Public Health and Safety

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

Submitted: Feb 21, 2006

From:

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

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

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

To:

Merced County Board of Supervisors

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

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

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

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

Sent via email

Date: Feb. 21, 2006

Dear Sirs and Mesdames:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

cc:

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

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

Badlandsjournal.com

Interested parties

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A river of milk runs through it

Submitted: Feb 16, 2006

Elections and debate on a new five-year Farm Bill are upon us. The Bee reported last week that members of the House Agriculture Committee will be visiting Stockton in the first week of March to hold hearings on the Bush administration's proposals.

These proposals include taxing dairymen 3 cents per hundredweight, cutting cotton and rice subsidies and a $200-million annual subsidy to promote American agricultural exports. Recent recipients include Blue Diamond Growers, the California Table Grape Commission and Sunkist Growers, the Bee reported. (1)

It's a shakedown. To make it more obvious, Bush is proposing sizable cuts in farm supports in this year's budget.

Mike Marsh, CEO of United Western Dairymen told the Bee that 3 cents per hundredweight worked out to about "$5,700" per year to an 800-cow dairy. A fraction -- probably a significant fraction but less than the tax -- will be required in the form of campaign contributions to buy off the tax.

Presumably, cotton, rice and the fruit and nut corporations are busily calculating the campaign-contribution costs, too. Meanwhile, learned consultants are coming up with new words for subsidies and new ways of hiding them from the public on the assumption that agricultural economics as we know it will continue and agriculture will come up with the political vig.

The choice of Stockton for the Central California hearing is interesting because Rep. RichPAC Pombo, Buffalo Slayer-Tracy has a challenger in the Republican primary, former Rep. Pete McCloskey, R-Woodside.

Pombo is known primarily as chairman of the House Resources Committee and as the face of the ESA-gutting team. The rear end of the team is Rep. Dennis Cardoza, Shrimp Slayer-Merced, a "Democrat" so popular with the Republican developers, landowners and real estate speculators in his district he appears to be running unopposed for his next term.

However, although Pombo and his “bipartisan” sidekick, Cardoza are primarily known for their hard right, pro-growth, anti-environmental positions, they are both members of the Agriculture Committee. He sits on the Livestock and Horticulture, and the Department Operations, Oversight, Dairy, Nutrition and Forestry subcommittees.

In local farming circles, the Pombo/Cardoza operation is known as The Pomboza.

The Bee commented:

Realistically, Capitol Hill is not fertile soil for many of the farm proposals planted by the Bush administration's fiscal 2007 budget, which starts Oct. 1. Some, such as a proposed 5 percent cut in crop subsidies and a $250,000 limit on subsidies paid to individuals, withered quickly in past years. (1)

In other words, it's an old, rotten story we no longer have to think much about because farmland is disappearing, replaced by subdivisions like those on Pombo Real Estate Farms in Tracy.

Coverage of the farm budget is more vivid in Great Falls, MT, not experiencing a speculative housing bubble at the moment, and is probably more representative of how the Central Valley’s remaining farmers sense the situation:

Ag feels pinch in Administration's proposed budget

By DALE HILDEBRANT, For The Prairie Star
Wednesday, February 15, 2006

There were few cheers on Capitol Hill, as President Bush delivered his proposed budget for the next fiscal year.

The budget slashes many domestic programs, including agriculture, while projecting a record $423 billion deficit. The overall suggested spending bill will cost $2.77 trillion and would give the Pentagon a 6.9 percent increase and a 14 percent boost to foreign aid.

There weren't any budget increases in the ag portion of the spending bill, only cuts and a proposed tax on sugarbeet producers and dairy farmers. The Administration plan would cut crop subsidies by five percent while increasing certain agricultural fees, including a 1.2 percent tax on sugarbeet growers, which is identical to a proposal made last year by the White House, but scrapped later by Congress.

Minnesota Congressman Collin Peterson, the ranking Democrat on the House Ag Committee, in addressing the budget ag proposals said, “The President's budget proposed today is full of gimmicks and runs low on common sense.

“For agriculture, at best, this budget is a rehash of the President's strategy of sacrificing farm support for a sell at any cost international trade policy. At worst, this budget shows no commitment on the part of the President to the needs of our nation's farmers,” he continued. “America 's farmers and ranchers cannot afford the uncertainty that these proposals would create, and Congress should quickly reject them ...” (2)

The choice of Stockton as the site for this congressional hearing also has historical resonance with McCloskey in the race.

Dairy industry critic, Robert Cohen, wrote:

While writing MILK: The Deadly Poison, I discovered transcripts of Nixon's actual meeting with dairymen on March 23, 1971.

Knowing the tapes were running, and having been presented with $3 million dollars in cash, Nixon was recorded saying: "Uh, I know...that, uh, you are a group that are politically very conscious...And you're willing to do something about it. And, I must say a lot of businessmen and others...don't do anything about it. And you do, and I appreciate that. And I don't have to spell it out."

After the dairymen had left, advisor John Connally was alone with Nixon, and said:
"They are tough political operatives. This is a cold political deal." …

What did this $3 million dollar "investment"do for the dairy industry? In 1971, 120 billion pounds of milk were produced. An additional 27 cents per hundred pounds of milk translated to $3.24 billion extra dollars for the dairy industry.

On March 23, 1971, Secretary of the Treasury, John Connally summarized the day's events to Nixon: "These dairymen are organized; they're adamant, they're militant...And they, they're massing an enormous amount of money that they're going to put into political activities, very frankly." (3)

In March 1971, Rep. Pete McCloskey, R-CA, had just returned from Vietnam. Recently, he recalled that month:

While in Vietnam and Laos during March 1971, I had taken sworn affidavits from a number of pilots who stated they had been bombing targets in Laos and Cambodia, many with the coordinates of specific rural villages, some being in Laos' famous Plain of Jars, a considerable distance from the Ho Chi Minh Trail, which had once been a legitimate bombing target.

Upon returning home, I testified before two Senate committees. I was interviewed on various television shows, including that of William Buckley. I related the stories of the bombings of which I had been told, both by Air Force pilots and by Laotian refugees from the Plain of Jars. My statements were immediately denied by various high-ranking administration spokesmen, who stated unequivocally that the United States was not bombing in Laos. The controversy received national coverage ...

A few days later, it was announced that we were indeed bombing in Laos, but that for security reasons, this knowledge had been withheld from the civilian secretaries of the Air Force, Navy and Army. At the direct order from the White House to the Joint Chiefs of Staff, false coordinates were reported to the secretaries for the daily and nightly bombing runs over Laos and Cambodia. The justification, then as now, was that national security required that the bombing raids not be disclosed to the American people. (4)

McCloskey ran against Nixon in the New Hampshire Republican primary in 1972. No doubt, the Nixon campaign in New Hampshire was funded partly by dairy money. McCloskey went on to serve another decade in Congress. Among his accomplishments was co-authoring the Endangered Species Act. He said at a Stockton meeting late last year that he had tried to testify on the ESA three times before Pombo’s resources committee and each time Pombo had refused him a hearing.

The Bushites might be holding this hearing in Stockton to shore up Pombo's support in his district against a dangerous opponent, not only of Pombo, but also of this administration. Rove could not possibly want McCloskey, who campaigned for Kerry in 2004, (5) in Congress next year. McCloskey would become an instant leader of moderate, ethically minded Republicans against the war-mad, rightwing House leadership and White House.

The Bush administrative version of political support is more money from fewer, bigger contributors. The aim could be to redeem the hearts and minds of the 11th CD by mixing agriculture and developer cash in with Abramoff contributions. Why not? Rove gave agribusiness what some say was the most lavish farm bill on record in 2002. (6)

Now the White House is playing rough: it's a guns v. butter moment.

What will Pombo say at the hearing on the esoteric topic of the next farm bill? Will he earn their money from gratitude by going against his president and his rightwing ideology? Or will he earn their money from fear by supporting the dairy tax and the subsidy cuts? Or will he, most characteristically, say one thing in public and do another thing in private? How will Pombo of Tracy's Pombo Real Estate Farms relate to Pombo, member of the House agriculture committee? Will he turn the hearing into an anti-ESA, pro-private property rights rally? Will he wear his cowboy hat?

Who cares? Whatever he does, he will remain within character as a buffoon of the emerging autocracy.

One can imagine a Pombo fundraiser in early March, co-hosted by Western United Dairymen and the region's most prominent developers, Grupe, Spanos and Tsakapoulos -- because today's young mega-dairyman may have to sell his real estate tomorrow if the subsidies aren't adequate.

In Pombo's politics, San Joaquin Valley agriculture, the greatest laboratory in the world for the study of what is wrong with the industrial, corporate agricultural model, has reached a higher stage of absurd destruction: Pombo’s politics are like the Holstein heifers born every day without working reproductive organs because their mothers are "spiked" with growth hormones; like the billions of almond blossoms waiting for bees that do not come; like developer-sponsored childhood asthma; like commuter-clogged highways to disappearing Silicon Valley jobs; like Pombo Real Estate Farms; like the dead San Joaquin River; and like the extinction of wildlife on land and fish in the Delta. This absurd destruction must be as attractive and familiar to Bush and Rove as McCloskey's honesty must be hateful to them.

However, rather than any clear political agenda in the latest proposed farm bill, we might just be observing the blind workings of the free market in that business enterprise called the American political system. Despite the recent overwhelming speculative bubble in housing in the Valley, agriculture is still the region’s enduring economy. It’s a terrible system at the moment. It is easy to agree with almost all its critics. The only caution is that if you too suddenly remove the system of subsidies upon which much of the Valley agricultural economy rests, and pave it over and turn it into a horribly polluted labor camp for the convenience of rich, coastal counties, it will have had no more chance of evolving than the San Joaquin Kit Fox.

Perhaps in the course of his campaign, McCloskey can teach the Pomboza the meaning of the word, “oversight.”
------------------

(1) www.modbee.com/business/story/11795200p-12512621c.html

(2) http://www.theprairiestar.com/articles/2006/02/15/ag_news/local_and_regional_news/local12.txt

(3) www.notmilk.com/trickydick.html

(4) http://www.commondreams.org/views04/0405-05.htm

(5) inprogress.typepad.com/republicanswitchers/ files/ifyoureatruerepublicanvote4kerrymccloskey.pdf

(6) www.pacificresearch.org/ press/kqed/2002/kqed_02-06-04.html

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California house products sold like last year's cars

Submitted: Feb 08, 2006

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

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

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

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

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

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

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

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

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

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

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

The Sacramento Bee

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Canada buys a brace of local legislators

Submitted: Feb 08, 2006

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

Booze, finger-food and campaign contributions were served.

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

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

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Publicly subsidized Merced Grifters to give another "One Whine" concert at state Capitol

Submitted: Feb 08, 2006

“ With a paid lobbyist by their side, the group of two dozen people calling themselves the "One Voice Delegation" will meet with directors, cabinet heads and politicians in the capital today and Wednesday.” Chris Collins Merced SunStar Tues Feb-07-2006

Regular Meeting
TUESDAY, OCTOBER 18, 2005

Regular Meeting – 10:00 a.m.

48. Supervisor Kelsey - Approve the One Voice Program Membership Contribution of $16,982 for FY 2005/2006 and approve the necessary budget transfer. APPROVED AS RECOMMENDED AYES: ALL

Editor,

The One Voice Delegation walks like a political action committee and talks like a political action committee, it collects political contributions from its members and expends those monies on political special interests like a political action committee, except the One Voice Delegation hasn’t registered with the state of California as a political action committee.

According to the minutes of the October 18th 2005 Board of Supervisors meeting (Item #48), the supervisors unanimously voted to transfer $16,982 from the general fund to the One Voice Delegation for expenses in the 2005/6 fiscal years. This lobbying is therefor being subsidized, directly by county residents through taxes!

That money should be clearly recorded and identifiable as to where that funding comes from and how and where it is being spent. An accounting of how those funds eventually return any appreciable benefit to the unwitting taxpayer should be traceable at the end of the process. Without an accurate audit trail these benefits will not be possible to determine.

This audit trail will not even exist if MCAG is allowed to continue expending county general fund revenues without formally declaring its political motivations and complying with the laws regulating those activities.

It would be appropriate and prudent for this group to document all of its donors and expenditures insofar as the lobbying activities outlined in the Sun Star article represent the “consensus” of a very small and select special interest group from among the diverse population of Merced County. Though brash in the scope of its ambition, the One Voice Delegation cannot possibly believe that it represents the consensus of Merced County as a whole.

The rules under which a political action committee must operate are necessarily more stringent than the requirements imposed by the leadership of the Merced County Association of Governments. There are good and logical reasons for this kind of official supervision not the least of which is to avoid even the appearance of any conflict of interest.

While I strongly defend any political groups right to lobby for a cause, I take great exception to them doing so with my tax dollars if I happen to disagree with either their philosophy or their stated agenda. I happen to disagree that this groups stated philosophy would be achieved by their stated agenda.

I see a request for money to build a bypass for Los Banos, and to widen Hwy 99 and to build the UC campus yellow brick road, and I wonder how do any of these projects or funding alleviate poverty, unemployment or traffic congestion, for the people who actually live in Merced County?

I see an effort to regain access to gasoline taxes for road maintenance at the county level, yet I see a county administration dedicated to urban sprawl. Why should the state build or upkeep roads in Merced so that more people can commute from the Valley to jobs in the Bay Area? For that matter, why does Merced county think building better freeways through the county will alleviate the surface traffic congestion throughout the county?

I am not saying that lobbying the state for funding is wrong, although it does clearly highlight how ‘welfare dependant’ the administration of this county actually is, I rather intend to point out that the One Voice Delegation’s is acting as a political action committee and must submit to the same standard and regulations as any other similar organization.

Ms. Steelman, one of the MCAG facilitators interviewed for the SunStar article is indeed charming and adroit at her job! Having participated directly in the MCAG’s previous program ‘Partners in Planning’ I am painfully aware of the process through which the facilitators are able to steer a disparate group of ‘pre-identified’ stakeholders, to a predetermined consensus. The whole process is chilling in its efficiency, imbued with an indomitable sense of self-preservation and when all is said and done demonstrates as little concern with the input of the stakeholder as an Australian shepherd has with the concerns of a lone sheep.

Bryant Owens- Plainsburg (209) 769-0832

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Mysterious sewer line leaps out of Livingston

Submitted: Feb 07, 2006

From:

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

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

Bryant Owens
Planada Association and Planada Community Development Corporation
2683 South Plainsburg Road
Merced CA 95340-9550
(209) 769-0832

To:

Robert Lewis
Director of Planning and Economic Development
Merced County
2222 M Street
Merced CA 95340

Jon LeVan
Local Agency Formation Commission
Merced County
2222 M Street 2nd Floor
Merced CA 95340

Board of Supervisors
Merced County
2222 M Street 3rd Floor
Merced CA 95340

Brandon Friesen
Mayor
1416 C St.
Livingston, CA 95334

Monday, February 06, 2006

Ladies and Gentlemen:

It has come to our attention that the City of Livingston has authorized a private developer to install a 42 -inch sewer main connecting a 300 acre parcel along Magnolia Avenue near Westside Blvd, in a portion of unincorporated Merced County adjacent to but outside the SUDP of the City of Livingston.

This is clearly a ‘project’ under CEQA, and must be halted immediately and the City of Livingston must be enjoined and required to follow all the appropriate protocols for environmental review of a project of this nature. In addition we request and require the County of Merced Planning and Economic Development Department to assert its land use jurisdiction in this matter.

It is our understanding that the installation of these municipal services is a prelude to annexation of this 300-acre parcel into the City of Livingston. As such the entire project is premature and represents a clear violation of LAFCo of Merced County’s jurisdiction and statutory authority with regard to out of boundary service extensions in Merced County.

The City of Livingston’s mistaken authorization of this project has allowed grading and deep ripping on agricultural land in violation of the County of Merced’s Williamson Act Zoning.

The particular parcel must be removed from the Agricultural Preserve according to a prescribed process adopted by the County Board of Supervisors in 2000. This has not been done.

The City of Livingston has acted irresponsibly and precipitously in authorizing non agricultural land uses on land not properly under its legal jurisdiction: Livingston may not act as lead agency with regard to any aspect of this ‘project’ without providing the appropriate Notice of Exemption to the Governor’s Office of Planning and Research, The EPA at the federal level, the County and the Local Agency Formation Commission. No evidence exists that any such notice of exemption has been filed with any of the aforementioned agencies. If such notice has been approved at any level of the City of Livingston City Council level, these commentators challenge the validity of such notice and ask that it be invalidated.

Proceeding in the aforementioned manner places the City Council of Livingston in violation of California Government Code 65402 requiring mandatory referral of such a proposal to the county LAFCo, and the county Department of Planning and Economic Development. This has not been done. If this project is to proceed correctly, given the total acreage involved, such project would definitely qualify as a ‘major expansion’ of an SUDP. Such a designation automatically triggers the need for CEQA review and an EIR is mandatory. The City of Livingston has previously attempted to annex agricultural land by designating it as blighted. This tactic was rebuked by the County of Merced and eventually rescinded by the City of Livingston.

There is no evidence of any negotiations between the County of Merced and the City of Livingston regarding tax and revenue sharing agreement, and consequently there have been no noticed public meetings to discuss those agreements, in violation of state law, local ordinance, and Merced county’s current General Plan. The county of Merced is currently in the preliminary stages of updating its General Plan. The City of Livingston has not yet filed even a notice of preparation for expanding its SUDP. The proposed project is therefore premature in that the context for approving such a major expansion does not yet exist for either jurisdiction. There is no notice of preparation on file with the county or the state reflecting any such intention on the part of the City of Livingston. We therefore request that this project be stopped until such time as the appropriate land use authority can be determined and that jurisdiction be asserted.

The commentators’ request, under the California Public Records Act, to inspect any indemnification agreements entered into by this developer, Mr. Hostetler and Co., and/ or any of his associates, specifically Mike Gallo and Co., ‘holding harmless’ the City of Livingston for any legal challenge to the environmental review of the proponent’s (s’) project. We also request to inspect any documents showing any other agreements between the two named parties and the City of Livingston. We also request to inspect any documents pertaining to any agreements between local business or industry (specifically Foster Farms) with regard to connection to the proposed waste water conduit into the city of Livingston.

To the best of our knowledge, a Ms. Donna McKinney, possibly a consultant with the firm PMC, is acting as the director of Planning for the City of Livingston. Who is paying her salary? To whom does she report?

Another matter of concern is the fact that authorizing this sort of activity outside of an existing SUDP is a violation of the Subdivision Map Act. According to the documentation that has been inspected to date it appears as though the developer has requested pre-zoning for parcels within this 300-acre site, to which the 42-inch sewer main is to connect. This seems to be several steps premature for an annexation request. When will the public have an opportunity to comment on any identified significant environmental effects?

We have grave concerns over the lack of information concerning who will be allowed to access this new infrastructure. Can the City of Livingston WWTF actually serve the anticipated urban expansion? What funding source exists for other necessary municipal services? How does this proposed project coordinate with regional water and wastewater needs? If a municipality in Merced county becomes incapable of serving the WWTF needs of its customers and fails, does the responsibility for those services revert to the county? Can the county afford to assume that sort of infrastructure liability?

Have there been any Can/Will Server letters of agreement between the Livingston WWTF and this developer? Is a Will Serve letter valid in the demonstrable absence of capacity?

Given that this developer has a plethora of residential development projects in Merced County and elsewhere, and considering the abject indiscretion of the City of Livingston in lending its ‘approval’ to this developer (especially since the approval lacked jurisdiction or authority) ,we request that all development projects by this developer throughout Merced County and especially anywhere proximate to the City of Livingston or the surrounding unincorporated communities be red-tagged (administratively halted) until such time as the environmental review of each of those current projects can be reviewed for accuracy and compliance with the appropriate laws, codes mitigation measures and appropriate checklists, and until the public is assured that each project is under the inspection and review of the appropriate agency.

This hubris on the part of the developer coupled with the abject irresponsibility of those agents of the City of Livingston demands commensurate sanctions by the appropriate governing bodies and/or state agencies. We request that those authorized to do so pursue such sanction to the fullest extent of the law.

We appreciate your consideration of this information and request to be notified in writing prior to deliberations and/or actions pertaining to this information by each of the notified agencies. Regarding inspection of the documents requested above, we reserve the right to inspect any documents identified subsequent to the above request, prior to any copies being made. We will give specific instructions as to which documents we need copies of when they have been identified and are available for inspection. It is our understanding that each agency notified in this document is responsible to respond to our request, within the statutory time frame with any identifiable documents described herein.

Sincerely,

Lydia M. Miller, President Steve Burke
San Joaquin Raptor/Wildlife Rescue Center Protect Our Water

Bryant Owens- ChairmanPlanada Community Development Corporation

Cc: Interested Parties

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Wobbly three-legged stool

Submitted: Jan 20, 2006

The three-legged stool

Viewed from an ecological perspective, rooted in the environment of the San Joaquin Valley of California, politically affairs this week seem to be perched on a very wobbly three-legged stool.

The short, skinny leg

When (funded) “value-free facilitators” begin showing up in your community, it is probably time to count the silverware or, from an ecological perspective, inventory the environmental quality of your neighborhood. We have an area called “South” Merced, where, traditionally, minority groups have lived south of the tracks and the highway. Through the years, the city has done a pretty decent job of hustling federal funds to repair and restore old single-family houses and build some multi-family apartment complexes. The county housing authority is located there. However, the area has almost no business, at least business useful to the residents, like a decent shopping center with a supermarket. In recent months, the city has proposed the development of a specific urban development plan for the neighborhood, appointed a citizen’s advisory commission and has engaging consultants to draw up a land-use plan.

What the area needs is development that pays its way for the schools it overcrowds, a decent shopping center with a supermarket, and more employment. A dark thought is that it will the area in which the city will fulfill its low-income housing quotient required to keep its general plan correct. Several new low-income complexes have already been built and more are already in the planning pipeline.

“We’re just glad to be here to facilitate this process,” said the value-free facilitator with a Crash Davis (“Bull Durham”) grasp of cliché, before a group of about 40 at a meeting two weeks ago. A number in the audience were government officials, including three city council members (including the mayor) and two supervisors. A city planner led a significant portion of the meeting.

An elderly resident complained about the governing vocabulary. “My tax bill doesn’t tell me I live in North or South Merced,” she said. “It says Merced. All we want is to have the same facilities throughout Merced.” She described 24 empty streetlights on her street. Later, an officious city councilman told the group those streetlights were in the county, not the city, so the city wasn’t responsible.

“There is something ignorant about this whole thing,” the resident commented. “Let’s use our intelligence and forget this North/South Merced.”

The value-free facilitator and the city planner went right on calling it South Merced, referring to my neighborhood as “Middle Merced.” North Merced is where the growth, induced by the arrival of UC Merced, is rapidly doubling the size of the city.

One of the neighborhood’s present dilemmas is what to do with Carl Pollard, an African-American resident of the neighborhood who, after losing six campaigns for the city council, was recently appointed to it. Less than a month after the appointment, he was charged with driving a car without insurance, with an open container of alcohol and some amount of marijuana in it. He has been fired from his realtor job. If convicted, presumably he would lose his council seat. Pollard led an invocation at the beginning of the meeting.

There are better people than Pollard, a political accident that has happened, trying to work for a decent level of services (at least one supermarket south of the tracks, for example), as development that does not pay its way rages to the north and more “low-income” housing development – horribly impacting schools in the south – is planned for the neighborhood. Perhaps, if they organize themselves, beginning by believing almost nothing of what city and county officials tell them, they will have a prayer the Rev. Pollard shall not lead.

“Value-free community organizing” facilitated from the top down by University of California personnel is illusory. What has worked in a modest way in the neighborhood has been volunteer crime watches that have existed for years. What will make things more miserable is crowding in more low-income residents to satisfy regional low-income housing mandates into an area with a chronically low level of services and usable commercial enterprises.

The fat, middle leg

A year ago, the Sacramento Bee did a series of articles exposing a classic situation of corporate power in diary processing. Hilmar Cheese had been polluting surface and groundwater near its site for years. The San Joaquin Regional Water Quality Control Board had been effectively bought off by the corporation. Publicly embarrassed, the board levied a $4-million fine against Hilmar.

After the state Water Resources Board in November refused Hilmar Cheese’s proposal to pay a fraction of the fine the regional water quality board had levied against it for polluting its area with huge quantities of wastewater, the federal EPA approved a test deep-injection well this week. Presumably, if the engineers on this project are more skillful than on the plant’s last techno-fix, the test will be successful, paving the way for injection of Hilmar Cheese’s 2-to-3 million gallons a day of waste water more than 3,000 feet below the Valley surface.

Meanwhile Hilmar’s corporate lawyers and water board lawyers continue to negotiate a settlement of the fine. The board should hear a new proposal by March, Catherine George, water board attorney, said today.

Vance Kennedy, a retired hydrologist from Modesto, told me yesterday it was as “done deal:” EPA has the power to override the state water board’s decision, on the grounds that deep injection is out of the state board’s jurisdiction over surface and ground water.” George confirmed Kennedy’s report.

“Ground water” refers to the aquifers several hundred feet down from which well water is drawn for domestic and agricultural use.

Kennedy said the EPA is using the analogy of water injection into oil and gas wells to force the products to the surface from beneath impenetrable layers. Hilmar, he said, is supposed to have a 100-foot thick layer of shale deep down, presumably impermeable.

He repeated the point he made in several hearings on the project: that water is incompressible and will move laterally, for miles, until it begins to push salty water up into groundwater aquifers lying above “impenetrable” layers.

“The sad thing is that salty water elsewhere may not show up for years or decades,” he said. He added it might not ever be possible to trace salt-water intrusion into wells back to the lateral pressure caused by Hilmar’s deep injection system.

Worse, Kennedy said, it’s a precedent for the San Joaquin Valley. Every wastewater facility from Redding to Bakersfield will be looking at this technology. EPA approved a number of wastewater deep-injection wells in Florida, providing another decade of rapid growth. The Sierra Club sued in February 2005, citing massive ecological damage. Kennedy said he’d been told Miami effluent has been traced as far away as Bermuda.

This middle leg is overweening corporate power to dominate surrounding communities and destroy their environments. Merced, the second largest dairy county in the nation, is afflicted with Big Dairy, an extremely powerful lobby from county to country devoted to the propositions: Bigger and More. The best comment I’ve heard on the economic philosophy of Big Dairy was from a small dairyman who said: when someday milk is so over-produced it isn’t worth a penny, some dairyman will say it’s a good day to buy cows.

The Hilmar Cheese deal reveals a tendency in our economy toward outright corporate ownership of government. In the lexicon of American politics exists the phrase, which covers the situation so well a book about the political career of a former Merced congressman, Tony Coelho, is titled, “Honest Graft.”

This sort of corruption tends to spiral out of control, as in the present case of the Abramoff affair. Some economists argue that eventually, the power of special interests devours the nation’s substance for the gains of very few, if gigantic firms. In the case of US transnational corporations, the approach has been to cause deep structural unemployment of domestic industrial workers and devour other nations’ substance at very low wages. The process is well advanced in the US, particularly in California, where the state budget is beginning to resemble the budget of Third World nations like Argentina and Chile, raped by utility and development corporations and thrown into the tender claws of Wall Street for the foreseeable future.

The impact of the EPA decision may go far beyond Hilmar.

The housing development industry is a radical example of the domination of sheer financial interest over the construction of subdivisions containing rows of three or four “housing products.” Everything about the structure of this “industry,” from the elaborate system of subcontracting to the pittance the state requires it pay for the schools it overcrowds, is designed to protect the developer investor from any public liability. In employs mobs of illegal aliens, heretofore always called “unskilled farmworkers,” to do highly skilled construction work for well below union wages. It has bought wholesale political and legal attacks on state and federal environmental law. It is pricing out farmers on agricultural land while making large rural landowners who sell for development rich. Development in states like California and Florida has made a mockery of any concept of urban planning.

If the deep-injection fix takes off in the Central Valley, residents and farmers will be the losers but the corporations will be the winners in the near term, which is their only time frame. Meanwhile, laws that haven’t already been written will be written to limit or exempt them from liability. But, one might object, wastewater facilities likely to jump on this fix are public entities. They are public entities driven every step of the way into surface and groundwater pollution by private development corporations. The system to protect the genuinely public interest is broken, corrupted, for sale, less and less often these days with even a pretence of being other than for sale. Growing numbers of rightwing politicians aggressively promote the ideology that public policy ought to be for sale to the highest bidder. Up and down the ranks of the Republican Party, this is considered to be “the hard, right decision.”

The local glaring, daily example is the loss of rights of existing residents of a region to the same quality of life they had before a UC campus was located in their county and development took off, running roughshod over law, regulation and resources. Against the local land-use authorities’ power to reject projects under the California Environmental Quality Act is the constant drum of developer propaganda: “Growth is inevitable.” You hear it on street corners out of the mouths of people who were once citizens but now passively accept the role of being mere subjects of alien, hostile government. It makes you wonder what else could have been done with all the money it took to convince Californians of this suicidal proposition that has, in 30 years, distorted this state out of all self-recognition, that has replaced, for private gain, a state composed of cities, towns, communities with abundant natural resources and rural economies of hope, with a slurbocracy of mere subjects.

Hilmar Cheese, “largest cheese plant in the world,” is using demonstrably bad Florida technology because its industry largely owns its regulators. Not that the EPA needed much encouragement to worsen the environment of the San Joaquin Valley. Its present administrator started his scientific career at Litton Bionetics, one of the nation’s leading developers of chemical and biological weapons: he is the perfect Bush fox for the EPA henhouse.

But, in our terribly contemporary political culture here in the 18th Congressional District, in Rep. Dennis Cardoza, Shrimp Slayer-Merced, we have the epitome of the emerging one-party state, under the relentless pressure of special interest corruption. Cardoza is referred to locally simply as the south end of O Pomboza, the northern end being Rep. RichPAC Pombo, Buffalo Slayer-Tracy. Pombo is an exemplary modern American fascist, complete with his corruption problems linked to Abramoff, who he denies knowing, and his strong penchant for breaking laws he can’t change, like the Endangered Species Act.

The EPA decision leaves people to believe – and they are definitely meant to believe – they are powerless to stop this level of pollution, corporate irresponsibility and corruption, because the corporations, the Pomboza and the regulating agencies don’t give a damn about the people and believe they exist to do the bidding of the least responsible whim of the corporations who effectively own their own regulating agencies. Some political theorists call this form of government corporatist and describe it as a precursor to fascism. We will content ourselves with the homey old American expression, “honest graft,” well established in government during the McKinley administration, apparently the guide to all domestic politics in the W. administration.

There are residual American political tactics against such corruption. People concerned about this well and its implications for the future of groundwater in the Central Valley ought to consider starting a national boycott against Hilmar Cheese products. A boycott has the old-fashioned charm of asserting the dignity of human communities in the face of inhuman corporate power. People might find it a refreshing diversion from being oppressed and depressed by decisions affecting their lives over which they have no control.

The long, weird leg

A preface is required to begin to describe the last leg of the current stool. I’ve chosen a passage from Douglas Dowd’s book on Thorstein Veblen, an American economist who wrote this during the McKinley administration, at the turn of the 20th century:

“Business interests urge an aggressive national policy and businessmen direct it. Such a policy is warlike as well as patriotic. The direct cultural value of a warlike business policy is unequivocal. It makes for a conservative animus on the part of the populace. During war time, and within the military organization at all times, under martial law, civil rights are in abeyance; and the more warfare and armament the more abeyance … a military organization is a servile organization. Insubordination is the deadly sin. (The Theory of Business Enterprise, Thorstein Veblen, 1904, p. 391)

What is true of those directly involved in the military applies also to the civilian population in significant degree:

“They learn to think in warlike terms of rank, authority, and subordination, and so grow progressively more patient of encroachments upon their civil rights … At the same stroke they (patriotic ideals) direct the popular interest to other, nobler institutionally less hazardous matters than the unequal distribution of wealth or of creature comfort. (Ibid. p. 393)

But for those who might see this as a triumph of business enterprise over the threat of social change led by workers, it is turned by Veblen into a hollow triumph. For, if the discipline and values of the warlike and patriotic society may “correct” the institutionally disintegrative trend of the machine process, it is just as probable that, for the same reasons there would be “a rehabilitation of the ancient patriotic animosity and dynastic loyalty, to the relative neglect of business interests. This may easily be carried so far as to sacrifice the profits of the businessman to the exigencies of the higher politics (Ibid. 395).

Thus, Veblen sees the system of business enterprise caught in a terrible historical dilemma: If, to offset the institutional and threatening imperative of industrialism, it encourages, or acquiesces in, developments that will cause social unrest to “sink in the broad sands of patriotism,” it is faced with the equal probability that what is quicksand for one will sooner or later pull down the other.

The last paragraph of the Theory might be Veblen’s epitaph for the system of business enterprise:

“It seems possible to say this much, that the full domination of business enterprise is necessarily a transitory dominion. It stands to lose in the end whether the one or the other of the two divergent cultural tendencies wins, because it is incompatible with the ascendancy of either. (Ibid. p. 400)

(Thus, in the late 1930s, German industrialists who had supported Nazism as a “corrective discipline” for the political and economic troubles of the early 1930’s found themselves increasingly harassed by regulation, taxation, and general interference in their affairs by Nazi Party and Wehrmacht functionaries.) – Thorstein Veblen, by Douglas Dowd, 1964, pp. 52-53.

In our suddenly radical contemporary experience in Merced, we now host UC, a university whose two national laboratories of mass destruction are now competing for the design award for new nuclear weapons. Therefore, we must ask, for what end, the Cold War having ended some years ago? Our current, neo-McKinley imperial administration cum dynastic, monarchal pretensions, aims at nothing less than world domination. Like the Nazis, the neocons didn’t come to power just to regulate, tax and interfere with business. They came with a plan for world domination. Read all about it at the Project for the New American Century (http://www.newamericancentury.org).

The details of the vision really don’t matter nearly as much as the absurd fact of the vision itself “for the spread of American ideals.” For the neocons, the vision is the only fact that matters. One observes the tendency daily in the president. In fact, as opposed to vision, America cannot even fight successfully in two war theaters, let alone the many anticipated by the PNAC. And their he-man, Ariel Sharon, is in a coma.

On the other hand, they have our UC to build new nuclear weapons.

The fat leg should be called by its name: totalitarian ambition. It has not happened yet. The Alito confirmation hearing was held up for a week. Investigations of scandals mount. The drums for impeachment tap, if inaudibly to the ears of American subjects. However, “yet” is a highly ambiguous term in such a moment, because, although we are aware of the velocity of change, we aren’t able to measure it accurately, in large part for lack of honest media. The totalitarian ambition has been an old dream of American industrialists and financiers, evident to Veblen in 1904, far more overt before the two world wars, and the Bush family has been heavily involved in it since before WWI.

The only question of any importance today is whether the American people have the intelligence to see it and the energy left, in this rapidly decaying economy, to resist it, particularly without an effective opposition political party. Appeals to the ideals of the US Constitution and Bill of Rights fall on largely deaf ears. The fundamental right for which American subjects of the British crown fought was the right of political participation. After a century of fraudulent commercial advertising and government propaganda, is there enough citizenship left in the subject population to resist the neocon plan to make the Mideast safe for Israel, US oil companies, conduct an eternal Indian War against Arabs, and subject the US population to enough terror so that it doesn’t notice the absurdity of the neocon vision and the destruction of both the domestic economy and its environment.

The question is important, however, as a preliminary to the larger, more dangerous problem of how we confront global warming and lesser forms of environmental destruction. We haven’t a prayer of avoiding the global tipping point without strong state regulation of corporate environmental destruction. It also leads one to wonder just how many UC-built nuclear bomb blasts it would take to tip the planet over the edge. It is hard to imagine anything more destructive to the environment than a nuclear bomb. But, UC Merced is an environmentally conscious campus.

And they ask why the public mind is boggled so often these days.

Veblen’s prognosis for American business is a useful anchor:

“It seems possible to say this much, that the full domination of business enterprise is necessarily a transitory dominion. It stands to lose in the end whether the one or the other of the two divergent cultural tendencies wins, because it is incompatible with the ascendancy of either.” (Ibid. p. 400)

“Full domination” has been achieved all too successfully. The rule of law is rapidly crumbling before this full domination. Law was the arena in which the divergent tendencies met and argued. Without law effectively protecting the rights of citizens, the United States of America ceases to be itself and the voice of reason is drowned by the screaming antinomy between privileged and desperate subjects in a rapidly deteriorating environment. The reasonable solution would appear to be something less than “full domination of business enterprise,” beginning with regulatory agencies that are permitted to perform their necessary public function, uninfluenced by either political pressure or foxes in henhouses. The political irony is that business enterprise would have to call for a rapid, perhaps radical reduction of its domination in order to save the system of government that nurtured its rise to power. That would require an act of reason probably beyond the capacity of corporate attitudes today and equally beyond the capacities of its bought and sold political class. The real road to Hell has been paved with done deals between special interests and government.

But that’s just how things look from the middle of the San Joaquin Valley in California.

Bill Hatch

Notes:

Hannah Arendt: Origins of Totalitarianism, On Revolution

Douglas Dowd: Thorstein Veblen

Hilmar Cheese Permitted to Drill Test Well
http://www.mercedsunstar.com/local/story/11676192p-12403995c.html

Mancur Olson, The Rise and Decline of Nations

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

Upgrades planned for U.S. nuclear stockpile. Agency leader expects significant warhead redesigns...James Sterngold
http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2006/01/15/MNGTTGNL5P1.DTL&type=printable

Kevin Phillips, American Dynasty: Aristocracy, Fortune, and the Politics of Deceit in the House of Bush

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POW/Raptor comment letter on Riverside Motorsports Park draft environmental impact report

Submitted: Jan 06, 2006

From: Lydia Miller, President
San Joaquin Raptor Rescue Center
Merced, CA 95341

Steve Burke
Protect Our Water (POW)
Modesto CA 95350

To: Mr. James Holland January 6, 2006

Merced County Planning Department
2222 M St.
Merced, California 95340 Emailed
Fax: (209) 726-1710

Re: Comments on Draft Environmental Impact Report, Riverside Motorsports Park – General Plan Amendment No. 03005,Zone Change No 03007, State Clearinghouse # 2003071138

Dear Mr. Holland,

We are commenting on the DEIR of the Riverside Motorsports Park.

This project, as meticulously described in detail in the DEIR, does not need the flexibility provided by a special zoning designation. Therefore we object to the development plan zoning designation. This proposed major auto raceway, with great cumulative impacts on the environment of Merced County, should, under no conditions, be permitted to change its plan subject only to the administrative approval of a new, out-of-state director of Development Services.

The DEIR is so narrowly focused on the needs of the project that it fails to even consider the broader impacts the project would have to natural resources, public health and safety and infrastructure needs.

We found it unacceptably confusing that the master plan didn’t coordinate in any obvious way with the DEIR.

Until the county General Plan is properly updated, even to consider the number of possible amendments this project would be asking for is irresponsible land-use planning. Currently, the County is claiming an update in 1995. This is not true; it was amended. An amendment is not a comprehensive update. Since then, a number of other amendments have so warped the General Plan that it is now admitted by all to be a useless policy document.

The County has yet to coordinate responsibly with other jurisdictions on other projects like the Bellevue Corridor and the Atwater/Merced Expressway Project.

Racetracks have a history of failure and this one is competing with several major tracks in nearby counties, including Laguna Seca and Sears Point. Proponents require special zoning that will give them extreme flexibility, despite the apparent level of detail and narrow focus of this DEIR. Under the master plan, changes can simply be made by administrative decision of the director of Development Services. Given these three factors, we must consider the probability that this RMP is a holding pattern, just like a golf course, and that at any time, at the administrative discretion of the director of Development Services, the project can be converted, at taxpayer expense, into commercial development, part of a commercial corridor.

The environmental checklist is so over defined by the needs of the project, as opposed to the needs of the environment, that the proposed mitigations and the lack mitigations fail to reach the standard of a competent DEIR, leaving the public and the resource agencies unable to accurately address this project.

Growth is happening in this area in a haphazard, unplanned way. The impacts from this growth have not been taken into consideration in this DEIR. Mitigation measures in this DEIR defer responsibility to other plans, which, like the regional water plan anticipated for six years, are plans to make plans, for example the Traffic and Circulation Management Plan on page 4-31 of the Master Plan. Mixed in with these plans to make plans, are concrete proposals, such as the creation of a new road, Riverside Drive, without any analysis or alternatives.

This document provides no proof for its claim that there will be no impact to wildlife and habitat from the project.

The document displays a faulty understanding of environmental benefit, for example, on p. 4-2 of the Master Plan.

There is no analysis of the pharmaceutical and solvent content of wastewater proposed to be used in the project.

These documents rely on the infrastructure of the former Castle Air Force Base, yet there is no discussion of this infrastructure or its environmental condition.

We have been consistently involved in this area of the county for a number of years, and have provided the County with numerous public comments on environmental concerns.

We are reserving the right to submit additional information at the time of the public hearing on the FEIR.

In conclusion, we support the no-project alternative because this project fails meet CEQA standards and the county’s current, out-dated general plan.

Respectfully submitted,

Lydia Miller

Steve Burke

cc: Interested parties
William Hatch, Badlandsjournal.com

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Vroooom!

Submitted: Jan 02, 2006

A fine example of pro-racetrack poison penmanship appeared in the Merced Sun-Star on Friday. It is offered with a few questions in reply below.

Critics' motives are tainted

Editor: I'm getting very concerned with the ulterior motives of the few but very vocal detractors of the Riverside Motorsports Park facility. Much of what they write is conjecture; the rest is simply untrue.

What are the real reasons they push so hard against such a facility that can add millions of dollars in tax revenues that can then be spent on University of California, Merced, programs, working with RMP as a test lab, to solve some of the problems these people claim to represent? What are they really after?

Many are the same who opposed UC Merced. For that, I would say that RMP is keeping very good company. However they did delay UC Merced's opening for a long time, and when you Google some of the opposing organizations, all you get is a page full of lawsuits and out-of-court settlements. I haven't seen where any of that ill-gotten gain has been spent to solve water or air quality problems. I do see in the environmental impact report that RMP has a plan to save water. If some of our problems are solved, do the detractors lose a source of income?

They are even attacking backers now, claiming that backers are in it for the big bucks. I'm a backer, and I don't stand to gain a dime. We just want a facility that we can be proud of, and this one is like no other in the country.

Speaking of big bucks, where do you suppose all that money from litigation went? To fund a letter writing smear campaign?

DAVID WOOD

Let's try a few simple questions on this smear by Mr. Wood. What ulterior motives would opponents of the racetrack have other than trying to protect their air quality in one of the top two worst air basins in the nation? What ulterior motive would they have beyond trying to avoid incredible traffic congestion and noise?

What's the connection between any tax millions the track might earn and the UC campus? Is he conjecturing that sales taxes will flow from one to the other? The track folks have been suggesting lately a win-win public/private partnership with UC on automotive problems. But I am not familiar with any statements made by UC about this partnership. Have I missed something? Has the UC Merced chancellor endorsed Riverside Motorsports Park?

Where does Wood get the idea that the people who oppose the track are many of the very few people who opposed UC Merced? Where has Wood found a website or any other information describing any out-of-court settlements between UC Merced and opponents? What is he talking about?

Isn't the RMP track similar to the major NASCAR track at Sears Point, about 100 miles from Merced? Aren't the RMP people already exploring a backup plan to expand the old Altamont track near Tracy, which they now manage? How would Mr. Wood know the proposed track "is like no other in the country"? Has he been to the other tracks in the country or is he relying on RMP's Mr. Condren's sales pitch?

Is Mr. Wood just very badly informed or is he deliberately lying on behalf of the racetrack? It doesn't matter because the damage is done. He's made a mean fool of himself in print to anyone who knows anything about the areas he covers in his letter.

But, mean foolishness is all part of this project. The fundamental problem is that the proposed facility -- quite aside from its obvious environmental impacts -- is a temple to denial of reality, like the Iraq War. With more than 2,100 American dead and 16,000 wounded, and around 30,000 Iraqi confirmed dead, we are losing a war lies got us into so that US oil companies could exploit those resources to make gasoline for our cars. Is the motive behind the pagan ritual of stockcar racing (What would Jesus drive?) that as long as the worshippers can see the cars zooming around the tracks, they can forget the reality of shrinking natural resources that will steadily erode the quality of life for all of us?

Kurt Vonnegut summed it up nicely:

"We are all addicts of fossil fuels in a state of denial. And like so many addicts about to face cold turkey, our leaders are now committing violent crimes to get what little is left of what we're hooked on." -- http://www.counterpunch.com/swanson12272005.htm

Personally, I like the idea suggested recently that we should have a racetrack as long as all the racecars on it are solar-powered.

Bill Hatch

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Higher education as if students mattered?

Submitted: Dec 11, 2005

The study just released by the University of California, “Return on Investment: Educational choices and demographic change in California’s future,” (1) is a particularly specious bit of UC/corporate flak, reminiscent of the campaign for UC Merced. The study argues that if you have more college-educated people in your society, you will have less crime and more high-paying jobs. Many economists would suggest that job demand has something to do with the equation – but they didn’t get this grant. A supply of college-educated people of working age less than the job demand for them could be a recipe for extreme job competition, lower wages, higher rates of turnover, social discontent and emigration of a significant portion of a workforce whose education was subsidized by taxpayers. Since what is meant by education in this study is technological training, it’s fair to ask how Californians with technological training compete today with Indians and Asians with comparable training. Ask Silicon Valley, which has been off-shoring California jobs to India and Asia for several decades, as well as importing foreign high tech workers to the Peninsula. San Jose is today a true city of the world, a place larger than California, attracting the best and brightest technological workers of the world.

Training, inventiveness, intelligence and education aren’t the problems facing California. Funded by a group calling itself the Campaign for College Opportunity, which appears to be a front group for the California Business Roundtable, once again, UC is taking an opportunity to recycle unreliable demographic data to make a case for more public spending on UC, with a bit left over for the lesser public institutions of higher learning.

People are tired of this nonsense. It is highly conspicuous waste, meant to doll up a class of “leaders” for their next honoraria. The study was commissioned by the business roundtable, a cabal of banks, insurance companies, developers, land companies, energy companies, construction and engineering firms and miscellaneously wealthy companies like Gap and J.G. Boswell, involved in the world, cotton trade, and the J. Paul Getty Trust, headed by Barry Munitz, former Charles Hurwitz associate and (“chainsaw”) chancellor of the CSU system. The intervening group, Campaign for College Opportunity, is headed by the roundtable’s president, includes a San Francisco Chamber of Commerce vice president, several university officials, a UC regent, union officials and minority group representatives. But the state taxpayers paid for the salaries of the UC researchers to pimp the next college/university building boom, based on demographic assumptions already dubious when they were used to sell UC Merced (2). But, at least then, we knew they were just the usual state Department of Finance figures to support the coming speculative housing bubble. That is now rapidly fading. Evidently, the study indulges in them only because it can. Apparently, it is a UC affectation to demand more public funds, pay exorbitant executive salaries (3), sell its services to whatever the corporate buyer demands, and all without any responsibility to the public that pays for the salaries, the maintenance, repair, and for the thousands of other services, plants and equipment that go to making up public institutions of higher learning from the community college outpost in the remote rural town to UC Berkeley.

Perhaps the cogent business reason for promoting another higher education building boom, paid for by the public, is because new colleges and universities, particularly if located in remote areas, attract suburban development like stables attract horse flies.

Perhaps, the state’s enlightened business roundtable, representing 56 corporations, almost half on the Fortune 500 list, believe that it is essential for us to pay for enough new public higher education institutions so that not one – not one! – potential bio-technician or computer engineer escapes his or her destiny to be trained for entrance into the “new economy;” so that not one potential mortgage lender, predatory credit-card enabler, insurance agent or realtor will slip through the system to become a bum, a mechanic or a handiman in this economy, which our business leaders assure us will continue, generation after generation, through levee breaks, global warming, oil peak, waves of immigration and global competition. We should pay through taxes, tuitions and living expenses to educate the next generation so that not one, but five or ten shall be trained identically, to cut each others’ throats in the high-tech job marketplace of the eternally affluent future of technocracy, sure to continue if only we believe our universities, our business leaders and those they employ in elective governmental posts.

Since the propaganda is coming down so hard on us from this source, I think it might be fair for the public to request that California corporations clean up our air and water, stop building more slurbs, build colleges and universities in other states, subsidize our deprived youth to attend them, pay off the current state budget deficit, and provide adequate energy supplies as long as possible at non-profit rates.

At a time when the state treasury rests firmly in the hands of Wall Street, when rich Californians are not even taxed at the normal level prior to 1993, our business leaders urge more public investment in higher education. Following a period of immense profit-taking, unable to wrap themselves in the flag (sullied by total failure in Iraq), they wrap themselves in the Blue and Gold, the priestly garb of a public university reported to have misplaced 600 pounds of plutonium (3), another $6 million of public funds at Los Alamos National Laboratory (4), and the “distribution of hundreds of millions of dollars in administrative stipends, bonuses and other hidden cash compensation to employees” to be investigated by the Legislature in January (3).

Education as if the state’s youth mattered might begin by designing a curriculum around what they will need to survive the economy bequeathed them by our business leaders? This would involve the question: what does California society need from business rather than what business needs from society? This might lead to concerns about the problem of quality of life rather than income levels, in world where even stolen resources are rapidly shrinking and life satisfaction might well have to be found in living a life “simple in means, rich in ends,” as philosopher Arne Naess puts it. The problem of how to educate a generation of youth to face – not just the diminished expectations of our generation – but the radically diminished expectations compelled by resource depletion on theirs – would be worthy of a public university. But that might require a university that felt itself under some obligation to tell the truth to the people of the state rather than to flak its corporate funders’ line. It would require a look at where we are, rather than at the “statistical fantasies” offered by this study. (5)

By contrast, “Return on Investment: Educational choices and demographic change in California’s future,” seems redolent with privileged irresponsibility, people saying things because they can merely because they are who they are – the ones who got the grant. Perhaps it is a fashionably conspicuous form of madness cultivated in leading academic circles these days.

Bill Hatch

Notes:

(1) http://www.collegecampaign.org/CalROI-ExSum.pdf
(2) http://www.csun.edu/~hfoao102/@csun.edu/csun97_98/csun0223_98/features/wave.html

Said Paul Warren, director of the LAO's education division, "The academic world is saying, 'Panic, panic, panic.' We're saying it's not time to panic.

(3) www.sfgate.com/cgi-bin/article.cgi?f=/ c/a/2005/11/30/BAGGQFVT7J1.DTL
(4) www.californiaaggie.com/article/?id=7299
(5) http://www.sacbee.com/content/politics/columns/walters/story/13949532p-14784215c.html

The notion of studying the costs and benefits of public higher education is plausible. We should know what maintaining the system is costing taxpayers, what economic benefits flow to society and students from those dollars and what the eventual return to taxpayers might be. We should also be told how the public colleges and universities fit into the state's largely private economy - whether they are training the right number of professionals in the right kinds of fields, for instance, or whether their research is enhancing job creation.

Finally, we should know whether higher and lower education systems, maintained by taxpayers at immense cost - well over $60 billion a year - are meshing well or are wasting money on turf battles and incompatible priorities.

UC professors Henry Brady and Michael Hout, however, merely assume that attending college is a societal benefit and amass their synthetic evidence.

"California is sliding from exceptional to ordinary, from 'great' to 'good enough' (and) our study shows that educational investments can help restore California's greatness and preserve its high quality of life while returning more benefits to the state than they will cost the taxpayers," Brady said in a statement.

Brady and Hout don't tell us whether the economy could absorb the increased number of college attendees and graduates they advocate, or even whether there are substantially more youngsters capable of doing college-level work. While decrying the decline in California's high school graduation and college education rates in relation to other states, they don't explore the factors, such as the huge increase in non-English-speaking students or the immense changes in the California economy, that contribute to those trends. They assume, more or less, that there are many millions of Californians who would attend college if only the taxpayers would foot the bill and that expansion would generate big economic returns.

Finally, Brady and Hout fail to explain this phenomenon: There's no apparent shortage of college-trained workers in California (except in a few highly technical fields), but employers are having a heck of a time recruiting cops, carpenters, nurses, electricians, auto mechanics - even truck drivers. Who's going to do the real work if everyone is getting a college degree?

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