9-10-08

Posted by Anonymous (not verified) on Wednesday, 10 September 2008

 9-10-08Merced Sun-StarPublic NoticeNOTICE OF SPECIAL PLANNING COMMISSION MEETING CITY OF LIVINGSTONhttp://www.legalnotice.org/pl/mercedsun-star/ShowNotice.aspxNOTICE OF SPECIAL PLANNING COMMISSION MEETING CITY OF LIVINGSTON To All Interested Parties: NOTICE IS HEREBY GIVEN that the Planning Commission will hold a Special Meeting on the following item: The public comment period for the Revised Public Draft 2025 General Plan and Draft Environmental Impact Report (EIR) began on July 16, 2008, and ended on August 29, 2008. The Planning Commission will discuss this Plan, the EIR, the submitted comment letters and the responses and make recommendation to the City Council. Planning Commission Special Meeting: Tuesday, September 23, 2008, at 7:00 pm The Special Meeting will be held in the City Council Chambers, 1416 C Street, Livingston. For additional information, please contact: Planning Department, City of Livingston, 1416CStreet, Livingston, CA 95334, or call (209) 394-8041, Ext. 112. Dated: September 5, 2008 /s/ BETTY COTA Deputy City Clerk Legal LC 08-1924 September 10, 2008 Former city employee sues Livingston...SCOTT JASONhttp://www.mercedsunstar.com/167/story/445750.htmlLivingston's former public works director filed a wrongful termination lawsuit alleging that he was fired for questioning the city manager's decisions that he believes put the City Council's interests ahead of the residents. Specifically, he asked City Manager Richard Warne why a water pipe replacement project was modified to benefit some council members and why he was stalling politically charged water rate hikes until after the election.Former Public Works Director Paul Creighton's bombastic lawsuit, filed Sept. 2, comes three months after City Manager Richard Warne abruptly fired him with the plan to take the city in a different direction.It's also two months before the November election, a contentious race that could radically change the face of the City Council. Four of the five seats are available, and five people are running against the four incumbents.Some residents have consistently criticized the council, and the lawsuit could further sway what voters think when they head to the polls.Creighton, who was hired by Livingston in 2004, asks that the jury force the city pay him damages, back pay and give him his job back.He alleges that his First and 14th Amendment rights, free speech and association, were violated when he was fired.Creighton alleges that Warne consciously delayed bringing much-needed water increases to the City Council until after the upcoming election...Creighton's lawsuit also alleges that Warne changed water pipe replacement plans that appeared to benefit current and former City Council members, while costing the taxpayers more. The lawsuit does not name the officials, and Creighton declined to identify them.Also, according to the lawsuit, a well tested positive for coliform, a bacteria, in January and needed to be shut down and replaced. The city couldn't afford a new one unless rates increased...The city's latest test shows the well free from coliform. A well did test positive for coliform in late May, Warne said, but it cleared the second test.Creighton pressed the issue of the contaminated well in June, the lawsuit alleges, bringing his concerns to Mayor Pro Tem Bill Ingram and Councilman Rod Espinoza. Days later, he was fired by Warne without much explanation. The lawsuit is scheduled for a conference in February.Unabashed honesty from City Hall...Scott Jason, Reporters' Notebookhttp://notebook.mercedsunstar.com/unabashed_honesty_from_city_hallInterim City Manager Jim Marshall wrote a memo to all city employees a couple weeks ago reinforcing how the bleak economy affects Merced.Though he's already a foot out the door, it shows he still cares deeply about the city and its workers. And, most importantly, he doesn't want them to be blind-sided in the coming months when a new boss starts. The message he sends is clear: These are difficult times, and everyone must expect the worst.I post this because I think the information is just as valuable to readers. The city provides the services we pay for, and in tight times, the services can be strained or slow down. Marshall notes that there will be more scrutiny of how City Hall operates because of the economy. The memo is available in PDF. Here's the text:August 21, 2008From: James G. Marshall, Interim City ManagerSubject: The Economy and the City of Merced As the City Council completes its selection process for mwplacement, I want to take a moment to thank you for your support; and, to leave a clear picture of what you might expect as we move forward.Personally I feel like I have come full circle (actually it may be two or three complete laps!). When I came to Merced in 1992,the economy was in a very similar state as it is today. There was great uncertainty, an inability to accurately project economic impacts, and a State that believed (and continues to believe) that it can pick the pockets of local government at-will. For as much as things change, they somehow seem to stay pretty much the same.In a recent Modesto Bee article (August 15)the following was reported:"Real earnings are in decline... ...consumer prices are on the rise more job losses are on the way things will get worse before they get better 12 month inflation rate of 5.6%, the highest since 1991, the last time we saw a decline like this."...So how does this affect you as an employee of the City of Merced? Let me answer that by saying you have an obligation to be aware of what is happening and be prepared to adjust your goals, plans, and objectives as the need arises. Given the high rate of unemployment in our region, you will be under more than the normal public scrutiny. People will expect more from you. Many of you have heard me say in employee orientation that the diversity that plagues our community most is not ethnic, cultural, or racial - it is economic. As unemployment rises, as our dollar purchases less, the economic diversity will widen. Public employees often become targets during such times...Pensions can be government's downfall...George F. WillPerspective  Merced Sun-Star  Wednesday, September 10, 2008Vallejo - Mayor Osby Davis, who has lived in this waterfront city across San Pablo Bay from San Francisco for 60 of his 62 years, says: "If you have a can that's leaking two ounces a minute in it, it's going to get empty."...Its crisis - a cash flow insufficient to cover contractual obligations...Vallejo is an ominous portent for other cities, and some states, few of which are accumulating financial resources sufficient to fulfill pension promises that have made to their employeesAre you weary of worrying about the crisis du jour -- subprime mortgages and all that?Get a head start on worrying about the next debacle by reading Roger Lowenstein's new book, "While America Aged: How Pension Debts Ruined General Motors, Stopped the NYC Subways, Bankrupted San Diego, and Loom as the Next Financial Crisis.""Next"? It has arrived in Jefferson County, Ala., which includes Birmingham...When San Diego was in the process of earning the sobriquet "Enron by the sea," firemen could retire at 50 with 90 percent of their pensions... Credit Suisse estimates that state and local governments have a cumulative $1.5 trillion shortfall in commitments for retiree health care. But it is the pension crisis that most dramatically illustrates Lowenstein's thesis about the slow accretion of power by the unions. Pensions "are a perfect vehicle for procrastination; in the financial world, they are the most long-enduring promises that exist."Human nature - the propensity to delay the unpleasant - rears its ugly head: When pension benefits come due, the people who promised them, thereby buying labor peace and winning elections, are long gone...A lawyer for Vallejo says the unions will have to negotiate a "plan of adjustment." Other cities are watching, perhaps including the one across the bay...UC Merced, Korean university become partnersAgreement facilitates improved access and more open exchange between the two institutions...DANIELLE GAINEShttp://www.mercedsunstar.com/167/story/445761.htmlUC Merced's School of Engineering signed an agreement of cooperation Tuesday with the School of Electrical and Computer Engineering at South Korea's Chungbuk University.The agreement allows for exchange of faculty and students; joint research; and exchange of academic materials and information with Chugbuk's School of Electrical and Computer Engineering...Modesto BeeDiablo Grande sale gets approval$20 million deal expected to close in October; judge set to issue ruling Friday...TIM MORANhttp://www.modbee.com/local/story/424589.htmlSACRAMENTO -- A U.S. Bankruptcy Court judge Tuesday approved the sale of the massive Diablo Grande development for $20 million to World International LLC.World International is a corporation reportedly formed by partners who are Mexican nationals with broad ex- perience in resort, hotel and industrial development, with properties in Cancún, Mexico City and Cabo San Lucas. But little information is available on the group."It's a very repu- table company with other similar developments," said attorney Michael Ahrens, who represents the partnership that owns Diablo Grande in western Stanislaus County...The sale is expected to close Oct. 2, pending approval by various creditors.The deal also hinges on Judge Robert S. Bardwil's approval of a settlement agreement that describes how the proceeds from the sale will be distributed to creditors. Bardwil is expected to reveal his ruling Friday, at which time he will consider a motion for another loan to keep the resort development operating until the sale can close...The resort has continued to lose money, which led the partnership, headed by pharmaceutical entrepreneur Donald Panoz, to try to sell the property in an auction. Four bids were received and World International's was the highest, Ahrens said.World International also has agreed to pay up to $1 million to resolve debts with contractors such as Western Hills Water District, according to Ahrens. The buyer would pay separately for items such as the golf-related equipment, winery equipment and the liquor license at the clubhouse, according to the sale agreement. Those items are owned by companies affiliated with the Diablo Grande partnership.Lawyer: Firefighter housing iffy... Bank wouldn't get all its $20M...Friday's hearing will be at 10 a.m. in U.S. Bankruptcy Court in Sacramento. The judge will consider the final sale agreement, the settlement agreement and the interim loan.Tivoli annexation leaps last barrier...ADAM ASHTONhttp://www.modbee.com/local/story/424606.htmlModesto's first large annexation since 1997 has cleared its last hurdle and is nearly part of the city.Residents had until the end of August to submit protests against the city's annexation of Tivoli, a 471-acre area north of Sylvan Avenue that one day could contain as many as 3,200 homes.Marjorie Blom, chief executive of the county agency with the final say on growth, said no one submitted a protest against the proposal.Modesto and the county's Local Agency Formation Commission have some paperwork to wrap up, but otherwise, the annexation is a done deal.The City Council voted to annex the Tivoli area in February. Six months later, the proposal sailed through LAFCO.Tivoli's backers have worked for nearly a decade on the proposal...City officials don't expect much residential development in the Tivoli area in the near future...Fresno BeeNew ideas for saving ag waterTax exemptions for irrigation equipment is one of several proposals...Dennis Pollockhttp://www.fresnobee.com/business/v-printerfriendly/story/855954.htmlFarmers in the hard-hit Westlands Water District have shelled out an estimated $500 million on water-saving measures in the past decade. But more can be done, said one of the authors of a report issued this week that touts water-saving alternatives to building reservoirs. "We acknowledge there have been significant developments in efficiency, and we looked at accelerating that trend," said Heather Cooley, who helped draft the report by the Oakland-based Pacific Institute. The institute came out with a laundry list of steps that would require significant policy changes and could cost farmers and government agencies millions more...The list is lengthy, and Cooley said the institute will issue a report early next year "looking closer at the costs for those recommendations."Farmers on the central San Joaquin Valley's west side say they already have made considerable strides toward saving water, notably switching in recent years from furrow or flood irrigation to drip irrigation that puts the water only where it will benefit the crop. And they say they have gone about as far as they can in that regard and the notion of "conserving their way out of a drought" is flawed."If that were the case, they would already have done it," says Fresno County grower John Diener, who has become something of a poster figure for saving water on the farm, working for about a decade with local, state and federal researchers on an irrigation system that captures and reuses irrigation water.Farm leaders were quick to respond to the report. "Farmers will continue to increase water use efficiency," said Jasper Hempel, executive vice president of Western Growers in Irvine. "But increased water-use efficiency is not a substitute for the needed improvements in water storage or conveyance." California Farm Bureau Federation President Doug Mosebar said that while "improved efficiency of water use will certainly be a key in meeting California water needs," a wide variety of strategies will be needed, including water recycling and new water storage. California Secretary of Agriculture A.G. Kawamura said agriculture "is doing its part" to address the water crisis... Air board seat needs fillingGoverning board was supposed to grow to 15; it's still stuck at 11...Editorialhttp://www.fresnobee.com/opinion/v-printerfriendly/story/856395.htmlAn uphill fight to expand the board of the Valley air district ended successfully last October, when Gov. Arnold Schwarzenegger signed legislation to add four new members. At least, we thought it ended successfully. Now, 11 months later, the governor has made only one of two appointments he's required to make to the board of the San Joaquin Valley Air Pollution Control District. Another bill that sorts out how two more representatives of Valley cities are chosen for the board has stalled because of the governor's vow to sign no bills until there's a budget deal. In April, the governor appointed Dr. John Telles, a Fresno cardiologist, filling the spot reserved for a doctor under the bill he signed last year. But the post reserved for a scientist with expertise in air quality issues has gone unfilled, even though at least two highly qualified candidates have submitted their names for consideration.A major thrust of SB 719 was to introduce scientific and medical perspectives to a board dominated by elected supervisors from the eight counties that make up the district. The addition of two more city representatives, for a total of five, was also meant to bring more balance to a board heavily weighted in favor of rural interests. The original board makeup included three city representatives, rotated among all the Valley's cities. That meant that, for long periods, major cities such as Fresno, Bakersfield and Stockton could be without representation. The problem is that the League of California Cities, which had undertaken the chore of selecting city representatives, backed out of that role when legal threats over its processes arose.To address the need, state Sen. Dean Florez, D-Shafter, offered SB 1548, which would establish a selection committee of city council members from around the air district to pick the two new city representatives. It's an effective solution. But the bill awaits the governor's signature, held hostage by the budget crisis in Sacramento.As things now stand, there are only two city representatives on the air board, Chris Vierra of Ceres and Henry T. Perea of Fresno. Arvin City Council Member Raji Brar left the board when she resigned her council seat recently. Thus, a governing board that was supposed to grow from 11 to 15 -- and be more representative of Valley residents -- is still stuck at 11, and without the crucial input of two representatives from the Valley's largest cities and a qualified scientist. One of the consequences of Schwarzenegger's ill-advised vow to stall all legislation may be further delay in signing SB 1548. That's too bad. But there's no reason at all for waiting any longer to fill the air board seat reserved for a scientist. We've already waited long enough. Stockton RecordSplit council OKs Brown planStockton settles dispute with attorney general...David Sidershttp://www.recordnet.com/apps/pbcs.dll/article?AID=/20080910/A_NEWS/809100329STOCKTON - A divided City Council late Tuesday settled its dispute with state Attorney General Jerry Brown and environmentalists over Stockton's growth-governing General Plan, agreeing to consider green building standards and to otherwise reduce the impact of new development on the environment."We are at a historic juncture here, and I hope that you're on the verge of approving this far-reaching settlement," the Sierra Club's Eric Parfrey said minutes before the council adopted the deal.The Sierra Club had filed - and Brown had threatened to join - a lawsuit claiming the General Plan blessed sprawl and would harm the environment. The planning document, adopted in December, calls for Stockton's population to about double by 2035, with much of that population to be housed in subdivisions at the city limits.The council voted 4-3 to approve the settlement, which requires the council to consider imposing green building standards on the construction of new homes and commercial buildings, reducing greenhouse gas emissions attributable to growth and requiring that at least 4,400 homes be built downtown, with a goal of approving the construction of 3,000 of those homes by 2020...Tuesday's was the council's second consideration of the settlement, which it first tabled Aug. 26. City staff, Brown and the Sierra Club modified the deal after that meeting to make more flexible the application of green building standards and to remove a provision prohibiting the council from approving development north of Eight Mile Road before year's end, when environmentalists believe a council majority less sympathetic to development will be installed.Builders said those concessions were too little. On Monday, the Building Industry Association of the Delta requested that a judge block the council from approving the settlement. The BIA claimed it ought to have been a part of the agreement's negotiation, a claim San Joaquin County Superior Court Judge Lesley Holland denied...Delta abandons Lodi campus plansMountain House, Manteca properties in limbo over costs...Alex Breitlerhttp://www.recordnet.com/apps/pbcs.dll/article?AID=/20080910/A_NEWS/809100309/-1/A_NEWSSTOCKTON - A Lodi campus long envisioned by San Joaquin Delta College officials was scrapped Tuesday by trustees who are struggling to divvy up dwindling voter-approved bond money.Roughly $4 million had been spent planning the proposed 120-acre campus on Victor Road just east of town. On Tuesday, trustees voted 5-0 in closed session to abandon that campus...There's simply not enough money left from the Measure L bond to make every project happen, officials said. About $66 million remains to pay for three proposed satellite campuses: Mountain House, Lodi and Manteca.As originally planned, Mountain House alone would cost somewhere shy of $90 million.Still in limbo are the Mountain House and Manteca campuses. College officials say it's too late to turn back on Mountain House, but the campus will have to be scaled down from the original plans.Roach and college administrators gave trustees a range of options Tuesday night, with a final decision to be made in October...While college officials say it's too late to pull the plug on the controversial Mountain House campus - a civil grand jury alleged in June that the board wasted millions by building there instead of Tracy - some observers disagree."It's not too late. We haven't gone too far," former Delta administrator Mary Ann Cox told the board Tuesday night. She is seeking a seat on the board in November.Delta President Raul Rodriguez said the college is "so far into this now, it's going to be very hard" to pull out of Mountain House.Water can't be delivered to Trinitas development within 5 years (11:39 a.m.)...The Recordhttp://www.recordnet.com/apps/pbcs.dll/article?AID=/20080910/A_NEWS/80910004SAN ANDREAS – Calaveras County Water District will soon warn county land-use planners that it is simply not possible within five years to pipe surface water to the Trinitas golf course development near Wallace.Water District directors Wednesday also expressed irritation that no one with the county government consulted with the district before issuing an environmental report that calls for such a water system as one of the mitigation measures to be required for the 280-acre golf resort and luxury home development on Ospital Road just east the San Joaquin County line."I have a high level of frustration with the county for many reasons, and this is just one of them," said Calaveras County Water District Director Jeff Davidson... San Francisco ChronicleGroups challenge new Sierra logging rules...Bob Egelkohttp://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/09/10/BA5R12R6MS.DTLEnvironmental groups accused the Bush administration in a lawsuit Tuesday of changing the rules for protection of threatened wildlife to promote logging in national forests that cover nearly 10 million acres in the Sierra.Four conservation groups asked a federal judge in San Francisco to overturn a U.S. Forest Service decision in December that scaled back the agency's duty to monitor and protect designated species.The animals and plants are considered "indicator species" that reflect the overall health of the forest. By law, the Forest Service must study the populations of each species and set goals to maintain the creatures and their habitats before considering tree cutting and road building in 10 national forests in the Sierra.The new rules reduce the number of species to be monitored from 60 to 13 and allow the Forest Service to approve logging before studying any indicator species in the area, the suit said. Among those eliminated from the indicator list, environmental groups said, were the bighorn sheep, the Northern goshawk and the endangered California condor.That constituted "an attempt to increase logging of the Sierra's ancient forests at the expense of its wildlife," said Erin Tobin of the nonprofit legal group Earthjustice, which sued on behalf of Sierra Forest Legacy, the Center for Biological Diversity, the Sierra Club and Defenders of Wildlife. She said the Forest Service has invoked its new rules to try to dismiss lawsuits over logging in the forests. The administration "eliminated an important safety net for Sierra forests and wildlife," said Craig Thomas of Sierra Forest Legacy...The suit contended, however, that the decision represented a dramatic shift in Forest Service management of woodlands and increased the likelihood of harm to endangered creatures. The plaintiffs claimed that the Forest Service was violating environmental and endangered-species laws and challenged an agency study that concluded the change would have "no ecological effect."EPA to develop stricter standards for ocean water...ERICA WERNER, Associated Press Writerhttp://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2008/09/10/national/w103928D33.DTL&hw=epa&sn=001&sc=1000Beachgoers will be told more about whether it's safe to go in the water under a court settlement between environmentalists and the EPA.The settlement requires the Environmental Protection Agency to develop criteria by 2012 to protect the public against a wider range of potential health hazards from ocean swimming than provided by existing standards.Currently EPA criteria for the safety of ocean water is based on the likelihood of contracting gastrointestinal ailments.The settlement requires EPA to base its criteria on more illnesses, including hepatitis, skin rashes, ear infections and pink eye. EPA will also have to deliver results of sea-water tests the same day they're done, so the public can have more timely and accurate information...EPA has not updated ocean pollution criteria since 1986. The NRDC sued EPA over the issue in 2006 after the agency failed to meet congressionally mandated deadlines to do so. The settlement was filed Friday in federal court in Los Angeles...While EPA develops the criteria for whether sea water is deemed safe or not, states and local jurisdictions make their own decisions about how and when to post warnings and close beaches, based on the EPA criteria. Testing is done by local jurisdictions and sometimes even volunteers and usually happens about once a week.Announcement of the settlement follows publication of the NRDC's 18th annual beach water quality report, which found that in 2007 U.S. ocean, bay and Great Lakes beaches logged more than 20,000 closing and advisory days, the second-highest number ever.US Sugar Everglades land sale delayed over details...BRIAN SKOLOFF, Associated Press Writerhttp://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2008/09/10/national/a084453D63.DTL&hw=wetlands&sn=001&sc=1000A gigantic land deal for a territory larger than the city of Chicago, intended to help restore the dying Everglades, has been delayed as both sides work out details of the proposal for the state to buy some 300 square miles from U.S. Sugar Corp, officials said Wednesday.Declaring the proposal "as monumental as the creation of our nation's first national park," Republican Gov. Charlie Crist made the announcement about the deal in June while standing in the Everglades.The initial announcement said the state would buy some 300 square miles of U.S. Sugar's holdings in the Everglades south of Lake Okeechobee, including its cane fields, mill, refining facilities, citrus groves, and railroad line.U.S. Sugar would be allowed to farm the 187,000 acres for six more years, after which it would go out of business, leaving some 1,700 workers unemployed.The state would then protect the land from development, which has been encroaching on the Everglades for decades.Officials said in June they planned to sign a contract on the deal by November.It likely won't happen now until sometime in 2009, according to officials with the South Florida Water Management District, which oversees Everglades restoration for the state...For generations, farming and development have blocked the natural flow of water and allowed fertilizers and other pollutants to spill into the wetlands, slowly killing the ecosystem.But just how long it will take to seal the deal remains unclear...The multibillion Everglades restoration effort, bogged down for years by bureaucracy, funding shortfalls and missteps, is the largest of its kind in the world. It is aimed at undoing or rerouting decades of flood-control projects that were built to make way for houses and farms.Berkeley tree-sitters finally down to earth...Carolyn Joneshttp://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/09/09/BAMD12QPGR.DTLWith a short jump onto a scaffolding platform, four tree-sitters peacefully ended a 649-day standoff with UC Berkeley on Tuesday over the university's plan to cut down a grove of trees to build an athletic training center.The protesters voluntarily climbed down from an 80-foot redwood next to Memorial Stadium about 1:30 p.m. after four hours of negotiations with UC Police Chief Victoria Harrison as she hung in a basket suspended from a 200-foot-tall crane...Protesters said they decided to come down when university officials agreed to include the community in future land-use decisions. The tree-sitters had also asked the university to donate $6 million to environmental and Native American groups and give them the stump from their favorite tree from which they would create a drum. The university earlier agreed to give up the stump but later withdrew the offer when talks stalled. University officials said they did not bargain with the tree-sitters but had already planned to engage the community in future land-use decisions. Emotional responses...The protesters hoped to save 40 or so oaks, redwoods and other trees in the 1.2-acre grove... Protesters seem relieved...Trees of contention...Mercury NewsPalo Alto and Redwood City stay out of political battle over high-speed rail bondIF HIGH-SPEED RAIL BOND PASSES, ONE GETS SERVICE...Will Oremus, Bay Area News Grouphttp://www.mercurynews.com/peninsula/ci_10421191Though they've both endorsed high-speed rail in concept, Palo Alto and Redwood City intend to continue staying out of the political fray ahead of the November election.But if voters statewide approve the $10 billion bond measure, both cities will face a big decision. They're the presumptive front-runners for the rail line's only stop between San Jose and Millbrae. Only one of the two cities will be selected, said Mehdi Morshed, executive director of the California High Speed Rail Authority.The choice will depend on a number of factors, but chief among them is which city most wants the stop. Once the state budget eventually passes and frees up money for consultants, "We'll sit down and discuss the plans in detail with every city, every community, everybody who has an interest in this corridor," Morshed said.The discussions will include not only where to place stops but how to build the railroad — that is, whether on a bridge or in a trench. Downtown Palo Alto would be a logical stop for the train, said Gayle Likens, the city's transportation manager.It's the second-most popular stop on the Caltrain line, behind downtown San Francisco, and offers easy access to Stanford University.Still, Likens said, there would need to be some serious discussion before Palo Alto decides to actively compete for a stop. One big question is how much parking would be required. Palo Alto Councilwoman Yoriko Kishimoto said she is excited about the possibility of a high-speed stop but would not want to see a big parking garage like the one in Millbrae. "If it's a model where people take shuttles to Palo Alto to catch it, or they take Caltrain, then it makes a lot of sense," Kishimoto said. "The general feeling I get is that the people in Palo Alto are quite supportive of high-speed rail."She said she's considering calling for a public city council discussion on the issue to see whether a formal resolution is warranted.In Redwood City, several local leaders have endorsed high-speed rail in their capacities on regional transit boards, but the city itself has not taken a stand on the bond issue. Nor has it decided whether it would want a stop, said Mayor Rosanne Foust. "Because the train bisects our downtown, we want to make sure that anything that would happen will be a positive and not a negative," she said. "I feel like we have to be open and take a look at it after the election." Monterey HeraldEndangered salmon stranded in Marin County creeks...The Associated Presshttp://www.montereyherald.com/state/ci_10428734MARIN COUNTY, Calif.—Volunteers are being sent to Marin County to rescue endangered coho salmon and threatened steelhead trout that have become stranded in stagnant pools. Biologists say a statewide drought is drying up creeks throughout Marin County, which has one of California's largest remaining wild coho salmon populations. A nonprofit group called the Salmon Protection and Watershed Network is sending volunteers with buckets out to local creeks to rescue the marooned fish. But without a permit from the federal government, the group cannot remove fish from San Geronimo Creek, which is an important creek for coho salmon. The group is working with the National Marine Fisheries Service to resolve the issue. Los Angeles TimesCalifornia environmentalists sue U.S. over slashing of 'indicator species' listGroups contend that the Forest Service's shrinking of the threatened species list from about 60 to 13 is an attempt to boost logging in the Sierra Nevada...Eric Baileyhttp://www.latimes.com/news/science/environment/la-me-sierra10-2008sep10,0,568246,print.storySACRAMENTO — - Environmentalists on Tuesday sued the Bush administration over what they contend are efforts to boost Sierra Nevada logging by undercutting a key early warning system that guards bellwether species.The lawsuit filed in U.S. District Court in San Francisco contends that a policy shift by the U.S. Forest Service last December abandons its stewardship responsibilities by slashing the list of 60 or so "indicator species" to only 13.Among those hit are the Sierra bighorn sheep, the endangered California condor and the northern goshawk, a raptor species. Eleven threatened or endangered species were removed from the list, including the Central Valley spring run chinook salmon and the Lahontan cutthroat trout...The Forest Service has maintained that the oversight changes were justified because the process of monitoring such species over the last quarter of a century had in many cases proved unworkable.John Heil, a spokesman for the Forest Service's Pacific Southwest Region, said populations of many of the indicator species, such as red fox, wolverine and willow flycatcher, were too sparse to use as measures of forest health...But environmentalists say the Forest Service is shutting its eyes to its responsibility to ensure healthy and well-distributed populations of plants and animals up and down the 400-mile range shadowing California's eastern edge.Erin Tobin, an associate attorney with Earthjustice, the nonprofit environmental law firm that filed the suit, said the change is "part of a trend" toward minimizing roadblocks to logging or other commercial activities in the forest.The policy shift also allows logging to begin before determining what effect it will have on imperiled creatures.Earthjustice filed the lawsuit on behalf of Sierra Forest Legacy, the Center for Biological Diversity, the Sierra Club and Defenders of Wildlife. Ten forests encompassing nearly 10 million acres of timberland were hit by the rule change: Eldorado, Inyo, Lassen, Modoc, Plumas, Sequoia, Sierra, Stanislaus and the Tahoe National Forests, as well as the Lake Tahoe Basin Management Unit.San Diego Union-TribuneWater agency may kill growers' discountMetropolitan plan could curb harvest...Mike Lee http://www.signonsandiego.com/news/metro/20080910-9999-1m10water.htmlThe Metropolitan Water District plans to end a 14-year-old program that gives discounted rates to farmers in Southern California. The move is likely to reduce the amount of food produced in the region. Growers in San Diego County account for about two-thirds of the water sold through the program, which offers lower prices in exchange for supply cutbacks during dry years.Some growers are willing to pay higher rates for a more reliable water supply, while others – particularly avocado farmers – said losing the discounts will make it hard to stay in business in an era of quickly rising costs for fuel and fertilizer...Under Metropolitan's program, growers obtain a price break by agreeing to have their water allotment cut by 30 percent or more when the region's supplies run low. This year was the first time that the agency imposed restrictions. Yesterday, the agency's board discussed phasing out the discount pricing over five years. A final decision isn't expected until October. The proposal allows farmers to opt out of the discount program in January. It also outlines new conservation incentives to help farmers who pay full price install highly efficient irrigation equipment. Metropolitan also might pay farmers to not irrigate some parcels. “If the program is going to end, at least this is a bit of a soft landing instead of an instant end,” said Eric Larson, executive director of the San Diego County Farm Bureau. He said the days are numbered for irrigation discounts because Metropolitan's board consists mainly of representatives for urban water districts that dislike giving farmers price breaks while the agency's reserves are dwindling and conservation mandates are growing. Jeffrey Kightlinger, Metropolitan's general manager, said the program for farmers no longer makes sense because the agency would have to impose restrictions almost every year given the drought and other water-supply constraints across California. He said there's still a future for agriculture in Southern California, but that farmers will have to select only high-value crops – such as flowers and strawberries – to cover their full-price water costs. Avocado growers face the toughest challenge because they have thin profit margins and typically lack other crop options, Larson said... Even farmers who opt to pay full price next year would be subject to any reductions in the regional water supply, just like non-farmers. That means growers could face another round of cutbacks next year unless a wet winter ends the statewide drought, said Dave Seymour, general manager at the Rainbow Municipal Water District in Fallbrook...  9-10-08Department of Water ResourcesCalifornia Water NewsA daily compilation for DWR personnel of significant news articles and comment…September 10, 2008 1.  Top Item  Low water warning for Lake TahoeNorth Lake Tahoe Bonanza- 9/10/08…By Tanya Canino, Editor As Lake Tahoe sinks toward its natural rim, area boat ramps are closing due to the low water level.The boat ramps in Kings Beach and Tahoe Vista closed after Labor Day, and the Sand Harbor boat ramp plans to close Monday, Sept. 15.“I wanted to get past this peak season before we close the ramp, but we are seeing people get stuck out there,” said Jay Howard, superintendent of Lake Tahoe-Nevada State Park, which includes the Sand Harbor facility.He said the four-lane, 50-foot Sand Harbor ramp has only 10 feet left in the water, and boulders and sand bars are making it difficult for boaters to launch. At this point, boat owners are dropping off the ramp in order to get their boats launched, which can beat up a boat as well as the ramp. The result is trailers getting stuck, the ramp being damaged, and even boat props being lost in the lake.“I’m very glad we made it past Labor Day this year and we were able to serve the public,” Howard said.On busy summer days, Sand Harbor launches about 150 boats a day. Closing the ramp after the Labor Day holiday affects less people, Howard said, adding that boaters can still launch at Cave Rock.The last time Sand Harbor closed its ramp was in 2004, just after the Fourth of July holiday.“It has happened a number of times since the park was developed in the 70s,” Howard said.Sand Harbor will erect a concrete barrier on one side and a removable gate on the other, just in case the ramp needs to be used for emergencies, he said.As for Ski Beach, the main boat launching point in Incline Village, it remains open as of today. At the last Incline Village General Improvement District board meeting (Aug. 27), Hal Paris, parks and recreation supervisor, reported that the Ski Beach boat ramp is being monitored daily because of the low lake level.On Tuesday, Paris said that remains the case for IVGID.“We have not yet established any type of closing date this season,” Paris said. “We’re encouraging boaters to pay attention and know the conditions before launching.”The Lake Forest Boat Ramp, next to the U.S. Coast Guard station, is down to one lane, according to Layne Van Noy, parks and recreation supervisor for the ramp’s operator, the Tahoe City Public Utility District.“We evaluate it daily,” Van Noy said.Area boat ramp closures mainly came after Labor Day after the lake dropped dramatically in just a few days.“It dropped significantly over Labor Day,” said Kathy Long, the parks and facility manager for North Tahoe Public Utility District, which owns the Tahoe Vista and Kings Beach boat ramps.High winds during the Labor Day weekend rapidly lowered the lake, according to Chad Blanchard, chief deputy water master in the federal Water Master’s office.Lake Tahoe dropped 18/100s of a foot over four days that weekend, he said.Tuesday’s lake level of 6224.04 elevation feet is only a foot above the natural rim, which was last recorded in January 2005. Depending on weather conditions, Blanchard expects Tahoe to be at its natural rim again in late November or December this year.Lake Tahoe has a 6.1-foot reservoir on top of its natural rim, which supplies downstream water. Already, the gates at the Lake Tahoe Dam in Tahoe City are wide open, and as the lake level lowers, water flowing into the river will have to be augmented by releases from Prosser and Boca reservoirs. Boca Reservoir is at 31,000 acre feet right now, but once it drops to 29,000 acre feet, that boat ramp will be dry as well, Blanchard said.Across Lake Tahoe, the City of South Lake Tahoe also closed the El Dorado Campground boat ramp, as people were driving 300 feet into the lake to launch, said Dennis Zabaglo, watercraft program manager of the Tahoe Regional Planning Agency.Not only is the water level affecting boat ramps, but the lack of inspectors for invasive species.Long said the TRPA asked if the NTPUD could close its ramps when inspectors are not present. The water levels forced the NTPUD’s boat ramps to close, but if it had not, the NTPUD would have closed the ramps because it cannot afford to pay staff to inspect boats, Long said.The TRPA has recently asked Tahoe’s 12 public and private boat ramp operators to close their ramps when inspectors for invasive species are not present. TRPA staff are currently developing code to make it mandatory to close boat ramps when inspectors are not present. Meetings are planned for early next week with the boat ramp operators to get their ideas and suggestions on how to accomplish this, Zabaglo said.#http://www.tahoebonanza.com/article/20080910/NEWS/809099957/1061&ParentProfile=1050 2. Supply –New ideas for saving ag water: Tax exemptions for irrigation equipment is one of several proposals. - The Fresno Bee- 9/9/08Report: Farmers could conserve more water - The Bakersfield Californian- 9/9/08 New ideas for saving ag water: Tax exemptions for irrigation equipment is one of several proposals.The Fresno Bee- 9/9/08…By Dennis Pollock Farmers in the hard-hit Westlands Water District have shelled out an estimated $500 million on water-saving measures in the past decade.  But more can be done, said one of the authors of a report issued this week that touts water-saving alternatives to building reservoirs.  "We acknowledge there have been significant developments in efficiency, and we looked at accelerating that trend," said Heather Cooley, who helped draft the report by the Oakland-based Pacific Institute.  The institute came out with a laundry list of steps that would require significant policy changes and could cost farmers and government agencies millions more. They include:  *Provide sales tax exemptions or rebates on efficient irrigation equipment.  *Provide property tax exemptions for farmers who upgrade to more water-efficient irrigation systems.  *Develop new legal mechanisms by which municipal water or state or local wildlife agencies could invest in farmers' irrigation systems in exchange for some portion of the water conserved.  *State and federal government agencies or energy providers would offer rebates or incentives to farmers who implement on-farm conservation measures.  *Reduce or realign subsidies for low-value, water-intensive crops to higher-value, less water-intensive crops.  *Make agricultural "efficient water-management practices" mandatory and enforceable by the state Water Resources Control Board.  The list is lengthy, and Cooley said the institute will issue a report early next year "looking closer at the costs for those recommendations."  Some of the recommendations -- including use of more drip irrigation or micro-irrigation -- can improve productivity and increase the return on investment, Cooley said.  Farmers on the central San Joaquin Valley's west side say they already have made considerable strides toward saving water, notably switching in recent years from furrow or flood irrigation to drip irrigation that puts the water only where it will benefit the crop.  And they say they have gone about as far as they can in that regard and the notion of "conserving their way out of a drought" is flawed.  "If that were the case, they would already have done it," says Fresno County grower John Diener, who has become something of a poster figure for saving water on the farm, working for about a decade with local, state and federal researchers on an irrigation system that captures and reuses irrigation water.  Farm leaders were quick to respond to the report.  "Farmers will continue to increase water use efficiency," said Jasper Hempel, executive vice president of Western Growers in Irvine.  "But increased water-use efficiency is not a substitute for the needed improvements in water storage or conveyance."  California Farm Bureau Federation President Doug Mosebar said that while "improved efficiency of water use will certainly be a key in meeting California water needs," a wide variety of strategies will be needed, including water recycling and new water storage.  California Secretary of Agriculture A.G. Kawamura said agriculture "is doing its part" to address the water crisis.  "Over the last four decades, the amount of water used on California farms has remained relatively level while crop production has increased more than 85% in the same period," he said. "In fact, California farms use water not just once but as many as eight times."  Stuart Woolf, who heads Woolf Farming Co. in Huron, told a congressional subcommittee that his father often jokes, "We work the water so hard it has blisters."#http://www.fresnobee.com/business/story/855954.html Report: Farmers could conserve more waterThe Bakersfield Californian- 9/9/08…BY STACEY SHEPARD AND COURTENAY EDELHART, staff writers Central Valley farmers could save an amount of water equal to the annual supply of 20 new reservoirs if they change how and when they irrigate and switch to less water-intensive crops, according to a report released this week by the Oakland-based Pacific Institute. The study is one of the first to explore how better water conservation on farms could help address statewide shortages. In response, farmers say they’re already doing their part, noting the amount of water used by the state’s farms is almost the same as 40 years ago, yet crops over that period have increased 89 percent. San Joaquin Valley growers alone have invested more than $500 million in improved irrigation equipment since 2004, according to the Agricultural Water Management Council. “Farmers are increasing their efficiency all the time,” said California Farm Bureau Federation spokesman Dan Kranz. "Certainly given our current circumstances it’s an increasing concern, but improved efficiency is just one key element along with recycled water and water storage and many other strategies.” The report’s lead author, Heather Cooley, agreed conservation is not a “silver bullet.” New dams and storage may be needed at some point. But decision-makers should know what low-cost solutions are available before spending billions on costly water-infrastructure, she said.  “The water savings from these exercises are far cheaper than any reservoir we can build and have fewer social and environmental impacts,” Cooley said.  In response to a statewide drought and court-ordered reductions in water exports from the imperiled Sacramento-San Joaquin Delta, lawmakers are now considering a $9.3 billion proposal by Gov. Arnold Schwarzenegger and U.S. Sen. Dianne Feinstein to build new dams, reservoirs and possibly a peripheral canal. Jim Beck, general manager of the Kern County Water Agency, which contracts for Delta water on behalf of local water districts, thinks the study should have taken a broader look at causes of the water shortages. “I think it unfairly targeted agriculture as the single solution for the state’s water woes,” he said. Cooley said the Institute had previously studied urban water conservation, finding that water use could be reduced by one-third with widely available technologies. Given that farms use 80 percent of the state’s developed water supplies, “we suspected there were some large savings available there as well.” She added: “We were also struck by the fact that no one had done a real assessment” of farm water use. Overall, the study found farmers could reduce water usage by 13 percent. That equals a water savings of up to 3.4 million acre-feet each year — enough water to fill Isabella Lake six times over.  To do so, the report recommends switching about 25 percent of water-intensive field crops grown in the state — such as cotton, rice, corn and alfalfa — to vegetables, which use less water and bring in more revenue.  It encourages farmers to use newer technology — weather data, soil monitors and computer models — to schedule precisely when and how much water to apply to crops rather than relying on visual inspection.  Farmers should also move away from flood irrigation by investing in drip irrigation systems and sprinklers.  While some of the recommendations require up-front costs to farmers, the study found that the strategies were cost-effective overall when you consider water savings, improved yields and other factors. Planting crops that require less water seems obvious, but that oversimplifies the reality of agricultural economics, said retired grower William Bolthouse Jr., whose family founded William Bolthouse Farms. “If you grew all cactus, I’m sure you could save some water, but it’s not economically feasible," he said. “Supply and demand dictates what people grow. We used to grow a lot of cotton, but demand dried up so people quit.” Bolthouse said he’d prefer to see available water sources managed better. The California Department of Food and Agriculture estimates drought-related crop losses as of this month are $259.8 million, up $14.5 million from July. Rangeland took the hardest hit, followed by cotton. Kern County suffered the second highest losses in the state with $69.5 million. Fresno County led the state with $73.5 million, in losses.#http://www.bakersfield.com/102/story/547703.html 3. Watersheds – Cold water rings dinner bell for West Coast salmonThe Associated Press – 9/10/08…By JEFF BARNARD A federal oceanographer says a flip-flop in atmospheric conditions is creating a feast for salmon and other sea life off the West Coast, reversing a trend that contributed to a virtual shutdown of West Coast salmon fishing this summer. Bill Peterson of NOAA Fisheries in Newport, Ore., said Tuesday the change in cycle of an atmospheric condition known as the Pacific Decadal Oscillation last fall has brought cold water flows from the Gulf of Alaska, which are carrying an abundance of tiny animals known as copepods that are the foundation of the food chain. It's unknown how long the good times will last, but Peterson said ocean surveys of chinook salmon in June found lots of yearling juveniles, which should grow up to be plentiful stocks of adults by 2010. Coho surveys start in a couple weeks. Peterson said last spring that he expected the rebound, and the confirmation of his expectations were reported by The Oregonian. While the cycle used to last as long as 20 years, it has lately taken about four years for conditions to change; but no one knows for sure what the future will bring, Peterson added. Ed Bowles, fisheries chief for the Oregon Department of Fish and Wildlife, said salmon that spend most of their time in the ocean close to the coast, such as fall chinook, coho and Willamette River spring chinook, should reap the greatest benefits, but crab, ling cod, rockfish, sea birds and other ocean life are rebounding as well. Bowles was cautious in his assessment. "Overall, we are seeing more years of poor ocean conditions than we are good," he said. "This is a welcome respite in what more typically has been discouraging news." Bowles added that Columbia River salmon have also benefited from court-ordered increases in the water spilled over hydroelectric dams, which speeds their migration downriver to the ocean and increases the number that survive. The Pacific Decadal Oscillation switched last November, developing into the most favorable conditions for West Coast fisheries since 1999, which was the gateway to several good years for fish, Peterson said. The boost in copepods meant more food for baitfish, such as sand lance and smelt, which are food for larger fish such as salmon. That changed in 2005, when starvation conditions developed for young salmon migrating from their native streams to the ocean. Three years later, there were so few adults that federal authorities practically shut down commercial and sport fishing off Oregon, Washington and California. Federal authorities are investigating a variety of factors that could have contributed to the collapse of salmon returns from British Columbia to California. One of the leading suspects is irrigation withdrawals from the Sacramento-San Joaquin Delta in California. Salmon from the Sacramento River saw some of the sharpest declines, and a federal judge is working to reduce the harm on young salmon from irrigation withdrawals from the Sacramento-San Joaquin Delta.#http://ap.google.com/article/ALeqM5ibLVYcDJgJZFW5xdPsBEqYrhnSugD933IR800 4. Water Quality –Nothing Significant 5. Agencies, Programs, People – Metropolitan plan could curb harvestThe San Diego Tribune- 9/10/08…By Mike Lee The Metropolitan Water District plans to end a 14-year-old program that gives discounted rates to farmers in Southern California. The move is likely to reduce the amount of food produced in the region. Growers in San Diego County account for about two-thirds of the water sold through the program, which offers lower prices in exchange for supply cutbacks during dry years.  Some growers are willing to pay higher rates for a more reliable water supply, while others – particularly avocado farmers – said losing the discounts will make it hard to stay in business in an era of quickly rising costs for fuel and fertilizer.  “I just don't see how the avocado industry can make it. I have been doing this for 34 years and it looks like this is the end of the road to me,” said Russ Hatfield, an avocado farmer in Fallbrook.  Under Metropolitan's program, growers obtain a price break by agreeing to have their water allotment cut by 30 percent or more when the region's supplies run low. This year was the first time that the agency imposed restrictions.  Yesterday, the agency's board discussed phasing out the discount pricing over five years. A final decision isn't expected until October.  The proposal allows farmers to opt out of the discount program in January. It also outlines new conservation incentives to help farmers who pay full price install highly efficient irrigation equipment. Metropolitan also might pay farmers to not irrigate some parcels.  “If the program is going to end, at least this is a bit of a soft landing instead of an instant end,” said Eric Larson, executive director of the San Diego County Farm Bureau.  He said the days are numbered for irrigation discounts because Metropolitan's board consists mainly of representatives for urban water districts that dislike giving farmers price breaks while the agency's reserves are dwindling and conservation mandates are growing.  Jeffrey Kightlinger, Metropolitan's general manager, said the program for farmers no longer makes sense because the agency would have to impose restrictions almost every year given the drought and other water-supply constraints across California.  He said there's still a future for agriculture in Southern California, but that farmers will have to select only high-value crops – such as flowers and strawberries – to cover their full-price water costs.  Avocado growers face the toughest challenge because they have thin profit margins and typically lack other crop options, Larson said. “When you look at the kind of ground (avocados) grow on – the real steep hillsides – that land will never convert to another ag use,” he said.  The situation is filled with difficult questions for hundreds of North County farmers such as Hatfield, for whom water is the main expense. The discount water program saves him thousands of dollars a year, he said.  Hatfield said he'll probably take a few months to decide whether to drop out of the program in 2009.  Even farmers who opt to pay full price next year would be subject to any reductions in the regional water supply, just like non-farmers.  That means growers could face another round of cutbacks next year unless a wet winter ends the statewide drought, said Dave Seymour, general manager at the Rainbow Municipal Water District in Fallbrook.  He said farmers with just a few acres of land are likely to exit the discount program quickly while owners of larger groves will probably hang on to their price breaks next year.  “It's going to be a short-term blessing for people if they can get out of the program and get as much water as they need,” Seymour said. “But in the long run, they are going to have to pay a higher price for that water and that's going to cut into the bottom line.” #http://www.signonsandiego.com/news/metro/20080910-9999-1m10water.html  ------------------------------------------------------------- DWR's California Water News is distributed to California Department of Water Resources management and staff, for information purposes, by the DWR Public Affairs Office. For reader's services, including new subscriptions, temporary cancellations and address changes, please use the online page: http://listhost2.water.ca.gov/mailman/listinfo/water_news. DWR operates and maintains the State Water Project, provides dam safety and flood control and inspection services, assists local water districts in water management and water conservation planning, and plans for future statewide water needs. Inclusion of materials is not to be construed as an endorsement of any programs, projects, or viewpoints by the Department or the State of California. -------------------------------------------------------------CENTRAL VALLEY SAFE ENVIRONMENT NETWORKMISSION STATEMENTCentral Valley Safe Environment Network is a coalition of organizations and individuals throughout the San Joaquin Valley that is committed to the concept of "Eco-Justice" -- the ecological defense of the natural resources and the people. To that end it is committed to the stewardship, and protection of the resources of the greater San Joaquin Valley, including air and water quality, the preservation of agricultural land, and the protection of wildlife and its habitat. In serving as a community resource and being action-oriented, CVSEN desires to continue to assure there will be a safe food chain, efficient use of natural resources and a healthy environment. CVSEN is also committed to public education regarding these various issues and it is committed to ensuring governmental compliance with federal and state law. CVSEN is composed of farmers, ranchers, city dwellers, environmentalists, ethnic, political,and religious groups, and other stakeholders.