Federal Government

Grassland Water District letter to county Board of Supervisors re: amendment policies during the General Plan update process

Submitted: May 14, 2006

The following letter was submitted by attorneys for the Grassland Water District and Grassland Resource Conservation District to the Merced County Board of Supervisors for its May 2 hearing on General Plan Amendment policies and procedures during the General Plan Update process. The letter has been transcribed from a facsimile. – Bill Hatch

Adams Broadwell Joseph & Cardozo
Attorneys at Law
1225 8th Street, Suite 550
Sacramento, California 95814-4810
Telephone: (916) 444-6201
Facsimile: (916) 444-6209
E-mail: omeserve@adamsbroadwell.com

May 1, 2006

VIA FACSIMILE AND U.S. MAIL

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

Re: General Plan Amendment Policies and Procedures During General Plan Update Process

Dear Chairperson Nelson and Members of the Board:

This firm represents the Grassland Water District and the Grassland Resource Conservation District (collectively, “GWD”). GWD has been following the County’s progress toward updating its General Plan, and the issue of how land use planning should proceed during the General Plan update process. At the Board’s April 11, 2006 meeting, a detailed discussion occurred regarding possible approaches to new project applications submitted during the General Plan Update process. Additional options for the Board’s consideration are included in the staff report for Item 55 on the Board’s April 2, 2006 agenda.

Generally, GWD supports actions by the Board that slow or halt the conversion of agricultural or open space lands located in the vicinity of GWD’s service are to urban and other uses. GWD supports a temporary moratorium on Community Specific Plan (“CSP”) adoptions during the General Plan Update process with respect to the Community of Volta, in particular (Option 3A). GWD also supports reasonable measures to slow or stop conversion of agricultural land during the General Plan update process (Option 3B). GWD also believes that the Board should not allow agricultural subdivision applications to be approved during the General Plan Update process. Such temporary measures are appropriate and would protect the public health, safety and welfare of the residents of the County while the important planning processes are completed. (See Gov. Code, Sec. 65858.)

Background Information

GWD contains over 60,000 acres of privately-owned and managed wetlands located in Merced County. GWD lands, in combination with state and federal refuges and other privately-held wetlands, comprise the approximately 230,000 acre Grassland Ecological Area (“GEA”) designated by the United States Fish and Wildlife Service (“FWS”). These lands are managed as habitat for migratory waterfowl, shorebirds, and other wildlife.

The wetlands of western Merced County are a critical component of the remaining Central Valley wetlands and constitute the most important waterfowl wintering area on the pacific Flyway. These wetlands are acknowledged by the Merced County General Plan to be highly valuable wildlife and vegetation habitats, and international treaties have recognized the habitat as a resource of international significance. The Convention on Wetlands (also known as the Ramsar Convention) recently designated the GEA as a “Wetland of International Importance”. The GEA is one of only four such sites in California, and twenty-two sites in the country.

A study commissioned by the Packard Foundation, the Great Valley Center and GWD in 2001 found that wetlands within the GEA provide substantial direct economic contributions to the local and regional economies. The GEA receives over 300,000 user visits per year for hunting, fishing and non-consumptive wildlife recreation. Recreational and other activities related to habitat values within the GEA contribute $41 million per year to the Merced County economy, and account for approximately 800 jobs. Agricultural lands within the GEA also account for approximately five percent (5%) of Merced County’s $1.45 billion agricultural economy.

Community Plans Should Not Be Adopted or Updated During the General Plan Update Process

GWD’s concerns relating to adoption and updates of CSPs stem primarily from a long-term concern about the small, unincorporated community of Volta. Located about four miles northwest of Los Banos, Volta is adjacent to GEA, the Volta Wildlife Management Area, and other agricultural lands that provide a buffer to these sensitive wetland areas. Encroachment of incompatible uses associated with CSPs into areas near protected wetland habitats undermines both the long-term viability of the GEA and the core habitat values GWD and other entities are working to protect.

In the 1970’s, Volta was designated by the County as a Specific Urban Development Plan (“SUDP”) area. (General Plan, at p. I-7.) As a small SUDP area, the limited residential and service commercial land uses are oriented toward meeting the needs of the local rural population. (General Plan, at p. I – 11.) No Community Specific Plan (“CSP”) has ever been adopted.

Volta has been the subject of numerous proposals for large-scale residential subdivisions and has long been of concern to state and federal resource management agencies, wetland and waterfowl advisory organizations, the Merced County Farm Bureau, the City of Los Banos, GWD and other public and private entities. GWD has submitted numerous comments on other proposed projects in and near Volta, including Wilkinson Ranch, Volterra, and most recently, the Areias subdivision. These projects, had they been implemented, would have been incompatible with the long-term protection of nearby ecologically sensitive areas and the existing rural character of the Volta community.

Given that it is adjacent to GEA resources, GWD supports the redesignation of Volta to an Agricultural Service Center (“ASC”), as suggested by the current General Plan. (General Plan, at pp. I-11, VII-27.) Primarily, this is because further development of Volta would create conflicts with existing agricultural and open space uses. (General Plan, at p. I-11.) According to the General Plan, redesignation to ASC is appropriate for areas with the following characteristics: (1) lacking a full range of services; (2) stable or declining populations; (3) isolated location; and (4) agricultural service orientation to existing land uses. (General Plan, at pp. VII-27 to 28.) Volta meets all of these criteria; thus, ASC is a more appropriate designation for this rural area.

The current SUDP designation for Volta is inappropriate and will lead to encroachment of incompatible land uses into a sensitive area not suited for urban development. Therefore, GWD believes that adoption of a temporary moratorium on CSP adoptions and updates during the General Plan Update process is appropriate.

Agricultural Subdivisions Should Not Proceed During the General Plan Update Process

GWD also recommends deferring General Plan amendments that facilitate conversion from agricultural to non-agricultural uses in and near the GEA. None of the current options under consideration by the Board directly address subdivision of agricultural land (“ag subdivisions”). While Option 3B would limit approval of General Plan amendments from agricultural to non-agricultural uses (which GWD generally supports where such subdivisions would impact GEA resources), it is not applicable to ag subdivisions, which do not typically involve a change in land use designation.

Converting land currently in use for farming or grazing to ranchettes is incompatible with the long-term viability of the biological resources of the GEA. Furthermore, agricultural activities around the GEA help buffer the area for incompatible urban uses. According to a recently released report by the American Farmland Trust, nineteen percent (19%) of all developed land in Merced County is outside of city spheres of influence.
(http://www.farmland.org/reports/futureisnow/merced3.html)
Additionally, fifty-nine percent (59%) of all development within the 1990 to 2000 time period occurred in High Quality Farmland. (Ibid.)

GWD has commented on numerous ag subdivisions over the years because of the grave danger fragmentation of viable farmland and grazing land poses to the GEA and other natural resource values. Though the “parcelization of large holdings is discouraged: under the current General Plan, numerous ag subdivisions continue to be approved. (Agricultural Chapter, Objective 2. B.) GWD encourages the Board to also include provisions in its General Plan update procedures to limit approval of ag subdivisions and to ultimately adopt long-term policies that would effectively prevent further fragmentation of farmland and open space in and around the GEA.

Conclusion

GWD is participating in an ad hoc advisory group formed to advise local entities on Grassland-related issues. This group is called the Grasslands Resources Regional Working Group (“GRRWG”), and includes representatives from GWD, U.S. Fish and Wildlife Service, Department of Fish and Game and Ducks Unlimited. Through the GRRWG and individually, GWD will be participating in the General Plan update process to ensure that appropriate protections are implemented to protect the incredibly valuable wetland resources within the Merced County Grasslands. We look forward to participating in the County’s planned focus groups in the near future.

Please contact me if you have any questions about the information presented in this letter. Thank you for considering GWD’s perspective on these important land use planning issues.

Very truly yours,

Osha R. Meserve

cc: Robert Lewis
William Nicholson
Grassland Water District Board of Directors
Grassland Resource Conservation District Board of Directors
Don Marciochi

| »

Pomboza seen splitting apart

Submitted: May 13, 2006

People in the 18th congressional district, represented by Dennis Cardoza, Shrimp Slayer-Merced, ought to wake up and take notice of what is happening in the adjacent 11th congressional district, represented by RichPAC Pombo, Buffalo Slayer-Tracy.

Defenders of Wildlife, a national environmental group, commissioned a poll of 402 likely voters in the 11th CD. The pollster found that 52 percent would prefer to vote for someone other than Pombo in the fall general election. "Someone else" is about all the Democrats have to offer, but it may be enough, if Pombo survives the primary.

The damage to the front end of the Pomboza is being done by former Rep. Pete McCloskey, 78, a co-author of the Endangered Species Act, which Pombo and Cardoza have been trying to destroy for the benefit of local developers, landowners, financial institutions, realtors and their relatives and friends.

The idea that two of the most obvious tools of rampant growth ever to hit Congress should have the power to change a widely respected and necessary federal law on behalf of a crowd of regional contributors (and, of course, UC Merced) proved to be a bit much for state and national environmental organizations, now busily canvassing precincts in Pombo's district.

Learned academic authority suggests that the poll might not be accurate because, after all, Defenders did it. This misses the point entirely: Defenders is there and willing to do the poll; that environmental groups have identified Pombo as the top political target in the nation.

What is policy for the groups is more personal for McCloskey, who at times says he is fighting for the "soul" of the Republican Party -- to rid it of greedy, stupid, rightwing, corrupt, environment destroying, House-rules destroying knuckleheads. He's fighting against a wing of the Republican Party who came to believe, like officials in dictatorships believe, that their personal wealth is the meaning of politics. While environmentalists have been knocking on doors and passing out leaflets, McCloskey has been attacking Pombo at every intersection in the district where he can raise a grassroots audience. His campaign has lit a thousand fires in hundreds of places. We'll see how the wildfire spread on primary Election Day, in the only poll that counts.

Pombo already knows he's in the worst fight of his life and has called on Vice President Dick Cheney to come raise money for him. But the rounds still last 3 minutes and nobody can help him in the ring with McCloskey. The people always enjoy the spectacle of a bully getting whupped. And people keep disappearing from Pombo’s corner: Libby, DeLay, Abramoff, and now, reportedly, Karl Rove, the best political cut man in the Republican Party.

Meanwhile, the rear end of the Pomboza, like the well known rodeo clown act in which two clowns play the part of one ass, is turning around and running in the opposite direction -- down to Fresno to hobnob with Westlands Water District and three other south Valley congressmen interested in throwing a monkey wrench in the confidential settlement negotiations between the Friant Water Users Authority and the Natural Resources Defense Council. Federal court has ruled that the San Joaquin River must flow; therefore the Friant-Kern Canal cannot flow as much as it has.

Shrimp Slayer claims he had no "direct jurisdiction" to intervene on behalf of the Oseguera family of Le Grand, carried off to the Bakersfield deportation holding tank and held for three weeks until their lawyer could explain they were in the process of naturalization and raise $20,000 bail. Evidently he believes he has direct jurisdiction over the amount of water that flows through 40 miles of dry river in Fresno County and into the farming districts of eastern Tulare and Kern counties and that his good offices would be beneficial to Westlands Water District.

From Shrimp Slayer's point of view, however, we could speculate that his meddling doesn't matter at all, as long as it is a far away from Pombo as possible. That's the great think about Shrimp Slayer, you may not agree with him on the issues, but you always know who he is and where he stands -- the rear end of the Pomboza running away as fast as he can.

Shrimp Slayer's behavior is said to be "smart politics," which, like "smart growth" is constantly advertised as wise and admirable decision making by influential people and those who want to be influential people now that the full violence of lawless, stupid growth has come to the 18th congressional district, which is rapidly becoming just another Tracy, with, of course, a UC campus.

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

Poll says Pombo support waning

Hank Shaw
Capitol Bureau Chief
Stockton Record
Published Thursday, May 11, 2006
http://recordnet.com/apps/pbcs.dll/article?AID=/20060511/NEWS01/605110337&SearchID=73244256515633

SACRAMENTO - Voters may not know much about the Democrats opposing Tracy's Rep. Richard Pombo, but it might not matter, according to a new poll released Wednesday.

A survey of 402 likely general election voters in Pombo's 11th District taken last week by a well-known Democratic pollster found that 52 percent would rather vote for someone other than the Republican incumbent this fall.

Republican political oddsmaker Allan Hoffenblum, co-editor of a guide to legislative and congressional elections, was impressed by the numbers even though pollster Greenberg Quinlan Rosner's survey was conducted on behalf of the activist group Defenders of Wildlife.

"It's a sign of deep, deep trouble," Hoffenblum, of California Target Book, said. "It's not easy to get a voter to say they'd fire an incumbent."

Pombo consultant Wayne Johnson said the campaign's internal polling does not match the Greenberg poll, but he did acknowledge that voters are sour on Congress in general.

"The atmospherics are depressing for any incumbent in Congress right now," Johnson said. Still, he said the order of questions in the Greenberg poll could have skewed the results.

"You get people in a hanging mood and it can dramatically affect the result," he said.

Pombo's position as House Resources Committee chairman has placed him at the center of the Republicans' ethical issues in Congress.

He was among the strongest allies of indicted former House Majority Leader Tom DeLay. Pombo also has come under fire for misusing the congressional mail service and for spending $5,000 in taxpayer money to take his family on an RV tour of the West's national parks.

He received thousands of dollars in campaign contributions from felonious lobbyist Jack Abramoff. And though he repeatedly denies that his votes are influenced by campaign contributions, he is seen as being fast friends with oil, logging, energy and mining interests. Just over a week ago, Pombo benefited from a campaign fund-raiser in Houston hosted by several leading energy industry lobbyists.

All of this is impacting his image among the voters, the poll found. Less than one in three likely voters has a favorable view of the incumbent, who is seeking an eighth congressional term. And he's losing in test heats to both his Democratic opponents, Jerry McNerney of Pleasanton and Steve Filson of Danville.

A recent poll by the McNerney campaign showed that only 40 percent of primary voters recognized him while less than 20 percent recognized Filson.

"These guys are nobodies, and they're beating him," Pollster Ben Turchin said. "That's unheard of. I'm not saying by any stretch of the imagination that this race is over, but he's in a deep hole."

"Richard Pombo has turned the House Resource Committee into a grand bazaar where special interests ... all get favored treatment in return for campaign cash and luxury trips. The voters have finally noticed," said Rodger Schlickeisen, president of the Defenders of Wildlife Action Fund.

Hoffenblum downplayed any strength Filson and McNerney showed in the survey because the 11th District is still GOP turf.

"If Pombo loses, the voters will be throwing him out - not putting Democrats in," he said.

Sacramento State University political scientist Barbara O'Connor noted that Defenders of Wildlife paid for the poll - which can run $20,000 or more - largely to help raise the millions they expect to spend this year trying to defeat Pombo.

Pombo's career-long effort to overhaul the federal Endangered Species Act has made him enemy No. 1 within the environmental movement.

That said, O'Connor said she suspects Pombo is in peril.

"I don't think these numbers are necessarily out in orbit from what I've seen, but they are a little high," O'Connor said.

Hoffenblum, who had downplayed the potential competitiveness of the race before, said he might have to change his mind.

"This could really be a horse race," he said.

View details of the poll are at www.defendersactionfund.org/releases/GreenbergPollMemoMay.pdf

Contact Capitol Bureau Chief Hank Shaw at (916) 441-4078 or sacto@recordnet.com
--------------------

Karl Rove Indicted on Charges of Perjury, Lying to Investigators
By Jason Leopold
t r u t h o u t | Report

Saturday 13 May 2006

Special Prosecutor Patrick Fitzgerald spent more than half a day Friday at the offices of Patton Boggs, the law firm representing Karl Rove.

During the course of that meeting, Fitzgerald served attorneys for former Deputy White House Chief of Staff Karl Rove with an indictment charging the embattled White House official with perjury and lying to investigators related to his role in the CIA leak case, and instructed one of the attorneys to tell Rove that he has 24 hours to get his affairs in order, high level sources with direct knowledge of the meeting said Saturday morning.

Robert Luskin, Rove's attorney, did not return a call for comment. Sources said Fitzgerald was in Washington, DC, Friday and met with Luskin for about 15 hours to go over the charges against Rove, which include perjury and lying to investigators about how and when Rove discovered that Valerie Plame Wilson was a covert CIA operative and whether he shared that information with reporters, sources with direct knowledge of the meeting said.

It was still unknown Saturday whether Fitzgerald charged Rove with a more serious obstruction of justice charge. Sources close to the case said Friday that it appeared very likely that an obstruction charge against Rove would be included with charges of perjury and lying to investigators.

An announcement by Fitzgerald is expected to come this week, sources close to the case said. However, the day and time is unknown. Randall Samborn, a spokesman for the special prosecutor was unavailable for comment. In the past, Samborn said he could not comment on the case …
---------
Friends rally for jailed teen

Petition delivered to congressman's office

By Leslie Albrecht
Merced Sun-Star -- April 14, 2006

... In a statement released Thursday, Cardoza responded to the students' letter.

"The Congressman understands that this is a difficult situation for this family. He appreciates the concern the students of Le Grand Union High School have expressed for their fellow classmate. As a member of Congress, Representative Cardoza does not have direct jurisdiction over this case. However, he believes that everyone who enters the United States must comply with the law."
------------------

Regrouping after near-deportation...Leslie Albrecht
http://www.mercedsunstar.com/local/story/12178706p-12922563c.html
LE GRAND - To the United States government, the Osegueras are criminals -- immigration absconders who were arrested along with 45 other Merced County residents during a two-day immigration sweep in late March. Gloria and her children entered the U.S. illegally in 1992...applied for asylum, but application was denied. They obtained work permits through a lawyer, started the process of gaining legal status. In 2000, a judge issued a deportation order, their lawyer filed an appeal and told them not to leave the country. The motion has been pending before the Immigration Board of Appeals since 2003. At 4:20 a.m. Friday, March 30 seven ICE agents knocked on the front door of their apartment; they would be sent to an immigration processing center in Fresno, then back to Mexico. Gloria explained that the family had a lawyer and that their case was under appeal; agents said the deportation order was final. When they got to Fresno, they called their lawyer, who filed for an emergency stay of appeal. Alma's classmates rallied to support her...collected signatures on petitions asking for Rep. Dennis Cardoza, D-Merced, to help the family and hand-delivered them to Cardoza's office. Finally on Cinco de Mayo, their lawyer called...bail had been set; they could leave jail... Alma will graduate from Le Grand High School.
-----------------------

At the Tipping Point, A Great Valley Center Event, May 10-11, 2006, Sacramento.
Oral comments on south San Joaquin Valley water politics by different participants.

| »

SJ Mercury News Endorses McCloskey/McNerney for CD 11

Submitted: May 08, 2006

Date: May 8, 2006 8:22:23 AM PDT
http://www.mercurynews.com/mld/mercurynews/news/opinion/14527503.html

Give the nod to Pombo challengers

REPUBLICAN MCCLOSKEY, DEMOCRAT MCNERNEY WOULD BE WORTHY COMPETITORS IN THE FALL

Mercury News Editorial

Even before he became associated with the sleaze surrounding disgraced lobbyist Jack Abramoff, even before he was accused of taking a family vacation on the government's dime and even before a watchdog group called him one of the 13 most corrupt members of Congress, it was clear that Richard Pombo had to go.

The conservative seven-term Republican congressman from Tracy has a record of radical anti-environmentalism that has imperiled the nation's natural resources, is wrong for the country and is out of step with a state that's known for its environmental leadership.

Fortunately, Pombo's record may be catching up with him. He faces serious challenges to his re-election from both sides of the aisle in a race that has drawn national attention. His 11th Congressional District reaches from Lodi in the north to Morgan Hill in the south and Danville in the east.

Former Congressman Pete McCloskey, who represented the Peninsula for eight terms between 1967 and 1983, is challenging Pombo in the Republican primary. At 78, McCloskey appears to have the same energy and conviction of his younger days, when he became a maverick in his own party, protested against the Vietnam War and ran against Richard Nixon in 1972.

He's hoping to bring his party back to the center and fight against the ethical lapses and fiscal recklessness that have tarnished Republicans in Congress. He also vows to be a staunch defender of environmental laws such as the Endangered Species Act, which he helped write. Destruction of the ESA has been Pombo's No. 1 mission.

McCloskey admits he exercised poor judgment when he spoke in 2000 to a group that disputes historical facts about the Holocaust. Because of that speech and of his longstanding and blunt criticism of U.S. policy toward Israel, he has been labeled anti-Semitic, a charge that is undeserved.

McCloskey faces an uphill battle, but he's the best choice in the Republican primary.

On the Democratic side, two good candidates have emerged as leading contenders. Neither Jerry McNerney, 54, an engineer and wind-energy consultant from Pleasanton, nor Steve Filson, 59, a United Airlines pilot and retired U.S. Navy commander from Danville, has held elected office. But both bring good ideas and have energized various Democratic Party constituencies. Of the two, we find McNerney's message more compelling.

Filson, a fiscal conservative and social liberal, promises to focus on economic development and fight for transportation dollars, which are needed to upgrade the district's clogged freeways. Having lost his pension at United, he identifies with the pressures faced by working families saddled with rising health care and education costs and stagnant wages.

Most of all, Filson emphasizes his decision-making leadership skills, honed over 20 years as a U.S. Navy pilot and later as a United pilot. He's been endorsed by the Democratic Congressional Campaign Committee and various members of Congress including Anna Eshoo, Zoe Lofgren, George Miller and Ellen Tauscher.

For his part, McNerney has been running a grass-roots campaign fueled by support from union members that earned him the endorsement of the California Democratic Party. He wants to bring jobs to economically sluggish portions of the district in the San Joaquin Valley, in part by helping promote the area's nascent alternative-energy industry. His professional background would make him a good advocate for more sensible energy policy in Washington.

McNerney offers clear thinking on the nation's health care crisis, emphasizing the need to rally businesses to the cause of reform. And he would rescind portions of the Bush tax cuts that have disproportionately benefited wealthy Americans.

McNerney ran against Pombo in 2004 and got 39 percent of the vote, despite receiving no support from the state or national Democratic Party and being massively outspent by Pombo. That experience should come in handy in November.

| »

Pombo described

Submitted: May 06, 2006

Jeffrey St. Clair produced an excellent summation of the high points of the sleazy career of Rep. RichPAC Pombo, Buffalo Slayer-Tracy, on Counterpunch.com this weekend. St. Clair is an experienced investigative reporter that has spent a great deal of time on environmental affairs and corporate lobbying, which makes his take on Pombo dead on target.

The Pombo/McCloskey Republican primary we continue to believe – for lack of evidence so far to contradict this view – is the most important congressional primary in the county because it is a referendum on how willing any congressional district is to tolerate being represented by a flagrant crook. McCloskey is out there in the 11th CD every day offering an intelligent, honest option to his fellow Republicans, while Pombo makes a deal to get Vice President Dick Cheney (18-percent popularity in the latest polls) to come out to the district and shake down developers, agribusiness and plutocrat duck hunters. McCloskey is saying he’ll attend the event wearing an orange hunting jacket.

McCloskey probably doesn’t have enough campaign money for polls. Pombo could poll daily. We speculate the Cheney visit is related somehow to disturbing trends in Pombo’s numbers.

It would be interesting to know how many Republicans, no longer alive, remain on messy voter roles in San Joaquin and the other rapdily growing counties in the 11th CD.

Bill Hatch
----------------
Weekend Edition
May 6 / 7, 2006

The Endangered Visigoth
The Rise and Pending Fall of Richard Pombo

By JEFFREY ST. CLAIR

The banner stretched across the entrance to the Crobar ­ a trendy New York nightclub ­read, "Welcome to the Pombo-Palooza". At the door, members of the Rockettes handed out cowboy hats to the A-list invited guests. Inside, a model clad in rhinestone hot pants and a cleavage-enhancing top that might have chastened a Hooters waitress rode a mechanical bull. On the stage, the Charlie Daniels Band cut loose with fiddle-driven Southern funk as lobbyists and lawyers, politicians and tycoons danced the two-step and drank iridescent blue martinis.

Such was the scene in 2003 at Congressman Rick Pombo's coming out party. The young legislator from Tracy, California had just been appointed the new chairman of the House Resources Committee. At 42, he was the youngest chairman on Capital Hill. Bush couldn't attend the hoedown but he sent a herogram congratulating the congressman he calls "Marlboro Man".

That night money flowed faster than champagne. Before Charlie Daniels had finished his first set, Pombo's campaign war chest had been fattened by more than $250,000, courtesy of an assortment of real estate barons, oil and mining company executives, timber lobbyists and casino operators. Many of these contributors would turn out to be the cream of lobbyist Jack Abramoff's clientele. (Abramoff now faces many years in prison for his corrupt dealings.) And that was just their opening bid. Over the next two and half years, Pombo's political accounts would be fattened by an additional $2 million from an ever-expanding retinue of lobbyists, real estate barons and corporate PACs.

Pombo's is an unlikely success story. He is a college drop-out from a dusty ranching town in California's Central Valley. He showed no particular flair for politics during his early days and, when given the chance, bankrupted the family dairy ranch. Politics was a last resort, and even in this arena Pombo's future seemed uncertain: he was not a particularly gifted public speaker, nor possessed of an [especially] engaging personality.

Pombo likes to describe himself as a rancher. He shows up to congressional hearings in cowboy boots and a Stetson. He owns a ranch, but spends less time on it than Bush does clearing sagebrush in Crawford. Pombo did place photos of himself on his website constructing a pink barn for his children's pet pigs over the last Christmas break. Pombo used to sport a thin Brokeback Mountain moustache. These days he brandishes a manly goatee. The new growth was detected shortly after the movie premiered.

Western myths aside, the Pombo family didn't make their fortune selling milk from their small herd of dairy cows. They got rich by buying up ranchlands and subdividing them into ranchettes for Bay Area commuters. As a member of congress, Pombo pushed for freeway projects that caused the value of properties owned by his family to soar.

Some thought that young Richard might get a job selling real estate for his uncle, who owned one of the largest brokerages in the Central Valley. But Pombo never passed the real estate exam.

Politically, however, his uncle proved to be a huge help. The red and white Pombo real estate signs are ubiquitous across the congressional district. Thus, Rick Pombo, a tubby and slick-haired man of Portuguese descent, enjoyed huge name recognition before he ever considered running for office.

Pombo has told various stories about the event that prompted him to run for Congress. For years he claimed that he was enraged by plans to turn an abandoned railroad near his family ranch into a bicycle trail which -- he fumed -- would lead to the entire valley being designated a "viewshed" where development would be restricted. Later, Pombo said he ran for office because the family ranch had been designated "critical habitat" for the San Joaquin kit fox, the world's smallest wild canid and an endangered species.

Both stories are embellished to the point of fantasy. Pombo's ranch was never at risk from either action. The allegation about the kit fox driving his family from their homestead is particularly outlandish, since the feds have never designated critical habitat for the tiny vulpine. Real ranchers look kindly on the kit fox, since it feeds almost exclusively on rodents regarded as crop pests. In any event, the habitat designation wouldn't have restricted ranching operations but development. And, indeed, that's precisely what ticked off Pombo. He paid $5,137 into a regional conservation fund as an impact fee for houses he built on his "ranch". The houses went up; kit fox populations went down.

In 1992 Pombo won his seat in Congress after narrowly defeating Democrat Patty Garamendi, daughter of the hugely unpopular state insurance commissioner John Garamendi.

In 1996, Pombo published a book-length screed against the Endangered Species Act and environmentalists. Titled This Land is Your Land, the book was ghost written by rightwing columnist Joseph Farrah. Woody Guthrie wouldn't recognize many of the sentiments set forth in the Pombo-Farrah tract, which called for the dismantling of the Endangered Species Act and disposal of public lands to private interests. Though not a bestseller, the book acquired the allure of a Gnostic gospel among the "Wise Use" crowd, whose concept of wise use derives from God's commandment to Adam in the book of Genesis to pillage the earth's natural resources as he thinks fit. The book put Pombo on the ledger as an apex berserker in what Ron Arnold, the P.T. Barnum of the Wise Users, has billed as the War Against the Greens.

But the Wise Use Movement's backing of Pombo certainly doesn't explain his rise to power. The Wise Users have had their congressional champions in the past, notably Helen Chenoweth, of Idaho. But they've tended to labor in obscurity, deemed as coarse Visigoths even in their own party. For his first few years, Pombo toiled in a similar kind of isolation. His speeches at property rights confabs denouncing Bruce Babbitt as an agent of the United Nations and the reintroduction of wolves to Yellowstone as an example of "political paganism" garnered only the occasional comical notice in the gossip pages of the Washington Post and Los Angeles Times. His bills to dismantle the Endangered Species Act rarely attracted more than a few dozen co-sponsors and usually went extinct without a hearing.

Lately, though, Pombo has been on a roll. His McCarthyesque hearings on the dangers of "eco-terrorism", where environmentalists were hauled up before the House Resources Committee and forced to endure harangues from both Democrats and Republicans, have now culminated in a series of arrests by the FBI of nearly a dozen environmental activists on charges of sabotage, conspiracy and arson. Rod Coronado, an editor of the Earth First! Journal and probably the most famous animal rights activist in North America, was also arrested for giving a speech in 2003 at UC San Diego where he demonstrated how to make and use a Molotov cocktail.

Pombo's scheme to sell off millions of acres of federal forest and range lands, once considered political poison, was adopted by the Bush administration this fall, with a proposal to dispose of 200,000 acres of public land to mining and timber companies and real estate speculators, all in the name of funding rural schools.

This fall Pombo came close to realizing his wildest dream when the House of Representatives passed his bill to annihilate the Endangered Species Act by a hefty margin of 229 to 193. Soon after this mighty triumph, the Washington Times announced the onset of "Pombomania" among young Republican ultras.

Ironically, Pombomania may owe more to his enemies than to the shock troops of the property rights movement. Plucking bellicose quotes from his book and his stump speeches, the Sierra Club turned Pombo into the personification of environmental villainy. In dozens of mass fundraising appeals, Pombo was presented as the new James Watt, the dark agent of the looting of the public estate. Pombo glories in his role. "I'm their bogeyman", Pombo gloats. "They need me to raise money."

The Sierra Club's threat inflation of Pombo almost certainly factored into Tom DeLay's decision to catapult the congressman over the heads of more senior members to the chair of the Resources Committee, one of the most prized seats in Congress.

Pombo also got help from the Democrats. His rewrite of the Endangered Species Act, which eliminates the designation of "critical habitat" for listed species, sets in legal stone many of the practices implemented administratively by his former nemesis Bruce Babbitt when he served as Clinton's Interior Secretary.

In Clinton-time, Babbitt simply refused to designate critical habitat for dozens of at-risk animals and plants, forcing environmental groups into court to compel the Fish and Wildlife Service to live up to its legal obligations. The suits were slow in coming while Clinton was in office, but they began to proliferate after Bush came to power.

Bush and Pombo used those lawsuits, most of which resulted in favorable verdicts for the greens, to charge that the law was outdated and was being exploited by militant environmentalists and litigation-happy lawyers. They got some unexpected help from one of the liberal lions of the House, George Miller, the former chair House Natural Resources Committee. This summer Miller said that the law needed to be reworked.

"There is a recognition that the current critical habitat arrangement doesn't work, for a whole host of reasons," said Miller. "There are some in the environmental community who think the answer is just no to any change, and I think that's a problem."

At those words from a politician once regarded by greens as the most enlightened member of the House, critical habitat went extinct without a fight. There were warning signs of Miller's impending collapse. Shortly after the Democrats lost control of the House, Miller gave up his leadership position on the Resources committee. Friends said he was too tired to fight the likes of Don Young and Pombo.

Another Democrat, Dennis Cardoza, Representative in California's 18th District, worked closely with Pombo to craft his assault on ESA, including a provision that is likely to bankrupt the U.S. Treasury faster than Halliburton's Iraq contracts. Pombo's bill calls for the federal government to pay off developers for not violating the law. Under this rule, the feds would have to compensate property owners for value of a "proposed use" for land inhabited by endangered species. It's a shakedown provision. A Central Valley rancher could proposed to build a casino in kit fox habitat, and the feds would be required to pay out millions to keep them from building it. Then the next year the same landowner could come back with new plans for a golf course and get another payoff.

Sound absurd? A similar law was passed by the voters of Oregon two years ago. The law was initially stuck down by a state court as unconstitutional, but last month the Oregon Supreme Court reinstated the statute, which virtually wipes out the state's vaunted land-use planning regulations.

Pombo's bill is currently stalled in the Senate, where Lincoln Chaffee, the Republican from Rhode Island, has vowed to keep the Endangered Species Act from being "Pomboized". (It may be a coincidence but one of the only zoos in the country that has a kit fox exhibit is the Chaffee Zoological Gardens in Fresno.)

Chaffee may resist his fellow Republican, but you won't hear similar objections from California's senior Senator Dianne Feinstein. She and Pombo have worked closely over the years on everything from water policy in the Central Valley (more water for farms, less for salmon) and logging in the High Sierra near Lake Tahoe. The real estate caucus sticks together.

Pombo says there are other laws he wants to obliterate in the next few years. At the top of his hit list is the National Environmental Policy Act, the law that requires Environmental Impact Statements for all federal projects.

It's been a dramatic run, but, alas, Pombo may not survive to witness the promised land. The ethical noose is tightening around his political career.

Back in the 90s, Pombo made rich sport of attacking Hillary Clinton for her role in the Travelgate affair. But it now turns out that Pombo' office has its own travel-related problems. Pombo's political Svengali is a man called Steven Ding, who has long served as his chief of staff. When Pombo landed the Resource Committee chair, he also made Ding chief staffer for the committee. Ding was double dipping, getting paid by both the committee and Pombo's office.

Ding lives in Stockton and travels back to California every week. The Resources Committee picks up the tab. From 2003 through 2004, Ding billed the committee $87,000 in commuter charges. Some of those visits may not have been to see Mrs. Ding. Even though he has two positions with Pombo, Ding has enough time to also hire himself out as a private consultant to corporations and lobbyists seeking his insider knowledge. Last year, Ding earned $57,000 in outside consulting fees. On four occasions, the House Ethics Committee has cited Ding for lowballing or failing entirely to report such outside remunerations.

Ding wasn't alone, though. He was traveling down a trail that was blazed by his boss. Each year Pombo's office spends nearly twice as much on travel as the offices of the adjacent congressional districts. The biggest freeloader is Pombo himself.

Last summer, Pombo took his family on a two-week vacation, touring the national parks in a rented RV. He sent the $5,000 bill to the Resources Committee. When Rep. Ellen Tauscher questioned the reimbursement, Pombo said he was doing research. And perhaps he was. A few weeks later after he returned from his grand tour, Pombo's office leaked a white paper to the Washington Times calling on the Bush administration to sell off a dozen national parks.

What about Pombo's wife, Annette, whose recipe for Apple-Walnut Crosscut Pie is the most popular page on the congressman's website? Surely, Annette's travel expenses shouldn't have been covered by the committee. It turns out that since 2001 Pombo has paid his wife and his brother at least $465,000 in consulting fees from his campaign fund.

This wasn't Pombo's first infraction. In 2004, he used office funds to pay for the printing and mailing of a flier to a nationwide list of property rights fanatics urging them to write letters in support of Bush's plan to let snowmobilers run amok all over Yellowstone Park. The Ethics Committee ruled that the flier violated the rules on franking and slashed his mail budget. Later that year, Pombo gave all of the Republican staffers on the Resources Committee a paid vacation in October so they could disperse across the country to work in GOP election campaigns.

In October 2005, the Center for Public Integrity reported that Pombo had taken two overseas junkets to New Zealand and Japan. Both trips were paid for by a group called the International Foundation for Conservation of Natural Resources, which receives funding from bioengineering firms such as Monsanto, also from pro-whaling interests. Pombo did not report the trip on his income tax form, though the IRS considers overseas junkets as gifts on which taxes must be paid.

"I really have no idea what is going on with that foundation," said Pombo, when confronted with the report. "Obviously I will have my accountant check into this." Even by the high standards of congressional evasiveness, this was a spectacular bout of memory loss. Pombo founded International Foundation for Conservation of Natural Resources and served as its chairman until July of last year.

Then there's the Abramoff connection. Like Bush, Pombo now pretends to have a foggy recollection of the beleaguered super lobbyist. "I think I met the guy a few times", Pombo said last month. "But he never stepped foot in my office. Never lobbied me about anything."

Unfortunately for Pombo, Abramoff has left a distinct paper trail across Capital Hill, with much the forensic evidence to be found in the chambers of the Resource Committee, where the business of his clients was so often decided. Duane Gibson, a former top staffer on the Resource Committee, left the committee to work in Abramoff's firm, where he represented mining companies and Indian tribes. Gibson helped Pombo draft a rider that would hand over thousands of acres of prime federal lands to mining companies. Three months before Pombo inserted the measure in the budget bill, Gibson hosted a $1,000-a-head fundraiser for the congressman.

In 2002, Pombo went to bat for Charles Hurwitz, owner of Maxxam and infamous looter of redwoods and of Savings & Loans. Pombo and Tom Delay intimidated federal regulators into dropping an investigation into Hurwitz's banking practices. Most of the legal footwork was done by Gibson, who is now under legal scrutiny by federal prosecutors. Hurwitz, of course, has been a top contributor to Pombo's campaign war chest.

Republicans are so worried about Pombo's ethical dilemmas that they've recruited an old war-horse to challenge him in the upcoming primary: Pete McCloskey. McCloskey is a former congressman and a sponsor of the original version of the Endangered Species Act. McCloskey calls Pombo the "Duke Cunningham of the environment," a reference to the now imprisoned congressman from San Diego who memorialized his menu of bribes on his congressional stationery.

Add to that the fact that Pombo's district is changing, as more and more Bay Area commuters move onto subdivisions that have sprouted up on the old ranches and farms of the Central Valley. If Pombo really wants to keep his seat, perhaps he should lose the goatee and go back to that suggestive moustache.
--------------

Jeffrey St. Clair is the author of Been Brown So Long It Looked Like Green to Me: the Politics of Nature and Grand Theft Pentagon: Tales of Corruption and Profiteering in the War on Terror.

| »

You can come to our Valley but can you play our blue violin?

Submitted: Apr 30, 2006

Badlands owes the community an apology. We published a letter to the McClatchy board of directors last week that complained about an article in the Merced Sun-Star some Valley citizens found extremely offensive to Hispanic neighbors, friends, Mexico and Hispanic culture in general.

We seem to have brought down on the community something almost worse than that letter: a series of lectures on theories of literary interpretation, the main one called, “Column wasn’t meant to offend,” by Sun-Star editor Joe Kieta. Perhaps this new professorial tone the Sun-Star is adopting is yet another wonderful benefit of proximity to a UC campus.

Hermaneutics does Merced!

Central Valley Safe Environment Network, which made the complaint to the owners of the Sun-Star, was bombarded by instruction about satire, irony and sarcasm. The author of the article telling Alma Oseguera to get out of the Valley, Keita, a top McClatchy corporate official, Sun-Star publisher Hank Vander Veen and numerous other important people including some local Hispanic “leaders” took time patiently to explain to members of CVSEN, an old Valley grassroots organization, that its members just didn’t understand what the retired journalism professor and freelance columnist really meant.

“Shocking news events like these are tailor-made for commentary,” Kieta wrote in defense of the offensive piece. “Burke decided to write an ironic column that took the extreme opposite side in an effort to point out what he feels is the senselessness of the agency's actions.”

Later, Kieta explains patiently to Valley dumbbells, “But if the irony is missed, readers can be confused or outraged by the comments.” This is followed by the news that the author had received emails soon after publication applauding his extremist views.

We may be confused by Kieta’s superior literary erudition, but it seems like the people who wrote those praises weren’t the least bit confused. They thought they had a regular Bull White Man to speak their racism.

From there, Kieta goes on to explain that the author is a first-rate man who is neither bigoted nor insensitive, and either is Kieta, Vander Veen or the Sun-Star – and if we dummies just knew about irony, satire, sarcasm and such, this whole misunderstanding would never have occurred.

We just didn’t think it was either funny or in good taste. However, our superiors enlightened us: Valley people don’t have no taste, we can’t think so we should just shut up when a former professor employs the highly refined, esoteric tools of the literary art to tell us something that is so far beyond us we could never understand it anyway.

How could we understand these things? We come from these communities – born and raised in them, among immigrants like undocumented Mexican workers. What could they know about a law that criminalizes them?

I guess we’ll have to see. But, from an agricultural perspective, this HR-4437 looks like using gasoline instead of diesel to stoke up an orchard brush-pile fire.

But we have in the Valley our own little canons of etiquette, too, apparently unknown to The McClatchy Company or its outlets who serve most of us our daily print. One of them is that we tend to speak rather respectfully about immigrants since most of us are immigrants and because the Valley has been a settling area for immigrants – from the US as well as other nations – for a long time. We don’t find immigration is a joke. In fact, we’ve learned through the years that if you aren’t careful and joke about it in the wrong company, you will get your teeth kicked in. Of course, our little canons do not rise to the level of McClatchy literary interpretation because they lack the elegance.

The largest concentration of undocumented Mexican workers in the nation lives between Stockton and Los Angeles. Hispanic people have always lived in the Valley, in fact a number of them lived here before the arrival of the Anglos. In the last 40 years, since the termination of the Bracero Program, the beginnings of the Maquiladora system, the end of the large Anglo migrations out of Louisiana, Texas, Arkansas and Oklahoma, and the increasing militarization of the US/Mexican border, the population of undocumented Mexican workers in California has radically increased. Agribusiness loves a large pool of workers, the more vulnerable to intimidation and coercion the better from its corporate point of view. In recent years illegal aliens have moved beyond agriculture and even, during the latest speculation-driven construction boom, into building trades.

These people will not be uprooted from the Valley now. They are part of our social fabric, our neighbors, friends and coworkers, and many are homeowners. We have been aware for decades that the lives of our immigrant neighbors are frequently complicated by inadequate papers. Border Patrol sweeps are hardly news in these parts. It’s an old game of harassment and intimidation the government plays whenever special interests get nervous about the workers’ emotional state. The special interests prefer the workers be afraid. Signs of courage, organizing and that sort of thing alarm special interests, who then instruct the government to “do something about the illegal alien situation.”

Actually, however, our Hispanic neighbors and friends here in the Valley have had some rudimentary literary education in recent years. A colorful fellow in Chiapas, who wears a ski mask, smokes a pipe, and controls a region of that state for the benefit of its indigenous inhabitants (mainly Mayas), has shown novel tastes in revolutionary literature. According to this subcomandante, all people really need to read is Don Quixote, with perhaps a little Shakespeare on the side, to get an adequate sense of reality in the post-NAFTA world in a nation that lacked an ideological vocabulary to describe reality.

The Badlands editorial staff – always seeking the key to understanding reality – has had an on-going Quixote study group for a dozen years. We feel it has improved our understanding of reality, but evidently not enough to grasp satire with sufficient depth to understand the refined sense of humor of the retired journalism professor or his bosses.

What we hear in these particularly brutal Border Patrol sweeps, backed by HR 4437, is an old simile from Hispanic political science: The state is like a violin, the left hand holds it but the right hand plays it.

The author of HR 4437, James Sensenbrenner, R-WI, understands this saying because his congressional district has the largest concentration of Hispanic dairy workers in Wisconsin, until 1993 (when California took the lead) the largest dairy state in the nation. He knows who holds it and who plays it.

You can bet the Grand Old Party of Global Corporations (formerly the American GOP or Republican Party) also knows who holds the fiddle and who plays it. Going down the list of the Immigration Reform Caucus Members for the 109th Congress makes interesting reading: half of the 90-plus members come from former Confederate states and the group’s rightwing fervor is “balanced” by two Democratic Party members.

HR 4437 would:

Make being undocumented a felony rather than a civil offense.

• Expand the definition of smuggling to include dealing with undocumented knowingly or with wanton neglect of their status.

• Make felony record an automatic basis to deny legal status and citizenship.

• Require employers, including union hiring halls to report all employers for federal examination of their eligibility to work.

• Have mandatory detention for suspected undocumented not from Mexico or Canada.

• Militarize the border with a wall of several hundred miles and high tech military surveillance.

• Eliminate due process from many immigration procedures.

• Deputize local and state police to enforce federal immigration laws.

Dennis Cardoza, to his great credit, voted against HR 4437.

This law makes about as much sense as Prohibition but is “good politics” for the GOP-GC because it criminalizes and terrorizes its victims into a position in which they must respond with the only political tactic they have, large public demonstrations. Since non-citizens, by definition, don’t vote, the rightwing political strategy of the year is to scare the hell out of everyone who does vote with another American alien scare, all mixed in together with the eternal war against terrorism. What else can they do? Their president lied to get us into a war we’re losing; his very election in 2000 was the result of highly organized vote rigging in the Southern state where his brother is governor; his regime has begun to spy on everyone they don’t like; he has given monstrous tax breaks to the wealthiest 2 percent in the nation and has stimulated a jobless economic recovery; with the largest national debt ever reached, the dollar is propped up by nervous Asian trading partners China and Japan; and the off-shoring of what is left of essential industries continues. He is so unpopular that in New York City yesterday an estimated 300,000 people braved a huge NYPD gauntlet to march against his war and all the rest of his policies. And gasoline costs more than $3 per gallon and the price is rising – a boon to the American president’s oil company constituents.

So, let’s see if we can get the “aliens” riled up, reason the Texans who rule us.

All the failures of the Bush regime must be the fault of undocumented Mexican workers, right? Nobody is certainly going to even remember, much less believe that seditious little marsupial, Pogo, who declared c. 1955: “We have found the enemy and he is us.”

Blame the undocumented Mexican worker, tack on a fat pork barrel in the form of a Israeli-style wall across the border, and pass another idiotic, unenforceable law terrorizing another in the long line of hard-working immigrant groups who have come to the United States, give the racists something to dream on and maintain control of the Congress by the GOP-GC.

The left hand holds the fiddle; the right hand plays an ugly, monotonous, malevolent tune:

· about learning more hatred;
· about more graft, corruption, oppression and police power;
· a ballad about betraying for the benefit of special interests the justice upon which we stand, without which we fall;
· and about getting more stupid by the month through denying (with help from our media corporations) the multiple dangers lying ahead instead of facing them like the relatively courageous, independently thinking people we have shown ourselves to be from time to time.

It’s not funny at all, when you come to think about it, because this authoritarian regime is above wit, rhetoric, argument, and is especially above humor. The emperor may look ridiculous without a stitch of clothing on, but if you grin, you could end up in Gitmo. This regime speaks only with power, money and force. It makes you really nostalgic for US Sen. Alan Simpson, R-WY, if, of course, you remember Simpson, which requires an inability to erase the recent history of your nation from your mind. The debate between Simpson and Rep. Barbara Jordan, D-TX, is evidence that before the present political nightmare, the US Congress was capable of thought – including analysis, argument, a very high level of rhetoric, wit, humility, humor and wisdom – even on the very difficult issue of the immigration of undocumented Mexican workers.

And, by the way, now that we’ve dispensed with its literary interpretation, does McClatchy by chance know where Alma Oseguera and her 50-plus fellow victims from our community are now? We’ll take the information in simple declarative sentences. Save the hermaneutics for the boardroom where the elites meet.

Happy May Day!

Pedro Conejo-Tonto
----------------------------------

Notes:

http://www.mercedsunstar.com/opinion/story/12086617p-12838624c.html
MercedSunStar.com
Column wasn't meant to offend
By Joe Kieta
… For our part, the Sun-Star will be more careful in the future to make sure satirical columns are clearly labeled as such, which will eliminate any confusion. We could have labeled Burke's column accordingly, but didn't -- and for this, please accept our apologies.
Biting satire shouldn't bite back. We'll do our best to make sure this confusion doesn't happen again.

http://www.mercedsunstar.com/opinion/story/12086617p-12838624c.html
Weekend voices: Liberty, opportunity are for Americans only
By David F. Burke
Last Updated: April 22, 2006
Get out of this valley, Alma Oseguara. Maybe after a few weeks in a Kern County jail you'll finally understand that we don't want you and your kind here in the San Joaquin Valley. … About 300 years ago, his ancestors, named Garcia, came through Texas -- well, it may have been "Tejas" then -- and up into northern New -- I mean Nuevo -- Mexico and southern Colorado.
Then, 150 years later, my ancestors picked a fight with Mexico. We first tried to get what we wanted peacefully, offering our neighbors to the south $25 million for California. But the ignorant Mexicans thought the state was worth more than that.
So, we sent two armies into Mexico and a third to California, by way of New Mexico. The silly Mexicans refused to surrender, so we captured Mexico City and "convinced" our captors to accept just $15 million for the Golden State. The vanquished Mexicans threw in New Mexico, Nevada, Arizona and Utah - about half of their country, all told - for free.
And that, Alma, should explain why my brown-skinned son -- who was born in New Mexico -- gets to stay while you -- who were born in Old Mexico -- must leave.
It's not personal. It's the law. If you like, you can think of it as manifest destiny.
Now, get out of my country. And don't come back until you are legal.

Gadamer, Hans Georg, Truth and Method, Continuum, New York, 1994, pp. 190-192, 265-266

http://www.uwrf.edu/news_bureau/0531022.html
Hispanic Workers Impact Increasing in Wisconsin
By Khrysten Darm
UW-RF News Bureau
A recent presentation by UW-River Falls dairy science Professor Dennis Cooper reflected a new reality in Wisconsin: 10 percent of its dairy workforce speaks Spanish.
Cooper spoke at a Hispanic Dairy Labor Conference recently in Kaukauna,Wis. His presentation was titled: "?Que Pasa? What is Happening with Hispanic Workers? Nine Ideas to Improve Your Success with Hispanic Employees." … Ten percent of the workforce in Wisconsin is Hispanic, and although a high concentration is in the southeastern part of the state, there are still Hispanic workers that come to larger dairy farms in this area. "We are trying to serve dairy farmers and they need information on how to manage a multicultural workforce," Cooper said.

tancredo.house.gov/
Check out Members of Congress' Immigration Report Cards at http://www.betterimmigration.com/reportcardintro.html

www.house.gov/sensenbrenner/

http://www.hispanicbusiness.com/news/newsbyid.asp?id=34019&cat=Hispanic+PR+Wire&more=/hprw
Latino Immigrants in favor of May first economic boycott
4/27/2006
Burbank, CA--(HISPANIC PR WIRE)--April 26, 2006--The large majority of Latino immigrants will support the May first economic boycott. More than 70% of the respondents stated that they will support the “Great Latino Stop” by not attending work, buying anything, or sending their children to school, according to a study conducted by Garcia Research made public today.
“The study indicates that even with the differences in opinion that exist amongst leaders and organizations about the best manner in which to make the boycott effective, and the possible negative repercussions like sanctions and unemployment, the immigrant population has received with great enthusiasm the idea of the boycott”, said Cristina Garcia, director of El Pulso Latino, the division of Public Polling of Garcia Research …

http://www.chicagotribune.com/news/nationworld/chi-0604280145apr28,1,7557293.story?coll=chi-newsnationworld-hed
dglanton@tribune.com
How immigration roils tiny Georgian town
Calhoun finds itself at the center of national debate over illegal laborers
By Dahleen Glanton
Tribune national correspondent
Published April 28, 2006
CALHOUN, Ga. -- This is carpet country, home to the largest concentration of carpeting factories in the world. It is a place of abundant jobs and affordable housing--magnets for a growing population of Latino immigrants that some longtime residents see as a threat to their way of life.
Calhoun's 13,000 people are mostly working-class whites. But now nearly one out of six residents is from another country. Some whites see immigrants, legal or not, as unfair contenders in the competition for coveted jobs they have held for generations at the carpet mills. For the most part, they have accepted the changing demographics with apprehension, much as they reluctantly took to forced integration with African-Americans in the 1960s.

http://www.commondreams.org/headlines06/0429-01.htm
Published on Saturday, April 29, 2006 by the Associated Press
FBI Investigated 3,501 People Without Warrants
by Mark Sherman
WASHINGTON - The FBI secretly sought information last year on 3,501 U.S. citizens and legal residents from their banks and credit card, telephone and Internet companies without a court's approval, the Justice Department said Friday. Confirms our fear all along that National Security Letters are being used to get the records of thousands of innocent Americans without court approval.
It was the first time the Bush administration has publicly disclosed how often it uses the administrative subpoena known as a National Security Letter, which allows the executive branch of government to obtain records about people in terrorism and espionage investigations without a judge's approval or a grand jury subpoena. Friday's disclosure was mandated as part of the renewal of the Patriot Act, the administration's sweeping anti-terror law. The FBI delivered a total of 9,254 NSLs relating to 3,501 people in 2005, according to a report submitted late Friday to Democratic and Republican leaders in the House and Senate. In some cases, the bureau demanded information about one person from several companies. The numbers from previous years remain classified, officials said.

http://www.commondreams.org/views06/0430-23.htm
Published on Sunday, April 30, 2006 by the Los Angeles Times
A Day Without All-Stars?
by Dave Zirin
May day 2006 is being called the "Great American Boycott" or "A Day Without Latinos."
Across the country, Latinos and their allies say they will neither work nor shop Monday to protest what they consider anti-immigrant legislation before Congress.
Although many industries and work sites may be affected, one multibillion-dollar enterprise would be crippled by such a boycott: Major League Baseball.
Of the top 10 hitters in the National League, six are from Latin America, including Albert Pujols, last year's most valuable player. In the American League, five of the top 10 are Latinos, including batting leader and 2003 MVP Miguel Tejada.
Latinos dominate the pantheon of the game's superstars like never before. Seven of the last 10 MVPs in the American League are Latinos. The new reality was laid bare at this spring's World Baseball Classic: The U.S. team couldn't compete with its Latin American rivals, failing to even make it out of pool play … The growing Latino presence in Major League Baseball is a story of exploitation and opportunity. Club owners set up baseball academies in countries where future prospects can be signed in their early teens for pennies, then fired with little cost if they aren't good enough to play in the big leagues. As one player said to me, "The options in the Dominican Republic are jail, the army, the factory or baseball." Many talented players make it to the U.S. and play minor league ball, then stay illegally if they're dropped from a team to chase the dream of a professional baseball career. The outer boroughs of New York City are filled with semipro teams of men in their 30s still thirsting for that contract and hoping it comes before they are deported.

http://cpusa.org/article/articleview/752/1/105/
2006 Immigrant Rights Club Educational Guide …
Author: CPUSA Education Commission
First published 04/27/2006 15:25
This educational has the goal of upgrading our understanding of the struggle for immigrant rights and against repressive immigration legislation which is taking place right now throughout the country. The goal is to place in bold relief the central problems of inequality, criminalization, and the greed of US corporations. The suggested readings which are attached include the 2006 report to the National Board on immigration, the resolution on immigration passed at the 28th National Convention, and a PWW article.
The club should invite guests to participate in this educational discussion of the immigrant rights struggle and immediately distribute the educational guide with the attached reading materials to all who will be involved. A discussion leader should be selected to facilitate the discussion. At least 45 minutes to an hour should be devoted to the full educational discussion.
Discussion Questions:
1. How have corporate and governmental policies shaped changes in the immigrant population and the challenges facing the immigrant population? How have the conditions for immigrants worsened?
2. What has been and is now the contribution of organized labor to the fight for immigrant rights?
3. What are some aspects of positive immigration reform? What can your club and district do to help advance the consciousness of the working class, nationally oppressed communities, women, and youth on the issue of immigrants rights? What are some obstacles which must be overcome? What can your club and district do to participate in this struggle? …

http://usliberals.about.com/od/immigration/a/RMahony.htm
Catholic Cardinal Mahony Slams House Bill HR 4437
Liberal Politics: U.S. -- Apr 11 2006
Tells Bush That Priests Will Not Verify Legal Status
In response to an immigration bill passed in late 2005 by the US House, Catholic Cardinal Roger Mahony, Archbishop of Los Angeles, the largest US diocese with five million Catholics, wrote this letter to President Bush, decrying the new mandate that organizations first check immigration status before providing services to any person. …

December 30, 2005
The Honorable
George W. Bush
President of the United States
The White House
1600 Pennsylvania Avenue, N.W.
Washington, DC 20500
Dear President Bush:
The House of Representatives recently passed a border-security Bill (H.R. 4437) that has enormous implications and ramifications for all of us in this country.
While I am surely in favor of taking appropriate government action to protect the borders of our country, not every action step is feasible or advisable. Apparently, the recently passed House Bill will require of all personnel of Churches and of all non-profit organizations to verify the legal immigration status of every single person served through our various entities.
In effect, priests, ministers, rabbis, and others involved in various Church-related activities will be forced top become "quasi-immigration enforcement officials." The Catholic Church alone offers a vast spectrum of services for all in need, including education, health care, and social services. Our golden rule has always been to serve people in need--not to verify beforehand their immigration status.
But the Bill imposes incredibly penalties upon any person assisting others' through a Church or a social service organization. Up to five years in prison and seizure of assets would accompany serving the poor who later turn out to be here without proper legal documentation.
One could interpret this Bill to suggest that any spiritual and pastoral service given to any person requires proof of legal residence. Are we to stop every person coming to Holy Communion and first ask them to produce proof of legal residence before we can offer them the Body and Blood of Christ?
Speaking for the Catholic Archdiocese of Los Angeles, such restrictions are impossible to comply with. The underlying basis for our service to others ,especially to the poor, is the example, words, and actions of Jesus Christ in the Gospels. The 25th chapter of St. Matthew's Gospel does not simply invite us to serve others in the name of Jesus, but offers such service as a requisite to the Kingdom of God:
"Then the king will say to those on his right, 'Come, you who are blessed by my Father. Inherit the kingdom prepared for you from the foundation of the world. For I was hungry and you gave me food, I was thirsty and you gave me drink, a stranger and you welcomed me, naked and you clothed me, ill and you cared for me, in prison and you visited me."
Then the righteous will answer him and say, 'Lord, when did we see you hungry and feed you, or thirsty and give you drink? When did we see you a stranger and welcome you, or naked and clothe you? When did we see you ill or in prison, and visit you?'
And the king will say to them in reply, 'Amen. I say to you, whatever you did for one of these least brothers of mine, you did for me.'" (Matthew 25: 31-46)
This one example in Matthew's Gospel is foundational to our discipleship of Jesus Christ, and all that we do in service to those in need is done in light of our Baptismal commitments.
It is staggering for the federal government to stifle our spiritual and pastoral outreach to the poor, and to impose penalties for doing what our faith demands of us.
Throughout your Presidency, you have encouraged Faith Based Organizations to be strong partners in meeting the needs of the those in our communities. Yet, this Bill will produce the opposite effect.
You must speak out clearly and forcefully in opposition to these repressive---and impossible--aspects of any immigration reform efforts. Your personal leadership is needed to counter such ill-advised efforts.
Thanking you for giving strong leadership in this matter, and with kindest personal regards, I am
Sincerely yours in Christ,
His Eminence
Cardinal Roger M. Mahony
Archbishop of Los Angeles

http://www.truthout.org/docs_2006/043006B.shtml
In Leak Cases, New Pressure on Journalists
By Adam Liptak
The New York Times
Sunday 30 April 2006
Earlier administrations have fired and prosecuted government officials who provided classified information to the press. They have also tried to force reporters to identify their sources.
But the Bush administration is exploring a more radical measure to protect information it says is vital to national security: the criminal prosecution of reporters under the espionage laws …

| »

Time out for adults

Submitted: Apr 21, 2006

Americans too young to remember the Vietnam War or those who have an iron-clad case of amnesia do not know how bad a really rotten war can get on the home front of the invader, passing over the millions of the invaded such wars kill. You are only beginning to get a taste of it. An immeasurable aid to national complacency about the Iraq Disaster is that it is being fought be other peoples’ children, almost exclusively from the nation’s less fashionable, less politically influential neighborhoods. But, eventually, the taste of this Iraq Disaster will be like rancid pork in your mouths.

Pete McCloskey, Republican, and Jerome Waldie, Democrat, were two Bay Area congressmen who were morally present for Vietnam and they didn’t blink. McCloskey fought his party’s leadership and Waldie fought his. Both demonstrated admirably that the only political course in the face of ruinous policy is determined, fierce resistance. Any other course rots your soul.

Both took their licks and kept on ticking. They had what you’d call “ethics.” Ethics were no more politically popular then and they are now. Hacks of both parties hated them, but they spoke the simple truth and eventually everything they said was proved to be very accurate. In matters like unjust wars, morality and courage are required to get at the truth, which is always buried below mountains of the best flak the rotten regime can buy.

These two congressmen cut through to the truth of things. It would have been good to have had Waldie in the 18th congressional district, running against the rear end of the Pomboza while McCloskey takes on the front end in the 11th. Perhaps we could write him in at the June primary. It’s a little more to the point than Mickey Mouse.

McCloskey and Waldie were adults way back then. Now they have that rarest quality, some wisdom and the guts to share it in this blind moment. Reading and listening to them is a constant reminder that covering politics today is like recording the minutes of a third graders' liars club.

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

Contra Costa Times
Posted on Fri, Apr. 21, 2006

JEROME WALDIE

Tough old war hero seeks to clean up mess

HE IS 78 years old, a tough as nails former Marine and Korean War hero and a legendary, maverick former Republican congressman who has "had it up to here" as he so delicately puts it, with the present Republican leadership as exemplified by Tom Delay and Central Valley Republican Congressman Richard Pombo

.Pete McCloskey is, in some circles, which includes me, a national hero. He was awarded the Navy Cross, the Silver Star and two Purple Hearts for heroism in combat in Korea where he served as a Marine Rifle Platoon Leader. That is a lot of heroism.

He began an outstanding congressional career in a campaign that was of national interest. Though a decided underdog, the young war hero defeated the favorite candidate in that Republican Primary, former child movie star, Shirley Temple. That campaign brought McCloskey to national prominence.

His service in congress added luster to the reputation his military heroism in Korea and his successful campaign against Temple had begun. McCloskey was known in Congress as a highly intelligent, fiercely outspoken, hard-driving, Republican. He was held in high esteem on both sides of the partisan aisle.

I had arrived in Congress as a Democrat a few months before Republican McCloskey and was instantly attracted to his demonstrated integrity and maverick political positions. When he believed that his party leadership was in error, he courageously said so on the floor of Congress much to the chagrin of the embarrassed leadership.

My personal admiration for McCloskey was enhanced when he and I made a congressional tour of Vietnam and Laos during the war. McCloskey, as a Marine combat hero, was widely known and respected by the troops we met in Vietnam. McCloskey was adamantly convinced that the Nixon team was unable to handle this increasing tragedy.

He left Congress when he unsuccessfully ran for the U.S. Senate against Pete Wilson several decades ago. Since then, he has been practicing law and farming near Rumsey. Our friendship has continued through the years. McCloskey, his lovely wife, Helen, and I, often went backpacking in the Sierra. And I have participated in the harvesting of olives at his farm, as well as handily defeating him in many games of horseshoes.

McCloskey is now close to 79 years of age and has become very critical at the lack of respect shown by the Republican majority in Congress for the Republican values he had so long cherished such as a balanced budget, ethical conduct and a commitment to protect the nation's natural resources.

And, very personally, he is angry over the failure of Pombo to adequately support wounded veterans from all of our past wars, including Iraq, and for his unwillingness to support efforts to properly equip our forces in Iraq with protective armor and body equipment.

When Pombo recently proposed to sell off some of our national parks to mining interests to reduce our national debt, McCloskey was outraged. He sought a more ethical Republican to run against Pombo, but was unsuccessful in that effort. Reluctantly, McCloskey announced that he would take on Pombo in the primary election.It is not easy for even a tough, old, gray-haired, combat Marine to endure the rigors of a congressional campaign. Pombo already has a huge campaign fund of hundreds of thousands received from corporate contributors and lobbyists such as the infamous, indicted Jack Abramoff. But, at this early stage, McCloskey seems to be doing well. Though he has refused any special interest contributions from lobbyists, hundreds of contributors are sending him small amounts from the district and from all over the nation.

Most importantly, 78-year-old McCloskey has been there and done that. He detests what is happening in Congress today consisting, unfortunately, of mostly the bad and the ugly. He has pledged that he would serve no more than four years. He clearly has no further political ambition to hold higher office. This tough, old Marine only seeks to clean up the terrible mess that now pollutes our nation's capital.

Jerome Waldie is a former Democratic congressman representing East County. Reach him at jeromew@innercite.com. The opinions in this column are those solely of the author and do not necessarily reflect the opinion of the newspaper.
------------

Notes:

4-21-06Merced Sun-StarUCM students vie for political seats...Corinne Reillyhttp://www.mercedsunstar.com/local/story/12080522p-12833519c.htmlIt's campaign season at University of California, Merced...first campus party, LEAD (Leadership, Empowerment, Achievement and Development)...second party on campus, LAID (Lyons and Duckham Advocate Improving Da school). Candidates all say they have developed strong platforms focusing on the most pressing issues...extracurricular activities and student involvement are top concerns...presidential hopefuls addressed needs for wider choices in the dining commons, more meeting space for campus clubs and better connections between students and the community. "We have pretty low student morale," said junior Mehrdad Rasolipour, the only presidential candidate living off campus. "The academics here are great and I can't say enough about the faculty. But the lack of student life on campus could be our real downfall. LEAD threw a campaign party open to all voters Thursday night

Stockton Record
Democrats help fund Pombo challenger...Hank Shaw
http://recordnet.com/apps/pbcs.dll/article?AID=/20060421/NEWS01/604210324/1001
SACRAMENTO - Pete McCloskey may be a Republican, but you sure can't tell by looking at his benefactors. A Record analysis of the congressional candidate's campaign finances shows that McCloskey is being bankrolled largely by Bay Area Democrats and supporters of former Democratic presidential candidate John Kerry - an unusual thing for a Republican. "This whole thing with McCloskey is nothing but a Democrat drill," he said. "It's obvious he has no support in the district, and the people who are giving him money are not Republicans." Regardless of where McCloskey's cash came from, his $255,000, which includes a $50,000 loan to himself - makes him the most well-funded Republican Pombo has faced since he took office.

| »

You’d like to believe him

Submitted: Apr 21, 2006

… but you can’t.

Yes, you’d like to believe a prominent local businessman whose opinions are almost professionally written and with great authority and the appearance of logic and reason.

But, I think it would be unwise to take a recent letter in the Merced Sun-Star, “Keep to linear plan,” (April 12) at face value.

It begins, as we often do begin our analyses in the Valley, with a mythical Golden Age of universal harmony:

Editor: The city of Merced has begun its general plan update. In the 1980s the community consensus was to only allow growth north of the city. This was known as the linear city plan.

Like most such conjured moments, the myth doesn’t hold up very well under scrutiny.
The population has grown 20% from 1980-2004 . – about half of that between 2000-2006. (www.consrv.ca.gov/DLRP/fmmp/time_series_img/merced.htm - 24k - Cached -
http://quickfacts.census.gov/qfd/states/06/0646898.html).
Half the growth in 20 years, half in six. In other words, the planning horizon of the City of Merced in the 1980’s resembles Merced today about as much as it resembled north Modesto then.

The land on which the city was planning to expand – whether farm, ranch or wetland bog – was in county jurisdiction. While the city began some planning in the 1980’s, the county had to be sued to write its first general plan, in 1990, and has fought tooth-and-nail ever since against revisions, despite remarkable changes in the velocity of its growth, especially around the City of Merced. We don’t mention Los Banos. Generations of wide-eyed idealists who have asked questions – any questions – about the West Side, are told the Stories. The Big Story is how they will end up in their wretched investigative journalist car, at the bottom of either the California Aqueduct or the Delta-Mendota Canal, their skeletons waving ambiguously at the fish that ate their flesh away.

Those Westside Boys really lay it on. They get vivid on you, excite your imagination and such.

Nevertheless, let us give the businessman his sweet moment in the past: there was agreement about a direction for planning and people in Merced were a great deal more civil to one another than they are today. That’s a good enough Golden Age for me. Actually, they were a great deal more civil eight years ago than they are today. But, then, 10-percent growth in six years will irritate a lot of people, while enriching remarkably few.

With the advent of the University of California campus it (the city’s general plan) was amended to include just that land east of Lake Road, but north of Yosemite Avenue.

Perhaps, as the county found, trying to “amend” the University of California into a general plan made in and for Merced city and county is like a garter snake trying to swallow a Holstein on growth hormones. The city later broke its own ordinance about not providing sewer and water services outside its corporate limits to UC Merced. When sued, its defense boiled down to, “We’ve done it before, we can do it again, it’s UC.” Both superior and state appellate courts bought this reasoning, which amounting to the garter snake saying, “I’ve got the hoof, now I’m going for the knee.”

Apparently, the current City Council has completely abandoned the linear city plan without any public debate. The study area they designated encompasses 40,000 acres of farmland, which does not even consider developing to the north of Merced.

The reason for the linear city is to allow development on the least productive ground, which in Merced's cases lies north of town. Most cities grow in all directions like an expanding balloon. By directing growth in a responsible way, we avoid eroding the agricultural industry, which is our economic base.

Yessir, you’re undoubtedly correct on that. The shortest way between two points for a 7-member city council, four of whom are realtors, is straight out in all directions at once. But at least some of that prime farmland you are talking about is on the city-side of the Campus Parkway, anchored at the academic end by UC Merced, anchored at the financial end by Wal-Mart’s proposed distribution center, which the same council shows no political inclination to reject. Merced air quality! Love it or leave it (if you can). If you can’t, well, you really don’t amount to much, do you.

Going north of town there are eventually vernal pools. Unfortunately an unbalanced importance has been placed on protecting them. There are 1.7 million acres full of them in California so by definition, how threatened can they be? There are 30,000 acres of easements protecting them adjacent to UC Merced, which should be enough mitigation to allow development north of town.

Now, we’re getting into it. It reminds me of interviews I used to have to do of deeply ideologically twisted public officials for their local newspapers. You could get a few minutes of fairly rational conversation out of a congressman like John Doolittle or a state Senator like Dick Monteith before it was “message time,” whereupon, with nary a blink of eye, off they went into a never-never land that could make a person feel guilty for trying to think at all.

In this instance, our code words are brought to us care of the Ol’ Shrimp Slayer himself, Rep. Dennis Cardoza. In Merced political discourse, whenever that word “balance” or its negative appears, the Slayer is nigh. Then, here comes that 1.7 million acres full of vernal pools.

Folks, guys that make a living in propaganda make a good living off figures like that. However, that old reality, like the pool-table team of Old Age and Treachery against Youth and Beauty (the bull rider and his bar tenderness), is gonna beat you in 8-ball and political history, pal.

As a result of a lawsuit brought against the US Fish & Wildlife Service by the Butte Environmental Center, Defenders of Wildlife and other groups, the Service declared a critical habitat designation of 1.4 million acres in California and southern Oregon for 15 endangered and threatened species residing in vernal pools.

The Pomboza, with whom we feel our local businessman communes, was outraged because you just can’t have the federal resource agencies poking their noses into development on rangeland containing vernal pools, particularly in eastern Merced, Stanislaus and San Joaquin counties.

The Pomboza, for readers new to Badlands, is a one-headed beast with four outstretched, cash-grasping claws, whose domain runs contiguously from Merced County west and north through Stanislaus and San Joaquin counties to San Benito and parts of Santa Clara and Alameda counties.

It is a proud and pompous Pomboza, at once rubbing elbows and shaking down the special interests in its districts (the 11th and 18th congressional districts of California). Although mythical figures – Pombo the Buffalo Slayer (for potting a grazing buffalo in South Dakota while attending a casino shakedown to fund Democrat Tom Dacshle’s opponent), and Cardoza the Shrimp Slayer (who vows eternal vigilance for private property rights against creatures most of which don’t live more than two months a year or go more than an inch long) – they came in on the stinking wind of special interests that brings subdivisions to farmland, not harmony, not soil fertility or economic stability.

As for the famous 30,000 acres protected by easement in Merced County, 148,000 (down from 194,000 acres) are presently under the jurisdiction of the federal critical habitat designation of the Endangered Species Act. But this was no gift from the government.

When Merced received its designation of 194,000, all hell broke loose and political pressure was applied to the Fish & Wildlife Service. The Shrimp Slayer, successor to Condit (Gary, wannabe first president from Ceres), rallied eastern Merced County landowners, with a lot of help from county Supervisor Kathleen Crookham, an eastern Merced County ranch landowner, into a real foam-mouthed moment on private property rights. This hate rally in the chambers of the county Board of Supervisors was interrupted by the critical comments of one Bryant Owens of Plainsburg, in a display of courage that is honored in the underground annals of county history.

The political pressure in Washington produced fabulous results: Merced, Stanislaus and San Joaquin counties were relieved of their burden to consult with federal resource agencies regarding the tedious subject of vernal pools if projects to wipe them out involved federal funding.

The Butte Environmental Council, Defenders of Wildlife and the California Native Plant Society, however, struck again in court. While the case lurched along, Cardoza the Shrimp Slayer, introduced two bills to strike down the critical habitat designation of the ESA. Failing twice, about the time of the ruling on the case, the Pomboza introduced the Gut-the-ESA bill, now languishing in the US Senate. One of that bill’s strongest parts is the utter destruction of the critical habitat designation for endangered and threatened wildlife species. The federal court decision restored 148,000 of the entirely lost 194,000 acres of vernal pools in Merced County that require federal resource agency oversight if federal funds are involved in projects to develop it. At least that is apparently what the designation and the ruling imply for the regulatory agencies, which would probably function more efficiently without a rightwing radical one-party House of Representatives harassing them constantly.

By not developing onto the foothills and off of the Valley floor, precious farmland will
continue to be paved over until there isn't enough left for packing sheds and processors to
stay in business. We need to be able to feed our own people. Depending on other countries for our food is suicide. Being at the mercy of the Middle East for our oil is bearable; going without food is impossible.

Lord, I love a pitch for agriculture in the spring around Easter, when rains and mists still bathe the fecund soil. But I have this strange, perverse tic in my mind: the rains and mists I see are extending the season of the dry pasture land on both edges of the Valley. I see all those calves and their mamas out there in that high, rich grass, and I wonder what the hell a cattleman has to do to qualify as an agriculturalist in this Valley. Presumably, the prominent local businessman is concerned primarily with vegetarians who take dairy products and has momentarily forgotten beefeaters. Ah, Swami Businessman, such purity! You are a credit to the Ashram of the Invisible Hand.

By not developing onto the foothills and off of the Valley floor, precious farmland will
continue to be paved over until there isn't enough left for packing sheds and processors to
stay in business. We need to be able to feed our own people. Depending on other countries for our food is suicide. Being at the mercy of the Middle East for our oil is bearable; going without food is impossible.

Also, California has the safest food in the world because it is the most regulated. With the
world's population growing exponentially, taking the best farmland out of production is
irresponsible.

It makes better business sense to retain our market share in the state's number one industry than to keep eroding it. The San Joaquin Valley's farmland should be preserved because it is the main source for the world's food supply; it should not be used simply for cheap housing.

As a great swami of the invisible hand of the free, free, free market, you give us beautifully consistent mythology, for which we, the bewildered, should be eternally grateful.

Ah, precious farmland! Yes! I believe! I see The Way!

But,Swami, I have doubts. May I discuss them?

(Hearing no answer, I will express them.)

We are so at the mercy from the Middle East for our oil, I don’t know how it can possibly end. Could we, with Israeli help, do unto Arabs as we did unto Native Americans and they are experimenting with doing unto the Palestinians, and call it something else but genocide? We are rich in propaganda resources. We can surely find new language to describe what it is we are doing to the ragheads and camel jockeys. Surely we can find a story so powerful, so good, that it will forever obliterate our conscience about, well, all those dead people over there, lying “on top of a pool of oil,” as a Catholic priest from Baghdad said just before the invasion, on pretenses that, frankly, Swami my Swami, look thinner by the day).

But, Swami, I have doubts. I used to live on an Indian reservation. They weren’t all dead. If you don’t kill every one of them, they keep talking, you see.

Also, California has the safest food in the world because it is the most regulated.

Now, Swami, I know that as your humble student of reality that you just throw that out for me to object to and that -- even if you don’t show it in your cruel, Swami way -- you will be proud of your humble student for his doubts.

The Shrimp Slayer just got finished voting for the National Uniformity for Food Act of 2005. From a people’s point of view, this thing was a real meadow muffin, brought to us by a combination of special interests irresistible (at least to the Shrimp Slayer) including the biotechnology industry, the pesticide industry, your public research universities and agribusiness, to wipe out local and states’ rights on food labeling.

It’s what you call a “pro-active special interest” bill (lots of money to be made on it by an enterprising young shrimp slayer).

But our Shrimp Slayer, the One and Only, distinguished himself even further as a moderate, “balanced” proponent of the measure. He introduced an amendment, the Shrimp Slayer’s amendment to the National Uniformity of Food Act of 2005.

Beginning with the humility that is his calling card, the Slayer said on the floor of the House:

Mr. Chairman, I yield myself such time as I may consume to offer my amendment to H.R. 4167, the National Uniformity for Food Act.

The vagueness of the time element was to be the key to the amendment. Ostensibly, an amendment that would allow states to petition to the Federal Drug Administration sooner than the bill’s leisurely time frame of four months, if a food danger were immanent, our Slayer suggested language that would allow states to petition the FDA to approve a national standard for new food labeling requirements, or to exempt a State from certain requirements of national uniformity – in a timely manner.

Yet, under questions from the floor, the timeliness of the manner disappeared up the spout of Pombozoism.

Ms. ESHOO. So maximum is 120 days?

Mr. CARDOZA. And this allows the FDA to act even quicker; in fact, mandates it.

Ms. ESHOO. But they have up to 4 months?

Mr. CARDOZA. In the underlying bill.

Ms. ESHOO. But that is your amendment, not the underlying bill.

Mr. CARDOZA. No, the underlying bill is 120 days.

Ms. ESHOO. And what does your amendment do?

Mr. CARDOZA. It says that it must be the quickest possible.

Ms. ESHOO. But without any specificity?

Mr. CARDOZA. Correct.

Oh, Shrimp Slayer, my Shrimp Slayer, pompous though you be, surely you are such a creep you embarrass the continuing if oppressed intelligence of your district.

Swami, you really shouldn’t listen to the Slayer. You should not borrow his lingo for letters to the editor. He is bad for your mind and for ours. But, many times, we have seen the like of the Shrimp Slayer, although usually at county fairs, down there with the games of chance, the bearded ladies and the drunken, two-fisted carnies.

It’s quaint, but is it real politics?

These are the questions you must answer, my Swami. These are my doubts. You are my teacher. Help me in my bewilderment.

It makes better business sense to retain our market share in the state's number one industry than to keep eroding it. The San Joaquin Valley's farmland should be preserved because it is the main source for the world's food supply; it should not be used simply for cheap housing.

The highest and best use for farmland is for producing food. The situation that vernal pool areas cannot be developed on must be challenged. This confines development to farmland on the Valley floor. Our starving descendants won't understand how our generation made such shortsighted idiotic choices as to pave over their safe dependable food supply in order to protect a minute percentage of the fairy shrimp.

There are dire long-term consequences to our decisions. I strongly encourage you to immediately contact the City Council and convince them to adhere to the linear city plan, which was adopted by a consensus of the community.

DANIEL F. MCNAMARA

“Our starving descendants won’t understand ….”?

Help me with my doubts, oh my Swami of economics, my main reality man.

So, the Bank of America gets into 20-25-percent loans in Latin America and Eastern Europe. They start pulling the plug on San Joaquin Valley packers. The bank – oh well – the bank is now owned by something in North Carolina. The growers? Some went to Latin America.

Where was the loyalty, Swami my economic guru? Where was the solidarity when the bank figured it could make back its principal in five years on 20-percent interest in Mexico, Brazil, Argentina or Poland, when a lowly Valley packer couldn’t pay anything like that?

Where was the sanity in the bank when they dispatched MBAs wet behind the ears but full of serious, malevolent intent, to the Pink House in Las Lomas in Mexico City, back then, in the moment when it all mattered very much, and you were selling Major League baseball caps and not thinking about much else at all, and even the shrimp slayer, was as yet unmanifested then in that long-gone Golden Age, at the time a mere impresario of lady mud-wrestling at a low-life bowling alley.

Do you know Las Lomas and Pedrigal, Swami, my Swami? Do you know the mountains of Michocan, Swami my Swami? Do you know Coahilla? Do you know the border towns? Have you ever seen the wall or the fence? Entiendes Jaripo o Rancho San Miguel?

I look left, oh my Swami. I look right. Wherever I look, I cannot find any economic system – especially in agriculture – that had any stability. But this is because of my doubt, Swami, my Swami, of which I hope you can relieve me.

Swami, my Almond-Cotton-Vegetable Munchkin Swami, save me from my doubt!

I keep thinking – it must have been some old book I once read in an unguarded moment – that economic systems require that justice run through the relations of the participants or else they collapse some day. And on that day, it doesn’t matter how good the land is. It is definitely in the wrong hands. I know that you, my Swami, never read old books in unguarded moments, so you must know the truth.

Teach me. I have doubts.

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

Notes:

Your Views: Letters to the Editor: Keep to linear plan
http://www.mercedsunstar.com/opinion/story/12045268p-12801495c.html
Last Updated: April 12, 2006, 02:01:03 AM PDT

4-18-06
Merced Sun-Star
Merced leaders look at possibly updating the city's charter...David Chircop
http://www.mercedsunstar.com/local/story/12067545p-12822084c.html
City charter, Merced's guiding document...29-page charter was established in 1949, and has been amended several times. Changes include the direct election of mayor (the council used to appoint the mayor) and term limits (two four-year terms for council members and two two-year terms for the mayor)... it can establish unique criteria for city office, doesn't face salary ceilings, can establish its own election dates and is not required to comply with competitive bidding statutes, gives city leaders more authority over land use. City Council discussed the need to revise the charter, and to include the public in the review process

http://news.fws.gov/newsreleases/r1/455D1EAE-2FD6-4048-850C7613CBF17849.html

Service Designates Critical Habitat for Threatened and Endangered Vernal Pool Species News Releases Home Page Search the News ReleasesU.S. Fish & Wildlife Service Home

ContactsJim Nickles, Sacramento FWO (916) 414-6572 The U.S. Fish and

http://www.becnet.org/nodes/issues/vernalpools/en_2005_critical_habitat_designated.htm
Home : Issues and Activism : Vernal Pools : Critical Habitat Designated
Critical Habitat Designated
Editor’s Note: This important story has received incredible press across the state.

The Interior Department (Interior) released their second, final Vernal Pool Critical Habitat (VPCH) Rule for 15 vernal pool species found in California and southern Oregon. This Rule (www.becnet.org) is a result of litigation filed by Butte Environmental Council, the California Native Plant Society, and Defenders of Wildlife over the elimination of more than one million acres of VPCH in 2003 for the 15 endangered and threatened vernal pool plants and animals.

In this Rule, some acreage was restored to counties indiscriminately omitted in the 2003 rule. For example:
“We are pleased that Interior was able to include some lands in counties previously excluded in the 2003 rule, yet their analysis leaves them vulnerable to further legal challenges,” stated Barbara Vlamis, Executive Director of Butte Environmental Council.

http://www.contracostatimes.com/mld/cctimes/news/local/states/california/14341553.htm
Today in the Times
Posted on Fri, Apr. 14, 2006email thisprint this
White House reduces size of habitat set aside for frog
By Michael Doyle
McCLATCHY NEWS SERVICE
WASHINGTON - The Bush administration on Thursday dramatically shrunk the land deemed crucial for survival of the California red-legged frog, a threatened amphibian paddling at the center of a national debate.

City sued over homes approval...Loretta Kalb
http://www.sacbee.com/content/community_news/elk_grove_laguna/v-print/story/14245198p-15063462c.html
A group of Elk Grove homeowners and a state agency each have sued the city of Elk Grove over its approval of a 670-home project that one lawsuit claims will "pave over.. vernal pools and wetlands." One suit, filed March 24 by a group of homeowners at Quail Ranch Estates, adjacent to the planned Vintara Park project, says the city violated the California Environmental Quality Act when it declared that an environmental impact report was not needed for the site...the city declared that the environmental effects of the project by Centex Homes would not be significant. The lawsuit filed by the Quail Ranch Homeowners Association said the effects of the project would be significant, and that the project "will pave over significant areas of vernal pools and wetlands." The other suit was filed by the California Department of Transportation on March 27 and contends the city violated CEQA by failing to study the project's impacts on the state highway system. The Quail Ranch suit cited Centex Homes and Sacramento County Sanitation District 1, which owns the land and has as one of its board members City Councilwoman Sophia Scherman, as having a stake in the issue. The homeowners' attorney, Donald B. Mooney of Davis, said the next step is a mandatory settlement meeting, which should be scheduled later this month or in early May.

Bill would block housing inside 200-year floodplains...Jim Sanders
http://www.sacbee.com/content/politics/v-print/story/14245560p-15063711c.html
Assembly Bill 1899..."It asks local governments to make responsible decisions when approving new homes behind levees in the Central Valley," said Assemblywoman Lois Wolk, D-Davis, who crafted the measure...bill would require cities and counties, before approving new subdivisions, to receive clearance from the state Reclamation Board that the houses would be outside the 200-year floodplain within five years of approval. "We think it's an anti-growth bill," said Michael Webb of the California Building Industry Association. Valerie Nera, representing the California Chamber of Commerce, said AB 1899 could slow construction of much-needed affordable housing. Countered Wolk: "I believe that affordable housing that's under 10 feet of water no longer is affordable." AB 1899's next stop is the Assembly Natural Resources Committee.

Democrats, GOP at odds over proposed food safety bill...Dogen Hannah
http://www.contracostatimes.com/mld/cctimes/email/news/14385396.htm?template=contentModules/printstory.jsp
At issue is a bill the House passed last month that opponents contend would do away with stringent food safety standards that many states, including legislative trend-setter California, have had in place for years...bill would pre-empt much of California's 20-year-old Proposition 65, which requires food containing chemicals that cause cancer or birth defects to bear warning labels, contend opponents. Feinstein. If the bill becomes law, "the precautions that now exist in California and dozens of other states would be dumbed-down." Opponents counter that states' attempt to set their own standards or to push for tougher national standards would be subject to a Byzantine and open-ended approval process. The bill's proponents, including Rep. Richard Pombo, R-Tracy, contend that uniform, national standards set by the U.S. Food and Drug Administration would protect people in every state and bolster consumer confidence."He believes that consumer protection throughout the country is paramount," said Pombo spokeswoman Nicole Philbin. "This law is important because it protects citizens equally."

http://www.vote-smart.org/speech_detail.php?speech_id=158791&keyword=&phrase=&contain=

Public Statements

Speaker: Representative Dennis A. Cardoza (CA)
Title: National Uniformity for Food Act of 2005
Location: Washington, DC
Date: 03/08/2006

NATIONAL UNIFORMITY FOR FOOD ACT OF 2005 -- (House of Representatives - March 08, 2006)

Bill would block housing inside 200-year floodplains; Assembly panel clears proposal that critics say will stifle Valley growth
Sacramento Bee – 4/20/06
By Jim Sanders, staff writer

Large swaths of Central Valley floodplain could be barred from future housing construction under a proposed state law that cleared its first legislative hurdle Wednesday.
Assembly Bill 1899 would not allow new Central Valley subdivisions on levee-protected lands likely to be inundated by a severe flood with a one-in-200 chance of occurring in any given year.

"It asks local governments to make responsible decisions when approving new homes behind levees in the Central Valley," said Assemblywoman Lois Wolk, D-Davis, who crafted the measure.

| »

Winter storms drive Killer whales up Delta to Capitol

Submitted: Apr 07, 2006

Facing the peril of potential flooding of many new subdivisions built on flood plains, Assemblyman Dave Jones, D-Sacramento, introduced a bill to make it mandatory for homeowners to buy federal flood insurance for homes built where there is an annual one-in-200 chance of flooding. Presently, the state is on the hook for flood damage. Jones' bill required mortgage lenders to make certain homebuyers had flood insurance.

Mortgage banking lobbyists defeated the bill's enforcement provision in the Assembly Insurance Committee Wednesday. They argued that, as a result of Katrina, the federal flood insurance program was probably bankrupt so why buy federal flood insurance.

It's an absurd argument but lobbyists at public meetings have to come up with something to conceal the deal going down in private. Evidently, bankers believe they have a right to profits from their "creative" mortgages and to an endless speculative housing boom, more of it inevitably encroaching on flood plains in the Central Valley.

While developer sharks circle the Legislature daily, we don't often see the killer whales come up the river and dance on their tails. Jones, regardless of the fate of his bill, should be thanked for flushing out a bit of the financial system behind CalGrowth, Inc, which rules this state today in an absolute style not seen since the days of The Railroad.

Nine of the 10 members of the committee are from Southern California. They watched safely from the riverbank as Jones' bill and political reason were devoured by greed. While this is a perfectly normal spectacle at the state Capitol, some interest was added by the rising level of the river in which the lobbyist feeding frenzy occurred.

Seal count:

How they voted against the critical enforcement provision of AB 1898.

Yes

Ron Calderon, D-Montibello
Dario Frommer, D-Los Angeles
Betty Karnette, D-Long Beach
Sally Lieber, D-Santa Clara
Pedro Nava, D-Santa Barbara
Tom Umberg, D-Santa Ana

No

John Benoit, R-Riverside (vice chair)
Russ Bogh, R-Beaumont
Dennis Mountjoy, R-Monrovia

Abstained

Juan Vargas, D-San Diego (chair)

------------

Meanwhile, the local whining industry goes on per usual. Local government permits building on flood plains and goes whining to state and federal governments for "relief" when flood plains flood. Poor little Merced, whose city and county governments constantly raise the salaries and benefits for, at least, their "top" employees -- it just can't buy protection from floods, no matter how much money its public officials are investing in real estate.

Our leadership, in an economy fatted on every kind of government funding from cotton subsidies to UC Merced that still cannot produce enough work for its citizens, is adamantly against any government intervention except one kind: when state or federal funds flow into local coffers like Mariposa runoff.

The flood game is going to get worse due to the number of acres uphill and upstream from Merced that have been paved over and roofed over by the UC Merced-induced building boom.

Local leadership's first play in the flood game is to try to convince itself and the
remaining speculators that they are trying to do something and that floods will never,never happen again in Merced.

Its second play is going to be to blame environmentalists and natural resource agencies for floods. About the only people dumb enough to buy this are going to be real estate speculators still in this market, going nuts losing money. But a lot of them work for the county so this fable has a good start. Rep. Dennis Cardoza, Vernal Pool Shrimp Slayer-Merced, is going to be whining to the leaden heavens as the rain comes down that flood damage is anyone's -- absolutely anyone's -- fault but his, beginning with railroading the UC campus through without proper environmental protection.

Local leadership is going to disappear behind its pointing fingers. You'll see a strange creature, something like a Sea urchin, rolling in and out of the county administration building, all fingers, no faces, no names. Or perhaps you'll see it floating down an MID canal, because MID isn't a flood control agency.

Absolutely the only thing real about this farce is flood water.

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

Merced Sun-Star
Estimates at $9.72M for flood damages...Doane Yawger
http://www.mercedsunstar.com/local/story/12026735p-12784522c.html
First estimates from flooding earlier this week in Merced peg damage at $9.72 million...total is certain to go up as more homes, farms, businesses and public facilities are assessed.

County still awaiting disaster relief from governor's office. Rep. Dennis Cardoza, D-Merced, told Schwarzenegger that flooding was overwhelming local response capabilities...state assistance is needed and warranted. Ted Selb said the MID's canals sustained considerable damage...city crews were cleaning out culverts and removing obstructions from pipes to open up waterways, cleaning mud and debris off streets...water rose into streets and into some yards this week...crews Thursday morning cut a 40-foot swath in Sandy Mush Road to let water
drain on wetlands and nonproductive farmland.

Builders, schools can't reach deal...David Chircop
http://www.mercedsunstar.com/local/story/12026741p-12784550c.html
On Tuesday, four school districts and the 26-member Building Industry Association of Central California walked away from the negotiation table again without a deal. In recent months, every major housing project before the city and county have been met with calls from educators to impose building moratoriums. March 10 offer by builders to pay the Merced City School District $3.55 per square foot for new developments. State law requires at least $2.48
per square foot...district made a counteroffer of $4.39, which was turned down by the BIA. In the meantime, construction and land costs have climbed substantially, and the buying power of funds collected for new schools has diminished...district says it will face an $88 million shortfall needed to build new facilities in the next 10 years if fees aren't increased.

We can prevent floods in future...Our View
http://www.mercedsunstar.com/opinion/story/12026750p-12784512c.html
We have a sense that the finger-pointing has just begun. Merced Irrigation District officials and County Supervisor Deidre Kelsey say the disaster could have been avoided if the federal government and the Army Corps of Engineers had finished water control projects. It's clear that a flood like Tuesday's can be avoided if the right people get together and make important decisions. Next time, a flood could be more catastrophic and cause injuries and even deaths. Our leaders must find a way to make sure there isn't another "next time."

http://www.sacbee.com/content/opinion/story/14240239p-15060058c.html
Editorial: Banking on clear skies
Mortgage industry weakens key flood bill
Sacramento Bee -- April 7, 2006

Mortgage banking in California is a multibillion-dollar business. It has thrived with the state's real estate boom and the proliferation of homes built in the low-priced floodplains of the Central Valley.

This industry also is enormously exposed. If and when a major flood occurs, the banking industry will be saddled with waterlogged, worthless homes. As in New Orleans, foreclosures will be rampant. Someone will be left holding a very soggy bag.

You might think that mortgage banks would support - or at least want to discuss - a measure to require flood insurance on vulnerable properties. Instead, the industry is using the same deceptive tactics it employs to sell questionable products (such as zero down payment, interest-only loans) to kill a bill by Assemblyman Dave Jones of Sacramento.

Before Wednesday, Jones' AB 1898 made federal flood insurance a condition of obtaining a mortgage in areas with a one-in-200 chance of flooding in any given year. Jones' bill would have required mortgage lenders to enforce the provision, which made sense because lenders have as much to lose as homeowners.

Unfortunately, the banking industry seems more concerned about short-term profits than long-term survivability. Mortgage bankers worry that an insurance requirement would scare off prospective home buyers. They used some highly deceptive arguments to effectively gut AB 1898 ...
---------------

GOP lawmakers revive Auburn Dam debate; SAVING SACRAMENTO DURING FLOOD AT ISSUE
San Jose Mercury-News – 4/7/06
By Erica Werner, Associated Press
WASHINGTON - Key Republican lawmakers said Thursday that building a dam on the American River

at Auburn is the only way to protect Sacramento against catastrophic flooding that might occur once every 500 years.

But the head of the California Department of Water Resources cautioned against losing focus on flood-control projects now under way that are meant to give 200-year protection to the region.

Sacramento is now protected at only the 100-year level -- the lowest of any large urban area in the nation.

``Our focus right now in the state is that we need to be sure we get these improvements and not get distracted by the next debate over Auburn Dam,'' Department of Water Resources Director Lester Snow testified at a hearing of the House Resources Committee's subcommittee on energy and water.

``The debate in the past has actually delayed investment in flood improvements in the region,'' Snow said.

Before Snow spoke, committee chair Rep. Richard Pombo, R-Stockton, and subcommittee chair Rep. George Radanovich, R-Fresno, both spoke in favor of an Auburn Dam, underscoring growing congressional interest in reviving the controversial project years after it seemed to be abandoned for good ...
----------------

San Joaquin River Continues To Rise; Mossdale Mobile Home Park Evacuated
KCRA Channel 3 (Sacramento) – 4/7/06

SACRAMENTO, Calif. -- Heavy runoff from recent storms is expected to tax the San Joaquin River in the coming days, state water officials said Thursday.

The river near Vernalis west of Modesto will likely reach flood stage within about five days or so, said Gary Bardini of the state Department of Water Resources.

At the Mossdale Moblie Home Park, near Manteca, a residents are packing up their belongings and moving out as the river continues to rise. A mandatory evacuation is in effect for the area.

"We've got good weather and that's going to make people wait as long as possible ... sometimes you have to get your feet a little bit damp before it's time to move," Lathrop-Manteca Fire spokesman Jim Monty said.

Reservoirs that feed the San Joaquin are nearing capacity in many cases, making significant water releases necessary. ..

"Our goal is to try to maintain flows at a level that the flood control system should perform adequately," said Bardini, noting that officials are most concerned about the San Joaquin.

But officials are also expecting more wet weather. Another storm will hit the region late Friday, with rain lasting off and on over the weekend.

Longer-range forecasts show more rain in the coming week as well.

"The good news, of course, is that we are in a break right now," said Elizabeth Morse of the National Weather Service. "The bad news is that it ends tomorrow."

Morse said the coming storm will hit hardest in Central California south of Interstate 80.

Thunderstorms are possible, posing a problem for some areas that are already saturated.

"The problem with showers and thunderstorms is that you can drop quite a bit of precipitation in a short period of time," Morse said. "Half an inch of rain in 30 minutes is going to be a real problem in some of the areas where we already have standing water."

Snow levels from this cold storm in the Sierra will remain relatively low, so officials do not expect the problem of huge runoff caused by rain falling on snow.

"Overall, this is a much more gentle system," Morse added. "Unfortunately, it's coming right on the heels of a pretty potent system."

In Calaveras County, those evacuated from about 100 houses in the La Contenta subdivision earier in the week were allowed to return home on Thursday.

A small dam at La Contenta, located near Valley Springs, threatened to fail on Tuesday. Crews have reinforced the dam with sandbags and plastic sheeting.

Thanks to calm weather Wednesday night, the Tuolumne River crested below flood stage in Stanislaus County Thursday morning.

People in the area were particularly worried about the area where Cry Creek meets the Tuolumne. The water, which surpassed levels seen during huge January storms, rose to within feet of a few homes.

In the Sierra, resorts reported a heavy blanket of new snow. At Mammoth Mountain in Mono County, the resort reported 23 inches of fresh snow, resulting in total depths of up to 264 inches in some places. #

http://www.kcra.com/money/8511490/detail.html

| »

Muir in Stockton

Submitted: Mar 20, 2006

"When we contemplate the whole Globe as one great dewdrop," Muir wrote, "striped and dotted with islands and continents, flying through space with all the other stars, all singing and shining together as one, the whole Universe appears as an infinite storm of beauty" ...

"Muir said the fight we are fighting has no end," White said. "The real Muir was kind of dangerous." -- Stockton Record, March 19, 206
---------------

It has been fashionable in American intellectual circles to talk about the "end of history" since the conclusion of the Cold War. (Now, when was that, exactly?) An American empire would control the world through the genius of globalcorporate domination backed by US nuclear weapons, so why bother with history -- was how the argument went.

This propaganda, made to persuade public opinion that America, the super power, is lord and master of the Great Game of Empire, has resulted in a general trashing of the whole subject of history. Without it, conservatives have become as rootless and exploitive as the environmental gutting Pomboza (representatives RichPAC Pombo, Buffalo Slayer-Tracy and Dennis Cardoza, Shrimp Slayer-Merced).

Merced proudly calls itself "Gateway to Yosemite," an overcrowded, polluted and
river-polluting concession stand that fills up that great valley in the high Sierras. It is unimaginable today, except through paintings from the turn of the last century, to grasp what John Muir and President Teddy Roosevelt saw in Yosemite when they camped there, discussing the establishment of the national park system the Pomboza would like to sell off to miners and loggers, as if miners and loggers did not exist in the 1890s.

Muir himself may be unimaginable except to those who had relatives born in California before Muir died and heard the stories of Yosemite, Hetch Hetchy and Muir and grew up with the conservation ethic and a feeling for the high Sierras.

When, stepping ever so briefly out of the Era of the Pomboza, some remind themselves of the impact John Muir had on our elders, this region, this state, this nation and the world, they wonder what Muir might have thought of the present moment. Something harsh stirs in the wind.

Muir inspired and informed the greatest spirit and vision California ever had. It was tied to the beauty and grandeur of our environment; and it would be foolish to deny its impact on the great literary tradition forming here as he fought to preserve Yosemite and Hetch Hetchy -- Frank Norris, Mary Austin, Lincoln Steffens, Upton Sinclair, Ambrose Bierce, Joaquin Miller, Josiah Royce.

But, says the rear end of the Pomboza, we now have UC Merced and its fabulous Sierra Nevada Research Institute, represented in the following UC Bobcat Flak, so we don't need history.

http://www.ucmerced.edu/research/snri.asp

Sierra Nevada Research Institute

The SNRI is creating new knowledge on questions of national and international scope through the prism of the natural laboratory that is UC Merced's home – the San Joaquin Valley and the Sierra Nevada region. It is carrying out research on the critical issues that affect humankind's ability to live in an environmentally sustainable way such as:

population growth and development
water and watersheds
air quality
fire ecology
biodiversity
climate change
transportation
resource management and policy
public recreation
These issues are especially vital to sustaining the unparalleled agricultural resources and magnificent natural landscapes of the San Joaquin Valley and Sierra Nevada.

The Sierra Nevada Research Institute will draw in the natural sciences, engineering and policy sciences.

UC Merced, described by prominent critics as both a boondoggle and a pork barrel for Valley developers, has created an academic boondoggle and pork barrel with its SNRI. An anchor tenant of corruptly planned, purely destructive urban growth in one of the worst air quality basins in the nation, sitting at the feet of the Sierras and Yosemite, the SNRI is just another aspect of the big real estate deal behind the establishment of this campus.

Muir might have wondered: How can this public/private conglomerate university, inventor of the atomic bomb and designer of every subsequent advance in the technology of nuclear mass destruction including an on-going competition between its two national laboratories on the next generation of nuclear weapons, walk these trails in these mountains, and learn or teach
anything about the conservation of anything?

It's a matter of ethics, he might have said -- not the ethics of destroying environmental law, regulation and agencies for the benefit of developers, family and political contributors; not the ethics of scientific grant whoring for a ecological disaster your institution is creating by the day.

Neither the University of California nor the Pomboza are known for ethics. They are known for aggression against the environment.

Perhaps there is a connection between the wholesale corruption of the era and the disdain for history. History provides examples of heroes like Muir and bums like the Pomboza. History asks the most difficult questions, like: How did California evolve into a society of 36 million people distracted to the point of near political idiocy by the abundance of their neighbors and the limits of their natural resources? How did California politicians go from the pockets of the Railroad through a prolonged period of progressive, clean government to
the pockets of the developers? Why do developers have to pay so much to buy votes, bills and laws for their benefit?

Although scholars may meet at University of the Pacific in Stockton at the end of the month over Muir's papers, it is the challenge of the story of his life to the story of our lives that is the point of the meeting, as far as the public is concerned. What do you want, the vision of John Muir or the vision of the Pomboza? Muir's medicine stings like hell, the Pomboza's is as soothing as cool lard. Which one is good for you?

Sometimes, the story that revives is too close to see -- like a backyard weed instead of a prescription drug.

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

Conservation pioneer
Pacific event to examine the legacy of John Muir

PAULA SHEIL
Record Staff Writer
Published Sunday, Mar 19, 2006
http://recordnet.com/apps/pbcs.dll/article?AID=/20060319/ENT/603190302/1001/NEWS01

STOCKTON - The life of John Muir inspires poets, botanists, rock climbers and cloud watchers.

He died on Christmas Eve in 1914, but he's alive today in the hearts of millions of tourists and trekkers to scenic lands around the world.

He founded the Sierra Club in 1892 with the hope of influencing generations to preserve wild places from development. After a three-day camping trip with President Theodore Roosevelt in 1903, Muir secured the protection of Yosemite, one of the United States' grandest natural wonders, for posterity and helped establish our national parks system.

Muir scholars and those drawn to him will meet March 30-April 1 at University of the Pacific for a three-day conference titled "John Muir in Global Perspective." Its speakers include author Robert Righter, who will give the keynote address on Hetch Hetchy. The place prompted some of Muir's most eloquent prose and spurred the growth of the environmental movement when the sister valley to Yosemite was dammed and flooded to produce a water supply for San
Francisco in 1923.

Other conference speakers include Bonnie Gisel, author of "Kindred and Related Spirits" (University of Utah Press, 2001), who was interested in the relationships that influenced Muir's ideas.

Muir was a self-taught inventor and displayed some of his contraptions, including a bed that would toss the sleeper upright, at the Wisconsin State Fair in 1860. Jeanne Carr, the wife of a university professor, met him and from then on guided his career, Gisel said. Carr suggested books, encouraged his writing and thinking, and sent men such as Ralph Waldo Emerson to meet him after he had sequestered himself in Yosemite. She even had a hand in his marriage to Louie Wanda Strentzel, an educated woman who recognized Muir's worth to the world
and let him wander the globe while she raised their two daughters.

Gisel spends six months of her year in a tent and curates the La Conte Memorial Lodge, an environmental education center in Yosemite. She will be talking about Muir the botanist at the conference.

Muir's vision of Earth as an interdependent biosphere predated the dumbfounded gaze of astronauts who looked down at the planet from space.

"When we contemplate the whole Globe as one great dewdrop," Muir wrote, "striped and dotted with islands and continents, flying through space with all the other stars, all singing and shining together as one, the whole Universe appears as an infinite storm of beauty."

Today, however, the protective regulations that have been put in place are being eroded.

To fund a federal program that sends money to rural counties, the Bush administration is proposing to sell 200,000 acres of national forest across the United States, including up to 3,300 acres of the Stanislaus National Forest in Calaveras County. Environmentalists wonder if national parks are next.

"I think the selling of national forests is robbing future generations for a few bucks today that won't make a dent in the budget," said Bill Muir Hanna, Muir's great-grandson. "One of the most important points that John Muir observed very early on is (everything) ... is hitched to everything else in the universe."

However, the conference focuses on history, not activism, said Bill Swaggerty, the conference coordinator and director of the John Muir Center at Pacific. Its value is to expand Muir's message further afield and find out what other countries are doing as a result of his being and writing.

Pacific is home to the John Muir Center, and in the basement of the library, in the
Holt-Atherton Collections, are his thousands of letters and documents, 27 notebooks, 84 journals and sketchbooks, 300 drawings and related photographs, and papers of those who knew him and influenced his thinking. The bulk of Muir's work resides at Pacific because Muir Hanna, a Pacific alumnus, suggested the university for its commitment to undergraduate education and its small size, he said.

Other scholars include Graham White, a fellow Scotsman, who will talk about Muir's return trip to his homeland in 1893. Muir's seaside ancestral home in Dunbar, Scotland, is developed with subdivisions similar to those crawling across the Golden State's landscape.

"Muir said the fight we are fighting has no end," White said. "The real Muir was kind of dangerous."

Faced with the land-grabbing, the timber-hauling and the cattle-ranging, "a lesser man would say nothing could be done," White said. "Today, it takes the same courage to stand up and be counted. We have no equivalent organization in our country."

| »

Midnight government in Merced County

Submitted: Mar 17, 2006

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

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

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

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

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

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

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

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

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

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

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

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

Bill Hatch

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

Feb. 3, 2006:

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

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

BRUCE A. OWDOM - 077670
PETER G. FASHING - 195756
DIETRICH, GLASRUD, MALLEK & AUNE
An Association Including Law Corporations
5250 North Palm Avenue, Suite 402
Fresno, California 93704
(559) 435-5250
(559) 435-8776 [fax]

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

SUPERIOR COURT OF CALIFORNIA

COUNTY OF MERCED

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

Petitioners,

-vs-

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

Respondents.
__________________________________________

CASE NO.

PETITION FOR WRIT OF MANDATE PURSUANT TO CALIFORNIA PUBLIC RECORDS ACT

[Government Code Section 6258]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

See exhibit D attached hereto and incorporated herein by reference.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

| »


To manage site Login