californians do expend a lot of electricity on indoor grows but there is a difference between 8% of household use and 9% of all electricity consumed including industrial use.

The photograph of “marijuanahumboldt,” may be the most unforgivable of all. That isn’t Humboldt marijuana anymore than an image of crushed grape skins is a picture of a fine Napa wine. It’s as if someone posted a picture of Angelina Jolie’s toenail clippings instead of her face. If only our local growers could sue for defamation and misrepresentation…

The article begins with a compelling tale from Scott Bauer, a local Dept. of Fish and Wildlife staff environmentalist. Bauer’s first encounter with the impact of marijuana grown insensitively on public land is told in heartbreaking detail — “Towering pines and Douglas firs, some over a century old, had been leveled, and a bulldozer had dumped several tons of sediment into a nearby creek, choking it off.”

The article ends with Bauer returning to the site of his first encounter to find “sacks of pesticides that hadn’t been there more than a few weeks. The growers were back, expanding their operation.” The story could have been compelling… but, the egregious mistakes took credibility from the entire piece.

(Courtesy, LostCoastOutpost.com)

Mendocino County Today: July 29, 2013

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ACCORDING to an AP report that claims AP has “exclusive survey data,” (data they paid for) four out of five American adults “struggle with joblessness, near-poverty or reliance on welfare for at least parts of their lives,” a fact of American life obvious to anybody outside bubble neighborhoods — Westside Ukiah, much of San Francisco, the Oakland-Berkeley hills, the hill muffin areas of Anderson Valley, the ridges and ocean view lots from Gualala to Mendocino, most of Lake County, and almost everywhere in the country east of I-5.

ECONOMIC INSECURITY among whites has grown to include more than 76% of white adults by the time they turn 60, according to a new economic gauge being published next year by the Oxford University Press. “The gauge defines economic insecurity as experiencing unemployment at some point in their working lives, or a year or more of reliance on government aid such as food stamps or income below 150% of the poverty line. Measured across all races, the risk of economic insecurity rises to 79%.

MARRIAGE RATES are in decline among all races, and the number of white mother-headed households living in poverty has risen to the level of black ones.

46.2 MILLION, or 15% of the population, are poor by any measurement. More than 19 million whites fall below the poverty line of $23,021 for a family of four, accounting for more than 41% of the nation’s destitute, nearly double the number of poor blacks.

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THAT HEAVY SMOKE up and down the Mendocino Coast on Sunday is, according to the National Weather Service, drifting south from Southern Oregon. The Douglas Complex Fires as in Douglas County, Oregon, is the source of most of the smoke in Mendocino County. There were no fires reported in Mendocino County on Sunday. The Mendocino Air Quality Control Board issues air quality alerts but the office seems to be on auto-pilot on weekends. According to their website the air is as clear as the morning God first breathed it.

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LINDA WILLIAMS of the Willits News writes:

“Bruce, I take a small exception to your characterization that The Willits News photojournalist was ‘lingering’ which is why he was arrested on Tuesday. The video shows him approaching and shaking the hand of one CHP officer. They appear to be having a professional conversation and Mango was so unconcerned with it he was panning his camera to video stationary equipment. The entire time from the handshake to people shouting he was being arrested was 39 seconds. We did not post the full 36 minutes of tape shot by Mango because we did not have his permission to do so, but the officer took longer than 39 seconds to warn the original protesters carrying the banner earlier that morning. The protesters moved slowly when exiting, stopping from time to time, then moving on as they were told they would be arrested if they didn’t keep moving. This looked a lot closer to lingering to me. Contrast that with the quick arrest of our journalist. On the whole 36 minute long video you can see Eberhard arrived a minimum of half an hour after the banner-carrying protest group was told to leave. I’m not sure the actual time between the protesters leaving the site as Mango kept saying his batteries were getting low. The actual time may have been longer as it looks like the video was shutdown and started up a few times when nothing was happening with the chainees before Eberhard arrived. The two chainees were cited and released, and yes, technically, this is an arrest. But they, unlike my photojournalist, were not handcuffed, placed in a squad car, taken to Ukiah, then transferred to a Mendocino County Jail holding cell before being booked, then released. If you really think the two are the same, please post the booking photos of the two protesters as you have the one of Steve Eberhard, because you can’t. I don’t know about you but I would much prefer being cited and released.”

I TAKE YOUR point, Ms. Williams. Why the CHP arrested Eberhard remains a mystery. It was silly.

BUT THE WILLITS NEWS’s “stop the hate” editorial, you could say, is an exercise in false equivalence because the protesters have not hurled “vile rhetoric” indiscriminately at their fellow citizens. A few nutballs peppered the CHP with “vile rhetoric” during the early April extraction of that character who threw a bucket of his waste on the cops. After that, though, the Bypass protesters seemed to grasp that acting like a bunch of backward acid casualties was losing them support, which was thin to begin with.

YOUR EDITORIAL says that anti-Bypass people have been so rude to pro-Bypass people that the pro-Bypass people have “boycotted” the community meetings for fear of being yelled at. Doubt it. Both “community meetings” were put on by the anti-Bypass organized by Save Our Little Lake Valley. As a lure to get people who, ah, are unaffiliated with, ah, er, I dunno, drum circles, to show up, the one-way discussions were moderated by Sheriff Allman. (Did the Sheriff use his gun as the gavel?)

BUT THE PANELISTS were all anti-Bypass. You would probably agree that pro-Bypass people had zero incentive to show up simply to listen to a lot of lock-step opinion. A real discussion, not to say a much more interesting one, would involve pro and anti. As someone said on-line, “Why should we go to a forum about wick drains when there’s nobody with any expertise on wick drains on the panel; just some anti-Bypassers who did some research on the Internet?”

SOME PRO-BYPASS people have been told — online — that they’re “ignorant” or “rednecks” and generally insulted as uninformed about how crazy, not to mention costly, this project is. The Pros are about to be hugely disillusioned by their beloved CalTrans; the Bypass will not, as the pro-Bypass brigades claim, make Willits as serene and pedestrian-groovy as the Cloverdale bypass made Cloverdale because, as we argued yesterday, the Willits Bypass will divert very little traffic from Willits.

AS PER ANCIENT Mendo practice, local controversies inevitably divide along Hippie-Redneck lines, especially among hippies and ‘necks, although there are few hippies around anymore and Bill Clinton exported what was left of the redneck job base.

PRO-BYPASSERS drive by the demo site all the time yelling retro stuff like, “Kill the treesitters” and “Fucking dirty pot-growing hippies don’t even have a job; get the fuck out of our town.” And versions thereof.

IF THERE were any way of tabulating the insult count, the pro-Bypass people are ahead of the dirty fucking hippies.

I ALWAYS laugh whenever I read or hear the fanciful phrase, as you repeated it in your editorial: “tearing apart our community.” What community? Where? America hasn’t enjoyed anything resembling community for 60 years, at least. Willits, like every other village and town in this country is simply a wildly disparate collection of isolates mostly, some of whom occasionally gather in groups of the likeminded. The internet has facilitated the fragmentation.

I AGREE with you, though — jailing the messenger is never a good idea, but The Willits News signed off on the escort arrangement with the cops and Caltrans. Why? Reporters and news photographers should be allowed to work. If reporters and photographers had to wait for officially sanctioned escorts, this country’s media would be even more pathetic than they are.

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SALMON APOCALYPSE LOOMING IN CALIFORNIA

Poor Government Policy Could Doom Record Runs

by Dan Bacher

Recent reports of a pending salmon die-off on the Klamath River don’t address the full measure of this rapidly evolving and potentially catastrophic story.

“A record run of salmon are at risk on the Klamath unless anticipated flows from Trinity Reservoir are provided to cool the Lower Klamath River,” said Tom Stokely, an analyst for the California Water Impact Network (C-WIN), a statewide water advocacy group. “But we have another disaster unfolding on the Sacramento River. We had a dry winter, the reservoirs are low, and federal and state officials are draining them rapidly to pump water to the corporate farms of the western San Joaquin Valley. If the current releases continue, we’re not going to have enough cold water in the Sacramento system to keep fall-run Chinook salmon eggs alive in the gravel this fall.”

Like the Klamath, the Sacramento River system is expected to post a very good year for Chinook salmon, with several hundred thousand fish returning to the river and its tributaries.

“And these are big magnificent fish, some of the fattest I’ve ever seen,” said Dan Bacher, editor of the Fish Sniffer Magazine. “But I was just out on the river, and it was running extremely high – and that’s heartbreaking. High water now means the cold water pools in Shasta, Folsom and Oroville reservoirs could be exhausted by the time the returning fish spawn. The mature fish, their eggs and any fry that manage to emerge could cook in the low, warm flows we’ll probably see in the American, Feather and Sacramento rivers by late summer and fall.”

The Sacramento River is the workhorse of the salmon-bearing streams south of the Columbia River. In good years, almost a million fish used to return to the Sacramento system. The river is unique in that it supports four distinct runs of Chinook salmon. The winter-run and spring-run are both listed under the US Endangered Species Act, while the fall-run and late fall-run are sufficiently numerous in most years to accommodate the commercial and sport fisheries.

All four runs are now in dire jeopardy. The spring-run Chinook is facing an especially tough summer, particularly in Butte Creek, its primary stronghold. There was a major die-off of Butte Creek salmon in 2003 due to low flows.

“We desperately hope that there isn’t a repeat of the 2003 spring-run salmon deaths on Butte Creek,” said Jim Brobeck, a water policy analyst at AquAlliance, an organization dedicated to protecting the waters and fisheries of northern California. “At this time, the fish agencies are managing to keep thousands of spring-run alive with flows from PG&E’s reservoir, although another concentrated heat wave could radically change conditions for this iconic salmon run.”

Brobeck noted Butte Creek’s spring-run is a genetic rarity, and the source for re-stocking efforts on the San Joaquin River. It is thus essential, he said, to preserve the unique strains of salmon native to the Sacramento watershed.

“The potential fish deaths due to lack of water and warm temperatures on Butte Creek combined with the demand for Klamath, Trinity, Feather and Sacramento River irrigation deliveries threatens the existence of what remains of native fish runs in the Central Valley,” Brobeck says. “State and Federal agencies must redefine the ‘”surplus water”’ that is being pumped to industrial agriculture south of the Delta.”

Low flows could also prove the death-knell for the winter-run Chinook, said Bill Jennings, executive director of the California Sportfishing Protection Alliance.

“We’re only in a second dry year, not even a declared drought, and the system is fundamentally broken,” said Jennings. “The State Water Board has assured the Department of Water Resources and U.S. Bureau of Reclamation that it won’t enforce Delta water quality and flow standards. The temperature compliance point on the Sacramento has been moved upstream, eliminating crucial spawning habitat for endangered Winter-run Chinook salmon.”

But the Sacramento’s “bread-and-butter” runs – the fall-run and late fall-run – are also at risk. Their status is so imperiled by anticipated low summer flows that future salmon seasons could be curtailed, said Stokely. Like Jennings, Stokely says agency mismanagement of water resources is the major reason for the crisis.

“What’s particularly disturbing is the determination of state and federal agencies to violate their own mandates and regulations so they can maintain deliveries of subsidized water to a handful of huge corporate farms in the western San Joaquin Valley,” said Stokely.

Stokely notes various laws and regulations require sufficient cold water flows down the Sacramento system to maintain fisheries in good health.

“But in May, the US Bureau of Reclamation and the state Department of Water Resources asked the Water Board to allow lower Delta outflows so more water could be sent south of the Delta,” said Stokely. “The Water Board agreed without due process, in violation of its own rules water right decisions – and with full knowledge of the impacts to the fish. “

Jennings observes the crisis could have been avoided if the cold water behind California’s reservoirs had been properly conserved.

“Water is only legally available for south-of-Delta export after Delta flow and water quality standards are met,” Jennings said. “But the state and federal projects are still exporting more than 8,500 cfs from the South Delta”

Stokely concluded that the situations on the Klamath and the Sacramento are culminating in a potential apocalypse for California salmon.

“We had a huge salmon kill on the Klamath in 2002 due to low flows, but that could be minor compared to what we’re facing today,” he said. “It is a terrible irony. We’re seeing some of the biggest runs on record, and we could lose them all — and lose future runs — because of compromised government policy. If we’re going to avoid a repeat of 2002, we need to start conserving cold water now for release later in the summer and fall.”

Contacts:

• Tom Stokely, California Water Impact Network 530-926-9727 cell 524-0315 http://www.c-win.org

• Bill Jennings, California Sportfishing Protection Alliance 209-464-5067 cell 938-9053 www.calsport.org

• Jim Brobeck, AquAlliance 530-521-4880 www.aqualliance.net

• Dan Bacher, Fish Sniffer Magazine 916-725-0728 www.fishsniffer.com

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