Global Warming

Grassrooters' factual flyer on the racetrack

Submitted: Dec 11, 2006

THE OPPONENTS OF RMP WANT YOU TO KNOW:
The attitude of Riverside Motorsports Park and Merced County government toward your environment, health and public safety is: Gentlemen, start your engines, put your pedal to the metal and pass every law and regulation protecting public health and safety on the right as fast as you can.

RMP Chief John Condren claims he’s got your elected officials in his pocket.

Although it’s too early to start planning a ground-breaking party, we can report that RMP has won the support of 4 of the 5 members of the Merced County Board of Supervisors … and we may succeed in securing the unanimous support of the Board once the EIR is released. In addition, RMP has secured the approval and support of State Senator Jeff Denham, US Congressman Dennis Cardoza, 5 Chambers of Commerce within Merced County, the City Councils of Atwater and Merced, and RMP has the support of the California Builders Industry Association. Added to this list are over 1,500 local Merced County citizens who have signed to be on our project update mailing/e-mail list.

--Riverside Motorsports Park, 1 January 2005 “To all our valued investors and supporters, Happy New Year!”

A quorum of supervisors should be disqualified from voting on this project at all, when a developer is bragging that loudly about how he owns them. To begin with, Jerry O’Banion and Kathleen Crookham. O’Banion is widely known as having steered the project from the west side to its present location. Crookham gave a promotional talk on the RMP project before the Clipper Club at Central Presbyterian Church. Their involvement with the project ought to disqualify them from voting on it.

In a January 1, 2005 letter to RMP investors, Condren claimed:
· The traffic plan for the project was complete; NOT TRUE
· Zoning restrictions pertaining to noise impacts have been amended such that unlimited Motorsports activities
may occur without additional restrictions; NOT TRUE
· The RMP Master plan is approved; NOT TRUE
· RMP event schedule will include all the largest names in motorsports. NOT TRUE

Two years later, there is no traffic plan; the EIR simply states that the noise level from auto racing is a “significant, unavoidable impact” to be overridden by a vote of the supervisors; the RMP master plan is only a draft that will be rewritten after – not before – the supervisors approve the project; while RMP tells its investors it will draw all the big names in auto racing (and hundreds of thousands of spectators), it tells the locals the eight tracks in the project will be almost exclusively for local car clubs, drawing only a few thousand spectators.

The Big Consultants Shuffle. The County recommended a firm it has done a great deal of work with, including the lion’s share of planning for UC Merced. It couldn’t come up with a traffic plan, so RMP replaced them with another firm willing to say there is a traffic plan when there isn’t one.

RMP wrote its investors two years ago the traffic studies are all done by Jan. 2005. At the Nov. 15 public hearing on the project, county Public Works informed the public there was no traffic plan. The RMP traffic consultant agreed: there is no traffic plan beyond waiting to see what roads spectators choose.

On Nov. 28, for the first time, county Public Works informed the people of Delhi, that Shanks Road, El Capitan and Palm were going to be a major thoroughfare for race traffic until two weeks ago, that some county roads would need to be widened, which might call for eminent domain if residents and RMP cannot agree on prices.

Who are RMP’s investors? These people are presumably underwriting a project that will significantly worsen our already severe air pollution, fill our country roads with frequent, periodic traffic jams, and fill our ears with the din of racecar engines. The Merced public has a right to view a full financial disclosure statement on who these people are who are investing in the destruction of our environment – before the supervisors we elected vote to approve this project. The public needs to ask how much RMP investor money will end up in campaign coffers of officials we elect.

Indemnification. The County and RMP have an agreement:

Indemnification and Hold Harmless
Approval of this Project is for the benefit of Applicant. The submittal of applications by Applicant for this Project was a voluntary act on the part of the Applicant not required by the County. Therefore, as a condition of approval of this Project, the Applicant agrees to defend, indemnify and hold harmless the County of Merced and its agents, officers, employees, advisory agencies, appeal board or legislative body of Merced County (collectively, “County”) from any and all claims, actions and proceedings against the County to attack, set aside, void, or annul an approval by the County concerning the Project occurring as a result of the action or inaction of the County, and for any and all costs, attorneys fees, and damages arising
therefrom (collectively, “Claim”).”

– INDEMNITY AND HOLD HARMLESS AGREEMENT BETWEEN COUNTY OF MERCED AND RIVERSIDE MOTORSPORTS PARK, LLC, Sept. 12, 2006.

This agreement allows the County to approve this project without taking any responsibility for these new, impacts to our environment added on top of UC Merced and its induced housing boom – air, traffic and noise – because they aren’t liable for legal costs.
However, the County has not yet signed the agreement. nor did they include it in the conditions in the staff report on the project.

Water. A year ago, Board Chairman Mike Nelson misspoke, saying Atwater would supply RMP with potable water. Winton doesn’t have enough water. Water Castle is supplying off-base residents is contaminated. So, where’s the drinking water?

Overweening control of Planning Director.

Modifications to the Development Plan and Administrative Permit may be approved administratively by the Planning Director if determined consistent with the intent of the Master Plan, the RMP EIR, and the procedures and finds defined in Section 18.50.02(D) of the Merced County Zoning Code.

-- P. 7-1, RMP Draft Master Plan

This means that planning director, in concert with RMP, can change the plans for the project any way they want to, unless the public challenges it. In other words, the planning director works from RMP, not for you.

Conflict of interest. The Merced County Board of Supervisors is the land-use authority for all unincorporated land in the county. But, it is also the land-use authority for the former Castle Air Force Base. The RMP project, which adjoins Castle, cannot be approved until the board overrides the noise-zone for the Castle airport established by the airport commission. The board plans to do this on Dec. 12. But, these are two separate actions, both with large consequences to the noise level, and the airport override must be analyzed in the RMP environment impact report. The County did not do that. In fact, there is no analysis on the environmental, public health and safety impacts from this decision. The County is in conflict of interest on these two projects.

Contempt for the public. The County did not make the new staff report to the public (including state and federal agencies) available until 4:30 p.m. on Monday, the day before the hearing. Nothing could better express the County’s complete contempt for the public and favoritism for special development interests. It also perfectly expresses the County’s lack of respect for law and elemental fairness. In violation of public access provisions within the California Environmental Quality Act, the public has not been allowed to view the working file of this project without recourse to the state Public Records Act. This is illegal.

The lack of analysis of cumulative economic and environmental impacts from the chaotic growth in Merced requires the public to demand a moratorium on any more projects not already approved by appropriate local, state and federal agencies. RMP is not approved by the appropriate agencies, therefore the board should not approve it before the county general plan has been fully updated in a legally compliant fashion.

The board of supervisors must deny the Riverside Motorsports Park General Plan Amendment No. GPA03-005, Zone Change Application No. ZC03-007, the Board of Supervisors’ override of the Castle Airport Land Use Commission, the Environmental Checklist, the Notice of Application, Draft Master Plan, Draft EIR, Final EIR, Appendices to Vol. 2, Response to Comments, Vol. 1, Staff Report, Findings, Resolutions and Overrides, and Indemnification.

The process that produced these documents was seriously flawed by

· an inadequate project description that can be modified at will by administrative decision without public review;
· serious conflicts of interest involving at least two members of the board voting on the project and the applicant’s claims nearly two years ago that he already had a super-majority of supervisors in his pocket;
· segmenting and peacemealing the entirely different project of the override of the Castle Land Use Commission decision, which requires its own EIR;
· deliberate failure of the County to make essential project documents available to the public in a timely manner;
· failure of the land-use authority to perform its mandatory duty to consult federal resource regulatory agencies on the environmental impacts of the proposed project;
· failure to do any analysis on the economic impacts of the proposed project on the Castle Commercial-Aviation Economic Development area;
· failure of the County to do cumulative economic impact studies on the impacts of this proposed project and other commercial, growth-inducing anchor tenants;
· failure of the County to consider the negative impact on the proposed project of the third failure of the transportation tax measure;

OPEN APPEAL TO MERCED COUNTY BOARD OF SUPERVISORS

Dear Supervisors Pedrozo, Crookham, Nelson, Kelsey and O’Banion: November 27, 2006

Thank you, Supervisor Deidre Kelsey, for scheduling three town-hall meetings this week to address the immediate impacts that the proposed Riverside Motorsports Park will have on your district. We would ask that supervisors Pedrozo, Crookham, Nelson and O’Banion also schedule meetings in their districts and listen to their constituents’ concerns about the RMP project.

Town-hall meetings are not formal hearings and we question how much impact they will have. However, the Board of Supervisors has closed the public hearing. At this stage, town-hall meetings appear to be the best way we have to afford citizens the opportunity to participate in the process.

At the close of the public hearing on RMP, there was still no traffic plan. The traffic study that had been done was based on a flawed, deceptive traffic count in the wrong season for either agricultural harvests or auto racing. This is unacceptable to the public.

The RMP project proposes that District 4’s rural two-lane roads be used as highways for thousands of cars to reach the raceway site. The RMP project will negatively impact the roads, environment and public health and safety of other districts as well. Districts 1, 2, and 3 (Livingston, Atwater & Merced) will be impacted by traffic congestion, slowed response by emergency vehicles, noise, and air quality threats of the project.

All residents will be impacted by road deterioration. Our nationally recognized air pollution could ultimately cause the federal government to stop highway funds until we make greater efforts to clean up our air. We will then be asked to raise our taxes to fix the roads because development does not pay its way.

All Merced County residents will be impacted when the Board of Supervisors lowers the standards of our out-dated General Plan to accommodate the RMP project. The Board should not even consider projects with the massive impacts of RMP before it updates the county General Plan.

We request that the Board of Supervisors do the following:

· hold meetings in all the districts and be accountable to those that elected you to represent our County, not developers’ interests;
· re-open the public hearing on RMP, since about 50 people were not able to testify at the last hearing;
· re-circulate RMP environmental documents to allow the public to review RMP’s and the Planning Department’s responses to public testimony;
· re-circulate RMP environmental documents to allow the public to review the traffic study, which was not finished at the time of the public hearing.
· not decide on RMP or other large development projects before the County has finished updating its General Plan.

Thank you.
Tom Grave
Merced County- Citizens Against the Raceway

WHAT YOU CAN DO:

Write and call your supervisor and tell them to reopen the public hearing and/or deny this project.

Attend Board of Supervisor meetings on Dec. 12 at 5 p.m. and on Dec. 19 at 10 a.m.

Write and call Congressman Cardoza, whose wife is a doctor.

Write and call state Sen. Jeff Denham and Assemblywoman Cathleen Galgiani.

Paid for by Citizens Against RMP

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Public letter in opposition to the Riverside Motorsports Park

Submitted: Nov 14, 2006

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

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

Merced County Board of Supervisors November 14, 2006
2222 M Street
Merced, California 95340
Fax: (209) 726-7977
Ph: (209) 385-7366 Via Hand Delivered and Email

Re: Public hearing on Riverside Motorsports Park General Plan Amendment No. GPA03-005, Zone Change Application No. ZC03-007, the Board of Supervisors’ override of the Castle Airport Land Use Commission, the Environmental Checklist, the Notice of Application, Draft Master Plan, Draft EIR, Final EIR, Appendices to Vol. 2, Response to Comments, Vol. 1, Staff Report, Findings, Resolutions and Overrides, and Indemnification.

1. Development Plan and Administrative Permit

The Riverside Motorsports Park Development Plan and Administrative Permit are the second stage of project approval following adoption of the Master Plan, as required by Merced County’s Planned Development Zone. When submitted, the Development Plan will include a precise plot plan, elevations, landscaping, lighting and other more detailed plans for development of the entirety of the project. The Development and Administrative Permit implement the goals, vision and requirements of the Master Plan. The Administrative Permit will provide the “entitlement” for the RMP project and include a list of conditions of approval under which the facility will operation. All development will be required to be consistent with the Development Plan and Administrative Permit (as may be amended.)

Modifications to the Development Plan and Administrative Permit may be approved administratively by the Planning Director if determined consistent with the intent of the Master Plan, the RMP EIR, and the procedures and finds defined in Section 18.50.02(D) of the Merced County Zoning Code.

-- P. 7-1, RMP Draft Master Plan

The public finds this “implementation” completely unacceptable. Merced County seems to be following the policy that if a sizeable portion of the supervisors’ constituents oppose a project, the final master plan could include changes so substantial to it that they would nullify the project description of its final EIR will be done administratively, without any further public or even legislative review. How excellent a technique for elected officials to wash their hands of the problems this project will cause their own constituents. “Sorry, we can’t do a thing,” the supervisors will be able to say. “It’s all being decided ‘administratively.’”

So, the “master plan” referred to by the county Planning Commission on Oct. 25, either does not yet exist or has not been made available to the public. For example, under the present “administrative” set up, the proponents and the County could create another Pacific Comtech industrial park in RMP final master plan, approved under an EIR to build a racetrack. It would be a radical violation of the project description, but on the other side of Merced we have the UC Community Plan, which every day looks more like the area where the UC Merced campus expansion will go, instead.

2. Disqualification of some supervisors for voting on the RMP project

Coupled with whatever indemnification agreement the County and RMP has reached (not available to the public), this “implementation” insures that once again the elected supervisors will have shielded themselves from any accountability for their decision. The last handicapping of the board of supervisors’ vote was written by RMP CEO John Condren in a letter to his investors last year:

Although it’s too early to start planning a ground-breaking party, we can report that RMP has won the support of 4 of the 5 members of the Merced County Board of Supervisors … and we may succeed in securing the unanimous support of the Board once the EIR is released. In addition, RMP has secured the approval and support of State Senator Jeff Denham, US Congressman Dennis Cardoza, 5 Chambers of Commerce within Merced County, the City Councils of Atwater and Merced, and RMP has the support of the California Builders Industry Association. Added to this list are over 1,500 local Merced County citizens who have signed to be on our project update mailing/e-mail list.

-- Riverside Motorsports Park, 1 January 2005 “To all our valued investors and supporters, Happy New Year!”

Although Foster Farms representatives reported last month being unable to meet with supervisors about their concerns with the project, Condren had apparently met with supervisors nearly two years ago. But the public isn’t as cynical as the RMP boss; we expect surprising acts of good sense from our supervisors.

To begin, it would be a surprising act of good faith if the board disqualified two of its members from voting on the RMP final EIR: Jerry O’Banion and Kathleen Crookham. O’Banion is widely known as having steered the project from the west side to its present location. Crookham gave a promotional talk on the RMP project before the Clipper Club at Central Presbyterian Church. Their involvement with the project ought to disqualify them from voting on it. The appearance of conflict-of-interest mars the deliberations on this extremely important decision in advance.

The board of supervisors needs to recall that it is not required by law to approve a fatally flawed EIR.

3. Airport Land Use Commission decisions

On Oct. 24, the Board of Supervisors voted to override a decision by the Castle Airport Land Use Commission that the RMP project is inconsistent with state Department of Transportation guidelines on projects near airports.

Under the California Environmental Quality Act, this “decision” is in fact a project. As presently proposed, it is an unanalyzed and unmitigated segment of the Riverside Motorsports Park (RMP) environmental impact report.

There is a basic flaw in the description of this project and the approval process is being illegally segmented because two parallel, unrelated planning processes are going on.

According to Planning Department staff, the ALUC met last week to reconsider the decision overridden by the board on Oct. 24.

The County has obstructed public access to the airport commission’s decision, although Planning Director Robert Lewis is secretary of the commission. The commission met last week and reached a decision that the public is obstructed from knowing. Apparently, the Planning Department takes the minutes, but they were not available for view on Monday. Therefore, the public, including state and federal agencies, have no chance to analyze the commission’s recommendation. The public does not know if this recommendation requires state and/or federal approval and if that approval is or is not forthcoming, or when it might be. Yet, according to planning department staff, whatever the decision of the ALUC may be, whatever state and federal approval or disapproval it requires, somehow the reduction in size of the noise zone around the airport will appear in the final RMP EIR after the public hearing is closed, at the board’s Dec. 12 meeting.

This project should not go forward until the public and agencies have had a chance to analyze the impacts of the proposed changes at the airport. The FEIR needs to be recirculated, incorporating all documents related to the ALUC recommendation. The airport decision must be treated as a separate project now, because throughout the development of the RMP project, it has been on an unrelated track and cannot be joined at this late date.

According to testimony by the airport manager, the RMP would bring a significant increase in air traffic to the airport. There is no environmental analysis of this significant increase. In fact, there is no environmental or economic analysis of this significant increase. However, in terms of RMP project, it represents a significant, unanalyzed change in the project.

Just because the RMP project cannot go forward without adjustments to the airport noise regulations does not mean that the FEIR and the ALUC decision are part of the same project for planning or bureaucratic purposes. Under CEQA, the needs of the public for access to information and public debate, not the needs of the developer, define the description of the project and proper legal processes in the decision-making.

We submitted the same packet of material to the county Planning Commission on the following day, Oct. 25. We were unable to finish our testimony orally in the time permitted. At the end of the meeting, after the planning commission had made its decision to advise the board to approve the project, our packet was still lying in the basket beside the podium – one more example of the failure of the county to respect and properly consider important information about this project submitted by the public.

4. Immediate issues of public information access

The County has failed to provide the public with a copy of the indemnification agreement between it and RMP. The public has been unable to obtain a copy of the indemnification agreement, therefore the citizens of Merced County do not know what is and what is not indemnified by the developer of this project, who will pay what to whom in case of litigation on a number of possible problems, including fire and police protection, public safety and environmental issues.

The board public hearing on the RMP project was scheduled on the Tuesday following a three-day weekend. Normally, the public would have had access to the staff report for the hearing on Friday. On Friday, the office was closed. But, on Monday, at noon, the public and state and federal resource agencies were unable to get a new staff report, unable to get the ALUC decision, and was not given the opportunity to review the public testimony submitted, the summary report or the minutes of the planning commission hearing. The County is once again obstructing public access to vital information as if the County were above the laws of CEQA and public process.

The County did not make the new staff report to the public (including state and federal agencies) until 4:30 p.m. on Monday, the day before the hearing. Nothing could better express the County’s complete contempt for the public and favoritism for special development interests. It also perfectly expresses the County’s lack of respect for law and elemental fairness.

5. Failure to consult federal resource agencies

Canal Creek, along with its associated wetlands and limited tree cover, passes through the northeast corner and to the east of the RMP site. From the project site, Canal Creek flows southwest through Atwater into Black Rascal Creek and eventually into Bear Creek and the San Joaquin River. Canal Creek is a perennial tributary.

Just beyond the northeast boundary is the Castle Dam, a 6,400 acre-foot capacity dry flood control facility operated by the Merced Irrigation District.”

--P. 2-3 Riverside Motorsports Park Draft Master Plan.

This statement, in conjunction with state Department of Fish and Game directive, triggered the necessity of County and proponent consultation with federal resource regulatory agencies. The County and proponents failed to engage in that consultation, fatally damaging the environmental review of the RMP project.

The RMP project lies inside the federal Endangered Species Act critical habitat designation for the 15 endangered species associated with vernal pools. It also lies directly across an endangered San Joaquin Kit Fox migration corridor. The creek running through the project area connects with navigable waters of the US.

However, there is no evidence that – despite the state Department of Fish and Game advise to the County and project proponents – that either the County or proponents ever consulted on these three important federal resource issues, growing more critical in Merced County by the month with the cumulative impacts caused by development induced by UC Merced on valuable eastern Merced County wildlife habitat.

The recent federal court ruling upheld the critical habitat designation. The project area lies well within the US Fish & Wildlife Service Recovery Plan for Vernal Pools, and the Service has designated the project area as part of a vital corridor for kit fox east-to-west migration. Until the issue of the connectivity of the creek running through the project site is established by the US Army Corps of Engineers, this project cannot go forward just because the County and proponents have ignored their legal obligations under ESA and the federal Clean Water Act to consult with the federal resource regulatory agencies.

In addition, this project lies within the boundaries of UC Merced and state and federal agencies’ Contiguous Band of Natural Lands and Wildlife-Compatible Farmland that Should Be Maintained. UC Merced regards the existing orchard on the project site as important agricultural land for protection and for the mitigation of take of wildlife habitat. In addition to failing to consult with federal resource regulatory agencies, the Merced County Department of Planning and Community Development failed to consult with the UC Merced Development Planning office.

Merced County, home of UC Merced, is long past the point where it can claim ignorance of federal resource agency jurisdiction over large parts of eastern, as well as western Merced County. The County was notified in September by the state Department of Fish and Game to consult with federal resource agencies.

The RMP project should be re-circulated because the federal agencies were not properly notified by either project proponents, which is understandable, or by the land-use authority, Merced County, which is neither understandable nor legally defensible.

There is no analysis of the impact to species associated with wetlands immediately north of the project at Castle Dam. There is no environmental analysis of the effects of the proposed sound berm on water flowing toward the site.

In the draft EIR, p. 4.4-1 project consultants refer to the Merced Basin Groundwater Management Plan. In fact, the plan does not exist and cannot be used as an authoritative policy document.

6. Failure to do economic analysis on impacts to the Castle Commerce-Aviation & Economic Development area.

A Castle airport manager testified to the planning commission that the RMP project would increase traffic to and from the airport. The RMP final EIR lists 34 significant, unavoidable environmental impacts. The board will have no basis on which to override them but economic. This it will done without any analysis of the economic impacts to the Castle economic development area from being adjacent to a regional auto racing facility subject to periodic traffic jams that, if the track is successful, can only increase in number over time. How will the racetrack economically impact the Castle enterprise with its foreign-trade zone designation, conducive to a number of enterprises that could have provided thousands of jobs fitting the skill level of tens of thousands of Merced’s existing residents? We don’t know and this EIR doesn’t mention the subject. An economic override that lacks any analysis of the economic impacts of the project is not legally compliant.

7. Moratorium until General Plan Update

Planners in Merced County – whether they work for the county planning department, UC Merced, Castle, Merced County Association of Governments or the various cities – have failed to consider the cumulative economic as well as environmental impacts of rapidly sprouting commercial zones, particularly along the Highway 99 corridor. Following on the section above, this is working an economic hardship on plans for the development of Castle, but, overall, it is creating a series of disconnected “anchor tenant” areas, which will induce growth around them. In light of the third failure to pass a sales tax increase to fund road construction and improvement in a county with a general plan so weak and out- of-date it is useless as a planning-guidance tool, these competing commercial zones will soon create traffic-circulation havoc, adding measurably to air pollution, and may produce economic havoc as well. But we don’t know, because there has been no analysis of the economic impacts of chaotic growth in a county with a moribund general plan.

The lack of analysis of cumulative economic and environmental impacts from the chaotic growth in Merced requires the public to demand a moratorium on any more projects not already approved by appropriate local, state and federal agencies. RMP is not approved by the appropriate agencies, therefore the board should not approve it before the county general plan has been fully updated in a legally compliant fashion.

8. Conclusion

The board of supervisors must deny the Riverside Motorsports Park General Plan Amendment No. GPA03-005, Zone Change Application No. ZC03-007, the Board of Supervisors’ override of the Castle Airport Land Use Commission, the Environmental Checklist, the Notice of Application, Draft Master Plan, Draft EIR, Final EIR, Appendices to Vol. 2, Response to Comments, Vol. 1, Staff Report, Findings, Resolutions and Overrides, and Indemnification.

The process that produced these documents was seriously flawed by

· an inadequate project description that can be modified at will by administrative decision without public review;
· serious conflicts of interest involving at least two members of the board voting on the project and the applicant’s claims nearly two years ago that he already had a super-majority of supervisors in his pocket;
· segmenting and peacemealing the entirely different project of the override of the Castle Land Use Commission decision, which requires its own EIR;
· deliberate failure of the County to make essential project documents available to the public in a timely manner;
· failure of the land-use authority to perform its mandatory duty to consult federal resource regulatory agencies on the environmental impacts of the proposed project;
· failure to do any analysis on the economic impacts of the proposed project on the Castle Commercial-Aviation Economic Development area;
· failure of the County to do cumulative economic impact studies on the impacts of this proposed project and other commercial, growth-inducing anchor tenants;
· failure of the County to consider the negative impact on the proposed project of the third failure of the transportation tax measure.

Sincerely,

Lydia Miller Steve Burke

Attachments:
TNC Predicted Vernal Pool Taxa
Dept. F&G San Joaquin Kit Fox Approximate Distribution
UC Merced San Joaquin Kit Fox Habitat Map
UC Merced Vernal Pool and Related Wetlands Map
“Supervisors override ban on building near airport,” Merced Sun-Star
Eastern Merced Bird List
US Fish and Wildlife Service Recovery Plan for Upland Species Map
US Fish and Wildlife Service Recovery Plan for Vernal Pool Ecosystems
( hard copy of Service recovery plan and above items delivered by hand along with this letter to the Board of Supervisors at its public hearing, Nov. 14, 2006)

All other attachments submitted electronically:
Eastern Merced Bird List
Silviera Bird List
UC Merced San Joaquin Kit Fox Habitat Map
UC Merced Vernal Pool and Related Wetlands Map
“Supervisors override ban on building near airport,” Merced Sun-Star
RMP articles
BadlandsJournal.com Riverside Motorsports Park CEO Letter to Investors
Vernal Pool Critical Habitat Lawsuit
Pacific Comtec lawsuit petition
Coalition Statement
US Fish and Wildlife Service Recovery Plan for Upland Species Map
TNC Predicted Vernal Pool Taxa
Dept. F&G San Joaquin Kit Fox Approximate Distribution

Cc: Interested parties
BadlandsJournal

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Measure G press update

Submitted: Oct 30, 2006

Merced, among other Valley counties are producing measures for the General Election to increase sales taxes to pay for roads. These roads -- as the top contributors to these campaigns, public officials, and everybody else knows -- will not reduce traffic congestion. But, business is business, and Measure G supporters don’t care about consequences. They will just pave the way for more growth and more traffic congestion. That’s why hundreds of thousands of dollars are being spent to convince the public to vote against its own interests for more growth, more traffic, worse air and, not so indirectly, utility-rate hikes – because development does not pay for itself or provide stable employment at any wage. It is a boom that busts.

But, our congressman tells the local McClatchy outlet his latest vision, which some say he stole from Jerry McNerney as part of a move to distance himself from Rep. RichPAC Pombo, Crook-Tracy:

"I believe we can make this area the Silicon Valley of renewable energy,” Cardoza said. “There are technological advances that could come out of this university that we are not even contemplating." – Merced Sun-Star, Oct. 27, 2006.

In one sentence, the Incumbent Boy manages to trivialize the San Joaquin Valley, Silicon Valley, renewable energy and technological innovation and invention.

The San Joaquin Valley is the “Silicon Valley of Agriculture.” It remains in the forefront of agricultural technological innovation – at least while it has enough agricultural land to be worth the effort.

Every local growth hustler in America has been claiming Silicon Valley can be transported to his or her little burg or rust bowl – but there is only one Silicon Valley.

UC Riversides, Irvines and Merceds may multiply by land-deal boondoggle, but there is only one Cal.

Real inventors of alternative energy technology tend to be like brahma bulls in milking barns, not good little academics or “one voice” politicos.

Urban sprawl does not "another Silicon Valley" make.

The Pomboza (Pombo/Cardoza) continues to want one thing: real estate development. It is about the least innovative policy imaginable for the San Joaquin Valley.

Measure G creates a moving target for development by opening up new growth corridors. In the process it makes a mockery out of planning, the county General Plan update and all the other community and special urban development plans.

Sooner or later, the Federal Highway Administration must look at funding more highway construction in the nation’s second-worst air pollution basin. Measure G is part of a political game to make the FHA look away from Valley air pollution for as long as possible.
---------------------

Oct. 29, 2006

Fresno Bee
Keep our tax dollars at home...Editorial
http://www.fresnobee.com/274/v-printerfriendly/story/10060.html
If we don't help ourselves, our money subsidizes other counties. There are plenty of good reasons for Valley voters to approve transportation sales tax measures on Nov. 7... There are 10 counties with transportation sales taxes on the Nov. 7 ballot. Eight are in the Valley; the exceptions are Santa Barbara, Amador and Orange counties. Fresno and San Joaquin counties are voting on renewals. Kern, Tulare, Madera, Merced and Stanislaus are voting on new measures. Seventeen counties already have such taxes in place. All are in the Bay Area or Southern California, with the exception of Fresno and San Joaquin counties. Most of those taxes are set in place for many years; Los Angeles' tax is permanent. Vote "yes" on Measure T in Madera County, Measure R in Tulare County, Measure I in Kern County and Measure G in Merced County. Vote "yes" on Fresno County's Measure C. Keep our tax dollars at home to work for us, not our neighbors on the coast.

Oct. 28, 2006

Merced Sun-Star
More taxes means more power for politicians...Jim Cardoza
http://www.mercedsunstar.com/opinion/story/12948144p-13602157c.html
Long before bilingual forms and cell phones, services like police, firemen and road maintenance were local government's top priorities. But now, no matter how fast the tax base grows, politicians routinely tell us we must pay more to sustain those vital functions...how can elected officials justify spending a dime on perks, charities and other nonessential expenditures? Pleading with overburdened taxpayers to raise their allowance would be straightforward, but not likely to bear fruit...instead, they choose to wring their hands in seemingly reflective and insightful public concern as they peddle a perception of impending crisis, such as too few cops or otherwise unfixable roadways. When voters bite the hook, the old money is then freed for use throwing around political weight. That political shell game often triumphs because it takes advantage of the widely believed fallacy that taxes are the result of need. The truth is, tax hikes are almost always about beliefs. Just five decades ago, a middle-class American family of four paid about 6 percent of their annual income in taxes of all types. Today, such a family pays well over 40 percent. This state of affairs has resulted from a combination of factors...: the politicians' desire for power, which is the ability to control money; the wasteful nature of bureaucracy, which shares the cancer cell's mission of growth for the sake of growth; and the massive power wielded by public employees unions, of which the California Legislature has long been an identifiable subsidiary. More taxes only encourage politicians to conjure new ways of expanding government. Stripped of sugarcoating, taxes are simply instruments of force used by the state to seize your money... Even less defensible is the enormous amount of resources government fritters away mindlessly within tail-chasing bureaucracies. Whereas private industry looks to streamline costs, bureaucracy's goal is to vaporize every cent in their budgets as a means of getting more next year. Presiding over such a world of waste, it is little wonder politicians view the perks and privileges they shuffle to each other as chump change. More taxes only encourage politicians to conjure new ways of expanding government. Why not insist their focus be limited to providing uncompromised essential services...

Complain, or change the way campaigns are run...Jim Boren
http://www.mercedsunstar.com/opinion/story/12948146p-13602167c.html
Elections have become the province of the special interests and political professionals. That has driven down voter turnout and increased political cynicism. A survey released last week by the Public Policy Institute of California says voters are discouraged in this year's campaign because the candidates aren't talking about issues that concern them. David Schecter, an assistant professor of political science at California State University, Fresno, says voter turnout is going down for several reasons other than negative campaigning. Many voters don't think their vote counts and others are frustrated with the political system...also points out that gerrymandered congressional and legislative districts limit competition and interest in those races.

Spending out of control...Ted Brodalski...Letters to the editor
http://www.mercedsunstar.com/opinion/story/12948147p-13602176c.html
...school districts demand money from new home buyers by intimidating the builders to pay higher fees. They get funding per student from Sacramento. They demand money using school bonds to correct deferred maintenance and build new schools. There is never enough money to meet their demands. The bonds are directed at real property. This is the topper that is asking for our vote for a constitutional amendment and statute to create a statewide parcel tax of $50 per parcel (Prop. 88). No one in education wants to talk about the broken school spending.

Oct. 27, 2006

Merced Sun-Star
Politicians ruining state...ROBERT C. SHERWOOD, Los Banos...Once again the rulers of perpetual debt (the California state government) are spending more than we pay them to spend. Business is good in California...the gas tax is up higher...Property taxes are up higher... state sales tax revenues are higher...state even got about $400 million income tax from the sale of Google stock... If our local officials don't succumb to this coercion and get the voters to pass a local sales tax increase for good sounding causes like schools or roads, then we are not a "self-help" county and cannot receive matching funds or other funds that are long overdue. That compares to a thief offering to sell you back the goods he has stolen from you at a half-percent more than the price that you have already paid for the goods. Remember the "pothole tax" a few years ago? This doubled the road taxes and was supposed to keep them fixed. What did the state do with that money? Remember the state lottery? Vote no on any tax increase because it is never enough.

Oct. 25, 2006

Merced Sun-Star
Measure G half page ad...too large to send out
A6 Wednesday, October 25, 2006 LOCAL&REGION Merced Sun-Star, Merced, Calif
Vote Yes! on G...Myths and Truths about Measure G paid for by Merced County Transportation Alliance...FPPC #1281519
Myth Truth
The Cities and County already have money in their budgets for roads....Yes...most general fund money budgeted...
The gas tax should pay for our roads..............................................................Yes...CA gas tax...money allocated based on population.
The State of CA should pay for Hwy. 99...........................................................Yes...we can't wait that long...
The State of CA will take Measure G money for its own projects................No...Measure G is a locally approved and a locally controlled tax...
All Measure G money will go toward highways..............................................No...approx. 1/2 of the funds divided among all cities and uncorporated areas throughout the County for local street and county road repair
There is no Measure G money for local projects...........................................See above response.
Measure G will pay for new roads needed as a result of all new
development.........................................................................................................Projects chosen for Measure G funding include maintenance and improvements to EXISTING roads
County legislators will use this money for projects other than
transportation.......................................................................................................Measure G is a special tax...can ONLY be spent on the transportation projects and programs that VOTERS APPROVE.
The majority of voters don't support a transportation measure..................In June...62.8% voted in SUPPORT...we need two thirds...67%.

Modesto Bee
Want good roads in Merced? It'll cost nearly $50 million...Ellie Wooten...Community Voices
http://www.modbee.com/opinion/community/story/12933540p-13590144c.html
The simple truth is Merced's streets and roads are not aging well. The solution is to keep the roads in shape with regular maintenance and repair...there is a gap between the amount of roadwork that needs to be done and the money available. Until we obtain the money, there will be rough roads ahead.

Oct. 24, 2006

Merced Sun-Star
Road initiative misleading...David A. Bultena, Merced...Letters to the editor
http://www.mercedsunstar.com/opinion/story/12929954p-13586799c.html
I recently received a copy of the voter pamphlet for Measure G...first page marked "24G1" and noted first of all, at the top it says "Measure A." I think Measure A was the last attempt to pass the sales tax. under "Measure A," the text asks the question, "Shall Merced County voters approve a one-half cent transportation?" Note that it says "one-half cent" and not "one-half percent." In the paragraph titled "Summary," the same language is used a second time. It seems to me that there is a great difference between collecting a half-percent sales tax and a half-cent sales tax. ..with all the high salaried people in charge of the county, members of the supervisors, etc., someone would have been smart enough to know the difference between the income from a "half-cent" sales tax and a "half-percent"sales tax.

Vote down higher taxes...Wayne Hein, Merced...Letters to the editor
http://www.mercedsunstar.com/opinion/story/12929955p-13586809c.html
Utopia is soon to descend upon our Merced community, according to the proponents of Measure G. For the third time in four years, the "powers that be" are trying to brainwash the voters that this tax issue is a "must!" nine major donors have given approximately $130,000 for convincing purposes. Aren't some heavily funded developers anticipating with glee that if passed the measure will give a boost to their development activities? And where is the limit to the sales tax? Proponents say that it is only -- repeat only -- a "few dollars" per year. Isn't that what the same voices said when the last sales tax increased to our current amount? Must Merced be in the same class as San Francisco and San Rafael? And when we are told in a few years that a need (?) exists, and a bond is needed for the funding, can we not expect the same voices to tell us that the added amount would be "only a few dollars?"

Measure G not the answer...Robert Wood, Atwater...Letters to the editor
http://www.mercedsunstar.com/opinion/story/12929956p-13586797c.html
Measure G is back again and I don't like it at all. I voted against it in June, I voted against it in 2002, and I'll vote against it again on Nov. 7. Special interest groups are spending hundreds of thousands of dollars to make voters believe that more taxes is the answer. Take all the gas tax money that we pay at the pump and spend it where it is supposed to be spent, on the roads! The message is, nothing gets done unless we say yes to Measure G. I say take some of the thousands of dollars that is spent to push this unnecessary tax and use it to fix our streets. Please don't let our local government put a gun to your head with this tax increase. Tell them to fix our roads with the money they already have. Twice before, we told them the answer is no. Vote no on Measure G and say no one more time.

Oct. 22, 2006

Stockton Record
'Taxpayers not only have subsidized, but will continue to subsidize, developers'...Dario Marenco
http://recordnet.com/apps/pbcs.dll/article?AID=/20061022/OPED02/610220306&SearchID=73260638368660
In 1990, when Measure K was placed on the ballot, one of the key features presented to voters was that a regional transportation impact fee would be placed on all future developments...15 years late, San Joaquin County Council of Governments is just now implementing this feature with a minimum fee of $2,500 for every new home built. That means developers have pocketed - and taxpayers have unnecessarily paid - at least $200 million for developments the past 15 years. If Measure K passes again...taxpayers not only have subsidized, but will continue to subsidize, developers...there are various loopholes in the Measure K renewal resolution that would enable developers to avoid paying the regional transportation impact fees under certain circumstances....costs... The San Joaquin Council of Governments, a 26-employee agency with an annual budget of $4.3 million, spent $86,000 for travel and conferences in 2002... Both Rep. Dennis Cardoza, D-Merced, and Rep. Richard Pombo, R-Tracy, have staffs that cost our taxpayers over $1 million to represent these identical interests. Obviously, we already have professional, well-paid representatives in place in San Joaquin County and Washington, D.C., to protect and work for these same county interests. How then is a one-week, 50-person, $90,000 trip to Washington, D.C. - organized and promoted by the Council of Governments but paid for by taxpayers - justified to make our interests known?

Oct. 21, 2006

Merced Sun-Star

Your Views: Letters to the Editor:
B2 Saturday, October 21, 2006 Merced Sun-Star

Community at stake
Editor: We must do something locally to make the necessary improvements to our roads. Voting yes for Measure G is the answer. It's not just the porholes -- it's the long-term economic vitality of our community that's at stake. Having adequate and well-maintained roads is vital if we are to continue to meet the needs of our existing business community and citizens and continue to attract new business to Merced County.
If we truly want to preserve our quality of life, vote yes on Measure G.
Bob Carpenter, Merced

Who should pay road tax
Editor: Why more taxes to pay for streets, roads and highways? Why should law-abiding citizens in Merced County or any county be asked to pay more taxes to repair streets, roads and highways? They are already paying one of the highest gasoline taxes of any state in the United States and using more gasoline than any other state and the gasoline tax is supposed to be used to build and repair roads
Those who ought to be charged extra to pay for streets, roads and highways are the law-breaking speeders who ignore all posted speed limit signs. However; there is practically no visible law enforcers on any of our streets, roads and highways. My wife and I recently drove all the way across the United States and only saw three highway patrols. We went from Atwater to Gallup, N.M., before we saw the first highway patrol.
Just think of how many millions of dollars in fines that could be collected each day if the millions of California speeders were stopped every day. Hardly any drivers are obeying the posted speed limit signs, not only the drivers of autos, but truck drivers as well.
Never will I vote for a tax to repair streets, roads and highways until this situation is corrected. It is no wonder that so many people are being killed in auto accidents at the speeds they are traveling on the highways.
Lloyd 'Lefty" Stepp, Atwater

Fresno Bee
Group disputes EPA air ruling...Mark Grossi
http://www.fresnobee.com/263/v-printerfriendly/story/8888.html
Environmentalists last week accused air authorities of ignoring pollution violations in their haste to acknowledge a milestone cleanup of dust and soot in the San Joaquin Valley. Earthjustice, an Oakland-based legal watchdog, threatened a lawsuit over the U.S. Environmental Protection Agency's finding on Tuesday that the Valley has not violated the dust and soot standard in three years. Earthjustice lawyer Paul Cort said authorities disregarded readings last November that showed violations in Bakersfield and Corcoran. Earthjustice's allegation refers to secondary monitors used to help forecast daily pollution warnings, district planning director Scott Nester said. The monitors are in Corcoran, Bakersfield and Tracy, and they are not part of the federally sanctioned network. Kerry Drake, associate director of the EPA's regional air division, confirmed that the readings from the secondary monitors don't count unless they have been operated in accordance with federal regulation.

Oct. 20, 2006

Merced Sun-Star
Your Views:
http://www.mercedsunstar.com/opinion/story/12916106p-13574265c.html
Roads not safe for cyclists...Dough Fluetsch, Merlock Athletic Association, Merced...2nd letter...The roads, due to budget constraints of our city and county officials, have been deteriorating to the point where safety has become a major concern for cyclists. Measure G will enable each community within Merced County to address safety issues for bicyclists and drivers alike.
Re-inventing the wheel...Beverly Quigley, Merced...3rd letter...I have a simple question regarding Measure G... Doesn't Measure G basically request that I pay those taxes again (matching funds)? Why would I pay for one purchase twice? What happened to the monies I've been paying for 13 years?

Oct, 19, 2006

Merced Sun
Builder outlines coming shops...Leslie Albrechthttp://www.mercedsunstar.com/local/story/12911855p-13570464c.htmlA shopping center so grand that its creators call it a "power center" was the star attraction at a Greater Merced Chamber of Commerce event updating members on new commercial development Wednesday...breakfast gathering highlighted several developments -- some still just concept drawings, others under construction -- that will shape Merced's shopping future...so-called "power center" is the Merced Gateway Park, a 133-acre regional shopping center slated for construction between Gerard Avenue and Mission Avenue on the east side of Coffee...center would offer world-class shopping on par with Fresno's River Park shopping center. Street in southeast Merced...include office space, hotels and possibly a movie theater. The site is now pasture land that's belonged to Pluim's family...shopping center will sit next to 196 condominiums that developer Matthews Homes plans to build at the corner of Gerard Avenue and Coffee Street....a half-mile to the west on Gerard Avenue is the site where Wal-Mart wants to build. Other projects highlighted at the chamber breakfast included: • A 15-acre shopping center planned for Yosemite Avenue between El Redondo Drive and Compass Pointe Drive (between R Street and Highway 59) in North Merced. • A 26-acre shopping center across Coffee Street from Merced Gateway Park called Merced Forum... • A neighborhood shopping center now under construction at Yosemite Park Way and Parsons Street

County expects voter turnout to be strong...Corinne Reillyhttp://www.mercedsunstar.com/local/story/12911857p-13570484c.htmlTwice as many Merced County residents are expected to cast ballots on Nov. 7 compared to last June's primary election. As of Wednesday morning, 92,826 people are registered to vote in the county...expected to climb until Monday, the last day to register to vote in the November election. Only a quarter of Merced's registered voters cast ballots in June...county expects 45 to 50 percent of registered voters to show up in November. Stephen Nicholson, a political science professor at UC Merced who studies elections and voting behavior...high campaign expenditures on statewide ballot items will likely bring more voters to the polls. National issues, such as the war in Iraq and recent scandals within the Republican party, could also boost voter turnout...Measure G, a half-cent sales tax measure to fund local transportation improvements, could also bring more voters to the polls this time around. Brown said some of the 21,000 absentee ballots the county has mailed to local voters since Oct. 10 are already coming back, but the county has yet to begin counting them. Local voters can request absentee ballots through Oct. 31. Those not registered to vote can do so for November's election through Monday.Merced Sun-Star Tip List:

City street named after capital of North Dakota is misspelled...Leslie Albrechthttp://www.mercedsunstar.com/local/story/12911861p-13570456c.htmlWe're a university town and we need to start acting like it," said an anonymous tipster who left a message for the Tip List last week...Loughborough Drive in Merced is blighted with a typo. The street, like 18 others in the neighborhood, was named for a state capital: Bismarck, North Dakota. Unfortunately, the sign reads "Bismark." Local fifth-graders should be able to spot the misspelled street sign right away if they've been studying hard. Fifth-graders are responsible for knowing the location of all 50 states and the names of their capitals, said Nanette Rahilly, director of curriculum for Merced City School District. But she noted that the curriculum doesn't say anything about actually spelling the capitals correctly."I don't know how long that sign has been there," said Lesch of the Bismark sign. "It might be 30 or 40 years old. I'm surprised no one has said anything."

Oct. 18, 2006

Merced Sun-Star
Be a responsible editor...David A. Ginsberg, Merced...Letters to the editor
http://www.mercedsunstar.com/opinion/story/12907856p-13566807c.html
I read where you are endorsing Measure G, even on the front page. I can understand that endorsement if it is a corporate endorsement. After all, the Sun-Star is a major user of the county's roads and it makes sense that better roads mean a more efficient and therefore a more profitable newspaper. If, however, you are writing as an individual, then shame on you...you are in a position to see that the result of its passage would mean more land speculation, more development, loss of productive agricultural land, and the pollution of our Valley...the Sun-Star editor is in a position to see the effect another half-cent sales tax would have on the wage-earners of this county who are having trouble with increasing house payments, utilities, energy and food costs. ($82.50 a thousand doesn't sound like much until you are financing a $10,000 car). You are in a better position than anyone to investigate into whose pocket our gas taxes and gas sales taxes go that are some of the highest in the country that are supposed to pay for our roads. You are in a better position than anyone to realize that with the next serious public threat (like flood control) our elected leaders will be coming again, with hat in hand, asking for more money but we will already be committed to 30 years of higher taxes for roads that by then won't work. Yes, shame on you, Mr. Editor. You know better.

Vote down taxes...Geraldine Alsop, Merced...Letters to the editor
http://www.mercedsunstar.com/opinion/story/12907852p-13566781c.html
It has come to my attention that there are four propositions on the November ballot to raise our taxes...I am 84 years old this November. I am a property owner so anything that undermines Prop. 13 is like shooting property owners; we can be taxed right out of our homes if you don't go to vote no on Proposition 88. Proposition 89...having to pay taxes for ads that attack candidates and causes you support, and support the candidates and causes you oppose. Proposition 86...hospital industry trying to get back some of their losses on treating the uninsured by allowing them to charge taxpayers more than they charge insurance companies for the same services. Proposition 87 will increase California taxes.

Modesto Bee
Readers sound off on the coming election
http://www.modbee.com/opinion/letters/story/12901954p-13561399c.html
Measures G, K pave way for growth...Robby Avilla, Stevinson...Merced County's half-cent sales tax for transportation, Measure G, is equivalent to Stanislaus County's Measure K. As both counties fill up with massive subdivision growth, we are told that we cannot lure industries and jobs until we fix the roads. However, if we do the large road projects that state matching funds will address, we can be assured that even more massive housing tracts will be approved. It is a Catch-22 situation. Give us measures that truly do just fix and maintain our roads, instead of these top-heavy measures that will create grand roadway projects for still more overdevelopment. When a tiny town like Stevinson, with a population of 400, is asked to absorb a 3,500-unit gated community, the situation has grown out of control. In Merced County, the developers have financed the heck out of Measure G. Of course they have — it literally paves the way for their projects. Put the brakes on developer's megaprojects and vote "no" on Measures G and K.

Oct. 17, 2007

Merced Sun-Star
Vote no on taxes...Nancy Hart...Letters to the editor
http://www.mercedsunstar.com/opinion/story/12901776p-13561215c.html
If passed, these proposals will cost you and me several hundred dollars every single year for decades. I have never seen such a flood of proposed taxes and bonds as there is this time around. The Merced Sun-Star has pointed out that Measure G and E alone will cost the average family per year $83 and $90 respectively, totaling $173. That does not include the following: Proposition lB, Proposition 1C, Proposition 1D, Proposition 1E, Proposition 84, Proposition 86, Proposition 87, Proposition 88, Proposition 89 -- $200 million in new taxes annually to pay for political campaigns, also Measure E and G as outlined above. It won't stop here either. More and more bond issues will be introduced as the years go by. Even when a bond issue is defeated, it keeps coming back. Look at Measure G which has been resubmitted under new names three times in the past four years.

Oct. 16, 2006

Fresno Bee
Road levy will need a bevy...Russell Clemings
http://www.fresnobee.com/local/story/12901245p-13560698c.html
County's Measure C...proposed 20-year extension of the half-cent transportation sales tax, which is due to expire next summer...
half-cent tax first was enacted in 1986, only a simple majority was required. It got about 57.5%. Now, for the proposed extension, a two-thirds vote is required. A previous extension attempt in 2002 won 54% approval, but by then, a court ruling had already raised the bar, so it failed. The 2002 effort also was crippled. This time, local leaders have crafted a spending plan for the 20-year extension that divides $1.7 billion in expected revenues among three major purposes - public transit, local street repairs and improvements, and major streets and highways. Four counties - Merced, Monterey, Napa and Solano - tried to get local transportation sales taxes approved in the June primary. All failed. Only Merced, with 63%, even came close. Ten counties are trying in November, including Merced and Tulare, both of which have failed previously, and Madera, where a half-cent tax expired last year after a failed extension effort in 2002. The largest share of contributions to the committee so far comes from the building industry and associated businesses...Former California Secretary of State Bill Jones, now chairman of Fresno-based Pacific Ethanol, gave $10,000. Jones and Smith are co-chairmen of the chamber's committee.

Oct. 15, 2006

Merced Sun-Star
10-15-06Merced Sun-StarSales tax rates in California...Source: California State Board of Equalization...10-14-06A 8 Saturday, October 14, 2006 BACK PAGE Merced Sun-Star, Merced, Calif.
Madera County 7.25%
Marin County 7.75%
City of San Rafael 8.25%
Merced County 7.25%
City of Merced 7.75%
San Francisco County 8.50%
San Joaquin County 7.75%
San Joaquin County, City of Stockton 8.00%
Stanislaus County 7.375%

Major Donors to Measure G...Source: Merced County Board of Elections...10-14-06Merced Sun-Star, Merced Calif. LOCAL&REGION Saturday, October 14, 2006 A7Business Location AmountBrookfield Castle LLC , Del Mar $27,500
A. Teichert & Son, Sacramento $
E&J Gallo Winery, Modesto $15,000
Foster Farms, Livingston $15,000
K. Hovanian Forecast Homes, Sacramento $15,000
WellingtonCorporation, Morgan Hill $10,000
Team 31, Inc. , Morgan Hill $10,000
Atwater East Investors, Danville $10,000
Ferrari Investment Company, Balico $15,000

Major Donors to Measure A...Source: Merced County Board of Elections...10-14-06Merced Sun-Star, Merced Calif. LOCAL&REGION Saturday, October 14, 2006
California Alliance for Jobs, Sacramento $50,000
Atwater East Land Develop. Co., Danville $15,000
Ranchwood Homes, Merced $15,000
Ferrari Investment Co. , Turlock $15,000
KB Home Central Valley Inc. , Sacramento $15,000
Gallo Cattle Co., Atwater $10,000
H/S Development Co., Bakersfield $10,000
Florsheim Land, LLC , Stockton $15,000
Crosswinds Development, Novi, MI $15,000
Brookfield Sac. Holdings , Sacramento $15,500
Lennar Communities , San Ramon $10,000
A. Teichert & Son, Sacramento $10,000
Granite Construction, Watsonville $10,000

Modesto Bee
Road to Progress: Merced Co. needs road tax, too: Yes on Measure G...Editorial
http://www.modbee.com/2006/election/2006_progress/story/12898807p-13558229c.html
Editor's note: Measure G is Merced County's version of Measure K. The following is an editorial reprinted from the Oct. 7 edition of the Merced Sun-Star. Have Merced County's roads improved since June?...no...June as a reference point because that's when Measure A, a half-cent sales tax increase proposal to help fix our dilapidated streets and highways, narrowly failed to get the required two-thirds of the vote to pass. Had it passed, a long list of projects to improve our roads would have swung into motion by now -- most bolstered with state and federal funds that only are available to counties that pass "self-help" tax increases. Now, Measure G -- which essentially is identical to Measure A -- is on the November ballot. Voters must vote "yes." Why?...there's simply no other way to get the transportation dollars this community, No one has a better idea because there isn't one that is realistic or makes sense.

Road to Progress: No matter which way you look, we need to pass half-cent sales tax...Editorial
http://www.modbee.com/opinion/story/12898795p-13558233c.html
We, the citizens of Stanislaus County, are in the driver's seat...to our transportation future, and we're at a crossroads...we can see the mistakes of the last 15 years...other counties were willing to put their own money into local roads. With the passage of Measure K...half-cent increase in the sales tax from 7.375 cents on the dollar to 7.875 cents...1 billion over the next 30 years, and that money would help pay for several new interchanges on Highway 99 and for making Highway 219 a four-lane road across the northern part of the county...provide money for cities to fix dangerous intersections and to fill some of our infamous potholes...
provide money for transit for seniors and the disabled, and to boost commuter rail. Opposition to Measure K centers on two themes - mistrust of government and a dislike of higher taxes. All the money will be generated and spent within Stanislaus County. Local elected officials will make the spending decisions, with strong oversight by a citizens' committee.

Road to Progress: Who will keep an eye on how Measure K's funds are spent...Editorial
http://www.modbee.com/opinion/story/12898794p-13558232c.html
Spending decisions will be made by local elected officials - mayors, council members and county supervisors - and those officials will have a citizens' committee looking over their shoulders...expenditures will be audited annually in a document to be made available to the public. The policy board: It consists of all five county supervisors; three members of the Modesto City Council; and one member each from the Turlock, Ceres, Oakdale, Riverbank, Patterson, Newman, Hughson and Waterford councils. The technical advisory committee: This consists of the nine city managers and the county's chief executive officer, or their designees. The Citizens Advisory Committee: This veers from the current StanCOG organization. Measure K contains specific qualifications and responsibilities for the citizens oversight committee, which would be in place by July 1. Each city and the county will appoint one member, who will serve without pay. Members cannot be an elected official or a staff member of any city, county or state transportation agency. Members can serve no more than two four-year terms.

Road to Progress: San Joaquin gets money's worth from its version of Measure K...Editorial
http://www.modbee.com/opinion/story/12898788p-13558221c.html
San Joaquin County's roads are better than the roads in Stanislaus...Fifteen years ago, San Joaquin County voters decided to tax themselves a half-cent on most purchases, dedicating the money to fixing roads and building new ones...has completed 19 major projects. Santa Clara County was one of the first to pass a self-help sales tax in 1976... Los Angeles County has two permanent sales taxes (a half-cent each)... There also are permanent half-percent taxes in San Mateo and Santa Cruz counties. In all, there are 17 self-help counties and five agencies (such as BART) that have permanent sales taxes dedicated to transportation. Nearly 85 percent of all Californians live in self-help counties or districts. In November, voters in five more counties will be asked to pass sales-tax initiatives to fund road improvements. San Joaquin County wants to extend its half-cent tax through 2036. If Stanislaus' Measure K passes, San Joaquin will have a partner county to the south. That's critical because San Joaquin and Stanislaus share several vital roadways — Highways 132, 120 and 99 and Interstate 5...

Road to Progress: Not enough to keep roads where they are...Editorial
http://www.modbee.com/opinion/story/12898797p-13558236c.html
"I already pay enough in gas taxes. Use that money to fix and build roads."... We do pay a lot... There are two big factors at work: First, the price of road maintenance and construction is nothing short of astonishing. Second, gas taxes at both the state and federal levels also go to mass transit systems... Below is a summary, relying on information from several sources but primarily the California Budget Project, a nonpartisan organization based in Sacramento. It illustrates the complexity of the financing to note that when the organization prepared a background paper to explain the subject, it required 15 pages, much of it single-spaced. (The full copy is available at www.cbp.org.) FEDERAL TRANSPORTATION DOLLARS: Most of the U.S. Department of Transportation budget comes from federal excise taxes on fuel, which have been levied in every state since 1932. It started at a penny a gallon. The rate is 18.4 cents per gallon on gas and 24.4 cents on diesel. STATE TRANSPORTATION FUNDING: More than half of the California Department of Transportation budget comes from the state excise fuel tax and weight fees (paid by commercial truckers). Both charges went up substantially in the early 1990s as a result of voter approval of Proposition 111. LOCAL TRANSPORTATION MONEY: By the time state and federal funding reaches individual cities, counties and transportation agencies, it's a thin trickle with lots of strings attached.

Road to Progress: Blaming developers for potholes is simply wrong...Editorial
http://www.modbee.com/opinion/story/12898785p-13558217c.html
Some people believe...all of our area's road problems were caused by developers...only people who truly benefit from better roads are developers...developers are making so much money that they can afford to fix all our road problems. We can blame housing developers for seizing opportunities; for uncomfortably reducing our green space and for playing the game of politics just a little too well. But we can't blame developers for our badly maintained, overcrowded and largely inadequate roads. For a variety of reasons, our existing roads have been allowed to deteriorate for years. Whether developers are paying their fair share to fix our roads is still open to debate.

Road to Progress: Should Stanislaus County voters enact the half-cent sales tax...Dave Thomas, former radio-TV talk show host, is one of two official spokesmen for the No on K/We're Taxed Out committee
http://www.modbee.com/opinion/community/story/12898799p-13558235c.html
No: More money for bureaucratic bunglers? The proponents of Measure K promise a wonderful result...they will use it wisely... Well, let's look at what they say, and compare it to the facts found in the Stanislaus Council of Governments' "30-Year Transportation Financial Expenditure Plan" of June 2006. They say Measure K will "fix potholes and maintain local streets and roads in every community." But the plan allocates only 9.8 percent of the funds to "local transportation improvements." They say Measure K will provide "matching funds." Unfortunately, the plan allocates no matching funds to local projects, no matching funds to state projects, and only $1.3 million annually for all the promised federal projects. And the feds still determine which projects proceed. About 60 percent of Measure K funds will go to state highway corridors and interchanges. They say Measure K will not promote growth. But the plan identifies state and federal roads that go right to the areas of growth already identified by the cities of Modesto, Turlock, Patterson, Riverbank and Oakdale. They say they do not have enough money to maintain our roads. But the truth is, StanCOG already receives a quarter-cent of the current sales tax, which gives it more than $17 million every year. They say they are interested in fixing local roads. But the plan allocates only 24 percent of the funds for "local and regional" pavement fixes. Consider the obvious: Local bureaucrats have withheld funds to fix our roads in order to bludgeon you into raising your taxes. Have our local officials ever tried to lobby the state Legislature or the federal government for funds to fix our highway problems? Where are our elected Assembly members and senators? Why has our mayor never gone to Sacramento to obtain state grants in recognition of our abundant needs? Why have our supervisors not used their considerable clout to gain state and federal funds? Why have our federal congressmen not lobbied the feds to help us? Need I mention that the "watchdog" audit committee would be appointed by the politicians? Are you and I going to be appointed to that committee? You have seen the slick, multicolor mailers that tell only the part of the story they want us to believe. I encourage you to read the plan...

Road to Progress: Should Stanislaus County voters enact the half-cent sales tax?...Crag C. Lewis, Modesto businessman, chairman of the Yes on K campaign
http://www.modbee.com/opinion/community/story/12898798p-13558225c.html
Yes: Benefits individuals, cities, county alike. First, Measure K is the only way for us to take control of our own collective destiny as it relates to transportation. citizens wonder why Measure K is necessary to improve our roads given that we already pay a transportation sales tax (Proposition 42) at the gas pump...answer is that it will take about $48 million annually to maintain safe roads throughout the county...we can expect to receive no more than $11 million annually from Proposition 42...it alone is insufficient to maintain safe roadways. Measure K has ironclad safeguards that prevent the diversion of any funds to nontransportation projects... cities receiving Measure K money cannot substitute funds previously allocated to transportation with Measure K money... a citizens oversight audit committee... an annual independent audit... Second, Measure K will give Stanislaus County a much-needed advantage in qualifying for state funds... Third, Measure K will create new jobs and invigorate our local economy... Fourth, Measure K is the tax that literally pays for itself... Measure K will cost most residents $55 to $200 annually. Measure K will literally put money back into our pockets. The bonus is merely safer roads, less traffic congestion and air pollution, and a more robust economy

Oct. 14, 2006

Merced Sun-Star
Smoother roads ahead?...Leslie Albrecht
http://www.mercedsunstar.com/local/story/12897397p-13556945c.html
Measure G...For the third time in four years, voters will be asked to support a sales tax increase for road improvements...needs approval from 66.7 percent of voters to pass, debuted in November 2002 as Measure M. It failed, earning 61 percent of the vote. In June 2006 it was reborn as Measure A and garnered 63 percent of the vote, falling 795 votes shy of winning. Just five months later, it's back as Measure G. But with each failure, the voices of those opposed to the measure have grown louder. While there is no organized campaign against Measure G, grumblings from the Letters to the Editor section of the Sun-Star show the battle to finally pass the measure is far from over. If it passes, Measure G will hike the sales tax in the city of Merced to 8.25 percent -- within spitting distance of San Francisco's 8.5 percent -- for the next 30 years...would generate $446 million to help fund transportation projects countywide, from reconstructing Livingston's Main Street to building a new Bradley Overhead. Half the money would go to road maintenance. Kelsey said a Caltrans representative told the county earlier this week that if the governor's infrastructure bond measure passes and Merced achieves self-help status with Measure G, the county will be eligible for funding to widen Highway 99 from the Stanislaus County line to Livingston. The measure's most prominent critic is Cathleen Galgiani, a Democrat running for Assembly against Republican Gerry Machado...said the statewide transportation bond measure on the November ballot will provide funding for Merced County roads...noted that the transportation bond will set aside $614 million for eight Central Valley counties in addition to the $1 billion earmarked for widening Highway 99. William Stockard, a retired superintendent of Merced County schools, said Measure G only benefits developers and other businesses like the proposed Riverside Motorsports Park and the proposed Wal-Mart distribution center that "want to get free money."...said the county should cover the cost of road maintenance by charging developers higher impact fees when they build here. Charles Magneson, a farmer near Ballico-Cressey, said he's opposed to Measure G because some of the projects it would fund will create sprawl and eat up farmland..."(Measure G is) heavily funded by developers that are looking for those roads to encroach on farmland to make their developments possible." In June, fliers denouncing Measure A as "welfare subsidies for the Building Industry Association" appeared in the Sun-Star three days before the election. Measure G campaign has tweaked its strategy...raised about $200,000...with the large contributions from donors like developer Brookfield Castle LLC, Del Mar; construction company Teichert & Son, Sacramento; Foster Farms, Livingston; E&J Gallo Winery, Modesto; K. Hovanian Forecast Homes, Sacramento; Wellington Corporation, Morgan Hill; Team 31, inc., Morgan Hill; Atwater East Investors, Danville; and Ferraire Investment Company; Balico...endorsements from Rep. Dennis Cardoza, all three Merced chambers of commerce, five county newspapers including the Sun-Star, the entire County Board of Supervisors and the entire Merced City Council. If it doesn't win, Measure G could come back, but by law supporters would have to wait until the November 2008 election.

Vote no on Measure G...Robby Avilla, Stevinson...Letters to the editor
http://www.mercedsunstar.com/opinion/story/12897288p-13556793c.html
Merced County Association of Governments is telling Merced County residents, "It's the matching funds, stupid"...to elicit our votes in favor of Measure G....at the same time they stress that Measure G is for road maintenance. Matching state funds do not occur for local road maintenance projects. Matching funds are for major highway projects that will service still more developer-driven, farmland-robbing projects...look who has been the backbone of funding for these continuous half-cent sales tax measures that MCAG has been sponsoring. When developments with 3,500 housing units for a single project start coming before the Merced County Board of Supervisors for approval, we need to start putting the brakes on local developers' delusions of grandeur. Even if Measure G were to be passed, it would not be able to create enough fancy interchanges and bypasses to handle the traffic of the added development that it will green light. Give us a measure that we can support.

Modesto Bee

Measure K funds will misspent...Bruce R. Frohman, Modesto...Letters to the editor
http://www.modbee.com/opinion/letters/story/12897443p-13557039c.html
30-year tax on November's ballot will be spent on growth-inducing projects which should be paid for by fees on new development. Proponents told me the tax will promote development similar to San Joaquin County, which will lose all of its prime farmland in 40 years at the current rate of urban growth. Merced County recently rejected a sales-tax increase. Yet, it is presently building two major freeway interchanges! If the sales-tax increase is not passed, another proposal will appear on the ballot in the near future. Should we hold out for a better deal? Or would we prefer a second sales-tax increase to actually fix the roads?

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Letter to Merced County Planning Commission regarding the Riverside Motorsports Park final environmental impact report

Submitted: Oct 25, 2006

The following letter, partially read at the public hearing before the Merced County Planning Commission, remained in a basket beside the podium for speakers -- unread, therefore unconsidered by the commission -- for the duration of the hearing at the end of which the commission approved the EIR, General Plan amendment, zoning change and four other items on the project.

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

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

Steve Burke
Protect Our Water
3105 Yorkshire Lane
Modesto, CA 95350
(209) 523-1391, ph.

Mr. James Holland October 25, 2006
Merced County Planning Department
2222 M Street
Merced, California 95340
Fax: (209) 726-1710

Merced County Planning Commission
2222 M St.
Merced CA 95340
Tel: 385-7654 Via Hand Delivered

Re: Merced County Planning Commission Public Hearing on General Plan Amendment Application No. GPA03-005 and Zone change Application No. ZC3-007, Merced County Board of Supervisors’ Oct. 24 Public hearing to consider the issuance of a proposed decision and findings regarding the Airport Land Use Commission's Finding as to consistency between the Airport Land Use Plan and the Riverside Motorsports Park Project, RMP Master Plan, staff reports, findings, resolutions, and overrides.

Merced County Planning Commissioners:

This comment is made at the Merced County Planning Commission Public Hearing on Application No. GPA03-005 and ZC3-007, Oct. 25, 2006.

We challenge the propriety of the Merced County Planning Department to put this item before you today because the whole of the Riverside Motorsports Park project is dependent on an item heard but not decided yesterday by the county Board of Supervisors: Public hearing to consider the issuance of a proposed decision and findings regarding the Airport Land Use Commission's Finding as to consistency between the Airport Land Use Plan and the Riverside Motorsports Park Project (attached find our letter and attachments submitted to the board on Oct. 24).

First of all, we believe that RMP developers and Merced County were able to successfully lobby CalTrans into temporarily shrinking the size of the real hazard zone to 6,000 feet around the Castle airfield and that, once the racetrack is approved and built, the state will reinstate the original 10,000-foot zone.

For the commission to come to a decision today on this RMP application risks multiple violations of public process, which began when the board held a hearing yesterday on this illegally segmented, intrinsic element of the RMP application.

Yesterday’s board of supervisors’ hearing violated public processes and environmental review.

The staff report on yesterday’s public hearing on the proposed decision regarding the ALUC’s findings was so flawed that supervisors’ were not sure what they were voting on. One supervisor agreed to vote affirmatively only after it was explained that she would not be voting for an override of the ALUC’s consistency findings, but that she was only voting on a proposed decision that must be reviewed by the state Department of Transportation and the ALUC over the next month. In fact, the board was directed by staff to vote for an override.

“Proposed decision: Based on the foregoing recitals and findings, the Board of Supervisors overrules the ALUC Oct. 1, 2003 finding of inconsistency between the RMP project and the ALUP.” – Staff report on Board of Supervisors’ Public Hearing # 2, Oct. 24, 2006.

However, another glaring error occurred in the conduct of the board’s Oct. 24 meeting during the public comment period before the public hearing on the ALUC’s findings was even opened. The public packed the room and the lobby. The board chairman did nothing to stop them or direct the testimony to the proper time. Therefore, the bulk of the testimony given by both sides in the public-comment period will not become a part of the record of this public hearing. This raises even deeper concerns about the validity of the hearing.

We believe that legally compliant public process requires that the County incorporate the oral and written testimony given both during the public-comment period and during the public hearing and that the testimony be forwarded to the state Department of Transportation, the ALUC and the Federal Aviation Administration.

The issue of the override, upon which the RMP project depends, has not been decided and the validity of the board’s vote is in question. Therefore, the commission cannot know what it is voting on today and should not vote on the RMP application. If it does vote on the application, it will be complicit in a flawed public process and a flawed environmental process, because the ALUC’s findings and decision is intrinsic to this project and is being illegally segmented.

The public is constantly criticized for submitting material at public hearings. In this case, the County and the developers waited until a day before the planning commission public hearing on the RMP final EIR to railroad the board into overriding a local agency decision of such major importance that without it the project can’t go forward.

The Castle Master Plan, adjacent municipal and community plans, and the county General Plan updates have just begun. The purposes of these plans and their goals and guidelines are to act as reference points for judgment on new projects. These plans are crucial for guidance on projects with impacts the size of RMP, a regional motorsports facility adjacent to the longest airport runway in the San Joaquin Valley and a federal penitentiary, in the middle of one of the nation’s two worst air pollution basins.

General and specific plans are effectively the only means the present Merced County public has to defend its future against rampant growth. Deciding on these projects before these new plans have been adopted is similar to another example of county planning leadership under Robert Lewis: Hostetler’s illegal 42-inch pipeline through a mile of county land without any permit at all. Like that sewer line, RMP will determine the pattern of growth in its respective areas. Those development-driven plans will have very little to do with official “plans,” which the public pays hundreds of thousands of dollars to have prepared by trained planners. Nor is there any difference between the behavior of John Condren and Greg Hostetler in their blatant, successful efforts to influence county staff and special-interest-funded elected officials. Both of them use helicopters in interesting ways.

A letter from Condren to his investors stated:

Although it’s too early to start planning a ground-breaking party, we can report that RMP has won the support of 4 of the 5 members of the Merced County Board of Supervisors … and we may succeed in securing the unanimous support of the Board once the EIR is released.

In addition, RMP has secured the approval and support of State Senator Jeff Denham, US Congressman Dennis Cardoza, 5 Chambers of Commerce within Merced County, the City Councils of Atwater and Merced, and RMP has the support of the California Builders Industry Association. -- http://www.badlandsjournal.com/old/getarch2.php?title=RMP%20racetrack%20letter%20to%20investors

Hostetler told Supervisor Crookham in a telephone message:

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! -- http://www.badlandsjournal.com/?p=84

In the RMP project before you today, a similar corrupt pattern is evident: county Planning Director Robert Lewis is an officer of the ALUC, a direct conflict. Mr. Lewis is a very interested party in this project.

The RMP project is another perfect example of how Merced County does business and calls it government.

The county Planning Department has consistently failed to present the public with clear statements of the public processes involved in its projects. For example, the County cannot plead ignorance for its systematic failure to notify federal resource agencies on environmental review processes. The County knows the maps for habitats for endangered species like the San Joaquin Valley kit fox, and the County knows where Critical Habitat and Recovery Plan areas are located. The County understands that analysis of environmental impacts in Merced County cannot ignore compliance with federal regulations. The County also understands that it cannot indefinitely defer rapidly mounting quantities of unmitigated environmental impacts.

The Merced County public has raised the issue of living wages and health benefits in connection with Wal-Mart. We are also concerned that no one in this corrupted process of the RMP project has addressed the issue of union labor or benefits for non-union labor.

The Merced public understands that RMP and Wal-Mart are the anchor tenants for both ends of the UC Merced loop road. This isn’t planning. It is an absurd level of environmental destruction and it threatens public health and safety.

Yesterday’s board hearing segmented an essential part of the whole RMP plan away from environmental review as well as segmenting the timeline for public hearings on this project. Improper segmentation of the RMP project has occurred on four levels:

· Administrative: the ALUC decision, an essential element in the RMP project, has been improperly segmented from the whole of the project;
· Environmental: the ALUC decision is a part of the project as a whole and requires environmental review;
· Timeline: the County and the developer broke the hearings on what is one project into two days and two different forums;
· Administrative record: the County and the developer are fragmenting the records of these hearings to create an obstacle to legal challenge.

We strongly urge the planning commission not to vote on the RMP application today. In view of the mounting number of procedural flaws in the RMP permitting process, deciding on this application will only deepen the morass of conflicts into which the county is falling as a result of this and several other major projects.

The oral public testimony made yesterday during the public-comment period at the board meeting and the oral and written testimony offered during the public hearing on the ALUC decision must be incorporated into this project. The ALUC decision is so intrinsic to RMP’s project that it cannot construct the racetrack unless that decision is overridden.

We also urge RMP proponents to voluntarily withdraw their application before the commission today for the good of the county’s public process.

Finally, we would like to express our frustration at the County for having shared our letter with the RMP developers, causing a racetrack rally at the board chambers yesterday morning, while the County did not share with the public an adequate amount of information. This offers the public no incentive to get their comments in before public hearings.

Following yesterday’s board hearing, when members of the public requested a list of any additional written comments for the hearing from a clerk at the board office, the public was presented with forms to fill out. Members of the public now make an official request that before the County shares our comment letters with developers, it must first make a formal request to whatever members of the public wrote the comments so that we can track you, as you track us. Stacking information access against the public and tracking the public must stop.

Attached you will find our Oct. 25 letter to the Merced County Planning Commission and to the county Board of Supervisors on Oct. 24, and attachments.

We reserve the right to submit additional documents at the public hearing.

Sincerely,

Lydia M Miller Steve Burke

Cc.

Federal agencies
Marsha Burch, Esq.
Babak Naficy, Esq.
Don Mooney, Esq.
James Marshall, Esq.
Rose Zoia, Esq.
Susan Brandt-Hawley, Esq.
Bruce Owdom, Esq.
Keith Wagner, Esq.
Hal Candee, Esq. NRDC
Kim Delfino, Esq. Defenders of Wildlife
Mike Sherwood, Esq. Earthjustice
John Williams
Tom Adams, Esq.
Badlandsjournal.com
Other interested parties

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Wal-Mart, workers and brain-dead Babbitts

Submitted: Oct 13, 2006

Some recent clips on one of the greatest enemies of working people.

If this keeps up, Wal-Mart may go down in history as the poster child for resurgent unionism in America. If so, thank you, Wal-Mart, for being such a loud, domineering, shrill, braggart, rapacious and ugly corporation that you have become a huge symbol for corporate harm to working people, even to the extent of creating sustained, militant labor resistance to the pain you have caused through almost every one of your policies.

Wal-Mart is no longer a business firm; it is pure matastasis of unregulated capitalist greed and political juice. It will stand as the domestic retail-business equivalent of the Iraq wars as the legacy of the Republican Reagan and Bushes regimes.

Wal-Mart's plans for Merced would bring nothing but harm to public health and safety. Yet it continues, with the connivance of Merced City officials and the enthusiastic, suicidal rantings of the chambers-of-commerce crowd.

If the history of this period is written, it will be mentioned that the road to the Hell of global warming, class warfare, and air that kills was paved by local land-use authorities who ignored the cumulative impacts of environmentally, economically and socially destructive projects demanded by the sheer, energetic stupidity of business interests, rendered brain-dead Babbitts by Republican and church-sanctified greed.

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

http://www.commondreams.org/news2006/1013-05.htm
WakeUpWalMart.com Statement on Wal-Mart's Decision to Target Democrats in the 2006 Midterm Elections
WASHINGTON - October 13 - The following is a statement from WakeUpWalMart.com on Wal-Mart's decision to target Democrats in the 2006 midterm elections, as reported by the Minneapolis Star Tribune:
Today's Star Tribune reports, "The world's largest retailer is about to take the unusual step of distributing information about specific candidates to its 1.3 million employees nationwide, according to a company official. …Wal-Mart said it will specifically target local, state and national leaders who appeared this summer at a series of anti-Wal-Mart rallies organized by WakeUpWalMart.com, a union-backed group that has called on the retailer to offer workers better pay and benefits."
The following statement is attributable to Paul Blank, campaign director for WakeUpWalMart.com:
"Rather than embrace our positive vision for a better America, Wal-Mart has officially declared war on the Democratic Party, elected leaders, and every American who believes we should pay workers a living wage, provide affordable health care to all, protect American jobs and keep America safe.
Even though an overwhelming majority of Americans, including Democrats, Republicans and Independents, now reject President Bush's right-wing agenda that has brought us a culture of corruption, repeated scandals, shipped American jobs overseas and even jeopardized our national security, Wal-Mart is launching a political campaign to help keep President Bush in power by trying to defeat Democrats who called on Wal-Mart to be a more responsible employer.
From this day forward, no citizen, regardless of their party affiliation, should doubt how right-wing Wal-Mart's agenda really is. By opposing expanding health care to hard working families and their children, opposing a living wage of $10 per hour, lobbying to ship American jobs to China, and even lobbying against strengthening America's national security, Wal-Mart's agenda is extreme, misguided, and wrong for America. It is an agenda that no American could support, jeopardizes the future of our country, and is one of the key reasons why Wal-Mart's public image continues to collapse.
On behalf of the American people, we are not going to allow big corporations like Wal-Mart to take America in the wrong direction. In that spirit, WakeUpWalMart.com, with the help of 276,000 grassroots supporters, will be announcing a major new initiative next week that will make it clear to Wal-Mart and its right wing operatives that our movement will never stop fighting until the day Wal-Mart truly changes for the better.

Wal-Mart loses suit on work breaks...AP
http://www.latimes.com/business/la-fi-walmart13oct13,1,18655,print.story
Philadelphia - Wal-Mart Stores Inc. forced employees to work through rest breaks and off the clock, violating Pennsylvania labor laws, a state jury found Thursday. The jury, however, ruled in Wal-Mart's favor on the claim that it denied workers meal breaks. The jury now must decide damages in the class-action suit, which covers as many as 187,000 current and former hourly Wal-Mart workers. The Bentonville, Ark.-based retail giant is facing a slew of similar suits around the country. Wal-Mart settled a Colorado case for $50 million and was appealing a $172-million award handed out last year by a California jury. "This is the second [verdict]. With 56 more to go, I think it reinforces that this company's sweatshop mind-set is a serious problem, both legally and morally," said Chris Kofinis, a spokesman for WakeUpWalMart.com, a union-funded effort to improve working conditions at the stores.

Washington Post
Wal-Mart workers win wage suit...Amy Joyce
http://www.washingtonpost.com/wp-dyn/content/article/2006/10/12/AR2006101201608_pf.html
Wal-Mart Stores Inc. violated Pennsylvania labor laws by forcing hourly employees to work through breaks and beyond their shifts without overtime pay, a jury decided yesterday. The lawsuit, brought by two employees on behalf of almost 187,000 current and former Wal-Mart employees, claimed that the company made workers in Pennsylvania miss more than 33 million rest breaks from 1998 to 2001. At least 57 other wage-and-hour cases have been filed across the United States against the world's largest retailer, and many of them are awaiting class-action certification, according to company filings. In court, the lawyers argued that the company denied breaks to cut labor costs and increase productivity. The case is one of several class-action wage-and-hour suits against the company to go to trial. In December, a jury awarded $172 million to about 116,000 current and former Wal-Mart and Sam's Club workers in California who claimed that they were illegally denied lunch breaks. Wal-Mart is appealing the verdict. In 2002, a federal jury in Oregon found that Wal-Mart employees were forced to work off the clock and awarded back pay to 83 workers. In 2004, Wal-Mart settled a similar lunch break case in Colorado for $50 million. One of the pending cases, which accuses the company of paying men more than women nationally, is the largest private employer civil rights class action in history. Wal-Mart has asked an appeals court to overturn the class-action status of the case.

New York Times
Jury says Wal-Mart must pay $78 million in damages...Reuters
http://www.nytimes.com/reuters/news/news-retail-walmart-damages.html?pagewanted=print
PHILADELPHIA (Reuters) - A Pennsylvania jury said on Friday that Wal-Mart Stores Inc., the world's largest retailer, must pay $78.47 million in damages to current and former Pennsylvania employees for forcing them to work ``off the clock'' or during rest breaks. On Thursday, a state jury in Philadelphia found in favor of Michelle Braun and Dolores Hummel, formerly employed by Wal- Mart, saying the company violated Pennsylvania labor laws by failing to pay employees for the work. It awarded about $2.5 million for off-the-clock working and about $76 million for lost rest breaks between March of 1998 and May of 2006. The award was another blow to Wal-Mart's image, which has been tarnished by accusations by labor unions, politicians and others that it pays poverty-level wages and mistreats workers. Before deliberations began in Philadelphia's Court of Common Pleas, Donovan argued that Wal-Mart employees were forced to work through their breaks because the company wanted to maximize profits.``Wal-Mart doesn't understand anything but numbers,'' he said. ``In order for Wal-Mart to understand this, it needs to see numbers, big numbers. ''Neal Manne, an attorney for Wal-Mart, who asked the jury to award $287,000 for off-the- clock working and $6.65 million for missed rest breaks, argued that many employees had in fact taken breaks without swiping their ID cards to indicate they were on a break. In December, a California jury ruled that Wal-Mart, based in Bentonville, Arkansas, should pay $172 million in damages and compensation to about 116,000 current and former employees for denying meal breaks. Plaintiffs in the 2001 California lawsuit claimed Wal-Mart had failed to pay hourly employees for missed or interrupted meal breaks.

City going wrong way...John S. Holmes, M.D., Merced...Letters to the editor
http://www.mercedsunstar.com/opinion/story/12892244p-13552691c.html
Valley only going to get hotter," Sept. 30, and "Work still needed on our air," Oct. 4...You correctly point out that our air quality is still bad and that global warming is looming as a huge problem in the near future. You also make the connection to automobiles and trucks as major culprits. What is so perplexing is why you have so much difficulty connecting the dots to the kinds of economic development Merced County is pursuing. The Riverside Motorsports Park and the Wal-Mart Distribution Center will only aggravate our air quality problems. The local air board has all but admitted we won't be able to meet the 2010 deadline for clean air. Economic development is important, but only within responsible parameters that protect the public health. Your editorial "Study underscores need for clean air," April 4, clearly shows the extent air pollution in the Valley is jeopardizing the public health. A free, independent press is essential for our democratic system to function properly by holding those in power accountable. It is past time for the editors to start connecting the dots on air quality issues.

City wants subdivision to build roads, fund fire station...Adam Ashton
http://www.modbee.com/local/story/12892435p-13552938c.html
Modesto released a draft environmental impact report Thursday for a development that would bring more than 3,200 homes and a regional commercial center to the city's northeast border...Tivoli...454-acre project backed in part by Modesto real estate magnate Mike Zagaris...the city expects Tivoli's backers to cut checks for everything from widening roads to wetlands preservation. As is, Tivoli requires a zoning change because the area's land-use designations would limit the project to about 900 fewer homes. The city's zoning restrictions also would permit less space for commercial development. The initial environmental report urges city leaders to require that developers: Set aside money for farmland preservation by contributing to an agricultural resource fund. Designate land for a new fire station and give the city money to build it. Pay their share of a series of road improvements, including projects to extend and widen Claratina Avenue, expand three McHenry Avenue intersections and add lanes to Briggsmore Avenue.
Take steps to limit air pollution during construction by refraining from idling trucks, using new technology and building wind barriers. Encourage alternative transportation options by installing bike lanes and reserving space for bus routes. Dig two new wells to maintain water pressure. People have 45 days to comment on the environmental report before the city begins revising it.

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Annals of UC flak

Submitted: Sep 10, 2006

Hypocrisy at Davis (1)

UC Davis, where pedestrians must constantly dodge bicyclists, presents itself as an environmental paradise. Recently, it has decided to voluntarily study its own greenhouse emissions, joining a group of 88 members of

the climate registry ... created by state law in 2000 as a strictly voluntary program for businesses, governments and organizations wishing to measure their output of carbon dioxide and other gases that trap heat in the
atmosphere.

Davis "prides itself on environmental research, eight cents of every research dollar goes to air-quality studies." It also graduates legions of environmental specialists who become consultants to teach local land-use authorities how to dodge the California Environmental Quality Act, the federal Endangered Species, Clean Air and Clean Water acts so that California can continue to grow, particularly in the only two areas -- Los Angeles and the San Joaquin Valley -- where air quality has reached a unique nadir: "extreme non-attainment" of the health goals set by the Clean Air Act.

In the last decade, UC Davis has also sought to include the most dangerous level of biowarfare laboratory in the nation (and probably the world) on its campus. The Davis City Council made its extreme displeasure known and UC backed down. Now, UC's Lawrence Livermore National Laboratory is trying to site the same kind of facility just outside Tracy. UC Davis successfully defeated a citizen's group in court in its plans to build faculty housing on a plot originally deeded to the campus for agriculture. This housing project will worsen air quality in Davis.

UC Davis was perhaps responding to the hoopla around the recent passage by the state Legislature of AB 32, California Global Warming Solutions Act of 2006.

"I give them a lot of credit because they're willing to do this," said Joel Levin, the registry's vice president of business development. "Some of the campuses are very reluctant to turn the microscope on themselves."

This is despite avid support by the UC Office of the President for systemwide
participation.

Maric Munn, associate director of energy and utilities for the UC system, said many of the campuses are growing, and officials are nervous that their global-warming emissions are rising as a result.

"They're afraid of criticism from the outside," Munn said. "That's been a huge
impediment."

UC Merced's former chancellor, Carol Tomlinson-Keasey, is so nervous about global warming that in public she called it "climate change."
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UC Bobcatflak

The Discovery Room (2)

At UC Merced, thanks to a donation from the Gonella family, it seems as if both the campus and students will have a place to test new technology. First in line is an electronic blackboard.

Our only question is so dumb it is almost not worth asking, nevertheless ... Given the enormous amount of flak ceaselessly generated from the most efficient offices at the campus, its public relations group, this is supposed to be the greenest, most environmentally friendly UC campus among the 10 of them. Completely contradicting this claim is the equally ceaseless barrage of flak about the high energy-use technology installed there. It is as if, in the weird world according to bobcatflak, in order to be a legitimate UC campus, UC Merced must master the bad-faith lingo of environmental hypocrisy while bulking up on energy-squandering technological gadgets.

"This is like the IMAX classroom instruction," said Instruction Librarian Michelle Jacobs.

"It really engages students."

Dude!
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Meanwhile, down on the boardwalk (3)

UC Santa Cruz is suing to obstruct two measures that would give City of Santa Cruz residents the right to vote to approve extending sewer and water services to further expansions of the campus beyond Santa Cruz city limits.

This is viewed by UC flak as a "town and gown" problem, of the sort the new town beyond the city limits of Merced is supposed to cure (with other peoples' sewer and water services). It is also intended to conjure up images of barefoot Parisian beggars mugging gowned professors disputing nominalism and realism during the Black Plague.

What the story fails to mention, because it is sourced solely from UC flak and city officials, is that local citizens -- neither barefoot, poor or uneducated -- have brought an excellent suit against UCSC expansion plans on environmental grounds.

The local rebellion against UCSC expansion also reveals that UC can almost always come to some sort of agreement with the local land-use authority, whose pro-growth elected officials seem to nearly squeal with joy to be in the company of UC officials, while the citizens of the city and surrounding region are no longer charmed.

Another coastal cloud shadowing these proceedings is the recent state Supreme Court decision concerning nearby CSU Monterey Bay (the former Fort Ord), which clearly states that public universities and other state agencies in California can no longer get by with just identifying off-site impacts from their construction and growth -- they have an obligation to pay for them.
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UC Merced

Guinea Pigs (4)

The campus received a $300,000 grant to

work with undergraduate students over the next three years to gain new information about how humans make logical and intuitive decisions.

The research aims to produce a computer model of how the brain works when making decisions, and to determine if people can be taught to use logical deliberation, even when it conflicts with their intuition and personal beliefs.

Apparently, the grant is shared with the University of Massachussetts, which will dispatch graduate students to study UC Merced undergraduates.

Bobcatflak claims the study as

an opportunity to engage more undergraduate students in research -- a top priority for the university.

From guinea pig to research scientist in one easy lunge for the pork!

Problems we see in this study:

U Mass is not a bastion of California culture, considered by a number of students of the state to be one of the most complex cultures in the world. UC Merced takes great pride that its students are the "true face of California." There are going to be some interesting culture clashes that may not relate too clearly to either logic or intuition.

The way to teach logical deliberation is to teach logical deliberation. There are books on the subject -- a great many of them, all the way back to the Greeks. You teach and study them to develop an understanding of logic. It is called education. It is quite a venerable tradition that has worked for a lot of people.

The way to develop intuition in students is to give them good literature to study and to discuss it with them.

Students' personal beliefs ought to be left alone. That route can very quickly lead to violation and psychological trouble.

The purpose of an education is to develop the students' capacity for both logic and intuition. It is not to make them guinea pigs in an experiment to develop a computer model.

The bobcatflak, of course, contradicts the fundamental rules of such research projects and invites the problem of the "dreaded Hawthorth Effect," in which the human objects of the study become engaged in the study and contaminate the data. Either the flak is just the usual UC babble to the barefoot townies, or these people are incompetent to run such a study.

In fact, the whole idea of UC involvement with logic is suspect, given that its public utterance is almost entirely purile sophistry, only occasionally leavened with a bit of mediocre rhetoric.

In the Badlands editorial board's research into logic, we have noted that it is often accompanied by critical thinking. We propose that UC Merced students be placed before the environmental impact reports on the campus and asked to grade them according to logic. Following that exercise, perhaps they could study transcripts from the hearings of the various local land-use authorities that approved these documents, the legal briefs arising out of those approvals, and the judges' decisions. From this study, they might intuit something new and different, something critical, in fact.
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Bobcatflak

A real heavyweight (5)

Dr. Rolland Winston received the first annual Frank Kreith Award for his advanced original work in non-imaging optics, which improve the efficiency of solar power panels, among other applications. This year Dr. Winston also completed the first textbook on the subject.

If the community, the university, and its shared newspaper had any sense of priority in these matters, this item would have led, because this is authentic research, brought to fruition and of great potential significance.

We live in a community whose congressman, Dennis Cardoza, Polar Bear Slayer-Merced, has just introduced a modestly title bill, "Empowering America Act of 2006," to provide more federal government subsidies to the solar power industry. No more gutting the ESA for the former Shrimp Slayer. He's into
energy now.

Solar energy lobbyists analyze the bill this way:

The "Empowering America Act of 2006" would extend federal solar investment tax credits for homeowners and business through 2015, and make modifications similar to those contained in S. 2677 and H.R. 5206, the "Securing America's Energy Independence Act." The popular solar tax credits are currently set to expire next year.

In other words, small potatoes with a pompous title, about what we would expect.

We have also seen in the last week passage of a bundle of alternative energy bills in the state Legislature, the largest of which is the momentarily famous California Global Warming Solutions Act of 2006.

Kreith, a professor of mechanical engineering in Colorado, worked for years at the government's solar power lab in Golden.

Winston did most of his work at the University of Chicago. In 2004, a North Carolina-based company, Solargenix, obtained from the University of Chicago exclusive worldwide licenses and rights to develop and market Winston's technology for "all solar applications."

Art Linkletter, a Solargenix investor, proclaimed at the time with a hyperbole to which Cardoza could only aspire, “We have, through Dr. Winston, a patent on the sun.”

What Linkletter and other investors had, in fact, was technology good enough to interest Acciona, a Spanish construction and energy corporation, who bought a controlling interest in Solargenix in February of this year for around $30 million.

The solar industry strategy of the moment is to use solar power as a domestic or
commercial peaker plant, supplying the last 10 percent of energy during peak-use times. This seems to account for the problems of manufacturing and installation. The California bill provides more subsidy in the beginning than at the end of the program. It doesn't seem to make sense from the solar industry point of view, but it may relate to expectations of lower state revenues in coming years.

Cardoza installed solar panels on his house. More people in town ride bicycles, too, but mainly because they are desperately trying to save on gasoline bills. Cardoza's installation and a great many more like it, if they occur, are not going to lift this Valley out of the extreme non-attainment category it shares only with Los Angeles.

The problem is primarily the cars that come with all the new houses, not the houses themselves. But, if, like Cardoza, you've made your entire career out of politically clearing away obstacles to the manic growth boom -- starting with siting the UC campus in Merced on through the various attempts to change environmental law and pressure the regulatory process -- you have done nothing but worsen the environment and public health in Merced, feathering a few favored nests along the way.

It is almost impossible to imagine in the midst of this housing boom, but there are 10 states in the northeast and the midwest with static populations and North Dakota is losing population.

Hats off to Dr. Winston for his achievements. But, we should not be diverted by the glamor of UC technology or Winston's fame, from the fact that air quality, water quality and quantity, and public health diminish here with this manic construction boom induced by the location of UC Merced. In the Valley we don't need UC to teach us how pork barrels work and for how few they work.

Bill Hatch
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References

1. UC Davis takes stock of its own air impact
School with a reputation for environmental study tallies its greenhouse emissions as part of a climate registry program.
Sacramento Bee - Sept. 5, 2006

At the University of California, Davis, which prides itself on environmental research, eight cents of every research dollar goes to air-quality studies. Yet the university does not know how much its campus contributes to global warming pollution.
An answer to that question is coming.
As one of the newest members of the California Climate Action Registry, UC Davis is in the midst of calculating its own emissions of greenhouse gases.
Once an obscure exercise done mainly by organizations most interested in environmental stewardship, taking inventory of greenhouse gases is going mainstream ...

2. UC Merced opens room for technology
Merced Sun-Star - Sept. 7, 2006

Today's college students are accustomed to living in a technology-infused world. Laptop computers and the Internet are standard in most college classrooms.
But as a 21st century research university, UC Merced is aiming to take campus technology to the next level, university officials say.
In a small classroom on the second floor of the university library -- the Gonella
Discovery Room -- some of the latest technology is auditioning for a campuswide role.
Among the technologies the university is testing is a Smart Board, a modern-day chalkboard that operates electronically.
The 72-inch board allows instructors to project an interactive image of a computer screen large enough for students in the back of the room to see.
Colored electronic marking pens -- they work by sending signals to the computer
controlling the board -- allow teachers and students to "write" on the board over
projected information, such as lecture notes, outlines, maps or diagrams.
"This is like the IMAX classroom instruction," said Instruction Librarian Michelle Jacobs.
"It really engages students."

3. UC sues Santa Cruz over water measures that could limit expansion
San Francisco Chronicle
http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2006/09/06/BAGD7L01C71.DTL&type=printable

The University of California is suing to block...city of Santa Cruz from casting ballots on two measures that could restrict expansion of UC's local campus...measures placed on the Nov. 7 ballot by the Santa Cruz City Council and would...give city voters the final say over providing water and sewer services for future campus growth. The university...opened its Santa Cruz campus in 1965, believes the measures would undercut and violate its historic water rights granted under agreements signed with the city decades ago. In two weeks, UC's governing Board of Regents is expected to discuss a long-range development plan that would expand the Santa Cruz campus northward to add about 4,500 more students by 2020. All of UC's nine undergraduate campuses are expected to grow in coming years. Measure I would bar the city from providing any municipal services for the northward expansion outside city limits until the university has mitigated any negative impacts from the growth, particularly on housing, traffic and water. Measure J would amend the City Charter to require voter approval before the City Council could provide water and sewer services for the new growth. The university's suit alleges that the city did not do an adequate environmental review as required by state law before
placing the measures on the ballot and did not provide enough opportunity for public review and comment. In addition, the suit says, the city and university have contracts dating to the 1960s for the city to provide UC Santa Cruz with water service. Under agreements from 1962 and 1965, the city is obligated to provide water services to all parts of the Santa Cruz campus, including areas outside city limits, the suit says. Santa Cruz City Attorney John Barisone...We are not opposed to growth. What we are opposed to is campus growth that is not mitigated....the city relies on surface water, and during the last drought, the city had to impose water rationing...the city wants the university to delay its expansion until the city knows it will have more water.

4. Professor to explore reasoning
Merced Sun-Star -- Sept. 8, 2006

The National Science Foundation has awarded a $300,000 grant to UC Merced professor Evan Heit to fund research that will explore human reasoning.
Heit will work with undergraduate students over the next three years to gain new
information about how humans make logical and intuitive decisions.
The research aims to produce a computer model of how the brain works when making decisions, and to determine if people can be taught to use logical deliberation, even when it conflicts with their intuition and personal beliefs.
Heit says the research is not only a way to discover new information about how humans think, but also an opportunity to engage more undergraduate students in research -- a top priority for the university.
Eventually, the research could help track the development of thinking skills in elementary and high school students.
UC Merced shares the grant with the University of Massachusetts, which will send graduate students to Merced to participate in the project.

5. Research honored
Merced Sun-Star -- Sept. 8, 2006

UC Merced professor Roland Winston has been honored for his research in solar technology.
The American Society of Mechanical Engineers, which honors innovations in conservation and renewable energy, chose Winston to receive its first-ever Frank Kreith Energy Award for his work in nonimaging optics.
Winston will accept the award in Chicago in November at the ASME's annual conference.

6. National Center for Photovoltaics, PV Roadmap, Executive Summary

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California Global Warming Solutions Act of 2006 passes state Legislature

Submitted: Sep 04, 2006

The state Legislature passed a bill to address global warming.

www.leginfo.ca.gov, AB 32, Enrolled

AB 32, Nunez Air pollution: greenhouse gases: California Global
Warming Solutions Act of 2006.

This bill would require the state board to adopt regulations to
require the reporting and verification of statewide greenhouse gas
emissions and to monitor and enforce compliance with this program, as
specified.

The bill would require the state board to adopt a
statewide greenhouse gas emissions limit equivalent to the statewide
greenhouse gas emissions levels in 1990 to be achieved by 2020, as
specified.

The bill would require the state board to adopt rules and
regulations in an open public process to achieve the maximum
technologically feasible and cost-effective greenhouse gas emission
reductions, as specified.

The bill would authorize the state board to
adopt market-based compliance mechanisms, as defined, meeting
specified requirements.

The bill would require the state board to
monitor compliance with and enforce any rule, regulation, order,
emission limitation, emissions reduction measure, or market-based
compliance mechanism adopted by the state board, pursuant to
specified provisions of existing law.

The bill would authorize the state board to adopt a schedule of fees to be paid by regulated sources of greenhouse gas emissions, as specified.

Nearly the same dismal roll call of Valley Assembly members that helped defeat a bill to add a doctor and an environmental specialist to the Valley air board voted against this one:

NOES

Aghazarian, Blakeslee, Cogdill, Matthews, Maze, McCarthy, Parra and Villines.

The political careers of Valley Assembly members hinge on their ability not to see air pollution, smell it, hear about it or speak its name. The believe in the Maricopa County AZ version of heaven: carpenters building houses for other carpenters.

Assemblyman Dr. Keith Richman, who declared to the Sacramento Bee this weekend that "the system is corrupt," also opposed this historic bill. He must have taken the Hypocritic Oath.

The bill passed in the Senate along straight party lines.

How does a commitment to confronting global warming violate Republican Party principles? Is the only kind of aggressive bipartisan support in this political system to be acts of destruction of environmental law, like the gut-the-ESA bill launched last year in Congress by representatives RichPAC Pombo, Whale Slayer-Tracy and Dennis Cardoza, Polar Bear Slayer-Merced, on behalf of the greediest, most environmentally destructive special interests in their districts?

The bill is fairly vague and there will be a lot of room for polluters to maneuver -- but it showed some political imagination, at least. If, however, this "vision" is allowed to overcome reality, nothing will be done about the present, the urgent, the immediate environmental problems, as local, state and federal resource agencies vie to ignore or sidestep existing law and regulation and to create firewalls against having to enforce any of them. Bellowing a vision is impressive, but in these matters a large stick is required.

The bill was opposed by the entire array of agribusiness, aggregate and shippers, the Building Industry Association, the state Chamber of Commerce and several Valley chambers.

It was supported by nine pages of impressive, diverse and prominent interests. But it is entirely possible the California Global Warming Solutions Act of 2006 is just a huge LA feel-good con and and a latter-day gasp of California can-do arrogance.

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Oily Pomboza slithers through town

Submitted: Sep 02, 2006
Cardoza is co-sponsoring a bill that would open the Arctic National Wildlife Refuge to oil exploration and earmark the federal income from it for alternative energy development. - Modesto Bee, Aug. 23, 2006

Of course the principle sponsor of the bill is Rep. RichPAC Pombo, Buffalo Slayer-Tracy. We pondered the Pomboza's co-sponsorship of this bill and considered upgrading their party affiliations to suit their growing arrogance and destructiveness. Pombo should now be called Whale Slayer, and Rep. Dennis Cardoza, Polar Bear Slayer-Merced.

While covering a complicated debate about milk nutrition at the state Capitol in 1999, I asked Cardoza, then chair of the Assembly Committee on Agriculture, how legislators, very few of whom are scientists, deal with conflicting expert scientific testimony. He replied that not all scientific testimony was always the best, leaving unanswered how legislators judge between the best and the rest. In that case, an Arizona dairy processor was trying to crash the California skim milk market with lower-standard federal skim milk. The Arizonan had a lot of money and Southern California was rapidly losing its dairies in Chino and San Diego County. However, he was going against the biggest dairy state in the nation.

His argument that there was no difference between the nutritional quality of federal standard skim milk and California standard skim milk was found not to have been the best science.

After several days of reviewing clips on the so-called 2007 Farm Bill and the Pomboza's recent, perfectly coordinated tangents, I recalled the story, the tedious research, the mountains of material presented by the California dairy lobbyist and the Assembly ag committee's chief consultant, and my editors' irritation at the convoluted results. Yet, no one asked the simple question: if it's good enough for 49 states, why isn't it good enough for California? Presumably this was because Cardoza represented our district, was the chief of Assembly ag, and Merced is the second largest diary county in the nation. The debate was about market share, not science.

The same was true about Cardoza’s plan to mitigate the loss of farmland caused by UC Merced and its induced growth through the Williamson Act, which turned out to help developers holding farmland as much as it has farmers in his district.

On Aug. 23, Cardoza, now a congressman and a member of the House Committee on Agriculture, held a breakfast at the Stanislaus Agricultural Center where, in an address supposedly focused on the 2007 Farm Bill, he spoke almost exclusively about alternative fuel sources, mainly ethanol. Two days later, Pombo, appointed vice chairman of the agriculture committee in March, held a workshop in Stockton on alternative fuel sources, centered on a proposed site for a biodiesel plant. At present, Pombo remains chairman of the House Committee on Resources, where Cardoza also serves.

Little if anything was reported about either congressman addressing local farm issues, even dairy subsidies, let alone cotton and rice. Cardoza waxed rhapsodic about alternative energy, the Modesto Bee reported:

The upcoming federal farm bill provides a chance to pursue alternative energy sources, Rep. Dennis Cardoza said Tuesday.

Cardoza, speaking to about 75 people at the Stanislaus County Agricultural Center, said the bill could promote ethanol and other fuels extracted from corn, dairy manure, cottonseed and other farm sources.

The legislation would outline five years of spending on agriculture and nutrition. Cardoza said the bill, which he is helping to craft as a member of the House Agriculture Committee, could include a section on energy.

The Merced Democrat said farmers in the upper Midwest are prospering because of ethanol production from their corn, and windmills and solar energy systems on their land.

Huh? So what? The highest priority in Cardoza's district is saving farmland from urban development. To legitimately represent farming in his district, he had to address Farm Bill programs that might help arrest slurb.

The most obvious effect of more Midwest corn and soybeans going into ethanol is a rise in corn and soybean prices California dairymen import from the Midwest. According to one Merced dairyman, they are already receiving a $15/ton fuel surcharge from the railroads to account for higher fuel prices.

So, given that Cardoza is just babbling to an audience of Washington energy lobbyists about the 2007 Farm Bill, let's drift back to the money and see if anything is revealed. According to the Environmental Working Group's farm subsidy databank, corn is the commodity that receives the largest amount of farm subsidies: $42 billion from 1995-2004, while dairy program subsidies amount to only $3 billion. We would have thought, in the second largest dairy-producing congressional district in the nation, the congressman might have spoken about raising that a bit.

But, there is another factor that probably provided the primary guidance for Cardoza's remarks – he lives in Pombo's hip pocket. At a workshop on alternative energy attended by the US Secretary of Commerce, Pombo took aim at next year's energy bill to say that the federal government must help private energy companies develop alternative fuel supplies. Presumably, this means tax credits and subsidies. However, it might also mean that Pombo is in the tightest race of his career against a wind energy consultant, Jerry McNerney. McNerney, a Democrat, has already been endorsed by US Army Gen. (ret.) Wesley Clark and Pombo's two Republican primary opponents, Tom Benigno and Pete McCloskey. Pombo, is a crook, voted one of the 13 most corrupt members of US Congress, who should have gone the way of Tom DeLay, has been blasted by the New York Times, the San Jose Mercury-News and the Sacramento Bee for his corrupt, lawless activities as chairman of the resources committee.

Given the stench of corruption surrounding Pombo, it is a certainty that it extends to Cardoza, the rear end of what some local dairymen call the "Pomboza."

We inquired into the subject of biofuels, the ostensible reason for Pombo's all-day theater at the Port of Stockton, because it did not quite ring true to us that the Pomboza is now promoting small, independent entrepreneurs to replace the large energy companies.

In fact, it occurred to us that whatever happens in the upcoming energy bill, it will -- probably regardless of what party controls the House at the time -- be dominated by the Bush/Cheney administration, committed to the obscene profits of oil and gas company top executives.

We did not have to look any farther than the UK Monsanto website for the answer to our question in its informative article about biodiesel. When Rudolph Diesel first demonstrated his engine at the 1900 Paris Exposition, he ran it on peanut oil. He designed the engine to run on a variety of fuels so that farmers far from a source of petroleum would be able to use locally produced vegetable oils. He was quite possibly murdered by agents of oil interests for this fuel promiscuity. Fascinating as the fate of Diesel was, more to the point was the observation made by an executive of a Colorado biofuel start-up, SunFuels, who expressed confidence "big oil" would not try to suppress them:

"They are going to need us once they need to improve their fuel because of the EPA's requirement to remove sulfur from diesel," Lafferty says. "The big boys let the little boys-like us-hash it out, work out the kinks, then buy us out. It's a common trend."

In other words, the Pomboza, acting at the direction of the energy corporations, gets as much R&D subsidy and credits as possible for the entrepreneurs to work out the price, then the energy corporations buy them out. What looks like a pitch for the creative innovation sparked only by economic competition is a front for the oil cartel's control of the creators, the government, the politicians and the market.

Lafferty's remark provided context for the comments of a biofuel executive attending the Port of Stockton workshop, where nothing but a biofuels plant site has yet been proposed:

American Biodiesel Chief Executive Office, Lisa Mortenson, who led the tour of the proposed facility, applauded the renewable energy incentives in the last energy bill.

By extending a biodiesel tax credit, you have given our investors confidence, she said. It is very important to have that commitment at the Federal level.

(In other words, without sizeable federal subsidies, this industry will not begin.)

American Biodiesel's website announces that it will begin construction by mid-2006 on a biodiesel plant in Toledo, Ohio. It's main investor is Michigan-based Delta Fuels, a high profile Clean Air Act violator. American Biodiesel also announces it will produce a 100-percent biodiesel product but will also produce blends

Biofuels produce less greenhouse gases. Depending on the blend, biodiesel is somewhat cleaner than ethanol, according to the Environmental Protection Agency.

It is instructive, however, to ask the question: how does this help California? If we converted our entire shrinking farmland acreage to the production of corn and soybeans to take advantage of the new market for biofuels, would we be better off?

Not only would our economy certainly not be better off, but an argument proposed by UK Guardian science columnist George Monbiot suggests that biofuel is one of the most dangerous enthusiasms of the times. Markets, he points out, are not about people; they are about money. The exploitation of natural resources in a finite world reaches a finite end, and there is an immense cruelty when, on the anticipated global level, land committed to subsistence farming is converted into biofuel production. He noted the tremendous destruction ongoing in Malaysia as forests are burnt to make way for palm-oil groves, which will soon wipe out an entire suite of rare and endangered species starting with the Orangutan. He noted huge destruction of Brazilian rain forests for the production of soybeans for livestock feed. He predicted that UK Prime Minister Tony Blair’s plan to turn Africa into a biofuel plantation would cause immense human suffering and starvation. He concluded his investigation into the subject with these words:

We need a solution to the global warming caused by cars, but this isn’t it. If the production of biofuels is big enough to affect climate change, it will be big enough to cause global starvation.

About the time Pombo was holding his workshop on alternative energy, farmers and developers in his district were trying to reach some accommodation about mitigation for farmland loss. They failed, as usual and as badly as the state Legislator failed to produce a flood bill that would provide responsible local land use policy, including fiscal responsibility for land-use decisions, and would at the same time appease the insane greed of developers.

So, what happened politically in the north San Joaquin Valley last week? This latest performance was straight Pomboza Theater of Diversion. People here, as everywhere in the nation, want to know how to get out of Iraq before we leave an army there, as Napoleon once did in Egypt. Farmers, naturally, want to know what is in it for them in the new Farm Bill. Many people were appalled by Israel’s invasion of Lebanon, particularly by the unexploded cluster bombs left in the last 72 hours of hostilities, when Israel knew the war was ending. Already, these unexploded bomblets have claimed nearly 100 victims. Growing numbers of people from all political persuasions, many of them Jews, think Israel is guilty of major war crimes in that assault. Bush’s popularity has not been out of the mid-30-percent range for weeks. Yet Democrats, even a Democrat like Cardoza, running unopposed, will not stand up.

A friend counseled me that there are many people these days who don’t know the difference between right and wrong and have no moral fiber. Perhaps that’s the answer and perhaps it can be extended to a majority of the members of Congress.

What we may be witnessing here is a large group of elected officials who have enormous power, given the nation in which they serve, without any idea of how to use it for anything but bad purposes because ideologically they don't believe in government and are hopelessly bought by special interests with single issues and no responsibility for intelligent compromise to produce wise policies.

Thomas Frank, author of What’s the Matter with Kansas, put it this way:

What we have watched unfold for a few decades, I have argued, is a broad reversion to 19th-century political form, with free-market economics understood as the state of nature, plutocracy as the default social condition, and, enthroned as the nation’s necessary vice, an institutionalized corruption surpassing anything we have seen for 80 years. All that is missing is a return to the gold standard and a war to Christianize the Philippines.

Nick J. Rahall, II, Ranking Democrat on House Resources Committee spoke against the Deep Ocean Energy Resources Act, enthusiastically supported by Pombo, the chairman of the resources committee. Rahall is from West Virginia, where they know more about human costs of energy production, worker exploitation and corporate greed than the Pomboza will ever comprehend. It is so utterly unlike any political discourse we will ever hear in this region and it is the voice of a patriotic American, I quote it in full. Rahall names the national enemy to which the Pomboza sold its soul.

Mr. Chairman, I yield myself such time as I may consume.

I rise in opposition to the pending legislation on the basis that I am unwilling to vote against America’s energy independence.

This bill would continue to mortgage our Nation’s future to a handful of multinational oil conglomerates. It demands a continued addiction to a petroleum diet. It would only further enslave us, as a Nation, as a society, to the oily ways of the past, which do not bode well for our energy future.

It is telling that the so-called "Energy Week" proclaimed by the Republican Majority consists of a single piece of legislation that would only further shackle the Nation to the whims and caprices of the petroleum industry.

It is telling that this is their idea, as it has been all along, of what energy
independence means.

As Paul Revere did on that famous midnight ride, those of us opposed to this ill-conceived bill are raising an alarm.

The drumbeat that we hear pounds out a call of freedom.

Freedom to be done with those who profit and plunder at the gas pumps throughout this country. Freedom from the price gougers, and freedom from the merchants of profit and power over our American values. And the freedom to devise new and alternative fuels to our petroleum dependency.

It is time to stand up and be counted. To hoist up the flag and salute it. To strike a
resounding chord that will reverberate across this great land of ours.

I say to my colleagues that today is truly Independence Day here in the House of
Representatives for we are given an opportunity to vote against this bill.

And vote against it on the following grounds.

First, it would improperly and, perhaps unconstitutionally delegate to the coastal States virtually all decision-making powers over the disposition of a federal resource. It says to all of the other owners of our offshore waters and energy resources – whether they reside in Arizona, Idaho, Ohio or West Virginia – that you have no say in the matter. No say whatsoever. That we are going to vest all of the power with a few, to the detriment of the many.

Second, it would grab the second largest source of income to the Federal government after personal income taxes, yank this revenue out of the Treasury, and redistribute it to those few.

Let us be clear. This bill would reallocate existing revenue from OCS oil and gas leases to willing coastal States. Not just future, potential, revenue streams but also those currently being dedicated to the benefit of the Nation as a whole.

It would rob the majority of the American people, and bankrupt the Land & Water Conservation Fund so cherished by communities and localities across this great land.

According to the Administration, the revenue sharing provisions of this bill alone, alone, would constitute a $74 billion hit over the first 15 years.

Envision this massive raid on America’s resources and what it will mean to the average American.

Third, this bill would deprive most of us of jobs and economic benefits in most of our regions.

Those of you from the Midwest – from the cornbelt – forget about ethanol. This bill demands petroleum. Vote for it, and you vote against your interests. You vote against jobs in your region, and against the economic benefits the production of ethanol brings to your farmers.

Those of you from the coalfields – where we have sought for many years to broaden our employment base, and to reduce our Nation’s petroleum fixation, with liquid fuels made from coal – vote for this bill and you are voting against the future of your coal miners.

With a Nation hard and fast on a petroleum diet for decades to come brought forth by the pending legislation, the widespread commercialization of coal-to-liquids technology to fuel our vehicles will continue to be an elusive goal.

I have never forsaken the coal miners in my Congressional District, and I am not about to do so now.

And fourth, this bill is simply not necessary. Under the Bush Administration alone, the Interior Department has offered leases covering 267 million acres of the OCS (Outer Continental Shelf-BH). Industry has only sought to acquire 24 million of those acres. Contemplate that for a moment. There are still 243 million acres available for leasing that the oil and gas industry has not yet seen fit to bid upon.

In all, in total, over 40 million acres of the OCS are under lease and less than 7 million of those acres are in production.

Is there a crisis in the OCS? Is there evidence that legislation such as that before us, which shreds long-standing moratoria, is needed?

The facts tell us not.

Those who bring forth this legislation represent an era that should now be in our past, seeking to place all our eggs in a black basket woven of petroleum.

They would defend the predominance of Big Oil, those with wealth and power, over our energy destiny.

Those of us opposed to this legislation bring with us the conviction that there are limits to what the American people will suffer for the sake of profit and power.

This is indeed a turning point for America. I urge the defeat of the pending legislation and reserve the balance of my time.

Nope. I don’t buy the Pomboza Theater of Diversion. This four-footed thing in humping along into the pockets of Big Oil. This is bad for the 11th and 18th congressional districts of California and for the nation.

If the San Joaquin Valley had the character of Appalachia and not just similar economic problems, we would not elect representatives like Cardoza and Pombo. But as long as we act like political chumps, the Pomboza is what we deserve.

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

References

1. Cardoza promotes farm-based fuels, Modesto Bee, Aug. 23, 2006
2. Interior secretary travels to ANWR to promote oil drilling, Associated Press, Sept. 1, 2006
3. Environmental Working Group Farm Subsidy Databank, ewg.com
4.Incumbency has its privileges for Pombo, Stockton Record, Aug. 24, 2006
5. Experts buzzing at Port of Stockton, Inside Bay Area, Aug. 25, 2006
6. www.votepomboout.org
7. www.jerrymcnerney.org
8. It's like oil and water, Stockton Record, Dec. 21, 2005 12-21-05
9. The Biodeisel Revolution, http://www.monsanto.co.uk/biofuels/, July 12, 2002
10. Pombo named vice chairman of ag committee, Ag Alert, California Farm Bureau, March 22, 2006
11.Feeding Cars, Not People, www.monbiot.com, Nov. 23, 2004
12. Cohen, Milstein, Hausfeld & Toll Announces Six State Class Action Filed against Bayer, CropScience, Aug. 28, 2006
13. Plan to save SJ ag land is discussed, Modesto Bee, Aug. 23, 2006
14. 'New Democrats' Rendezvous With Oblivion, New York Times, Sept. 1, 2006
15. Statement by U.S. Representative Nick J. Rahall, II, Ranking Democrat - House Resources Committee, Floor Consideration of H.R. 4761, June 29, 2006
16. americanbiodiesel.net

| »

COME ON DOWN TO POMBOZASTAN!

Submitted: Aug 14, 2006

Members of the San Joaquin Valley public would like to invite you to the first annual UC Pombozastan Pot Luck.

We’ve got the barrel; you bring the pork.

Public/private partnerships get preferential picnic tables behind gated, straw-bale walls, just like they did it at the old-time Condit Country extravaganzas.

The Valley public would like to invite you all to Merced to help us get this UC Merced 900-acre expansion past them damn federal environmental regulators. Our largest developer, the University of California Board of Regents, is having trouble getting a pesky little Clean Water Act permit out of the Army Corps of Engineers so they can build on land in a ESA designated critical habitat area containing the richest fields in the state of vernal pools, environment for 15 endangered species of flora and fauna, for which one cannot help but think a responsible, institution of public higher education would have secured a permit before commencing construction. The UC Regents are at least not supposed to be typical California fly-by-night developers.

But, who cares? COME ON DOWN! Bring the People’s Money, we’ll run it through UC and it will pick up your tab. Stay anywhere, pay as much as you want for breakfast, lunch and dinner, rent only the most expensive cars – if you need further instructions we can refer you to UC consultants, who can teach you also how to add that absolutely mandatory 10-20 percent on every expense chit.

COME ON DOWN and see UC Merced, which the last state Senate Pro Tem called the “biggest boondoggle ever.” – New campus still faces obstacles, William Trombley, Spring 2004, National CrossTalk, a publication of National Center for Public Policy and Higher Education, http://www.highereducation.org/crosstalk/ct0204/news0204-obstacles.shtml

"I don't know why anyone would be surprised," said Patrick Callan, president of the nonprofit National Center for Public Policy and Higher Education, which has offices in San Jose and Washington, D.C. "It was just the wrong campus in the wrong place at the wrong time. It was pork-barrel politics and institutional arrogance that led us to this. There was a belief at UC that you could just hang a UC shingle out and that would attract students."

-- Merced: Some students at brand-new UC campus say they want out, Tanya Schevitz, San Francisco Chronicle, July 17, 2006, http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2006/07/17/BAGOLK0B6M1.DTL

And, hey, be sure to bring the People’s Money with you, because UC Merced wants all of it. UC’s talented team of tax-paid flaks and lobbyists can give you all the details. The effort will no doubt be headed by Rep. Dennis Cardoza, Shrimp Slayer-Merced. Surely, you know the Shrimp Slayer – he’s the guy who’s making Rep. RichPAC Pombo, Buffalo Slayer-Tracy’s war against the Endangered Species Act “bipartisan,” on behalf of a few developers, large landowners, financial institutions and realtors in their adjoining districts. Down here we call them the “Pomboza.”

WASHINGTON — ... On Tuesday, Cardoza and Pombo split roughly $50,000 raised at a bipartisan fund-raiser sponsored by prominent developer Greenlaw "Fritz" Grupe. Grupe is active in both San Joaquin and Stanislaus counties, with subdivisions underway in Modesto, Turlock, Hughson, Waterford and Stockton.
Grupe also favors the kind of collaborative work Cardoza and Pombo have done on the Endangered Species Act and other issues. While agreeing the joint fund-raiser held at the developer's Lodi ranch was "rather unique," Cardoza said it sent the right kind of signal.
"Frankly, if we cooperated more aggressively, we would all be better off," Cardoza said.

--Valley political bonds strong, Oakland Tribune, Apr 1, 2005 by Michael Doyle, MODESTO BEE http://www.findarticles.com/p/articles/mi_qn4176/is_20050401/ai_n14615689

What Cardoza calls aggressive cooperation, we call the Pombozation of the San Joaquin Valley.

COME ON DOWN TO POMBOZASTAN and watch Pombo and Cardoza pombozate the West’s federal resource agencies.

COME ON DOWN and bring us the People’s Money. We don’t have enough of it. You’ve no doubt read the Congressional report about how the San Joaquin Valley is poorer in some ways than Appalachia. We appreciate our subsidized water, our subsidized cotton, dairy and cattle industries, and all the health and human services aid you’ve been sending. But we need more of it, more and more and more of it. We can’t make it without more and more of the People’s Money down here in Pombozastan, the former San Joaquin Valley. And if we don’t get it, we’re going to pave over the largest, richest agricultural valley in the West.

So there!

COME ON DOWN!

Listen to the UC Merced Chancellor (until she quits at the end of the month)! We need a UC Merced research medical school down here to specialize in respiratory illnesses, cancer clusters, pesticide related diseases, diseases related to contaminated ground water, drug addictions, rural mental illnesses and disorders arising from bovine flatulence here in the epicenter of the dairy industry in the nation’s top dairy state. Pledge the People’s Money to build out UC Merced, which will stimulate a tremendous amount of growth because it will be the anchor tenant for development down the east side of the Valley from Sacramento to Kern counties along a planned eastside Highway 65 and an Eastside Canal.

COME ON DOWN TO POMBOZASTAN and help replace Valley life with mega-dairy subdivisions-in-waiting and slurbocracy. And while you’re at it, explain why you’re doing it, because we really don’t know and the Pomboza won’t tell. Nevertheless, Cardoza provides thoughtful continuity for the slurbocracy from his top floor offices in the Merced County Administration Building.

COME ON DOWN! We know this all sounds a little grim, but we want to assure you that the Valley is a really funny place. We’ve got comedians galore here in Merced. Consider the UC Chancellor Until the End of the Month, Carol Tomlinson-Keasey, for example. She had the whole Valley rolling on the floor in helpless mirth this week, when she told the McClatchy chain reporter:

"I needed to make (congressmen) aware that this is the beginning of the process," Tomlinson-Keasey said. "People speak out all the time and say their opinion, (but) I have talked with the Corps, and they have assured me they will play by the rules."

Choking back life-threatening guffaws, members of the public asked: “What rules could she possibly be talking about?”

Surely, she could not be talking about local, state or federal environmental law and regulation. Beyond urging the Pomboza onward to alter it to suit UC’s needs in eastern Merced County, she has no tolerance for it.

Surely, she could not be talking about the rules of good taste, whose university campus sponsors a yearly Fairy Shrimp Festival, hosted in its inaugural year by the unemployable son of a recently ousted provost.

Surely, she could not be talking about those rules of candor said to govern testimony before legislative committees.

Surely, she could not be talking about regulations governing the rehabilitation of wildlife, when she purloined a bobcat for the UC Merced mascot that should have been rehabilitated and released back into the wild.

Surely, she must be speaking about the UC RULE: UC is sovereign and gets what it wants.

Another great Merced comedian is the businessman Mr. UC Merced, Bob Carpenter, who appeared in the pages of the Los Angeles Times this morning:

So why didn't the university secure permission to build the entire campus before beginning work? "It's easy to criticize after the fact," said Bob Carpenter, a Merced resident who has helped with university planning for 18 years. "But you could argue that if you wait until all the I's are dotted and all the Ts are crossed, probably no projects would ever get done."

But then, the chancellor, not to be trumped in the comedy game by a mere UC Merced booster, even if Carpenter could be called, justly, The UC Merced Booster, concludes:

She expects the Merced campus to infuse the area with a smart-growth population and jobs. "We're contributing enormously to the community."
"We believe we deserve an Olympic gold medal, and not have every bump being foreseen as some Mt. Everest to climb."

An Olympic gold medal, some would say, requires a sports team of some sort. The UCM Golden Bobcats are undefeated so far, but they remain in smoky backrooms rather than taking the field in any sport in which they would have to play by any rules other than their own.

UC built the first phase of the Merced campus without getting a Clean Water Act permit. They spent millions in state public funds on conservation easements to mitigate for wetlands habitat, as the result of backroom deals in the state Capitol between the governor, congressmen, state legislators vying to see who was the Biggest Mr. UC Merced of them all, state and federal resource agency officials, The Nature Conservancy, the Audubon Society and other prominent state and national level environmental sluts. Yet, today, when federal agencies look at these easements, they discover many of them aren’t on the right land and have no financial mechanism for monitoring. In some cases, landowners are under the impression they can take millions in public funds for easements yet refuse to let resource officials on the land to monitor the condition of the natural habitat.

COME ON DOWN! The pombozated federal resource agencies are holding a raffle on our remaining natural resources, wildlife habitat and wetlands – piece by fragmented piece.

COME ON DOWN TO POMBOZASTAN! Watch the Developer Dutch Auction on San Joaquin Valley land-use planning.

COME ON DOWN! Watch the sales-tax increase sweepstakes so that the Valley can match funds with the federal government on new freeways, highways and loop roads to stimulate even more growth, as the rural county roads crumble before your eyes. Come on down and watch them fill the potholes in front of the Merced County Association of Governments office!

COME ON DOWN and learn the mystical process of making plans to make plans to make plans to make plans and get public funds to do it.

COME ON DOWN and listen to some whoppers about the Merced County water supply plan, which ain’t, but they all say it is.

COME ON DOWN TO POMBOZASTAN and observe, first hand, the latest design in up-scale yuppie labor camps – zero lot lines, no yards, parks and play areas closer to the freeway than to the home. Watch childhood asthma develop before your very eyes as you are stalled in freeway traffic.

COME ON DOWN and join the fun, if you want to play by the rules UC, the Pomboza, the developers and our wise, far-seeing local governments make up as they go along for the benefit of themselves and their families.

COME ON DOWN! We got a lake to sell you full of Anglo rowing teams.

COME ON DOWN! Maybe you can be an early student in UC Merced’s Coelho Institute of Honest Graft (and public policy), or the McClatchy/Singleton School of Conglomerate Media Management, or study the nanotechnology of nuclear weapons triggers. If you’re lucky and everything goes right, you might get a joint appointment with UC Lawrence Livermore National Laboratory to study Ebola and Anthrax in a genuine safety level 4 biowarfare lab.

COME ON DOWN TO POMBOZASTAN!

We got the barrel; you bring the pork.

Badlands editorial staff
---------------------------

Notes:

Los Angeles Times
Wetlands give UC Merced growing pains...Tanya Caldwell
http://www.latimes.com/news/local/la-me-merced13aug13,1,7214931,print.story
University of California Merced - which cost more than $500 million and took nearly 20 years to plan - still lacks federal permission to build on wetlands near the fledgling campus. UC Merced is developing 105 acres as part of Phase I of the campus and plans to build Phase II on 805 adjoining acres it purchased near Lake Yosemite...that second parcel includes 86 acres of federally protected wetlands. Now, university officials are hoping for an environmental permit to destroy the vernal pools on those wetlands and build, among other things, institutes to study the environment and energy. So why didn't the university secure permission to build the entire campus before beginning work? "It's easy to criticize after the fact," said Bob Carpenter, a Merced resident who has helped with university planning for 18 years. "But you could argue that if you wait until all the I's are dotted and all the Ts are crossed, probably no projects would ever get done." That's true especially in the era of the federal Clean Water Act, which demands permits before wetlands can be destroyed, said UC Merced Chancellor Carol Tomlinson-Keasey. "I think we've shown that this is a very reasonable site." The Corps released - and then swiftly rescinded - a draft environmental impact statement detailing concerns about losing the vernal pools. Corps officials said the draft was incomplete and had been released prematurely. They expect to issue an official draft in a few months. But the draft has already created a buzz in Merced, where the Merced Sun-Star and Fresno Bee ran stories July 29 in which a Corps official said a permit for the university's preferred expansion plan "will not likely be granted." Kevin Roukey, the Corps' senior project manager...quoted in the Sun-Star...the site's vernal pools have "basically been determined to be the best in the state, and maybe even the country." Some local environmentalists, such as Carol Witham, have threatened to sue if the Corps grants the permit despite what she calls the university's "flagrant disregard for federally protected land." "They assumed that by having the campus there, that they can force their way into building the rest of the site," Witham, founder of the website vernalpools.org, said of university officials. "We advised them early on that they should've done all of their permits ahead of time. They're essentially gambling with the taxpayers' money." Saturday - the chancellor released a statement saying that Roukey's evaluations "represent the personal opinions of a single individual" and don't foretell the Corps' final decision. Corps officials later agreed and said it was too early to predict what would happen at UC Merced. They added that concerns found in the report wouldn't necessarily be a deal-breaker for the university's proposals. For years, the chancellor said, the Central Valley has been "underserved." She expects the Merced campus to infuse the area with a smart-growth population and jobs. "We're contributing enormously to the community."
"We believe we deserve an Olympic gold medal, and not have every bump being foreseen as some Mt. Everest to climb."

Sacramento Bee
Comments...Pressure's on for UC campus expansion
http://www.sacbee.com/content/politics/nation/story/14292794p-15132061c.html
Should have located it at Castle...blindman at 3:37 PM PST Friday, August 11, 2006 wrote:
The infrastructure for a new community exists near Merced - it's the abandoned Castle AFB. As usual, UC administrators demostrate that those in ivory towers have little practical sense. A castle location would have been cheaper, and demostrated better overall stewardship of open space.

Stockton Record
Let's get serious...Editorial
http://recordnet.com/apps/pbcs.dll/article?Date=20060813&Category=OPED01&ArtNo=608130306&SectionCat=&Template=printart
More Californians are classified as being poor than at any time in the state's history. Only the Great Depression of the 1930s compares. One of every two public-school students is from a family that qualifies for federal aid. That's a staggering 50 percent. Poverty isn't an ethnic problem. It knows no skin color. It's not confined by geography. People can't build enough gated communities. Poverty crosses every line and creeps into every area of life. Those mired in poverty struggle through each day trying just to survive, unable to do anything meaningful to elevate themselves or their families. Too many leaders...consider progress to be more houses and businesses without adequately accounting for a deterioration in the quality of life for those unable to participate fully in that growth. Obviously, it's difficult to develop a truly meaningful blueprint for change, but we have to try. It's even harder to convince the comfortable and affluent that breaking the cycle of poverty is in their best interest, too. If we don't, an ever-widening gap between rich and poor will reshape California and San Joaquin County in regrettable and regressive ways.

Inside Bay Area
UC, lab, want to build huge biodefense lab...Ian Hoffman
http://www.insidebayarea.com/search/ci_4176406
On rolling, grassy hills between the Bay Area's cities and the farms of the Central Valley, the University of California and scientists of Lawrence Livermore National Laboratory see a sprawling biodefense lab as large as two Wal-Mart Supercenters. The University of California and Lawrence Livermore lab are proposing construction in the middle of the lab's Site 300, a once-remote explosives testing area. University officials have rounded up endorsements from the mayor of Livermore to U.S. Rep. Ellen Tauscher, and from the state Food and Agriculture Secretary A.G. Kawamura to the California cattlemen's and poultry associations. Much of the new lab would operate at Biosafety Level 3, a category of biocontainment used for plague and tularemia. But some of the lab, perhaps a fifth or more, would operate at Biosafety Level 4, the highest level of biocontainment. BSL4 is reserved for diseases having no known vaccine such as Ebola hemorrhagic fever, foot and mouth disease or avian flu and requiring researchers to wear "moonsuits" inside airlocked labs. Federal officials have not elaborated on exactly which microorganisms would be studied in the new lab and the degree to which those germs would be modified. The university rejected a request by Tri-Valley Citizens Against a Radioactive Environment, a Livermore lab watchdog group, for a copy of its proposal. Twenty-nine teams, mostly led by U.S. universities, leaped to make proposals. On Wednesday, the Homeland Security Department narrowed the list to 18 teams in 11 states. A smaller list of semi-finalists will be visited by federal officials in October, and the finalists will be evaluated in a full, environmental impact study over the next year, with a final decision in July 2008 and operations in 2013.

Santa Cruz Sentinel
Tensions mount over USCS growth...Shanna McCord
http://www.santacruzsentinel.com/archive/2006/August/13/local/stories/01local.htm
The battle to stop UC Santa Cruz from expanding student enrollment by nearly 50 percent to 21,000 in the next 15 years, along with 2,000 new faculty and staff members, came to a head this week. The University of California threatened to sue the city unless two measures were pulled off the November ballot that seek to stop growth identified in the long-range development plan without UCSC paying its share of impacts on city services such as water, housing and transportation. Almost in the same breath, UC last week offered the city a proposal if the ballot measures were halted. Details of the proposal were not released publicly. The City Council, during a special closed-session meeting Wednesday, unanimously rejected the University of California's proposal and agreed to move forward with the ballot measures even if that means a lawsuit looms. It won't be known exactly how much the city is seeking from UCSC for mitigation costs until a final environmental impact report for the long-range development plan is certified. Since UCSC's long-range development plan of 1988 was written, the university has paid the city roughly $1.2 million to help cover off-campus impacts on infrastructure, including water pump upgrades, a new traffic signal, new turn lane and widening Mission Street. Looking at UCSC's projected water use in the future shows increased demand of 500,000 gallons a day, bringing total daily use at the campus to 2.5 million gallons, which Kocher says the city doesn't have the capacity to provide. To meet the increased water demand, Kocher said UCSC would be forced to rely on the proposed $40 million desalination plant. The additional 500,000 gallons a day for UCSC represents about one-fifth of the desalination plant's estimated capacity, which Kocher said would mean the university should contribute one-fifth of the cost - $8 million - toward its construction and operation. City and county leaders won confidence that the Santa Cruz ballot measures would be less at risk of drawing a lawsuit after the state Supreme Court recently ruled that California State University can't skirt its obligation to pay for off-campus impacts associated with growth.

8-10-06
Merced Sun-Star
UC Merced seeks aid of lawmakers. University looks to Congress to allow expansion plans...Michael Doyle, Sun-Star Washington Bureau
http://www.mercedsunstar.com/local/story/12569266p-13279371c.html
WASHINGTON -- UC Merced advocates are turning the political dials to avoid permit problems with the Army Corps of Engineers...university's chancellor is calling members of Congress. Lawmakers are leaning on the Corps...all in hopes of salvaging a 900-acre expansion plan favored by the university. "This project is too important to face setbacks over communication," Jennifer Walsh, chief of staff for Rep. Dennis Cardoza, D-Merced... The joint university and congressional maneuvering follows a warning - since disputed - that UC Merced's preferred expansion plan probably won't get a permit... Tomlinson-Keasey stressed that Roukey's comments should be considered personal and not a foreshadowing of the final Corps decision. "I needed to make (congressmen) aware that this is the beginning of the process." "People speak out all the time and say their opinion, (but) I have talked with the Corps, and they have assured me they will play by the rules." One San Joaquin Valley congressional tactic now is to ensure that officials more senior than Roukey are engaged in the project, one congressional staffer explained. This entails enlisting officials both at Corps headquarters in Washington and California. "Political pressure has driven a lot of this project from the start," said Carol Witham, founder of the Sacramento-based organization called VernalPools.org. "The draft as originally written would not have withstood a legal test,..."but I think they were under pressure by the university." The university's stated position is that the alternative campus sites are "not reasonably available, obtainable or practical because they would require the acquisition of dozens of new tracts of land, in contiguous parcels, from many different owners, at a cost of more than $100 million in new taxpayer outlays."

8-4-06
San Francisco Chronicle
UC barred from deciding pay packages in private...Patrick Hoge
http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2006/08/04/BAGENKB8LT1.DTL&type=printable
An Alameda County judge has given The Chronicle a partial victory in a lawsuit by ruling that a committee of the UC Board of Regents cannot decide behind closed doors whether to recommend pay packages for top officials...said the University of California's regent committees cannot make "a collective decision'' in closed session on possible future action to be taken concerning compensation matters. Superior Court Judge Winifred Smith ruled against The Chronicle, however, on other elements of the newspaper's lawsuit, which sought to force the regents' compensation committee to meet in public when it discusses pay for its top 20 officials...said discussion of compensation in closed meetings is legal under state law if no action is taken. She also declined to order UC to tape future meetings of its Committee on Finance and Special Committee on Compensation...also rejected The Chronicle's request that UC be compelled to divulge minutes and other records from previous committee meetings that dealt with compensation. Assemblyman Leland Yee, D-San Francisco, introduced a bill, AB775, that would require UC to open its compensation meetings. The bill -- opposed by UC officials -- passed the state Senate Education Committee, and is scheduled to be heard in the Senate Appropriations Committee on Monday.

City officials blast UC development proposal...Rick DelVecchio
http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2006/08/04/BAG2AKB7KU1.DTL&type=printable
UC Berkeley's planning for a new sports and academic complex is flawed because it doesn't deal with the impact of a major disaster in a remote part of campus split by the Hayward Fault and fails to seriously look at alternatives... Cal's draft environmental impact report describing the Southeast Campus Integrated Projects should be redone because it lacks detail on the impact of the developments described in it and on possible alternatives, City Manager Phil Kamlarz said in a letter to campus planners. Despite the university's name for the plan, the projects aren't really integrated and are being presented in a way that's against the spirit of state law requiring detailed environmental review, Kamlarz said.

7-21-06
San Diego Union-Tribune
UC regents retroactively approve lucrative compensation packages … Eleanor Yang Su
http://www.signonsandiego.com/uniontrib/20060721/news_1n21uc.html
SAN FRANCISCO – University of California regents retroactively approved lucrative benefits and payouts yesterday to dozens of UC executives whose compensation had been criticized in recent months as being in violation of university policy.
In one instance, regents decided to not only retroactively approve but also continue a monthly payment to UC San Diego Medical School Dean Edward Holmes, whose case was highlighted in a state audit in May as problematic.
The state audit had found that Holmes had been overcompensated $128,649 since 2002 because he had received an extra $5,000 per month to offset money he paid to UC San Diego for earnings from his external board service.
UC policy requires certain health science employees who receive stock from corporate boards to provide a percentage of the value of the stock to the university. Even after Holmes fulfilled his percentage, UCSD continued to pay him the additional money per month, according to the audit.
Yesterday, regents defended their decision to continue paying Holmes and many others, stating that they are underpaid compared to their peers at other universities.
“What happened here was not that someone received money that they should not have received,” said Regent Judith Hopkinson. “What happened was there was money that was approved at a level that didn't include regent approval.”
Hopkinson added that in Holmes' case, he was promised that the extra income would be part of his permanent salary. His current annual salary is $453,400.
“He was entitled to it,” Hopkinson said. “It was the honorable thing to do because he was represented that this, in fact, was his new salary.”
Regents, however, have decided to seek repayment in at least two situations. Regents authorized the university to negotiate some repayment by UCSD Senior Vice Chancellor Marsha Chandler for an $8,916 auto allowance she inappropriately received while on sabbatical in the 2004-05 fiscal year. The allowance was paid in violation of UC policy, according to the regents item …

8-10-06
Merced Sun-Star
Sheriff's brother evaded DUI jail time...Chris Collins
http://www.mercedsunstar.com/local/story/12569265p-13279409c.html
When Sheriff Mark Pazin's brother showed up to court in March to be sentenced for a drunken- driving arrest last year, a judge told him he had to pay a fine and take a class. It turns out that despite a policy to almost always bring DUI offenders to jail -- or at least fingerprint and photograph them -- after they are arrested, Merced police decided to forego that procedure with Pazin, the Sun-Star has learned. Instead, police reports show, an officer called the sheriff on a December night and told him to pick up his intoxicated brother. Booking information would have been sent to the state Department of Justice, said David LaBahn, who heads the California District Attorney's Association. In this case, Richard Pazin's arrest file will be "incomplete" and without a photo and fingerprint -- leaving open the possibility that his 2005 DUI conviction could be challenged if he was caught driving drunk again, LaBahn said.

Maneuvers on measures reveal who pulls strings...John Michael Flint
http://www.modbee.com/opinion/community/story/12569317p-13279474c.html
Item 1 — Our Board of Supervisors recently made sure the "Stamp Out Sprawl" measure would not appear on the November ballot. The maneuver, though sleazy and cynical, was entirely legal — and it produced an outpouring of shock, outrage and criticism. What do the following have in common: Bruce Frohman, Denny Jackman, Balvino Irizarry, Carmen Sabatino? All faced opposition from candidates funded by real-estate developers. All were handily defeated
Item 2 — A week after derailing the sprawl measure, the supervisors voted to put the long-awaited road tax (Measure K) on the November ballot, and anyone who tells you this isn't a cost of growth is shining you on. It will be promoted relentlessly - by the Chamber of Commerce, the real-estate industry and this newspaper... Also answered, as if it weren't already obvious, will be the question of who really pulls the strings hereabouts.

Modesto Bee
Officials seeking help with growth...Tim Moran
http://www.modbee.com/local/story/12569320p-13279458c.html
Stanislaus County's mayors and county supervisors say they want to wrestle control of the county's future from big developers, but they need to hire someone to help them do that. The mayors and supervisors have been meeting to develop a blueprint for what the county should look like in 50 years — where it should and shouldn't grow and what kinds of public facilities will be needed to handle that growth. Supervisor Jim DeMartini said such plans need to protect farmland from developers. "The problem is, some developer comes in from out of town, options a bunch of land, and pressures the council to grow another way … They really only care about the land they control," DeMartini said. "We really need to work together."

Tracy Press
Bioterror...Eric Firpo
http://www.tracypress.com/local/2006-08-10-Bioterror.php
A bomb test site in the hills upwind of Tracy has made the “short list” of 18 spots where a research laboratory might be built to help protect against bioterrorism, the Department of Homeland Security announced Wednesday. Homeland Security is looking for a spot to build a 500,000-square-foot research lab to replace a similar, but antiquated, laboratory at Plum Island in New York, which was built in the 1950s. The University of California asked to run the new lab at Site 300, 7,000 acres in the hills west of Tracy that’s part of the Lawrence Livermore National Laboratory. Homeland Security said the UC has made the first cut, along with 17 other applicants in 11 states. Now that Site 300 has cleared its first hurdle, the anti-nuclear group Tri-Valley CAREs is launching an effort to prevent it from being built west of Tracy...group fears the new lab will research bioweapons, since it will have Level 3 and Level 4 labs...says a nuclear laboratory is no place for a biological laboratory because it sends a message that the lab will be used to develop offensive bioagents instead of trying to defend against them.

8-9-06
Merced Sun-Star
Director of university dining hall out of job...Corinne Reilly
http://www.mercedsunstar.com/local/story/12564634p-13275230c.html
UC Merced's director of dining and retail services has resigned following an investigation by UC auditors that determined he used university vehicles for personal business, purchased food for his private catering business using UC credit accounts and regularly took food from the university without payment. Prompted by a whistleblower complaint, the university began examining possible policy violations by Thomas Welton in April. Welton told investigators he was unaware of a university policy that prohibited personal use of university cars, used university credit accounts to purchase nearly $2,500 in merchandise, much of which he used for his private catering business, investigators found. Vendor records showed that Welton's wife -- who isn't employed at UC Merced -- signed for some of the purchases. While Welton eventually paid vendors for the purchases, he used university credit to delay personal payment, and only made the payments after the university's investigation began.

8-8-06
Merced Sun-Star
County violating sell-back policy...Chris Collins
http://www.mercedsunstar.com/local/story/12560598p-13271482c.html
An investigation that the Merced County Retirement Board launched last month to look into the legality of new perks given to the county's CEO has found something even more troubling: The county has been overpaying 25 retired employees -- mostly top-level managers and elected officials -- by thousands of dollars each year... inquiry found that the county has been violating the terms of a 2000 legal settlement -- known as the Ventura Agreement -- that limits the number of vacation hours county employees can "sell back" to boost their pensions. San Francisco attorney, Ashley Dunning said in an interview that the Ventura Agreement "could not be clearer" in limiting how many sold-back vacation hours can count toward pensions. Kathleen Crookham, who is the only supervisor who sits on the retirement board and voted to give Tatum the extra sell-back hours, said she also is OK with the retirement board's legal findings. "I guess if that's the legal opinion, you know what, I support it," she said.

8-12-06
Merced Sun-Star
Pension policy rips off taxpayers...Our View
http://www.mercedsunstar.com/opinion/story/12579690p-1328813
...Merced County has decided to cut back the pensions of 25 retirees that were inflated by a complex vacation "sell-back" that boosted their final year's salary, which is used to calculate the pension payouts they earn every month for the rest of their lives. Instead of being able to sell back 240 hours upon retirement -- or even more for CEO Dee Tatum, who has a separate contract with the board -- the new limit will be 160 hours. But why stop there? We don't think county employees should be able to boost their retirements at all with this bogus vacation "sell-back," which is mandated by something called the "Ventura Agreement." It's the gift that keeps on giving -- all at taxpayer expense. And our local politicians wonder why voters turn down tax increase measures.
Sheriff wasn't involved...Michael H. Sofranek, Catheys Valley...2nd letter
I retired from the Merced County Sheriff's Department's Corrections Division. Knowing the system and knowing how the system works, I do believe the sheriff would not interfere with the process, but I do not believe that the sheriff was not aware that his brother slipped through the cracks in serving his jail time.
Sell-back hours ridiculous...Phil McDaniels, Merced...3rd letter
Let me see if I have this right: The county retirement board increases the sell-back vacation hours for the county CEO, Dee Tatum. Then, as the stink from this rises, the board decides to get a legal opinion and hire outside counsel...investigation shows... they've been committing a no-no since 2000. The first question...how much of an overpayment are we talking about and how does the board plan on getting it back? Secondly, couldn't some common sense be used next time and get a legal opinion first?

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

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! ...

Consult Badlandsjournal.com for a number of posts on government in Merced County, for example: Byrd sues on civil rights violations, July 28, 2006, which includes a brief filed in federal court against the county DA, the Sheriff and other county notables, and notes, including the news clips cited below:

7-15-06
Merced Sun-Star
Amid turmoil, Spencer quits…Chris Collins
http://www.mercedsunstar.com/local/story/12456073p-13175492c.html
After a tumultuous week that included a dramatic car crash, a concussion, calls from the Board of Supervisors to step down, and continuing criminal investigations by the state Attorney General’s Office, District Attorney Gordon Spencer said on Friday he will resign immediately. A spokesman for the Attorney General’s Office said his agency will continue to investigate Spencer.

7-14-06
Merced Sun-Star
County workers get brush up on ethics…Chris Collins
http://www.mercedsunstar.com/local/story/12450025p-13170424c.html
Amid investigations by the state Attorney General’s Office and growing questions about government accountability, county officials got an earful from Graham and other ethics speakers this week. All county department heads and elected officials, as well as middle managers, were required to go to Graham’s session on Monday. Elected officials and top-level employees also had to go to a two-hour course Tuesday taught by a Sacramento law firm that reviewed accepted guidelines for government openness and accountability. But not everyone attended…four officials, including Spencer, didn’t go to Monday’s meeting… Spencer, who was in the hospital Tuesday after a car accident Monday, didn’t attend Tuesday’s session. The four no-shows Monday — Spencer, Supervisor Deidre Kelsey, Human Services Agency Director Ana Pagan and County Counsel Ruben Castillo — must go to Graham’s Aug. 24 course for low-level managers if they want to keep their allowances. Morris said Kelsey had a family emergency and Pagan had a medical emergency Monday. He said he didn’t know why Spencer and Castillo didn’t attend. Supervisor Kathleen Crookham…felt Hedlund’s session was “dull,” she was glad to attend the ethics courses. “It reinforces the kind of things we should remember,” Crookham said.

Correction…Last Updated: July 14, 2006, 02:51:25 AM PDT
http://www.mercedsunstar.com/local/story/12450026p-13170466c.html
• A headline on Page A1 of Thursday’s Sun-Star about District Attorney Gordon Spencer was incorrect. No representative from the hospital said Mr. Spencer suffered a head injury.

7-12-06
Merced Sun-Star
D.A. still in hospital…Scott Jason
http://www.mercedsunstar.com/local/story/12439963p-13161488c.html
The Merced County district attorney remained in the hospital Tuesday night with short-term memory loss after a rollover crash Monday night, his attorney said. The California Highway Patrol is continuing its investigation into the crash, though it doesn’t look like any charges or citations will be filed, Public Information Officer Shane Ferriera said. Spencer called his wife from Smith’s phone, and she took him to the hospital… The investigating officer interviewed Spencer at the hospital and tested him for driving under the influence…said the test includes looking for the smell of alcohol, slurred speech or red, watery eyes. Ferriera said he did not know if Spencer was given a breathalyzer test.

Panel may ask Spencer to resign from his post…Chris Collins
http://www.mercedsunstar.com/local/story/12439964p-13161513c.html
Merced County Supervisor Jerry O’Banion said Tuesday that embattled District Attorney Gordon Spencer should resign immediately to help restore the District Attorney’s Office from months of “turmoil.” O’Banion told supervisors at their meeting Tuesday that he wants the board to vote sometime soon on whether Spencer should resign. He later said the vote will be at the supervisors’ next meeting on Tuesday. “I’m not going to take any action until we have the attorney general’s report,” Kelsey said…”I’m not going to let the newspaper tell me what to do and I’m not going to grandstand for the public or for the newspaper.” “We don’t have all the facts.” O’Banion brushed aside Kelsey’s accusations
…”I don’t look at it as grandstanding, I look at it as a responsibility we have to take back a department that is in turmoil.” Supervisor Mike Nelson…when asked if Spencer should resign, he replied. “It would be nice if he would do that, yeah.”

Police chief secrecy isn’t right way…Our View
http://www.mercedsunstar.com/opinion/story/12439980p-13161532c.html
Plenty of mystery surrounds the disappearance and alleged kidnapping of Kou Xiong, the Merced Police Department officer who was missing for two days before being located in the Madera County foothills. Now, after an internal affairs investigation by the police department, we’re told Xiong is no longer on the force. But that’s it as far as any official accounting of what may have taken place. The public deserves more of an explanation than that…police officials should divulge some reason for Xiong’s termination.

Letters to the editor:
Spencer should step down
…Mark Seivert, Merced
http://www.mercedsunstar.com/opinion/story/12439981p-13161523c.html
Editor: How many investigations need to be done on our district attorney from the state Attorney General’s Office before we demand he step down? I think three in one year should be more than enough for anyone.
Pazin’s actions a let-down…Phil McDaniels, Merced
http://www.mercedsunstar.com/opinion/story/12439957p-13161493c.html
Editor: With Gordon Spencer involved in Cellphonegate and SUVgate, it is not surprising to find him involved in yet another scheme as nefarious as the purchase of land of a jailed man. What is surprising is the behavior and attitude of one of his partners, the sheriff of Merced County… Sheriff Mark Pazin admits to knowing who the seller of the land was in the “final stages of the deal.” …the sheriff let the chase for big bucks place a cloud over his name and the office of sheriff of Merced County.

7-11-06
Merced Sun-Star
District Attorney Spencer injured in creek car crash…Scott Jason — Chris Collins; — Mike De La Cruz; — The Associated Press
http://www.mercedsunstar.com/local/story/12435800p-13157709c.html
The Merced County district attorney was taken to the hospital Monday night after he rolled his Ford pickup truck into Bear Creek, a California Highway Patrol officer said. For unknown reasons, Spencer let the Ford F-150 pickup truck drift off the road and into the creek, he said. …CHP Web site said the victim in the crash had minor injuries.

7-8-06
Merced Sun-Star
Spencer purchased land from jailed man…Chris Collins
http://www.mercedsunstar.com/local/story/12425122p-13147572c.html
California Attorney General Bill Lockyer has launched a third investigation into Merced County District Attorney Gordon Spencer, this time examining whether Spencer committed a crime when he and a group of local investors bought a piece of property from a man who was sitting behind bars and facing charges from the District Attorney’s Office. The latest investigation comes on top of an ongoing criminal probe into Spencer’s potential embezzlement of public funds and an inquiry last December that found Spencer had impersonated an investigator. The attorney general is now looking into a 21-acre lot on Bellevue Road that Spencer, Sheriff Mark Pazin, Ranchwood Homes owner Greg Hostetler, and five other prominent locals purchased in 2004. The intersection of the two events created a clash that was “absolutely impermissible” by attorney ethics standards, said Weisberg, the Stanford law professor. “There was a conflict of interest. ” Dougherty, the county’s presiding judge, said Spencer never told Byrd’s attorney about his involvement in buying Byrd’s land. Kelsey said she always has been troubled that the sheriff and district attorney joined one of the county’s biggest developers to buy the land.

7-5-06
Merced Sun-Star
Tatum had a smorgasbord…Phil McDaniels, Merced…Letters to the editor
http://www.mercedsunstar.com/opinion/story/12409089p-13133720c.html
Editor: Many thanks to City Editor Mike Fitzgerald for putting in words how many voters feel about the Merced County Board of Supervisors and its constant giveaway of our money to the hierarchy of county government. For someone who flew low under the radar during the Gordon Spencer matter AND the department heads’ perks matter, County Executive Officer Dee Tatum surfaced long enough for another feast at the public trough. The board members have been in office too long and have lost sight of who they work for and who their decisions should benefit.

6-21-06
Merced Sun-Star
County supervisors clarify management policies…Chris Collins
http://www.mercedsunstar.com/local/story/12347503p-13077932c.html
Board of Supervisors approved sweeping changes on Tuesday to Merced County’s policies on car and phone allowances given to top-level employees…also set new ethics training requirements and accountability standards for elected officials and department managers. It was the first official action the supervisors have taken in response to District Attorney Gordon Spencer’s misuse of government equipment…county Auditor Stephen Jones said that the county’s attorney, Ruben Castillo, had advised him that a state law giving district attorneys and sheriffs the right to charge business expenses to the county may also give Spencer legal grounds for getting both a county phone and an allowance. The revised policy means:
• The 33 “A-level managers” in the county, which includes department heads, supervisors and other elected officials, must now sign a new form each year that says they will use their own car and phone for their jobs if they choose to receive monthly allowances as reimbursements.
• The state-mandated conflict-of-interest disclosure forms that county department heads and elected officials fill out each year will now be frequently audited by an outside firm.
• All department heads and elected officials must now attend an ethics training course once a year or lose out on their phone and car allowances.

6-15-06
Merced Sun-Star
Valley politicians report lands sales, wealth…Michael Doyle, Sun-Star Washington Bureau
http://www.mercedsunstar.com/local/story/12321524p-13054529c.html
WASHINGTON — San Joaquin Valley lawmakers are a diversified lot, especially when it comes to their personal finances. They own land, though not necessarily as much as they used to. They own stocks. Several have spouses pulling political salaries. Cardoza reported that, last October, he sold 6.2 acres in Atwater. The land at the intersection of Bellevue Road and Redwood Avenue brought the Cardoza & Cardoza Landholding Partnership between $500,001 and $1 million. Cardoza turned to stocks. He reported purchasing some 32 different stocks in November and December. Cardoza’s wife works as a physician in Merced.

Crookham is off the mark…Lorraine Dawson, Merced
http://www.mercedsunstar.com/opinion/story/12321534p-13054545c.html
Editor: Some Merced County supervisors dismissed concerns that their allowances were excessive. Supervisor Kathleen Crookham said she was frustrated that questions were being asked about her pay. “It’s really unfortunate when this kind of scrutiny takes place.” “And then it’s really unfortunate when no one wants to run for office because they come under that type of scrutiny.” “Does the rest of the world have to justify what they spend? No. This is a thankless job and one you don’t get rich on.” Mercedians have a right to know where the tax revenue is spent and why. Then there was this comment in a May 2 Sun-Star story: “Supervisor Kathleen Crookham said she’s known for the past few months that (District Attorney Gordon) Spencer has been using a county vehicle while receiving a car allowance at the same time, but she said she doesn’t think it’s a serious violation.” Look no further than comments like these as to why Measure A was not passed.

6-13-06
Merced Sun-Star
OES faults Spencer over grant…Chris Collins
http://www.mercedsunstar.com/local/story/12312342p-13045915c.html
The state Office of Emergency Services says it will closely scrutinize Merced County’s use of grant funds in the future after a report it released Monday concluded that District Attorney Gordon Spencer violated the terms of an OES grant. State will monitor county closely but funds won’t have to be repaid. The report also found that the District Attorney’s Office misled OES when it said it would assign a full-time deputy district attorney to prosecuting people who committed rural crimes. The OES report found three other grant violations:… There is no set deadline for when the attorney general’s report will conclude.

Letters to the Editor…Last Updated: June 13, 2006, 01:52:58 AM PDT
http://www.mercedsunstar.com/opinion/story/12312355p-13045923c.html
County wears blindfold…James V. Haslouer, Merced…1st letter
Editor: So let me see if I understand this correctly. If you are a county employee and you jeopardize a state- funded program for your own personal pocket stuffing and accept false cell phone and vehicle reimbursements (embezzlement), you can then use those monies to compute and enhance your retirement! …who was signing the vouchers that District Attorney Gordon Spencer was submitting for five years or perhaps even longer? Pay Spencer more than $150K a year for what? His disdain for the law is obvious.Supervisors, stand up for your constituents and do the right thing.

6-3-06
Merced Sun-Star

Spencer violated Grant…Chris Collins
http://www.mercedsunstar.com/local/story/12270485p-13006930c.html
District Attorney Gordon Spencer violated the terms of a grant by driving a $27,000 SUV that he was never supposed to use, a report by a private auditing firm has found…conducted by Sacramento-based Macias, Gini and Co. The SUV, a 2005 Ford Expedition, was purchased a year ago with money from a state grant and was intended for Chief Deputy District Attorney Larry Morse. Instead, the vehicle was “assigned solely to the County’s District Attorney,” the report concluded…”could jeopardize eligibility of the vehicle” and future funding from the grant. “It basically reinforces the fact that the car was not supposed to be used by the individual who was using it,” county Supervisor Jerry O’Banion said. Last month, the state Attorney General’s Office launched an embezzlement investigation into Spencer’s use of county-owned equipment. The Office of Emergency Services is making its own inquiry into Spencer’s actions. Both investigations are ongoing.

July 16, 2006
http://abclocal.go.com/kfsn/story?section=local&id=4372012
ABC Action News 30
Fire Damages Offices at Merced County Courthouse
July 16, 2006 - A scandal forced their boss to leave and now there's a new struggle for Merced County prosecutors after fire tore through their offices over the weekend.
Investigators will begin digging out the five offices on Monday, hoping to find out what started the fire. For now, they are breathing a sigh of relief after rescuing a very important case file from the burned building.
Once the smoke cleared, investigators and county leaders got a glimpse of the damage.
"The intensity of the fire was severe. It had buckled a lot of the metal, windows had been blown out, desks, chairs and such were absolutely melted to the ground," said Merced County Sheriff Mark Pazin.
Fire officials say the west portion of the building suffered the worst damage. Four district attorneys offices are ruined, two others damaged by smoke and water and two courtrooms unusable because of the intense heat.
"At the height of the firefight operations, we actually had flames I would estimate to 50 to 60 feet in the air above the building. Very major major operation," said Merced Fire Chief Ken Mitten.
The fire came just two days after District Attorney Gordon Spencer resigned in the middle of three separate investigations by the attorney general's office. His office was not in the building that caught fire and officials do not believe there is any relation between the two sudden events.
Incoming district attorney Larry Morse left the building just three and a half hours before the blaze began.
"I'm sure I was the last one to leave this building. It was close to 2:00am when I left. I didn't see anything remotely suspicious. I've been in the office until one or two for the last seven or eight days, as you are during trials," said Morse.
Morse says one of the files that burned in a felony office is the case against Tao Rivera. Police say he's the Merced gang member who gunned down police officer Stephan Grey. Luckily, Morse found a copy that was spared in his office. He has now moved it to a safe location.
He says many other criminal cases also went up in smoke, but he doesn't think any accusers are off the hook, because multiple copies are usually made on each case.
Despite the damaged courtrooms, court will go on as scheduled. Those cases set for the affected courtrooms will be moved to other buildings in the complex.
Fire damages are about $750,000

November 17, 2005
Modesto Bee
UC regents increase fees by 8 percent…Michelle Locke, AP
http://www.modbee.com/local/story/11490731p-12229564c.html
Cost of going to university has going up 89% since ‘01. The vote came amid heightened criticism of the UC’s spending after reports in the San Francisco Chronicle that the UC has paid millions in bonuses and pay hikes to top executives. …students were not happy with the hikes, demonstrating their opposition by chanting “Education, not corporation!”

Merced Sun-Star
UC tuition fees going up again…Rosalio Ahumada
http://www.mercedsun-star.com/local/story/11491100p-12229815c.html
Students will pay about $500 more per year. UC Merced Chancellor Carol Tomlinson-Keasey said she knows some students are struggling with educational costs, but the fee increases are needed right now. “We certainly don’t want to exacerbate that,” Tomlinson-Keasey said of student financial woes. About 80 percent of UC Merced’s inaugural class applied for and received financial aid, and 64 percent of those students qualified for need-based financial assistance, according to campus records.

Sacramento Bee
Fifth fee hike since ‘02 gets UC regent OK…Leslie A. Maxwell
http://www.sacbee.com/content/news/california/story/13870111p-14709573c.html
UC officials said the fee increases - part of a $2.9 billion budget that they will request from the Legislature for next year - were necessary to maintain their “compact” with Gov. Arnold Schwarzenegger. Assembly Speaker Fabian Núñez, D-Los Angeles, argued for the board to hold off on the hikes until Schwarzenegger unveils his new state budget proposal in early January. Much of the audience also was angry about recent news reports that hundreds of UC’s senior-level employees received generous housing allowances, bonuses and other perks during a budget crunch.

San Francisco Chronicle
UC president promises increased disclosure about pay packages. Task force also will consider further policy changes…Tanya Schevitz, Todd Wallack
http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2005/11/17/BAGVTFPO5L1.DTL&type=printable
After facing days of withering criticism, University of California leaders promised Wednesday to disclose more information about how much they pay employees. ” Dynes promised that UC would: … — Provide regents with a summary of UC leaders’ total compensation once a year, including outside income. Dynes said he wasn’t sure whether that information would be released to the public. There is a dark cloud over the university that we really have to reckon with, and it speaks to the question of transparency and honesty,” Assembly Speaker Fabian Núñez, an ex-officio regent, said. “There is a lot of outrage,” said Bruce Fuller, professor of public policy and education at UC Berkeley. “Is the quality of the university really tied to attracting managers, or is it tied to attracting top faculty?”

Zero hour for Los Alamos. UC has run the nation’s top weapons lab for six decades.
Will it all end this week?…Keay Davidson
http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2005/11/17/MNGQ9FPOD81.DTL&type=printable
Los Alamos National Lab…climax of a four-year saga: a decision that will determine who runs the world’s most glamorous and controversial nuclear weapons lab and that also could end the University of California’s unchallenged six-decade domination of the U.S. weapons program. An announcement could come soon, perhaps even Friday. UC and its industrial partners, including San Francisco-based Bechtel National Inc., are competing for the contract against aerospace giant Lockheed Martin Corp. and its allies — the huge University of Texas system, several New Mexico universities and various industrial partners. Loss of the contract by UC would be a crushing blow to the university system’s reputation and, perhaps, to the state of California, which owes much of its international economic clout and attractiveness to investors’ perception of the state as the Nobel laureate-packed front line of scientific and technological advances. …the Lockheed-Texas team has benefited from continued leaks of bad news from Los Alamos. The latest case involved an “Occurrence Report,” which came to light late last month concerning an incident in October 2003…

UC regents boost next year’s student fees…Tanya Schevitz, Todd Wallack
http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2005/11/17/BAGVTFPETK1.DTL&type=printable
Hours after the University of California Board of Regents voted Wednesday to impose steep fee increases on students, a regents’ committee recommended that hundreds of top university administrators get pay raises. The proposed “annual merit” salary increases, … average about 3 percent. “Even with this year’s merit increases, the salaries of many senior UC managers still significantly fall below market,” according to the statement. A recent study by Mercer Consulting found that UC offers lower salaries than other prestigious universities, though UC pay is comparable when retirement and other benefits are factored in. However, the Mercer study did not include all forms of compensation used by UC, leaving it unclear whether UC employees are paid better or worse than the average pay of their counterparts elsewhere. …Wednesday, the regents disregarded assurances from state Assembly Speaker Fabian Núñez that the Legislature would likely allocate enough money to make the higher fees unnecessary

November 16, 2005
San Francisco Chronicle
Outrage in Capitol at UC pay revelations…Tanya Schevitz, Todd Wallack
http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2005/11/16/BAG1RFP4R61.DTL&type=printable
State lawmakers demanded Tuesday that University of California leaders answer questions about UC’s growing payroll, hidden compensation and a rising inequity between low-paid employees and senior administrators and faculty. Sen. Jackie Speier, D-Hillsborough, who sits on the Senate Education Committee, “I’m not going to allow UC to become the Wal-Mart of education. The university’s money is public money. They have to be very careful. Before we do anything more with salaries, we have to have transparency.” “This is outrageous,” Denham said. “While students face rate increases every year and UC rank and file workers face salary freezes, the top UC administrators will be getting secret salary hikes. The regents should postpone their vote and let the public see the documents.”

UC’s hidden pay…Editorial
http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2005/11/16/EDGODFOD701.DTL&type=printable
FOR AN institution devoted to openness and truth, the University of California is falling short. It refuses to speak plainly about the eye-popping compensation packages for its top leaders. The timing for the new salary increases couldn’t be worse. …regents are due to vote on a plan to raise student fees by 8 percent. …after fees have nearly doubled in four years. UC must explain its compensation policies more fully. It isn’t showing the openness that taxpayers expect and deserve from a public university.

Fresno Bee
UC gets $8 million to study San Joaquin Valley’s bad air…AP
http://www.fresnobee.com/state_wire/v-printerfriendly/story/11479672p-12219067c.html
FRESNO, Calif. (AP) - The University of California, Davis, will receive an $8 million federal grant to study the effects of one of the country’s most polluted air basins on public health.

11-14-05
San Francisco Chronicle…Tanya Schevitz, Todd Wallack
http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2005/11/14/MNGDFFO1641.DTL&type=printable
The University of California may have cut student services and maintenance, but not the number of high-paid jobs created over the past two years.

Merced Sun-Star
Famers say UC helps rivals too…Olivia Munoz, AP
http://www.mercedsun-star.com/business/ag/story/11478748p-12218475c.html
UC President Robert C. Dynes met with about 35 growers… San Joaquin Valley growers expressed frustration Thursday that research they help the University of California conduct ends up helping their rivals in the global agriculture market. …also concerned that the system’s budget cuts were affecting the extension office program.

San Francisco Chronicle
Free mansions for people of means…Tanya Schevitz, Todd Wallack
http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2005/11/14/MNGDFFO0JJ1.DTL&type=printable
For all the attention paid to university salaries, some of the biggest perks at the university are noncash items, such as free housing. At UC, the system spends about $1 million a year to maintain spacious homes for Dynes and the 10 campus chancellors. I think taxpayers would be outraged to discover the nature of this extraordinary perk,” said Jon Coupal, president of the Howard Jarvis Taxpayers’ Association. Schwartz…said the homes are important to help chancellors cover the high cost of living in California, where many chancellors otherwise wouldn’t be able to afford homes on their university salaries. Public records show that many of the chancellors already own their homes, sometimes close to campus. And at least two chancellors earned tens of thousands of dollars in extra annual income by moving into university-owned residences and renting out their own nearby homes. In addition, records show hundreds of thousands of dollars are spent on maintaining some of the estates.. “I suspect this will make it in our 2005 piglet book” of examples of government waste, Coupal said. “This is the kind of stuff that shows that at some point (government leaders sometimes) lose touch with reality.”

Services cut for students as high-pay jobs boom…Tanya Schevitz, Todd Wallack
http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2005/11/14/MNGDFFO1641.DTL&type=printable
The University of California may have cut student services and maintenance, but not the number of high-paid jobs created over the past two years. Payroll records show that 2,275 university employees earned more than $200,000 last fiscal year, up 30 percent over two years. The number of employees making at least $300,000 annually climbed 54 percent to 496 last year. Some employees got raises. Others were hired or promoted to new posts with increased salaries. Still, the boom in top salaries comes at a time when UC leaders say they have been forced to raise student fees 79 percent over four years, increase class sizes and curtail student services to cope with cuts in state funding. “This is not something you want the Legislature to learn about,” said Velma Montoya, who served on the UC Board of Regents for 11 years until her term ended in January. “It is unfair and impolitic.”

The home used by UC Berkeley Chancellor Robert Birgeneau. Chronicle photo by Mark Costantini
http://www.sfgate.com/cgi-bin/object/article?m=/c/pictures/2005/11/14/mn_a9_uc00_156_mc.jpg&f=/c/a/2005/11/14/MNGDFFO1641.DTL&type=printable

More higher-paid employees on UC payroll
http://www.sfgate.com/cgi-bin/object/article?m=/c/pictures/2005/11/14/mn_higher_paid.jpg&f=/c/a/2005/11/14/MNGDFFO1641.DTL&type=printable

Monterey Herald
The teacher pay UC doesn’t discuss…System shells out millions while claiming poverty…San Francisco Chronicle
http://www.montereyherald.com/mld/montereyherald/news/state/13163302.htm?template=contentModules/printstory.jsp
SAN FRANCISCO (AP) - Despite complaints from University of California officials that the system has suffered severe cuts in state funding, prompting tuition and fee increases, many faculty members and administrators get paid thousands more than is publicly reported. ‘’We should be comparing full compensation, including the perks, not just the salary, because when you look across the country, you shouldn’t be comparing apples to oranges,'’ said Velma Montoya, an economist who served on the UC Board of Regents for 11 years until her term ended in January. ‘’It’s ludicrous to increase student fees… when you’re talking about executive officers making this much money, and no one knowing about it,'’ said Anu Joshi, a UC Berkeley graduate student and president of the systemwide UC Student Association.

11-13-05
UC’s higher profile…Editorial
http://www.fresnobee.com/opinion/story/11476112p-12215740c.html
The recent visit to Fresno by the president of the University of California underscores how the landscape has changed in higher education for Valley students in just a few years. For decades, the Valley was given short shrift by UC. Higher education was left in the hands of California State University campuses, such as Fresno State. Now UC Merced has opened, creating a new opportunity for Valley students. …the UC system is working much harder to spread the word about UC among Valley students and their families. That’s what brought UC President Robert Dynes to Fresno on Thursday…

San Francisco Chronicle
UC piling extra cash on top of pay…Tanya Schevitz, Tod Wallack
http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2005/11/13/MNGHFFNMAC1.DTL&type=printable
Despite UC’s complaints that it has been squeezed by cuts in state funding and forced to raise student fees, many university faculty members and administrators get paid far more than is publicly reported. In addition to salaries and overtime, payroll records obtained by The Chronicle show that employees received a total of $871 million in bonuses, administrative stipends, relocation packages and other forms of cash compensation last fiscal year. That was more than enough to cover the 79 percent hike in student fees that UC has imposed over the past few years. The bulk of the last year’s extra compensation, roughly $599 million, went to more than 8,500 employees who each got at least $20,000 over their regular salaries. And that doesn’t include an impressive array of other perks for selected top administrators, ranging from free housing to concert tickets.

Bringing in the big bucks
http://www.sfgate.com/cgi-bin/object/article?m=/c/pictures/2005/11/13/mn_big_bucks.jpg&f=/c/a/2005/11/13/MNGHFFNMAC1.DTL&type=printable
Here are UC’s highest-paid employees based ontotal compensation. Base salary is a small fraction of their total pay.

Overall payroll
http://www.sfgate.com/cgi-bin/object/article?f=/c/a/2005/11/13/MNGHFFNMAC1.DTL&o=1&type=printable
Over the last few years there has been an increase in the UC’s payroll…2002 – 2005

Other perks include parties, gifts, travel…Tanya Schevitz, Todd Wallack
http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2005/11/13/MNGQPFJ9DJ26.DTL&type=printable
In addition to their cash compensation, many senior UC employees receive significant fringe benefits. A partial list includes:
– Housing: Some employees receive free or subsidized housing near campus, including spacious homes (and in some cases, mansions) reserved for chancellors. UC also issued thousands of low-interest mortgages to administrators and faculty…3 percent interest rate. — Jobs: — Entertainment: Gifts:– Travel: Parties: Expensive parties are common.
Patrick Callan, president of the nonprofit National Center for Public Policy and Higher Education…”This is not a slush fund,'’ Callan said. “Every dollar that the university gets is public. It is a public institution. It doesn’t matter where it comes from.”

Livermore Lab’s future tied to risky laser project…Keay Davidson
http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2005/11/13/MNG1AFNKRE1.DTL&type=printable
The fate of a super-laser — a multibillion-dollar project under construction at Lawrence Livermore National Laboratory is in serious doubt, despite Congress’ decision to grant it a reprieve. …eight years after the facility’s groundbreaking at Livermore lab, the project has cost taxpayers more than $3 billion, at least three times the projected cost, and the tab should exceed $4 billion between now and the projected completion in 2009-2010. Meanwhile, only a small percentage of the projected 192 lasers have been installed and tested. Worst of all, there is serious scientific doubt whether the laser will achieve its near-mythic goal: ignition, the holy grail of nuclear physics. ..recent study by top Pentagon advisory panel cites many technical obstacles and says there’s no assurance the project will work. The group, known as “Jason,” pointed out in a recent report that the project is rife with technical problems. This is an embarrassment that UC can ill afford at a time when federal officials are close to making a crucial decision on another one of the university system’s vital relationships with the Department of Energy.

11-12-05
Fundraiser helps MC students get to UC…Rosalio Ahumada
http://www.mercedsun-star.com/local/story/11472660p-12212399c.html
With the rising cost to earn a bachelor’s degree, students need scholarship support more than ever. The Merced College Foundation wants to make sure its transferring students have all the help they can get to attend the newest University of California campus. Currently, full-time equivalent Merced College students pay a total of about $800 per school year including campus fees. UC Merced undergraduate students pay about $7,000 in tuition per school year. But that doesn’t include housing costs that range from $14,000 to $20,000 annually.

Anxiety marks Los Alamos mood ahead of lab contract announcement…Heather Clark, AP
http://www.modbee.com/state_wire/story/11472441p-12212115c.html
LOS ALAMOS, N.M. (AP) - Many people in this isolated mesa-top community are anxious or fearful about who will win a contract to manage Los Alamos National Laboratory. The main contenders for the contract are two limited liability corporations, one headed by Lockheed Martin and the University of Texas and the other led by Bechtel Corp. and the University of California… …contract worth up to $79 million. The announcement of the winner is expected by Dec. 1. Six percent of the lab’s work force resigned, up from a 4 percent annual norm over the last decade. …poor business practices at the lab led to a purchasing scandal and a series of embarrassing security and safety lapses that culminated in a seven-month shutdown, which the Department of Energy estimated cost about $367 million. UC put the cost at $110 million.

7-3-06
Contra Costa Times
A feeling of 'siege'...Julia Prodis Sulek
http://www.mercurynews.com/mld/mercurynews/news/14952474.htm?template=contentModules/printstory.jsp
Sixteen months ago, when Denton started as chancellor, she seemed like a perfect fit. If any community would welcome this openly gay academic who overcame discrimination from her earliest days in a small Texas town, who became nationally renowned for her commitment to women in science and social justice, surely it would be the progressive seaside town of Santa Cruz. Instead, she told friends, ``I'm under constant siege.'' She arrived at the university already trailed by controversy and, during her short tenure, endured unrelenting attacks. ``It wasn't any single story or any single cartoon, but it was a continuing, rolling, unending set of stories and set of cartoons; it was the continuing everyday assault,'' said Carol Tomlinson-Keasey, the chancellor of UC-Merced. When a new chancellor arrives in Santa Cruz, the community very nearly holds its breath. In this city of 55,000, the chancellor carries more prestige than the mayor or state legislators. But just weeks before her Feb. 14, 2005, start date, Denton's name was linked with scandal. The timing couldn't have been worse. While the UC president's office acknowledged it should have disclosed the deal from the start, it was Denton who took the heat in Santa Cruz. If Denton had more serious mental health issues, or her medication wasn't right, or she had other personal problems, no one is saying. But Tomlinson-Keasey knows that the problems in Santa Cruz weighed heavily.

8-2-06
Sacramento Bee
Tragedy looms over wildland debate...David Whitney, Bee Washington Bureau
http://www.sacbee.com/content/politics/story/14285230p-15098739c.htmlhttp://www.sacbee.com/content/politics/v-print/story/14285230p-15098739c.html
WASHINGTON -- Nearly 15 months after the manager of the Carrizo Plain National Monument killed herself after months of frustration on the job, the federal Bureau of Land Management is reviving the process of creating a management plan for the 250,000-acre grasslands preserve that will be forever associated with Marlene Braun's tragic death. The backdrop for the battles was more political than personal. Created by presidential proclamation just hours before President Clinton left office in 2001, the Carrizo Plain had become a battleground over cattle grazing on public lands -- an issue on which the BLM typically found itself siding with cattlemen. ... public lands, on the border between Kern and San Luis Obispo counties, are the last big patch of wild grasslands left in California and the home of the largest concentration of endangered species in the state. Some, like the giant kangaroo rat, are in direct competition with cattle. Braun had openly complained that she felt efforts to curtail grazing were being resisted at higher pay grades in the agency, and that she was suffering the fallout. Posthumously, Braun prevailed.

4-1-05

CRS Report for Congress: California’s San Joaquin Valley: A Region in Transition, Dec. 12, 2005, Tadlock Cowan, Coordinator, Analyst in Rural and Regional Development Policy, Resources, Science and Industry Division

Honest Graft: Big Money and the American Political Process, Brooks Jackson, 1990

“This is the tragic story of one of the most fascinating characters in recent Washington history, Congressman Tony Coelho of California (D-Merced) … He rose to power in the house by collecting millions of political dollars for the Democratic party from whatever sources were at hand, creating a modern political machine in which money and pork-barrel legislation replaced the old Tammany Hall patronage …” p. 3

As Coelho himself says, “the system buys you out.” The system doesn’t require bad motives to produce bad government. P. 320

Italics added.

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Let them play Monopoly behind gates we lock

Submitted: Jul 30, 2006

In 1950, it has been repeated ad nausea; Los Angeles County produced more agricultural commodities than any county in the state. By the mid-1970s, it began to lead the nation as the most polluted air basin, despite its sea breezes. Today, in this grim "metric," it appears to have fallen behind both the San Joaquin Valley and Riverside/San Bernardino counties.

The San Joaquin Valley is the richest farmland in the western US. Today, Los Angeles is an asphalt jungle and its eastern neighboring counties are developing along the same dismal pattern.

Humanity has yet to learn how to reclaim asphalt jungles for agriculture, should the need or desire occur.

It is not too late to stop the LA-ification of the San Joaquin Valley. Abundant farmland still exists. Given its inversion layer, more development can only turn this valley of the best farmland in the West into a respiratory hell.

Regional and national food security, health and safety for San Joaquin Valley inhabitants and a responsible attitude toward global warming and the waning of the Sierra snow pack argue forcefully against more population growth.

All that is stopping a sane approach to Valley agricultural and natural resources and health and welfare of its inhabitants is the entire political economic system – local, state and federal – dominated by real estate development and the financial, land-owning, construction, and realty interests that swarm around it, and the political passivity of the residents. To turn the San Joaquin Valley into a continuous metropolitan region from Sacramento to Bakersfield is no more nor less than business as usual: destructive enrichment of the few at the expense of many.

It was recently argued in a Merced County staff report on a residential development that criticism of how the development would deal with a Williamson Act (farmland preservation) matter was, in fact, an attempt to stop the project and the population growth and increase in autos the project would create. This, the staff report implied, was an illegitimate reason for arguing the Williamson Act matter.

The same is constantly said about criticisms and lawsuits for violations of local, state and federal environmental law and regulation. "It doesn't matter because the critics just want to stop growth."

This sort of logic reminds me of an old movie, "Never on Sunday," in which an Athenian prostitute who attended every performance of ancient tragedies and was greatly moved by their sorrow and destruction, consoled herself with the belief that in the end "they all went to the seashore."

Presumably, county officials that produce this bilge plan to retire to Pismo Beach to breath clean sea air after their careers of disservice to the San Joaquin Valley public.

The growth now occurring in the San Joaquin Valley is a tragedy, of which one element is always the willful denial of truths like endemic respiratory illness and global warming, which can only worsen with more Valley growth.

The loss of the culture of farming is both sad and frightening.

“The best product of the American farm is the careful farmer,” Wendell Berry once wrote. There are some left. There are also some San Joaquin Kit Fox left, but the trend toward extinction is clear in both species.

American culture and economy -- this gargantuan brat -- has no place for the modest, patient, skillful and inventive farmers who built our valley. Those people wisely mistrusted booms and all the other deals too good to be true, and they did not indefinitely abide whores in government. They believed in hard work and earnest prayer.

In our valley today, the political theory is that the public is the servant of the public servant, who is the servant of destructive enrichment, a form of self-indulgence practiced by a few people and corporations with great wealth, who lack the imagination to do anything but destructively pursue greater wealth.

The poor dears. The appropriate places for them are gated reservations locked from the outside instead of the inside. Let them play Monopoly with their money! Meanwhile, permit the San Joaquin Valley public time and space to deal with the consequences of their binges in real estate.

Bill Hatch

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