Growth

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.”
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(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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Coalition Statement on Merced County Planning Process

Submitted: Feb 14, 2006

Coalition Statement on Merced County Planning Process

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

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

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

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

Adopted 2006

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

CENTRAL VALLEY SAFE ENVIRONMENT NETWORK

MISSION STATEMENT

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

P.O. Box 64, Merced, CA 95341

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Jack-hammering the Castle wall, II

Submitted: Feb 13, 2006

ORDINANCE ESTABLISHING CASTLE REDEVELOPMENT AGENCY

Bryant Owens
2683 South Plainsburg Road
Merced CA 95340-9550 (209) 769-0832

Monday, February 13, 2006

To:

Merced County Board of Supervisors
2222 M Street
Merced CA 95340 ` Via fax (209) 726-7977

And via email: dist 1-5 @ co.merced.ca.us etc.

RE: Request for continuance of these items to a later public hearing.

RE: Public Hearing Feb 14, 2006 et seq/ Establishment of an Ordinance of the County of Merced Establishing Agency and adopting Redevelopment Plan for the
Castle Airport Aviation and Development Center Redevelopment Project

RE: CEQA required notice of public hearing

RE: Feb 10 non-responsive written answers by county counsel to written public comments submitted 1-23-06.

RE: Establishing common definitions for “REDEVELOPMENT”, “BLIGHT”, and “INDEMNIFICATION”.

Ladies and Gentlemen:

We are in receipt of written responses to 27 comments (as enumerated by county counsel) derived from our previous letter to the board regarding this agenda item. According to the final paragraph of the document sent to us, the answers to the specific comments are to be presented to you at the Board meeting of Feb 14th 2006. It should be noted for the record that these comments were received under protest by staff that this was ‘last minute’ and were somehow not meritorious because of timing.

While we appreciate that the county has responded at all to public comments, we note that this response letter was mailed Friday Feb 10th 2006 prior to a holiday weekend immediately preceding the next scheduled board of supervisors meeting.

In light of the county’s decision to respond at the last minute, and then to entertain these items on Tuesday Feb.14th, 2006 we respectfully note that the county’s previous angst over the public’s insistence on its ability to participate in a ‘public process’ seems both hollow and contrived.

In anticipation of similar calumny being offered to the press regarding the public’s purported ‘tactics’ in overseeing the County Administration, we ask an impartial audience to suppose how the public could possibly process and respond any faster regarding our concerns over the propriety of the county proceeding with this process.

The county must not distinguish between the concerns of the public who pay their salary through taxes and concerns of financially invested developers who can afford to pay the county to look the other way. This sort of cherry picking with regard to official responses by the county, to legitimate concerns of the public regarding expenditures coming from the county purse cannot be condoned any longer. There must not be a double standard in the ‘public process’ whether or not such concerns are over potential environmental impacts or gross fiscal mismanagement and misappropriation of public funds.

We are therefor submitting this request (to continue the above items to a later meeting) by fax on an official holiday, during which the county is officially closed and as soon as was possible to do so! To clarify further, we make this request in order to give the public the necessary time to assess the county’s reply and because we were not given the courtesy of receiving a copy of the staff’s report to the board on this matter. There simply has not been any time allocated to make any further refinements to our previous comments in light of those responses from the county.

Addressing failed communications between the supervisors and the county staff is of equal importance to us as members of the public, as the substance of the offered comments, and the putative responses thereto. There must be sufficient time and proper notification by the County, of the board’s intended actions (beyond the merely administrative functions of the county) in order properly to address those issues.

No effort was made to disabuse the media of its previous misperception of the ‘public process’ regarding this proposed ordinance however, the county is once again abusing the public’s right to participate in this process by failing to give timely notice in the legally prescribed manner that they intend to adopt an ordinance with a CEQA component.

While it was gratifying, while reading through the responses to our comments, to see evidence that at least one other official of the county had actually read through the Report to the Board of Supervisors (the report which prompted these referenced comments in the first place) there remains a chasm of misunderstanding between the contextual setting of the proffered comments, and the textual references regurgitated from the same report as putative ‘answers’ to those referenced comments.

County counsel has, in most instances therein, merely restated the authorities under which the board had originally intended to adopt the ordinance, cited above, establishing the existence of a Redevelopment Agency, et cetera, for the Plan area.

These authorities were not questioned in our previous comment! Simply restating that the supervisors have a certain legal authority to follow a particular path from A to B does not in and of itself give the public any more information on which to determine, decide or intelligently debate whether or not taking such a path is in the best interests of the county purse. As for establishing common definitions of words and phrases, the term ‘public hearing’ carries with it implicit expectations by the public to which the counselor’s ear seems particularly deaf. We fully intend to further address the counselor’s responses to our comments in later correspondence; hence the need for continuing this item clearly exists.

What is clear from the county counsel’s responses is that “staff”, on whom the board relies for decisions such as this, would readily recommend applying for grant money to teach pigs how to sing, if it in any way secured yet another government subsidy. (Although such a subsidy might even be appropriate given the ‘historic’ agricultural basis of Merced County’s economy, it is offered as a preposterous and profligate example of administrative behavior, unacceptable to the public who has elected this particular administrative body!)

The concerns raised by these commentators are meant to address the disturbing trend in Merced County Administration towards blatant and uncritical adoption of what is becoming widely knows as “Win-win Public/Private Partnerships”! This sort of welfare entitlement mentality on the Administrative level is fraught with opportunity to misappropriate and misspend staggering amounts of public funding with little chance of public oversight because of flaws in the process by which such funds are encumbered and subsequently accounted for.

A very pertinent case in point is the very concept of delaying the CEQA review process of this project by 18 months. The authority to make this determination was not questioned by these commentators however the needs analysis process (listed merely as findings) that gives such a decision, by the supervisors, the pretended urgency that has been described in the previous board agenda item paperwork, remains in and of itself opaque to the public.

Such a decision to delay CEQA review of a project must also be subject to proper notification and public hearing; this has not been properly documented. We therefore must respectfully request that you defer any further consideration of the proposed Ordinance until such time as the needs of the citizens of the County are clearly enumerated and whether such a proposed delay of the environmental review process is necessary or pertinent in light of the county’s citizens’ needs!

(At the very least, the public needs must be distinguished from the supposed needs of the board of supervisors and those sycophantic parties whose job security depends on guiding the supervisors down this particular path, whether or not such activity is technically legal according to the federal guidelines cited in county counsel’s reply).

With regard to the Environmental Impact Statement adopted by the County of Merced in 1996 in response to the closure of Castle AFB, we find that the context of the project both at the proposed site, and in the surrounding areas have changed substantially and significantly and that such changes have rendered such document unsuitable as an analytic tool from which to tier subsequent environmental review, especially environmental review of ‘projects’ under California Law (CEQA).

There seems to be some confusion in the county’s mind that it is appropriate to tier supplemental CEQA environmental review off of a 10-year-old document prepared under federal guidelines (NEPA). While the concept underlying such environmental review is common to both processes, the federal and state review processes are not interchangeable. Of course counsel knows this but perhaps the subtlety of comparing apples with oranges escaped the board’s notice somewhere in the sheer volume of the county counsel’s reply to these public comments.

The county should be properly chastened for allowing the city of Atwater to suck the marrow from Castle AFB’s rotting bones, prior to the dissolution of the joint powers authority which exercised land use authority when that city was busily retooling its housing market and the overall marketability of the intervening residentially developable land formerly identifiable as housing for Castle AFB staff and families.

It would seem that the city most ‘blighted’ by the closing of Castle has already rebounded with a will, approved annexed and developed abundant upscale housing, and has successfully attracted a major supply of ‘guest residents’ who appear for the most part to be employed outside of Merced County.

Now the county wants to do something about attracting industry to this empty shell left behind by the USAF, and the illuminati of Atwater’s land use authorities. Without putting too fine a point on the situation, the horse is already out of the barn. The Redevelopment funding the county is seeking to attract is being pursued under the basest of intention. To put it more clearly, the county is seeking government pork to dole out to specific non-profit corporations and private entrepreneurs of their own choosing. There are neither readily available raw material nor suitable workforce to make such redevelopment economically feasible.

There would not necessarily be anything wrong with trying to alleviate blight in Merced County, however, the various cooperating/participating agencies whose funding would flow into Merced County through the proposed ‘blight alleviation’ have widely divergent definitions as to what constitutes ‘blight’.

In the case of Castle AFB Redevelopment Plan, it is not at all clear to the public when analyzing the Kayser Marsten report to the Board, that efforts undertaken with the state’s money will ever provide any suitable return on such investment, or that any such return would even remotely resemble the benefits envisioned in the State’s Redevelopment Act law.

Conclusions presented in counsel’s response to our comments, and in previous staff reports to the board of supervisors present as bare fact that redevelopment will alleviate blight, and if saying so made it true we would have no grounds for concern. Admittedly this ‘Plan’ contains a laundry list of proposed projects for which the anticipated redevelopment money will certainly provide some benefits, but the beneficiaries, seem to be corporate entities, rather than natural persons inhabiting Merced County.

There is no evidence that this redevelopment is part of an overarching plan that will provide any long-term financial stability for the county of Merced on the order of the former USAFB. All of the component parts of this plan seem to be perfectly portable as individual business entities, and therefore do not represent a prudent investment of state funds in this county’s hands.

Given the county’s extensive history of turning a blind eye to discrepancy between the intent of government funding streams and their ultimate expenditures in Merced County, the public remains unconvinced that this project is in the best interests of the county in General. There is no question that some entrepreneurs may benefit from the expense of public monies to upgrade the existing infrastructure at the former Castle AFB, but that still doesn’t establish that ‘blight conditions have been alleviated.

County counsel’s responses to comments number 3 and 7 are illustrative of the administrative schizophrenia evident in allowing the board of supervisors to designate themselves as a Redevelopment Agency for a particular set of parcels of unincorporated Merced County. In response to comment 3, counsel establishes that the purpose of redevelopment is to redevelop the project area, not to cause a general benefit to the County at large. And in reply to comment 7, that, ‘there is no mechanism nor is it the goal to proportionally [sic] distribute the benefits of redevelopment throughout the County”.

This is an amazing admission with regard to the public’s expectations regarding the role of the persons elected to supervise the county! Given that this same administrative body (in establishing a massive Williamson Act Preserve in 2000 essentially coterminous with virtually all unincorporated land within Merced County) adopted and embraced the State Legislature’s findings that farmland was vitally important to the people of California, it could be fairly argued that the ‘redevelopment’ goals in any portion of that preserve are in fact counter productive an ‘blighting’ of the agricultural value of the land so designated.

This is merely one example from a plethora of conflicting goals and policies of the County of Merced that tend to demonstrate how fundamentally flawed and out of date, the county’s general plan really is. Making decisions as to the relative value of disparate programs with conflicting goals and implementing measures is impossible and in many cases clearly illegal. Without having an internally consistent and current General Plan in place, this decision concerning the Castle Redevelopment Plan is entirely suspect.

Counsels claim that the county intends to continue to administer economic development and other housing programs countywide utilizing HUD funds, Enterprise Zoning, Community Development Block Grant funding, and other funding sources and incentives as available and applicable presupposes a continued lack of public oversight of the administration of such programs in this County. It would be unwise to assume that the public will remain inattentive to the previous abuses of these funding sources.

The ‘moral turpitude’ of the previous District 1 Supervisor, Gloria Keene, is now a matter of public record with regard to filing of fraudulent claims. Other abuses of civil and administrative process are still under the purview of the courts, both State and Federal. The county of Merced’s involvement with the private non-profit Planada Community Development Corporation is of particular concern to the public insofar as the interaction between public and private entities in that unincorporated portion of Merced County, which were facilitated through the District 1 supervisor have blurred the distinctions and responsibilities of what should be clearly separable land use authorities and financial interests, in this County.

Not to seem flippant about this penchant of the board of supervisors for wearing a multiplicity of hats simultaneously, it should be pointed out that haberdashery often produced dementia and insanity in those practicing such a trade, hence the term “ mad as a hatter”. This situation was a direct result of failing to mitigate for the significant environmental impacts (chemical exposure) implicit in the process of molding felt into various shapes. In a similar fashion, there will be economic consequences down the road for misappropriation and incompetent accounting of government subsidies already encumbered by Merced County, and disproportionate scrutiny of any future funding requests if the county (or Agency) as described in response to comment No. 12, fails to maintain an ‘excellent’ rating with regard to the issuance of bonds, etc.

The response to Comment No. 12 concludes thusly, “The purpose of the Foreign Trade Zone and AN objective of the Redevelopment Plan are to attract businesses to an area and create additional jobs”. Once again, these commentators must point out the conflicting nature of the goals and implementation measures inherent in ‘being’ an agriculturally based economy, struggling to artificially force the creation of ‘additional jobs’ with no underlying source of raw material or labor force. The county’s goals and policies are clearly at odds with the realities of the situation ‘on the ground’ in Merced County, and a fundamental shift away from an agricultural based economy must be subject to intense and competent public discussion and yes, even debate.

The board has a demonstrable history of proceeding on a course of action in spite of public opposition to the decision. This calls into question the practice of allowing parties with vested financial interest to proceed with plans or ‘projects’ clearly beneficial to the project proponent to ‘indemnify’ the county from the legal recourse available to Merced County’s citizens. This concept of ‘paying to play’ is neither new nor subtle; it is merely abusive of the entire concept of public review and oversight of elected administrative officials.

To conclude: The board is faced once again with a list of possible action items.

· Uncertainty remains with regard to the official definition of the words ‘blight’, redevelopment, and indemnification.

· There has been inadequate response to the public comments on the Castle Redevelopment Plan Ordinance, and

· The public has no confidence with regard to the staff’s recommendations regarding the process of amending the county general plan.

The public has a right and expectation of full disclosure with regard to the disposition of public funds. Inherent in the process of such disclosure is the entire concept of a ‘public process’. There remains much to be considered before the board can competently render a fully informed decision with regard to the above referenced items.

We respectfully request that the ‘public process’ be more complete and certainly more transparent before the board takes any further action on these items.

Sincerely,

Bryant Owens,

Planada Community Development Corporation
2683 South Plainsburg Road
Merced, CA 95340-9550
(209) 769-0832

Cc:

San Joaquin Raptor/Wildlife Rescue Center- Lydia M. Miller, President

Protect Our Water- Steve Burke

The Planada Association

Badlandsjournal.com – Bill Hatch, Editor

Other interested parties

| »

Friends of Denny

Submitted: Feb 11, 2006

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

McCloskey for Congress
February 6, 2006
For Immediate Release

"FOLLOW THE MONEY"

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

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

He challenged Pombo to respond to the following facts:

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

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

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

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

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

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

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

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

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

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

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

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

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

McCloskey said.

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

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

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

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

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

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

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

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

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

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

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

Pombo introduces rewrite of Endangered Species Act

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

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

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

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

http://www.ucinthevalley.org/articles/2002/jan25art1.htm

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

…In addition, UC has placed one of Greenwood's underlings, Winston Doby, on paid leave while it investigates whether he did anything improper to help Greenwood's 43-year-old son, James Greenwood, win a paid internship at UC Merced.
----------------------------------------------

PERSONAL PERSPECTIVE
Lessons not learned at UC
Louis Freedberg
http://sfgate.com/cgi-bin/article.cgi?f=/c/a/2005/11/23/EDGVPFS9FO1.DTL
Wednesday, November 23, 2005

WILL THEY ever learn?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

UC Merced introduces foundation board of trustees

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

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

| »

Ranchwood in the news

Submitted: Feb 08, 2006
    2006

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

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

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

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

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

    2005

11-16-05
Merced Sun-Star

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

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

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

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

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

    2004

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

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

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

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

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

2-3-04 MERCED COUNTY BOARD OF SUPERVISORS AGENDA

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

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

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

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

    2003

12-23-03 Merced County Board of Supervisors agenda

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

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California house products sold like last year's cars

Submitted: Feb 08, 2006

Taking an advertising tip from the nation's failing auto industry, which just laid off another 60,000 workers, this Sacramento-area home builder is running a house-product sale reminiscent of a year-end car sale or the weekend radio ads for Okie Paul and Mary's furniture sales fifty years ago in Sacramento. Only the numbers appear to be bigger.

Best news of all -- this fine, genuine, California-built developer culture has come right here in Merced, too. Ain't we big now! Ain't we got klass?

There's some differences and similarities between subdivisions and car lots that might be worth thinking about. When you finish building and selling your house products on your subdivision, you get another lot and do it again. When the car dealer finishes selling last year's models, he gets next year's models on the same lot. It's subtle, but it's there.

But your car lot and your subdivision work together because your new residents bring and buy cars.

But this gets into your air, your water, your traffic and your public health and safety problems -- not to mention what you're doing to the wildlife -- which are all way too subtle thoughts for your genuine California developer culture. Your genuine California developer culture keeps it real simple: it's all about their profits.

SAVE $50,000 TO $150,000 BETWEEN 10 A.M. AND 10 P.M. FEBRUARY 11

Turn off the tube. Drop the rake. This Saturday is your chance to buy a Centex Home in almost any Centex Sacramento area neighborhood and save $50,000 to $150,000 on selected homes. New construction or one of our ready-to-move-in homes, it doesn't matter. Next Saturday's the day. 10 a.m. ‘til 10 p.m. is the time. Every sales office will be open in each of our participating neighborhoods.Visit www.12HourSacramentoHomeSale.com for locations. So why not let the leaves blow into the neighbor's yard? You're gonna be moving anyway.

ELK GROVE When it comes to inviting new home designs combined with exceptional neighborhoods, Centex Homes leads the way in Elk Grove. We now have two new neighborhoods in the region – each offering the quality, value and architectural flair that have made Centex a true favorite throughout the region.

SERRANO - EL DORADO HILLS With the Sierra Mountains in the background and city lights below, it's no wonder Serrano is one of the region's most sought after neighborhood settings. Our new LaCima neighborhood sits high atop Serrano and encompasses every aspect of the community's natural beauty. And you'll see that our inside spaces are just as stunning as the outside.

LINCOLN Lincoln is a shining example of why South Placer County is the fastest growing area in the entire region. And whether you're a first time buyer or looking for your million dollar dream home, you'll find that no one offers more choice in Lincoln than Centex. Come choose your favorite new home from over 30 individual plans at 9 new Centex neighborhoods.

WHITNEY RANCH - ROCKLIN Every now and then a community comes along that changes everything. Whitney Ranch in the Rocklin foothills “is” such a place. What's more, it's home to Black Oak – our newest premier neighborhood of custom-caliber luxury homes. There's never been a better place to reward your success.

The Sacramento Bee

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Canada buys a brace of local legislators

Submitted: Feb 08, 2006

Toronto-based Brookfield Land Co., with offices in Roseville, honored state Sen. Jeff Denham, Dolt-Salinas, and Assemblywoman Barbara Matthews, Shill-Tracy, at a developer fete in Sacramento last night. The Canadian developers plan to build 13,000 houses between Merced and Atwater in the near future.

Booze, finger-food and campaign contributions were served.

Was Brookfield's local fixer, Cameron Doyel, authorized to offer the Dolt and the Shill emigration papers after their terms expire and Valley air quality reaches a level unhealthful for retired developer representatives in the former state Legislature?

http://www.mercedsunstar.com/local/story/11777657p-12497098c.html

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