Growth

Merced County Development Rodeo: Ranchwood Event

Submitted: Mar 10, 2006

San Joaquin Raptor/Wildlife Rescue Center and other members of the concerned public always wondered how developers in Merced County rode roughshod over local, state and federal environmental laws, regulations, agencies and its own public. But, rarely have they been granted the insight provided by this telephone message, recorded on Feb. 3, 2006.

Badlands has blocked out the last two numbers of the telephones the developer left for return calls from the supervisor he thought he'd called as a courtesy to the developer.

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!

End of message…to erase this message press 7, to save it press 9, to hear more options press 0. To replay this message press 4, to get envelope information about this message press 5. To…. Sent February 3rd, at 11:48 am from phone number 704-13** duration 1 minute 14 seconds. To erase this message press 7. To save it press 9. This message will be saved for 21 days. End of messages.

On Feb. 9, City of Livingston Mayor Brandon Friesen wrote San Joaquin Raptor/Wildlife Rescue Center and members of the public, accusing them of “conducting a documented pursuit and vendetta against Ranchwood Homes.” The mayor said public questions raised and public requests for documentation on this project have "placed our City in the middle of mud slinging and we will not stand for it.”

· The 42-inch sewer trunk line from the City of Livingston: Mr. Hostetler, who does business as Ranchwood Homes, is referring to a mile-long sewer trunk line he built from the corner of the Livingston wastewater treatment plant to a few yards away from where he plans to build a subdivision. The trunk line is built entirely outside the jurisdiction of the City of Livingston in land under county jurisdiction. On Feb. 16, when the project was still incomplete, County Counsel Ruben Castillo wrote a letter to the city attorney of Livingston instructing him in the number of laws the city had broken by "approving" this project beyond its jurisdiction. However, by Feb. 28, the project was completed and the 42-inch, mile-long sewer pipeline was covered over. The public has been granted access to neither city, county nor LAFCO files on this project, despite requests to county CEO Dee Tatum, county Counsel Ruben Castillo, county Director of Planning and Economic Development Robert Lewis, Local Agency Formation Commission Director John LeVan, and the county Board of Supervisors. A request for a meeting with CEO Tatum and department heads has also gone unanswered. The County has taken no action.

· 1,000 acres in North Merced: Ranchwood cleared approximately 1,000 acres of pasture bounded by G Street, La Paloma, Merced Country Club and Old Lake Road, north of Merced. The field crossed Fahrens Creek. Ranchwood put in field roads crossing the creek at two locations, tore out all vegetation along the creek and pushed freshly disked dirt into the stream. The land contains wetlands, is probably habitat for federal and state protected species. There are probable violations of the federal Endangered Species and the Clean Water Act. The public filed a request for code enforcement with Merced County. The County took no action.

· 300 acres near Le Grand: Ranchwood disked and deep-ripped a portion of a 300-acre field on the corner of White Rock and Le Grand roads in county jurisdiction. The land contains wetlands, is probably habitat for federal and state protected species. There are probable violations of the federal ESA and CWA. The public filed a request for code enforcement with Merced County. The County took no action.

· 1,100 acres near Le Grand: Ranchwood deep-ripped, leveled and disked approximately 1,100 acres of seasonal pasture land on the SE intersection of Buchanan Hollow and White Rock roads, also near Le Grand. The pastures contained small streams, wetlands, vernal pools and federal and state protected species. The public filed a request for code enforcement with Merced County. The County took no action.

These are significant conversions of land. Merced County should have directed Ranchwood to do proper environmental review before proceeding. Instead Merced County turned a blind eye to these significant conversions.

State and federal agencies were notified and are expected to uphold regulatory compliance on these projects.

· Franklin County Sewer District: Ranchwood excavated two additional percolation ponds in a field west of Santa Fe Road north of Highway 59 to service a subdivision Ranchwood is building in the Franklin-Beachwood area. The public has requested documentation on this project.

· Land swaps in Planada:

On April 22, 2003, J&J Family Trust sold a parcel of approximately 20 acres on Gerard Road to the Central Valley Coalition for Affordable Housing for $300,000 (approximating from the tax assessment of 1 percent).

On October 10, 2003, CVCAH sold the parcel to the Merced County Housing Authority for $300,000 (according to what MCHA official Nick Benjamin told members of the Planada public).

On Dec. 2, 2004, a complex land swap took place in Planada.

A. MCHA sold the same parcel (APN# 053-145-024) to the Pacific Holt Corp. for $550,000 (according to the tax assessment).

B. A.K. Karmangar, a Planada farmer, sells two parcels (approximately 20 acres) to the MCHA for $550,000 (according to the tax assessment).

C. Pacific Holt sells parcel APN# 053-145-024 to Mr. And Mrs. D. Tatum (CEO Merced County) for $269,500.00 (according to the tax assessment). This is apparently a savings of $280,500.00 to the Tatums for a piece of property Pacific Holt bought the same day for approximately twice as much as they sold it to the Tatums.

On Sept. 29, 2005, Hostetler Investment, LLC filed a memorandum of right of option to Pacific Holt Corp to purchase 50 percent of any or all Wallace and Karmangar property actually acquired by Hostetler, and at the actual gross per-acre price. “For instance, if, as expected, Hostetler actually acquires the entirety of the Karmangar Property containing 410+/- gross acres, the Option would apply to 205 +/- acres. The purchase price for both the Wallace Property and the Karmangar Property shall be the actual gross per acre price paid by Hostetler to purchase the Wallace Property and the Karmangar Property which shall be payable in cash on or before the close of escrow.”

On Dec. 23, 2005, a new entity, Pacific Holt Residential Communities, filed for a county General Plan Amendment for residential construction as the owner of 1,390 acres to be added to the Planada SUDP and to be known as the Village of Geneva at Planada. The acreage is composed of Karmangar and Wallace contiguous parcels.

Pacific Holt Residential Communities consists of Hostetler Investments LLC, Pacific Holt Corp., Premiere Partners III of Illinois, Bear Creek Ranch Inc. and local land holders, Bud Wallace, Inc, Opie and Elizabeth Wallace, Partners, and Hare &Sessions Development, Seattle WA.

The County approved the 2003 Planada Community Plan Update to the Merced County General Plan. The PHR Communities property lies outside of the Planada SUDP except for a 20-acre parcel. The Planada Community Plan has been legally challenged and the case is now in state appellate court.

This is by no means all the Ranchwood Homes projects, even in Merced County alone. It’s just a few examples the public has been able to collect from the east side of the county.

Could county CEO, Dee Tatum, fill in the public (after he’s explained it to Supervisor Crookham) on leapfrog, chaotic, unplanned development – the low, cowboy standards of Merced County planning with an out-dated General Plan, speculation-driven development and a new, incompetent planning director? Why does the County routinely disregards proper public process, the protection of public resources? Why has it shown neither the political will nor the ability to plan coherently in the midst of a speculative real estate boom that began before UC Merced was a “done deal”?

Would CEO Tatum explain why he hired a planning director from Nevada who is incompetent in California environmental law or public processes like the Public Records Act?

Could Supervisor Kathleen Crookham illuminate the public on her special relationship with Ranchwood Homes? Would Supervisor Jerry O’Banion of Los Banos explain how Ranchwood Homes does business, since O’Banion knows all things that occur on the west-side turf he shares with Ranchwood?

The Merced County public should ask how county government can do anything but build a reputation as the most corrupt local land-use authority in the state when the top Democrat opponent of environmental law and regulation in the House of Representatives and one of the key fixers behind UC Merced, Rep. Dennis Cardoza, Shrimp Slayer-Merced, is welcome to sit on the third floor of the county administration building.

The University of California, aided by Cardoza, former Rep.Gary Condit, Blue Dog-Ceres, the Condit children, Gov.Gray Davis and compliant state resource agency heads, railroaded (the term “fast-tracked” was substituted) UC Merced through environmental law, regulation and took local land-use authority, set the cowboy standards for development in Merced County. UC also acquainted local land-use jurisdictions with the magic of legal indemnification against legal challenges brought to protect Merced County natural resources, air, water, agricultural land, infrastructure, public health and safety, and endangered species as well as protecting proper public process.

Bill Hatch

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Support the ESA: Call senators Feinstein and Boxer today

Submitted: Mar 09, 2006

This is a pass-along post from the national Endangered Species Coalition urging you to call your U.S. Senator today to oppose the gutting of the ESA by legislation shamefully cooked up in the two adjoining districts of representatives RichPAC Pombo, Buffalo Slayer-Tracy, and Dennis Cardoza, Shrimp Slayer-Merced.

Talk to your senators' staff today. Numbers below.

Bill Hatch
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National Endangered Species Act Call-in Day: Thursday, March 9th

Please Call Your Senators Today!

We need your help to make sure the Senate supports the Endangered Species Act. The Senate Environment and Public Works Committee may take action on an Endangered Species Act bill in the next few weeks. Please call your Senators today!

For over thirty years, the Endangered Species Act has been a safety net for wildlife, fish and plants on the brink of extinction. It has been successful in preventing the extinction of the American Bald Eagle, the gray wolf, the Pacific salmon and many other species.

However, the Endangered Species Act is under threat from special interests, and the politicians they give money to. The House of Representatives has passed a bill that would significantly weaken protections for endangered species and habitat. It is now up to the U.S. Senate to save the Endangered Species Act!

It is critically important that your Senators hear from their constituents that Americans support the Endangered Species Act. Please join the Endangered Species Coalition, other organizations and thousands of Americans across the country by calling your Senators on Thursday, March 9th. Please ask your friends, relatives and colleagues to join you in calling. It only takes about 3 minutes of your time, but the results could last a lifetime.

Thank you for your help in ensuring the Endangered Species Act continues to protect our nation’s most imperiled fish, plants and wildlife so that future generations are able to enjoy their beauty!

Sincerely,

The staff of the Endangered Species Coalition
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ACTION: On Thursday, March 9th , call your Senators in support of a strong Endangered Species Act and urge them to oppose any efforts to change the Act.

PHONE NUMBERS FOR CALIFORNIA U.S. SENATORS

Sen. Barbara Boxer: (202) 224-3553
Sen. Dianne Feinstein: (202) 224-3841
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BACKGROUND:

The House of Representatives passed a bill in September of 2005 that would significantly weaken protections for endangered species and habitat. If Representative Pombo’s bill (HR 3824) becomes law, it would eliminate habitat protection, abandon the commitment to recovering species on the brink of extinction, repeal protections against hazardous pesticides, and politicize the scientific decision-making process. In addition, it would set up an unprecedented entitlement program that would require the federal government to use taxpayers dollars to pay developers for complying with the Endangered Species Act’s prohibition against killing or injuring endangered species.

Pombo's top Democrat supporter and first co-author is Rep. Dennis Cardoza, Shrimp Slayer-Merced. Calls from Pombo and Cardoza districts should carry special weight. - Bill

It is now up to the Senate to save the Endangered Species Act. Senators need to stand up and support the Endangered Species Act.

The Endangered Species Act is a successful law. According to the U.S. Fish and Wildlife Service, over 99% of species given the Act’s protection are still with us today; their extinction has been prevented. In addition, the American public supports the Endangered Species Act. A poll by Decision Research illustrated that 86% of American voters support the Endangered Species Act.

The Endangered Species Act is a safety net for wildlife, plants and fish that are on the brink of extinction. We owe it to our children and grandchildren to be good stewards of the environment and leave behind a legacy of protecting endangered species and the special places they call home.

For more information, visit the Endangered Species Coalition's webpage.

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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
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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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Interruption

Submitted: Feb 28, 2006

The Modesto version of the Denny Show sounds about the same as its Merced prototype (see article below): The congressman, local elitists and bureaucrats tell stories that comfort themselves in a setting designed to look like a meeting with the people which prevents the people from speaking directly to the great man without appearing to interrupt the steady flow of self-serving propaganda.

To interrupt:

The Valley needs to stop growing. Building should cease until people have had time to consider what this boom is doing, in which 20-30 percent of the houses are built for speculators.

We clearly need more agricultural land and natural habitat, not less. Selfishly, we need it for our health and survival – for better air and water and to do our part to stop global warming. At a higher level, natural resources have their own intrinsic values. We need to remember what we knew before we could conceive of the scale of destruction now engulfing the state: Nature has value for us if we can accept it.

Special interests and their politicians cannot accept it; slurbocracy is the result.

Politicians all repeat the lines of corporations, developers and big landowners, usually also major USDA subsidy farmers who pay what the people cannot afford to pay, the cost of political campaigns. The largest costs in campaigns are for media, principally for televisison. An equal and adequate amount of television should be made available for free to all candidates for public office in the United States, regardless of party. Media corporations work ceaselessly to keep that issue out of public consciousness, spending millions to lobby to erase the very thought of it. Politicians are afraid to liberate themselves from the domination of corporate media.

The only serious dialogue that occurs about the environment, at least in California, occurs either in court or under threat of court. Cardoza, a typical tool of the environmentally destructive faction, thinks, "There are organizations that are being funded solely by the lawsuits they file under the act … Everybody is suing. That is not governing properly."

Bipartisan window dressing in the all-Republican House of Representatives, Cardoza became the rear end of the Pomboza when he co-authored the Gut-the-Endangered Species Act with Rep. RichPAC Pombo, Buffalo Slayer-Tracy. He has wormed his way up in the hierarchy of Democrat sycophants in the House, lately becoming the co-chair of communications for the Blue Dog Coalition. The Blue Dogs are a group of conservative Democrats, mainly from large USDA-subsidy districts, who, being dogs, vote mainly along with their Republican masters. Now that he is the top Blue Dog barker, he doesn’t have to listen to anyone else anymore except Pombo.

For the record, however, the last time Dennis Cardoza met two of the most active members of the environmental community in his district was on the night he received word he would be made chairman of the Rules Committee in the state Assembly. The meeting occurred in Simon’s Restaurant near the state Capitol. Cardoza came over to their table, flanked by a couple of new staff, and asked if the diners were going to oppose UC Merced. On hearing that this was likely, he gave the table his rump, announcing over his shoulder, “Then we will do battle.” He has not spoken a word to these people since, nor has his staff. That’s a competent politician at work?

The Shrimp Slayer would have you believe he genuinely can’t understand why some people in his district are willing to go to court to defend environmental law and regulation. They do it because it is an authentic public right and responsibility and the last and only means for the public to protect the environment against drastic destruction and to protect the Public Trust and the legal processes of government. For example, in 1985, US Fish & Wildlife biologists discovered evidence of massive selenium poisoning in Kesterson Wildlife Refuge, in the middle of the district Cardoza now represents. The campaign by politicians, the Bureau of Reclamation, water agencies (principally Westlands Water District), and farmers to suppress the hard scientific ground-truthing was so grotesque Congress passed an act to protect whistleblowers the following year.

The Shrimp Slayer would have you believe that because UC Merced brings its enormous (if tarnished) prestige to his district and the promise of great wealth to an already wealthy faction in his district, that it is categorically exempt from state and federal environmental law and regulation. When obstacles to this legal theory developed, the Shrimp Slayer introduced legislation to change national environmental law to prove his point. His point, at this juncture, remains unproven. That’s a competent politician at work?

His contention that people are making a living off environmental suits is false, at least in his district. But it raises another question: How much money does Cardoza’s campaign receive from special interests destroying the environment, environmental law and regulation by lawsuit, legislation and intimidation?

He complained recently, allegedly on behalf of two irrigation districts in his district, about the “secrecy” surrounding the confidential negotiations in the 18-year-old lawsuit on the flow of water into the San Joaquin River below the Friant Dam. For the last 50 years, the Friant-Kern Canal has taken about 90 percent of the water creating a dead river from Fresno County to the Delta.

We notice on Cardoza’s campaign website that he is not being honored by these two irrigation districts. However, in mid-March, he will be “saluted” by Tom Birmingham, CEO of Westlands Water District, and two large, very rich Westlands’ customers, Mark Borba (cotton), and John Harris (beef, vegetables and racehorses). Westlands, under Birmingham the Litigator’s reign, is probably the most litigious water agency in the nation as well as being the largest. During the last round of negotiations on Friant, Westlands sued each party, has filed numerous suits since, and are backing the limitation of the definition of wetlands under the Clean Water Act being currently heard in the US Supreme Court.

Whenever Cardoza mentions “balance,” it is hypocrisy and corporate money talking. He thinks lawsuits are just dandy if they are on behalf of large special interests. If they are against the large special interests, the Shrimp Slayer considers them bad governing.

Was it good governing when, as chairman of the state Assembly Agriculture Committee, he sold out the Williamson Act to Merced County as “mitigation for UC Merced”? Was his Select Committee on Tire Fires good governing? The only justice the victims of the Filbin tire fire got was what they sued for. They didn’t get it from Cardoza.

Is it good governing to squat on the third floor of the Merced County Administration Building during the biggest building boom in county history carefully nurturing the development of UC Merced by circumventing the legal processes of land-use land, planning and environmental law and regulation. He started his career as one of the many Mr. UC Merceds in the state Legislature cooking up schemes to “fast track” UC – induced growth in the San Joaquin Valley.

But what’s interesting about the Shrimp Slayer’s Republican, conservative, corporate ass-kissing in a district that took home $335 million in farm subsidies and much more in water subsidies between 1995-2004, is how little there is to show for it. The Bush 2007 Farm Bill proposal will hurt cotton, dairy and rice as it stands.

Or is the Bush Farm Bill proposal merely a cynical, calculated shakedown of agriculture for political contributions? Will Blue Dogs hunkering under Massa’s table get some scraps?

Farming in the Valley is sick unto death. There is a frenzied sense in it now, a feeling that no amount of production can catch up with falling commodity prices and groundwater levels, and rising real estate prices. Today, it seems largely a corporate land deal with some meanwhile crops, trees, vines or cows. In the present economy of real estate speculation bubble and developer ownership of the state’s politicians, farming has lost its future, its creativity and its grip on reality. While the farmer can't plan, the developer plants.

Developers run the political economy of the state and they own the politicians as completely as the Railroad once owned them, before the Progressive Era. This financial domination of absolutely everything by the state’s top development corporations has created a situation in which a farmer can’t be a farmer or a politician a politician, a teacher a teacher, a doctor a doctor, even a newspaper reporter a reporter, and on and on – because “Development” won’t allow any professions or vocations to exist without its corrupting paws in their pockets or over their mouths. American government from city hall to Washington is in a coma. Business is about profit, loss and risk. It tries to maximize the former and eliminate the two other factors as best it can. Buying and destroying government regulation is a logical strategy. When political representatives will no longer protect the people and their natural resources against business, it’s time to find representatives who will.

Yes, you can blame politicians for being corrupt, venal and sycophants of power. You can blame them for selling out the general public, the Public Trust and the common good for a bone under the table. Their job is to defend the government so that it can defend the people against the periodic surges of corporate power that are well known features of capitalist economies and the periodic fantasies of world domination in our diseased dynastic political class. When politicians sell the government to the corporations and the autocrats, they sell their sworn duty, the honor of the office and the Constitution upon which we rest.

End interruption.

Bill Hatch
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2-26-06
Modesto Bee
Cardoza criticizes port deal, Bush Drug plan. But environmentalists take him to task at public forum...Roger W. Hoskins
http://www.modbee.com/local/story/11852249p-12584435c.html
Congressman Dennis Cardoza's traveling town meeting came to Modesto on Saturday and a round table of experts answered questions and offered a glimpse of the Central Valley's future...representatives from Caltrans, the state air quality board, Modesto Mayor Jim Ridenour, Great Valley Director Carol Whiteside, a farmland preservation advocate and a pharmacist. Stanley Gainer of Keyes...Why can't we ask questions?" "It's supposed to be a town hall meeting, not a town control meeting." ...environmentalists interrupted Cardoza as he explained why he was part of the move to modify the Endangered Species Act. "There are organizations that are being funded solely by the lawsuits they file under the act," Cardoza said. "Everybody is suing. That is not governing properly." Merced College professor Eric Caine was skeptical..."I don't think a reform bill led by Richard Pombo (R-Tracy) will take into consideration enough science,"... Jeanni Farri of the Farmland Working Group..."The valley is the eighth wonder of the world (with its farm production)," she said. "We dare not pave it over." Whiteside..."Affordable housing may come as close as there is to an insoluble problem"...growth in the valley also was linked to water quality...conserving potable water should be a valley priority.

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Merced County challenges legality of Ranchwood Home's Livingston sewer trunk line

Submitted: Feb 26, 2006

In the following letter, Merced County Counsel Ruben E. Castillo provides City of Livingston Attorney Thomas Hallinan, Jr. thoughtful instruction on the various laws the city may have broken in approving Ranchwood Home's construction of a sewer trunk pipeline from the city waste water treatment plant in a southerly direction on county land through Gallo and other ranches across several county roads and an irrigation canal toward a 300-acre Ranchwood Homes development in a "conceptual" stage of planning.

From:
Merced County
Ruben E. Castillo
County Counsel

February 16, 2006

Thomas Hallinan, Jr., City Attorney
City of Livingston
Post Office Box 486
Oakdale, CA 95361
Fax: (209) 847-5515

Re: Sewer Line Trunk Extension

Dear Mr. Hallinan:

I hope you are well. I am taking the opportunity to write to you about a sewer line extension to a proposed future residential development. The extension was approved by the City of Livingston. Unfortunately, there were a number of deficiencies in the City’s approval, and I wanted to alert you to them as one public agency attorney to another.

As I understand the facts, Ranchwood Homes (“Ranchwood”) is extending a 42” pipeline from the waste water treatment facility in the City to the site of Ranchwood’s proposed future residential development. I also understand that Ranchwood is in the conceptual design phase for the development of a residential housing project located in the unincorporated area of the County, partially within and partially outside of the Sphere of Influence of the City. In order to provide future sewer service for the proposed Ranchwood development project, Ranchwood entered into an agreement with the City to design, construct, and dedicate a sewer trunk line from the City’s waste water treatment plant to the proposed project site. This agreement reflects a finding by the City that the project was categorically exempt from CEQA. The agreement was unanimously approved by the City Council on December 21, 2004, but a Notice of Exemption was apparently never filed.

As approved by the City, the project called for the construction of 5,115 lineal feet of trunk sewer line by Ranchwood. The new sewer line would be installed “between the intersection of Gallo Drive/Vinewood Drive easterly and southerly to Peach Avenue. However, as approved, the “entire length of sewer trunk line is outside the City limit line and Sphere of Influence.” The sewer line is “designed to convey future urban sanitary sewer flows from the City to the existing Wastewater Treatment Plant site.” However, “no part of this in-ground project will be connected to the City sewer system until future mixed-use development occurs.” [December 21, 2004, City Staff Report re: Ranchwood Sewer Trunk Line, emphasis added.]

Following approval by the City, Ranchwood acquired easements from private property owners and the County department of public works. The project proceeded and a “dry” sewer trunk line was installed all the way from the waste water treatment plant to just short of Magnolia. At the request of the County, further installation has been stopped, subject to an encroachment permit from the County and compliance with all applicable laws.

Given these facts, I thought it important to share with you our legal view concerning the project. It is the County’s reasoned opinion that the approval of this project by the City does not comport with the City’s jurisdictional authority. Furthermore, it appears to run afoul of the Cortese-Knox Local Government Reorganization Act, the California Environmental Quality Act, and general land use and planning law. As County Counsel, I respectfully request that the City take every action to bring its approval of this project into compliance with these laws, including all appropriate environmental analysis, and I further request that the City communicate with and cooperate with the County to make certain this project is carried out in conformance with the law and the jurisdictional authority of each respective public agency.

1. The City had no Power to Approve a Project Outside its Territorial Limits.

As you know, the California Constitution at Article XI, section 7, confers on a city the power to “make and enforce within its limits all local, police, sanitary and other ordinances and regulations not in conflict with general laws.” Thus, “[u]nder the police power granted by the Constitution, counties and cities have plenary authority to govern, subject only to the limitation that they exercise this power within their territorial limits and subordinate to state law. (Cal. Const., art. XI, Section 7.) Apart from this limitation, the ‘police power [of a county or city] under this provision . . . is as broad as the police power exercisable by the Legislature itself.’ Birkenfeld v. City of Berkeley (1976) 17 Ca. 3d 129, 140 [130 Cal. Rptr. 465, 550 P.2d 1001].” (Candid Enterprises, Inc. v. Grossmont Union High School Dist. (1942) 50 Cal App 2d 374, 122 P2d 965.)

A municipal corporation has generally no extraterritorial powers of regulation. It may not exercise its governmental functions beyond its corporate boundaries. (Von Schmidt v. Widber (1894) 105 Cal 151, 38 P 682; Mulville v. San Diego (1920) 183 Cal 734, 192 P 702; Oakland v. Brock (1937) 8 Cal 2d 639, 67 P2s 344.) The Constitution delegates directly to inferior governmental agencies the police power in their respective localities, provided only that its exercise by any city must be confined to such city. (People v. Taylor (1938) 33 Cal App 2d Supp 760.) A municipal ordinance can have no extraterritorial force unless by express permission of the sovereign power. (Ferran v. Palo Alto (1942) 50 Cal App 2d 374, 122 P2d 965.)

It is only when annexation occurs that the police power transfers from the County to the City. Police power has been given a county and a city, respectively, for exercise only “within its limits” and when land in suit was annexed to city it left territorial jurisdiction of county, ceased to be “within its limits,” and hence was no longer subject to provisions of county zoning ordinance classifying land as residential and limited to single family dwellings. (South San Francisco v. Berry (1953) 120 Cal App 2d 252, 260 P2d 1045.)

2. The Out-of-Boundary Extension of Service Requires Approval by LAFCO.

This sewer line extension should have been approved by LAFCO. As you know, a city that wishes to extend sewer service outside of its jurisdictional boundaries must go to LAFCO;

(a) A city or district may provide new or extended services by contract or agreement outside its jurisdictional boundaries only if it first requests and receives written approval from the commission in the affected county.
(b) The commission may authorize a city or district to provide new or extended services outside its jurisdictional boundaries but within its sphere of influence in anticipation of a later change of organization.
(c) The commission may authorize a city or district to provide new or extended services outside its jurisdictional boundaries and outside its sphere of influence to respond to an existing or impending threat to the public health or safety of the residents of the affected territory if … [certain requirements are met].

(Cal. Gov. Code Section 56133.)

Since the sewer is intended to serve a 300-acre parcel outside the City, it implicates LAFCO’s jurisdiction over an “out of boundary” service extension. (See Ceres v. Modesto (1969) 274 Cal. App. 2d 545.)

3. The California Environmental Quality Act.

In December of 2004, the City made a determination that the sewer line
project was categorically exempt from CEQA. Of course, we do not believe the City ever had jurisdiction to make a valid CEQA determination for land uses on land that is not within its territorial limits.

Nevertheless, the City may have incorrectly applied a statutory exemption, instead of a categorical exemption, to find the project exempt from environmental review. In the review and approval of December 21, 2004, the City stet (sic) on Section 21080.21 of the Public Resources Code to find the project exempt. Section 21080.21 provides:

“This division does not apply to any project of less than one mile in length within a public street or highway or any other public right-of-way for the installation of a new pipeline or the maintenance, repair, restoration, reconditioning, relocation, replacement, removal, or demolition of an existing pipeline. For purposes of this section, “pipeline” includes subsurface facilities but does not include any surface facilities related to the operation of the underground facility.”

Reliance on this section may be misplaced. The total sewer line project greatly exceeds one mile in length. Thus, even though the project – as approved – appears to fit the statute, as the length of the first phase of pipeline installation is 5115 feet, this run afoul of a principle of CEQA that one cannot “piecemeal” a project in order to avoid the applicability of CEQA. (Association for a Cleaner Env’t v. Yosemite Community College Dist. (2004) 116 Cal.App.4th 629, 638. A lead agency may not split a single large project into small pieces in order to avoid environmental review of the entire project. Orinda Ass’n v. Board of Supervisors (1986) 182 Cal. App. 3d 1145, 1171.

In the most far-reaching decision on the issue of “piecemealing” development projects, the San Joaquin Raptor/Wildlife Rescue Center successfully set aside an EIR for a housing project in Stanislaus County, based on the failure of the project to include construction of sewer lines and construction of a wastewater treatment plant to serve the project. (San Joaquin Raptor/Wildlife Rescue Ctr. V. County of Stanislaus (1994) 267 Cal. App. 4th 713.) In that case the court relied on 14 Cal. Code Regs. Section 15378 (a) which defines the term “project” as “the whole of an action, which has the potential for resulting in a physical change in the environment, directly or ultimately.” Because the sewer expansion had been proposed to serve a housing project, and the housing project could not proceed without an expansion of sewer service, the court concluded that the expansion was an integral component of the housing project.

Second, the pipeline is not located within a public right-of-way. Instead it is located on private property, from which the City got a number of public easement dedications. The acquisition of easements after approval of the proposed project is not in keeping with the claimed exemption.

In addition, the City did not notify the County of its determination as a responsible agency. CEQA sets a standard of communication and cooperation among responsible government agencies with respect to projects.

Lastly, the City did not file a “notice of Exemption” for the pipeline project. (Pub. Res. Code Section 21108.) Although the filing of such a notice is not required by CEQA, it is the standard practice for California government agencies to do so.

According to PMC, consultant to the City, an EIR is being prepared for the City’s sewer and water master plan and this “project” is probably a part of that master plan. WE are concerned that a project has already been approved and constructed that is (or should be) a part of the larger master planning effort that is currently undergoing environmental review.

4. Livingston’s Actions May Have Violated Government Code section 65402.

Section 65402 (b) of the California Government Code states:

“[A] city shall not acquire real property for any of the purposes specified in paragraph (a), nor dispose of any real property, nor construct or authorize a public building or structure, in another city or in unincorporated territory, if such other city or the county in which such unincorporated territory is situated has adopted a general plan or part thereof and such general plan or part thereof is applicable thereto, until the location, purpose and extent of such acquisition, disposition, or such public building or structure have been submitted to and reported upon by the planning agency having jurisdiction, as to conformity with said adopted general plan or part thereof.”

Thus, the City may not authorize a project within the County until the County has determined its consistency with the County’s general plan. If found to be inconsistent, the city council must vote to overrule it. The County was neither consulted nor has the City taken action to overrule the County general plan on the truck line extension.

CONCLUSION

As you can see from the above, the approval of this project by the City is questionable. The project failed to comport with the City’s jurisdictional authority, the Cortese-Know Local Government Reorganization Act, the California Environmental Quality Act, and general land use and planning law.

Your help is sought so that the City may take every lawful action to bring its approval of this project into compliance with these laws, including all appropriate environmental analysis. I also request that the City communicate with and cooperate with the County to make certain this project is carried out in conformance with the law.

It is important that the County and the several cities maintain a cooperative and positive working relationship. It is in that spirit that this letter is provided to you. I hope to hear from you soon.

Highest regards,

RUBEN E. CASTILLO
MERCED COUNTY COUNSEL

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Re: The Ranchwood pipeline from the Livingston Wastewater Treatment Plant into land under Merced County jurisdiction

Submitted: Feb 21, 2006

From:

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

Steve Burke
Protect Our Water
3105 Yorkshire Lane
Modesto CA 95350
Sburke5@sbcglobal.net
(209) 523-1391 phone & fax

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

To:

Merced County Board of Supervisors

Dee Tatum
Chief Administrative Officer ceo@data.co.merced.ca.us

Robert Lewis
Director of Planning and Economic Development rlewis@co.merced.ca.us

Ruben Castillo
County Counsel
c/o Merced Co. Board of Supervisors dist1@co.merced.ca.us etc.
Merced County
2222 M St.
Merced CA 95340

Re: The Ranchwood pipeline from the Livingston Wastewater Treatment Plant into land under Merced County jurisdiction

Sent via email

Date: Feb. 21, 2006

Dear Sirs and Mesdames:

At 5:30 p.m., Feb. 21, Ranchwood was still working on the pipeline from the Livingston Wastewater Treatment Plant that goes south from Vinewood Road beyond Magnolia Road, apparently without any county permits or environmental review. Both the County and Livingston were notified of complaints on Feb. 6. There is no evidence of any code enforcement.

Is the County unable to enforce the numerous ordinances, policies and laws that this illegal project violates, or it is unwilling? We sincerely hope that this project is not what it looks, walks and quacks like: collusion between the County, Livingston, developers and landowners to circumvent environmental regulatory compliance.

We request a meeting with County Chief Administrative Officer Dee Tatum and department heads on this project. We understand all too well that this is the way Ranchwood does business.

We request that the County inspect the project, stop the project and/or fine the developer for proceeding with illegal construction. This is not a mere 42-inch “dry, private” pipeline trench. As you can see by the attached photos (sent under separate cover) we took Feb. 20, the trench for this pipe, which Mr. Lewis was 42 inches, the impacts are broad, to both the environment and to the public. This project crosses several paved county roads; one unpaved county road and an MID canal. There is inadequate posting for public safety as our pictures show; there is wear and tear on the county roads from heavy equipment; and the developers are storing building materials and spoils on the shoulders of county roads.

We estimate that the mounds of dirt on either side of this trench are between 10-15 feet high. Having found numerous paint balls at the foot of these mounds, it’s clear that the public is using these mounds for recreation. Given the instability of this loose, sandy dirt, this is an attractive nuisance of public health and safety concern. Who is liable in case of injury arising from this attractive nuisance? In the attached photos you will see, an ATV driven by teenager, carrying an adult with a young child in his arms.

We realize that Ranchwood is working at breakneck speed to finish. This illegal project must have the County in a desperate situation. To stop now would compromise the County and the City of Livingston. However, there are legal consequences for not stopping it. At this point, indemnification would be entirely inappropriate.

The most obvious effect from the project from a field inspection, is the cumulative impacts from residential development tying into this main sewer line from Joseph Gallo land adjoining the WWTP to Magnolia Road. This requires full review under the California Environmental Quality Act before – not after – construction of the sewer main.

There is an uncalculated amount of agricultural land being -- and to be -- converted to real estate development, enabled by this sewer line. This requires full CEQA review and review under the Agricultural Preserve policy of the county.

At least six wells and four 1-million gallon water tanks are proposed to provide drinking water for residential development. The impact of these new wells on the groundwater level and farmers’ wells has not even been mentioned, let alone considered. Assurances of surface water from Merced Irrigation District are – as everyone knows – useless during a drought.

Ranchwood bought an almond orchard on Robin Road facing Consolidated Farms (see photos). Ranchwood is removing orchards to create a super shoulder on Magnolia for the movement of heavy equipment and construction-material storage. It is now storing sewer pipe on this ranch, called “Hostetler Ranch, Almond Orchard, L3.” The orchard appears to have been called “Merced-Lincoln” before Ranchwood bought it.

The public would also like to know by what arrangement Ranchwood is storing heavy equipment in the Livingston Corporation Yard on Vinewood Road beside the city wastewater treatment plant.

As the County approaches its general plan-update, we urge it, incorporated cities and unincorporated towns with community plans to coordinate the planning process. The update period provides an opportunity for this sensible approach to long-term county planning and it should not be missed. Until the new county General Plan and coordinated general plans of smaller jurisdictions are completed and integrated into a coherent land-use planning policy, we call for a moratorium on any new permits for residential development.

We made a Public Records Request under state Government Code 6250 et seq. in our Feb.6, 2006 letter for all documents associated with this alleged “private pipeline” project that have been generated up to the time that the agencies should comply with the request. They have not yet complied. We would like to review these records at a time and place to be arranged, prior to any copying taking place. As provided by the Public Records Act, you have ten days to determine whether you have records subject to the Act. We look forward to hearing from you regarding this arrangement. If you have any questions or concerns, please contact us. Thank you for your time and courtesy.

We are attaching (under separate cover) the first set of photos of the project, bounded by Vinewood, Magnolia, and Robin and Washington roads, taken on Feb. 20, 2006. Two more sets of photos will follow. For reference, we are also attaching our letter of Feb. 6, 2006 (under separate cover).

cc:

Brandon Friesen, Mayor/Municipal Officer, City of Livingston Bfriesen@livingstoncity.com

John LeVan, Merced Co. LAFCO jlevan@co.merced.ca.us

Badlandsjournal.com

Interested parties

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Central Valley Food and Farmland Coalition calls for moratorium on Merced County growth until a new General Plan is completed

Submitted: Feb 17, 2006

February 13, 2006

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

Honorable Chair Nelson and Members Crookham, Kelsey, O'Banion and Pedrozo,

I am writing on behalf of the Central Valley Food and Farmland Coalition to express our concerns of the commulative effect of the rapid growth in Merced County. We urge you to state a moratorium on all General Plan amendment applications and conduct a study of our water resources before any amendment applications are accepted.

As American Farm Land Trust director, Ed Thompson, commented about two frogs: one frog was put into hot water: he immediately jumped out; another was put into cold water which was gradually warmed up and he died. Our land is gradually being covered up with houses. We can see what happened in Santa Clara and Los Angeles Counties. Do we really want our county to go the same way?

Please consider a moratorium on all General Plan amendment applications until a General Plan has been created and a thorough study of our water resource has been completed.

Sincerely,

Jean Okuye

Central Valley Food and Farmland Coalition

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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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