University of California

Friends of Denny

Submitted: Feb 11, 2006

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

McCloskey for Congress
February 6, 2006
For Immediate Release

"FOLLOW THE MONEY"

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

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

He challenged Pombo to respond to the following facts:

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

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

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

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

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

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

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

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

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

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

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

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

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

McCloskey said.

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

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

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

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

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

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

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

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

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

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

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

Pombo introduces rewrite of Endangered Species Act

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

WILL THEY ever learn?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

| »

Ranchwood in the news

Submitted: Feb 08, 2006
    2006

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

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

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

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

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

    2005

11-16-05
Merced Sun-Star

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

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

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

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

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

    2004

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

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

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

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

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

2-3-04 MERCED COUNTY BOARD OF SUPERVISORS AGENDA

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

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

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

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

    2003

12-23-03 Merced County Board of Supervisors agenda

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

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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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Who bulldozed the Torres farm labor camp and why?

Submitted: Feb 06, 2006

Felix Torres CEQA Scoping Request to Agencies
Feb. 6, 2006

From:

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

Steve Burke
Protect Our Water (POW)
(209) 523-1391, ph. & fax
sburke5@sbcglobal.net
3105 Yorkshire Lane
Modesto, CA 95350

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

To:

Robert Lewis Director
Merced County Planning and Economic Development
2222 M Street
Merced CA 95340
Phone:(209) 385-7654
via Fax (209) 726-1710

Board of Supervisors Merced County
2222 M Street
Merced CA 95340
Phone:(209) 385-7366
via Fax (209) 726-7977

Board of Commissioners
Housing Authority of Merced County
405 U Street
Merced CA 95340
Phone:(209) 722-3501
Fax (209) 722-0106

Sunne Wright McPeak Secretary
Business, Transportation & Housing Agency
980 9th Street, Suite 2450
Sacramento, CA 95814-2719
Phone (916) 323-5400
Fax: 916-323-5440

Judy Nevis Director
Housing & Community Development
1800 Third Street
Sacramento, CA 95814
Phone (916) 445-4775
Fax (916) 324-5107

Richard L. Friedman Acting Deputy Dir.
Division of Financial Assistance
Phone (916) 322-1560
Fax (916) 327-6660

Kim Dunbar Assistant Division Chief
Phone (916) 322-1560
Fax (916) 327-6660

Janet Marzolf, Section Chief

Asset Management & Compliance Section
Phone (916) 327-2896
Fax (916) 327-6660

Patrick Dyas Program Manager
Office of Migrant Services
Phone (916) 327-0942
Fax (916) 327-6660

Monday, February 06, 2006

Re: CEQA review of proposed new migrant housing in Planada (Merced County), Scope of Project, Analysis of alternatives to project, irregularity in NEPA analysis of environmental impacts; project incompatibility with current County General Plan; misappropriation of federal funding for migrant housing to construct low-income housing. Environmental Justice Abuse.

Ladies and Gentlemen:

We are greatly dissatisfied with and concerned over the actions of the Housing Authority of Merced, especially concerning the demolition of the Felix Torres Migrant Camp, and a documented agreement made with certain Merced county officials by Housing Authority Executive Director, Nick Benjamin in which the County of Merced purportedly required Housing Authority to relocate Planada Village in collaboration with SUDP zoning changes proposed by the County of Merced during the environmental review of Planada’s Community Specific Plan Update (Dec 2003).

As you all may certainly verify, the funding for the proposed renovation of the Felix Torres Camp, and funding for the demolition and replacement of Planada Village (asbestos) was individually encumbered in two separate OMS grant in year 2003. There was also a third grant awarded to the Housing Authority bringing the aggregated total for renovation of Planada Migrant camps to just over $10 million dollars.

Planada citizens were delighted with the concept of renovation of the existing camps, but were solidly in opposition to the idea of moving either camp further away from the community. .

The decision to combine these grants into a single ‘project’ seems to have been solely at the discretion of Mr. Nick Benjamin. [1] No satisfactory explanation was ever given to date as to why the Felix Torres camp could not be rebuilt on its original site. It is clear that Department of Housing and Community Development owns the structures of the Planada Village Camp and contracts with Housing Authority of Merced for the maintenance thereof, and it is also clear the Housing Authority owns the land, and both parcels were and are still zoned for the use of Migrant Housing.

Our contention is that CEQA review should have begun at that point at which Mr. Benjamin decided to move the existing camps to new locations, back in 2003. As a semi-autonomous State Agency, Housing Authority has lead agency status with regard to NEPA review of this proposed project, however, that autonomy does not supercede land use authority in Merced County when a proposed project requires a zoning change, or as in this case, a conditional use permit. (Migrant Housing is not an automatically granted land use on land zoned A-1 Agricultural, there are specific requirements of the County General Plan that must be met and approved, and that process requires public review and opportunity to comment under CEQA).

Mr. Benjamin’s decision to relocate the camp(s), was facilitated by the Central Valley Coalition for Affordable Housing (a non-profit organization formed by the Housing Authority of Merced in 1987), which secured a loan from (or through) Housing Authority to purchase alternate land for the construction of a proposed ‘combined’ migrant and year round camp.

Mr. Nick Benjamin at that time was both the Executive Director of Housing Authority, and the Secretary of Central Valley Coalition for Affordable Housing and it is believed that he had full authority to act on behalf of both organization’s boards with regard to the procurement of the specific 24-acre parcel on Gerard Avenue (the originally intended location to which Felix Torres camp was to be moved).

Public outcry and written opposition to the change in location of Felix Torres Camp presented to the County Board of Supervisors, stalled the project and lead to an elaborate ‘shell game’ of deed transfers and money laundering that culminated in Jan. with the recording of the sale of that parcel to Merced County C.E.O. Demetrios Tatum and his wife. This land sale and all its intermediary steps are currently under the investigation of the Merced County Grand Jury.

Mr. Benjamin is a person who wears many hats in Merced County. Beside those previously mentioned, he also holds a position on the board of the Community Action Agency (a quasi-governmental non-profit agency whose funding, such as Community Development Block grants, is directly controlled by the Merced County Board of Supervisors). Mr. Benjamin also sits on the Workforce Investment Board, (established by statute in 2001 and whose members are appointed by the Merced County Board of Supervisors).

Mr. Benjamin has collaborated extensively with Mr. Rudy Buendia, the director of FirmBuild, (a non-profit corporation involved with other projects in Planada such as the Bear Creek Village) for many years. Mr. Buendia currently is appointed as a Commissioner of the Housing Authority of Merced’s Board of Commissioners (appointed by the District Supervisor for district 1 which includes Planada.) Mr. Buendia also hold an appointed position on the Merced County Planning Commission as a Commissioner (also appointed by the District 1 Supervisor)

Mr. Buendia seems to be in the enviable position of sitting as a voting member of the ‘lead agency’ for the NEPA approval of the proposed new Felix Torres Project, and as an advisor to the ‘lead agency’ for the CEQA review of this same project. Additionally FirmBuild may be involved in the eventual reconstruction of the Felix Torres Camp. Consequently the public has no clear or speedy means of determining whether or not any other inappropriate financial aggrandizement may occur through the eventual release of these encumbered OMS grant funds.

The normal checks and balances, which would preclude such conflicts of interest, are demonstrably absent in a rural setting such as Merced County where one person can wear so many hats simultaneously.

There seems to be a great deal of overlap in the funding streams coming into Merced County through the Department of Financial Assistance of the Department of Housing and Community Development. It is clear to these commentators that the restrictions on the beneficiaries of grant funding through specific programs such as Joseph C. Serna Farmworker housing (which represents about one third of the grant funding for this proposed project) may be effectively circumvented under the aegis of Mr. Benjamin’s proposal.

The Predevelopment Loan Program used to demolish the Felix Torres Camp may have been used in violation of CEQA in that no environmental review was even contemplated for that aspect of the project until during the actual demolition when the commentators did a site inspection and discovered evidence of endangered and/or protected species on site, and brought such information to the attention of Housing Authority. The public will never know whether or not there was illegal ‘take’ of endangered/protected species during the demolition of the Felix Torres Camp buildings, but what is clear from written communications with the Housing Authority is their stated contention was that the contractor would have been liable for the illegal ‘take’.

This demonstrably limited understanding of the Housing Authority’s responsibility for complying with the laws of the State of California and those of the United States does not inspire confidence that this project is proceeding according to established standards of environmental review.

Having brought this situation to the attention of the grantors, it should not remain incumbent upon the public to force an internal audit of this morass; it would seem incumbent on the director of the Department of Financial Assistance or his superiors to follow up on a complaint such as this.

We clearly see and understand the financial incentive Housing Authority has in cooperating with the parties financially interested in securing the zoning changes proposed in the 2003 Planada Community Plan Update; the Planada Village was to be replaced with a zone for commercial development along Hwy 140, and the Felix Torres Camp is directly adjacent to a riparian waterway (Miles Creek) and is being actively sought for the residential development capabilities afforded by the proposed change to low density residential zoning.

Both parcels would appreciate multiple orders of magnitude in value and would represent an irresistible temptation to seek less valuable real estate on which to build replacement migrant housing with the already encumbered grant funding.

While we can appreciate the considerable potential financial benefit of this collaboration to Housing Authority, we can also clearly see conflicts with other applicable land use authorities of the State of California including tenets of the Cortese-Knox- Hertzberg Act of 2000, as it would apply to the provision of municipal services outside of an established SUDP; specific proscriptions under CEQA disallowing a public entity to select a preferred alternative based solely upon the affordability of the land in question; the ongoing environmental injustice being inflicted upon the displaced population; not to mention the near impossibility of evaluating the compliance of this proposed project or any like it with the hopelessly outdated Merced County General Plan.

The community has already suffered the deprivation of the 88 Felix Torres Camp units and has born for three years the added congestion of accommodating those returning migrants in the sparsely available low and very low-income housing. The local economy has suffered commensurately lack of workforce during crucial times of harvest during the last three years.

The public was informed by Housing Authority representatives that the decision to close and demolish Felix Torres Camp was a directive of the State of California, and under the Public Records Act we wish to inspect any written document corroborating that assertion, if such could be identified in the files of any of the above parties to whom this letter is addressed. It is our belief that the decision to close and then demolish Felix Torres Camp was rather retaliatory and punitive of the public who voiced opposition to the political and residential development interests who were clearly the intended beneficiaries of this collaboration.

The citizens of Planada participated in the federal NEPA review of this proposed project. Written comments regarding the draft EA (Environmental Assessment) have not been acknowledged or answered and the Housing Authority acting as its own lead agency has approved their NEPA review. We attach a copy[2] of the submitted comments to assist you in determining whether substantive information has been overlooked in the EA by the ‘Lead Agency’(Housing Authority of Merced County).

Irrespective of the relative weight given to public comment during the NEPA environmental review process, the Housing Authority has now contacted the Merced County Planning Department seeking CEQA review and approval of this disputed project.

CEQA requires that the Lead Agency (Merced County) examine all feasible alternatives to the proposed project, and that the scope of that analysis include all issues identified in the earliest initial study, including, in particular, the intent of the original funding source, and the setting in which those particular funds were encumbered. By completing the NEPA analysis of this project independently from the CEQA review, the Housing Authority has sought to limit the analysis of the environmental impact solely to their preferred alternative. This is both subtle and inappropriate.

Plaintiffs who sued Merced County over the inadequacy of the 2003 Planada Community Plan on behalf of those migrants displaced by the actions of the Housing Authority (closing the Felix Torres Camp in 2003 and demolishing it in 2005) have not abandoned their suit. In fact that suit is currently in 5th Appellate Court in Fresno.

Merced County’s recently disclosed plans to radically expand the SUDP boundary of Planada as part of a County General Plan Update, seek to circumvent and moot the efforts of the appellants.

There is clearly a nexus of growth pressures, lack of sewer capacity, declining economic opportunity, and poverty in Planada that demand a comprehensive environmental analysis. The migrant housing to be built with this funding (encumbered since 2003) is certainly a seminal component of Planada’s housing supply, and crucial in that it will be supportive of the actual agricultural labor force indigenous to the community.

Unfortunately, though, it has come to light that the Housing Authority has no intention of limiting residents of the proposed new Felix Torres Camp to farm workers and their dependents. The overarching intent of providing low-income housing in Merced County on which so many other government subsidized funding streams reaching Merced County tend to depend, would seem to provide an incentive for County Planning to limit the CEQA review of this project. We hope this scrutiny will persuade Housing Authority Executive Director Nick Benjamin and County Planning to honor the actual legislative intent of the OMS grant funding. We wish to somehow ensure that the proposed housing is actually going to replace both the structures and the context that were demolished at the original Felix Torres site. The conclusions presented to the public in the Housing Authority’s draft EA do not inspire confidence that the public’s expectations for this project will be realized.

It seems clear that more specific guidance from the State Agency with direct control over the expenditure of these funds is necessary. Without intending to jeopardize the funding for migrant housing in Planada, may we suggest that Housing Authority is within their authority to rebuild the Felix Torres Camp on its original site, and can do so without abusing Merced County’s land use authority or the public’s trust.

If, as we believe the County of Merced is the land use authority and Lead Agency for the CEQA review of the Housing Authority proposed project on newly acquired property, then we request and require that the Scope of this project be broadened to include the original site of the Felix Torres Camp and all of the previous public involvement and comment on this proposal.

Sincerely,

Lydia M. Miller – President Steve Burke,

San Joaquin Raptor/Wildlife Rescue Center Protect Our Water

Bryant Owens- Chairman

Planada Community Development Co.

Attachment: Draft EA Comments-2005

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

[1] Housing Authority Board of Commissioner minutes

[2] Comments on Draft Environmental Assessment 2005

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The politics of death in Merced

Submitted: Jan 29, 2006

The newspaper coverage of the tragic death of Greg Gomez, 20, of Merced, has from the beginning raised more questions than it has answered. With each succeeding article, the story gets more obscene.

A Badlands reader suggested that without putting all the official reports of the matter together, end-to-end, it is impossible to tell what actually happened. However, in politically sensitive matters including large private or public institutions, police reports do not always make things clearer.

The best we can do it put the timeline of newspaper coverage of the event in some kind of order and raise questions we believe ought to be asked.

The Modesto Bee reported at 4:15 a.m. on Dec. 20 that Gomez was hit by a car driven by UC Merced student, Antony Jay Ducray, 18, of Los Angeles, about 11:30 p.m., according to a California Highway Patrol report. He was taken to Mercy Medical Center Merced.

CHP Sgt. Sam Samra said the accident happened about 2,500 feet west of Lake Road, near the UC Merced campus. Gomez was wearing dark clothes and walking in the road; there are no streetlights in the area, according to the CHP. Though it wasn't raining, it was cloudy and the streets were wet, Samra said.

Ducray, who was driving about 50 miles per hour, did not see Gomez walking in the road before his car struck him, the CHP reported.

Gomez was thrown into Ducray's windshield, and suffered major injuries. Ducray was not hurt, and a passenger in his car, 18-year-old Daniel Joseph Wilson of Rancho Bernardo, suffered minor cuts to his left hand, the CHP reported.
No one was arrested and the CHP said speeding and alcohol do not appear to have been factors in the accident. The collision remains under investigation.

On Dec. 21, Merced Sun-Star writer Rosalio Ahumada reported that Gomez died about 23 hours after he was struck by Ducray’s car. We got more details of the case.

The UC Merced student was not arrested.

Speeding and driving under the influence do not appear to be factors, the report stated, but the car accident is still under investigation, Ahumada wrote.

Evidently Ducray was tested clean for alcohol and drugs.

Ducray, a UC Merced student from Los Angeles, was driving a 2000 Toyota Corolla westbound on Bellevue Road at an approximate speed of 50 mph when the car struck Gomez.

Gomez was reported to have been wearing dark clothing and walking “on a small paved portion of the shoulder of the road. The road has a larger dirt and gravel portion of the road shoulder.” There are no streetlights on that country road.

Samra, the CHP officer on the scene, told Ahumada, “the road was wet and it was cloudy, but officers reported it was not raining when the accident occurred and there was not any fog or other visual impairments.”

The coroner’s office said it would do an autopsy to establish the cause of death on Thursday of that week. We saw no follow-up on that story but the Christmas weekend was coming and the cause of death could not have been more than the listing of injuries sustained from being hit by a car.

The first question that arises is why isn’t this story being covered by the Sun-Star’s veteran police reporter, Mike De La Cruz? The first report from the Modesto Bee has no byline. The second story was covered by the reporter on the UC Merced beat, at least until shortly after this story. Since January 16, another reporter seems to have taken over UC Merced coverage.

How could the CHP officer know the students were driving about 50 miles an hour? Was he on the scene before the accident? Were there witnesses? Is there electronic speed monitoring equipment on that stretch of road?

The story disappeared for a month only to return this week.

On Tuesday, Ahumada’s apparent successor on the UC Merced beat, Janet Pak, informed us:

University of California, Merced, students who want to stay downtown or enjoy a movie late at night won't have to worry about transportation.

A new shuttle service called "Nite Cat" will run every hour from 10 p.m. to 2 a.m. on Friday and Saturday, said UC Merced spokeswoman Ana Nelson Shaw.

"It helps them be more connected with the community," she said. "A lot of students don't have a car.

"It provides them with a new option to go see a movie that ends late at night or to go eat out at one of the dining locations or see friends who live off campus."

Riggs Ambulance Service, presumably the same ambulance service that took Gomez to the hospital (there is no other in Merced), sponsored the shuttle, “paying $20,000 for the van, fuel and labor costs.” Sounds pretty cheap to me. I wondered if a farm labor contractor could get a van, driver, fuel and maintenance at that price for eight, 20-mile roundtrips a week.

Nite Cat would also prevent people from driving back in poor weather conditions.

"It's not exactly a great drive," he said. "It's dark, narrow and foggy."

There is no evidence Pak even asked if the shuttle might also be connected to Gomez’ death, which would have raised the issue protecting the public against UC Merced students rather than simply protecting UC Merced students from themselves.

At this point, the Badlands editorial board began to study a few UC Merced police reports.

Police Calls...UC Merced calls...Last Updated: January 27, 2006, 07:45:32 AM PST
http://www.mercedsunstar.com/local/policecalls/story/11736459p-12459406c.html
The UC Merced Police Department responded to three calls on Wednesday.
WEDNESDAY
12:35 a.m. -- Officer took student report of a possible burglary.
12:34 a.m. -- Officer checked a suspicious vehicle parked in the staff parking lot.
5:20 a.m. -- Driver verbally warned at a traffic stop at Bellevue and Lake roads.

Police Calls...UC Merced calls
Last Updated: January 24, 2006, 08:05:33 AM PST
http://www.mercedsunstar.com/local/policecalls/story/11724321p-12448098c.html

Saturday
11:05 p.m. -- Driver issued a citation for failing to stop at a crosswalk in the student parking lot by Tulare Hall
10:08 p.m. -- Driver given a verbal warning for failing to stop at a crosswalk on Scholars Lane and Emigrant Pass.
12:49 a.m. -- Driver given a verbal warning for failure to stop at a crossing walk on Scholars Lane and Mammoth Lakes Road.

FRIDAY
10:34 p.m. -- Citation issued for failure to stop at crosswalk on Lake Road south of main entrance.
10:08 p.m. -- Citation issued for failure to stop at crosswalk on Scholars Road.

Last Updated: January 10, 2006, 06:45:36 AM PST
http://www.mercedsunstar.com/local/policecalls/story/11672477p-12400494c.html

SATURDAY
3:33 p.m. --Verbal warning issued for failure to stop at a posted stop sign at Scholars and Emigrants Pass.

UC MERCED CALLS
The UC Merced Police Department responded to 9 calls Friday, Saturday, and Sunday.

SUNDAY
1:22 p.m. -- Driver issued a verbal warning near front entrance to Lake Yosemite.
11:42 a.m. -- Officers assist two male adults stuck in an elevator.

SATURDAY
11:50 p.m. -- Driver of a suspicious vehicle parked in the residential parking lot given a verbal warning.
3:33 p.m. --Verbal warning issued for failure to stop at a posted stop sign at Scholars and Emigrants Pass.
3:01 p.m. --Driver issued a verbal warning during a traffic stop at Bellevue and Lake roads.
2:31 p.m. -- Driver issued a verbal warning during a traffic stop on Scholars Lane at the dining hall.
Driver issued a verbal warning during a traffic stop at Lane and Trovare roads.

FRIDAY
7:37 p.m. -- An electrical fire smell in the east wing of the library determined no fire risk.
8:16 a.m. -- Driver of a vehicle blocking the emergency exit found and vehicle removed.

Last Updated: December 10, 2005, 07:21:14 AM PST
http://www.mercedsun-star.com/local/policecalls/story/11576675p-12309523c.html

UC MERCED CALLS
The UC Merced Police Department responded to 6 calls Thursday and Wednesday

Thursday
5:08 p.m. -- Report of a noninjury hit-and-run accident that occurred sometime in the day in the Lake parking lot.

Thursday
6:33 p.m. -- Assisted a disabled motorist with a flat tire.
5:08 p.m. -- Report of a noninjury hit-and-run accident that occurred sometime in the day in the Lake parking lot.

Wednesday
11:32 p.m. -- Two students in the construction area given a verbal warning.
9:53 p.m. -- Assisted a UC resident assistant in student housing.
6:29 p.m. -- Escorted a staff member to the parking lot.
6:27 p.m. -- Conducted a student welfare check at the request of a family member.

Last Updated: November 24, 2005, 06:50:36 AM PST
http://www.mercedsun-star.com/local/policecalls/story/11517885p-12254904c.html

5:08 p.m. -- Report of a noninjury hit-and-run accident that occurred sometime in the day in the Lake parking lot.

UC MERCED CALLS

The UC Merced Police Department responded to 3 calls on Tuesday.
10:53 a.m. -- Traffic stop on Lake Road at Bellevue Road. Driver was warned.
4:53 p.m. -- Noninjury accident reported at Ranchers and Lake Road.
4:18 p.m. -- Reports of students barbecuing on campus next to dining commons.

Last Updated: October 20, 2005, 06:45:34 AM PDT
http://www.mercedsun-star.com/local/policecalls/story/11373686p-12120637c.html

9 a.m. -- A hit-and-run accident reported in the Lake parking lot. The responsible party returned to the scene.

Badlands editors, after daring to post this police description of the vehicular situation out at the UC Merced campus, got their money down on the question of whether the public would ever see another UC Merced police log.

Lulu from the Badlands Religion desk, who tipples, complained that UC Merced had never offered to pick her up and take her downtown for Blues night and bring her back home all safe and sound, soul full of throbbing bass guitar.

D.A. May Have Served Alcohol to Underage Drinker Who Died
The Novel and The Tape
http://www.mercedsunstar.com/local/story/11741563p-12463552c.htm

Saturday Sun-Star readers encountered a novel of 3,288 words in their newspapers and an accompanying audiotape on the newspaper’s website, concerning a political tangent associated with this tragedy. The story would not have suffered at all if a regular police reporter had done it in a few hundred words, something like:

Merced County District Attorney Gordon Spencer served drinks at the Merced Country Club for an employee Christmas party attended by Greg Gomez. Gomez, 20, later died as the result of being hit by a car driven by UC Merced student Antony Jay Ducray, 18, of Los Angeles. Three hours after Gomez was admitted to Mercy Medical Center, a test revealed a .245 blood alcohol content, about three times the legal limit for driving a car. Gomez was on foot when Ducray’s vehicle hit him.

Spencer said he tended bar at the party for about an hour until the employee-guests went to dinner. He added that he left the party four hours before Gomez was struck by the UC Merced student’s car as he was walking on the side of Bellevue Road .

Spencer explained he had an agreement with three managers at the country club that they were responsible for checking IDs. He said it is possible he served Gomez but did not serve anyone as drunk as Gomez was reported to have been three hours after he was hit.

Chris Collins, one of the Sun-Star’s political reporters, wrote the 3,288-word novel. Collins appears to believe that good district attorneys grow on grape vines or almond trees (the same place they grow good cops) or are as rapidly multiplying in Merced County as his celebrity-of-the-week Greg Hostetler’s housing products. This indescribable travesty of journalism, complete with tape selections, is available at http://www.mercedsunstar.com/local/story/11741563p-12463552c.html. It comes off, whether intentionally or not, as one of the most blatant political hatchet jobs in the paper’s dismal history of political coverage. But it is also, fundamentally, something else: a distraction from who killed whom.

UC bobcatflaksters must have danced on their monitors when this novel was published. People will be thinking about Spencer for days, weeks, forgetting who killed whom, all those fraudulent pay packages for top UC administrators and the new generation of nuclear weapons to be built at UC’s two national laboratories of WMDs.

Other evidence that it was some kind of political hatchet job or a PR diversion is that Collins never shares with his readers who it was who told him Spencer was serving drinks at a private country club employees' party. Nor, in the midst of nothing but a political story around manslaughter, does he ever mention that Spencer has announced his retirement. Nor does he ever list, in this political story about manslaughter, either Spencer’s political friends or his enemies.

Jonathan Arons, a San Francisco attorney who specializes in legal ethics, said Spencer had entered a "very gray" area ethically., Collins wrote, 2,500 words into his masterpiece.

Who might the deep, terribly obscure Arons be?

The only guy in the Badlands organization who took the bet Gomez v. Spencer would be studied in Torts courses by future law students pondering the mysteries of causality was Bobo. Bobo’s in sports.

Compared to the fact of his death, did it matter at all that Gomez was 20 instead of 21? If a 90-year-old senile escapee from a rest home in a dark housecoat on a black walker had been in that place at that time, would she have fared any better than Gomez or a Labrador Retriever? Did it matter that the district attorney, doing a volunteer stint as a bartender for his club’s employee Christmas party, said he wouldn’t deny he might have served Gomez a drink four hours before he was struck by the UC Merced student’s car?

No.

Spencer’s suggestion that there was something called personal responsibility poured gasoline on Collins’ passion to play the political blame game with a tragic mystery that could not be reduced to gotcha without violating common decency.

Why was Gomez, drunk, on foot, two miles from the country club at 11:30 p.m.? It must have been the DA’s fault.

Wrong.

There is another, grimmer possibility that would not have come to light without Collins’ reckless novel. With perhaps better information than the public has, Spencer seemed to suggest at one point on the tape that Gomez had thrown himself into the car. If Collins had not been so intent on lynching Spencer, he might have heard that warning. Having done this stupid thing, he raised the issue of suicide – more doubt and misery for the family he describes with such saccharine bathos in the last several hundred words of his opus. Adn what of the misery of the driver and his passenger?

Forget them: we must have the novel of blame, which will soothe all wounds.

Wrong.

Do Collins’ editors have a shred of common sense?

Bill Hatch

| »

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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Merced County League of Women Voters' dead questions office

Submitted: Jan 04, 2006

The Merced County chapter of the League of Women Voters recently published its January 2006 newsletter concerning a meeting on county land-use policy. Badlands attended and reported on the meeting, Unanswered questions on Merced growth, Wednesday, December 7th, 2005. That meeting was bogus. A large crowd was encouraged to write down questions about growth, listened to a panel of planners, and then the meeting was shut down -- the panel did not answer any of the questions. The reason given was that City Hall was not available beyond a certain time, that time arrived, therefore the meeting was over. There was also some funny business with the computer projector that took up additional (precious) time.

Soliciting questions from the public about growth in one of the two fastest growing regions in the state, and then not answering them but passing them on to the political classes, descends to the level of mere pandering to the remarkably corrupt local, pro-growth power structure of Merced.

While the Badlands editorial staff doesn’t mind critically covering local political events (we think that’s what journalism ought to be and used to be), the staff collectively winces while performing the unpleasant duty of criticizing the League of Women Voters. Badlands staff grew up listening to mothers talk about the League, reading League newsletters and voter education pamphlets. The staff learned its first lessons in democracy from League mothers.

But, says the Merced League, it distributed all the questions to the people that matter. These are the same people who have voted consistently for the development engulfing the county. These are the people who hold unanimously as their first, collective metaphysical principle, that “growth is inevitable.”

According to the newsletter, the League had retired UC professor, Dr. William Teitz compile all the questions and then they were sent to all the presenters (Teitz, the former county planning director and three city planners), the county Board of Supervisors, the mayors of the six cities in the county, and the Merced Sun-Star and Merced County Times.

The whole League-orchestrated Q-but-no-A “public meeting” was a hoax. Tietz, the retired UC professor, gave a very interesting, somewhat drastic presentation about Valley growth that might actually have had some impact if it had been given before UC Merced was a “done deal.” The county planning director (since demoted) gave a countywide overview. Three city planners provided their views on development in their cities. Fast-growing Atwater, strangely, was not represented.

Did the League want to put on an event about growth that looked like it was really open to public, in order to log it in under that title so that it could be referred to later as a real “public dialogue”? Were the planners and the questions window dressing in some sort of display? If it really had been set up to be a town hall meeting it would have gone on until 3 in the morning at a local church. Perhaps, League officers are just hooked on the architecture of these chambers of local government, in which officials are always seated above the public.

The miasma of growth now hangs over Merced political life like a permanent, toxic tule fog. The real war for the future of the county is all but won by developers. It’s a perfect game of political blackmail. The developers have their teeth deeply buried in county government now. If farmers who want to continue farming publicly criticize growth policies, things can happen. Everybody knows how this goes. But, dragging the tradition of the League of Women Voters into it stinks.

The League of Women Voters is committed to making democracy work in Merced, California, across the country and around the world,

Its newsletter claims.

Join us in educating and encouraging men and women to be active citizens and address the issues that affect our lives—election administration reform, campaign finance reform, civil and human rights, citizen engagement, judicial independence and criminal justice, education, health care, urban sprawl and our natural resources …

The newsletter urges. These are important values. Mothers in League chapters during the dark days of McCarthyism were accused of being communists for standing up for these values. Right here in the San Joaquin Valley, 50 years ago. Imagine!

Respect for their mothers’ political bravery requires Badlands staff to make a critical remark of a greatly respected institution: it takes more than a scarf to make a League president. It takes a willingness to stand up for values, which, although non-partisan and thoroughly American, are always controversial. If you don’t stand up for them, but just quote them in your newsletter, you’re betraying them.

But, not content with League value statements, this League chapter has to drag Margaret Mead into it.

Never doubt that a small group of thoughtful committed citizens can change the world: indeed, it’s the only thing that ever has. -- Margaret Mead

This business of using old values, hard fought for, as advertising and propaganda for an organization that dares not understand what these values mean, and what they cost these women, and for how long, is a widespread bad habit or our era, drowning in propaganda. But those values meant something and should not be simply stuck in a newsletter like decoration or a shopping ad.

Just because you’re not on the front lines of things, doesn’t mean you have to be in the lap of power, either. Just because you are not contributing to a public dialogue does not mean you have to fake one. If you aren’t on the front lines as the League used to be, you ought to go have tea somewhere out of the way.

The way the League handled these questions, they became ammunition and rhetoric for the status quo, thoughtlessly committed to catastrophic growth in Merced County but wise to any advantage provided that will make them look less than the authors of catastrophe. An opportunity for a real public town hall meeting was misrepresented and misused. It was as bad and Cardoza the Shrimp Slayer’s “town hall meeting” in the same venue several months earlier.

Rumors have reached the Badlands staff that the League official facilitating this meeting is planning a career in elective office. Considering that we’ve seen more democratic public meetings at Chairman “Fox Hills” Sloan’s county Planning Commission, we’re taking an early, negative stand on this candidacy. In our view, Merced does not need more of the same-old, same-old well-known substance that seems to get tracked onto every institution in this county, regardless of former ideals. Developers have their teeth in the throat of local government here. This is no time for the League of Women Voters to be used as a platform for political postures.

The League newsletter concluded with a stirring letter from a mother in 1951 about how to raise a democratic child:

HELP MAKE DEMOCRACY LIVE

I can help make democracy live because the best citizen is not the one who knows the most, but the one who cares the most. Because I am a mother, I can teach my children to care about people and those values essential to democracy.

If I show my child that his rights and possessions are respected, if I teach him to take his turn and to do his share, if I help him to feel loved and valued for himself, I’ll be teaching him to believe in the inalienable rights of all people.

I will not train my child in blind obedience born of fear, for that makes dictators possible. I will expect only the conformity suitable to his age. I will not demand acceptance of all my opinions. I will tolerate the stress and strain of disagreement in order to encourage that free expression of ideas which enriches group life and in order to further the self-discipline required for democratic living. My child can become truly democratic only by practicing that way of life.

By my example, I will seek to show my child that democracy is worth all it costs. I will obey the laws, even those I dislike. I will pay my taxes without evasion. I will be fair to people who differ from me in race, religion, or political philosophy. I will study my government in order to vote intelligently. I will take time to serve my community.

In such simple everyday ways we can do our share as citizens. If we parents care enough, we can make democracy live.

Martha Fugate Pitman
Reprinted from the July 1951 Parents’ Magazine

What a beautiful dream, and how widely shared it was in the Valley in those years. They were not the easiest years economically or politically, but there was that sweet dedication of parents who had known depression and war and had transmuted harsh experience into love and care for the next generation. And with that love went these high ideals, League of Women Voter ideals. There was a code for “democratic living,” and we thought we were learning it. But we let the code down, not understanding, I think, the amount of struggle that lay just behind it, in perhaps the previous three generations. It may well have been children of League mothers of that era who reminded us of Susan B. Anthony, Mother Jones and the other heroic women in American history. We inherited it; we didn’t earn it. Eventually, that movement for democracy, became fatally involved with the power aspirations of the Democratic Party and was corrupted as horribly as conservatism, allied with the Republican Party, is now being corrupted.

In fact, unfortunately, the values Mrs. Pitman so eloquently articulated during the recession of the early 1950s, are a code of conduct almost guaranteed for failure in practical affairs in America. Unless checked by concerted public action, the lying, bullying, lawless thief is far more likely to gain power and wealth in this society.

I wish there had been a real town hall meeting on development because I think it is only in that sort of forum that real public power over the public future can be developed. But, following the well-established pattern of orchestration established by UC Merced and its local boosters in and out of government, that did not happen this time.

And time is running out. If the Merced public is not to be coerced into complete slurbocracy, town meetings in which citizens – whether feeling safe or not – do get up and speak their minds directly to power are necessary. Otherwise, the Merced public cannot expect anything but more of the slurbocracy now engulfing it. The developers came to play and they wrote many of the rules of the game.

Here are the unanswered questions, rescued from the League of Women Voters’ dead question office. They are doubtlessly now being eagerly studied by our political leaders as carefully as a comment letter on an environmental impact report. The Badlands staff is holding its breath and turning blue in the face waiting for the detailed answers the supervisors, mayors and newspaper editors are going to give in public to these questions.

1. Does the urban growth of Merced County benefit current residents economically more than outside investors/developers?
2. How does it reflect on our community when we raise children that can’t afford to live or work here? Why must we continue the urban growth of Merced County at the expense of our quality of living?
3. How will the urbanization affect our cost of living? Do we as citizens, have rights to object to any of your plans if we don’t like them?
4. Why has growth not taken place along Hwy 5?
5. Where are all these future residents going to work? And shop? And go for recreation? Is this more cars on the roads driving out of the area, spending money in other areas?
6. What happens to the houses + land that is left over from the development that is moving to the north?
7. How will the proposed Wal-Mart distribution center affect traffic on 99 and air quality?
8. What are some major planning issues? Are the requirements that developers have to meet to develop really feasible? These requirements can sometimes kill development and instead maybe could make incentives or fee reduction.
9. Why so much low density residential in the county expansion plans?
10. Are the community plans financially constrained? Who is paying for the new infrastructure + expanded services?
11. Should the county and cities adopt a jobs/housing balance into their general plans?
12. In terms of the growth in Franklin / Planada what is the plan for wastewater?
13. What steps are being taken to expand the city of Merced (i.e. ready existing streets and freeways) to accommodate so many more people?
14. What conjectured growth could be attributing to U.C. Merced? (As a single catalyst)
15. Should major roadways be determined before development is approved?
16. Do you foresee an eastside freeway being constructed? The route could follow the old road before the railroad. The route would create beltways around urban areas like Visalia, Fresno, Merced, Modesto, and Sacramento.
17. What about roads?
18. Due to infrastructure capacity constraints can new alternatives be used, for example, recycled water (tertiary treatment-package plants) to meet the needs of new development?
19. Has the underground water supply for the San Joaquin Valley been quantified? If not how can continued urban growth continue?
20. Growth is inevitable however it is taking away the farmland. The same people wanting to build are the ones that will complain when food is expensive. Why do they always choose to use high producing agricultural areas to build houses? Why can't they use non-producing land?
21. In view of the diminishing acreage of productive agriculture land, an irreplaceable resource will boards of supervisors and city councils ever be able to contribute to the preservation of agricultural land? If not what do you suggest?
22. Can agricultural businesses continue to survive at the height of urban development?
23. What’s going to happen to the farm based business with urban growth?
24. Has there been consideration of growing up in multiple story housing complexes in order to preserve agricultural land?
25. Where’s the water?
26. What is the proposed plan for wastewater tax for?
27. Why is the prime farmland scenario unrealistic?
28. Food security requires farmland be protected. Should we require protection by state or federal government to protect farmland like environment is protected?
29. Why are the farmers so dead set against urbanization? Can’t individual farms continue to farm in the middle of growth?
30. To curb urban encroachment into Prime farmland is anything being done to encourage high-rise apartments/condos & office space?
31. Who should determine if a local food supply is important far future generations? Should food security be a public policy issue?
32. What measures are being taken to 1) To ensure resource conservation and 2.) Protect wildlife and natural areas?
33. Can the panelists comment on the potential for collaborative planning between local agencies for regional development in Merced County and throughout the central valley.
34. Dr.Teitz you write in your report that “Valley residents are skeptical about their government institutions ability to solve problems.” (Pg. 80) What can governments do to reduce the skepticism and meet the needs of the future?
35. With all these general plan updates going on, where to how can individuals (local) organizations be most effective in getting what WE want? (Versus out of area investors) Can the panelists comment on the potential for collaborative planning between local agencies for regional development in Merced County and throughout the central valley?
36. You mentioned “resistance to growth” from the Bay Area (as one of the forces of population growth+ urbanization to the valley) what have they done and why can’t we also resist such growth?

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Lack of incentive

Submitted: Dec 30, 2005

It's very hard to see that the USDA has any incentive to properly monitor GMO crops, pharma or otherwise, considering they are so gung-ho in favor of them, along with the land grant universities whose "win-win public/private partnerships" with biotechnology corporations have produced them.

When the nation is going to wake up and discover this technology required serious public testing it never received remains a question based on the ability of lobbies and propaganda to bend perception. Using the example of genetic contamination, however, whatever is said from bent perspectives won't change inevitable facts. So far the critics have been right, every step of the way.
-----------------------------------

Investigators say the USDA lacks details on what happens with pharma-crops.

By PHILIP BRASHER
REGISTER WASHINGTON BUREAU
Des Moines Register, December 30 2005
http://desmoinesregister.com/apps/pbcs.dll/article?AID=/20051230/BUSINESS01/512300334/1030

Washington, D.C. - The U.S. Department of Agriculture has failed to properly oversee field trials of genetically engineered crops, including plants designed to produce chemicals for medical and industrial uses, investigators say.

A report released Thursday by the USDA's inspector general said the department "lacks basic information" on where field tests are or what is done with the crops after they are harvested.

The report is the latest blow to prospects for developing an industry based on mass-producing pharmaceutical chemicals from genetically modified corn. Iowa Gov. Tom Vilsack once called the idea the "future of our state."

During the inspector general investigation, auditors found that two large harvests of pharmaceutical crops remained in storage at test sites without the USDA's knowledge or approval.

The investigators also said that in 2003 the department failed to inspect fields of pharmaceutical crops with the frequency that officials said they would.

"Current (USDA) regulations, policies and procedures do not go far enough to ensure the safe introduction of agricultural biotechnology," the report said.

The report "confirms the public's lack of confidence in the USDA to oversee pharmaceutical and industrial chemical crops," said Susan Prolman of the Union of Concerned Scientists, an advocacy group that has been critical of the agricultural biotechnology industry.

USDA officials said they have made a number of improvements since the investigation was done but disagree with some of the findings.

"We were addressing many of the issues as they were looking at the same issues," said Cindy Smith, deputy administrator for biotechnology regulatory services in the USDA's Animal and Plant Health Inspection Service.

She said violations cited in the report were minor. Also, the agency now does all the required inspections of pharma-crop sites, including one last summer near Burlington, Ia., she said.

The department is heeding one of the inspector general's suggestions and may make it mandatory for researchers to provide global positioning coordinates for test sites.

Smith's staff has grown from 23 to 65 since it was established in 2002.

The Agriculture Department oversaw 67,000 acres of biotech field trials in 2004, up from 8,700 in 1994.

Relatively little of that acreage is devoted to pharmaceutical or industrial crops, but there is special concern that those plants could contaminate conventional crops or get into the food supply.

A small biotech company, ProdiGene Inc., was ordered to pay more than $3 million in penalties and cleanup costs in 2002 after mismanaging field trials of pharmaceutical crops in Iowa and Nebraska.

Pharma crops are seen as a cheap way to mass-produce human and animal drugs. Corn has been the crop of choice because it is relatively simple to engineer and produces a lot of grain that can be easily stored and processed.

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University of Perpetual Anxiety

Submitted: Dec 25, 2005

I shouldn't have to be thinking about nuclear war on Christmas Eve. But we've got a University of California campus here in the San Joaquin Valley now. UC Merced has brought us a brand new perspective.

I read the news today, oh boy.

I read this week that after a period of uncertainty, the UC retained control over Los Alamos National Laboratory. The press speculates winning the Los Alamos bid will strengthen UC's chances for retaining Lawrence Livermore National Lab. My immediate concern was the numerous articles since the Wen Ho Lee affair, of security breaches, thefts, and accidents at UC's two nuclear weapons labs. The day before the decision was announced, workers were imperilled by a plutonium spill at Los Alamos.

I shouldn't have to be thinking about nuclear war on Christmas Eve because I am a war baby, taught to crouch under my little desk in grammar school to protect myself from the bombs that could fall on David Farragut Elementary School, near the ocean in San Francisco.Many of my classmates' fathers had recently returned from the Pacific Theater. Some, no doubt, had expected to invade the Japanese mainland. One of our neighbors had been in that PT boat with Kennedy.

I shouldn't have to be thinking about nuclear war on Christmas Eve but the decision, and all the hoopla around it, brought back memories of the Cold War, bomb shelters, the Cuban Missile Crisis, "acceptable losses," decades of nuclear disarmament negotiations and anti-communist campaigns, the Vietnam decade, Star Wars, the "Peace Dividend" and the recent marches against the invasion of Iraq -- the whole national insecurity in which I have lived all my life as a citizen of an aggressive imperial power that has lied to its citizens about its most basic foreign policies.

I shouldn't have to be thinking about nuclear war on Christmas Eve.

In the early 1950s, atomic fever gripped our burgeoning desert town. Bartenders served atomic cocktails. Hairstylists coiffed the atomic hairdo. Revelers danced to the "Atomic Bomb Bounce." Hotel marquees listed detonation times. And Candy King was crowned Miss Atomic Bomb. Tourists were even transported to Mount Charleston's Angel Peak armed with blankets, sunglasses and box lunches so they could watch in awe as the Atomic Energy Commission let 'em rip at the Nevada Test Site. -- Las Vegas Living, June, 2000.

Not being a scientist, I tend to see nuclear weapons as being like Checkov's shotgun on the wall. They aren't just for decoration. My view is Biblical: things come to pass. American corporations' long love affair with the rightwing has finally yielded its reward, an illegal, quasi-monarchy hell bent on imperial militarism and crooked voting machines to hold power. In the midst of this political play for absolute power, here comes UC down to the San Joaquin Valley to build it's "enviromental campus" with, incidentally, memorandum of understanding with Lawrence Livermore Lab in its purse and, now, the new contract to keep running Los Alamos. Locally, about all we've seen them do is corrupt environmental law and regulation and public process, bribe a failing newspaper, organize the local Mr. and Ms. Merceds, and lie about a bobcat. Now that they're riding high on the nuclear hog again, UC Merced's proximity to the Castle base and wide-open spaces, along with that little LLNL MOU in their purse, ought to ring alarms. But to Mr. and Ms. UC Merced, nuke-lab annex looks good for business. And there you have it: in a planet suffocating in the surfeit and waste of the products of man's industry, war is good for business. Mr. and Ms. UC Merced are already investing their anticipated profits. Meanwhile, nearly a billion people are chronically malnourished and little wars keep breaking out here, there, and everywhere.

Fortunately, not all the world is mad enough to regard control of the production of weapons of mass destruction is a cause for rejoicing at Christmas.

There is the story of a man at the UN, a specialist in nuclear proliferation, who disputed the Bush administration line that Saddam Hussein was building nuclear weapons. This man had been running inspection teams in Iraq for a number of years and had found nothing. He and several people working with him testified before the UN Security Council that they had found nothing. The US shouted them down and invaded Iraq anyway. Lately, President Bush has admitted that the intelligence he had that Iraq was developing nuclear weapons wasn't true.

On Dec. 10, Mohamed ElBaradei was awarded the Nobel Peace Prize. His lecture was an excellent antidote to the orgy of triumphalism surrounding the UC "victory."

In the real world, this imbalance in living conditions inevitably leads to inequality of opportunity, and in many cases loss of hope. And what is worse, all too often the plight of the poor is compounded by and results in human rights abuses, a lack of good governance, and a deep sense of injustice. This combination naturally creates a most fertile breeding ground for civil wars, organized crime, and extremism in its different forms.

In regions where conflicts have been left to fester for decades, countries continue to look for ways to offset their insecurities or project their 'power'. In some cases, they may be tempted to seek their own weapons of mass destruction, like others who have preceded them.

* * * * * * *
Ladies and Gentlemen.

Fifteen years ago, when the Cold War ended, many of us hoped for a new world order to emerge. A world order rooted in human solidarity – a world order that would be equitable, inclusive and effective.

But today we are nowhere near that goal. We may have torn down the walls between East and West, but we have yet to build the bridges between North and South – the rich and the poor.

Consider our development aid record. Last year, the nations of the world spent over $1 trillion on armaments. But we contributed less than 10 per cent of that amount – a mere $80 billion – as official development assistance to the developing parts of the world, where 850 million people suffer from hunger.

My friend James Morris heads the World Food Programme, whose task it is to feed the hungry. He recently told me, "If I could have just 1 per cent of the money spent on global armaments, no one in this world would go to bed hungry."

It should not be a surprise then that poverty continues to breed conflict. Of the 13 million deaths due to armed conflict in the last ten years, 9 million occurred in sub-Saharan Africa, where the poorest of the poor live.

Consider also our approach to the sanctity and value of human life. In the aftermath of the September 2001 terrorist attacks in the United States, we all grieved deeply, and expressed outrage at this heinous crime – and rightly so. But many people today are unaware that, as the result of civil war in the Democratic Republic of the Congo, 3.8 million people have lost their lives since 1998.

Are we to conclude that our priorities are skewed, and our approaches uneven?

* * * * * * *
Ladies and Gentlemen. With this 'big picture' in mind, we can better understand the changing landscape in nuclear non-proliferation and disarmament.

There are three main features to this changing landscape: the emergence of an extensive black market in nuclear material and equipment; the proliferation of nuclear weapons and sensitive nuclear technology; and the stagnation in nuclear disarmament.

Today, with globalization bringing us ever closer together, if we choose to ignore the insecurities of some, they will soon become the insecurities of all.

Equally, with the spread of advanced science and technology, as long as some of us choose to rely on nuclear weapons, we continue to risk that these same weapons will become increasingly attractive to others.

I have no doubt that, if we hope to escape self-destruction, then nuclear weapons should have no place in our collective conscience, and no role in our security.

To that end, we must ensure – absolutely – that no more countries acquire these deadly weapons.

We must see to it that nuclear-weapon states take concrete steps towards nuclear disarmament.

And we must put in place a security system that does not rely on nuclear deterrence.

ElBaradei spoke 11 days before Rep. Ellen Tauscher, D-Alamo,

rallied California lawmakers behind the UC-Bechtel team and said the announcement had her ``dancing in the streets.''

``I thought on the merits, they delivered a knockout punch, but the politics of this have always been trending away from us, to put it mildly,'' she said. ``This is a great day for Claifornia but it's also good news for the American people, who not only have the best science and national security but also the best management for Los Alamos.''

In moments like these, the essential barbarism shines through. Advanced evidence, if our growing poverty and the "Christian" heartlessness aren't enough, is the recent exposure of fraudulent payments to UC administrators, apparently involved in another intramural feeding frenzy for public funds. These frenzies occur regularly, about as often as security breaches and fatal accidents at UC's two nuke labs. Sitting on top of a mushroom cloud is bad for the mind. Everyone wants more money, but you get the impression with these people that they think if they don't fleece the public, they don't rank.

According to ElBaradei's priorities, UC has it backwards.

A recent United Nations High-Level Panel identified five categories of threats that we face:

1. Poverty, Infectious Disease, and Environmental Degradation;
2. Armed Conflict – both within and among states;
3. Organized Crime;
4. Terrorism; and
5. Weapons of Mass Destruction.

ElBaradei's closing remark starkly opposes the danse macabre of California business and political leaders.

Imagine what would happen if the nations of the world spent as much on development as on building the machines of war. Imagine a world where every human being would live in freedom and dignity. Imagine a world in which we would shed the same tears when a child dies in Darfur or Vancouver. Imagine a world where we would settle our differences through diplomacy and dialogue and not through bombs or bullets. Imagine if the only nuclear weapons remaining were the relics in our museums. Imagine the legacy we could leave to our children.

Imagine that such a world is within our grasp.

Probably, AlBaradei had in mind the anniversary of John Lennon's murder two days earlier.

"Imagine," Lennon sang:

Imagine there's no Heaven
It's easy if you try
No hell below us
Above us only sky
Imagine all the people
Living for today

Imagine there's no countries
It isn't hard to do
Nothing to kill or die for
And no religion too
Imagine all the people
Living life in peace

You may say that I'm a dreamer
But I'm not the only one
I hope someday you'll join us
And the world will be as one

Imagine no possessions
I wonder if you can
No need for greed or hunger
A brotherhood of man
Imagine all the people
Sharing all the world

You may say that I'm a dreamer
But I'm not the only one
I hope someday you'll join us
And the world will live as one

The song is an anthem for all those in the world who resist war and a view of science that holds that its greatest prestige is in the technology of mass destruction.

Notes:

www.austinchronicle.com/cols_ventura.html

I read the news today, of course, oh boy. Last year there were 21,256 murders in the United States of America. The number, and the percentage, is so staggeringly more than anywhere else in the world that you can't help but think we're at war with each other. The great majority of these people were killed not by burglars or muggers but by people they knew. We are at war with people we know. One broadcast said that what's-his-name – I don't even want to type his name – who killed John Lennon identified so strongly with Lennon that at times he used Lennon's name. He killed himself. -- Michael Ventura (LA Weekly article, December 1980)

Los Alamos in the right hands...Editorial
http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2005/12/23/EDGU6GBNVD1.DTL&type=printable
AWARDING A NEW contract to the University of California for management of the Los Alamos National Laboratory is good for the nation -- as much as it upholds California's long-standing scientific renown. Keeping UC in charge of the nuclear weapons program it helped inaugurate more than six decades ago serves to recognize the university's unique credentials in a field vital to national security. UC was teamed with the Bechtel Corp. and a pair of other partners to win out over a bid submitted by Lockheed Martin Corp., the biggest arms-maker, and the University of Texas. The new seven-year contract is worth up to $512 million, but its greater importance to UC is the scientific prestige.

UC wins fight for Los Alamos - The Deal - University beats Lockheed Martin-Texas bid to manage nation's top nuclear weapons lab...Keay Davidson, Zachary Coile
http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2005/12/22/MNG60GBT651.DTL&type=printable
The University of California, besieged by criticism over its management of Los Alamos National Laboratory, beat back a strong challenge Wednesday from a team headed by Lockheed Martin Corp. and the University of Texas for control of the storied weapons lab it has run for over six decades. The actual decision, Bodman said, was made by Tom D'Agostino, assistant deputy administrator for defense programs at the National Nuclear Security Administration, a quasi-independent agency that oversees the nuclear weapons department for the Energy Department. Loss of the contract by the UC group, officially known as Los Alamos National Security LLC, could have hurt not only UC but California's reputation as a world center of scientific and technological excellence. Danielle Brian, head of the Washington-based Project on Government Oversight, a frequent Energy Department critic, asked: "What does it take for UC to suffer the consequences of screwing up? Lockheed wasn't a great alternative, but it is hard to see how UC could possibly have been given a vote of confidence. We expect a continuation of the era of chaos at Los Alamos."

UC's problems at Los Alamos Lab...
http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2005/12/22/MNG60GBT5H1.DTL&type=printable
From January 2003 to present

UC wins fight for Los Alamos - The Implications: Bechtel partnership will put lab on a more businesslike footing...James Sterngold
http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2005/12/22/MNG60GBT691.DTL&type=printable
Now, the famed lab faces a challenge it has long resisted: the need to change fundamentally -- from an intellectual institution devoted to science, to a facility run more like a business whose product is nuclear weapons. "The academic and public service aura of 63 years of UC affiliation with Los Alamos ... may ultimately be compromised to some degree, as yet unknown, by the profit motive of a corporation, to whose pockets will flow an extra load of national debt from American taxpayers of the future," Brad Lee Holian, a Los Alamos scientist, wrote in a popular employee blog. But most inside the lab and outside understand that Washington has embraced an approach to nuclear weapons that will have a deep impact not only on Los Alamos but also on its sister institution, the Lawrence Livermore National Laboratory.

Contra Costa Times
Partnership won't affect lab's research...Matt Krupnick
http://www.contracostatimes.com/mld/cctimes/email/news/13473171.htm?template=contentModules/printstory.jsp
Michael Anastasio said the public-private coalition is "positively, deeply" committed to scientific research. "Basic research is the fundamental core that we bring to the country," said Anastasio, who will step down as head of Livermore National Laboratory to take the new job. "This is not a de-emphasis on science. If we do this well, this will actually enhance the science we do." The university's next challenge is competing for management of the Livermore lab,... Also Thursday, the Department of Energy announced it would fine a contractor more than $190,000 for exposing its employees to radiation while removing waste from Livermore National Laboratory in 2004.

Hairstylists coiffed the atomic hairdo. Revelers danced to the "Atomic Bomb Bounce." Hotel marquees listed detonation times. And Candy King was crowned Miss ...
www.lvlife.com/2000/01/then/story01.html

UC hush money?...Editorial
http://www.sacbee.com/content/opinion/v-print/story/14006719p-14839657c.html
Every few years, the University of California mires itself in another set of scandals over outrageous pay and perks for top UC administrators. The latest scandals, brought to light by the San Francisco Chronicle, have created a stench that now stretches from the office of UC President Richard Dynes to the office of UC Davis Chancellor Larry Vanderhoef. Now we learn that UC paid Celeste Rose, a former UC Davis vice chancellor, to go away, keep her mouth shut... "separation agreement" not a litigation settlement...At the best, UC officials are playing word games in claiming this payoff didn't require top-level review. At the worst, they broke UC rules or exploited a vague policy the regents need to clarify. President Dynes, stop making excuses. Release the numbers.

UC's paid leaves called 'Betrayal," Regents' edict ignored, 3 top managers were given lucrative furloughs in violation of university policy...Todd Wallack, Tanya Schevitz
http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2005/12/23/MNG6DGCJ9T1.DTL&type=printable
More than a decade after promising to end the practice, the University of California has given several top administrators lengthy paid leaves when they stepped down. In the past 13 months alone, at least three senior managers have received paid furloughs at their executive salaries before returning to teaching. UC granted the leaves despite a policy approved by the university's governing Board of Regents in 1994 limiting paid administrative leaves for senior managers to a maximum of three months. The regents reaffirmed the limit in September. UC spokesman Paul Schwartz said the senior managers who received the leaves were tenured faculty members, who otherwise would have qualified for yearlong academic sabbaticals at their faculty pay. The charge is the latest in a string of accusations that UC hid perks and pay from the public and lawmakers. The revelations come at a time when the university has said budget constraints have forced it to boost student fees, cut services, increase class sizes and freeze pay for thousands of lower-paid workers.

nobelprize.org/peace/laureates/ 2005/elbaradei-lecture.html - 14k - Dec 22, 2005

Lübeck's dance of death (as all other dances of death) were inspired by The Black
Death.
www.dodedans.com/Epest.htm

www.merseyworld.com/imagine/lyrics/imagine.htm

lanl-the-real-story.blogspot.com/

UCI misled Liver Unit regulators on staffing...Alan Zarembo, Charles Ornstein12-21-05
http://www.latimes.com/news/printedition/la-me-uci21dec21,1,5056965,print.story
As regulators threatened to close the troubled liver transplant program at UCI Medical Center last year, the hospital's chief executive provided false information to keep the unit running, according to a government document. Details of how UCI misled regulators were included in a letter sent Monday from the U.S. Health Resources and Services Administration to Sen. Charles Grassley (R-Iowa), chairman of the Senate Finance Committee, who is investigating inequities in the national transplant system. The troubles caught up with UCI last month, when the federal Medicare program announced it would stop paying for transplants. The program closed the same day.

Holding UC accountable...Editorial
http://recordnet.com/apps/pbcs.dll/article?Date=20051223&Category=OPED01&ArtNo=512230354&SectionCat=&Template=printart
Scrutiny of University of California admnistrators is intensifying. Rightfully so. Something must be done or UC will lose what Regents Chairman Gerald Parsky describes as its "unique public trust." Californians, thousands of whom sacrifice to educate their sons and daughters, deserve to know what's been going on and how university officials are going to control and justify compensation packages of top-level administrators. Especially those who no longer have jobs to perform but still are being paid. The more scrutiny the better.

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