San Joaquin Valley

Request for support

Submitted: Mar 24, 2006

Dear Stakeholders,

We would like to ask you to join a number of local and regional groups that have signed on to a statement calling for a moratorium for Merced County growth until the general plan is updated and a moratorium against the corrupt practice of legal indemnification.

This is not a local issue.

We welcome newcomers and outsiders, including state and national groups beyond Merced County, to sign on to this statement against the corrupt, incompetent development policies here that are devouring agricultural land and natural resources. Rep. Dennis Cardoza, author of bills to abolish the critical habitat designation and co-author with Rep. Richard Pombo of the Gut-the-ESA, has his home congressional office on the third floor of the Merced County Administration Building. Show that you know that Merced's chaotic, unlawful growth is the result of his policies and the payoff for those policies. Take it to where he lives.

Among the three items attached is a voice message from a developer to a county supervisor that spells out the real Merced County planning policy better than any politician or planner has ever done. The next item is our request for your support. The final item is the Coalition Statement on Merced County Planning.

The deadline for signing on is April 3, 2006. Please feel free to forward this request for support to any other groups you want to share it with.

Don't let the Pomboza destroy national environmental law and regulation for the benefit of its local relatives and contributors!

Sincerely,

Central Valley Safe Environment Network
P.O. Box 64
Merced, CA. 95341
cvsen@sbcglobal.net
cvsen@bigvalley.net

REQUEST FOR SUPPORT

Coalition Statement on Merced County Planning Process

Dear Stakeholders, March 23, 2006

Despite concerted opposition from the University of California, developers, elected and appointed public officials and planners, local citizen groups at a Merced County Board of Supervisors’ meeting on Feb. 14 called for a moratorium on new development projects before a new county general plan is written. The groups also called for a moratorium on the corrupt practice of indemnification by public (UC) or private developers of local land-use authorities against legal costs arising from their approval of more urban sprawl in Merced County.

On March 6, Merced city schools officials echoed the call for a moratorium on growth that does not pay for itself – even for adequate public education for the arriving masses – before the Merced City Council.

3-7-06
Merced Sun-Star
Further city development opposed by school district...David Chircop
http://www.mercedsunstar.com/local/story/11901831p-12671148c.html
Cries for a building moratorium Monday illustrate the failure of schools and developers to come to terms on impact fees for new homes...they want the council to apply the brakes to steamrolling development. In spite of protests from schools, the council unanimously voted to allow a 78-home development... City Attorney Greg Diaz said SB 50 ties the council's hands when it comes to requiring developments to pay school fees

The county supervisors tabled debate on a huge Ranchwood-proposed subdivision in Planada for two months when faced with this blunt, organized citizen opposition. Presumably, money will change hands and the Planning Department will be required to come up with new rhetoric before the project is reconsidered in April.

2-15-06
Merced Sun-Star
County unsure how to proceed with Planada homes proposal...Chris Collins
http://www.mercedsunstar.com/local/story/11809566p-12526323c.html
Planada - Valley developer John Sessions and two other property holders northwest of Planada want to take 1,400 acres of mostly farmland and turn it into a 4,700-home community. Local farmers and environmentalists showed up with written statements and poignant words deriding the development as a pave-over of prime farmland...chastised the Planada plan as "developer-driven growth."...wanted local communities -- instead of private developers -- to take the lead in mapping out how the county expands. There are already at least three other communities in the county where developers are taking the growth reins, county documents show. The committee said the housing development could potentially interfere with the county's 11-year-old general plan...block all large developments until the general plan is ironed out. None of the supervisors liked the idea of putting a "moratorium" on development, as some farmers and environmentalists suggested.

Presently, the way business is done in Merced County is well expressed by the following Feb. 3 telephone message from a developer to a supervisor:

Mrs. Crookham, this is Greg Hostetler calling. My cell number actually is 704-13** if you need to call me. I’m on a cell phone cause my other battery I’m trying to save that, preserve it you know. I’m into preserving things too from time to time, but anyway, uhm, I’m just calling you, uh, to let you know that…ah if you don’t already know… that we’ve had a lot of drama and trouble in the county … everywhere I do business [inaudible] apparently I guess because of Mrs. uh…Mrs. Deirdre Kelsey ah… thinks staff may need some help, because she’s climbing all over them… using [inaudible] staff for her personal pit bulls…trying to bite our people, and our staff — this is my opinion — causing a lot of drama in Livingston, for the City of Livingston and we’re trying to uh in the progress of uh in the process of installing a sewer line over there. If you haven’t talked to Dee Tatum, he could fill you in on what’s going on over there. But uh this probably will not end any time soon. So, I just wanted to give you the update, and if you could give staff any help I’d appreciate it… Thank you!
(Here audio version at: http://www.mercedsunstar.com/local/story/11957936p-12722260c.html)

March 10th, 2006
Merced County Development Rodeo: Ranchwood Event
Badlandsjournal.com

March 14th, 2006
Beware the web you weave
Badlandsjournal.com

March 16th, 2006
Sun shines on government in Modesto, but not in Merced
Badlandsjournal.com

March 17th, 2006
Midnight government in Merced County
Badlandsjournal.com

Now is the time for other groups representing public concern over the corrupt pattern of growth in the county, stimulated by the arrival of the UC campus, to consider joining the original groups and signing on to the Coalition Statement on the Merced County Planning Process.
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Coalition Statement on Merced County Planning Process

We call for a moratorium on County General Plan amendments, variances, minor sub-divisions changes to existing projects, zoning changes, and annexations of unincorporated county land by municipal jurisdictions, MOU’s and developments with private interests and state agencies, until a new County general Plan is formulated by a fully authorized public process – and approved locally and by the appropriate state and federal agencies.

The continual process of piecemealing development through amendments, willfully ignoring the cumulative impacts to infrastructure and resources, for the benefit of a small cabal of public and private special interests, is illegal and reprehensible conduct on the by elected and appointed officials of local land-use authorities.

We also call for a permanent moratorium on indemnification of all local land-use jurisdictions by private and public-funded developers.

Indemnification is the widespread, corrupt practice in which developers agree to pay for all legal costs arising from lawsuits that may be brought against their projects approved by the land-use authority -- city or county. Without having to answer to the public for the financial consequences of decisions made on behalf of special interests, local land-use authorities can be counted on to continue unimpeded their real policy: unmitigated sprawl, agricultural land and natural resource destruction, constant increases in utility rates, layering of school and transportation bonds on top of property taxes, and the steady erosion of the county's infrastructure.

Adopted 2006

San Joaquin Raptor/Wildlife Rescue Center
Protect Our Water
Central Valley Safe Environment Network
Merced River Valley Association
Planada Association
Le Grand Association
Communities for Land, Air & Water
Planada Community Development CoRP.
Central Valley Food & Farmland Coalition
Merced Group of Sierra Club

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CENTRAL VALLEY SAFE ENVIRONMENT NETWORK
MISSION STATEMENT

Central Valley Safe Environment Network is a coalition of organizations and individuals throughout the San Joaquin Valley that is committed to the concept of "Eco-Justice" -- the ecological defense of the natural resources and the people. To that end it is committed to the stewardship, and protection of the resources of the greater San Joaquin Valley, including air and water quality, the preservation of agricultural land, and the protection of wildlife and its habitat. In serving as a community resource and being action-oriented, CVSEN desires to continue to assure there will be a safe food chain, efficient use of natural resources and a healthy environment. CVSEN is also committed to public education regarding these various issues and it is committed to ensuring governmental compliance with federal and state law. CVSEN is composed of farmers, ranchers, city dwellers, environmentalists, ethnic, political, and religious groups, and other stakeholders.

P.O. Box 64, Merced, CA 95341
------------------

For your group to sign on, just send back your organization’s name and contact person.

Central Valley Safe Environment Network
P.O. Box 64, Merced, CA 95341
cvsen@bigvalley.net
cvsen@sbcglobal.net

| »

Midnight government in Merced County

Submitted: Mar 17, 2006

During the second annual national Sunshine Week, to underscore the need for more open government and the protection of California’s Public Records and Brown acts and other open government statutes, we are publishing for the first time the 2002 petition for San Joaquin Raptor Rescue Center and Protect Our Water for relief from three years of stonewalling by Merced County regarding public record documents on the UC Merced project.

Petitioners won this suit. The results of the victory were ambiguous, however.

The local Superior Court judge, William Ivey, reduced attorneys’ fees and costs by half to petitioners’ winning attorneys, as warning to all attorneys suing in Merced County on public process or environmental law, that they would be punished by the local court for daring to do so. Although Ivey has retired, his policy lives on.

Although Merced County was forced to make these documents available to petitioners, much of the work reflected in the numerous studies remains yet to be done four years later, proving that UC Merced was built on a series of plans-to-make-plans to mitigate for its environmental impacts, with the enthusiastic collaboration of Merced County, the local land-use jurisdiction.

During the planning of UC Merced, the county was so eager to comply with UC demands that it formed a wholly separate planning department just for the UC Merced project, with separate offices and staff, placing the former county planning director and county CAO in charge, while the county promoted two subordinates to the positions of county CAO and county planning director.

In a March 13, 2006 Modesto Bee article http://www.modbee.com/local/story/11926478p-12693374c.html,
Greg Wellman reflected on this suit. Wellman was the Merced County CAO who became CEO of the UC Planning Department, said,
“I think a large amount of what she’s asking for is just a reflection of our democratic process,” he said. “I might personally feel some of the issues raised are not consequential, but those are personal feelings. She has a right to public information — pure and simple.”

Back then, though, Wellman said handing over some of the information felt as if it were inviting a costly lawsuit.

“Back then,” a whole lot of costly lawsuits could have been avoided if the county, the local land-use authority, had not done everything in its power to conceal the UC Merced planning process from its local public, the people now impacted by the anticipated UC Merced-induced rapid growth, speculative housing boom, the wholesale destruction of natural resources, wildlife habitat and agricultural land by developers who figure if UC got away with it, they can, too. “Back then,” UC Merced was promoted by a small, powerful group of special interests: local legislators, large landowners, developers, financial institutions, realtors, and local businesses. They are now taking their profits. The citizens, who were sold out by corrupt county officials like Wellman and his top planner at the UC Planning Department, Bob Smith, now get the traffic, the deteriorated air quality, water of uncertain quantity and quality, and the endless stream of Bobcat Flak from UC Merced in the local newspaper.

The citizens will be stuck with $200 million costs for roads alone from the UC Merced project, as was stated by a UC attorney in a letter to the state Supreme Court in support of a suit that would release state agencies from any obligation to pay for off-site environmental impacts from their construction projects. (Marina, City of v. Board of Trustees, Case S117816, Supreme Court of California)

Labeled at the time by then President Pro Tem of the state Senate, John Burton, as a “boondoggle,” and by senior Sacramento Bee state Capitol columnist, Dan Walters, as “a barrel of pork,” UC Merced, we predict, will go down in the annals of California history of the “Catch Me If You Can” Era, as a legal and environmental scandal; and there will be a special place of notoriety reserved for county, state and federal legislators, state and federal resource agencies and national environmental non-profit corporations like The Nature Conservancy and the Audubon Society. It began as a political payoff by an ambitious governor, Gray Davis, to Valley politicians. We know what happened to Davis. The growth it is stimulating today the rapid destruction of natural resources, is ruining farming and ranching in the region, and is contributing daily to increased smog in the worst air basin in the US.

Since elected in 2002, Rep. Dennis Cardoza, Shrimp Slayer-Merced, has occupied offices on the third floor of the Merced County Administration Building. Today, Cardoza is the leading anti-environmental Democrat in the House of Representatives, having authored two unsuccessful bills to destroy the critical habitat designation, and co-authored a third, with Rep. RichPAC Pombo, Buffalo Slayer-Tracy, to gut the Endangered Species Act.

Merced County will never become a responsible local land-use authority and planning agency as long as the Shrimp Slayer is squatting on the third floor.

Bill Hatch

Even today, Merced County does not comply with Public Records Act requests or environmental law and regulation. They are still orchestrating backroom deals, for example, this, Feb. 3, 2006 communication from a prominent developer and a county supervisor:

Feb. 3, 2006:

Hostetler, thinking he is making a call to Supervisor Kathleen Crookham, leaves a message on someone else’s answering machine:

Mrs. Crookham, this is Greg Hostetler calling. My cell number actually is 704-13** if you need to call me. I’m on a cell phone cause my other battery I’m trying to save that, preserve it you know. I’m into preserving things too from time to time, but anyway, uhm, I’m just calling you, uh, to let you know that…ah if you don’t already know… that we’ve had a lot of drama and trouble in the county … everywhere I do business [inaudible] apparently I guess because of Mrs. uh…Mrs. Deirdre Kelsey ah… thinks staff may need some help, because she’s climbing all over them… using [inaudible] staff for her personal pit bulls…trying to bite our people, and our staff — this is my opinion — causing a lot of drama in Livingston, for the City of Livingston and we’re trying to uh in the progress of uh in the process of installing a sewer line over there. If you haven’t talked to Dee Tatum, he could fill you in on what’s going on over there. But uh this probably will not end any time soon. So, I just wanted to give you the update, and if you could give staff any help I’d appreciate it… Thank you!
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BRUCE A. OWDOM - 077670
PETER G. FASHING - 195756
DIETRICH, GLASRUD, MALLEK & AUNE
An Association Including Law Corporations
5250 North Palm Avenue, Suite 402
Fresno, California 93704
(559) 435-5250
(559) 435-8776 [fax]

Attorneys for Petitioners San Joaquin Raptor Rescue
Center, Protect Our Water (POW),
Lydia M. Miller and Steve Burke

SUPERIOR COURT OF CALIFORNIA

COUNTY OF MERCED

SAN JOAQUIN RAPTOR RESCUE CENTER, a California nonprofit corporation, PROTECT OUR WATER (POW), an unincorporated organization, LYDIA M. MILLER, an individual, and STEVE BURKE, an individual,

Petitioners,

-vs-

COUNTY OF MERCED, COUNTY OF MERCED BOARD OF SUPERVISORS, and DOES 1 through 25, inclusive,

Respondents.
__________________________________________

CASE NO.

PETITION FOR WRIT OF MANDATE PURSUANT TO CALIFORNIA PUBLIC RECORDS ACT

[Government Code Section 6258]

1. The San Joaquin Raptor Rescue Center (“SJRRC”), a California nonprofit corporation, whose mission includes the protection of environmental resources,habitats and wildlife, is a beneficially interested party. SJRRC is charged with the protection of various species of wildlife and with ensuring that commercial, industrial and suburban development is undertaken in a responsible manner and that the public is sufficiently informed as to such matters. SJRRC serves an important public function by observing and disseminating information to the general public about the conduct of government agencies and officials, public figures, as well as private entities, in their promotion of such development.

2. Protect Our Water (“POW”) is an unincorporated organization whose mission includes the protection of environmental resources, habitats and wildlife and is a beneficially interested party. Petitioner POW is charged with ensuring that commercial, industrial, and suburban development is undertaken in a responsible manner and that the public is sufficiently informed as to such matters. Petitioner POW serves an important public function by observing and disseminating information to the general public about the conduct of government agencies and officials, public figures, and private entities, in their promotion of such development.

3. Lydia M. Miller, a private citizen, is a resident of Merced County and is a beneficially interested party. Ms. Miller shares many of the same goals as SJRRC and POW and is concerned that the level and manner of public outreach that has occurred in connection with the development of the new University of California Merced campus (“U.C. Merced Project”) is insufficient to inform the public adequately as to (a) the decision-making process of those responsible for development of the campus; (b) the allocation of public funds in connection with the project; and (c) the impact of the project on the environment. Ms. Miller also serves as president of the SJRRC.

4. Steve Burke, a private citizen, is a beneficially interested party. Mr. Burke, like Ms. Miller, shares many of the same goals as SJRRC and POW and is concerned that the level and manner of public outreach that has occurred in connection with the U.C. Merced Project is insufficient to adequately inform the public as to (a) the decision-making process of those responsible for development of the campus; (b) the allocation of funds in connection with the project; and (c) the impact of the project on the environment. Mr. Burke also serves as spokesperson for POW.

5. SJRRC, POW, Ms. Miller and Mr. Burke also have standing as members of the public at large to enforce rights of public access to information and records that reflect the actions taken by governmental agencies and employees in their official capacities.

6. The County of Merced (“County”) was, and is at all times herein mentioned, a body corporate and politic, duly created and existing as a county under and by virtue of the Constitution and laws of the State of California.

7. The County of Merced Board of Supervisors (“Board of Supervisors”) is the governing body of the County of Merced, whose members are duly elected under and by virtue of the laws of the State of California.

8. Petitioners are informed and believe and thereon allege that respondents identified herein as Does 1 through 25 are public agencies, or their agents, representatives, or employees, as defined in Government Code section 6252(a), (b) and (d), and that each is also, in some manner, responsible for refusing petitioners’ requests for access to and copies of certain public records that petitioners have requested. Petitioners will seek leave to amend this petition when the names and capacities of these Doe respondents have been ascertained.

9. Petitioners seek relief against each respondent because respondents County and the Board of Supervisors have refused to disclose certain public records which petitioners have requested as more fully alleged below.

10. Petitioners are informed and believe and thereon allege that in or about 1995, the Board of Regents of the University of California (“Regents” or “U.C.” as the context may require) selected certain land located in the County as the site of its tenth campus. Following the selection of the university site, the County made certain amendments to its General Plan to accommodate the construction of the new campus and to establish area objectives with respect to the U.C. Merced Project, including, but not limited to, resource and wetland conservation, low impact urban development, and timely construction of the campus. The U.C. Merced Project has involved the interaction of several federal, state and local agencies, private entities and consultants in addition to community involvement.

11. On November 22, 1999, petitioner Lydia M. Miller sent a letter to Robert Smith, planning director for the Merced County U.C. Development Office, which is in charge of coordinating the activities of various departments and consultants working on the U.C. Merced Project. The November 22, 1999, letter requested that 24 separate, itemized documents and studies related to the U.C. Merced Project be produced. See exhibit A attached hereto and incorporated herein by reference.

12. On February 12, 2001, Ms. Miller and Steve Burke of POW sent a second request addressed to Robert Smith and then County Administrative Officer (“CAO”), Gregory B. Wellman, requesting public records pursuant to the California Public Records Act (“CPRA”). This second request sought documents related to County General, Community and Specific plans officially adopted by Merced County, including the plans themselves as last officially amended and adopted. The request also sought correspondence between the County and various departments and agencies concerning the County’s implementation and compliance with various laws and the County’s strategies related to population growth projections. The request likewise sought records relating to specific action taken by the Board of Supervisors on February 6, 2001. See exhibit B attached hereto and incorporated herein by reference.

13. On May 25, 2001, Ms. Miller and Mr. Burke sent a third request to then CAO Gregory B. Wellman and planning director Robert Smith requesting certain documents pursuant to the CPRA. The May 25, 2001, letter requested public records pertaining to reimbursement and funding issues, planning, land use, easements, environmental impact mitigation, consulting contracts and correspondence as it related to three areas: (1) the Merced County Integrated Plan, (2) $30 million set aside for acquisition of habitats, and (3) the Joint Statement of the County of Merced and the University of California Regarding Conservation Planning and Permitting in Eastern Merced County in connection with the U.C. Merced Project. See exhibit C attached hereto and incorporated herein by reference.

14. On or about June 7, 2001, Fernanda A. Saude, Assistant County Counsel, on behalf of Dennis L. Myers, Merced County Counsel, responded to the May 25, 2001, request. The response stated, in relevant part, as follows:

Your request is not specific enough for us to discern exactly what you are asking for. The County in the past has provided you with the following documents:

* The Joint Statement of the County of Merced and University
of California for Conservation Planning and Permitting in
Eastern Merced County[,]

* The Merced County Integrated Plan (MCIP)[,]

* County consulting contracts, excepting those with attorneys
that are confidential or otherwise privileged.

See exhibit D attached hereto and incorporated herein by reference.

15. On August 6, 2001, Ms. Miller and Mr. Burke requested that Messrs. Wellman and Smith reconsider the response provided by Assistant County Counsel Saude. Ms. Miller and Mr. Burke noted that despite the County’s contention that the request did not reasonably describe records, all of the other five public agencies to whom similar requests had been made fully complied. In addition, petitioners noted that from their review of the other agencies’ responses, that responsive documents such as correspondence, notes, memoranda, staff reports, meeting minutes, and the like, exist. Petitioners asked that compliance occur promptly given that the public period on the environmental review was fast approaching. See exhibit E attached hereto and incorporated herein by reference.

16. On August 21, 2001, petitioners advised the County, planning director Smith and then CAO Wellman that serious problems were being encountered by those members of the public who desired to participate in the environmental review process as provided in the California Environmental Quality Act (“CEQA”). Included among these problems was the lack of availability of documents which were the subject of the various CPRA requests at issue herein. See exhibit F attached hereto and incorporated herein by reference.

17. On August 22, 2001,a fourth request was made to Robert Smith and members of the Regents Committee on Grounds and Buildings. The request sought public records related to the Long Range Development Plan (“LRDP”) and U.C. Merced Project alternatives. In this regard, Ms. Miller and Mr. Burke requested documents related to the findings of the Regents in 1995 which led to the certification of the “Site Selection EIR” as referred to in the Draft Environmental Impact Report (“DEIR”) for the LRDP. See exhibit G attached hereto and incorporated herein by reference.

18. Also on August 22, 2001, a fifth CPRA request was made. This fifth request was addressed to Messrs. Wellman and Smith as well as to the Board of Supervisors and sought public records relating to contract work performed by consultants in connection with the U.C. Merced Project. See exhibit H attached hereto and incorporated herein by reference.

19. On August 27, 2001, Ms. Miller and Mr. Burke made a sixth request pursuant to the CPRA. This sixth request was addressed to then CAO Wellman as well as the members of the Regents Committee on Grounds and Buildings and requested 13 categories of documents all related to or necessary for an evaluation of the U.C.’s LRDP and the DEIR for the proposed campus in eastern Merced County. See exhibit I attached hereto and incorporated herein by reference.

20. On or about August 30, 2001, Assistant County Counsel Saude wrote petitioners again contending that the petitioners’ request was too general for the County to comply. Ms. Saude also wrote that certain information (e.g., information communicated between consulting contractors and their subcontractors and findings referenced in the DEIR for the LRDP) were not “retained or controlled” by the County. See exhibit J attached hereto and incorporated herein by reference.

21. On August 31, 2001, attorneys for petitioners wrote to Messrs. Wellman and Smith and contended that, contrary to Assistant County Counsel Saude’s letter of June 7, 2001, the May 25, 2001, CPRA request contained sufficient specificity and that all other agencies to whom the same requests were made were able to comply. Petitioners’ attorneys requested that the County reconsider its insistence on further clarification and asked that the County provide a definitive response to the request. The August 31, 2001, letter further requested that, in the event the County contended certain requested documents were exempt, the remainder be released and its refusal to disclose withheld documents be justified. See exhibit K attached hereto and incorporated herein by reference.

22. On September 10, 2001, Assistant County Counsel Saude responded to counsel for petitioners’ August 31, 2001, letter stating categorically that the petitioners’ requests of May 25, 2001, and August 22, 2001, are denied. Ms. Saude reiterated the County’s continuing position that the requests were of insufficient specificity under the CPRA. Ms. Saude countered petitioners’ statement that all other agencies found the requests sufficiently specific with the following statement:

So that there is no uncertainty on the part of you or your clients, the County has denied your clients’request as previously stated until such time as your clients are able to reasonably identify the documents which they are requesting to inspect. . . .

. . . Moreover, how other public agencies may respond to your clients’ request is neither relevant to nor binding upon the County of Merced.

See exhibit L attached hereto and incorporated herein by reference. Petitioners allege that contrary to Ms. Saude’s contention, the fact that other public agencies had no difficulty in complying with the request based upon the same descriptors is relevant to the sufficiency of the descriptions. Petitioners further contend that respondents’ failure to comply is unjustified and in violation of the CPRA, Government Code section 6258 et seq.

23. On October 29, 2001, petitioners’ attorney again wrote to the County. This letter was addressed to Assistant County Counsel, Fernanda A. Saude who, to that date, had undertaken responses on behalf of respondents to petitioners’ CPRA requests. The letter set forth a detailed description of the six prior requests made by petitioners as alleged above, attached copies thereof, and reiterated that each of the requests were being made pursuant to the CPRA. Specifically, Ms. Saude was informed that (1) no response was received in connection with the November 22, 1999, February 12, 2001, and August 27, 2001, CPRA requests; and (2) that as to the May 25, 2001, and August 22, 2001, requests, the County’s denial of the requests on the basis they did not reasonably identify documents was in error. To illustrate the error, counsel’s correspondence cited case law which held that CPRA requests need only describe the content of documents due to the requestor’s lack of access to agency files and the resulting inability of the requestor to identify precisely the documents. The letter asked that the County reconsider its denial of the May 25, 2001, and August 22, 2001, requests. The letter also specifically requested a response to the unacknowledged November 22, 1999, February 12, 2001 and August 27, 2001, requests. See exhibit M attached hereto and incorporated herein by reference.

24. On September 14, 2001, attorney Donald B. Mooney, on behalf of the petitioners, wrote then CAO Mr. Wellman advising that the County had violated CEQA and CEQA guidelines. The letter highlighted deficiencies in the County’s public notice procedures relating to the availability of environmental documents for public review. The letter requested a re-noticed review period and remedies related to errors in circulation of the Draft Environmental Impact Report. See exhibit N attached hereto and incorporated herein by reference.

25. To date, no response has been received from respondents to petitioners’ attorney’s October 29, 2001, letter. Similarly, the November 22, 1999, February 12, 2001, and August 27, 2001, CPRA requests (even though re-requested by the October 29, 2001, letter complete with copies thereof) remain unacknowledged and without response. As to the May 25, 2001, and August 22, 2001, requests, respondents persist in their denial of the requests despite the adequacy of the content descriptions and petitioners’ inability to provide greater detail.

26. Petitioners contend the documents requested in all six CPRA requests are public records subject to disclosure. The documents requested by the November 22, 1999, request include the following reports and studies: Fresh Water Crustacean Report by EIP; Water Supply Plan by Hill; GIS maps; Vernal Pool Study; LRDP Plan; Habitat Planning; Campus Parkway Express Plan; CPAC Meeting Notification; East Merced Draft Report; Community Plan for U.C.; Draft Report of Soils, Habitat and Rare Species Associated; Draft Report on Soils Report; Merced River Study, Stake Holders and TAC; Concept Report; Regional Transportation Plan (MCAG); University Community Concept (EIP); California Central Economics (PG&E); Water Study by East Merced Resource Conservation District; Sierra Nevada Research Institute; University Wide Academic Senate Task Force on U.C. Merced; Task Force on U.C. Merced; U.C. Merced Research Advisory Committee; Campus Alignment Study; Financial accounting of incoming and outgoing funds associated to the proposed U.C. Campus and Community Plan and associated studies. The County has refused to even acknowledge this request. As with the other CPRA requests at issue, there is no justification for non-disclosure.

27. The documents requested by the February 12, 2001, request include, but are not limited to, the following: the County General, Community, Specific and Specific Urban Development plans (“SUDP”), the County’s General Plan Land Use, Circulation, Housing, Conservation, Noise, and Open Space Elements, including all incorporated diagrams, maps, policies and texts; officially adopted resolutions and ordinances adopting the SUDP; written policies, correspondence, reports and studies of County boards, commissions and planning committees relating to the SUDP and General Plan Land Use, Circulation, Housing, Conservation, Noise and Open Space Elements; legislative history re: ordinances or resolutions adopting the 1996 General Plan Text Amendments which adopted Land Use Policy Goal No. 11 and amendments to the Land Use Policy Diagram; information relating to pending General Plan Text Amendments; information relating to General Plan map or text amendment applications since 1990; correspondence between the County and the California Department of Housing re: compliance with Housing Element law; correspondence between the County and California Division of Mines and Geology re: compliance with mining and reclamation ordinances and related reports and studies; correspondence between the County and the California Department of Finance regarding population growth and related reports and studies; and agendas, notices, and minutes related to Board of Supervisor’s action on February 6, 2001.

28. The May 25, 2001, CPRA request seeks documents pertaining to planning, reimbursement, funding, land use, easements, environmental impact mitigation, consulting contracts and correspondence related to the following three areas: the Merced County Integrated Plan; a $30 million acquisition of sensitive habitats, and the Joint Statement of the County and U.C. re: conservation planning and permitting.

29. Two separate CPRA requests, dated August 22, 2001, seek documents pertaining to contract work performed since 1985 by EIP Associates, Economic and Planning Systems, Fehr & Peers Associates, and Nolte & Associates in connection with the U.C. Merced Project. The first request included items such as “emails, meeting minutes and agendas, internal memos, etc.” The second request made that same date seeks public records pertaining to the LRDP and the U.C. Merced Project alternatives. In that regard, petitioners specifically sought the “Regent’s findings made in 1995 in connection with certifying . . . the ‘Site Selection EIR[]’”as well as other documents such as staff reports, resolutions and ordinances supporting or setting forth the 1995 certification.

30. The August 27, 2001, CPRA request sets forth thirteen specific subject areas for which public records are sought. These areas include documents relating to (1) the standards to be applied by the Committee on Grounds and Buildings (“Committee”) when choosing among alternative sites and design alternatives; (2) the U.C.’s decision to select among alternatives discussed in the March 2001 Comprehensive Alternatives Analysis of the U.C. Merced and Community Project (“CAA”); (3) the Committee’s deliberations or decisions regarding alternative U.C. sites; (4) the U.C.’s policies and procedures in implementing CEQA; (5) the U.C.’s environmental policies and procedures in choosing campus sites, facilities and improvements; (6) the U.C.’s policies and procedures in drafting and distributing long range development plans; (7) the legal authority relating to drafting long range development plans; (8) the U.C.’s policies and procedures re: conducting taxpayer/U.C. economic analyses in connection with campus site selection; (9) the U.C.’s legal and/or equitable ownership or leasing of Fresno County properties; (10) alternative offers of other property owners to provide land for the proposed campus; (11) reasons why the single campus as proposed in County are preferable to other alternatives; and (12) the 85 potential campus site alternatives. An additional thirteenth category seeks documents related to the U.C. Merced Project which were authored by or on behalf of Representative Gary Condit, Assemblyman Dennis Cardoza, Senator Dick Monteith, Governor Gray Davis, Lieutenant Governor Cruz Bustamante, Resources Secretary Mary Nichols and other elected officials or agency members.

31. Petitioners allege that the documents requested in all six CPRA requests are public records as that term is used in the CPRA. The requested documents relate to the conduct of the public’s business in developing a tenth campus in the University of California educational system. Substantial public funds are being expended in developing the campus and in undertaking all the various environmental, fiscal, educational, commercial and suburban studies and reports related to the U.C. Merced Project. The requested information is necessary for the public to analyze and evaluate the performance of the County and other government agencies in developing the campus. The documents will allow the public to understand whether its significant financial contribution to the U.C. Merced Project is being wisely spent and whether the County is proceeding in accordance with applicable laws and regulations for a project of this magnitude.

32. Petitioners allege disclosure will also shed light on whether appropriate and/or inappropriate considerations have been involved in the decision making processes of the various governmental agencies and officials involved, including, but not limited to, the County and its duly elected officials.

33. Petitioners allege that the public has a right to know how its funds, including tax revenues, are being spent and whether its duly elected officials are undertaking the U.C. Merced Project in a fiscally and environmentally sound manner. The documents sought are necessary to such determinations. Furthermore, petitioners allege that CEQA requires the respondents to ensure that the public can obtain and review all documents upon which the agency relies in making environmental decisions and therefore constitutes another basis for disclosure. The shared expertise of petitioners and others who desire to review requested documents will serve to ensure that elected and other officials make sound decisions related to the U.C. Merced Project.

34. Each of the six CPRA requests at issue have reasonably described identifiable records as required under California Government Code section 6253(b). In violation of the CPRA, respondents have simply ignored three of the petitioners’ CPRA requests. As to the remaining three CPRA requests, respondents have avoided and ignored their responsibilities by making frivolous contentions that each of the categories of requested documents does not sufficiently describe the records sought. Respondents have violated the CPRA by not making said records available to petitioners for inspection. Furthermore, respondents have failed to identify any exemption (except for attorney-client privilege) upon which they might rely to justify non-disclosure. Respondents have made no effort to comply with the CPRA and instead choose to either ignore petitioners’ CPRA requests outright or to feign an inability to discern the records requested. By way of this petition for writ of mandate, petitioners seek a writ commanding disclosure of the requested documents.

35. Petitioners have no plain, speedy and adequate remedy at law, other than the relief sought in this petition, pursuant to Government Code section 6258.

WHEREFORE, San Joaquin Raptor Rescue Center, Protect Our Water, Lydia M. Miller and Steve Burke pray for relief as follows:

1. That the court grant the petition and issue a peremptory writ commanding respondents, and each of them, including respondents’ agents and employees, to disclose immediately to petitioners originals or complete, unredacted copies of each and every document described in petitioners’ requests of November 22, 1999, February 12, 2001, May 25, 2001, August 22, 2001 (two letters), and August 27, 2001, all documents related to those specifically requested in the same requests;

2. Alternatively, that the court order respondents, and each of them, to show cause why respondents should not be required to disclose immediately to petitioners original or complete, unredacted copies of each and every document described in petitioners’ requests of November 22, 1999, February 12, 2001, May 25, 2001, August 22, 2001 (two letters), and August 27, 2001, and all documents related to those specifically requested in the same requests;

3. For costs and attorneys’ fees as provided by the California Public Records Act; and

4. For such other and further relief as the court deems just and proper.

DATED: May ____, 2002.
DIETRICH, GLASRUD, MALLEK & AUNE

BY:________________________________
BRUCE A. OWDOM
PETER G. FASHING
Attorneys for Petitioners San Joaquin Raptor
Rescue Center, Protect Our Water (POW)
Lydia M. Miller and Steve Burke

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Merced Wal-Mart distribution center

Submitted: Mar 08, 2006

Rev. Jesse Jackson used to describe development in rural US counties: "First you get your prison, then you get your WalMart."

In Merced, first we got UC, now we'll probably get a 1.1-million square foot Wal-Mart distribution center at the UC Merced off-ramp. This will set a new basement for county wages and Local Business is wildly enthusiastic about it. The representative of the Alia Corp. and the Greater Merced Chamber of Commerce, two of the three authors of a recent Sun-Star guest commentary accused "outside organizers" of obstructing the project, claimed to represent best the interests of the local community. Alia actually represents two global corporations, McDonalds and Chevron, while numerous national and international corporations have memberships in the GMCC, including Wal-Mart.

Rebecca Solnit describes how Wal-Mart heiress, Alice Walton, is spending some of the corporation's unpaid wages and benefits.

The Wal-Mart Biennale
By Rebecca Solnit
TomDispatch.com -- Feb. 16, 2006

It isn't that, when Wal-Mart heiress Alice Walton purchased Asher B. Durand's 1849 painting Kindred Spirits last year, she got the state of Arkansas to pass legislation specifically to save her taxes -- in this case, about $3 million on a purchase price of $35 million. It isn't that the world's second richest woman and ninth richest person (according to a Forbes magazine 2005 estimate) scooped the painting out from under the National Gallery and the Metropolitan Museum of Art, which had banded together to try to keep it in a public collection when the New York Public Library decided to sell it off. It isn't that Walton will eventually stick this talisman of New England cultural life and a lot of other old American paintings in the Crystal Bridges Museum of American Art, the Walton family museum she's building in Bentonville, Arkansas, the site of Wal-Mart's corporate headquarters -- after all people in the middle of the country should get to see some good art too. It might not even be, as Wal-MartWatch.com points out, that the price of the painting equals what the state of Arkansas spends every two years providing for Wal-Mart's 3,971 employees on public assistance; or that the average Wal-Mart cashier makes $7.92 an hour and, since Wal Mart likes to keep people on less than full-time schedules, works only 29 hours a week for an annual income of $11,948--so a Wal-Mart cashier would have to work a little under 3,000 years to earn the price of the painting without taking any salary out for food, housing, or other expenses (and a few hundred more years to pay the taxes, if the state legislature didn't exempt our semi-immortal worker).

The trouble lies in what the painting means and what Alice Walton and her $18 billion mean. Art patronage has always been a kind of money-laundering, a pretty public face for fortunes made in uglier ways. The superb Rockefeller folk art collections in several American museums don't include paintings of the 1914 Ludlow Massacre of miners in Colorado, carried out by Rockefeller goons, and the J. Paul Getty Museum in Los Angeles doesn't say a thing about oil. But something about Wal-Mart and Kindred Spirits is more peculiar than all the robber barons and their chapels, galleries, and collections ever were, perhaps because, more than most works of art, Durand's painting is a touchstone for a set of American ideals that Wal-Mart has been savaging.

It may be true that, in an era when oil companies regularly take out advertisements proclaiming their commitment to environmentalism, halting global warming, promoting petroleum alternatives, and conservation measures, while many of them also fund arguments against climate change's very existence, nothing is too contrary to embrace. But Kindred Spirits is older, more idealistic, and more openly at odds with this age than most hostages to multinational image-making.

Kindred Spirits portrays Durand's friend, the great American landscape painter Thomas Cole, with his friend, the poet and editor William Cullen Bryant. The two stand on a projecting rock above a cataract in the Catskills, bathed like all the trees and air around them in golden light. The painting is about friendship freely given, including a sense of friendship, even passion, for the American landscape itself. In the work of Cole, Durand, and Bryant, as in the writing of Henry David Thoreau and Walt Whitman, you can see an emerging belief that the love of nature, beauty, truth, and freedom are naturally allied, a romantic vision that still lingers as one of the most idealistic versions of what it might mean to be an American.

Cole was almost the first American painter to see the possibilities in American landscapes, to see that meaning could grow rather than lessen in a place not yet full of ruins and historical associations, and so he became an advocate for wilderness nearly half a century before California rhapsodist and eventual Sierra Club cofounder John Muir took up the calling. Bryant had gained a reputation as a poet before he became editor-in-chief of the New York Evening Post and thereby a pivotal figure in the culture of the day. He defended a group of striking tailors in 1836, long before there was a union movement, and was ever after a champion of freedom and human rights, turning his newspaper into an antislavery mouthpiece and eventually becoming a founder of the Republican Party (back when that was the more progressive and less beholden of the two parties). He was an early supporter of Abraham Lincoln and of the projects that resulted in New York's Central Park and the Metropolitan Museum -- of a democratic urban culture that believed in the uplifting power of nature and of free access. Maybe the mutation of the Republican Party from Bryant's to Walton's time is measure enough of American weirdness; or maybe the details matter, of what the painting is and what Wal-Mart and its heiress are.

Kindred Spirits was commissioned by the wealthy dry-goods merchant Jonathan Sturges as a gift for Bryant in commemoration of his beautiful eulogy for Cole, who died suddenly in 1848. Bryant left it to his daughter Julia, who gave it in 1904 to what became the New York Public Library. It was never a commodity exchanged between strangers until the Library, claiming financial need, put it and other works of art up for sale. So now a portrait of antislavery and wilderness advocates belongs to a woman whose profits came from degrading working conditions in the U.S. and abroad and from ravaging the North American landscape.

Maybe the problem is that the Crystal Bridges museum seems like a false front for Wal-Mart, a made-in-America handicrafted artifact of idealism for a corporation that is none of the above. The museum will, as such institutions do, attempt to associate the Wal-Mart billionaires with high culture, American history, beautifully crafted objects -- a host of ideals and pleasures a long way from what you find inside the blank, slabby box of a Wal-Mart. One of the privileges of wealth is buying yourself out of the situation you help to make, so that the wealthy, who advocate for deregulation, install water purifiers and stock up on cases of Perrier, or advocate for small government and then hire their own security forces and educators.

Walton, it seems safe to assume, lives surrounded by nicer objects, likely made under nicer conditions, than she sells the rest of us. I have always believed that museums love artists the way taxidermists love deer. Perhaps Alice Walton is, in some sense, stuffing and mounting what is best about American culture -- best and fading. Perhaps Crystal Bridges will become one of the places we can go to revisit the long history that precedes industrialization and globalization, when creation and execution were not so savagely sundered, when you might know the maker of your everyday goods, and making was a skilled and meaningful act. One of the pleasures of most visual art is exactly that linkage between mind and hand, lost elsewhere as acts of making are divided among many and broken down into multiple repetitive tasks.

Perhaps she could build us the Museum of When Americans Made Stuff Locally by Hand for People They Knew or perhaps that's what Crystal Bridges, along with the rest of such institutions, will become. Or Walton could just plan to open the Museum of When Americans Made Stuff at some more distant date, though less than half of what's in Wal-Mart, sources inform me, is still actually made here -- for now. The world's richest woman, however, seems more interested in archaic images of America than in the artisanry behind them.

Walton has already scooped up a portrait of George Washington by Charles Wilson Peale and paintings by Winslow Homer and Edward Hopper for her museum. That museum, reports say, will feature many, many nineteenth-century portraits of Native Americans -- but it would be hard to see her as a champion of the indigenous history of the Americas. The Wal-Mart that opened last November in Teotihuacan, near Mexico City, is built so close to the Aztec's Pyramid of the Sun that many consider the site desecrated. The Wal-Mart parking lot actually eradicated the site of a smaller temple. "This is the flag of conquest by global interests, the symbol of the destruction of our culture," said a local schoolteacher. Thanks to free-trade measures like NAFTA, Wal-Mart has become Mexico's biggest retailer and private-sector employer.

Imagine if Walton were more like Sturges, supporting the art of her time. Imagine if she were supporting artists who actually had something to say about Wal-Mart and America (and Mexico, and China). Imagine if, in the mode of the Venice Biennale or the Sao Paolo Biennale, there was a Wal-Mart biennale. After all, Wal-Mart is itself China's seventh-largest trading partner, ahead of Germany and Russia and Italy; if it were a nation, it would be the world's nineteenth biggest economy. If it's on the same scale as those countries, why shouldn't it have its own contemporary art shows? But what would the Wal-Mart nation and its artists look like?

Rather than the open, luminous, intelligent architecture Moshe Safde will probably bestow on Bentonville, Arkansas, imagine a shuttered Wal-Mart big box (of which there are so many, often shut down simply to stop employees from unionizing) turned into a MOCA, a museum of contemporary art, or better yet a MOCWA, a Museum of Contemporary Wal-Mart Art. Or Wal-Art. After all, Los Angeles's MOCA was originally sited in a defunct warehouse. You could set the artists free to make art entirely out of materials available at Wal-Mart, or to make art about the global politics of Wal-Mart in our time -- poverty, consumerism, sprawl, racism, gender discrimination, exploitation of undocumented workers.

Imagine a contemporary artist, maybe with Adobe Photoshop, reworking Kindred Spirits again and again. Imagine that Cole and Bryant are, this time, standing not on a rocky outcropping but in, say, one of the puzzle and art-supply aisles of a Wal-Mart somewhere in the Catskills, dazed and depressed. Or imagine instead that it's some sweatshop workers, a little hunched and hungry, on that magnificent perch amid the foliage and the golden light, invited at last into some sense of democratic community. Imagine paintings of Edward Hopper's old downtowns, boarded up because all the sad and lonely people are shopping at Wal-Mart and even having their coffee and hot dogs there. Imagine video-portraits of the people who actually make the stuff you can buy at Wal-Mart, or of the African-American truck-drivers suing the corporation for racism or of the women who are lead plaintiffs in the nation's largest class-action suit for discrimination. Against Wal-Mart, naturally.

Imagine if Alice Walton decided to follow the route of Target with architect Michael Graves and commissioned some cutting-edge contemporary art about these issues: videos and DVDs you could buy, prints for your walls, performance art in the aisles, art that maybe even her workers could afford. Imagine if Wal-Mart would acknowledge what Wal-Mart is rather than turning hallowed American art into a fig leaf to paste over naked greed and raw exploitation. But really, it's up to the rest of us to make the Museum of Wal-Mart, one way or another, in our heads, on our websites, or in our reading of everyday life everywhere.

Rebecca Solnit's Tomdispatch-generated Hope in the Dark: Untold Histories, Wild Possibilities is out in a new and expanded edition. Her other recent books include A Field Guide to Getting Lost and, with Mark Klett and Byron Wolfe, Yosemite in Time: Ice Ages, Tree Clocks, Ghost Rivers.

Copyright 2005 Rebecca Solnit

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Cardoza's boss taken to task

Submitted: Mar 01, 2006

Rep. Dennis Cardoza, Shrimp Slayer-Merced, is the principle co-author of the Gut-the-Endangered Species Act, whose No. 1 rightwing Republican promoter is Rep. Richard Pombo, Buffalo Slayer-Tracy. The "D" often put after Cardoza's name stands for Democrat, which makes him the symbol of bipartisan unity and "balance" among the ESA gutters. It's obvious why Pombo is in it: it's strictly a matter of his family's real estate business. Although Cardoza's family owns and sells some land, the Shrimp Slayer is in it mainly for UC Merced and developers that would make Merced as large, chaotic, crime-filled and polluted as Fresno. Cardoza carries the local rightwing agenda so well they can't find anything wrong with him. He's exactly their kind of Democrat, a good little functionary for whoever has the money to pay for the tune.

People look at the Pomboza and wonder how any collection of communities could be dumb enough to elect such an unlovely pair to Congress. There must be something in the water. Or is it the air?

Bill Hatch
-------------------------------

Rep. Pombo’s bill an ‘act’ that betrays ecology of the earth
by David James Duncan

March 1, 2006

I am a lifelong fisherman. I became one as a boy out of love for salmon, and also out of love for the fact that Jesus and many of his disciples were fishermen. I feel I owe it to Peter, James and John to protect our increasingly endangered line of work.

I mention this because U.S. Rep. Richard Pombo, R-Calif., has pushed a bill through Congress that would gut the Endangered Species Act, a globally admired law that has kept several thousand ark-loads of plants and animals---including wild salmon, sea otters, lynx, eagles, bighorn sheep, condors---from being driven to extinction. If Pombo’s bill becomes law, endangered species will lose to developers, the extinction of wild salmon will in many places be guaranteed, and the ancient trade of Peter, James and John will vanish with the salmon.

At the time I learned of the Pombo bill I was studying recent salmon and river restoration projects in the Pacific Northwest. The contrast is stunning! When even a few tax dollars are spent on restoring life instead squandering it, Americans go bananas in wonderfully altruistic ways. When Washington State was offered a federal grant of just $13 million for wild salmon restoration, the people and businesses of that state answered with over $30 million and hundreds of thousands of volunteer hours of their own. Restoring even 10 yards of ruined riverbank is an arduous undertaking. In five years Washingtonians enhanced some 1,755 miles of spawning and rearing habitat. Some 200,000 native trees have been planted to cool streams and shade out invasive plants. Fiftyfour million salmon have been released into state streams. These united efforts are a labor of love that costs U.S. taxpayers nothing. Tens of thousands of the hero-hours have been logged by school children, whose sole motivation is their yearning to keep salmon alive in our world with them.
What a stick in the eyeball to turn from this to Pombo’s so-called “Endangered Species Recovery Act.” What this Act would really do is terminate America’s long-standing commitment to endangered species by removing the link between wild creatures and their habitat---as if wild animals and birds can live in a bulldozed vacuum. The Act’s veiled purpose is to force Americans to pay developers simply to obey conservation laws the rest of us gladly honor. To accomplish that end, it will prostitute by law the science that protects endangered and threatened species. Getting back to the apostle fishermen, Pombo’s Act will also betray the teachings of the Bible, which tells us that “the Earth is the Lord's, and the fullness thereof” (Psalms) and that humans are mere “tenants” (Leviticus) placed here as “caretakers” (Genesis), to rule not as the greed-driven would have it, but “on earth as it is in heaven,” as the Father who created and blessed all forms of life would have it.

There are a few among us who still believe in “infinite exploitable resources” despite the finiteness of Earth. There are a few who still believe in the Easter Bunny. The fact remains that industrial civilization has long been engaged in a war not against foreign enemies, but against the life support systems of our world. The 21st will be the century of the Great Cease-Fire in this war, or it will be a century of the kind of environmental terror, havoc and dearth we are now repeatedly witnessing not just in foreign lands, but right here in America. The thousands of businesses recently destroyed by hurricanes, floods, wars and social chaos directly related to fossil fuel overdependence are dire proof that the planet’s life support systems and our economic activites are directly related. The emissions of my car in seemingly clean-skied Montana merge with a carbon dioxide cloud that encircles the globe, contributing to superheated oceans, storms of record-breaking force, the annihilation of commerce, the loss of biological diversity, and increased human suffering. Every nonsustainable act we commit and every shortsighted policy we sign into law now threatens to eliminate long-term business profits.

It’s hard to imagine a more shortsighted policy than Pombo’s “Endangered Species Recovery Act.” This bill is indeed an act. While sucking like a leech at the integrity of the word “recovery,” it in fact betrays endangered plants and wildlife and erodes biological, religious and economic integrity by attacking the life support systems and truth-telling that make life and commerce possible.
Please ask Senator Burns and Baucus to send Pombo’s Act back to whatever dark cave it came from.

David James Duncan is an author, fly fisher and educator. His novels include The River Why and The Brothers K. His forthcoming book is God Laughs & Plays: churchless sermons.
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Republican Pete McCloskey Talks about GOP Corruption and the Environment
By Kelpie Wilson
t r u t h o u t | Interview

Tuesday 28 February 2006

On February 12, I sat with Pete McCloskey at a public park in Lodi, California, to ask him a few questions about his race against the most anti-environmental congressman in history, Richard Pombo. Mc Closkey is challenging Pombo in the Republican primary, adding a lot of spice to the race, which includes three Democratic challengers as well.

Note: Parts of this interview will appear in an upcoming program on Free Speech TV: SourceCode Episode 3 - Enemies of the Environment. SourceCode teams up with TruthOut to give you the scoop on the biggest threats to preserving our country's public lands, endangered animals, and last wild spaces. Tune into Free Speech TV, Dish Network Ch. 9415, Sunday, March 5, at 9 a.m. and noon, or Monday, March 6, at 8 p.m. or 11p.m. (all times Eastern). Visit sourcecode.freespeech.org to view past shows.

Kelpie Wilson: What was your greatest accomplishment for the environment when you were in Congress in the 1960s and '70s?

Pete McCloskey: I suppose I tried to protect a few porpoises when the tuna fishermen were catching the porpoises in their nets. We tried to reduce the taking of endangered whale species, something my opponent Mr. Pombo now supports the increase of. Japanese whaling is one of the issues between me and him.

KW: What about the Endangered Species Act? What was your role in that?

McCloskey: Well, perhaps the greatest achievement, and we didn't know it at the time, was we held an Earth Day in 1970, and out of that Earth Day a lot of students got involved in saving the environment, or trying to. They listed 12 of my colleagues, the Dirty Dozen, and took out seven of them in the next election. The result was, when Congress convened in January 1971, everyone was now an environmentalist. They had seen a new force, college students, who favored the environment. Out of those next four years, we passed the Clean Water Act, Clean Air Amendments, the Endangered Species Act, the Marine Mammal Protection Act, the Estuary Protection Act, the Coastal Zone Act; all of those came through my subcommittee, Fish and Wildlife, a subcommittee which is now under Pombo's jurisdiction as chairman as the House Resources Committee.

KW: So the ESA is now 34 years old, and even environmentalists agree that some changes are needed. Pombo wrote and passed a reform bill through the House. What is in that bill?

McCloskey: If it passes in the form that Mr. Pombo got it though his committee, it would gut the ESA, and it would gut the whole scheme of protection for endangered and threatened species. Pombo announced that this was nothing new; he wrote a book in 1995 saying that he wanted to abolish the Endangered Species Act. But he didn't just change those provisions that should be changed, and I can give you a few: we would like to make them more farmer friendly; we would like to make them so that, when the government gets an application to develop endangered species land, the government comes in right at the start and says you can do this or you can't do this or you have to mitigate what you're going to do. It's been hard to get though the bureaucracy.

What Pombo wants to do is make it even tougher to get through the bureaucracy. You could use the entire budget of the Fish and Wildlife Service just to pay off developers. He's put a provision in there that a developer who is restricted by endangered species concerns should be compensated for all future loss of profit for any project he might propose to develop that land. Well, he'd bankrupt the agency with that, and I think that's his purpose. Again, it's not just to end the problems of the Act, it's to abolish it or make it ineffective.

KW: Who are the top Republicans in history who've made important contributions to conservation and environmental protection?

McCloskey: The father of Republican environmentalism is Teddy Roosevelt, who, with Gifford Pinchot, started to set aside wilderness and national forests and national parks. Teddy Roosevelt Island has become a national park in the middle of the Potomac River, right across from the Watergate Hotel. Pombo wants to sell Roosevelt Island for development for residential purposes, along with fourteen other parks, one of which is in his own district, in the town of Danville. He believes that the solution to this country's ills is to take all of the public lands and turn them into private development. Well, the beauty that we have here, half of northern California, is in public lands. If you develop it, you lose the priceless privilege of kids out there that are looking for crabs or frogs or something of that kind, growing up near flowing rivers, or swamps, or tidelands, particularly the High Sierra. He's got a bill to put 18 dams in the Immigrant Wilderness. Well if you ever backpacked up there, the idea of one more dam in the High Sierra is crazy, but that's his view, and that's his belief, and that's why I'm running against him.

KW: So what are the Republican values that you represent and how are they different from Richard Pombo's?

McCloskey: In my time, we served with noble and ethical leaders: Gerry Ford, Bob Michael, John Rhodes, men of impeccable honesty. We didn't have anybody locked up for a violation of ethics. Of course we were in the minority, nobody wanted to bribe a Republican; you bribed the Democrats in those days. We had 36 or so congressmen indicted, and all but one of them was a Democrat. But now the Republicans have had the power for the last 13 years, and I believe they've been corrupted: the arrangements between Tom DeLay, the majority leader, and Jack Abramoff. Remember, Tom DeLay jumped Pombo over six other congressmen to make him chairman of the Resources Committee.

The values that we had were, first: honesty and ethics. Second: we wanted a balanced budget; we had fiscal responsibility. Pombo and his allegedly conservative friends have spent us into the greatest deficits in history, trillions of dollars in deficits. That's no Republican value. We were environmentalists of the Teddy Roosevelt theory. We believed in separation of church and state. We believed in the independence of the Supreme Court not being subject to politicians. Now you've got Pombo introducing a bill ... he wants to give Congress the right to overrule Supreme Court decisions on constitutional issues. That's not a Republican value, that's almost radical. That would destroy the checks and balances that the Constitutional forefathers provided.

I suppose the worst value of all is that he wants to give away the public lands for development. My wife and I have spent half our lives, half our adult lives, trying to save special parts of California. I'll give you examples: the Bridgeport Valley over in Modoc County; the Bear Valley up in Calaveras County. We've managed to set those aside in conservation. Most recently, the Hearst Ranch, 82,000 acres. That preserves 15 miles of pristine beach. That's worth doing. It's worth preserving the remaining public lands of California, for your kids and my kids and grandchildren. Pombo wants to destroy all that. He really thinks development is the key to Northern California. You've seen what it's done in Southern California. A lot of us are fugitives from Southern California, trying to preserve the last of Northern California's open space wilderness.

KW: What he's trying to do is kind of like selling off family heirlooms to pay the rent.

McCloskey: I've differed strongly with the Bush administration. It's cut back all of the money for the parks and the forests. They want to put snowmobiles in Yosemite. What they want to do is roll back the environmental progress of 30 years, and it's just wrong. Pombo is their chief operative in doing that, so I'd like to take him out of the Congress and maybe restore a Republican value of the preservation of open space in wilderness. He thinks wilderness is bad because no people are allowed to go into the wilderness. Well, that's baloney, you go into the wilderness like Mohammed went to the mountain or Moses went into the desert. You get inspiration from the wilderness. It is not in this man to preserve and protect wilderness.

KW: Getting back to Republican values, what are the worst examples of Pombo's corruption?

McCloskey: His corruption: Here's a man, Jack Abramoff with his K Street Lobbying project, who has given all this money to Pombo - $54,500. Well, we say, what? Why Pombo? Why would Mr. Abramoff bestow this largess on Pombo? Why would Pombo's staff get these thousand-dollar seats to this skybox? What did he give up for that? We don't know the answer to that yet, the grand jury or the federal attorney hasn't told us, but one example is the Marianas Islands. Abramoff started in the 1990s to try to shield the Marianas Islands from US immigration and labor laws. A man named Willie Tan, who ran this sweatshop operation, brought in young women from all over China and Southeast Asia and the other islands, saying: "Come to America and sign this paper that you'll pay $5,000 for the privilege of going to America." Well, they got them to the Marianas Islands, which is a US trust territory, which can use the label "Made in America" on the clothing it manufactures. Pombo went to the Marianas in 2004, and suddenly gets nine contributions in the thousands of dollars from Marianas businessmen. Now why are they giving Pombo that money? Pombo absolutely refuses to investigate Abramoff and his connection with the Marianas, the sweatshops, the prostitution, and these girls being lured into coming there. Why won't he investigate it? That's what Congressional committees do when sweatshops or fraud are brought to your attention, and a man goes to jail for pleading guilty to bribing congressmen. You investigate that. Pombo won't. That's corruption.

KW: Anything else?

McCloskey: I'll tell you one other thing, that is corruption. When he put in this bill to amend the Endangered Species Act, he not only took out habitat protection but he put a provision in there to exempt farmers from using pesticides for five years in endangered species areas. We wonder: why would a California congressman do that? Then we see suddenly that he's funded in his travel, illegally, by a private foundation. He gets $23,000 from this foundation to travel, which you can't accept. He's a founding governor of the foundation; he can't deny he knew it was a private foundation. But this foundation, who is it funded by? The Japanese Whaling Association, the Association of Fur Traders - these are the guys that import elephant tusks or endangered parrots, and finally, Monsanto gave this foundation $115,000. Well, who benefits from the allowing of the use of pesticides? Monsanto. Whenever you find Pombo doing or not doing something, you chase it down to his contributors.

Big mines: He tried to get hundreds of thousands of acres of mining lands transferred to mining companies for development. Even the Congress couldn't accept that. They took it out of a bill he inserted it in privately. We have about 200,000 of those acres in Northern California; he was going to put it up for sale to mining companies. You follow his contributions: half of those were from big oil, big timber, big railroads, and big mining companies. I'm not going to take any PAC money. I may lose, because I won't get as much money as he does. I'd like to draw the distinction between congressmen who are on the take and whose positions reflect their largest contributors and those who don't. Here is Abramoff going to jail for bribing congressmen and Pombo. You ask him ... "Oh, he never lobbied me." Baloney.

KW: Why won't Pombo debate you?

McCloskey: I don't know that he won't debate me. He always speaks through spokesmen. The spokesman says: We don't want to debate McCloskey; he's way back in the 70s. Those values of his, about honesty and not being controlled by lobbyists, that's the seventies, and he's unworthy to debate. Well, if you're running for the Great Debating Society of United States, the United States Congress, I think you would want to debate your opponent. I always did. I served in the House 15 years and when someone ran against me, I'd say, I'll debate you every two weeks between now and Election Day. Let the public learn from hearing the debates. I won't say he's afraid to debate, but it looks that way.

KW: A final question. What are some of the ways that Pombo has been neglecting the district here, his own district?

McCloskey: There's the water quality in the San Joaquin River, the levees, and the strength of the levees in the Delta, most of all the traffic. Half of my old district seems to be moving from the Peninsula and the East Bay over here for affordable housing. The other morning, I drove out at 5:30 in the morning coming to Stockton on Route 580; cars were ten feet apart, four lanes abreast. At 5:30 in the morning there's an absolute traffic jam. He hasn't brought in any money to widen those highways. He really has not paid attention to this district. One child in six is getting asthma as a result of the air quality. He refuses to accept that global warming is an issue. He says that certainly automobile emissions are not creating greenhouse gases that contribute to global warming. That's a head-in-the-sand attitude for this valley, in which traffic and air pollution are crucial issues. San Joaquin County is part of the poverty belt of California. They're below poverty level, way below the average in California. He's just voted to cut Medicaid and Medicare and Head Start programs. That's not what a congressman from this district ought to be doing.

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Northern San Joaquin Valley Chapter of Community Alliance with Family Farmers calls for development moratorium in Merced County

Submitted: Feb 17, 2006

February 14, 2006

Merced County Board of Supervisors
2222 M Street
Merced, CA 95340

On behalf of the Northern San Joaquin Valley Chapter of Community Alliance with Family Farmers, which consists predominately of Merced County residents, we would like to enter our comments toward the Agenda Item: General Plan Amendment Policy.

We feel that protecting some of the world’s most valuable farmland and open space from rampant development is in line with CAFF’s mission, which is “to build a movement of rural and urban people to foster family-scale agriculture that cares for the land, sustains local economies and promotes social justice”.
CAFF is recommending that all variances, zone changes, General Plan amendments and annexations be denied prior to creation of a new General Plan.

Not only are we operating without an updated General Plan, we are also operating without a comprehensive water study. These plans are essential to good sound planning. Good soils are a finite resource. Our water is our lifeline and we cannot make any sound decisions prior to a full comprehensive water study. A General Plan and Water Supply Plan go hand in hand. They are incontrovertibly tied together. We are also recommending that all variances, zone changes, General Plan amendments and annexations be denied prior to a creation of a comprehensive water study and supply plan.

Moratorium, I believe, is considered a four-letter word in our county. We don’t need to be so frightened of this. It is actually a safeguard for you, our supervisors. This will allow you to deny the many out-of-compliance projects flying into our planning department and to not have to play politics with the developers until we really know where we want to proceed. Let the General Plan update be the bad guy and force Merced to become an example of what is good planning for the state.

The momentum is growing here in Merced to curb our sprawling growth. If our county leaders can’t create controlled, planned growth then we will be forced to take it to the voters. There are hundreds of examples of “Moratoriums” in this state that have come

from initiatives. The voters want their voices heard when it comes to setting our quality of life. In nearby Tracy, the voters passed Measure A growth restrictions, Sutter County just passed a short term moratorium, Yolo county has one of the broadest existing moratoriums. Livermore, Pleasanton, and San Ramon rejected, by a slim margin, an initiative to shift the approvals for housing projects from elected officials to the electorate after millions of dollars from the developers were dumped into the campaign. Alameda County urban boundaries were tightened by voters last November and the law survived its first legal challenge. We are asking that you elected officials make this vital planning decision so that the public initiative process will not be necessary. We want our elected officials to show us true leadership.

The Merced County General Plan is notoriously outdated. For a county that has been selected to be in the spotlight with the University of Merced and other “World Class” proposed projects, we should be an example for the rest of the state. We should have THE state of the art of General Plans. However we are on a road without a map. We need our planning to be a showcase. We need to ensure that the natural resources are plentiful enough, for those of us residing and making our livings here. We do not owe housing to the Bay Area job market. We need to protect those of us living here first, prior to bringing in new population, prior to splitting any more of our productive soils into lots for hobby farms and box stores. This is an opportunity to stop what we are doing and move forward with proper and enlightened planning.

CAFF is an organization that works to protect the family farm, and therefore, the interests of many Merced County Farmers.

You have a moral responsibility to set a proper road map for the county to follow and to assure that we will be able to continue farming and be assured that there is ample water supply.

Sincerely,

Community Alliance of Family Farmers

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A river of milk runs through it

Submitted: Feb 16, 2006

Elections and debate on a new five-year Farm Bill are upon us. The Bee reported last week that members of the House Agriculture Committee will be visiting Stockton in the first week of March to hold hearings on the Bush administration's proposals.

These proposals include taxing dairymen 3 cents per hundredweight, cutting cotton and rice subsidies and a $200-million annual subsidy to promote American agricultural exports. Recent recipients include Blue Diamond Growers, the California Table Grape Commission and Sunkist Growers, the Bee reported. (1)

It's a shakedown. To make it more obvious, Bush is proposing sizable cuts in farm supports in this year's budget.

Mike Marsh, CEO of United Western Dairymen told the Bee that 3 cents per hundredweight worked out to about "$5,700" per year to an 800-cow dairy. A fraction -- probably a significant fraction but less than the tax -- will be required in the form of campaign contributions to buy off the tax.

Presumably, cotton, rice and the fruit and nut corporations are busily calculating the campaign-contribution costs, too. Meanwhile, learned consultants are coming up with new words for subsidies and new ways of hiding them from the public on the assumption that agricultural economics as we know it will continue and agriculture will come up with the political vig.

The choice of Stockton for the Central California hearing is interesting because Rep. RichPAC Pombo, Buffalo Slayer-Tracy has a challenger in the Republican primary, former Rep. Pete McCloskey, R-Woodside.

Pombo is known primarily as chairman of the House Resources Committee and as the face of the ESA-gutting team. The rear end of the team is Rep. Dennis Cardoza, Shrimp Slayer-Merced, a "Democrat" so popular with the Republican developers, landowners and real estate speculators in his district he appears to be running unopposed for his next term.

However, although Pombo and his “bipartisan” sidekick, Cardoza are primarily known for their hard right, pro-growth, anti-environmental positions, they are both members of the Agriculture Committee. He sits on the Livestock and Horticulture, and the Department Operations, Oversight, Dairy, Nutrition and Forestry subcommittees.

In local farming circles, the Pombo/Cardoza operation is known as The Pomboza.

The Bee commented:

Realistically, Capitol Hill is not fertile soil for many of the farm proposals planted by the Bush administration's fiscal 2007 budget, which starts Oct. 1. Some, such as a proposed 5 percent cut in crop subsidies and a $250,000 limit on subsidies paid to individuals, withered quickly in past years. (1)

In other words, it's an old, rotten story we no longer have to think much about because farmland is disappearing, replaced by subdivisions like those on Pombo Real Estate Farms in Tracy.

Coverage of the farm budget is more vivid in Great Falls, MT, not experiencing a speculative housing bubble at the moment, and is probably more representative of how the Central Valley’s remaining farmers sense the situation:

Ag feels pinch in Administration's proposed budget

By DALE HILDEBRANT, For The Prairie Star
Wednesday, February 15, 2006

There were few cheers on Capitol Hill, as President Bush delivered his proposed budget for the next fiscal year.

The budget slashes many domestic programs, including agriculture, while projecting a record $423 billion deficit. The overall suggested spending bill will cost $2.77 trillion and would give the Pentagon a 6.9 percent increase and a 14 percent boost to foreign aid.

There weren't any budget increases in the ag portion of the spending bill, only cuts and a proposed tax on sugarbeet producers and dairy farmers. The Administration plan would cut crop subsidies by five percent while increasing certain agricultural fees, including a 1.2 percent tax on sugarbeet growers, which is identical to a proposal made last year by the White House, but scrapped later by Congress.

Minnesota Congressman Collin Peterson, the ranking Democrat on the House Ag Committee, in addressing the budget ag proposals said, “The President's budget proposed today is full of gimmicks and runs low on common sense.

“For agriculture, at best, this budget is a rehash of the President's strategy of sacrificing farm support for a sell at any cost international trade policy. At worst, this budget shows no commitment on the part of the President to the needs of our nation's farmers,” he continued. “America 's farmers and ranchers cannot afford the uncertainty that these proposals would create, and Congress should quickly reject them ...” (2)

The choice of Stockton as the site for this congressional hearing also has historical resonance with McCloskey in the race.

Dairy industry critic, Robert Cohen, wrote:

While writing MILK: The Deadly Poison, I discovered transcripts of Nixon's actual meeting with dairymen on March 23, 1971.

Knowing the tapes were running, and having been presented with $3 million dollars in cash, Nixon was recorded saying: "Uh, I know...that, uh, you are a group that are politically very conscious...And you're willing to do something about it. And, I must say a lot of businessmen and others...don't do anything about it. And you do, and I appreciate that. And I don't have to spell it out."

After the dairymen had left, advisor John Connally was alone with Nixon, and said:
"They are tough political operatives. This is a cold political deal." …

What did this $3 million dollar "investment"do for the dairy industry? In 1971, 120 billion pounds of milk were produced. An additional 27 cents per hundred pounds of milk translated to $3.24 billion extra dollars for the dairy industry.

On March 23, 1971, Secretary of the Treasury, John Connally summarized the day's events to Nixon: "These dairymen are organized; they're adamant, they're militant...And they, they're massing an enormous amount of money that they're going to put into political activities, very frankly." (3)

In March 1971, Rep. Pete McCloskey, R-CA, had just returned from Vietnam. Recently, he recalled that month:

While in Vietnam and Laos during March 1971, I had taken sworn affidavits from a number of pilots who stated they had been bombing targets in Laos and Cambodia, many with the coordinates of specific rural villages, some being in Laos' famous Plain of Jars, a considerable distance from the Ho Chi Minh Trail, which had once been a legitimate bombing target.

Upon returning home, I testified before two Senate committees. I was interviewed on various television shows, including that of William Buckley. I related the stories of the bombings of which I had been told, both by Air Force pilots and by Laotian refugees from the Plain of Jars. My statements were immediately denied by various high-ranking administration spokesmen, who stated unequivocally that the United States was not bombing in Laos. The controversy received national coverage ...

A few days later, it was announced that we were indeed bombing in Laos, but that for security reasons, this knowledge had been withheld from the civilian secretaries of the Air Force, Navy and Army. At the direct order from the White House to the Joint Chiefs of Staff, false coordinates were reported to the secretaries for the daily and nightly bombing runs over Laos and Cambodia. The justification, then as now, was that national security required that the bombing raids not be disclosed to the American people. (4)

McCloskey ran against Nixon in the New Hampshire Republican primary in 1972. No doubt, the Nixon campaign in New Hampshire was funded partly by dairy money. McCloskey went on to serve another decade in Congress. Among his accomplishments was co-authoring the Endangered Species Act. He said at a Stockton meeting late last year that he had tried to testify on the ESA three times before Pombo’s resources committee and each time Pombo had refused him a hearing.

The Bushites might be holding this hearing in Stockton to shore up Pombo's support in his district against a dangerous opponent, not only of Pombo, but also of this administration. Rove could not possibly want McCloskey, who campaigned for Kerry in 2004, (5) in Congress next year. McCloskey would become an instant leader of moderate, ethically minded Republicans against the war-mad, rightwing House leadership and White House.

The Bush administrative version of political support is more money from fewer, bigger contributors. The aim could be to redeem the hearts and minds of the 11th CD by mixing agriculture and developer cash in with Abramoff contributions. Why not? Rove gave agribusiness what some say was the most lavish farm bill on record in 2002. (6)

Now the White House is playing rough: it's a guns v. butter moment.

What will Pombo say at the hearing on the esoteric topic of the next farm bill? Will he earn their money from gratitude by going against his president and his rightwing ideology? Or will he earn their money from fear by supporting the dairy tax and the subsidy cuts? Or will he, most characteristically, say one thing in public and do another thing in private? How will Pombo of Tracy's Pombo Real Estate Farms relate to Pombo, member of the House agriculture committee? Will he turn the hearing into an anti-ESA, pro-private property rights rally? Will he wear his cowboy hat?

Who cares? Whatever he does, he will remain within character as a buffoon of the emerging autocracy.

One can imagine a Pombo fundraiser in early March, co-hosted by Western United Dairymen and the region's most prominent developers, Grupe, Spanos and Tsakapoulos -- because today's young mega-dairyman may have to sell his real estate tomorrow if the subsidies aren't adequate.

In Pombo's politics, San Joaquin Valley agriculture, the greatest laboratory in the world for the study of what is wrong with the industrial, corporate agricultural model, has reached a higher stage of absurd destruction: Pombo’s politics are like the Holstein heifers born every day without working reproductive organs because their mothers are "spiked" with growth hormones; like the billions of almond blossoms waiting for bees that do not come; like developer-sponsored childhood asthma; like commuter-clogged highways to disappearing Silicon Valley jobs; like Pombo Real Estate Farms; like the dead San Joaquin River; and like the extinction of wildlife on land and fish in the Delta. This absurd destruction must be as attractive and familiar to Bush and Rove as McCloskey's honesty must be hateful to them.

However, rather than any clear political agenda in the latest proposed farm bill, we might just be observing the blind workings of the free market in that business enterprise called the American political system. Despite the recent overwhelming speculative bubble in housing in the Valley, agriculture is still the region’s enduring economy. It’s a terrible system at the moment. It is easy to agree with almost all its critics. The only caution is that if you too suddenly remove the system of subsidies upon which much of the Valley agricultural economy rests, and pave it over and turn it into a horribly polluted labor camp for the convenience of rich, coastal counties, it will have had no more chance of evolving than the San Joaquin Kit Fox.

Perhaps in the course of his campaign, McCloskey can teach the Pomboza the meaning of the word, “oversight.”
------------------

(1) www.modbee.com/business/story/11795200p-12512621c.html

(2) http://www.theprairiestar.com/articles/2006/02/15/ag_news/local_and_regional_news/local12.txt

(3) www.notmilk.com/trickydick.html

(4) http://www.commondreams.org/views04/0405-05.htm

(5) inprogress.typepad.com/republicanswitchers/ files/ifyoureatruerepublicanvote4kerrymccloskey.pdf

(6) www.pacificresearch.org/ press/kqed/2002/kqed_02-06-04.html

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Friends of Denny

Submitted: Feb 11, 2006

Rep. Dennis Cardoza, Shrimp Slayer-Merced, has recently inaugurated a weekly email newsletter to keep his constituents "in the loop." The Shrimp Slayer's loop, however, would not be large enough to rope a heavily drugged alley cat. So, we thought we'd somewhat extend the loop to include the Shrimp Slayer's wider circle of friends.

No one among today's elected officials, for example, has a better claim to the title "Mr. UC Merced-- Political Class" than Denny. So we thought we'd read up on how UC is doing these days, because the Shrimp Slayer is working ceaselessly working for UC in Congress. That brought us to remember the academic chair in public policy at UC Merced, endowed by Shrimp Slayer predecessor Rep. Tony “Honest Graft” Coelho. It is always important to set good leadership examples for the young.

In a recent “town hall meeting” stacked with senior citizens who harkened in vain for the “prescription drug” word, Denny introduced another good friend, UC Merced Chancellor Carol Tomlinson-Keasey, whose elemental grasp of Valley history begins and ends with the theme: When UC got here! The Shrimp Slayer said he’d spent more time with the Chancellor recently than he had with his wife. Good taste and family values are hallmarks of Denny’s tenure in office.

Then there is Denny's real good friend in Tracy, Rep. RichPAC Pombo, Buffalo Slayer, with whom Denny teams up from time to time to gut the Endangered Species Act on behalf of their common developer friends and UC, Merced's anchor-tenant developer. So, we thought we'd read up on how Ol' RichPAC's campaign was going against former Rep. Pete "The Elder" McCloskey, Real Republican-Lodi. All this led us to recall The Shrimp Slayer's friends in the Federal Republic of Micronesia.

Returning to the theme of history beginning when UC Merced got here, the campus seems to be operating as a kind of memory wash. Former UC Provost M.R.C. Greenwood, whose compensation package is at the center of the present controversy raging in the state Legislature, was apparently able to stash her son on the UC Merced payroll. And then there’s former UC president David Gardner, a member of the UC Merced Foundation board of trustees, whose golden parachute 13 years ago occasioned the last outbreak of public outrage against UC administrators bilking the public.

Bill Hatch
-----------------------------------

Pombo charges taxpayers for vacation
Nick Juliano
Tracy Press
Feb. 9, 2006

http://www.tracypress.com/local/2006-02-09-Pombo.php
In summer 2003, just after he was named chairman of the House Resources Committee, Rep. Richard Pombo loaded the family in an RV for “two weeks on vacation” traveling around the West.

Documents obtained by the Tracy Press show taxpayers covered most of his expenses.

“This August, my family and I rented an RV and set out to explore the West,” Pombo, R-Tracy, wrote in a 2003 article posted on the Resources Committee’s Web site.

“We spent two weeks on vacation, stopping along the way to enjoy the splendor of many of our national parks.”

Pombo was reimbursed $4,935.87 to rent the RV and spent $1,500.51 on a government credit card for “travel subsistence” during a two-week span from July 27 to Aug. 11, 2003, according to a Resources Committee spending ledger obtained by the Press.

A spokesman for the committee, Brian Kennedy, said the RV rental was the only vacation expense covered by taxpayers. The credit card bill referenced in the Statement of Disbursements for the House was for expenses incurred during previous field hearings, he said. House rules dictate “official travel may not be for personal … purposes,” but allows for members of Congress to bring family members along on official trips.

Kennedy defended Pombo’s expenses. He said Pombo spent those two weeks visiting and meeting with officials at 10 national parks, over which his committee has jurisdiction.

“You bet his family was with him, of course,” Kennedy said. “What better way to see and judge the visitor experience of a national park?”

Larry Noble, a former general counsel to the Federal Election Commission, said the trip gives the impression “that members of Congress are out of touch and feel entitled to things the average person doesn’t get,” even though he may have been doing some official business.

“I understand what he’s saying … but it does look like a family vacation, and the taxpayer has a right to ask, ‘Is this the best way to do this?’” said Noble, who is now the executive director of the Center for Responsive Politics, a nonpartisan government watchdog group.

Kennedy said Pombo and his family traveled through California, Arizona, Wyoming, South Dakota and Montana, meeting with officials and touring the parks. In an article published on the Resources Committee’s Web site, Pombo said he also visited Colorado.

It is unclear exactly how much of Pombo’s time during the two-week span was spent on official business, but it was “probably a substantial amount,” Kennedy said.

“Frankly, I think it should be refreshing for people to know that Chairman Pombo is the kind of guy who will jump behind the wheel of an RV and drive 5,000 miles to see … and learn about the national parks that taxpayers pay him to oversee,” he said.

No Resources Committee staff members or fellow members of Congress accompanied Pombo on the trip, and Kennedy said he did not know how Pombo’s family occupied themselves while he was in meetings.

By renting an RV and toting along his family, Kennedy said, Pombo likely saved money on hotels and airfare that he would have incurred if he’d traveled alone.

“If the chairman could have loaded the family into a helicopter to go to all of these
meetings and all of these parks for $5,000, he would have,” Kennedy said.

House travel rules require that members reimburse travel expenses for family members

accompanying them on chartered airplanes paid for with government money, but no similar rule exists for RV travel.

The rules also require that personal travel in officially rented vehicles be kept to a minimum and must “not otherwise constitute a significant activity or event.”

Kennedy said Pombo’s travel did not violate these rules.

“The House rules are relatively lax about these types of things,” Noble said. “It’s supposed to be official business, and a number of them (members of Congress) are reluctant to call things official business. This, to me, is really in that questionable area.”

Congressional Democrats have previously accused Pombo of misusing taxpayer funds to pay his top aide to travel between Stockton and Washington, D.C.

Bay Area Reps. George Miller and Ellen Tauscher on Tuesday publicly requested an investigation into the arrangement in which Steve Ding, Pombo’s and the House Resources Committee’s chief of staff, has billed taxpayers more than $87,000 during the last several years for his nearly weekly flights and hotel stays in Washington. The deal also has allowed Ding to collect tens of thousands of dollars in political consulting fees from clients in California.

Pombo has defended that relationship, saying it fosters an outside-the-beltway perspective among his committee staff.
------------------------------

McCloskey for Congress
February 6, 2006
For Immediate Release

"FOLLOW THE MONEY"

In a speech to the Lodi Rotary Club today, former Congressman Pete McCloskey responded to press reports that incumbent Congressman Richard Pombo had raised $1.2 million in campaign funds by year end 2005, as against McCloskey's zero.

"I intend to make Pombo's campaign funding sources and Mr. Pombo's actions in response to those sources a major issue in this campaign," McCloskey said.

He challenged Pombo to respond to the following facts:

1. Indian gaming lobbyist Jack Abramoff has recently pled guilty to felonious efforts to
bribe Members of Congress.

2. Mr. Pombo and his PAC, "RICHPAC," have received more money from Abramoff, his wife and clients ($54,500) than any other California congressperson.

3. Mr. Pombo has also received more money (over $500,000) from Indian tribes than any other Member of the House.

4. One of Mr. Abramoff's most lucrative clients was the infamous clothing manufacturing industry in the Marianas Islands, a U.S. trust territory under the jurisdiction of Chairman Pombo's Committee on Resources. The industry, led by one Willie Tan, paid Abramoff millions to fend off legislation which would reform applicable immigration and labor standards to the thousands of young women brought to the Marianas to work in the sweatshops there.

5. Working conditions had become so notoriously bad by 2000 that conservative Senator Frank Murkowski, (R. Alaska) was able to obtain unanimous Senate passage of a Marianas reform bill. The bill upon passage was referred to Pombo's Committee on Resources, then chaired by James Hansen (R-Utah) where it died.

6. Over a two year period Abramoff records reflect he met on at least two dozen occasions with Majority leader Tom Delay (R-Texas) seeking to prevent Marianas reform legislation and on other topics.

7. During an 8-month period in 2000, Mr. Pombo's press secretary and legislative assistant received at least a dozen tickets to Abramoff's private "skybox," on five separate occasions, the tickets being valued at $1,000 each for inside-the-Beltway fundraising purposes.

8. On September 16, 2003, Abramoff's associate Kevin Ring, a former staff person for Congressman John Doolittle, gave Pombo's RICHPAC $1,000. Mr. Ring also gave Mr. Pombo an additional $3,000 between September 13, 2002, and February 18, 2005. In the fall of 2005, Mr. Ring took the 5th Amendment when questioned by Senator John McCain's Committee on Indian Affairs.

9. In January 2004, Mr. Pombo traveled to the Marianas, and on May 18, 2004, received nine campaign contributions from the following residents of the Marianas connected with the garment industry or the government of the Marianas.

Jerry Tan $500
Eloy Inos $500
Juan Baubata $500
Paul Zak $500
Hsia-Ling Lin $2,000
Richard Pierce $1,500
Clarence Tenorio $1,000
Pedro Atalig $1,000
Diego Benevente $500
Total = $7,750

10. In January 2005, Mr. Pombo and the House Republican leadership changed the House Ethics Rules to prevent any further investigation of Tom Delay who had been three times admonished on the House Ethics Committee.

11. As of February 2006, Chairman Pombo has neither considered a bill to implement the Murkowski bill, nor has he responded to repeated requests to investigate the Abramoff influence on either the Marianas reform bill or the Indian casino industry.

"At the very least, Mr. Pombo should explain to his constituents why he has taken so much money from Mr. Abramoff, his clients, and the Indian tribes interested in casino gambling,"

McCloskey said.

For more information contact:
Robert Caughlan
650 575 9448
www.PeteMcCloskey.com
---------------------------

US delegation leaves Pohnpei with "first-hand island experience"
www.fsmgov.org/press/pr011704.htm

PALIKIR, Pohnpei (FSM Information Service): January 17, 2004 - Congressman Richard Pombo of the United States House of Representative and his Congressional Delegation (CODEL) along with Secretary Gale A. Norton of the US Department of Interior left Pohnpei State with an experience of the island life, "first-hand" during their visit to the seat of the nation.

The welcome for the high-level CODEL was punctuated by the famous heavy rain showers of Pohnpei upon arrival. Mwaramwars and a chorus of songs from the local Head Start - as they waived mini FSM/US flags, continued the display of island-welcome when officials from both State and National Governments greeted the CODEL at the Pohnpei International Airport.

Continued rainfall accompanied their drive to the nation's capitol in Palikir where they met with President Joseph J. Urusemal and Speaker Peter M. Christian of the Congress of the Federated States of Micronesia.

President Urusemal welcomed the delegation to Palikir and explained that rain-shower in local folklores, is a good omen.

The President expressed FSM's appreciation for U.S.'s passage of the amended Compact and thanked, especially, the US Congress for its "swift action" on the amended Compact legislation.He also noted the recent establishment of DOI's Honolulu Office to monitor financial assistance under the Compact and expressed FSM's willingness and commitment to making the amended Compact work to the benefit of both nations.

Along the same line, Secretary Norton said the signed Compact signals tremendous opportunities for both nations to "further strengthen our relationship" and that she is "looking forward to working with the FSM, to go forward with the Compact of Free Association, to go forward with the future." …

During the evening's dinner reception at the Cliff Rainbow Hotel, Chairman Pombo echoed Secretary Norton's remarks when he also referenced Specialist Bermanis's sacrifice. He thanked the FSM for their sons and daughters that are serving alongside U.S's own. Chairman Pombo said their visit to Pohnpei afforded the opportunity for members of his delegation to see and experience first-hand the issues which they have been working on from afar.

Secretary Norton said, "it provided a tremendous opportunity to experience the FSM first-hand." … Pombo chairs the House Committee on Energy and Natural Resources. The chairman headed a CODEL that included: Rep. Eni Faleomavaega from American Samoa, Rep. Frank Lucas from Oklahoma, Rep. Jeff Flake from Arizona, Rep. Dennis Rehberg from Montana, Rep. Dennis Cardoza from California, Rep. Madeleine Bordallo of Guam and a several Congressional staff.

Representing the 11th District of California, Chairman Pombo is serving his sixth term in the House. His personal leadership has been noted as "very instrumental and effective" in the passage of the amended Compact legislation …
-----------------------------------------------------------------------

Pombo introduces rewrite of Endangered Species Act

Sep 26, 2005 9:17 AM
By Forrest Laws, Farm Press Editorial Staff
http://westernfarmpress.com/news/9-26-05-Pombo-Endangered-Species-Act/

Rep. Richard W. Pombo, R-Calif., introduced his long-awaited rewrite of the Endangered Species Act of 1973, saying it was “time to do better” by the plants and animals the law was designed to protect.

Pombo, chairman of the House Resources Committee, was joined by fellow West Coast Congressmen Dennis Cardoza, D-Calif.; Greg Walden, R-Ore.; and George Radanovich, R-Calif., at a press conference announcing the new legislation in Stockton, Calif., Sept. 19.

After the announcement, critics complained the new legislation would cripple the current Endangered Species Act and “punch loopholes in the law on behalf of greedy developers, oil companies and other special interests.” Pombo said the 1973 law simply has not done what it was intended to do...
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http://www.ucinthevalley.org/articles/2002/jan25art1.htm

Former U.S. Congressman Tony Coelho Commits Endowment for UC Merced

Merced, CA - Tony Coelho, a former U.S. Congressman who represented California's Central Valley for more than a decade and pioneering advocate for a University of California campus in the region, has committed an endowed chair to the University of California, Merced. A special ceremony will be held this afternoon (Friday, January 25) in Merced to announce the Tony Coelho Endowed Chair in Public Policy and to recognize his longtime commitment to the 10th UC campus.

"For our campus to have a faculty chair bearing the name of Tony Coelho is indeed a privilege," said UC Merced Chancellor Carol Tomlinson-Keasey. "He is a visionary leader whose work to promote education, disability awareness, agriculture and many other important issues has improved the lives of millions of Americans. Tony Coelho's dedication to public service will live on in the faculty research and education of future leaders made possible through this endowment." …

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SENATORS DEMAND ANSWERS ON UC PAY
Unreported compensation raises ire at panel's hearing
- Tanya Schevitz, Todd Wallack, Chronicle Staff Writers
Thursday, February 9, 2006
http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2006/02/09/MNG8JH5HBO1.DTL&type=printable

Sacramento -- Members of the state Senate Education Committee expressed annoyance Wednesday and demanded to know why the University of California has failed to fully disclose its pay practices and follow its own policies.

At a contentious hearing, UC President Robert Dynes faced one difficult question after another and offered a personal apology for the university system's failure to meet its obligations to account for the money it gives employees.

"It is with real regret that I have come to acknowledge that we have not always met the standards others hold us to in matters of compensation and compensation disclosure,'' Dynes said. "My ethics are upset by this."

The hearing was one of a series called in response to reports in The Chronicle that the 10-campus system has paid some employees much more than was reported to the public. Dynes is scheduled to testify again before the Senate committee on Feb. 22. An Assembly committee plans to hold its own hearings in late spring.

At Wednesday's session, senators peppered Dynes with questions about golden parachutes offered to former Provost M.R.C. Greenwood and former UC Davis Vice Chancellor Celeste Rose as well as about hidden pay and perks offered to other executives.

In one of the harshest exchanges, Sen. Gloria Romero, D-Los Angeles, demanded to know whether any UC executives had resigned or been fired in the wake of the payment revelations.

Dynes noted that Greenwood had resigned, eliciting snickers from the audience.

"We heard about what happened to her," Romero replied, referring to a $301,840, 15-month leave she was given after her resignation as well as her cushion of a $163,800 faculty job at UC Davis. Greenwood resigned in November after UC opened an investigation into the hiring of her business partner and son after questions were raised by The Chronicle.

Romero also asked whether anyone at UC was examining whether any of the mistakes "border on criminality."

"Yes, there are internal investigations,'' Dynes said. UC has previously announced an array of internal audits, though this was the first mention of the possibility that any laws were violated.

In general, Dynes admitted that he had sometimes let the university go astray in its secretive approach to compensation.

"It is perhaps true that at times I have been so committed to competitiveness and excellence that I have not been as mindful of the other responsibilities that come with being steward of this public institution," he said.

Half of the senators on the 12-member committee were outspoken in their criticism, some saying Dynes' apologies and promises of improvements ring hollow considering that UC was in the same situation in 1992.

Sen. Jackie Speier, D-Hillsborough, ticked off a series of reforms recommended to the UC Board of Regents back then by retired Legislative Analyst A. Alan Post.

Dynes conceded that UC has continued to provide several executive perks that Post had urged be eliminated. Those include an executive severance pay plan that UC now says is deferred compensation (and is converting to a retirement plan), an executive auto allowance and a special life insurance policy.

"That was something that was asked of you, and you didn't comply," Speier said.
Dynes said a reporting and monitoring system will be put in place to make sure the reforms "stick" this time.

Under questioning from the senators, UC officials admitted for the first time that they had violated policy in secretly agreeing to give Rose, the former UC Davis vice chancellor, $50,000 and a new job that pays $205,000 a year. That agreement came after Rose, who is African American, threatened to sue for discrimination when she was told to resign. Rose's new job doesn't have any regular duties, and UC promised to keep her on the payroll for two years regardless of whether she does any work.

"This should have been approved by the regents," UC attorney Jeff Blair told the committee. "There was confusion as to who was taking action to get it approved. It was an error."

In other cases, Dynes acknowledged that UC administrators had made exceptions to policy to pay employees additional money or perks. Last month, UC drew fire for an exception granted former UC Berkeley Chancellor Robert Berdahl, allowing him to keep the full $355,000 he earned on a 13-month leave even though he plans to quit to take another job before fulfilling his teaching commitment.

Dynes said he had no idea how often such policy exceptions were granted. Until the audits can be completed, Dynes announced, future policy exemptions for senior managers will require his approval in consultation with the regents.

"I want to see the exceptions to see if there are flagrant violations,'' Dynes said. "I am only guessing at this point, and guessing is not a healthy thing to do."

Critics, however, said the new policy does not go far enough.

"Dynes continues to insist that he will consult, rather than requiring approval by, the regents before making exceptions to new compensation policies. That's an insufficient safeguard," said UC Berkeley Professor Bruce Fuller, who led a faculty drive for an independent investigation into the compensation practices. "It's a sugar-coated version of the status quo."

Sen. Jeff Denham, R-Salinas, urged Dynes to impose a salary freeze until the university can finish reviewing and improving its pay practices.

"Why not stop the blatant abuse we have seen and figure it out," Denham said.
Dynes said UC has already frozen executive pay.

"We have had a salary freeze the past three years,'' Dynes said. "I have had no salary increase in three years."

In fact, the UC regents in November approved a retroactive pay raise of 2.5 percent for dozens of senior managers, including Dynes. Dynes' pay, for instance, went up $10,000 to $405,000 as of Oct. 1.

UC spokesman Michael Reese said executive pay had been frozen for three years, despite the recent increases, so "that does not negate the basic point he was trying to make."
------------------------------------

UC provost who quit got questionable perk
$125,000 payment for housing possibly violated policy
Todd Wallack, Tanya Schevitz, Chronicle Staff Writers
Friday, November 11, 2005
http://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2005/11/11/MNGFMFMNV01.DTL

…In addition, UC has placed one of Greenwood's underlings, Winston Doby, on paid leave while it investigates whether he did anything improper to help Greenwood's 43-year-old son, James Greenwood, win a paid internship at UC Merced.
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PERSONAL PERSPECTIVE
Lessons not learned at UC
Louis Freedberg
http://sfgate.com/cgi-bin/article.cgi?f=/c/a/2005/11/23/EDGVPFS9FO1.DTL
Wednesday, November 23, 2005

WILL THEY ever learn?

The most depressing aspect of the recent revelations by my Chronicle colleagues Tanya Schevitz and Todd Wallack about the lack of transparency in awarding compensation to top University of California employees is that the university went through a similar nail-pulling experience 13 years ago.

In 1992, the university was thoroughly shaken by disclosures that the Board of Regents, in a series of closed door meetings, had awarded then-UC President David Gardner a "deferred compensation" and retirement package worth close to $1 million.

That included an annual pension of $126,000, adjusted annually for inflation, that Gardner, who chose to retire at age 58, would receive for life.

The revelations came during another period of financial duress for the university. During the three years leading up to the Gardner disclosures, student fees had risen by 85 percent. That was the last time student fees had escalated so rapidly until the most recent round of fee increases -- up 79 percent since 2001.

I covered the ins and outs of the scandal, which included publishing transcripts of a closed-door meeting at which regents schemed how to keep details of Gardner's compensation from the press. (As we later discovered, I and other reporters were waiting right outside the room where the regents brazenly discussed how to keep the information from us).

Revelation upon embarrassing revelation followed -- including how the university bought Gardner's house in Utah in order to facilitate his move to California and ended up losing $111,000 on the deal when it sold it later. Gardner didn't want to live in the president's house in Kensington, so the regents gave him a low-interest loan, plus a generous housing allowance, so he could buy a house in Orinda. It even paid for the property taxes on the Orinda property.

The scandal widened when it turned out that 22 other top officials of the university also received similarly secretive "deferred compensation" packages.

The furor reached its peak when then-Gov. Pete Wilson and Speaker Willie Brown showed up at a tumultuous special meeting of the regents to defend Gardner's severance package.

In his memoir "Earning My Degree," published last year by UC Press, Gardner tried to rewrite history by downplaying the seriousness of the scandal.

He blamed the media for its "unremitting, and unrestrained (mostly inaccurate) news reporting" -- even though he never once requested a correction for any of the dozens of stories I wrote about the furor.

In his memoirs, he paid me a backhanded compliment by describing me as "an intelligent and accomplished journalist." But, in a conspiratorial flight of fancy, he concocts a theory that has no basis in fact by suggesting my reporting was driven or manipulated by Ralph Nader, simply because I knew his sister Laura, an anthropology professor at UC Berkeley.

In his 432-page memoir, Gardner leaves out any mention of a lacerating 1992 report commissioned by the university by retired Legislative Analyst A. Alan Post, at the time perhaps the most respected fiscal analyst in California.

"The manner in which compensation issues have been presented, considered and approved during the last 10 years has been seriously deficient," Post concluded. "The imposition of secrecy (regarding executive compensation) appears to have become commonplace, becoming a matter of convenience rather than principle."

Gardner's memoir also neatly leaves out any reference to a 178-page audit by the state's auditor general, also in 1992, expressing concerns about questionable practices by UC officials, including first-class air travel, using university money to pay for a wedding reception and making charitable contributions using UC funds with no clear benefit for the university.

The auditor rejected the argument that some of these perks were paid for from "private funds." "Because UC exists as a constitutionally based public trust, it is an entity of the state," the auditor wrote. "As such, all of UC's funds are state funds and should be expended with similar regard for UC's responsibilities as a public trust."

After Gardner left, new UC president Jack Peltason introduced a range of reforms that promised more openness in disclosing executive compensation. The university, for example, pledged to provide full details of executive compensation to the Legislature and involve UC faculty in helping to set administrative salaries.

So what happened? Gardner went on to become president of the Hewlett Foundation and chairman of the J. Paul Getty Trust. Over time, the scandal faded in memory, and Gardner was lionized by his peers. A smart new addition to the Doe Library on the UC Berkeley campus was named after him.

The transparency promised by the university gradually become more opaque, making a mockery of the "reforms" adopted by the regents -- with the unfortunate results we have seen over the past weeks. As Jeremiah Hallisey, the retired regent who was Gardner's most persistent critic at the time, reflected this week, "If they have to pay these salaries, let's justify it in a public meeting, and let's have transparency."

It's pretty simple. A public university has no choice but to do its business in public.

That is a truism that the University of California has yet to fully embrace. It should not take a lashing from the public and the press every dozen years or so to force it to do so.

Louis Freedberg is a Chronicle editorial writer.
--------

List of SF Chronicle stories on the UC administration pay scandal:

List of execs who got severance
(1/27)
President gets power to boost salaries
(1/19)
Big changes sought in how UC raises pay
(1/13)
Details given on extra pay
(1/12)
Legislative hearing into UC compensation
(12/6)
Ex-provost still on payroll
(11/26)
Freedberg: Lessons not learned at UC
(11/23)
Outrage in Capitol at pay revelations
(11/16)

Editorial: UC's hidden pay
(11/16)
UC refuses to release exec raise list
(11/15)
Student services cut as high-pay jobs boom
(11/14)
Free mansions for people of means
(11/14)
UC piling extra cash on top of pay
(11/13)
Other perks include gifts, travel, parties
(11/13)
Database of highest paid UC employees
(11/13)
-------------

UC Merced introduces foundation board of trustees

http://www.ucinthevalley.org/articles/2000/march1700.htm

...The blue-ribbon board consists of several Silicon Valley executives from such companies as Lucent Technologies and Sun Microsystems. Several current and former members of the UC Board of Regents included in the UC Merced Board of Trustees are current UC Regent chairman, John Davies, former chairs Leo Kolligian, Meredith Khachigian and Roy Brophy, current Regent Odessa Johnson, former Regents Carol Chandler and Ralph Ochoa. In addition, UC President Richard C. Atkinson, and Emeritus Presidents David Gardner and Jack Peltason are members of the new board ...

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Ranchwood in the news

Submitted: Feb 08, 2006
    2006

2-8-06
Merced Sun-Star
Groups Aim to Stop Sewer Line Construction ...Leslie Albrecht
http://www.mercedsunstar.com/local/story/11781260p-12500357c.html
Environmental groups want Ranchwood Homes to halt construction on a sewer line in Livingston, according to a letter released Monday.The San Joaquin Raptor Wildlife Rescue Center, Protect Our Water, and Planada Community Development Corp. say that Livingston shouldn't have approved construction of the sewer line because the project is on county land.
"The city of Livingston should not have given Ranchwood any authority to do anything out there," said Bryant Owens of the Planada Community Development Corp. "Ranchwood needs to stop what they're doing and come back to the county and get an annexation."
The mile-long sewer line between Vinewood and Magnolia Avenue could eventually connect a proposed 420-acre Ranchwood Homes subdivision to Livingston's wastewater treatment plant.
The environmental groups say the sewer line can't go in until Ranchwood gets permission to annex the land, meaning that the land would be brought into Livingston's city limits.
But Livingston has been following the rules, according to Interim City Manager Vickie Lewis.
"We followed every regulation that was required of us," said Lewis. "We have only gone as far as phase one, which is our only responsibility at this time. Anything beyond that is between the county and (Ranchwood)."
Ranchwood has received three encroachment permits from the county so far, but the county won't issue any other permits until the county responds to the environmental groups' charges, said Development Services Director Bobby Lewis ...
Ranchwood Homes officials could not be reached for comment.

1-27-06
Merced Sun-Star
Annexations OK'd; city grows by nearly 200 acres...David Chircop
http://www.mercedsunstar.com/local/story/11736481p-12459428c.html
MERCED - Two Merced annexations gained final approval from the Local Agency Formation Commission on Thursday morning and a third was tabled until next month. • The Ranchwood N Street Annexation • And the Mission Avenue Annexation. LAFCO commissioners held off on approving the Barnell Annexation, a 73 acre swath south of Cardella Road. That annexation
proposal will be discussed at the next LAFCO meeting on Feb. 23.

1-26-06 LAFCO
http://web.co.merced.ca.us/lafco/pdfs/agendas/01262006.pdf
VI. PUBLIC HEARINGS (Testimony limited to 5 minutes or less per person)
A. Ranchwood Annexation to the City of Merced – File No. 0622

1-24-06
Merced Sun-Star
Loose Lips: Land baron becomes local celeb...David Chircop
http://www.mercedsunstar.com/local/story/11724259p-12448018c.html
When Merced land baron Greg Hostetler isn't donating fists full of money to his pet charities, "Mr. Ranchwood Homes" is giving away his John Hancock. Hostetler, arguably the county's most successful homegrown developer, said he was stopped recently by a man who wanted his autograph.

1-21-06
Merced Sun-Star
Session to tackle city's effort toward affordable homes...Leslie Albrecht
http://www.mercedsunstar.com/local/story/11714888p-12438920c.html
LIVINGSTON -- New housing is popping up all over town, but how many residents can actually afford it? Ranchwood Homes president Greg Hostetler said forcing developers to keep prices low can backfire by driving up the cost of market-rate units. Hostetler said inclusionary housing ordinances are relatively new to Valley cities... Livingston is looking at inclusionary housing..

    2005

11-16-05
Merced Sun-Star

Livingston OKs draft of city in 2025...Leslie Albrecht
http://www.mercedsun-star.com/local/story/11486665p-12225871c.html
The council unanimously approved a draft project description of a Master Environmental Impact Report...the consultants writing the impact report now have a map of where Livingston intends to develop and a timeline for when it will get there. ...representatives from Ranchwood Homes and Gallo Homes, both of which are planning large subdivisions in Livingston, urged the council to move forward. Both Ranchwood and Gallo are paying for most of the consultants' work on the city's new impact report.

10-19-05
Merced Sun-Star
Added funds propel Livingston Master Plan...Leslie Albrecht
http://www.mercedsun-star.com/local/story/11369021p-12116135c.html
Funding is now in place to create Livingston's new master plan. With the presentation of a check for $155,760 to the Livingston City Council at last night's meeting, developer Ranchwood Homes provided the last portion of funds need to create the new plan. Two other developers, Gallo and Del Valle, have already made major contributions to fund the plan.

4-25-05
Merced Sun-Star
Development closer to reality...Adam Ashton
http://www.mercedsun-star.com/local/story/10373719p-11176985c.html
LIVINGSTON -- Two major subdivisions on the outskirts of town are inching closer to reality with a city analysis of their environmental impacts expected at the end of the year. The Ranchwood and Gallo plans together make up about half the number of homes Livingston has on its books now with a mix of more than a dozen other subdivisions. That's why the two companies are footing most of the bill for the city's new master plan and environmental documents.

2-3-05 Merced Sun-Star
Investigation unit was on move before board vote...Scott Pesznecker
http://www.mercedsun-star.com/local/story/9885814p-10731412c.html
Merced County District Attorney Gordon Spencer was so confident the Board of Supervisors would OK a proposed move of his investigations staff that he had the office's employees pack up their desks before supervisors even voted Tuesday. The day after supervisors approved his plans, more questions surfaced about $16,000 in renovations to the new office space made before supervisors signed off on the move. Spencer also mentioned using the asset forfeiture
money at Tuesday's supervisor's meeting.
Merced County Auditor Stephen Jones said late Wednesday he couldn't find any records of money drawn from the county treasury to be paid to Hostetler, Ranchwood Homes Corp. or Ranchwood Contractors, Inc. However, there are two other funds Spencer has access to that do not need Jones' signature on a check, though they still need supervisors' approval. Schecter, who is
also an ethics professor at CSU Fresno specializing in local government, said the lease agreement could have been handled better from start to finish. "Ethically, I think there are some problems," he said.

2-1-05
Merced Sun-Star
County investigation unit's move raises questions...David Chircop
http://www.mercedsun-star.com/local/story/9874084p-10720593c.html
Merced County supervisors are being asked today to terminate a lease with familial ties tothe district attorney's office in favor of a contract with a company that has business ties with the district attorney himself. The move won't financially benefit Merced County District Attorney Gordon Spencer or any members of his staff. However, it will benefit Greg Hostetler, president of Ranchwood Homes. Hostetler, Spencer and several other partners own about 25 acres on Bellevue Road that they hope someday to develop. Spencer acknowledges having both a friendship and business dealings with Hostetler, but says those bonds have no connection with today's request.

    2004

12-22-04
Merced Sun-Star
http://www.mercedsun-star.com/local/story/9652113p-10536591c.html Adam Ashton...
Work can start on Livingsto sewer line...
The City Council and Ranchwood Homes agreed Tuesday night that the builder can proceed with its plans to place a 5,100-foot-long sewer pipe just outside of Livingston's sphere of influence at its southwest corner.

12-8-04
Merced Sun-Star
http://www.mercedsun-star.com/local/story/9564250p-10454279c.html ...Adam Ashton...Developer gets tacit OK for sewer pipe...
LIVINGSTON -- Projections for growth on the city's outskirts look so good that one developer is ready tobuild a sewer connection for a project that won't
take shape for several years. Ranchwood Homes asked the City Council if it could move ahead with plans to build a nearly one-mile sewer extension south of Livingston for a planned 300-home development that is still in its concept stages. Council says it's his risk if homes don't win approval.

7-22-04
Merced Sun-Star
http://www.mercedsun-star.com/local/story/8882627p-9772671c.html ...Melanie Turner...Donation brings UC gym bit closer...
University of California, Merced, got off to a strong start with a
$500,000 donation from Greg and Cathie Hostetler, Los Banos developers of Ranchwood Homes for a gymnasium, featuring a NCAA regulation-size basketball court and seating for 480. The university plans to fund the recreation center in large part with a loan from the UC office of the president, which would be paid back in student fees, Wyan said. Gymnasiums, dormitories, dining halls and other nonacademic facilities cannot be financed with state money, Wyan said. Campbell said there likely will be intramural sports in the 2005-06 school
year, as well as sailing and other water sports at nearby Lake Yosemite.

2-28-04
Modesto Bee
http://www.modbee.com/2004/election/merced/supervisors/story/8190479p-9040645c.html 2-25-04
Candidate's poll raises questions about support
Lee Neves says it was an innocent mistakewhen he attributed an $8,500 polling expense to a political action committee instead of local developers...six contributors: Bert A. Crane Jr., a Merced farmer and rancher; Rucker
Construction of Merced; Ranchwood Homes of Los Banos; Trans County Title of Merced; Maxwell Enterprises of Merced, a construction and development company; and James Abatte of Merced, who owns a number of fast food franchises in the county.

2-4-04
Merced Sun-Star
http://www.mercedsun-star.com/news/newsview.asp?c=93758 Supervisors: Le Grand development may proceed...Ranchwood Homes

2-3-04 MERCED COUNTY BOARD OF SUPERVISORS AGENDA

http://www.co.merced.ca.us/bos/boardagenda/current.pdf
10:30 A. M.
PLANNING - PUBLIC HEARING
Appeal of Planning Commission approval to approve Major Subdivision Application No. 03001- McPherson Subdivision submitted by Bryant Owens. Application submitted by Ranchwood Contractors to subdivide two parcels totaling 19.0 acres into 96 residential building lots on property located on the south side of Savanna Road and 580 feet west of Santa Fe Avenue in the Le Grand area.

1-21-04
Modesto Bee
http://www.modbee.com/local/story/8034324p-8897076c.html Los Banos builders busy trading lawsuits... Larry Anderson of Anderson Homes suing Greg Hostetler of Ranchwood Homes, his
former partner.

1-5-04
Merced Sun-Star
http://www.mercedsun-star.com/news/newsview.asp?c=89194 Board eyes meetings in evening...Merced County Board of Supervisors
Attachment:

Notice of Public Hearing...Feb. 3, 2004 Ranchwood Contractors

    2003

12-23-03 Merced County Board of Supervisors agenda

http://www.co.merced.ca.us/bos/boardagenda/current.pdf
10:30 a.m. PLANNING - PUBLIC HEARING
CONSENT CALENDAR (Items #1 - 25)
Board of Supervisors
16. Set public hearing for February 3, 2004 at 10:30 a.m. to consider an Appeal received by Bryant Owens to Major Subdivision Application No. 0300 - Ranchwood Contractors.

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Publicly subsidized Merced Grifters to give another "One Whine" concert at state Capitol

Submitted: Feb 08, 2006

“ With a paid lobbyist by their side, the group of two dozen people calling themselves the "One Voice Delegation" will meet with directors, cabinet heads and politicians in the capital today and Wednesday.” Chris Collins Merced SunStar Tues Feb-07-2006

Regular Meeting
TUESDAY, OCTOBER 18, 2005

Regular Meeting – 10:00 a.m.

48. Supervisor Kelsey - Approve the One Voice Program Membership Contribution of $16,982 for FY 2005/2006 and approve the necessary budget transfer. APPROVED AS RECOMMENDED AYES: ALL

Editor,

The One Voice Delegation walks like a political action committee and talks like a political action committee, it collects political contributions from its members and expends those monies on political special interests like a political action committee, except the One Voice Delegation hasn’t registered with the state of California as a political action committee.

According to the minutes of the October 18th 2005 Board of Supervisors meeting (Item #48), the supervisors unanimously voted to transfer $16,982 from the general fund to the One Voice Delegation for expenses in the 2005/6 fiscal years. This lobbying is therefor being subsidized, directly by county residents through taxes!

That money should be clearly recorded and identifiable as to where that funding comes from and how and where it is being spent. An accounting of how those funds eventually return any appreciable benefit to the unwitting taxpayer should be traceable at the end of the process. Without an accurate audit trail these benefits will not be possible to determine.

This audit trail will not even exist if MCAG is allowed to continue expending county general fund revenues without formally declaring its political motivations and complying with the laws regulating those activities.

It would be appropriate and prudent for this group to document all of its donors and expenditures insofar as the lobbying activities outlined in the Sun Star article represent the “consensus” of a very small and select special interest group from among the diverse population of Merced County. Though brash in the scope of its ambition, the One Voice Delegation cannot possibly believe that it represents the consensus of Merced County as a whole.

The rules under which a political action committee must operate are necessarily more stringent than the requirements imposed by the leadership of the Merced County Association of Governments. There are good and logical reasons for this kind of official supervision not the least of which is to avoid even the appearance of any conflict of interest.

While I strongly defend any political groups right to lobby for a cause, I take great exception to them doing so with my tax dollars if I happen to disagree with either their philosophy or their stated agenda. I happen to disagree that this groups stated philosophy would be achieved by their stated agenda.

I see a request for money to build a bypass for Los Banos, and to widen Hwy 99 and to build the UC campus yellow brick road, and I wonder how do any of these projects or funding alleviate poverty, unemployment or traffic congestion, for the people who actually live in Merced County?

I see an effort to regain access to gasoline taxes for road maintenance at the county level, yet I see a county administration dedicated to urban sprawl. Why should the state build or upkeep roads in Merced so that more people can commute from the Valley to jobs in the Bay Area? For that matter, why does Merced county think building better freeways through the county will alleviate the surface traffic congestion throughout the county?

I am not saying that lobbying the state for funding is wrong, although it does clearly highlight how ‘welfare dependant’ the administration of this county actually is, I rather intend to point out that the One Voice Delegation’s is acting as a political action committee and must submit to the same standard and regulations as any other similar organization.

Ms. Steelman, one of the MCAG facilitators interviewed for the SunStar article is indeed charming and adroit at her job! Having participated directly in the MCAG’s previous program ‘Partners in Planning’ I am painfully aware of the process through which the facilitators are able to steer a disparate group of ‘pre-identified’ stakeholders, to a predetermined consensus. The whole process is chilling in its efficiency, imbued with an indomitable sense of self-preservation and when all is said and done demonstrates as little concern with the input of the stakeholder as an Australian shepherd has with the concerns of a lone sheep.

Bryant Owens- Plainsburg (209) 769-0832

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Who bulldozed the Torres farm labor camp and why?

Submitted: Feb 06, 2006

Felix Torres CEQA Scoping Request to Agencies
Feb. 6, 2006

From:

Lydia Miller, President
San Joaquin Raptor/Wildlife Rescue Center
(209) 723-9283, ph. & fax
raptorctr@bigvalley.net
P.O. Box 778
Merced, CA 95341

Steve Burke
Protect Our Water (POW)
(209) 523-1391, ph. & fax
sburke5@sbcglobal.net
3105 Yorkshire Lane
Modesto, CA 95350

Bryant Owens
Planada Association and Planada Community Development Corporation
(209) 769-0832
recall@mercednet.com
2683 South Plainsburg Road
Merced CA 95340-9550

To:

Robert Lewis Director
Merced County Planning and Economic Development
2222 M Street
Merced CA 95340
Phone:(209) 385-7654
via Fax (209) 726-1710

Board of Supervisors Merced County
2222 M Street
Merced CA 95340
Phone:(209) 385-7366
via Fax (209) 726-7977

Board of Commissioners
Housing Authority of Merced County
405 U Street
Merced CA 95340
Phone:(209) 722-3501
Fax (209) 722-0106

Sunne Wright McPeak Secretary
Business, Transportation & Housing Agency
980 9th Street, Suite 2450
Sacramento, CA 95814-2719
Phone (916) 323-5400
Fax: 916-323-5440

Judy Nevis Director
Housing & Community Development
1800 Third Street
Sacramento, CA 95814
Phone (916) 445-4775
Fax (916) 324-5107

Richard L. Friedman Acting Deputy Dir.
Division of Financial Assistance
Phone (916) 322-1560
Fax (916) 327-6660

Kim Dunbar Assistant Division Chief
Phone (916) 322-1560
Fax (916) 327-6660

Janet Marzolf, Section Chief

Asset Management & Compliance Section
Phone (916) 327-2896
Fax (916) 327-6660

Patrick Dyas Program Manager
Office of Migrant Services
Phone (916) 327-0942
Fax (916) 327-6660

Monday, February 06, 2006

Re: CEQA review of proposed new migrant housing in Planada (Merced County), Scope of Project, Analysis of alternatives to project, irregularity in NEPA analysis of environmental impacts; project incompatibility with current County General Plan; misappropriation of federal funding for migrant housing to construct low-income housing. Environmental Justice Abuse.

Ladies and Gentlemen:

We are greatly dissatisfied with and concerned over the actions of the Housing Authority of Merced, especially concerning the demolition of the Felix Torres Migrant Camp, and a documented agreement made with certain Merced county officials by Housing Authority Executive Director, Nick Benjamin in which the County of Merced purportedly required Housing Authority to relocate Planada Village in collaboration with SUDP zoning changes proposed by the County of Merced during the environmental review of Planada’s Community Specific Plan Update (Dec 2003).

As you all may certainly verify, the funding for the proposed renovation of the Felix Torres Camp, and funding for the demolition and replacement of Planada Village (asbestos) was individually encumbered in two separate OMS grant in year 2003. There was also a third grant awarded to the Housing Authority bringing the aggregated total for renovation of Planada Migrant camps to just over $10 million dollars.

Planada citizens were delighted with the concept of renovation of the existing camps, but were solidly in opposition to the idea of moving either camp further away from the community. .

The decision to combine these grants into a single ‘project’ seems to have been solely at the discretion of Mr. Nick Benjamin. [1] No satisfactory explanation was ever given to date as to why the Felix Torres camp could not be rebuilt on its original site. It is clear that Department of Housing and Community Development owns the structures of the Planada Village Camp and contracts with Housing Authority of Merced for the maintenance thereof, and it is also clear the Housing Authority owns the land, and both parcels were and are still zoned for the use of Migrant Housing.

Our contention is that CEQA review should have begun at that point at which Mr. Benjamin decided to move the existing camps to new locations, back in 2003. As a semi-autonomous State Agency, Housing Authority has lead agency status with regard to NEPA review of this proposed project, however, that autonomy does not supercede land use authority in Merced County when a proposed project requires a zoning change, or as in this case, a conditional use permit. (Migrant Housing is not an automatically granted land use on land zoned A-1 Agricultural, there are specific requirements of the County General Plan that must be met and approved, and that process requires public review and opportunity to comment under CEQA).

Mr. Benjamin’s decision to relocate the camp(s), was facilitated by the Central Valley Coalition for Affordable Housing (a non-profit organization formed by the Housing Authority of Merced in 1987), which secured a loan from (or through) Housing Authority to purchase alternate land for the construction of a proposed ‘combined’ migrant and year round camp.

Mr. Nick Benjamin at that time was both the Executive Director of Housing Authority, and the Secretary of Central Valley Coalition for Affordable Housing and it is believed that he had full authority to act on behalf of both organization’s boards with regard to the procurement of the specific 24-acre parcel on Gerard Avenue (the originally intended location to which Felix Torres camp was to be moved).

Public outcry and written opposition to the change in location of Felix Torres Camp presented to the County Board of Supervisors, stalled the project and lead to an elaborate ‘shell game’ of deed transfers and money laundering that culminated in Jan. with the recording of the sale of that parcel to Merced County C.E.O. Demetrios Tatum and his wife. This land sale and all its intermediary steps are currently under the investigation of the Merced County Grand Jury.

Mr. Benjamin is a person who wears many hats in Merced County. Beside those previously mentioned, he also holds a position on the board of the Community Action Agency (a quasi-governmental non-profit agency whose funding, such as Community Development Block grants, is directly controlled by the Merced County Board of Supervisors). Mr. Benjamin also sits on the Workforce Investment Board, (established by statute in 2001 and whose members are appointed by the Merced County Board of Supervisors).

Mr. Benjamin has collaborated extensively with Mr. Rudy Buendia, the director of FirmBuild, (a non-profit corporation involved with other projects in Planada such as the Bear Creek Village) for many years. Mr. Buendia currently is appointed as a Commissioner of the Housing Authority of Merced’s Board of Commissioners (appointed by the District Supervisor for district 1 which includes Planada.) Mr. Buendia also hold an appointed position on the Merced County Planning Commission as a Commissioner (also appointed by the District 1 Supervisor)

Mr. Buendia seems to be in the enviable position of sitting as a voting member of the ‘lead agency’ for the NEPA approval of the proposed new Felix Torres Project, and as an advisor to the ‘lead agency’ for the CEQA review of this same project. Additionally FirmBuild may be involved in the eventual reconstruction of the Felix Torres Camp. Consequently the public has no clear or speedy means of determining whether or not any other inappropriate financial aggrandizement may occur through the eventual release of these encumbered OMS grant funds.

The normal checks and balances, which would preclude such conflicts of interest, are demonstrably absent in a rural setting such as Merced County where one person can wear so many hats simultaneously.

There seems to be a great deal of overlap in the funding streams coming into Merced County through the Department of Financial Assistance of the Department of Housing and Community Development. It is clear to these commentators that the restrictions on the beneficiaries of grant funding through specific programs such as Joseph C. Serna Farmworker housing (which represents about one third of the grant funding for this proposed project) may be effectively circumvented under the aegis of Mr. Benjamin’s proposal.

The Predevelopment Loan Program used to demolish the Felix Torres Camp may have been used in violation of CEQA in that no environmental review was even contemplated for that aspect of the project until during the actual demolition when the commentators did a site inspection and discovered evidence of endangered and/or protected species on site, and brought such information to the attention of Housing Authority. The public will never know whether or not there was illegal ‘take’ of endangered/protected species during the demolition of the Felix Torres Camp buildings, but what is clear from written communications with the Housing Authority is their stated contention was that the contractor would have been liable for the illegal ‘take’.

This demonstrably limited understanding of the Housing Authority’s responsibility for complying with the laws of the State of California and those of the United States does not inspire confidence that this project is proceeding according to established standards of environmental review.

Having brought this situation to the attention of the grantors, it should not remain incumbent upon the public to force an internal audit of this morass; it would seem incumbent on the director of the Department of Financial Assistance or his superiors to follow up on a complaint such as this.

We clearly see and understand the financial incentive Housing Authority has in cooperating with the parties financially interested in securing the zoning changes proposed in the 2003 Planada Community Plan Update; the Planada Village was to be replaced with a zone for commercial development along Hwy 140, and the Felix Torres Camp is directly adjacent to a riparian waterway (Miles Creek) and is being actively sought for the residential development capabilities afforded by the proposed change to low density residential zoning.

Both parcels would appreciate multiple orders of magnitude in value and would represent an irresistible temptation to seek less valuable real estate on which to build replacement migrant housing with the already encumbered grant funding.

While we can appreciate the considerable potential financial benefit of this collaboration to Housing Authority, we can also clearly see conflicts with other applicable land use authorities of the State of California including tenets of the Cortese-Knox- Hertzberg Act of 2000, as it would apply to the provision of municipal services outside of an established SUDP; specific proscriptions under CEQA disallowing a public entity to select a preferred alternative based solely upon the affordability of the land in question; the ongoing environmental injustice being inflicted upon the displaced population; not to mention the near impossibility of evaluating the compliance of this proposed project or any like it with the hopelessly outdated Merced County General Plan.

The community has already suffered the deprivation of the 88 Felix Torres Camp units and has born for three years the added congestion of accommodating those returning migrants in the sparsely available low and very low-income housing. The local economy has suffered commensurately lack of workforce during crucial times of harvest during the last three years.

The public was informed by Housing Authority representatives that the decision to close and demolish Felix Torres Camp was a directive of the State of California, and under the Public Records Act we wish to inspect any written document corroborating that assertion, if such could be identified in the files of any of the above parties to whom this letter is addressed. It is our belief that the decision to close and then demolish Felix Torres Camp was rather retaliatory and punitive of the public who voiced opposition to the political and residential development interests who were clearly the intended beneficiaries of this collaboration.

The citizens of Planada participated in the federal NEPA review of this proposed project. Written comments regarding the draft EA (Environmental Assessment) have not been acknowledged or answered and the Housing Authority acting as its own lead agency has approved their NEPA review. We attach a copy[2] of the submitted comments to assist you in determining whether substantive information has been overlooked in the EA by the ‘Lead Agency’(Housing Authority of Merced County).

Irrespective of the relative weight given to public comment during the NEPA environmental review process, the Housing Authority has now contacted the Merced County Planning Department seeking CEQA review and approval of this disputed project.

CEQA requires that the Lead Agency (Merced County) examine all feasible alternatives to the proposed project, and that the scope of that analysis include all issues identified in the earliest initial study, including, in particular, the intent of the original funding source, and the setting in which those particular funds were encumbered. By completing the NEPA analysis of this project independently from the CEQA review, the Housing Authority has sought to limit the analysis of the environmental impact solely to their preferred alternative. This is both subtle and inappropriate.

Plaintiffs who sued Merced County over the inadequacy of the 2003 Planada Community Plan on behalf of those migrants displaced by the actions of the Housing Authority (closing the Felix Torres Camp in 2003 and demolishing it in 2005) have not abandoned their suit. In fact that suit is currently in 5th Appellate Court in Fresno.

Merced County’s recently disclosed plans to radically expand the SUDP boundary of Planada as part of a County General Plan Update, seek to circumvent and moot the efforts of the appellants.

There is clearly a nexus of growth pressures, lack of sewer capacity, declining economic opportunity, and poverty in Planada that demand a comprehensive environmental analysis. The migrant housing to be built with this funding (encumbered since 2003) is certainly a seminal component of Planada’s housing supply, and crucial in that it will be supportive of the actual agricultural labor force indigenous to the community.

Unfortunately, though, it has come to light that the Housing Authority has no intention of limiting residents of the proposed new Felix Torres Camp to farm workers and their dependents. The overarching intent of providing low-income housing in Merced County on which so many other government subsidized funding streams reaching Merced County tend to depend, would seem to provide an incentive for County Planning to limit the CEQA review of this project. We hope this scrutiny will persuade Housing Authority Executive Director Nick Benjamin and County Planning to honor the actual legislative intent of the OMS grant funding. We wish to somehow ensure that the proposed housing is actually going to replace both the structures and the context that were demolished at the original Felix Torres site. The conclusions presented to the public in the Housing Authority’s draft EA do not inspire confidence that the public’s expectations for this project will be realized.

It seems clear that more specific guidance from the State Agency with direct control over the expenditure of these funds is necessary. Without intending to jeopardize the funding for migrant housing in Planada, may we suggest that Housing Authority is within their authority to rebuild the Felix Torres Camp on its original site, and can do so without abusing Merced County’s land use authority or the public’s trust.

If, as we believe the County of Merced is the land use authority and Lead Agency for the CEQA review of the Housing Authority proposed project on newly acquired property, then we request and require that the Scope of this project be broadened to include the original site of the Felix Torres Camp and all of the previous public involvement and comment on this proposal.

Sincerely,

Lydia M. Miller – President Steve Burke,

San Joaquin Raptor/Wildlife Rescue Center Protect Our Water

Bryant Owens- Chairman

Planada Community Development Co.

Attachment: Draft EA Comments-2005

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[1] Housing Authority Board of Commissioner minutes

[2] Comments on Draft Environmental Assessment 2005

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