Energy

Ethanol biotech bubble

Submitted: May 01, 2007

The ethanol bubble reveals the pathological side of the political economic system as well as the housing bubble did, and no doubt the same few people involved in ethanol were involved in housing speculation not long ago. The housing bubble pushed our air quality over the edge: the San Joaquin Valley now has as bad or worse air than the Los Angeles basin. Ethanol is shaping up to be nothing but a huge water grab. The ethanol bubble will end about the time a new housing bubble begins.

There is a reason why corn is primarily a Midwest crop. The reason is called rain, as in what Central California doesn't have, being a desert.

As the GMO boys and girls get busy on engineering just the perfect corn for ethanol, gene drift will occur, as it has occurred wherever corn is grown. The ethanol-making genes will drift into corn grown for dairy sillage and get into the milk supply, here in the land free of GMO regulation, perhaps causing gases of another sort. Then UC can study the contribution milk-drinking San Joaquin Valley citizens make to air pollution, along with the bovine flatulence (adding insult to the injury of doubled corn prices and continuing low milk prices to dairymen in the largest dairy state in the nation).

But, that's OK because the honey bees are dying, so the almond growers can convert to ethanol corn and make a real killing before selling for real estate. We know nothing is going to be done about the honey bee collapse because the House subcommittee in charge is chaired by Rep. Dennis Cardoza, a man who doesn't like any non-human species that shows signs of weakening. Dairies could follow behind the almonds and everybody could grow ethanol corn with the latest chemical fertilizers and diesel farm equipment.

Federal and state government doesn't solve ag insect problems anymore,it funds them:

Medfly: $150 million since 1980, now proposal for permanent program at $16 million/year; the government cannot control its entry through ports like Long Beach;

Pierce's Disease, Glassy-winged sharpshooter: now spread to 28 counties, control programs in 51 counties, population of GWSS growing, two new infestations last year, 80 research projects, $20 million a year.

No wonder UC Merced wants to start a medical school. It's following a hallowed tradition of colonization of diseases as each generation of government/corporate/university technologists goes to work on the plagues caused by the last generation of the great win-win, public-private funded technologists, and government/corporate/university propagandists keep promising us that famous Black Box. The latest is a UC/Lawrence Livermore National Laboratory biowarfare lab on a site where it also tests depleted uranium bombs near Tracy. So, the UC Board of Regents, under the guidance of Chairman Richard Blum, Sen. Feinstein's husband, dangle the promise of a medical school for the Valley (first conceived for Fresno in the mid-60s) and give you depleted uranium dust and a lab full of the most dangerous pathogens to local agriculture in existence, and hope nothing bad happens because Pentagon biowarfare pork it prime.

Actually, there is a black box. It is called Boomdoggle. It's not a solution for you and me, but it works for people speculating on the next Valley bubble, and who can afford to live outside the worst air pollution area in the nation. But they are the same speculators from finance, insurance and real estate special interests that control the dumbest, most corrupt air quality board in the nation.

Corporate domination of political institutions has meant economy-by-bubble, and each step of the way, working people get poorer, our common environment gets worse, and fewer people get richer. While corn growers yawp about their high prices, the subsidies are going to investors in the ethanol plants. We're a long way from biomass tax breaks now. We've entered the era of high finance in Green Pork.

Way back in 1981, Grass Valley-based folk singer, Utah Phillips, defined the problem in a song called "All Used Up."

I spent my whole life making somebody rich;
I busted my ass for that son-of-a-bitch.
And he left me to die like a dog in a ditch
And told me I'm all used up ...

They use up the oil and they use up the trees,
They use up the air and they use up the sea;
Well, how about you, friend, and how about me?
What's left when we're all used up?" -- Utah Phillips, (c) 1981, On Strike Music.

1 acre foot = 325,851 gallons = 130 gallons ethanol/acre foot (if, as Sacramento Bee editorialists wonder, the USDA figures are right).

Badlands editorial board
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4-29-07
Sacramento Bee
Can't drink ethanol...Editorial
http://www.sacbee.com/110/story/162586.html

Businesses in California are racing to build plants to make ethanol...But it will take the state's most fought-over resource -- water -- to grow the crops used to produce ethanol. Many crops can be used for that purpose, but at the moment ethanol plants are picking corn -- the most water-intensive ethanol crop there is. How much water? How much corn? The answer is startling. According to a study of California agriculture by the respected Water Education Foundation, it takes about 118 gallons of water to grow a pound of corn. And how many pounds of corn does it take to produce a gallon of ethanol? About 21 pounds of corn, according to one publication from the U.S. Department of Agriculture. If these numbers are accurate, the answer is about 2,500 gallons of water. For one gallon of ethanol. There is a goal to produce about a billion gallons of ethanol in California a year. That's about 2.5 trillion gallons of water for 1 billion gallons of ethanol. Take all the water from the Sacramento-San Joaquin Delta that now goes to Southern California and Valley farms, use it to grow corn -- and it still wouldn't be enough water. First, a water-intensive crop such as corn in the Central Valley is a bad choice. Second, since there is only so much water for agriculture in California, some other existing crops won't be grown. Third, it behooves the state to grow ethanol crops in the most water-efficient manner possible and set up laws and policies that guide industry in that direction. It is downright scary to see such a rush to ethanol without a better look at the consequences.

4-28-07
Modesto Bee
Flat land
Prices stagnant despite demand for dairy acreage
By JOHN HOLLAND

Farmland in the Northern San Joaquin Valley is pretty flat — at least as property appraisers saw it last year.
Land prices leveled off despite the continuing strength of the almond industry and the demand for dairy acreage and rural homesites, said an annual report from the state chapter of the American Society of Farm Managers and Rural Appraisers.

"It was a pretty dull year following a huge increase that took place between 2003 and 2005," chapter president Randy Edwards, an appraiser based in Hilmar, said Friday.

The report, released Wednesday in Sacramento, tracked land values around the state for dairy farms, orchards, vineyards, rangeland and other acreage that produces California's bounty.

The per-acre values ranged from $150 for dry rangeland in the state's northeast corner to $600,000 for dairy land in the path of Los Angeles-area growth.

The values varied even for a single crop in a single region, depending on soil quality, water supply and other factors.

An acre of Stanislaus County almond trees, for example, could cost as little as $10,000 if watered from a well or as much as $25,000 if supplied by the Modesto or Turlock irrigation districts.

Dairy, the top farm sector by gross value in the northern valley and statewide, continued to be a major force in land values. These farmers have been adding land for feed crops and for disposing of manure under increasingly strict rules.

The dairy industry has struggled recently, however, with low milk prices, high costs for feed and other factors, as well as the lingering effects of last summer's severe heat wave.

"It appears the market is poised for a downward correction, unless a recovery in milk prices and reduction in feed costs (primarily corn) ensues in the near future," the report said.

Almonds, the region's No. 2 farm product, continue to thrive because of efforts to market the increasing harvests. Nut growers are even moving onto less-than-ideal soil, thanks to advances in tree breeding and irrigation, the report said.

Walnut orchard values continued to be strong. The report noted that this crop has not been as vulnerable as almonds to periods of low commodity prices.

Peach orchards ticked up in value. The report said it was too early to tell whether this was because of an ongoing industry effort to trim the acreage to deal with an oversupply of the fruit.

The report said farmland prices continued to be pushed up by the demand for rural homesites — parcels much larger than city lots but often too small for commercial agriculture. This trend includes grazing land on the west and east sides of the valley, up into Tuolumne and Mariposa counties.

Edwards said the report overall shows that agriculture remains a key part of the valley economy.

"It's not the 800-pound gorilla, but it's stable, with the low spot being the dairy industry and the high spot being the almonds," he said.

The report, "2007 Trends in Agricultural Land and Lease Values," is available for $15 from the American Society of Farm Managers and Rural Appraisers. For more information, call 368-3672 or e-mail secretary@calasfmra.com.

4-30-07
Inside Bay Area
Tracy should ponder benefits from Site 300...Tim Hunt, former editor and associate publisher of the Tri-Valley Herald. He is the principal with Hunt Enterprises, a communications and government affairs consulting firm.
(In other words, one more journalist who has become a flak and a lobbyist -- Badlands)
http://www.insidebayarea.com/search/ci_5779417
LETTERS of support abound as the University of California and Lawrence Livermore National Laboratory seek to bring the nations premier agriculture and animal research facility to the labs Site 300 facility near Tracy. The missing letter, unfortunately, is from the nearest municipality to Site 300, the city of Tracy. The University of California is seeking what the Department of Homeland Security calls the National Bio and Agro-Defense Facility. There are 18 sites across the nation being considered with selection of three to five finalists scheduled in June...new site is scheduled to open in 2013 or 2014 and replace the governments current site at Plum Island off the coast of New York...homeland security department plans to build the lab to research human, zoonotic (animal to human) and animal diseases to counteract the potential terrorist threat of a weapons-grade animal diseases that have both human health effects as well as huge potential to disrupt the food supply. To conduct the research, the facility would contain secure biosafety labs at the level 3 and level 4 (most secure) levels. Forty University of California sites have BSL-3 labs, while there are seven BSL-4 labs operational in the United States. The UC effort has received a strong letter of support from Gov. Schwarznegger, as well as support from Livermore Mayor Marshall Kamena, Supervisor Scott Haggerty, Congresswoman Ellen Tauscher and former Assemblywoman Barbara Matthews from the Tracy area, as well as a number of agriculture and animal trade groups, such as the Farm Bureau. The San Joaquin Board of Supervisors is on record favoring the facility. The sticking point is Tracy... The lab and Site 300 management have a good safety record and have significantly upgraded security since the terrorist attacks of 9/11... Theres no BSL-4 further west than Montana despite the Bay Areas growing focus on the biosciences. Agriculture and ranching are huge economic engines in California, and there also are the potential dangers that come with being the container gateway to Asia through ports in Long Beach/Los Angeles and Oakland. The only question should be whether the facility can operate safety at Site 300, because once thats determined, the lab has nothing but upside for the region and the state.

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UC, Inc.

Submitted: Mar 25, 2007

The price of academic integrity

Jennifer Washburn lays out the case against the British Petroleum/UC,Lawrence Livermore National Laboratory, University of Illinois-Urbana deal: $500 million from BP to set up an Energy Biosciences Institute to do BP-directed science for BP profits, using public facilities and publicly paid university sciences.

"Big Oil buys Berkeley" lays out a completely compelling case against the deal. The one thing I thought she missed was consideration of how much $500 million in industry funds could suppress science tending to suggest that biofuels are not the silver bullet for our energy woes.

She touches on another theme, which I would have liked to see her explore further. I guess I'll have to buy her book, University Inc.: The Corporate Corruption of Higher Education.

This is shameful. The core mission of Berkeley is education, open knowledge exchange and objective research, not making money or furthering the interests of a private firm. In the last two decades, however, Cal and other universities — increasingly desperate for research dollars — have signed agreements that fail to protect their essential independence, allowing corporations excessive control over their research.

I agree it is a shameful, probably dangerous corruption of academic independence and the public mission of UC. It is as ethically indefensible as the salaries UC administrators get "so that they will be competitive with private industry standards." I also believe it will have the effect of suppressing ethical concerns at Cal, worsening an already blighted history in that area.

But, is the economic concern accurate? Are universities "increasingly desperate for research dollars"? And, if so, why? I am sure that the answer to that question is extremely complicated, involving the privatization of many formerly government functions, particularly in institutions like the Pentagon and the Department of Agriculture. Bear in mind that UC is a land grant university, whose Cooperative Extension has been working at the county level in California agriculture for many decades, with varied results depending in recent years on what agribusiness lobby is dominating the USDA at the moment.

Public funds, at least in California, account for roughly 25-percent of the UC operating budget. I don't know what the percentage is in New Mexico, where the UC/Los Alamos National Laboratory is one of the state's top employers. While it is safe to say that without that 25 percent, a great many things at UC could not happen. On the other hand, this percentage, shrinking through the years, is not in the commanding position it once was to enforce, economically, the mission of the university -- "education, open knowledge exchange and objective research." State funding of UC has suffered erosion, and is now seen as "local matching funds" somewhat similar to a local sweetener to attract federal highway funds for road projects. UC is funded, overwhelmingly, by private corporations and the federal government (the latter being in some instances pretty much like the former).

Passage in 1980 of the Bayh-Dole Act didn't help. This law enabled universities to

Public confidence in the objectivity of research may be eroded

Academia's relationship with private industry changed in the United States when Congress passed the Bayh-Dole Act in 1980.1 This law enabled universities to patent their discoveries and license them to private corporations. This policy fostered collaboration between academia and industry, which created jobs and products of immediate commercial value. But the delicate balance between academic and corporate expectations has swung too far toward private profit at the expense of public trust. Universities are threatened by a growing public concern that industry funding distorts research and undermines its traditions of objectivity, independence, and free exchange of ideas. -- The unhealthy alliance between academia and corporate America

--Spyros Andreopoulos, Director emeritus, Western Journal Med. 2001 October; 175(4): 225–226.

Furthermore, the process is well-established and champions of academic independence are not found either on the UC Regents or among UC administrators, who together comprise a committee that must rank among the premier grant whores in the world.

But, what if the public has doubts about ethanol and the genetic engineering that this oil company-funded scientific institute will be doing? How can the public compete against $500 million? What state legislator, during committee meetings on the UC budget (that little 25-percent matching fund) is going to stand up against a half a billion bucks? One can almost hear the sneer of UC lobbyists.

In short, the state's "public research university" has been hijacked by an oil company in what top UC officials are calling another win-win, public-private partnership. This is certainly not the first time this has happened -- consider the land boondoggle of UC Merced as a recent example, and UCM's proposed University Community as another. Novartis paid a mere $25 million to Cal for genetic research a few years ago. Conflict took place, involving Cal environmental scientist, Ignacio Chapela, indigenous cultivars of corn in Oaxaca, GMO gene drift, Nature Magazine and the awesome flak machine of the Biotechnology Industry Organization. Novartis chose to duck the heat and leave town. Chapela eventually got his tenure, blocked until he brought a lawsuit, by UC administration.

Let us, for a moment, consider another way of framing the issue, different from the win-win, public-private flak. We do this with apologies to another Cal professor, George Lakoff, one of the nation's leading sophists, who appears to be trying to patent the breath-takingly new idea of teaching liberals rhetoric.

UC depends on prestige for its grants. A one-tune pony, it must constantly employ legions of flaks to sing its song: "UC is the greatest public research university in the universe." In fact, it makes much more sense, producing a much richer sense of reality, to consider UC a public front for corporate and federal government research (much of which is guided by corporate lobbies).

What happens if you take the "public" out of the win-win, private partnership between UC and the oil company? If the public, with its mere 25-percent ante on the table, is unable to guide UC research to something of importance to the public, why not remove the ante and take its money off the table? UC isn't committed to educating the youth of California. UC is about UC prestige in some of the most lethal science and technology known to man. Arnold the Hun and the Legislature remain in the game of matching funds strictly to be seen as Big Shots in the glowing reflection of UC "public" research, which isn't public and may not even be research so much as it is flak-money spent to suppress science suggesting that the corporate sponsor du jour is researching things of actual danger to the public.

Badlands Journal
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3-24-07
Los Angeles Times
Big oil buys Berkeley...Jennifer Washburn
http://www.latimes.com/news/opinion/commentary/la-oe-washburn24mar24,1,2582704.story

ON FEB.1, the oil giant BP announced that it had chosen UC Berkeley, in partnership with the Lawrence Berkeley National Laboratory and the University of Illinois at Urbana-Champaign, to lead the largest academic-industrial research alliance in U.S. history. If the deal is approved, BP will give $500 million over 10 years to fund a new multidisciplinary Energy Biosciences Institute devoted principally to biofuels research. Gov. Arnold Schwarzenegger, UC administrators and BP executives immediately proclaimed the alliance — which is not yet a done deal — a victory for higher education and for the environment. But here's another way to see it. For a mere $50 million a year, an oil company worth $250 billion would buy a chunk of America's premier public research institutions, all but turning them into its own profit-making subsidiary. This is shameful. The core mission of Berkeley is education, open knowledge exchange and objective research, not making money or furthering the interests of a private firm. In the last two decades, however, Cal and other universities — increasingly desperate for research dollars — have signed agreements that fail to protect their essential independence, allowing corporations excessive control over their research. Most corporations sponsor university research one study and one lab at a time. With the Energy Biosciences Institute, BP would exert influence over an entire academic research center (spanning 25 labs at its three public partners), bankrolling and setting the agenda for projects that cut across many departments. What's more, BP would set up shop on campus:... BP also would set up private labs on these campuses, where all the research would be proprietary and confidential. The fine print of the plan, which UC made public only after it was leaked, doesn't create much confidence. Californians need to know that their public university is dedicated to pursuing the best science, not just science that generates profits for BP. Five hundred million dollars is a nice chunk of change, but does any amount of money justify "reinventing" UC Berkeley's academic integrity?

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McClatchy-Merced launches investigation of RMP chief John Condren

Submitted: Jan 29, 2007

McClatchy-Merced is digging up dirt on John Condren, CEO of the Riverside Motorsports Park, whose massive auto-racing project was approved last month by the Merced County Board of Supervisors.

Before going into what meager details the investigation has so far revealed, a little perspective on McClatchy's recent "news" offerings is required.

Big McC- Modesto reported Sunday that "visionaries" see a whole new city growing up in northern Merced County, made of unincorporated Delhi, Hilmar and Stevinson, housing as many as 50,000 people. McClatchy-Modesto goes on to report a big meeting on this subject between Rep. Dennis Cardoza and Turlock Mayor John Lazar. The article presents Riverside Motorsports Park, which claims it will produce 50,000 more people for feature events, as the anchor entertainment tenant for north Merced County growth. Much is said about sewer capacity, but Hostetler's totally illegal, 42-inch sewer trunk line aimed toward Stevinson from Livingston's sewer plant is not mentioned. Supervisor Diedre Kelsey, in whose district most of this growth is envisioned to happen, said:

"We just spent five years and more than a million dollars on the Delhi Community Plan. Then the county waltzes in and throws this out without letting me know about it. "Why do we create these (growth plan) committees, tell them we're going to work with them, then shaft them?" Kelsey continued. "I am not a happy camper. I hate to be a scold, but something has to change. We're going to get San Jose gridlock if we don't think a little smarter."

Elsewhere in the pages of local McClatchy outlets a different story is being told: of a mounting foreclosure rate, of developers walking away from options, of the end of the speculative housing boom. However, this obese media conglomerate tells the story strictly from the point of view of finance, insurance and real estate interests. Faced with real news about the tragedies unfolding throughout the north San Joaquin Valley, they quote predators blaming their victims, who are not interviewed about who qualified them for loans they did not understand, who foreclosed on their mortgages and what these victims of predatory lending and real estate huckstering are going to do now.

McClatchy has made a fortune off real estate and finance advertising, urging everyone to "realize the dream of home ownership" in one of the nation's least affordable housing markets. Thousands of speculators plunged into this market, now renting their properties for a quarter or a third the price of the mortgage.

Rising foreclosure rates are beginning to look a bit like the number of dead rodents observed at the beginning of plague outbreaks. The former Pombozastan, the 11th and 18th congressional districts of the north San Joaquin Valley, nationally famous for its aggression against federal environmental law and regulation, is drowning in red ink.

McClatchy is now reduced to writing stories about visions of growth to show it stands squarely behind the disappearing advertising revenue of the huckster class in a region without the jobs to stimulate the demand for housing. This boom was caused by a surplus of real estate speculation, not by genuine demand for housing that few locals could afford except for awhile through time-bomb loans.

In California, land-use decisions are made predominantly by city councils and county boards of supervisors. Reason and legislative intent would suggest that these elected officials would have some care for the health and welfare of their existing communities and would not fall for each and every vision produced by huckster speculators.

Obviously, that is not how it works. The huckster comes to the local land-use authority with a project. If it is sizeable, the huckster provides planning help and biologists to fashion the environmental documents to suit the needs of their employer. Local land-use officials judge the veracity of these documents by weight: the heavier they are the better their arguments must be.

Meanwhile, the huckster has signed an indemnification agreement with the local land-use authority, stating that if some members of the public sue the land-use authority for its approval of the project's environmental documents, regardless of the merits of the public's case, the huckster will pay all legal costs arising from the lawsuits.

Indemnification allows elected officials to treat public opposition to development projects with complete contempt -- and they do. They don't read comment letters and they frequently insult opponents of development when they testify. They just pass the public comment letters on to the hucksters' lawyers. "Your problem now." As long as it doesn't cost the city or county anything in legal expenses, why not approve it?

The answer to that question lies in the legal briefs of the lawsuits brought against those projects. These briefs are taboo topics for the newspapers. Lawsuits against development projects represent opposition to the hand that fattens McClatchy. The conglomerate media chain considers its own interests and allies itself with special interests rather than the common good. McClatchy's idea of a story on the impending environmental disaster in the north San Joaquin Valley is to support Cardoza-UC/Great Valley's call for wider highways, more parkways and more highway interchanges?

McClatchy-Sacramento has now taken to calling people who defend the laws of public process in California "voyeurs." It is a laughably fake journalism to write a story about the Brown Act, which provides Californians with open meeting laws, while simultaneously calling people who insist on their rights under the act as "voyeurs." This attack includes the unsubtle suggestion that if one is not a Big McC professional journalist, he should not be sticking his nose in public business. We have reached a point in most of Central California that what the McClatchy Co. says is news is the only news.

If members of the public Big McC labels "voyeurs" protest that a land-use authority has violated the Brown Act, the politicians say, "Who cares? We're indemnified."

Rather than face the issues on the Riverside Motorsports Park, now that its environmental review has been approved and two lawsuits have been filed against it, Big McC Merced has launched a terrific personal attack on John F. S. Condren, CEO for RMP.

It seems that McClatchy-Merced rag was provided a big bucket of the well known substance and instructed to throw at at the barn door to see what stuck. This, after it endorsed the project and misled potential litigants about the deadline for filing lawsuits against it. Real investigative reporting would have started by reading the environmental impact reports on the project, the briefs of the suits filed against it, and familiarity with basic environmental law.

A racetrack huckster is accused of having lied about his resume.

This is news?

From the standpoint of public health and safety, are the lies Condren is accused of telling on his resume more important than the environmental impacts of his project? Is the story that he may have bilked some Mormon investors in Nauvoo, IL more important than that his project may finally solidify the San Joaquin Valley's position as the worst air pollution basin in the United States, surpassing Los Angeles at last? Is the story that this man went bankrupt twice more important than what his project would do to traffic congestion on narrow county roads used for farm equipment transport, moving cows on foot, or for moving huge quantities of nuts to local processors during the harvest season?

And what about some sort of perspective on the project? What is the point of bringing an eight-track major stockcar venue, which will attract up to 50,000 spectators on feature event days, at the same time as US military forces are losing one war for oil resources and about to start another? What is the message here? We should worship the automobile, the ultimate cause of our resource wars? Or have we been simply inundated with propaganda through our McClatchy outlets for so long we don't know any better? The University of Calfornia has already contaminated groundwater near Tracy with depleted uranium at its bomb-testing site, and now it wants to build a biowarfare lab there, testing the most dangerous toxins known to man. But for years, our conglomerate media has been selling visions -- the sales pitches of private and public hucksters. From Carol Tomlinson-Keasey, the Cowgirl Chancellor of UC Merced through Condren, we've been fed a steady diet of their greedy dreams, based on the exploitation of our land, water, air, and economy?

The problem McClatchy now faces is that all those greedy visions were profit centers for the newspapers. Now they are disappearing, leaving a foreclosure glut in place of a speculative boom in real estate. People in foreclosure are not good advertisers.

McClatchy also faces a crisis in political access. The Pomboza is defunct, Cardoza failed to gut the Endangered Species Act, UC Merced failed to ram its mitigation through federal agencies and is being sued on its community plan, Cardoza and irrigation districts failed to destroy the San Joaquin River Settlement, and -- through the Riverside Motorsports Park approval -- the Merced County Board of Supervisors has been revealed possibly to have been the marks in a long confidence game, which does not inspire confidence in the veracity of their obligatory quotes.

Didn't anyone remember Anne Eisenhower, the "president's granddaughter"? The blonde with the big hats, the big plans for Castle and the non-existent investors? Didn't anyone at the McClatchy outlet remember the immortal lead of pre-McClatchy reporter, Gary L. Jones, on another scam at Castle: "Ding, ding, ding goes the bell. Bounce, bounce, bounce goes the check"?

The factual situation is that two lawsuits have been filed against the Merced County Board of Supervisors, the elected county land-use authority, and a limited liability company called Riverside Motorsports Park. Petitioners argue that the board's approval of the project was illegal for a number of reasons.

There is always dirt. The hit on Condren raises questions.

Who wants the dirt dug up?

When do they want it dug up? (There is very little in this information that was not available before the board approved the project)

Why do they want it dug up?

Are any members of the Nicholson Co. related to county Assistant Planning Director Bill Nicholson?

Other, more speculative questions include:

If Condren truly is the former Nauvoo bunco artist the paper portrays him to be, is it possible, through a shell game with companies, he has managed to escape the indemnification agreement with the county?

If its indemnification is shaky and Condren is absent, what will the county do?

Could these cases lead to judicial review of the corrupt practice of development-project proponents indemnifying the land-use authorities charged with approving their projects under the California Environmental Quality Act?

If Condren actually did break some serious laws and was indicted, what testimony could he offer about how approval of the racetrack project was obtained?

Badlands editorial staff
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Notes:

1-29-07
Merced Sun-Star
Numbers don't add up for RMP -- never did...Steve Cameron
http://www.mercedsunstar.com/columnists/story/13242383p-13878034c.html
Apparently John Condren, the traveling start-up guru who insists he can plop a $250 million racing complex onto a local almond orchard, fudged a bit on the resume he's been selling. Condren's now had to change several things on his Web site bio and backpeddle on a few other curious tidbits... Imagine how that news might play with his would-be partners at NASCAR... Whatever Condren's background and how much of it might be true, it really isn't going to matter much if we're talking about the future of Riverside Motosports Park -- and more specifically, whether Merced County ever might be home to a massive auto-racing project with a price tag in the neighborhood of a quarter-billion bucks. The thing's never going to happen. ...the super-sized monster that Condren's been pitching to Merced politicians and business leaders doesn't have a chance in hell. Never. ...some good news...ultimately we'll see a racing complex built somewhere in the general vicinity of Castle Air Force Base...whatever turns up won't be anything like Condren's proposed Disneyland-with-engines. And it'll cost less...with a price tag somewhere in the $20 million range is not only feasible, it makes good business sense. But the guy's history suggests ideas involving monstrous amounts of money -- not to mention a couple of bankruptcies -- and he definitely enjoys living large... Nobody in Merced County ever has done any serious checking about this kind of megacomplex and where anyone would find the money to build it, so let me help you out. I've talked to people at NASCAR, to track operators, to investment firms who loan money for such things -- and most of them think I'm joking when they hear the full Riverside proposal. "There is no way -- none -- that you could spend $250 million for any kind of auto racing complex in Merced County unless you're Bill Gates and doing it just for a hobby. "It is totally impossible for a racing facility there -- a place without Nextel dates, on top of it -- to generate a fraction of the revenue necessary to handle the debt service just to build the thing. Consider AT&T Park, the San Francisco Giants' sparkling facility that cost well north of $350 million when it was privately financed a few years ago...Principal owner Peter Magowan couldn't find a bank in California to loan the $175 million... If that's a problem for the Giants with their string of sellouts and major advertising deals...imagine where on earth anyone would find that kind of money running a motorsports complex which -- sorry for this -- is still considered in the middle of nowhere? "There just aren't going to be 50,000 people coming to Merced County for what would be middle-tier racing at best," admitted a member of Condren's original investment group. "It won't work the way he's been selling it, and it was never going to work." Nope.

Modesto Bee
Tee up 9 more holes, a town?...Garth Stapley
http://www.modbee.com/local/story/13242325p-13877977c.html
TURLOCK -- The men behind JKB Homes...In fields beyond 60 older homes in two nondescript subdivisions bordering the Turlock Golf & Country Club, the builders envisioned a new town...if allowed by Merced County leaders: Add nine holes around which thousands of homes could be built. Plans covering 1,600 acres also feature a village center with shops, lakes and two sites for future Hilmar Unified School District schools. But the focal point remains the golf course. Built in 1925, it's surrounded mostly by dairies and open farmland. In May, JKB quietly submitted a request to Merced County officials for a "guidance package," or a preliminary development plan and schedule. A response from the county is expected in a few months.

1-28-07
Modesto Bee
Gearing up for Growth...Garth Stapley...EDITOR'S NOTE: First in a two-part series.
http://www.modbee.com/local/story/13240230p-13875857c.html
A rural swath straddling two counties south of Turlock could be teeming with new homes and tens of thousands of people in the next couple of decades. If plans materialize, unassuming, unincorporated Stevinson, Delhi and Hilmar, plus a new town proposed between the last two, collectively could produce about 50,000 more people. That's like squeezing what would be Merced County's second-largest community, in terms of population, into a relatively compact, unincorporated patch of north Merced County. Turlock is eyeing a southward growth surge... Visionaries see the area producing one of the state's next cities. That would be Delhi...next door, developers want a new, unincorporated town to spring up around the Turlock Golf & Country Club...down the road in Atwater, plans roll on for an eight-track, $240 million raceway complex... The potential for a significant growth wave came up last week in a Washington, D.C., lunch meeting between Rep. Dennis Cardoza and Turlock Mayor John Lazar... But the very prospect of that many more cars, homes and people demands close attention, said Merced County Supervisor Deidre Kelsey, who represents most of the area in the potential growth explosion. "We're going to have to approach growth in a very moderate, phased, well-planned method," Kelsey said, "or we're going to have pandemonium." Holding back the tide for now is a lack of adequate asphalt. Roadway, exit changes needed...Charlie Woods, Turlock's community development director. "The whole key is having a connection to 99." Merced County planners will continue shaping a growth plan for Hilmar that would allow it to double in size...owners of land around the famed Stevinson Ranch golf course will bide their time, hoping someday to see nearly 19,000people where now there are 400...Delhi remains the developers' best hope in the near future. Stores would bring tax revenue...That would change in a big way with new shopping centers along Highway 99...stores, planners say, could provide a tax base needed for Delhi to become a city. The advisory council studies and debates and recommends, but has no real control over Delhi's destiny. That power rests with the Merced County Board of Supervisors, whose five members have only one -- Kelsey -- representing the town. A 3-2 majority last month sold out Delhi, Kelsey said, with a vote favoring the Riverside Motorsports Park. Planners went behind her back, she said, to justify a traffic route to the complex from interchanges in and near Delhi. "I'm fairly well disgusted," Kelsey said. "We just spent five years and more than a million dollars on the Delhi Community Plan. Then the county waltzes in and throws this out without letting me know about it. "Why do we create these (growth plan) committees, tell them we're going to work with them, then shaft them?" Kelsey continued. "I am not a happy camper. I hate to be a scold, but something has to change. We're going to get San Jose gridlock if we don't think a little smarter." Sewage expansion...Supervisors supporting the raceway say it presents a golden opportunity to give Merced County a much-needed economic shot in the arm. Delhi's advisory council members, meanwhile, are preoccupied with a more immediate problem: sewage. Retailers will follow homes...Some growing communities require a certain amount of commercial and industrial development as a condition of approving more homes, to keep from becoming too much of a bedroom community, which Delhi already is. Homes cost the government more in police, park and other services than their property taxes provide. But Delhi movers and shakers are resigned to first welcoming more houses, whose developers -- they hope -- will provide the infrastructure needed to lure retailers. Future Growth Hot Spots...Southeast Turlock, Riverside Motorsports Park, Delhi, 99-165 project, Turlock Golf & Country Club, Hilmar & Stevinson

Sewers plug up the plans for Delhi...Garth Stapley
http://www.modbee.com/local/story/13240225p-13875848c.html
A small water and sewer district with a record of chronic environmental violations appears to stand in the path of this town's hope to become a real city. Incorporation could follow huge shopping centers — with a treasure chest of sales taxes — envisioned in Delhi's recently adopted growth plan. But any new stores, not to mention 5,500 more homes, depend on adequate sewer capacity. Home builders hoping to mine gold from the future growth explosion say they are increasingly irritated with foot dragging by the Delhi County Water District... Central Valley Regional Water Quality Control Board says Delhi's plant for years has discharged into the earth twice the maximum amount of organic matter allowed by law. 'District has not moved forward'...Bert Van Voris, a supervising engineer with the water quality control board, said the plant also polluted groundwater when nitrates leached from a pile of solids mucked from the plant's storage ponds. And, the plant needs more disposal land for the amount of wastewater it treats... Merced County Supervisor Deidre Kelsey, who represents Delhi, described sewer board members as "real old school" and "always complaining." "The water board has the ability to lead the incorporation effort," Kelsey said. "But they're just contrary. They don't want to do anything."

Fresno Bee
Revving up air district. Regulators must become more aggressive in struggle for clean air...Editorial
http://www.fresnobee.com/274/story/26640.html
The San Joaquin Valley Air Pollution Control District has presided over some improvements in air quality since its inception in the early 1990s, but most of its achievements have been driven by outside influences, usually lawsuits by environmentalists or legislation from Sacramento...for example, new regulations governing pollution from Valley agriculture. A number of them have been put in place, against strong opposition from the ag community. But it wasn't the air district that pushed for those changes, it was state Sen. Dean Florez, who managed to get a package of legislation out of Sacramento that has done a great deal to reduce pollution from ag sources. Part of the air district's problem is structural...makeup of the district's governing board is dominated by politicians who are largely beholden to special interests, many of whom are more interested in protecting a profitable status quo than they are in cleaner air. There have been efforts to alter the makeup of the board by adding scientists and environmental voices to the panel, as well as permanent seats for representatives of the largest cities in the eight-county district. Those efforts have been fought tooth-and-nail by the county supervisors who dominate the governing board. The district's leaders have noted that they have no control over so-called "mobile sources," emissions from vehicles... That's true. Federal and state agencies are charged with regulating those emissions, and they haven't been go-getters themselves - especially the feds under the Bush administration. But the air district has been noticeably reticent when it comes to agitating for changes that might actually help reduce vehicular pollution. The district has a pulpit - why isn't it being used to bully recalcitrant federal and state officials into action? The clock is ticking for hundreds of thousands of Valley residents... Many people are fleeing, and others are not moving here because of the filthy air. The status quo is killing people. It's time for the San Joaquin Valley Air Pollution Control District to shift to a higher gear. If it can't, perhaps we need to trade it in on a newer, more aggressively air-friendly model.

1-27-07
Merced Sun-Star
Is John Condren really who he claims to be?...Corinne Reilly, Leslie Albrecht contributed to this story
http://www.mercedsunstar.com/local/story/13237439p-13873173c.html
Riverside Motorsports Park CEO John Condren has billed himself as a skilled corporate executive and entrepreneur who has successfully launched, managed and sold companies across the country and around the world. But a Sun-Star investigation into Condren's professional past has revealed another picture of the businessman who has promised to build a quarter-billion-dollar racetrack complex that could change the face of Merced County. It's marked by bankruptcies, failed businesses and unpaid debts. Some of the claims Condren has made about his professional past, as posted in a profile that appeared on RMP's Web site, are either embellished or false, the Sun-Star has found. The profile was altered to correct some of the inaccuracies on Wednesday, following inquiries from the Sun-Star. Controversy drew the spotlight...Since initial environmental reviews of Condren's proposal were released in November 2005, the project has become perhaps the most controversial in local history. The debate included little discussion of Condren's professional past and Condren has remained guarded about his background and the project's financial backing, twice declining interviews with the Sun-Star for a profile story. Numerous Web biography inaccuracies... Two bankruptcies were filed... Condren maintains his failed businesses and bankruptcies are no reflection on his ability to manage his current undertakings.A statement attributed to RMP's board of directors that Condren sent the Sun-Star this week said RMP's "board and the company's investors and shareholders are extremely pleased with the integrity, honesty, focus, leadership and resolve shown by Mr. Condren over the last six-and-one-half years that he has led the company."

Farmland skyrocketed in value in racetrack plan...Leslie Albrecht
http://www.mercedsunstar.com/local/story/13237445p-13873182c.html
While the debate over the Riverside Motorsports Park grabbed headlines last year, another story quietly unfolded: how a swath of farmland tucked behind a decommissioned Air Force base, a chicken ranch, and a federal prison came to be worth $12 million. The following timeline traces how it happened.
1930s: The Morimoto family, Japanese farmers, settle in Merced County. They acquire the property northeast of the future Castle Air Force Base over the next several decades, according to the cultural resources section of the Riverside Motorsports Park environmental impact report....1999: The Morimotos propose building a 376-acre industrial park called Pacific ComTech on the property adjacent to Castle Air Force Base...Oct. 5, 2001: John Condren registers Riverside Motorsports Park as a limited liability company with the California secretary of state...Oct. 16, 2002: The Airport Land Use Commission votes unanimously that Pacific ComTech Industrial Park is compatible with the Airport Land Use Compatibility Plan...Late 2002: John Condren pitches his racetrack idea to The Nicholson Co...Dec. 17, 2002: The Board of Supervisors approves Pacific ComTech Industrial Park...Jan. 17, 2003: Two local environmental groups, the San Joaquin Raptor Rescue Center and Protect Our Water, file a lawsuit against the county over the approval of the Pacific ComTech Industrial Park...March 18, 2003: The Nicholson Co. creates a partnership called Race Ranch LP ...March 20, 2003: Race Ranch LP buys the 1,300 acres adjacent to Castle from the Morimotos for $5,143,000...March 25, 2003: Race Ranch LP takes out a $4,225,000 mortgage on the property with Wells Fargo Bank in San Francisco...April 8, 2003: The Board of Supervisors meets in closed session and approves a settlement agreement with the San Joaquin Raptor Rescue Center and Protect Our Water. The settlement reverses approval of Pacific ComTech Park. The property reverts to agricultural zoning and is removed from the Castle Specific Urban Development Plan area....Aug. 12, 2003: Riverside Motorsports Park LLC publicly announces plans to build...Oct. 1, 2003: The Airport Land Use Commission votes unanimously that the Riverside Motorsports Park is not compatible with the Airport Land Use Compatibility Plan...Nov. 2005: Merced County releases the draft environmental impact report...September 2006: John Condren registers another LLC, called RMP Agricultural Group, with the Secretary of State...
Dec. 12, 2006: The Board of Supervisors votes on the first series of actions required to allow Riverside Motorsports Park to go forward. The environmental impact report is certified, the land is rezoned from agricultural to planned development and added to the Castle Specific Urban Development Plan, and the board overrules the Airport Land Use Commission's finding the RMP is not compatible with the Airport Land Use Compatibility Plan.
Dec. 18, 2006: Race Ranch LP sells the 1,300 acres near Castle to Riverside Motorsports Park LLC for $12,254,000.
Dec. 18, 2006: Riverside Motorsports Park LLC takes out a $12,500,000 mortgage with Missouri-based First Bank. Condren would not say how much his mortgage payments will be, but he says the profits from 700 acres of almonds on the land and rent paid by farmers leasing the land will cover them.
Dec. 19, 2006: The Board of Supervisors casts final votes to approve the Riverside Motorsports Park by approving the General Plan amendment. RMP has two years to submit a development plan to the county. If it does not meet that deadline, the Board of Supervisors must vote on whether to reverse the zoning and land-use changes approved for RMP, said county spokesman Mark Hendrickson. As the zoning stands now, only a raceway complex can be built on the RMP site. "If they wanted go out there and build a shopping mall, they couldn't do it, it would have to be a multi-venue racetrack," said Hendrickson.
Dec. 21, 2006: Riverside Motorsports Park LLC leases the 1,300 acres to Hull Farms LLC, another company under The Nicholson Company. According to the lease memorandum filed in the county recorder's office, Hull Farms has an option to buy the land that expires in November 2009. Hull Farms and RMP also signed a subordination agreement that says if First Bank forecloses on RMP's mortgage, the lease remains intact, including Hull Farms' option to purchase the land. Both Condren and The Nicholson Company say it's unlikely Hull Farms will exercise its option to buy the 1,300 acres. The option, Condren said, was included in the lease as a "safety valve" in case the Board of Supervisors did not approve the project. Condren said he has no intention of selling the land. Why would I ever put myself in a position to lose the property after we worked so many years?" Condren said. "Why would I sell it when I can build a motorsports park there that's worth way more? Tenacity is my middle name." Condren predicted that the raceway complex will be up and running by the time Hull Farms' option to buy expires. The Nicholson Company could help construct some buildings on the RMP site, said Craig Nicholson, but no formal agreement is in place. Condren also offered The Nicholson Company "membership options" in Riverside Motorsports Park LLC, but The Nicholson Company is not a partner in RMP at this point, Nicholson said.
Jan. 18, 2007: The San Joaquin Raptor Rescue Center, Protect Our Water, Citizens for the Protection of Merced County Resources, and the California Farm Bureau Federation sue the county over the Board of Supervisors' approval of Riverside Motorsports Park. All four groups say the county failed to adequately study RMP's environmental impacts.

1-26-07
Merced Sun-Star
He's all revved up, part 2...Loose Lips
http://www.mercedsunstar.com/local/story/13232983p-13869661c.html
Riverside Motorsports Park CEO John Condren was apparently "angry and saddened" that someone leaked one of his e-mail messages to Loose Lips last week.
Well, it's happened again.
Here's the message Condren fired off after he found out his e-mail had entered the public domain:
"Gentlemen:
Five minutes ago, I received a telephone call from a reporter at the Merced Sun-Star who stated that their Editor, Mr. Joe Kieta, just handed her a copy of the e-mail I sent out yesterday announcing that RMP had reached a settlement with the Bureau of Prisons and was close to securing a settlement with Foster Farms. She was looking for additional comment.
This e-mail was sent to you -- a very select few -- in confidence to keep you up to date on the RMP project's progress. To that, the legal notice at the bottom of this, and every e-mail sent by RMP, is not placed there solely to take up space on the page. I am sending this e-mail to the 15 of you who were sent the original message. It is now clear that a trust has been broken. I can only assume that other confidential information that I have entrusted within the "leaders of the community" has also been disseminated, including the current campaign to stop the legal action taken against Merced County and RMP by the Farm Bureau.
I am both angry and saddened by this event.
I have notified the Sun-Star that any use, quotation or dissemination of the information within that e-mail will result in legal action by RMP.
John Condren"
Lips would like the "leaders of the community" to know that they are always welcome to send "confidential information" our way.

1-24-07
Merced Sun-star
RMP delay costs all of us...Roger Wood, Atwater...Letters to the editor
http://www.mercedsunstar.com/opinion/story/13226018p-13863438c.html
Now that the Board of Supervisors has completed its actions to approve Riverside Motorsports Park, the big question for the future is, what will the opponents do next? The project created the largest environmental impact report in the county's history (even bigger than the UC Merced report). The opponents were given substantial time to speak to the board about their concerns. I along with many others believe that the opponents (at least some of them) will now try to stop the RMP through some sort of legal action. What will be the result of the possible litigation? The first thing...project will be delayed. The second thing...RMP will be forced to spend a substantial amount of money to defend itself. What is the effect of the possible litigation on the great majority of citizens of Merced County who support RMP? Number one is that we will not get to enjoy the benefits of RMP... A second... we may not get as good a project as has been planned by RMP. Perhaps RMP will find a site somewhere else... I encourage the opponents to stop their opposition to the RMP and participate in the annual reviews that have been set up as part of the county's permit process. These annual reviews are intended to correct problems as they develop. We need to remember that it is in RMP's best interests to remedy any problems that develop. They do have a business to run. Recurring problems are not conducive to a successful business.

1-19-07
Badlandsjournal.com
(from a Merced Sun-Star article that does not seem to be posted on its website now)
After the Merced County Farm Bureau announced plans to sue the county over its approval of the $230 million, 1,200-acre racetrack proposal, RMP CEO John Condren put out a call to arms.
In an e-mail message sent Wednesday afternoon to business heavies Steve Newvine, Julius Pekar, Doug Fluetsch, Robert Rodarte, Bob Carpenter and Bob Rucker, Condren wrote the following. We quote without editing:
“Good day to all -I am pleased to report that RMP has reached a settlement with the US Bureau of Prisons and is close to having a settlement with Foster Farms. Keep your fingers crossed on that one. To date, the Merced County Farm Bureau is the only legal challenge we face. Regarding the Merced County Farm Bureau, they have filed a Notice of Action against Merced County (referencing the RMP EIR) that gives them 10 days to file their actual lawsuit.
Countering this move, our very own Scott Reisdorfer has initiated a campaign to pressure the Farm Bureau to withdraw their lawsuit. Scott has made contact, and continues to make contact, with various farming and ag members and ag-based organizations that are proponents of RMP. All have agreed to inundate the Farm Bureau’s offices with phone calls, fax and e-mails demanding that the Farm Bureau back-down.
If you can help with this campaign, please do so! Thanx - John Condren” --

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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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Comments on Measure G

Submitted: Nov 04, 2006

Members of the public concerned that Merced County and Merced County Association of Governments immediately recycled Measure A as Measure G after the Primary Election defeat of Measure A, tried repeated times, via California Public Records Act requests, to obtain accurate, complete information about Measure G. Errors and inconsistencies appeared in both the County sample ballot and Measure G Voter Information Pamphlet.

Without the opportunity to view the documents before they were published, the public was unable to spot the errors and advise the County of them. Although officials made themselves available, they did not make most of the requested material available, critics of Measure G said Saturday.

The Measure G Voter Information Pamphlet, for example, calls the measure a "1/2-cent" tax on one page and a "1/2-percent" tax on another. Which is it: a half-cent sales tax per transaction or a half-percent per dollar sales tax on all transactions? local activists asked.

This is misleading "information." If it was not deliberately misleading, the public might have provided a helpful review of this propaganda-as-information before it was sent to every registered voter in the county between Oct. 10 and Oct. 16.

The publicly funded Measure G "information" pamphlet, printed to look exactly like a sample ballot pamphlet, also informs the public that the tax will start on "Oct. 1, 2006." If Merced County retailers, going into the Christmas season, had been allowed to review this document, they would probably have objected to this retroactive, probably illegal tax, critics of Measure G noted.

Members of the public also expressed concern about the accounting of campaign
contributions for measures A and G, which appear to commingle funds from both campaigns. Measure A failed in the Primary. Measure G is a different campaign by a different name in the General Election. Yet, local researchers found, the County recorded contributions to both campaigns as one campaign fund. This may be yet another irregularity in Merced County elections administration.

Another irregularity critics point out is that MCAG or the County or both of them have appointed a citizens oversight committee to monitor the spending of Measure G funds before the citizens have even voted on Measure G, which may or may not be the same as Measure A, but no one is quite sure because neither the County or MCAG have released the actual text of Measure G to the public for review. By the way, neither proponents nor opponents of Measure G, whose comments are printed in the sample ballot, were allowed to see the official text of Measure G, on which they commented.

The public is also concerned about the accounting of campaign contributions for
measures A and G. These funds appear to be commingled. It is understandable that if a candidate wins a primary election or gets enough votes to gain a runoff, campaign finance accounting could roll over the amounts into the general election period.

However, critics are concerned that, since Measure A was defeated in the primary election, accounting that presents cumulative contribution amounts in Measure G accounts that include Measure A contributions is irregular.

Critics of the county planning process are also concerned about a transportation plan promoted by the Merced County Association of Governments that is separate and unrelated to the proposed update to the county General Plan and numerous city and community plan updates now in progress. It looks like whenever lawful planning processes threaten, developers in Merced just pile on another layer of plans and more taxes on the people.

On Friday, the federal court ruled to bar certification of the elections in four Merced cities due to violations of the Voting Rights Act. County elections irregularities appear to be multiplying. Meanwhile, Rep. Dennis Cardoza sits on the third floor of the Merced County Administration building, presumably mulling his economic options as the County administration crumbles beneath his feet, noted one critic of government in Merced County.

Critics of Measure G speculated that the campaign for Measure G might achieve $1 million in campaign funding. However, the public will not know until the last campaign finance period is reported, well after the General Election.

Measure G remains a regressive tax: an increase on sales tax that will fall hardest on the poorest for the benefit of the richest.

Bill Hatch

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Biofuels: a critical perspective

Submitted: Nov 02, 2006

Most people have some trouble developing a critical point of view on an issue without a little help from critics. As it stands in the southern tier of the Pomboza (that part of the district controlled by Rep. Dennis Cardoza, Polar Bear/Shrimp Slayer-Merced) biofuel is the hottest technology since the six-foot, deep-ripping chisel, built to tear up seasonal grasslands for temporary orchards and vineyards that will become subdivisions. And we won’t get no help from the newspaper.

Now, Merced dairymen working out their Midwest corn budgets for next year, will complain to each other and their bankers about a price hike, which they are told is the result of competition with biofuel. But farmers are price takers. They are used to it and accept it and don’t try to think about it too much, particularly when milk prices are down below breakeven.

The article below is a good rundown on criticisms of the latest “ecological” fad, biofuels, and should help restore our sane view that Cardoza is the same-old, same-old, ignorant hustler he always has been despite his latest reinvention of himself as a post-Pombo environmentalist with solar panels on his roof.

Bill Hatch

Running on Hype
The Real Scoop on Biofuels
By BRIAN TOKAR
Counterpunch.com – Nov. 1, 2006

You can hardly open up a major newspaper or national magazine these days without encountering the latest hype about biofuels, and how they're going to save oil, reduce pollution and prevent climate change. Bill Gates, Sun Microsystems' Vinod Khosla, and other major venture capitalists are investing millions in new biofuel production, whether in the form of ethanol, mainly derived from corn in the US today, or biodiesel, mainly from soybeans and canola seed. It's literally a "modern day gold rush," as described by the New York Times, paraphrasing the chief executive of Cargill, one of the main benefactors of increased subsidies to agribusiness and tax credits to refiners for the purpose of encouraging biofuel production.

The Times reported earlier this year that some 40 new ethanol plants are currently under construction in the US, aiming toward a 30 percent increase in domestic production. Archer Daniels Midland, the company that first sold the idea of corn-derived ethanol as an auto fuel to Congress in the late 1970s, has doubled its stock price and profits over the last two years. ADM currently controls a quarter of US ethanol fuel production, and recently hired a former Chevron executive as its CEO.

Several well-respected analysts have raised serious concerns about this rapid diversion of food crops toward the production of fuel for automobiles. WorldWatch Institute founder Lester Brown, long concerned about the sustainability of world food supplies, says that fuel producers are already competing with food processors in the world's grain markets. "Cars, not people, will claim most of the increase in grain production this year," reports Brown, a serious concern in a world where the grain required to make enough ethanol to fill an SUV tank is enough to feed a person for a whole year. Others have dismissed the ethanol gold rush as nothing more than the subsidized burning of food to run automobiles.

The biofuel rush is having a significant impact worldwide as well. Brazil, often touted as the the most impressive biofuel success story, is using half its annual sugarcane crop to provide 40 percent of its auto fuel, while increasing deforestation to grow more sugarcane and soybeans. Malaysian and Indonesian rainforests are being bulldozed for oil palm plantations-threatening endangered orangutans, rhinos, tigers and countless other species-in order to serve at the booming European market for biodiesel.

Are these reasonable tradeoffs for a troubled planet, or merely another corporate push for profits? Two new studies, both released this past summer, aim to document the full consequences of the new biofuel economy and realistically assess its impact on fuel use, greenhouse gases and agricultural lands. One study, originating from the University of Minnesota, is moderately hopeful in the first two areas, but offers a strong caution about land use. The other, from Cornell University and UC Berkeley, concludes that every domestic biofuel source ­ the ones currently in use as well as those under development ­ produces less energy than is consumed in growing and processing the crops.

The Minnesota researchers attempted a full lifecycle analysis of the production of ethanol from corn and biodiesel from soy. They documented the energy costs of fuel production, pesticide use, transportation, and other key factors, and also accounted for the energy equivalent of soy and corn byproducts that remain for other uses after the fuel is extracted. Their paper, published in the July 25th edition of the Proceedings of the National Academy of Sciences, concluded that ethanol production offers a modest net energy gain of 25%, resulting in 12% less greenhouse gases than an equivalent amount of gasoline. The numbers for biodiesel are more promising, with a 93% net energy gain and a 41% reduction in greenhouse gases.

The researchers cautioned, however, that these figures do not account for the significant environmental damage from increased acreages of these crops, including the impacts of pesticides, nitrate runoff into water supplies, nor the increased demand on water, as "energy crops" like corn and soy begin to displace more drought tolerant crops such as wheat in several Midwestern states.

The most serious impact, though, is on land use. The Minnesota paper reports that in 2005, 14% of the US corn harvest was used to produce some 6 million gallons of ethanol, equivalent to 1.7% of current gasoline usage. About 1 1/2 percent of the soy harvest produced 120 million gallons of biodiesel, equivalent to less than one tenth of one percent of gas usage. This means that if all of the country's corn harvest was used to make ethanol, it would displace 12% of our gas; all of our soybeans would displace about 6% of the gas. But if the energy used in producing these biofuels is taken into account ­ the fact that 80% of the energy goes into production in the case of corn ethanol, and almost 50% in the case of soy biodiesel, the entire soy and corn crops combined would only satisfy 5.3% of current fuel needs. This is where the serious strain on food supplies and prices originates.

The Cornell study is even more skeptical. Released in July, it was the product of an ongoing collaboration between Cornell agriculturalist David Pimentel, environmental engineer Ted Patzek, and their colleagues at the University of California at Berkeley, and was published in the journal Natural Resources Research. This study found that, in balance, making ethanol from corn requires 29% more fossil fuel than the net energy produced and biodisel from soy results in a net energy loss of 27%. Other crops, touted as solutions to the apparent diseconomy of current methods, offer even worse results.

Switchgrass, for example, can grow on marginal land and presumably won't compete with food production (you may recall George Bush's mumbling about switchgrass in his 2006 State of the Union speech), but it requires 45% more energy to harvest and process than the energy value of the fuel that is produced. Wood biomass requires 57% more energy than it produces, and sunflowers require more than twice as much energy than is available in the fuel that is produced. "There is just no energy benefit to using plant biomass for liquid fuel," said David Pimentel in a Cornell press statement this past July. "These strategies are not sustainable." In a recent article, Harvard environmental scientist Michael McElroy concurred: "[U]nfortunately the promised benefits [of ethanol] prove upon analysis to be largely ephemeral."

Even Brazilian sugarcane, touted as the world's model for conversion from fossil fuels to sustainable "green energy," has its downside. The energy yield appears beyond question: it is claimed that ethanol from sugarcane may produce as much as 8 times as much energy as it takes to grow and process. But a recent World Wildlife Fund report for the International Energy Agency raises serious questions about this approach to future energy independence. It turns out that 80% of Brazil's greenhouse gas emissions come not from cars, but from deforestation-the loss of embedded carbon dioxide when forests are cut down and burned. A hectare of land may save 13 tons of carbon dioxide if it is used to grow sugarcane, but the same hectare can absorb 20 tons of CO2 if it remains forested. If sugarcane and soy plantations continue to encourage deforestation, both in the Amazon and in Brazil's Atlantic coastal forests, any climate advantage is more than outweighed by the loss of the forest.

Genetic engineering, which has utterly failed to produce healthier or more sustainable food-and also failed to create a reliable source of biopharmaceuticals without threatening the safety of our food supply-is now being touted as the answer to sustainable biofuel production. Biofuels were all the buzz at the biotech industry's most recent biotech mega-convention (April 2006), and biotech companies are all competing to cash in on the biofuel bonanza. Syngenta (the world's largest herbicide manufacturer and number three, after Monsanto and DuPont, in seeds) is developing a GE corn variety that contains one of the enzymes needed to convert corn starch into sugar before it can be fermented into ethanol. Companies are vying to increase total starch content, reduce lignin (necessary for the structural integrity of plants but a nuisance for chemical processors), and increase crop yields. Others are proposing huge plantations of fast-growing genetically engineered low-lignin trees to temporarily sequester carbon and ultimately be harvested for ethanol.

However, the utility of incorporating the amylase enzyme into crops is questionable (it's also a potential allergen), gains in starch production are marginal, and the use of genetic engineering to increase crop yields has never proved reliable. Other, more complex traits, such as drought and salt tolerance (to grow energy crops on land unsuited to food production), have been aggressively pursued by geneticists for more than twenty years with scarcely a glimmer of success. Genetically engineered trees, with their long life-cycle, as well as seeds and pollen capable of spreading hundreds of miles in the wild, are potentially a far greater environmental threat than engineered varieties of annual crops. Even Monsanto, always the most aggressive promoter of genetic engineering, has opted to rely on conventional plant breeding for its biofuel research, according to the New York Times. Like "feeding the world" and biopharmaceutical production before it, genetic engineering for biofuels mainly benefits the biotech industry's public relations image.

Biofuels may still prove advantageous in some local applications, such as farmers using crop wastes to fuel their farms, and running cars from waste oil that is otherwise thrown away by restaurants. But as a solution to long-term energy needs on a national or international scale, the costs appear to far outweigh the benefits. The solution lies in technologies and lifestyle changes that can significantly reduce energy use and consumption, something energy analysts like Amory Lovins have been advocating for some thirty years. From the 1970s through the '90s, the US economy significantly decreased its energy intensity, steadily lowering the amount of energy required to produce a typical dollar of GDP. Other industrial countries have gone far beyond us in this respect. But no one has figured out how to make a fortune on conservation and efficiency. The latest biofuel hype once again affirms that the needs of the planet, and of a genuinely sustainable society, are in fundamental conflict with the demands of wealth and profit.

Brian Tokar directs the Biotechnology Project at Vermont's Institute for Social Ecology (social-ecology.org), and has edited two books on the science and politics of genetic engineering, Redesigning Life? (Zed Books, 2001) and Gene Traders: Biotechnology, World Trade and the Globalization of Hunger (Toward Freedom, 2004).

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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
-----------------
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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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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Vote No on Measure A Tax

Submitted: Jun 03, 2006

URGENT URGENT URGENT URGENT URGENT URGENT URGENT

A flyer against the Merced County Transportation Tax Measure A appeared in the Merced Sun-Star Saturday morning. We have included it below and attached it to this message.

We urge you to read and share these flyers with Merced County residents before the Primary Election on Tuesday, June 6.

We should not use a sales tax to raise money for transportation funds to benefit special interests because a sales tax has an unfair impact on lower-income residents. (1) Merced County ranks fifth from the bottom of California’s 58 counties in per capita income. (2)

Sincerely,

Central Valley Safe Environment Network
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VOTE NO on Measure A Tax

MAKE Residential and Commercial Development Pay Its Own Way!

REJECT Welfare Subsidies for the Building Industry Association!

In 2002, the Citizens of Merced County VOTED DOWN the Measure M road-improvement tax. Merced County and its cities went right on approving thousands of new homes. This RECKLESS action is destroying hundreds of miles of our existing streets and roads because development doesn’t pay for itself.

VOTE NO on Measure A because it doesn’t fix the problems. It adds to them! The intent of this tax measure to improve highways 99, 152, 59, and 33, and to build the Mission Ave. Interchange, is to attract more urban growth, not to fix local potholes. The only “economic engine” helped here is the profits of developers who want you to pay for the impacts of their projects while they plant the last crop in the San Joaquin Valley- subdivisions!

VOTE NO on Measure A because the county General Plan is an absurdly outdated, non-compliant hodge-podge of amendments and conflicting goals and policies. About 20 citizens’ groups petitioned the Merced County Board of Supervisors to slow growth until county and city general plans and community plans are legally compliant. Special interests – not the public – are controlling the Merced County planning process. Use your vote to send a message to government highway funders that these special interests do not speak for us!

VOTE NO on Measure A because UC won’t pay more than $350,000 to cover the $200 million cost of it’s impacts to local streets, parks and schools. Measure A will be used to finance the Mission Ave. Interchange off Hwy 99, the Yellow Brick Beltway to UC Merced and west to Atwater. This will hasten sprawl and will eat away productive agricultural land. This UC beltway will draw business away from downtown Merced. The Mission Ave Interchange will become the location of a Wal-Mart Distribution Center, bringing in about a thousand diesel trucks a day to increase our air pollution.

VOTE NO on Measure A because it is a matching fund gimmick created by special interests. Your supervisors have used your tax dollars to create a lobbying group called the One Voice Committee that speaks for special interests, not for you. VOTE NO on Measure A to tell state and federal highway funders “One Voice” speaks for special interest, not for you.

VOTE NO on Measure A because the sand and gravel trucks supplying these proposed highway projects tear down our county roads and degrade our waterways. Spending dollars on new roadways instead of for maintenance and repair of existing county roads and city streets is a misappropriation of public funds for special interests.

VOTE NO on Measure A because you’re tired of government by and for special interests – from UC Merced to local, national and international development corporations – making land deals for their profits and your losses. An estimated 100,000 new homes are already in the planning process in Merced County.

VOTE NO on Measure A because you will have no vote on the projects it will fund. Special interests have already decided how that money will be spent and will continue to decide how it will be spent.

VOTE NO on Measure A now and you may prevent Measure Z later, as special interests continue to pile on special taxes for schools, water, sewer, electricity, parks and recreation, libraries, solid waste, emergency services, police and fire protection – like Measures S, M and H, and the Merced City Hotel Tax for a UC Olympic-size swimming pool.

PAID FOR BY MERCED COUNTY RESIDENTS AGAINST MEASURE A
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VOTE NO on Measure A Tax

Here is a partial list of residential developments ALREADY planned for Merced County
Atwater - 1,584 units, Atwater Ranch, Florsheim Homes 21 Units, John Gallagher, 25.2 acres.

Delhi - 1,100 units, Matthews Homes, 2,000 acres.

Fox Hills - 907 units, Fox Hills Estates north 337 units, Fox Hills Estates, central- 1,356 units.

Hilmar-JKB Homes, over 3,000 units.

Livingston - 1,200 units, Ranchwood Homes 420 acres. Del Valle, Gallo Ranchwood, 1,000acres,

Los Banos -, Ranchwood, 932 acres 323 units, Pinn Brothers, 34 units, Court of Fountains, 2.7 acres 95 units, Woodside Homes,

City of Merced - 11,616 units, UC Merced Community Plan 1,560 acres; 7,800 units, Ranchwood Homes, 2,355 acres, 7,000 units, Bellevue Ranch, 1,400 acres,

Vista Del Lago, 442 units, Weaver Development, 920 units, Fahrens Creek II, -1,282 units,

Fahrens Creek North, 1,093 units, Hunt Family Annexation,

Planada - 4,400 units, Village of Geneva at Planada, Hostetler 1,390 acres.

Felix Torres Migrant Megaplex 127 units, Park Street Estates, 31.8 acres, 200 units.

San Luis Creek 629 units, F & S Investments, 180 acres.

San Luis Ranch - 544 units, 237 acres.

Santa Nella - 8,250 units - Santa Nella Village west 881 units, 350 acres,

The Parkway, phase III, 146 acres - 138 units, Santa Nella Village, 40.7 acres - 544 units,

San Luis Ranch, phase II - 232 units, 312 acres - 182 acres, Arnaudo 1 &2

Stevinson - 3,500 units, Stevinson Ranch/Gallo Lakes Development - 1,700 units, 3,740 acres.

Winton - 50 units, 17 acres- Gertrude Estates, Mike Raymond, 18 acres - 142 units, Winn Ranch

Commercial Development

WalMart Distribution Center, Riverside Motorsports Park and a growing number of Strip Malls

….and the list goes on!

Measure A gives the green light to all this proposed new residential and commercial development!

VOTE NO on Measure A Tax

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Notes:
(1) http://highered.mcgraw-hill.com/sites/0072554096/student_view0/chapter_15/economic_naturalist_exercises.html
Sales taxes are regressive taxes. This means that the proportion of income paid in taxes declines as income rises. That is, people with low incomes pay a higher percentage of their income in taxes than people with high incomes. But what makes a sales tax regressive?
People with low incomes tend to spend a high percentage of the income they receive. At higher income levels, people begin to save (not spend) larger parts of their income. A person is able to save (not spend) part of their income only after they are able to take care of buying necessities like food, housing, clothing, and medical care. Therefore, low-income consumers will spend most of their income while higher income consumers can begin to save more and more.
Since a sales tax falls on income that consumers spend, and low income people spend a larger part of their income, the sales tax falls more heavily on low income consumers. This makes the tax regressive ...

(2) http://www.answers.com/topic/california-locations-by-per-capita-income
Merced ranks 54th in per capita income among California's 58 counties. Only four counties have lower per capita incomes.

CENTRAL VALLEY SAFE ENVIRONMENT NETWORK

MISSION STATEMENT

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

P.O. Box 64, Merced, CA 95341

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A little justice, maybe

Submitted: May 25, 2006

Lay, Skilling Convicted in Enron Collapse
By Kristen Hays
The Associated Press

Thursday 25 May 2006

Houston - Former Enron Corp. chiefs Kenneth Lay and Jeffrey Skilling were convicted Thursday of conspiracy to commit securities and wire fraud in one of the biggest business scandals in U.S. history.

The verdict put the blame for the demise of what was once the nation's seventh-largest company squarely on its top two executives. It came in the sixth day of deliberations following a trial that lasted nearly four months.

Lay was also convicted of bank fraud and making false statements to banks in a separate trial related to his personal banking.

Lay was convicted on all six counts against him in the trial with Skilling. Skilling was convicted on 19 of the 28 counts against him, including one count of insider trading, and acquitted on the remaining nine.

"You have reflected on this evidence for the last few days and reached a very thorough verdict, and I thank you," U.S. District Judge Sim Lake told jurors.

He set sentencing for Sept. 11.

Lake set a $5 million bond for Lay and ordered him to surrender his passport before he leaves the courthouse. The judge said the bond already in place for Skilling was sufficient. The judge said he did not believe home confinement was necessary for either.

The former corporate titans are now felons facing years in prison after being convicted of running an elaborate fraud that gave the company a glamorous illusion of success.

Jurors declared through their verdict that both men repeatedly lied to cover a vast web of unsustainable accounting tricks and failing ventures that shoved Enron into bankruptcy protection in December 2001.

The conviction was a major win for the government, serving almost as a bookend in an era that has seen prosecutors win convictions against executives from WorldCom Inc. to Adelphia Communications Corp. and homemaking maven Martha Stewart.

The panel rejected Skilling's insistence that no fraud occurred at Enron other than a few executives skimming millions from secret scams behind his and Lay's backs, and a lethal combination of bad press and poor market confidence sank the company.

Both men testified in their own defense. Skilling is expected to appeal.

The government's victory caps a 4 1/2 year investigation that nabbed 16 guilty pleas from ex-Enron executives, including former Chief Financial Officer Andrew Fastow and former Chief Accounting Officer Richard Causey.

All are awaiting sentencing later this year except for two who either finished or are serving prison terms.

Many deemed the outcome of the Lay-Skilling case a final exam of sorts of the federal government's ability to prove complicated corporate skullduggery.

Enron's implosion and the subsequent scandals vexed Wall Street, sent skittish investors fleeing, increased regulatory scrutiny over publicly traded companies and prompted Congress to stiffen white collar penalties.

Former WorldCom head Bernard Ebbers awaits a 25-year prison term for orchestrating the $11 billion accounting fraud that bankrupted the company. Stewart did five months in prison and more time confined to work and home for lying about a stock sale. Adelphia Communications Inc. founder John Rigas and his son got double-digit prison terms for looting their company.

HealthSouth Corp. founder Richard Scrushy bucked the trend with his acquittal last year of fraud charges despite five former finance chiefs pointing the finger at him in a $2.7 billion scheme to inflate earnings. He dropped in on the Lay-Skilling case during Fastow's lengthy testimony in March, saying the ex-CFO couldn't be believed.

But those cases were much simpler than that against Lay and Skilling.

The government's vast investigation seemed to stall until Fastow pleaded guilty in January 2004 to two counts of conspiracy and paved the way for prosecutors to secure indictments against his bosses. Fastow also led investigators to Causey, who was bound for trial alongside Lay and Skilling until he broke ranks with their unified defense and pleaded guilty to securities fraud just weeks before the trial began.

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