September, 2007

General diatribe on the state of the state

Submitted: Sep 29, 2007

By Paul DeMarco, Petaluma

I've been absurdly busy lately, but I did catch up a little on my favorite web journal today. "Behind the Curve" was great.

The land use issue reminds me of an editorial I read several years ago from one of the Sacto Bee columnists. It was about the effects of the tax structure upon development. Because sales tax goes back to the municipalities and property tax stays with the state (I know it's not that simple, but good enough for this purpose), cities are in deep competition for big box retail and auto dealerships. When Rohnert Park sucked the shoppers down there, Santa Rosa responded by blighting Santa Rosa Av. with a traffic-freezing series of haphazard big stores--probably annexing rural land in the process--to bring those sales tax dollars back in. As long as the taxes are structured this way, this will always happen.

On a broader note, I spent 12 hours on Tuesday at a retreat listening to four subject experts on the arts, health & human services, the environment and education. In all fields, in gory detail in each one, we heard how the sharp cut in or total absence of public funds has had very bad effects that philanthropy can't cure. This ridiculous state of public affairs is not the case in all states. It's the case in a state that is seeing the long-term effect of Prop 13. That things is still considered a sacred cow rather than an unholy monster. If ever there needs to be an effort from Don Quixote, in a last and long-term effort to save the state, the evils of Prop 13 needs to be understood. I know that its partner is the ridiculous growth in population so greedily encouraged by those who profit from it, but at this point we could have 5 million fewer people here and the
paralysis in public policy would still prevail.

I like my low property tax. The fact that a new buyer next door would pay 3 times as much in property tax as I do wouldn't bother my conscience. But I don't like being 51st (after even D.C.) in certain measures of schoolspending. I don't like that Alabama spends $3 per citizen on the arts each year while we spend 3 cents. I don't like to see the state park system stripped down where it can't maintain what it's got, nor acquire
anything new. I don't like having some of the worst roads in the nation. I don't like knowing that too many kids don't have health insurance, that there's no significant money for prevention of alcohol and drug abuse, or that the only thing the county spends money on is law enforcement. I don't like a tax structure that enriches the landed elite like some 17th century French province.

I suppose it's all going to hell--to a breakdown that will shock us, and throw us back on to whatever skills and resources we have managed to accumulate in our years. Maybe that's already written into the plot. But until that happens, maybe we can hone our lance on another windmill.

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California Public Records Act Request for Watershed Coordinator ( DOC II), Merced River Alliance (Prop. 13) Grants, NFWF Vernal

Submitted: Sep 26, 2007

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

Steve Burke
Protect Our Water (POW)
3105 Yorkshire Lane
Modesto, CA 95350
(209)489-9178

TO: Board of Directors East Merced Resource Conservation District
2145 W. Wardrobe Ave.
Merced , CA 95340
209-723-6755 ph
209-723-0880 fax

Date: September 26, 2007 Via e-mail and hand delivered

Re: California Public Records Act Request for Watershed Coordinator ( DOC II), Merced River Alliance (Prop. 13) Grants, NFWF Vernal Pool Grant, Lower Merced River Watershed Management Plan and Watershed Coordinator Grant Program 2007

Dear EMRCD Directors,

Pursuant to public rights under the California Public Records Act (Government Code Section 6250 et seq.) and the California Constitution, as amended by passage of Prop 59 on November 3, 2004, we are writing to request to review all documents pertaining to Watershed Coordinator( DOC II), Merced River Alliance (Prop. 13), NFWF Vernal Pool Grant, and Lower Merced River Watershed Management Plan and Watershed Coordinator Grant Program 2007 administered or proposed by East Merced RCD – including but not limited to budgets, invoices, reports, email and regular mail, meeting notes telephone records and telephone notes, involving the activities of the following staff and entities:

· River Watershed Coordinator/Merced River Stakeholders Facilitator/Merced River Fair Coordinator (Gwen Huff)
· Merced River Alliance (Gwen Huff, Cindy Lashbrook, Nancy McConnell, Terry McLaughlin, Cathy Weber)
· Local, state and federal agencies and UC Merced
· Merced River Stakeholders
· Upper Merced River Stakeholders
· Merced River Fair
· Workshops conducted by East Merced RCD, Merced River Alliance or Mariposa County RCD
· Mariposa County RCD
· Eco-Farm
· UC Merced
· Recipients of outreach matching funds or in-kind contributions from but not limited to: Merced Irrigation District, UC Merced, Merced Alliance for Responsible Growth, CAFF, Merced County Farm Bureau any other group that has contributed matching funds or in-kind contributions.

We request the right to review the original records at a time to be arranged at the East Merced RCD office prior to any copying taking place. As provided by the Public Records Act, you have ten days to determine whether you have records subject to the Act. We look forward to hearing from you regarding this arrangement within 10 days or before Gwen Huff, East Merced RCD/Merced River Alliance/Lower Merced River Watershed Coordinator/Merced River Stakeholders facilitator, terminates her employment—whichever comes first. If you have any questions or concerns, please contact us. Thank you for your time and courtesy.

If you determine that any or all or the information is exempt from disclosure, we ask that you reconsider that determination in view of Prop 59, which has amended the state Constitution to require that all exemptions be “narrowly construed.” Prop 59 may modify or overturn authorities on which you have relied in the past.

If you nonetheless determine that the requested records are subject to a still-valid exemption, we would further request that: (1) you exercise your discretion to disclose some or all of the records notwithstanding the exemption; and (2) that, with respect to records containing both exempt and non-exempt content, you redact the exempt content and disclose the rest.

Finally, should you deny part or all of this request, you are required to provide a written response describing the legal authority or authorities on which you rely. Please also address the question whether Prop 59 requires disclosure even though authorities predating Prop 59 may appear to support your exemption claim.

If we can provide any clarification that will help expedite your attention to this request, please contact us at (209) 723-9283.

Lydia M. Miller Steve Burke

Cc. Interested Parties

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Points of Order concerning the East Merced RCD meeting at UC Merced, Sept. 24, 2007

Submitted: Sep 25, 2007

To: East Merced Resource Conservation District Board of Directors

From: San Joaquin Raptor/Wildlife Rescue Center; Protect Our Water; San Joaquin Valley Conservancy; Merced River Valley Association; Planada Association; Planada Community Development Co.; Le Grand Association; Stanislaus Natural Heritage

Re: Points of Order concerning the East Merced RCD meeting at UC Merced, Sept. 24, 2007

Date: Sept. 24, 2007

East Merced RCD Board of Directors: Via: email and Hand Delivered

POINTS OF ORDER

The East Merced RCD is not the Merced River Stakeholders, which are having its meeting at Washington School at this moment. The East Merced RCD is one Merced River stakeholder among many. In holding of this meeting at UC Merced, the East Merced RCD has greatly exceeded its statutory status as a legislative body and has illegally asserted authority over the Merced River Stakeholders. The East Merced RCD has no legal authority to hold a meeting of the Merced River Stakeholders. Gwen Huff, East Merced RCD staff/Merced Alliance Lower Merced River Watershed Coordinator/Merced River Stakeholders facilitator, was not authorized by the Merced River Stakeholders to convene this meeting here at UC Merced while the stakeholders are meeting at the Washington School.

The meeting we are attending is an East Merced RCD meeting. The East Merced RCD board of directors is presently illegally constituted under CARCD Guidebook.

The East Merced RCD is a legislative body, whose board members are appointed by the county Board of Supervisors. According to the California CARCD Guidebook, the East Merced RCD is subject to the Ralph Brown Act governing public meetings.

The Merced River Stakeholders group, meeting presently at Washington School, is not a
legislative body, by agreement among stakeholders after years of discussion of governance.

This East Merced RCD meeting is violating the Brown Act in the following ways:

1. There are more than two board members of the RCD in attendance; the RCD board meeting agenda of September 26 contains action items concerning the Merced River Stakeholders; the combination of RCD board members attending this meeting under the false claim that it is a Merced River Stakeholders meeting and the action items these board members will vote on in two days, is a major violation of the Brown Act. This pattern, which has been going on for some time, constitutes a continual violation by the East Merced RCD of the Brown Act;

2. This East Merced RCD meeting we are now attending was improperly noticed: it was not posted at the RCD office; it was not posted on the Merced River Stakeholders website or the East Merced RCD website or the Merced River Alliance website;

3. This East Merced RCD meeting agenda is inadequately descriptive under the Brown Act for a public agency agenda;

4. The East Merced RCD facilitator has no authority to unilaterally decide on the
location for a Merced River Stakeholder meeting in the face of stakeholder opposition;

5. The East Merced RCD had no authority to vote in its last meeting to suppress public
documents produced by Merced River Stakeholders because that suppression violated the
state RCD Guidelines and constituted several violations of the Brown Act;

6. The East Merced RCD is making decisions about the Merced River Stakeholders at their monthly board meetings in multiple violations of the Brown Act;

7. It is our understanding from the RCD board meeting of August 15, that an item will be
introduced into this evening's RCD meeting by RCD board member, Cathy Weber, to protest the heading of a recent letter that successfully protested an RCD grant proposal. This agenda item would be illegal on its face because the RCD board, at the same meeting, voted unanimously on an item not on its agenda, to suppress distribution of this public letter to members of the Merced River Stakeholders for their next meeting. It is illegal because it violates multiple Brown Act provisions for agenda formation.

The Merced River Stakeholders now meeting at Washington School openly participated in the process surrounding the denied grant proposal, sharing our concerns and openly distributing material expressing our opposition. The East Merced RCD, the Lower Merced River Watershed coordinator and the Merced River Alliance continually suppressed public information and public documents concerning not just the grant proposal but the future of river itself.

For the record, Merced River Stakeholders will deal with violations of the California Law on Conflict-of-Interest at a later date.

Because this meeting is not legally compliant, it should adjourn now.

Agendas of East Merced RCD and Merced River Stakeholder meetings and e-mails pertaining to the unlawful topics discussed in this letter are included below:

----- Original Message -----
From: Gwen Huff
To: Gwen Huff
Sent: Friday, May 25, 2007 12:07 PM
Subject: EMRCD Grant Proposal

Greetings Stakeholders –

As the current facilitator of the Merced River Stakeholders (funded through current grants to the East Merced Resource Conservation District [EMRCD]), I am sending out a message from the EMRCD Board of Directors. Information for this message was compiled by me, as the MRS facilitator and staff of EMRCD, and reviewed and approved by those EMRCD directors present at the May EMRCD Board Meeting, and other EMRCD staff.

Sincerely,
Gwen Huff
Watershed Coordinator
East Merced Resource Conservation District
Home Office (559) 497-5033
Mobile (559) 250-4734
gwenhuff@comcast.net

The purpose of this letter is to clarify some logistics in the writing and submitting of our grant proposal to develop a Lower Merced River Watershed Management Plan. A summary of that proposal, in narrative form, is attached to this email.

While we have had a very strong measure of support throughout the community, the response from regular attendees at the Merced River Stakeholders group has been mixed. The members in opposition feel very strongly about certain points, which will be addressed further down, while others are very supportive. The EMRCD is at the service of all stakeholders in Eastern Merced County, and while we appreciate that not everyone is in agreement about this grant proposal, we feel that it will be valuable for our community and that there is ample support to justify proceeding with the submission of a full proposal.

At our regular Board meeting Wednesday May 23rd, at which the following Board members were present, Glenn Anderson, Cathy Weber, Karen Barstow and Bernard Wade, the Board unanimously passed the following resolution, with comments:

RESOLUTION OF THE EAST MERCED RESOURCE CONSERVATION DISTRICT TO SUBMIT WATERSHED MANAGEMENT PLAN GRANT APPLICATION
Cathy Weber I support this grant because there have been gaps of information to make recommendations and “full-picture” choices for the Merced River Watershed. I see a need for this plan to help decision makers and citizens make informed decisions about conservation issues in the watershed.
Karen Barstow I’m a farmer and landowner and I support the proposal because it is in line with State expectations of bringing all of us together on an issue that is vital to all of us; California’s most critical issue-water.
Glenn Anderson I’m a 72 year-old farmer, landowner, life-long appreciator of the river, and someone who has watched the abuse of the river. Our district has now begun a journey of community appreciation of this river and we need to continue this work to expand our community involvement.
Bernie Wade I’m submitting my support of this proposal. It is the imperative continuation to preserve, conserve and enhance the Merced Watershed. It is important that we continue scientific studies and analysis to preserve this natural resource.
Glenn Anderson moved to adopt resolution 2007-02 to submit the Watershed Management Plan grant application.
Cathy Weber seconded motion. MOTION CARRIED UNANIMOUSLY.

We would like to include here the Mission and Purpose, Goals and Objectives of the Merced River Stakeholders (MRS), as stated in the Merced River Stakeholders Group Charter, adopted January 27, 2003.

Mission and Purpose
Provide a collaborative forum for coordination and gathering and sharing of information about the Merced River watershed. Protect and enhance the lower Merced River watershed such that the natural processes, ecosystems and its unique characteristics are conserved and restored. Foster voluntary stewardship in advance of habitat degradation and regulatory action. Strive for a balanced level of human interaction within the watershed.

Goals and Objectives
Educate the public about the Merced River watershed and its importance. Foster and improve communication among affected private individuals, interested citizens, commercial interests, educational institutes and representatives of local, state and federal agencies.

Additionally, from MRS meeting minutes of April 23, 2003;
The Governance Committee gave a report in which they stated that they are not in agreement that a formalized voting mechanism is necessary to conduct stakeholder meetings.

The EMRCD is a strong supporter of the Merced River Stakeholders, as evidenced by board member participation in MRS meetings, as well as long-term financial support to facilitate these meetings. We also recognize that the MRS has no mechanism for voting and cannot, as a group, support or oppose any item brought before them. They may, however, provide input. Indeed, MRS input can greatly improve projects that are within the watershed.

It is in this spirit that EMRCD has sought input from the MRS group on the development of the Lower Merced Watershed Management Plan. We have also sought input from other stakeholders within the watershed that do not attend the MRS meetings.

Regarding concerns from those in opposition:
MRS not notified before concept proposal submitted
We would like to acknowledge that earlier notification of the grant opportunity to the MRS would have been possible. At the January MRS meeting the grant opportunity was unknown to EMRCD and, therefore, could not have been communicated at that meeting. When this information was known February 13th, between MRS meetings, communication could have been made to stakeholders notifying them of the funder’s priorities, the deadline for grant submission and the intent of EMRCD to develop a concept proposal. No formal endorsement could have been gained - as the MRS has no mechanism for this. But input on direction could have been sought at that time. However, the MRS group was first informed of the process at the March 19th meeting. At which point a concept proposal had been developed and submitted by the deadline of March 16th, three days prior to the MRS meeting.

As there was allowance for modification from the concept proposal to the final proposal (should the EMRCD be invited to advance to a full proposal), the intention was to gain input from the stakeholders on what modifications could be made to improve the direction and content of the proposal. There was a constraint on what changes could be made. CalFed (the funder) had identified the Merced River as a high priority for developing a Watershed Management Plan for this particular round of funding. Therefore, the proposal needed to retain the basic direction of developing a management plan. But input on modifying the concept proposal, before writing and submitting a final proposal, was sought of MRS. As there are many stakeholders in the watershed beyond those who meet at the regular MRS meeting, and the EMRCD is at the service of all in Eastern Merced County, EMRCD was soliciting input from the MRS at this point, not asking for approval or endorsement, as there is no mechanism for that. We regret that not informing the MRS of the grant opportunity in February has caused some to feel excluded from the process. In the future, as long as EMRCD and MRS continue to have a working relationship, the EMRCD will inform the MRS before a concept proposal is submitted, with every effort to allow time to gather input for developing the proposal.

Staff Positions
The EMRCD acknowledges that neither job descriptions nor applicant qualifications were drafted for the concept proposal. This was not a requirement for submission of the proposal. However, these job descriptions will be in place before the final proposal is submitted. Additionally, posting of job opportunities with the EMRCD will be made if awarded the grant and as they become available.

Conflict of Interest?
An EMRCD associate director (who, in this case, is on the planning commission) has no voting rights and as such cannot vote to support or oppose any grant. There is no impropriety in an EMRCD board member, whether full or associate, being on the planning commission. Nor is there any impropriety in an EMRCD associate board member taking a staff position with the EMRCD.

Most, if not all, entities that rely on grant funding to further their mission and goals, pursue funding with their staff time, in order to bring the funds to their organization. Such is the case for EMRCD. The grant funds that are brought in are obligated to be spent on specific tasks laid out in the contract with the funding agency. The funding agency reviews, very closely, the progress of the grant and how the funds are spent. Members of the EMRCD board serve as such without any monetary compensation, and would receive none should the Watershed Management Plan be funded. There is no conflict of interest.

For more information on the authority under which the resource conservation districts operate, you may go to the following website: http://www.carcd.org/yourdistrict/div-9.htm

We thank you for your interest in resource issues of Eastern Merced County and look forward to continuing to work with you on watershed conservation issues.

Sincerely,
EMRCD Board of Directors

----- Original Message -----
From: Gwen Huff
To: 'Pat Ferrigno' ; 'Lydia Miller' ; brwade@aol.com ; 'Gail Bettencourt'
Cc: sdragovich@santafeaggregates.com
Sent: Friday, August 24, 2007 11:01 AM
Subject: RE: Proposed Meeting

Thank you very much, Pat, for the invitation to your home and for organizing the points of discussion. I believe they are well laid out. I would also like to suggest inviting Cathy Weber, as she has been an active stakeholder as well as a board member of EMRCD. Two board members may be present and not violate the Brown Act.

My availability is somewhat limited mid-September, but I am available September 9, 10, 11 and possibly the 12th. The next day I am leaving for a wedding in New York and will return on Monday the 17th.

Gwen
Gwen Huff
Watershed Coordinator
East Merced Resource Conservation District
Home Office (559) 497-5033
Mobile (559) 250-4734
gwenhuff@comcast.net

----- Original Message -----
From: Gwen Huff
To: 'Pat Ferrigno' ; 'SJRRC' ; 'Raptorctr' ; 'Bernard Wade' ; Dist4@co.merced.ca.us ; 'Mike Bettencourt' ; 'Sharon Dragovich'
Cc: 'Teri Murrison'
Sent: Wednesday, September 12, 2007 2:55 PM
Subject: RE: MRS Agenda

Pat –

Yes – the agenda item “MRS and Grant Development” is intended to encompass any aspect of this whole issue. I hope that the amount of time will be adequate. Also, we can - and probably will –discuss expectations of a facilitator to convey the perspective of stakeholders to the EMRCD and other organizations.

Cathy Weber requested that at least some of the discussion happen in the first 45 minutes of the meeting because she has a conflict in her schedule with another important meeting. Since Cathy has been so involved with the stakeholders, I would like to honor that request. It is a bit awkward, breaking it up that way, though.

Regarding your offer to cover printing costs of the Raptor Center’s letter, thank you. However, we can cover those expenses. Since the meeting is dedicated almost completely to related MRS issues, I can bring copies to the meeting. The board has directed me not to distribute the letter with the meeting announcement, but it can certainly be available at the meeting. And you are free to circulate it before hand, if you wish. Please let me know if you plan on bringing copies so that we do not duplicate our work.

Lastly, we will be meeting in a conference room at UC Merced that holds 50 people. That should do. And thanks for refreshments.

Gwen
Gwen Huff
Watershed Coordinator
East Merced Resource Conservation District
Home Office (559) 497-5033
Mobile (559) 250-4734
gwenhuff@comcast.net

----- Original Message -----
From: Cathy Weber
To: Gwen Huff
Cc: Brwade@aol.com ; Pat Ferrigno ; Karen L Whipp ; Lydia Miller
Sent: Sunday, September 16, 2007 1:01 PM
Subject: MRS meeting

Dear Gwen,

I just returned home and have found many messages on my email. I'm very sorry if I, as an individual and not the EMRCD, have added to problems within the MRS member community.

Please set the agenda in a way that is best for all the members to deal with important issues. I am sorry that I won't be at the full meeting; but as a member of the Library Advisory Commission, I have a greater obligation to attend a 7:00 meeting in downtown Merced. In my request that the agenda item dealing with the MRS and EMRCD roles be placed early, I had no idea that it would create any type of problem.

I will come to the first part of the meeting and hope I have the opportunity to make one comment before I need to leave, a comment that is separate from the agenda item discussion. I know we have allowed other members to do so. But, please, place the agenda item at whatever time on the agenda that will make it most effective.

I am sorry that I won't be there for what I think is a very important discussion. I believe I have some perspective, being a member of both the MRS and the EMRCD. I care about both organizations deeply. I was always in favor of the MRS having more autonomy and decision making power with a process for it. I wanted to develop a plan for that through the governance committee process.

I am deeply concerned and saddened by what I feel is a misunderstanding. I know the EMRCD board members care a great deal about the resources of the river within our job of caring for and educating about all the resources of eastern Merced County. I feel that we have, unwittingly, been made villains when we thought that what we were doing all along was above-board and for the benefit of the County.

Please don't let the Board take the blame for the agenda item placement, or you for honoring my request. The fault for that is all mine. Again, I made my request, because I care about the whole discussion. I do hope these building misunderstandings can be cleared so we can meet together and support river restoration.

Cathy Weber

----- Original Message -----
From: Gwen Huff
To: Gwen Huff
Sent: Tuesday, September 18, 2007 6:03 PM
Subject: MRS Meeting Reminder at UC Merced

Dear Stakeholders -

You may have recently received an email from SJRRC (San Joaquin Raptor Rescue Center), Lydia Miller's organization, with a meeting announcement for the Merced River Stakeholders this Monday, Sept 24th at Washington School. That meeting is not sponsored by the East Merced Resource Conservation District and the announcement was not forwarded by me, as facilitator. I am the current facilitator, hired by the EMRCD to conduct the regular Merced River Stakeholders meeting on the 24th at UC Merced. The proposed presenters at the Washington School meeting have not been contacted by Ms. Miller and neither Karen Whipp, Cindy Lashbrook, Cathy Weber, Nancy McConnell nor I will be there. We will be attending the Merced River Stakeholders meeting at UC Merced. You will find the agenda below.

We have been told we can use the parking lot up at the top of the hill, very close to the library where we are meeting. Parking will be free in that lot after 5pm. Detailed directions are at the bottom of the agenda.

It is regretful that you are subject to the confusion generated by the disagreements between a few members of the Merced River Stakeholders, myself and the EMRCD. At our Sept 24th meeting we will be discussing future facilitation of the MRS, as the EMRCD funding to do this will be finished this calendar year. I hope that you will be able to attend this important meeting. Please contact me if you have questions or concerns.

Gwen

Gwen Huff
Watershed Coordinator
East Merced Resource Conservation District
Home Office (559) 497-5033
Mobile (559) 250-4734
Merced River Stakeholders
September 24, 2007
6:00PM-8:30PM
Kolligian Library, Room 232, UC Merced
Nearby and Free Parking

DRAFT AGENDA

6:00 Introductions, Minutes Approval, Agenda Review

6:10 Updates
Merced Irrigation District

6:20 Merced River Stakeholders Facilitation
Group Discussion

7:10 BREAK

7:25 Merced River Stakeholders and Grant Development
Group Discussion

7:50 Merced County Planning Department Jeff Wilson
Jeff will provide us with an overview of balancing gravel mining with other natural resource interests in Merced County.

8:15 Announcements

8:25 Schedule Next meeting and wrap up
(Plus/Delta, next meeting speakers, refreshments)

For more information, please contact Gwen Huff at
(559) 497-5033 or gwenhuff@comcast.net

DIRECTIONS
From Highway 99, take the “G” Street exit and cross town to Yosemite Avenue and turn right onto Yosemite. Turn left on Lake Road and proceed approximately one mile to the campus. Turn right into the first campus entry (Scholars Lane) and take this up the hill to the end of the road. Make a left by the Round-A-Bout. The library and its parking lot are here. Park anywhere there are available stalls. Here is a link to a campus map https://www.ucmerced.edu/maps/campus/ Once you’ve entered the library, take the elevator to the second floor – we will be meeting in room 232.

Past meeting minutes can be found at www.emrcd.org/stakeholders

NOTICE OF REGULAR MEETING

OF THE

BOARD OF DIRECTORS
EAST MERCED RESOURCE CONSERVATION DISTRICT

USDA Office
Conference Room
2135 W. Wardrobe Avenue
Merced, CA 95340

Wednesday, August 15, 2007, 1:00 p.m.
Visit us on the web at www.emrcd.org
Call EMRCD for more information 209-723-6755
Fax EMRCD for more information 209-723-0880
To be added to the EMRCD agenda mailing list, please send a letter to the RCD at the above address by the 3rd day of the month preceding the meeting.

1. INTRODUCTION

2. ORAL COMMUNICATIONS

3. CORRECTIONS AND/OR ADDITIONS TO THE AGENDA

ITEM PRESENTER

* 4. Consent Agenda

# a. Minutes of the July 18, 2007 EMRCD Board Meeting
# b. Treasury Report (July and August ‘07)
# c. DOC II and Prop 13 Grant Updates

5. Correspondence/Information Only

a. Letters
1. National Fish and Wildlife Foundation
# b. Meeting Notices and Reports
1. CSDA e-NEWS July 23, 2007
2. CSDA e-NEWS July 30, 2007
3. California Watershed e-News July 30, 2007
c. Newsletters and Flyers (available to review at meeting)
1. CSDA Alliance Brochure
2. CSDA Conference Oct 1-4 2007
3. San Joaquin River Restoration Program
4. NRCS State Technical Advisory Committee Agenda
5. NACD Forestry Notes (June 2007)
6. NACD Forestry Notes (July 2007)
7. MED&R-Merced Developments (Winter 2007)
8. Shell Pipeline Company LP Safety Information
d. Office Election Resolution Ballet Information for Insurance Board

For information only.

6. Written and Oral Updates

a. NRCS Update Malia Hildebrandt
b. Watershed Coordinator Update (DOC II) Gwen Huff/
Cindy Lashbrook

c. Merced River Alliance (Prop 13) Update Karen Whipp

* 7. Planning for Annexation

For discussion and possible action.

8. Board Member Participation with Merced County Landuse
Issues and General Plan Updates

Board members come prepared to discuss current land use
issues and ways to be involved.

9. Old Business

a. Board Member Recruitment
b. Other Old Business

* 10. Priority Action Topic for Next EMRCD Agenda

For discussion and possible action.

11. Next EMRCD Board Meeting

The next EMRCD Board Meeting is scheduled for
Wednesday, Sept 19, 2007 in the USDA Office Conference Room,
2135 West Wardrobe Avenue, Merced, CA.

* 12. Adjournment of the Regular EMRCD Board Meeting, August 15, 2007

* Action
# Attachment
+ Enclosure
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF SPECIAL ASSISTANCE IS NEEDED IN ORDER TO PARTICIPATE IN THIS MEETING, PLEASE CONTACT STAFF AT 209-723-6755. NOTIFICATION OF 48 HOURS BEFORE THE MEETING WILL ENABLE THE STAFF TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING.

Date Agenda Posted August 10, 2007
Please remove after August 16, 2007__

Meeting Minutes of the
EAST MERCED RESOURCE CONSERVATION DISTRICT
BOARD OF DIRECTORS REGULAR MEETING
Wednesday, August 15, 2007, 1:00 p.m.
Conference Room, 2135 W. Wardrobe Ave., Merced, CA 95340
Call EMRCD for more information (209-723-6755)

Directors Present: Cathy Weber, Glenn Anderson, Bernard Wade, Bob Bliss
Directors Absent: Karen Barstow, Tony Azevedo
Others Present: Karen Whipp, EMRCD contract personnel
Cindy Lashbrook, EMRCD contract personnel and associate director (non-voting member)
Gwen Huff, EMRCD contract personnel
Malia Hildebrandt, NRCS staff
Ken Leap, Interested Citizen
Bill Hatch, Interested Citizen

Item #
President Bernie Wade called meeting to order at 1:20 pm.

1. INTRODUCTIONS
Done.

2. ORAL COMMUNICATIONS
None.

3. CORRECTIONS AND/OR ADDITIONS TO THE AGENDA
None.

4 CONSENT AGENDA
Minutes of the July 18, 2007 EMRCD Board Meeting
Treasury Report June and July
DOC and Prop 13 Updates
Cathy Weber moved to approve the consent agenda.
Bob Bliss seconded the motion.
MOTION CARRIED UNAMIMOUSLY.

5. CORRESPONDENCE/INFORMATION ONLY
Letters
National Fish and Wildlife Foundation
b. Meeting Notices and Reports
CSDA e-NEWS July 23, 2007
CSDA e-NEWS July 30, 2007
California Watershed e-News July 30, 2007
c. Newsletters (available to review at the meeting)
CSDA Alliance Brochure
CSDA Conference October 1-4, 2007
NRCS State Technical Advisory Committee Agenda
NACD Forestry Notes (June 2007)
NACD Forestry Notes (July 2007)
MED&R-Merced Developments (Winter 2007)
Shell Pipeline Company LP Safety Information
d. Office Election Resolution Ballet Information for Insurance Board
So noted.

Following the review of the information items, Cathy Weber moved to have the September EMRCD Board meeting on September 26, 2007.
Seconded by Glenn Anderson.
MOTION CARRIED UNAMIMOUSLY.

6. WRITTEN AND ORAL REPORTS
Natural Resources Conservation Service Report, Malia Hildebrandt (A written report was submitted at meeting and will be attached to agenda packets presented at the EMRCD Board meeting)
Watershed Coordinator--DOC Report, Gwen Huff (A written report was submitted at meeting and will be attached to agenda packets presented at the EMRCD Board meeting)

During the report Gwen Huff stated that Lydia Miller asked her to send a rebuttal letter against the DWR grant proposal to all of the Merced River Stakeholders.
Bob Bliss moved that Gwen Huff contract is with the East Merced Resource Conservation District is not authorized to send the letter.
Seconded by Glenn Anderson
MOTION CARRIED UNAMIMOUSLY.

Merced River Alliance--Prop 13 Report, Karen Whipp and Cindy Lashbrook (Written reports were submitted at meeting and will be attached to agenda packets presented at the EMRCD Board meeting.)

7. PLANNING FOR ANNEXATION
An oral report was given.

8. BOARD MEMBER PARTICIPATION WITH MERCED COUNTY LANDUSE ISSUES AND GENERAL PLAN UPDATES
There was board member discussion.

9. OLD BUSINESS
a. Board recruitment: There was brief discussion
b. Other business: no discussion
10. PRIORITY ACTION TOPICS FOR THE NEXT EMRCD AGENDA
The Priority Topic for next month will be to discuss mechanism for immediate calls to action, discussions for funding sources and review the Strategic Plan.

11. NEXT MEETING
The next EMRCD is scheduled for Wednesday, September 26, 2007, 1:00 pm in the USDA Office Conference Room, 2135 West Wardrobe Avenue, Merced, CA

12. THE MEETING OF THE EAST MERCED RESOURCE CONSERVATION BOARD OF DIRECTORS WAS ADJOURED AT 4:00 P. M.

/S/
KAREN L. WHIPP
EMRCD BOARD CLERK

NOTICE OF REGULAR MEETING

OF THE

BOARD OF DIRECTORS
EAST MERCED RESOURCE CONSERVATION DISTRICT

UC Cooperative Extension
Classroom
2145 W. Wardrobe Avenue
Merced, CA 95340

Wednesday, September 26, 2007, 1:00 p.m. – 4:00 p.m.
Visit us on the web at www.emrcd.org
Call EMRCD for more information 209-723-6755
Fax EMRCD for more information 209-723-0880
To be added to the EMRCD agenda mailing list, please send a letter to the RCD at the above address by the 3rd day of the month preceding the meeting.

1. INTRODUCTION

2. ORAL COMMUNICATIONS

3. CORRECTIONS AND/OR ADDITIONS TO THE AGENDA

ITEM # PRESENTER

* 4. Consent Agenda

# a. Minutes of the August 15, 2007 EMRCD Board Meeting
# b. Treasury Report
# c. DOC II and Prop 13 Grant Updates

5. Correspondence/Information Only

a. Letters
1. National Fish and Wildlife Foundation
# b. Meeting Notices and Reports
1. CSDA e-NEWS September 4, 2007
2. CSDA e-NEWS September 10, 2007
3. CSDA e-NEWS September 17, 2007
4. US Department of the Interior Submittal of
Fiscal Year 2008 Program Proposals
5. California Association of Resource Conservation
Districts – San Joaquin Valley Agenda for the Fall
Area Meeting
6. Understanding the Ralph M. Brown Act
c. Newsletters and Flyers (available to review at meeting)
1. CSDA July – August 2007 Magazine
2. National Woodlands Magazine
3. Noxious Times
4. Forestry Notes
5. Great Valley News
6. Conservation Connection
7. EcoAnalysts
8. NACD News and Views
9. Forestland Steward
10. Water Conservation News

For information only.

6. Written and Oral Updates

a. NRCS Update Malia Hildebrandt
b. Watershed Coordinator Update (DOC II) Gwen Huff/
Cindy Lashbrook
c. Merced River Alliance (Prop 13) Update Karen Whipp

* 7 Recording EMRCD Board Meetings Cathy Weber
action.
For discussion and possible

*# 8. Procedures for Requesting Public Information Karen Whipp

Recommend the EMRCD Board adopt procedures
for requesting public information.

*# 9. CAL-Card Contract Addendum Merced, CA 95340 Karen Whipp

Recommend the EMRCD Board authorize the EMRCD
Board President to sign the contract addendum and resolution.

* 10. Response letter to Department of Water Resources in Karen Barstow
Regard to Letters of Opposition of Grant Proposal

For discussion and possible action.

* 11. Future Relationship Between EMRCD and Merced
River Stakeholders

For discussion and possible action.

* 12. Mechanism for Immediate Calls to Action

For discussion and possible action.

* 13. Potential Funding Sources

For discussion and possible action.

14. Old Business

a. Planning of Annexation
b. Board Member Recruitment
c. Other Old Business

* 15. Priority Action Topic for Next EMRCD Agenda

Review the EMRCD Strategic Plan.

16. Next EMRCD Board Meeting

The next EMRCD Board Meeting is scheduled for
Wednesday, October 17, 2007 in the USDA Office Conference Room,
2135 West Wardrobe Avenue, Merced, CA.

* 17. Adjournment of the Regular EMRCD Board Meeting, September 26, 2007

* Action
# Attachment
+ Enclosure
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT, IF SPECIAL ASSISTANCE IS NEEDED IN ORDER TO PARTICIPATE IN THIS MEETING, PLEASE CONTACT STAFF AT 209-723-6755. NOTIFICATION OF 48 HOURS BEFORE THE MEETING WILL ENABLE THE STAFF TO MAKE REASONABLE ARRANGEMENTS TO ASSURE ACCESSIBILITY TO THIS MEETING.

Date Agenda Posted September 21, 2007
Please remove after September 26, 2007__
-----------------------

ORAL STATEMENT ON ITEM #1 OF THE AGENDA
East Merced RCD meeting at UC Merced, Sept. 24, 2007, 6 p.m.

POINTS OF ORDER

I am Bryant Owens, speaking on behalf of the Planada Community Association, and other signatories to the suppressed letter of opposition Merced River Stakeholders filed against the recent East Merced RCD grant proposal

I am summarizing a letter I am submitting to make the legal record.

The meeting we are now attending is illegal and should be adjourned and any river stakeholders present should go to the Merced River Stakeholders meeting sponsored by the Bettencourt Family and other river property owners at Washington School.

For these reasons and others, the meeting we are attending is illegal:

1. The East Merced RCD is a member of the Merced River Stakeholders group, not its leader
in any sense;

2. The East Merced RCD has no authority to decide on the agenda or location of a Merced River Stakeholders meeting, except as the stakeholders agree. The Merced River Stakeholders disagree and are at this moment holding their meeting at the Washington
School;

3. The East Merced RCD board of directors, appointed by the Merced County Board of Supervisors, is at present an illegally constituted legislative body;

4. The Merced River Stakeholders is not a legislative body, by common stakeholder decision after several years of discussion on its governance;

5. This illegally constituted legislative body has committed multiple violations of the California Association of RCD Guidebook and the Ralph Brown Act in the past, including the calling of this meeting and future actions already agendized on the next East Merced RCD board meeting;

6. Several individuals representing the East Merced RCD present at this meeting are committing violations of the California Law of Conflict of Interest.

To make the legal record, I am submitting our full letter and supporting documents to the East Merced RCD on the illegality of the meeting we are presently attending.

We urge the East Merced RCD board to adjourn this meeting.
----------------------------

PROTEST AGAINST APPROVAL OF MINUTES OF JULY MERCED RIVER STAKEHOLDERS MEETING
East Merced RCD meeting at UC Merced, Sept. 24, 2007, 6 p.m.

David Corser, Planada Community Association, San Joaquin Raptor/Wildlife Rescue Center, Protect Our Water, et al. and representing other Merced River Stakeholders

The minutes of the July Merced River Stakeholders meeting cannot be approved here tonight because:

1. The only body authorized to approve Merced River Stakeholders minutes is the Merced River Stakeholders, meeting at this moment at Washington School.
2. This is an East Merced RCD meeting, not a Merced River Stakeholders meeting.
3. East Merced RCD is a legislative body governed by the Brown Act.
4. It must include in these minutes the minutes of the last East Merced RCD meeting, which does not include any reference to this unlawful meeting here.
5. It must also include its agenda and minutes pertaining to Item #6 in its last meeting, during which it took an unlawful vote to suppress a public letter of protest from Merced River Stakeholders to an East Merced RCD grant proposal, which the state agency rejected because of that and other letters and petitions from Merced River Stakeholders against it.
6. If East Merced RCD board members and staff and staff of the Merced River Alliance assert that they constitute a subcommittee of the East Merced RCD that has unlawfully convened this present meeting, they must show in East Merced RCD minutes how their authority was generated by board action.
7. They cannot do this because the board explicitly tabled discussion of establishing a subcommittee at its last meeting. East Merced RCD August meeting notes clearly shows this.
8. Therefore, we are attending a meeting unlawfully convened by the East Merced RCD pretending to be a Merced River Stakeholders meeting (when that meeting is going on simultaneously at the Washington School) and the East Merced RCD cannot even justify this meeting in terms of its own authority because it has not authorized “subcommittees” or the like of the board to act between its regular meetings.
9. By convening this meeting at UC Merced against the express wishes of the largest group of stakeholders, the Merced River Stakeholders facilitator has abdicated her authority as the Merced River Stakeholders facilitator.
10. Why have East Merced RCD staff and board members been harassing Merced River stakeholders with a barrage of emails and phone calls to attend this unlawful meeting? Because this is a naked power play by disgruntled East Merced RCD board members and staff and the Merced River Alliance to silence the Merced River Stakeholders.
11. To defend the health of the Lower Merced River, Merccd River Stakeholders wrote publicly to oppose the East Merced RCD grant proposal. Although the best evidence of spiteful reaction is convening this unlawful meeting, there is other evidence: the Merced River Alliance newsletter no longer includes any mention of the Merced River Stakeholders; and the Stakeholders’ independent website was discontinued and its domain is up for sale.
We recommend this unlawful meeting be adjourned immediately.
----------------------

From: gwenhuff@comcast.net
To: gwenhuff@comcast.net
Subject: Moving on
Date: Tue, 25 Sep 2007 12:18:58 -0700

Dear Stakeholders -

For those of you not at last nights meeting at UC Merced, I would like to let you know that I am moving to Sacramento and will be resigning from the East Merced RCD and as facilitator of the Merced River Stakeholders group.

The East Merced RCD has funding to facilitate one more MRS meeting, to be held November 19th. After that time, current funding from EMRCD grants to facilitate the stakeholders will cease. At the November meeting you will have the opportunity to set a course for the stakeholders and decide how you would like to move forward with this change of circumstances. I hope that you will be able to attend this important meeting. At the direction of the MRS, we are seeking a facilitator for that meeting and the meeting notification will be forthcoming.

Unfortunately, some members of the MRS have decided to form a separate organization and are using the name Merced River Stakeholders. This will, no doubt, be causing some confusion with meeting notifications. Please note that communications from the East Merced Resource Conservation District (EMRCD) and it's staff (Cindy Lashbrook and Karen Whipp) will relate to the MRS meetings that are facilitated by the EMRCD.

It has been a pleasure working with you for the last year and half. The MRS is a very special and important group. I wish you all the best in your future endeavors.

Gwen

Gwen Huff
Home Office (559) 497-5033
Mobile (559) 250-4734

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Merced River Stakeholders protest letter to EMRCD grant proposal

Submitted: Sep 21, 2007

BETTENCOURT FAMILY PROPERTY
TELEPHONE 209/358-9400; FAX 209/812-1818
11570 Shaffer Road, Winton CA 95388
e-mail: pferrigno@elite.net

June 2, 2007

State of California
Department of Water Resources
Division of Planning and Local Assistance
DWR Watershed Program
P. O. Box 948236
Sacramento, CA 94236-001

Re: CalFed Grant Application: Lower Merced River Watershed Management Plan

To Whom It May Concern:

We are property owners and farmers on the Merced River; we farm 815 acres which is contiguous to the River. We have lived in this community since 1852 and we have been active in the Merced River Stakeholders group since its inception in 1998-1999. As a family we have supported many activities of the stakeholders group; in 2001 we hosted 100 VIP guests of the Wild on Watershed tour for a luncheon along our river.

The Merced River Stakeholders group was formed as a part of the initial project to design a Merced River Corridor Restoration plan. There have been lots of meetings (5-12 per year) which we have faithfully attended to help align the interests of the property owners and the agencies/other interested stakeholders; generally, at least three members of the family attend every meeting.

In 2000, we formed a group of property owners which we have kept informed of issues as they developed; when necessary we could muster a large group to attend meetings. Members of this group are our friends and neighbors; many of these friendships span several generations.

Our reason for giving you this history is to illustrate our commitment to the Merced River watershed; and, to establish our credentials and standing to comment on the above-referenced grant.
We oppose the grant for the following reasons:

1. There is little grassroots support for this project: Appropriate process was not followed in allowing the stakeholders to review or comment on the subject/scope of the project. We are in the Snelling MAC district but we were not even notified of the meeting, if one was held, at which the endorsement of this grant was awarded;
2. There is little chance that the grant applicants will be able to accomplish their stated objectives: 98% of the property in the lower Merced River watershed is privately owned; at least 85% of the property is owned by stakeholders who will allow no access to their land for purposes of executing this grant; and,
3. This grant will destroy the existing cooperation among property owners, agencies, and other stakeholders because it totally violates the trust which we have fought to build.

The methodology for accomplishing the work product of this grant is seriously flawed; the grant writers propose a series of work groups (ten) which will meet only twice in a three year period. A rational person will immediately understand that the role of each work group will be to rubberstamp the activities of staff, who will “gather and synthesize extensive existing information”. No qualifications are given as to the education or experience of those tasked with performing the work of the grant; Stillwater Sciences has a role in the project but will not be performing the day-to-day work.

The above-referenced grant was submitted by EMRCD staff (one of whom is the facilitator for the Merced River Stakeholders group); this group chose not to follow the agreed-upon protocol allowing review by the Merced River Stakeholders before presenting any proposal which affects the watershed (this particular betrayal by the MRS facilitator is very troublesome). There was no opportunity for discussion of the concept before the initial submission; there has been no input or cross-cultivation of ideas among the many stakeholders who should be represented in this effort.

The first that the Stakeholders group knew of the grant request was when the concept proposal was approved in principle by CalFed, at which time we were informed that our input was invited but the concept could not be changed substantively without compromising the potential success of the final grant product.

Despite our specific requests, we still have not received a copy of the final rendition of this grant, making it quite difficult to comment on a point-by-point basis or to know the particulars of the grant, e.g., assigned project number, etc.

It appears from the information we have received that one of the goals of CalFed in the awarding of these grants is to “ensure the long-term sustainability of watershed management”; another goal is to “develop a plan to address recreational opportunities”.

We can assure you that neither goal has any chance to be accomplished by excluding the property owners from the planning and execution of this project.

We want a voice in determining the future of the Merced River watershed; it is unfair to expect us to sit by and let our destiny be determined by professional grant writers with the goal of using this project to fund their own salaries for the next three years. They will then move on to the next project which promises acceptable remuneration leaving us to deal with the consequences of whatever planning they have done.

At the request of the review committee we will make a personal appearance before the committee to discuss this situation and/or present additional written information.

We urge the committee to not fund this grant; in this time of scarce resources every dollar needs to be spent wisely and judiciously on projects which will protect and foster stewardship on the Merced River.

Sincerely,

/s/ by Gladys Barbara Bettencourt
Patricia Bettencourt Ferrigno
Michael D. Bettencourt
Nancy Bettencourt Deavours
Lorrie Bettencourt McDowell
Sharon Bettencourt Dragovich

cc: Deidre Kelsey, Supervisor District 4, Merced County
Diana Westmoreland-Pedrozo, Merced County Farm Bureau
John Garamendi, Lieutenant Governor, State of California
Dennis Cardoza, Congressional District 18
Jeff Denham, Senatorial District 17

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Merced River Stakeholders protest letter to East Merced Resource Conservation District grant proposal and a chonology of e-mails

Submitted: Sep 19, 2007

Stefan Lorenzato
Watershed Program Manager
Resource Restoration & Project Support
(916) 651-9617
(916) 651-9607 fax
stefanl@water.ca.gov

Kristyne Miller, Grant Manager
Resource Restoration & Project Support
(916) 651-9621
kmiller@water.ca.gov

Megan Fidell, Watershed Program Staff
Resource Restoration & Project Support
(916) 651-9619
mfidell@water.ca.gov
Dan Wermiel, Watershed Program Staff
Resources Agency - CALFED Watershed Program June 4, 2007
(916) 445-5398
dwermiel@calwater.ca.gov Via :Email & Fax
Re: Lower Merced Watershed Management Plan grant proposal submitted by East Merced Resource Conservation District

Dear Mr. Lorenzato, Ms. Miller, Ms. Fidell and Mr. Wermiel,

We are writing, as members of the Merced River Stakeholders, to protest a proposal submitted by the East Merced Resource Conservation District (EMRCD) called “Lower Merced Watershed Management Plan.”

This letter includes:

1) Objections to the substance of the conceptual application;
2) Objections to the process by which the EMRCD, a public agency, bypassed the Merced River Stakeholders in drafting and approving this grant against significant opposition;
3) A statement of the next steps stakeholders will take should this grant be approved;
4) Attached Merced River Stakeholders’ chronology of correspondence on this proposal.

1. Objections to the substance of the conceptual application

· Where are the traditional partners that have been involved in every Merced River project and application to date: Merced Irrigation District, Merced River Stakeholders, California Department of Fish and Game, for example?

· “…and a consultant (as yet to be selected) experienced in facilitation and the Central Valley Blueprint process – a process similar to the development of this plan.” It is highly probable a consultant has already been selected, so why the mystery?

· The proposal states that a plan will be developed to address recreational opportunities. The Merced watershed is almost completely privately owned (and those owners are well represented on the Merced River Stakeholders.) “Recreational opportunity” is a very contentious issue on the Lower Merced River.

· How can this grant fund a management plan for the Merced River Watershed and manage lands outside that watershed? The vast majority of vernal pool habitat in Eastern Merced County is NOT in the Merced River Watershed. This fact is well known to watershed owners and to Merced Irrigation District (not a partner to this grant proposal). This problem may be addressed by another grant EMRCD is proposing, to NFWF, as part of their match. But, this is not clear.

· If the Merced River Stakeholders are as the proposal presents us, an unduplicated model of consistent public/private interaction, why aren’t the stakeholders partners in the grant?

· Six thousand dollars sounds like an inflated amount to publish a plan.

· Some stakeholders, even after reading the concept proposal, were misled by EMRCD communications into thinking the proposal submitted on June 1 was not the final proposal and that it could be changed later to reflect stakeholders' concerns. EMRCD made no copies of the June 1 proposal available to stakeholders prior to submission. Merced River Stakeholders that aren't members of the EMRCD board do not know what proposal the EMRCD voted unanimously to support. If it was the concept proposal, stakeholders raised numerous objections to it and some told EMRCD they would strenuously oppose it.

· “And many involved will have the authority to implement parts of the plan, such as federal, state and local agencies or Municipal Advisory Councils.” EMRCD staff evidently does not know that MACs have no authority. They are appointed in unincorporated towns by their district supervisors to serve strictly as advisory groups. This is a strange blank spot in EMRCD staff knowledge, considering that the EMRCD board president serves on one MAC and an EMRCD associate director is a county planning commissioner.

· “The success of this project will dependant upon connections with other projects, the academic and scientific community and agencies in the watershed. The management team will devote a significant amount of time to gathering data on existing conditions within the watershed in order to provide baseline information to the work groups.” Hasn’t this been done in the literature review in the MRS Restoration Plan? It just needs updating to add the studies completed since 2002. Why will it take a significant amount of time? Existing conditions are part of the Merced River Restoration Plan. Beyond the watershed, we doubt if that work has been done (in the vernal pools area). However, a great deal of mapping of vernal
pools has also been done by agencies such as the University of California and the US Fish and Wildlife Service.

· Items in the budget section:

o data collection: 650 hrs collecting and compiling background data for the Plan. @ $40 hr =$26,000. That would be EMRCD… for all the projects we have seen, Stillwater has compiled an extensive inventory of existing studies through 2002. What other data has to be collected?
o Purchase1 laptop computer ($1,500).

o Scientific Consultant will compile and synthesize data $22,547 What does this mean? If EMRCD collects and compiles it, why does Scientific Consultant then compile it again (and synthesize it)?

o Training: Attend facilitation & technical training workshops and conferences. 2 EMRCD personnel x 2 trainings ea per year = 12 trainings X 20 hrs pr workshop/conference = 240 hrs @ $40 hr = $9,600. Plus registration $1,400, meals $360, mileage $2,000 and lodging $1,200. Elsewhere in the proposal, it is mentioned a professional facilitator was going to be used.

· “The management team will gather and synthesize existing information on the watershed – including, but not limited to Merced River Corridor Restoration Plan, Merced Alliance Biological Assessment, USFWS Endangered Species Recovery Program, ongoing fish and water supply studies by Merced Irrigation District, TMDLs, Wildlife and Rare Plant Ecology of Eastern Merced County’s Vernal Pool Grasslands, DWR and UC Merced information on climate change.” The last we knew, the Merced doesn’t have a TMDL. Stillwater should have all the data noted above except Vernal Pools and maybe UC Merced data. They should have a good idea of what DWR has. Again, this grant is for the Merced watershed unless they expand it (or unless they don’t get called on it).

· UC Merced and the Upper Merced River Watershed Council/Mariposa Resource Conservation District both submitted concept proposals to CALFED in this funding cycle. Neither were accepted. In this context, the EMRCD proposal is fragmentary, is straying out of the Lower Merced River Watershed into Eastern Merced vernal pool land that is not in the river watershed, and cannot result in a comprehensive watershed planning tool because it relied on other conceptual proposals that weren't accepted.

· What is the need for watershed coordinator, grant manager, and education/outreach coordinator?

· “Many of the partners and agencies will internalize the ideas and knowledge acquired during the workgroup and planning process, making connections to their institutional strategic plans and budgets.” We would appreciate it if EMRCD staff

· will provide us with their methodology for quantifying the results on this statement.

· “An important component of this project will be the development of concept proposals that would address the needs identified in the plan. With concept proposals in place, landowners, nonprofits and agencies will have the core concepts for implementation ready to use and can more easily acquire funding, permits and/or partners for important work. The business community will become involved stakeholders, recognizing that they have more likely to fund further meetings and projects.” Huh?

· “Many of the concepts introduced during this process may become part of the Merced County General Plan Update currently in process (earliest expected completion date, Spring 2009). Several of Watershed Plan participants are involved in Focus Groups for the County General Plan Update, including EMRCD board members. If the Watershed Plan proposal is funded, the process and the Plan have great potential to influence the County General Plan Update.” Again, we would appreciate the EMRCD staff providing the methodology by which they plan to implement this political fantasy. The Merced River Stakeholders are on record as opposing the Merced River Corridor Restoration Plan being treated as a political policy document locally, regionally or for state or federal use.

· Merced River Stakeholders were denied review of the final proposal. What we see in the concept proposal doesn’t give us a clear picture of the roles or staff, outcomes, or processes by which the tasks will be accomplished. We cannot imagine the CALFED review panel will approve this proposal.

· Finally, our question to CALFED is: Why aren’t the Merced River Stakeholders the preferred vehicle of partnership and consensus at this point?

2) Objections to the process by which the EMRCD, a public agency, bypassed the Merced River Stakeholders in drafting and approving this grant against significant opposition

To: Merced River Stakeholders (MRS) and East Merced Resource Conservation District (EMRCD) Board of Directors
From: Lydia Miller, Merced River Stakeholder, and president of San Joaquin Raptor/Wildlife Rescue Center
Re: Refutation of RCD watershed coordinator’s version of events surrounding two grant proposals
Date: May 23, 2007

This letter will refer to a chain of emails attached below and to notes taken at the March 19 and May 21 MRS during which staff presented two grant proposals for MRS support. Staff’s recollections of events, put forth in her email of May 23, are inaccurate and misleading. Because of the timing, they appear to be last-ditch efforts to influence the RCD board vote this afternoon.

Comments made at the March 19 meeting were not included in the later version of the CalFed grant. Nor were they included in the minutes of the March 19 meeting, which staff admitted at the May 21 meeting.
These comments included:

1) Starting up a Technical Advisory Committee again, after the TAC approach has already proved unsuccessful in the stakeholder process because it separates agencies from other stakeholders and creates a top-down decision-making hierarchy;
2) San Joaquin Valley Blueprint and UC/Great Valley Center experience: there are stakeholders who don’t support either and neither organization has participated in the MRS process;
3) Partners and co-sponsors of these grants have never attended MRS meetings. Staff who created these grants did not recognize local stakeholders except to come to them at the eleventh hour, present them a grant, tell them it couldn’t be changed, and request MRS support;
4) The Merced River has not political voice on the county Board of Supervisors because Supervisor Kelsey recuses herself on all issues involving the river;
5) The California Department of Fish and Game and USFWS Endangered Species Sac. has no involvement in these grants;
6) According to staff, the document to be produced by the CalFed grant will become a part of the Merced County General Plan Update and become planning policy; the partners and co-sponsors on the proposal are not representative of real stakeholders on the river;
7) Merced River Corridor Restoration Plan is not a policy document either, despite repeated attempts of county special interests to make it one; it remains a fluid document;
8) MRS, composed of agencies, landowners, businesses and environmental representatives, has been involved in the stakeholder process since 1999; the partners listed on these grants have not been involved in MRS;
9) MRS did not support the grant concept proposal; MRS will oppose it; it was presented by staff at the March 19 meeting as a done deal in its present form that could not be altered (comments on it weren’t even included in the minutes of the meeting).

At the May 21 meeting of MRS, some new issues were brought out:

1) There at least two grant proposals being submitted and there may be more; they may duplicate tasks; there is no coordination among them – the topic of coordination is mentioned, but not explained;
2) The recipients of funding for staff work are not identified, but it is apparent there will be significant monetary advantage from the grants to RCD, Stillwater, and the Merced River Alliance.
3) The orderly way to proceed on the consultant portion of the grant would be to put the consultant’s tasks out to bid; it appears here that the consultant may have been the primary grant writer;
4) RCD has proving itself on four occasions to be unable to administer past grants; four grants have been frozen due to RCD lack of accountability;
5) Thirty-to-40 concerns were written down by a facilitator who was not invited by MRS at the May 21 meeting; none of these have been incorporated in to the grant nor has their been any attempt to incorporate them into the document the RCD board will be asked to approve today;
Only four stakeholders among the MRS participants had read the grant. None of the four RCD board members had read it. Staff picked and chose who got to see it.

Staff claims the RCD will make all information about tasks in the grants available to the public through its website. RCD staff got off to a bad start: the grant proposals were not posted on its website.
Staff attempts to railroad the MRS have the appearance of corruption.
San Joaquin Raptor Rescue Center and its associated organizations cannot support these grant proposals.

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

3) A statement of the next steps stakeholders will take should this grant be approved
If approval of this grant proceeds, we request a formal hearing to protest further what we consider to be a misuse of public funds. Considering that public funds are involved and there is substantial controversy about the efficacy, propriety and failure of public process by the applicant public agency contained in this proposal concerning vital natural resources in our county, we suggest that the project, if approved, would require CEQA and NEPA review.

We believe the project is legally actionable and are considering our legal options at this time.
We request notification of your decision on the grant. In the event that you approve the grant, we request that you provide us with all material supporting your reasons for that approval.

4) Attached Merced River Stakeholders’ chronology of correspondence on this proposal. (See attachment “MRS Chronology”)
Respectfully,

Lydia M. Miller Steve Burke
San Joaquin Raptor/Wildlife Rescue Center Protect Our Water (POW)
P.O. Box 778 3105 Yorkshire Lane
Merced, CA 95341 Modesto, CA 95350
(209) 723-9283, ph. & fax (209) 523-1391, ph. & fax
raptorctr@bigvalley.net/sjrrc@sbcglobal.net

Bill Hatch
San Joaquin Valley Conservancy
P.O Box 732
Merced, CA 95341
209-723-9283 ph & fax
sjvc@bigvalley.net

Central Valley Safe Environment Network
San Joaquin Raptor /Wildlife Rescue Center Protect Our Water
Merced River Valley Association The Stevinson Citizen’s Group
Planada Association Le Grand Association
Planada Community Development Co. Stanislaus Natural Heritage
San Joaquin Valley Conservancy
CENTRAL VALLEY SAFE ENVIRONMENT NETWORK
MISSION STATEMENT
Central Valley Safe Environment Network is a coalition of organizations and individuals throughout the San Joaquin Valley that is committed to the concept of "Eco-Justice" -- the ecological defense of the natural resources and the people. To that end it is committed to the stewardship, and protection of the resources of the greater San Joaquin Valley, including air and water quality, the preservation of agricultural land, and the protection of wildlife and its habitat. In serving as a community resource and being action-oriented, CVSEN desires to continue to assure there will be a safe food chain, efficient use of natural resources and a healthy environment. CVSEN is also committed to public education regarding these various issues and it is committed to ensuring governmental compliance with federal and state law. CVSEN is composed of farmers, ranchers, city dwellers, environmentalists, ethnic, political, and religious groups, and other stakeholders.

P.O. Box 64
Merced, CA 95341
cvsen@sbcglobal.net
cvsen@bigvalley.net
--------------------------------

----- Original Message -----
From: Four Seasons Ag. Consulting, Inc.
To: 'Raptorctr' ; 'Gwen Huff'
Cc: 'Karen Barstow' ; 'Cathy & Don Weber' ; 'Bernard Wade' ; 'Glenn Anderson' ; 'Whipp' ; Dist4@co.merced.ca.us ; doubletacres@aol.com ; 'SJRRC'
Sent: Friday, June 01, 2007 10:58 PM
Subject: RE: EMRCD Grant Proposal

Dear Lydia,
The grant was finished and sent off to Sacramento at 12:30 pm today, at which time, Gwen, turned her attention to Saturday’s Merced River Fair, which she is responsible for, and the Heartland Festival. Plus she was away from her home computer. I am sure she will send it to you Monday when she is back in her office. There was no slight intended, just the reality of multiple responsibilities.
Hope to see you here, at the Merced River Fair, again this year.
Thanks, Cindy

From: Raptorctr [mailto:Raptorctr@bigvalley.net]
Sent: Friday, June 01, 2007 1:55 PM
To: Gwen Huff
Cc: 'Karen Barstow'; Cindy Lashbrook; Cathy & Don Weber; Bernard Wade; Glenn Anderson; Whipp; Dist4@co.merced.ca.us; doubletacres@aol.com; SJRRC
Subject: Re: EMRCD Grant Proposal
Importance: High

To: Board of Directors, East Merced Resource Conservation District
Date: June 1, 2007
Re: Request to review final copy of grant proposal
Members of the Board,

At the Merced River Stakeholders meeting, EMRCD staff informed stakeholders that changes might be made in the grant proposal that you approved several days later. We have been waiting to view the final document. EMRCD staff has not made it available to stakeholders who have consistently requested to see it.
We are disappointed that the EMRCD board and staff did not give us the opportunity review the proposal before it is submitted.

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

----- Original Message -----
From: Raptorctr
To: Gwen Huff
Cc: 'Karen Barstow' ; Cindy Lashbrook ; Cathy & Don Weber ; Bernard Wade ; Glenn Anderson ; Whipp ; Dist4@co.merced.ca.us ; doubletacres@aol.com
Sent: Tuesday, May 29, 2007 4:50 PM
Subject: EMRCD Grant Proposal

Gwen,

We are requesting that you send us on Friday an electronic copy of the final grant proposal in the form it is being submitted.

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

----- Original Message -----
From: Raptorctr
To: Gwen Huff
Cc: 'Karen Barstow' ; Cindy Lashbrook ; Cathy & Don Weber ; Bernard Wade ; Glenn Anderson ; Whipp ; Dist4@co.merced.ca.us ; doubletacres@aol.com ; SJRRC
Sent: Friday, June 01, 2007 1:55 PM
Subject: Re: EMRCD Grant Proposal

To: Board of Directors, East Merced Resource Conservation District
Date: June 1, 2007
Re: Request to review final copy of grant proposal
Members of the Board,

At the Merced River Stakeholders meeting, EMRCD staff informed stakeholders that changes might be made in the grant proposal that you approved several days later. We have been waiting to view the final document. EMRCD staff has not made it available to stakeholders who have consistently requested to see it.
We are disappointed that the EMRCD board and staff did not give us the opportunity review the proposal before it is submitted.

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

----- Original Message -----
From: Raptorctr
To: Gwen Huff
Cc: 'Karen Barstow' ; Cindy Lashbrook ; Cathy & Don Weber ; Bernard Wade ; Glenn Anderson ; Whipp ; Dist4@co.merced.ca.us ; doubletacres@aol.com
Sent: Tuesday, May 29, 2007 4:50 PM
Subject: EMRCD Grant Proposal

Gwen,

We are requesting that you send us on Friday an electronic copy of the final grant proposal in the form it is being submitted.

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

----- Original Message -----
From: Karen L Whipp
To: Raptorctr ; Gwen Huff
Cc: 'Karen Barstow' ; Cindy Lashbrook ; Cathy & Don Weber ; Bernard Wade ; Glenn Anderson ; Whipp ; Dist4@co.merced.ca.us ; doubletacres@aol.com
Sent: Tuesday, May 29, 2007 5:08 PM
Subject: Re: EMRCD Grant Proposal

Cindy,

We have names that you can us as contact names to see about getting these letters of support If you want I will email them to you later today! ok.

Karen

Raptorctr wrote:
Gwen,

We are requesting that you send us on Friday an electronic copy of the final grant proposal in the form it is being submitted.

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

KL Whipp & Co. Inc.
"providing a voice to those in need"
Karen L. Whipp, President
P.O. Box 1426
Merced, CA 95341-1426
Tel: 209.723.6755
Fax: 209.723.0880
email: kwhipp@klwhippandco.com
website: www.klwhippandco.com

----- Original Message -----
From: Raptorctr
To: Gwen Huff
Cc: 'Karen Barstow' ; Cindy Lashbrook ; Cathy & Don Weber ; Bernard Wade ; Glenn Anderson ; Whipp ; Dist4@co.merced.ca.us ; doubletacres@aol.com
Sent: Tuesday, May 29, 2007 4:50 PM
Subject: EMRCD Grant Proposal

Gwen,

We are requesting that you send us on Friday an electronic copy of the final grant proposal in the form it is being submitted.

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

----- Original Message -----
From: Jon Kelsey
To: SJRRC ; Gwen Huff ; 'Pat Ferrigno' ; 'Hicham Eltal' ; 'Jean Kiel' ; 'Jean Okuye' ; 'Jeannie Habbin' ; 'Jeff McLain' ; 'Jeff Wilson' ; 'Jim Genes' ; 'JoAnne Armstrong' ; 'Joanne Karlton' ; 'Joe Mitchell' ; 'John Shelton' ; 'Kazi Rasheedi' ; 'Ken Jensen' ; 'Kevin Faulkenberry' ; lrobinson@muhsd.k12.ca.us ; 'Maia Singer' ; 'Marc Epstein' ; 'Marna Cooper' ; Marsh Pitman ; 'Mary Ward' ; 'Michael Rood' ; 'Michelle Cuningham' ; 'Mike Bettencourt' ; 'Mike Gallo' ; 'Molly Flemate' ; 'Nancy McConnell' ; 'Pam Buford' ; pklassen@unwiredbb.com ; 'Pat Brantley' ; 'Peggy Vejar' ; 'Rob Root' ; 'Ronnie Grisom' ; 'Rudy & Hope Platzek' ; 'Scott Stoddard' ; 'Scott Turner' ; 'Sharon Boyce' ; 'Steve Simmons' ; 'Tami Cosio' ; 'Tom Grave' ; 'Urla Garland' ; 'Virginia Mahacek' ; 'Zooey Diggory' ; Whipp ; Glenn Anderson ; Bernard Wade ; Cathy & Don Weber ; Mary Furey ; Cindy Lashbrook ; 'Karen Barstow' ; Malia Hildebrandt ; Merced Farm Bureau ; Mike Pellicano ; Tim Johnson ; watershed@sti.net ; watershededucator@sti.net ; Robbyavilla@aol.com ; Koch ; William Loudermilk ; Madelyn T. Martinez ; Rhonda Reed ; Teri Murrison ; William Hatch
Sent: Wednesday, May 23, 2007 4:14 PM
Subject: Re: A point of clarification on EMRCD Grant Proposal

Deidre Kelsey here. I have just today been made aware of the problems with the grant application not being reviewed by the Merced River Stakeholder group. As the Board of Supervisor member who represents the Merced River within Merced County, and who helped launch the Stakeholder process years ago, I am concerned about these problems. I have asked to speak with Gwen Huff and expect she will call me soon. I must correct Ms. Miller's assertion that I am "conflicted' on river issues or have no political voice". This untrue statement, which apparently has been repeated at previous MRS meeting, is misleading and again, is untrue. The future of the river as a resource for our county is what is important. I have helped on many watershed and river related or fishery related issues in the past and I am ready to help with this problem or any other that affects my district and the County of Merced.
Deidre

----- Original Message -----
From: SJRRC
To: Gwen Huff ; 'Pat Ferrigno' ; 'Hicham Eltal' ; 'Jean Kiel' ; 'Jean Okuye' ; 'Jeannie Habbin' ; 'Jeff McLain' ; 'Jeff Wilson' ; 'Jim Genes' ; 'JoAnne Armstrong' ; 'Joanne Karlton' ; 'Joe Mitchell' ; 'John Shelton' ; 'Jon Kelsey' ; 'Kazi Rasheedi' ; 'Ken Jensen' ; 'Kevin Faulkenberry' ; lrobinson@muhsd.k12.ca.us ; 'Maia Singer' ; 'Marc Epstein' ; 'Marna Cooper' ; Marsh Pitman ; 'Mary Ward' ; 'Michael Rood' ; 'Michelle Cuningham' ; 'Mike Bettencourt' ; 'Mike Gallo' ; 'Molly Flemate' ; 'Nancy McConnell' ; 'Pam Buford' ; pklassen@unwiredbb.com ; 'Pat Brantley' ; 'Peggy Vejar' ; 'Rob Root' ; 'Ronnie Grisom' ; 'Rudy & Hope Platzek' ; 'Scott Stoddard' ; 'Scott Turner' ; 'Sharon Boyce' ; 'Steve Simmons' ; 'Tami Cosio' ; 'Tom Grave' ; 'Urla Garland' ; 'Virginia Mahacek' ; 'Zooey Diggory' ; Whipp ; Glenn Anderson ; Bernard Wade ; Cathy & Don Weber ; Mary Furey ; Cindy Lashbrook ; 'Karen Barstow' ; Malia Hildebrandt ; Merced Farm Bureau ; Mike Pellicano ; Tim Johnson ; watershed@sti.net ; watershededucator@sti.net ; Robbyavilla@aol.com ; Koch ; William Loudermilk ; Madelyn T. Martinez ; Rhonda Reed ; Teri Murrison ; William Hatch
Sent: Wednesday, May 23, 2007 1:56 PM
Subject: Re: A point of clarification on EMRCD Grant Proposal
To: Merced River Stakeholders (MRS) and East Merced Resource Conservation District (EMRCD) Board of Directors
From: Lydia Miller, Merced River Stakeholder, and president of San Joaquin Raptor/Wildlife Rescue Center
Re: Refutation of RCD watershed coordinator’s version of events surrounding two grant proposals
Date: May 23, 2007

This letter will refer to a chain of emails attached below and to notes taken at the March 19 and May 21 MRS during which staff presented a grant proposal for MRS support. Later, we discovered there was a second grant proposal that was never submitted to MRS for review or support. Staff’s recollections of events, put forth in her email of May 23, are inaccurate and misleading. Because of the timing, they appear to be last-ditch efforts to influence the RCD board vote this afternoon. As staff stated in her May 16 email response, staff is presenting MRS as a full participant and supporter of these grant proposals.

Lastly, the idea of substituting the Management Plan process for the MRS meetings was not a good one. I heard that loud and clear. I was happy to get that feedback – it reminded me that the MRS meetings are, indeed, valuable for those who come. So, when changing the concept proposal to the final proposal, we will be adding in the MRS meetings. We cannot add anymore to the budget, so we will just have to work things out to accommodate this. Most probably we will hold the MRS meetings on the same day as we hold the logistics meetings to save on costs and it will most likely change to once a quarter instead of every other month. At the MRS meetings we will be able to summarize progress on the Management Plan, but attendees will have had to do their homework on the website because we will want time for group input, not spending too much time bringing everyone up to speed. At these MRS meetings we will ask the group for feedback on the process and the direction, as well as encouraging continued participation in the workgroups.
Oh – and when the workgroups have finished meeting and a draft plan is put together based on their meetings, this draft plan will be circulated to the stakeholders, as well as all work group participants, to see that it accurately reflects their experience. Review from them will shape the final project. -- Email from Gwen Huff to Lydia Miller, May 16, 2007

This comment by RCD staff ignores the fact that consistent stakeholders, who have been in the process since its beginning in 1999, were not involved in the drafting of the proposals, have basic objections to the proposals and will oppose the funding publicly.

The EMRCD Directors have now been made aware of the lapse in soliciting MRS comments and are resolved to rectify that failing. Canceling the current proposal signals termination of the MRS and continued scientific research on the Merced River. Then we are out of the loop and CalFed can award the money to a candidate regardless of content. Best Regards, Bernie

RCD President Bernie Wade's comment in his May 22 email is irresponsible, inaccurate and typical of what the east Merced public has come to expect from the RCD.

1) RCD cannot rectify the failure to solicit MRS comments in time;
2) Cancelling the current proposal does not signal termination of the MRS or continued scientific research: MRS is a volunteer organization that can dispense with the services of a paid coordinator; and according to the primary grant writer, Maia Singer, (during May 21 MRS meeting) there is other grant money available to implement scientific research on the river.

Comments made at the March 19 meeting were not included in the later version of the CalFed grant. Nor were they included in the minutes of the March 19 meeting, which staff admitted at the May 21 meeting.

Some of these comments included:

1) Starting up a Technical Advisory Committee again, after the TAC approach has already proved unsuccessful in the stakeholder process because it separates agencies from other stakeholders and creates a top-down decision-making hierarchy;
2) San Joaquin Valley Blueprint and UC/Great Valley Center experience: there are stakeholders who don’t support either and neither organization has participated in the MRS process;
3) Partners and co-sponsors of these grants have never attended MRS meetings. Staff who created these grants did not recognize local stakeholders except to come to them at the eleventh hour, present them a grant, tell them it couldn’t be changed, and request MRS support;
4) The Merced River has no political voice on the county Board of Supervisors because Supervisor Kelsey recuses herself on all issues involving the river;
5) The California Department of Fish and Game and USFWS Endangered Species Sac. has no involvement in these grants;
6) According to staff, the document to be produced by the CalFed grant will become a part of the Merced County General Plan Update and become planning policy; the partners and co-sponsors on the proposal are not representative of real stakeholders on the river;
7) Merced River Corridor Restoration Plan is not a policy document either, despite repeated attempts of county special interests to make it one; it remains a fluid document;
8) MRS, composed of agencies, landowners, businesses and environmental representatives, has been involved in the stakeholder process since 1999; the partners listed on these grants have not been involved in MRS;
9) Some MRS members did not support the grant concept proposal; they will oppose it; it was presented by staff at the March 19 meeting as a done deal in its present form that could not be altered (comments on it weren’t even included in the minutes of the meeting).

At the May 21 meeting of MRS, some new issues were brought out:

1) There at least two grant proposals being submitted and there may be more; they may duplicate tasks; there is no coordination among them – the topic of coordination is mentioned, but not explained;
2) The recipients of funding for staff work are not identified, but it is apparent there will be significant monetary advantage from the grants to RCD, Stillwater, and the Merced River Alliance.
3) The orderly way to proceed on the consultant portion of the grant would be to put the consultant’s tasks out to bid; it appears here that the consultant may have been the primary grant writer;
4) RCD has proving itself on four occasions to be unable to administer past grants; four grants have been frozen due to RCD lack of accountability;
5) Thirty-to-40 concerns were written down by a facilitator who was not invited by MRS at the May 21 meeting; none of these have been incorporated in to the grant nor has their been any attempt to incorporate them into the document the RCD board will be asked to approve today;
6) Only four stakeholders among the MRS participants had read the grants. None of the four RCD board members had read them. Staff picked and chose who got to see it.

Staff claims the RCD will make all information about tasks in the grants available to the public through its website. RCD staff got off to a bad start: the grant proposals were not posted on its website.

Staff attempts to railroad the MRS have the appearance of corruption.

San Joaquin Raptor Rescue Center and its associated organizations cannot support these grant proposals because staff has already shown it is ignoring significant critical input by MRS members.

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

CHRONOLOGY OF E-MAILS

----- Original Message -----
From: Gwen Huff
To: 'Pat Ferrigno' ; 'Hicham Eltal' ; 'Jean Kiel' ; 'Jean Okuye' ; 'Jeannie Habbin' ; 'Jeff McLain' ; 'Jeff Wilson' ; 'Jim Genes' ; 'JoAnne Armstrong' ; 'Joanne Karlton' ; 'Joe Mitchell' ; 'John Shelton' ; 'Jon Kelsey' ; 'Kazi Rasheedi' ; 'Ken Jensen' ; 'Kevin Faulkenberry' ; lrobinson@muhsd.k12.ca.us ; 'Lydia Miller' ; 'Maia Singer' ; 'Marc Epstein' ; 'Marna Cooper' ; marshpitman@sbcglobal.net ; 'Mary Ward' ; 'Michael Rood' ; 'Michelle Cuningham' ; 'Mike Bettencourt' ; 'Mike Gallo' ; 'Molly Flemate' ; 'Nancy McConnell' ; 'Pam Buford' ; pklassen@unwiredbb.com ; 'Pat Brantley' ; 'Peggy Vejar' ; 'Rob Root' ; 'Ronnie Grisom' ; 'Rudy & Hope Platzek' ; 'Scott Stoddard' ; 'Scott Turner' ; 'Sharon Boyce' ; 'Steve Simmons' ; 'Tami Cosio' ; 'Tom Grave' ; 'Urla Garland' ; 'Virginia Mahacek' ; 'Zooey Diggory'
Sent: Wednesday, May 23, 2007 8:35 AM
Subject: A point of clarification on EMRCD Grant Proposal

Pat and Bernie –

I just wanted to add a little bit to this discussion on the point about gathering input from stakeholders. The effort may or may not have been adequate in everyone’s opinion, but below you will find my recollections on what was done.

At the March MRS meeting printed copies of the concept proposal were made available, for anyone who cared to have one.

During the meeting a presentation was made outlining the proposed grant and request made for input from stakeholders. Comments were made and incorporated.

Upon notification that we had been asked to submit a full proposal, the following email went out to the entire MRS:

Stakeholders –

Today we received the very good news that our concept proposal was accepted to go to the next, and final round. You may remember we talked about this at the last MRS meeting and you said you wanted to give more input to the final proposal. I will call all the stakeholders who have been frequent attendees and we will go over the project as it now stands and see where we can modify to make it better. If you are not a regular attendee, and you want to participate in this process, please let me know. I will be happy to call you, too.

Also, at the next MRS meeting, May 21, our primary order of business will be to go over the proposed project and get input from the stakeholders as a whole. I hope that you will make an effort to be there. I’ll be sending out more meeting details later.

I am pleased that we were asked to go forward – I think the project has potential to coordinate many of the diverse efforts and interests in the Merced Watershed.

Following this, contact was made with all those who regularly attend stakeholder meetings, soliciting their input. Those contacted by email only were also sent a summary of the concept proposal. The text of such emails is as follows:

As you will remember, at the last MRS meeting we talked about the upcoming grant proposal. I’m attaching a summary of the draft proposal to help jog your memory.

There were some comments that I received that we will be incorporating into the final proposal, they are:

· Keep the Merced River Stakeholders meetings going (we will – may have to go to once a quarter)
· Review the focus areas for the work groups (looking for your input on this)
· Be sure to include more stakeholders so all organizations are working together (any organizations you know of that we should contact?)
· Be careful that the management team isn’t separate from stakeholders (may rename this to the “Logistics Workgroup” rather than “Management Team” as the bulk of work will be compiling and sorting information from the workgroups, and outside sources, as well as setting up and facilitating workgroup meetings. The real work will take place in the workgroups. Additionally, the minutes of the “Logistics Workgroup” will be posted with all other work group meetings on the website that will be set up for this and the meetings will be open to all)

If you would like to talk to me or email me about this issues, or others that come up for you, regarding the grant proposal, I am very anxious to have as much input as possible from every interested (and even not so interested) party.

Remember – this is due in Sacramento by June 1st and the sooner we get any comments, the more likely we will be able to incorporate them. Thanks for taking the time to look at this.

One stakeholder requested the full concept proposal and this was sent. Two stakeholders responded to this request for input, Glenn Anderson who provided suggestions on workgroup content, and Sharon Dragovich stating;

As of now, my family’s position is the same as at the last meeting. We do not believe that this grant is consistent with the direction which the property owners (those who make their living along land contiguous to the river) have supported in the past and we cannot support it.

We believe the appropriate focus of the Merced River Stakeholders Group should be (1) oversight of projects which impact the River and (2) education. We expect to be present and to participate in the discussion on Monday night. The Grants timing is unfortunate for farmers (this is everyone’s busy season) and it is doubtful that we will be able to get them to attend this meeting; we will keep the property owners group up to date on the discussion through 1:1 contact and mailings.

Sharon’s family was contacted (Pat Ferrigno and Mike Bettencourt) by phone and personal visit in order to hear their concerns and attempt to shape the proposal to better represent their interests.

Lastly, the May MRS meeting devoted a significant portion of the time to the concept proposal.

Respectfully submitted - Gwen
------------------

From: Pat Ferrigno [mailto:pferrigno@elite.net]
Sent: Wednesday, May 23, 2007 4:16 AM
To: 'Brwade@aol.com'
Subject: RE: May 22nd Update

Bernie: Nothing in our previous comments was meant to impugn your sincerity or good faith in dealing with EMRCD or MRS and I apologize to you if that was your interpretation. The fact that you must book-end meetings with a 125 mile commute is solid evidence of your commitment; I’m not sure how many of us would make that sacrifice.

There is an appearance of impropriety, a sense that the process has become inbred. The entire MRS meeting was agenda-ed as a discussion of the grant application—but a copy of the grant was supplied only to those who specifically requested it (Lydia Miller and Sharon Dragovich). The grant application was written, reviewed, and approved by the same committee and the members of that committee appear to be the direct financial beneficiaries of the grant.

Actually, staff for this project has never been formally identified nor have their qualifications to represent the diverse watershed interests been described. There were no job descriptions nor qualifications outlines included in the grant application we received.

The #1 Project Priority stated in this grant is to “Broaden the participation of Federal, State, or local government agencies with watershed partnerships”. How many of us have had our lives/property improved through participation of the government? With the shortage of water which is looming in the future of California and the upcoming (2012?) change in the MID relationship with the River, we are all very sensitive; several of the identified partners in this grant are already “water shopping”. These groups have never been involved in watershed activities on the Merced; what criteria was used to select partners? What is the objective of the partnership? These are valid questions which were never addressed/answered.

Comments made at the meeting espoused the thesis that MRS has no standing because it is “only” a consensus group; therefore there was no imperative for this grant to be presented to MRS. Does it not seem hypocritical for this project to be excepted from review when we have, as a group, scrutinized and withheld endorsement of other projects?

No one wants MRS to die for lack of funding; if necessary, we will keep it going through purely volunteer efforts until we can identify a funding source. MRS is the only forum for interaction and the exchange of ideas; it provides the opportunity of face-to-face meeting for those who have nothing in common except MRS.

We don’t know the answer to this grant funding cycle dilemma; the copy of the grant which we reviewed at MRS does not represent the views of many of the stakeholders. Does EMRCD have the right to proceed with attempting to obtain grant funding for a project which lacks broadbased grassroots support? Thank you for acknowledging the awareness which EMRCD now has regarding this situation. We no longer feel that it is necessary to submit a formal letter to you.

Best regards,
Pat Ferrigno, Mike Bettencourt, Sharon Dragovich
--------------------------

From: Brwade@aol.com [mailto:Brwade@aol.com]
Sent: Tuesday, May 22, 2007 5:08 PM
To: pferrigno@elite.net
Subject: May 22nd Update

Dear Pat, A case well explained. I appreciate your comments and pointing out the consultations we had missed. I thought the MRS had been notified and had received copies of the Grant Proposal. There has never been on my part any attempt to ignore MRS or any other concerned input. I think the Directors saw this as a continuation of River Studies already underway and we were merely complying with the CalFed request for a
Grant Proposal. I know the time limit for submittals has been extremely close. The Vernal Pools Grant proposal had to be submitted in a little over 48 hours.

The EMRCD Directors have now been made aware of the lapse in soliciting MRS comments and are resolved to rectify that failing. Canceling the current proposal signals termination of the MRS and continued scientific research on the Merced River. Then we are out of the loop and CalFed can award the money to a candidate regardless of content. Best Regards, Bernie

PS. Myself, and the Directors I know, have never received any compensation for our
participation in the EMRCD even though we are legally entitled to mileage fees.
In fact, we have contributed out of pocket to make up a short fall.
PPS. Pat, Please feel free to forward to this to the CC: of your letter.

----- Original Message -----
From: Pat Ferrigno
To: Brwade@aol.com
Cc: gwenhuff@comcast.net ; 'Hicham Eltal' ; 'Jean Kiel' ; 'Jean Okuye' ; 'Jeannie Habbin' ; 'Jeff McLain' ; 'Jeff Wilson' ; 'Jim Genes' ; 'JoAnne Armstrong' ; 'Joanne Karlton' ; 'Joe Mitchell' ; 'John Shelton' ; 'Jon Kelsey' ; 'Kazi Rasheedi' ; 'Ken Jensen' ; 'Kevin Faulkenberry' ; lrobinson@muhsd.k12.ca.us ; 'Lydia Miller' ; 'Maia Singer' ; 'Marc Epstein' ; 'Marna Cooper' ; marshpitman@sbcglobal.net ; 'Mary Ward' ; 'Michael Rood' ; 'Michelle Cuningham' ; 'Mike Bettencourt' ; 'Mike Gallo' ; 'Molly Flemate' ; 'Nancy McConnell' ; 'Pam Buford' ; pklassen@unwiredbb.com ; 'Pat Brantley' ; 'Pat Ferrigno' ; 'Peggy Vejar' ; 'Rob Root' ; 'Ronnie Grisom' ; 'Rudy & Hope Platzek' ; 'Scott Stoddard' ; 'Scott Turner' ; 'Sharon Boyce' ; 'Steve Simmons' ; 'Tami Cosio' ; 'Tom Grave' ; 'Urla Garland' ; 'Virginia Mahacek' ; 'Zooey Diggory'
Sent: Tuesday, May 22, 2007 1:26 PM
Subject: RE: EMRCD

Dear Bernie:

We were very disappointed with the discussion regarding the EMRCD grant application at the Merced River Stakeholders (MRS) meeting on Monday night. The conflict of interests present in the entire situation are disconcerting: the facilitator for MRS is applying for a grant under the auspices of EMRCD which will be reviewed by the EMRCD board which includes the MRS co-facilitator; plus the MRS facilitator did not acknowledge the importance of the MRS reviewing the concept grant before submission even though this is what we have perceived as the role of MRS since its inception. And, the RCD will receive the overhead allocation in this grant by providing oversight, which oversight will be provided by the RCD Board which includes beneficiaries of the grant, which beneficiaries include a member of the Planning Commission.

Bernie, I don’t have to be an attorney to know that this isn’t good; there has to be some Federal statute about the fox guarding the henhouse. I don’t think that is what the regulators have in mind when they talk about transparency!

Our aggregate project went under the microsope of MRS scrutiny for six months of meetings; your tailings project has been on the agenda many times. It is mind-boggling that the facilitator(!) has so little respect for the role of MRS that she chose to simply ignore that forum. The excuse that the time schedule did not allow review is a non-starter: Gwen has made multiple contacts with Lydia Miller and with members of our family by telephone and e-mail (and even an unannounced visit to my brother’s home) in her quest to garner after-the-fact support for this grant; the same avenues were available and would have had more success before the concept proposal was submitted.

I am sure that I don’t have to tell you that we will oppose this grant application with all of the resources available to us.

You will receive our formal letter of opposition prior to the meeting. We would appreciate our position being noted in the minutes.

Thank you.

----- Original Message -----
From: Gwen Huff
To: 'Raptorctr'
Sent: Wednesday, May 16, 2007 11:07 AM
Subject: RE: Merced River Grant Proposal

Hi Lydia –

Thanks for the response and I will answer your questions in order.

What is the role of the Merced River Stakeholders' Group in this East Merced Resource Conservation District proposal?

There are several roles. First would be participation of individual members of the MRS in the work groups. That is where an understanding of topic areas will come from, as well as identifying needs and determining future direction. The fact the stakeholders are willing to come to meetings, demonstrates an active interest in the river and they will be critical to the work group process.

Secondly, all the information from the workgroups, including the logistics planning and background information gathering, will be posted to a website that is interactive. Most people won’t be willing or able to make most meetings, but they can stay current and add in their information through the website. Merced River Stakeholders members will again be really important to have participating in that.

Lastly, the idea of substituting the Management Plan process for the MRS meetings was not a good one. I heard that loud and clear. I was happy to get that feedback – it reminded me that the MRS meetings are, indeed, valuable for those who come. So, when changing the concept proposal to the final proposal, we will be adding in the MRS meetings. We cannot add anymore to the budget, so we will just have to work things out to accommodate this. Most probably we will hold the MRS meetings on the same day as we hold the logistics meetings to save on costs and it will most likely change to once a quarter instead of every other month. At the MRS meetings we will be able to summarize progress on the Management Plan, but attendees will have had to do their homework on the website because we will want time for group input, not spending too much time bringing everyone up to speed. At these MRS meetings we will ask the group for feedback on the process and the direction, as well as encouraging continued participation in the workgroups.

Oh – and when the workgroups have finished meeting and a draft plan is put together based on their meetings, this draft plan will be circulated to the stakeholders, as well as all work group participants, to see that it accurately reflects their experience. Review from them will shape the final project.

How much funding is left for Stakeholders' meetings?

Right now the MRS meetings are funded through our DOC grant, which ends next month. The May meeting will be the last one to be funded by that grant. From then until May of next year the funding will come from the Merced River Alliance Project. Though not specifically named in the grant, there are hours available for “building the Alliance” and the functioning of the MRS is very important for that. Also, there is soon to be another grant proposal out for watershed coordinator work – a continuation of the DOC grant work. We will be applying for it as soon as it is out and we will be asking for continued funding of the stakeholders.

How much money is being budgeted in the proposal for Stakeholders' meetings?

We haven’t gotten that far yet. The concept proposal didn’t have any money budgeted for stakeholder meetings, but that will change when we do the final proposal. We are still working on it, but the thinking is that we will move enough money that way to be sure that there will at LEAST be a quarterly MRS meeting. If we get more funding, we can continue to have meetings every other month.

Would you send a copy of the NFWF grant?
It is attached

Lydia Miller

----- Original Message -----
From: Raptorctr
To: Gwen Huff
Sent: Tuesday, May 15, 2007 3:04 PM
Subject: Re: Merced River Grant Proposal

Gwen,

What is the role of the Merced River Stakeholders' Group in this East Merced Resource Conservation District proposal? How much funding is left for Stakeholders' meetings?
How much money is being budgeted in the proposal for Stakeholders' meetings?
Would you send a copy of the NFWF grant?

Lydia Miller

----- Original Message -----
From: Gwen Huff
To: Lydia Miller ; Lydia Miller
Sent: Thursday, May 10, 2007 4:16 PM
Subject: Merced River Grant Proposal

Hi Lydia –

I just left you a phone message, and here is the follow-up. As you will remember, at the last MRS meeting we talked about the upcoming grant proposal. I’m attaching a summary of the draft proposal and a full draft as well, to help refresh your memory.

There were some comments that I received that we will be incorporating into the final proposal, they are:

1. Keep the Merced River Stakeholders meetings going (we will – may have to go to once a quarter)
2. Review the focus areas for the work groups (looking for your input on this)
3. Be sure to include more stakeholders so all organizations are working together (any organizations you know of that we should contact?)
4. Be careful that the management team isn’t separate from stakeholders (may rename this to the “Logistics Workgroup” rather than “Management Team” as the bulk of work will be compiling and sorting information from the workgroups, and outside sources, as well as setting up and facilitating workgroup meetings. The real work will take place in the workgroups. Additionally, the minutes of the “Logistics Workgroup” will be posted with all other work group meetings on the website that will be set up for this and the meetings will be open to all)

I would like to talk, or email, about these issues, or others that come up for you, regarding the grant proposal. I am very anxious to have as much input as possible from every interested (and even not-so-interested) party.

Remember – this is due in Sacramento by June 1st and the sooner we get any comments, the more likely we will be able to incorporate them. Thanks for taking the time to look at this.

Gwen

Gwen Huff
Watershed Coordinator
East Merced Resource Conservation District
Home Office (559) 497-5033
Mobile (559) 250-4734
gwenhuff@comcast.net

----- Original Message -----
From: Gwen Huff
To: gwenhuff@comcast.net ; Hicham Eltal ; Jean Kiel ; Jean Okuye ; Jeannie Habbin ; Jeff McLain ; Jeff Wilson ; Jim Genes ; JoAnne Armstrong ; Joanne Karlton ; Joe Mitchell ; John Shelton ; Jon Kelsey ; Kazi Rasheedi ; Ken Jensen ; Kevin Faulkenberry ; lrobinson@muhsd.k12.ca.us ; Lydia Miller ; Maia Singer ; Marc Epstein ; Marna Cooper ; marshpitman@sbcglobal.net ; Mary Ward ; Michael Rood ; Michelle Cuningham ; Mike Bettencourt ; Mike Gallo ; Molly Flemate ; Nancy McConnell ; Pam Buford ; pklassen@unwiredbb.com ; Pat Brantley ; Pat Ferrigno ; Peggy Vejar ; Rob Root ; Ronnie Grisom ; Rudy & Hope Platzek ; Scott Stoddard ; Scott Turner ; Sharon Boyce ; Steve Simmons ; Tami Cosio ; Tom Grave ; Urla Garland ; Virginia Mahacek ; Zooey Diggory
Sent: Wednesday, May 02, 2007 10:29 AM
Subject: FW: Merced River Mgt Plan Grant Proposal

Stakeholders –

Today we received the very good news that our concept proposal was accepted to go to the next, and final round. You may remember we talked about this at the last MRS meeting and you said you wanted to give more input to the final proposal. I will call all the stakeholders who have been frequent attendees and we will go over the project as it now stands and see where we can modify to make it better. If you are not a regular attendee, and you want to participate in this process, please let me know. I will be happy to call you, too.

Also, at the next MRS meeting, May 21, our primary order of business will be to go over the proposed project and get input from the stakeholders as a whole. I hope that you will make an effort to be there. I’ll be sending out more meeting details later.

I am pleased that we were asked to go forward – I think the project has potential to coordinate many of the diverse efforts and interests in the Merced Watershed.

See you soon!

Gwen

Gwen Huff
Watershed Coordinator
East Merced Resource Conservation District
Home Office (559) 497-5033
Mobile (559) 250-4734
gwenhuff@comcast.net

| »

The real Merced River Stakeholders agenda, time and place

Submitted: Sep 18, 2007

Merced River Stakeholders Meeting

September 24, 2007

6 p.m.-8:30 p.m.

Washington School

4402 W. Oakdale Road, Winton

AGENDA

6:00 Introductions, Minutes Approval, Agenda Review

6:15 Updates

Merced Irrigation District Ted Selb

Merced County Planning Department Jeff Wilson

Grant Reporting

DOC II: Watershed coordinator update:

Reports from Gwen Huff, Cindy Lashbrook

Prop. 13: Merced River Alliance:

Reports from Cathy Weber, Cindy Lashbrook, Karen Whipp, Nancy McConnell

Props. 50 and 84 if applicable

6:30 Grant Discussion

Protest letters to EMRCD grant proposal (please refer to attachments)
California Public Records Act requests regarding existing grants in which MRS is "partnered"
Letter to suspend public grant-fund releases until relationship with MRS and EMRCD/Merced River Alliance/Watershed Coordinator is clarified
Support/non-support of EMRCD
Continued Facilitation of the Merced River Stakeholders
MRS grant development
EMRCD/MRS website
Merced River Alliance newsletter

Announcements

Next meeting date

Refreshments will be provided by the Bettencourt family and can be accessed at any time during the meeting. There will be no break.

Past meeting minutes can be found at www.emrcd.org/stakeholders

Produced by Stakeholders for Stakeholders

MERCED RIVER STAKEHOLDERS

MISSION STATEMENT

Provide a collaborative forum for coordination, and gathering and sharing of information

about the Merced River watershed. Protect and enhance the lower Merced River Watershed such that the natural processes, ecosystems, and its unique characteristics are conserved and restored. Foster voluntary stewardship in advance of habitat degradation and regulatory action.

Strive for a balanced level of human interaction within the watershed.

GOALS

Educate the public about the Merced River watershed and its importance.

Foster and improve communication among affected private individuals, interested citizens, commercial interests, educational institutes, and representatives of local, state and federal agencies.

| »

Badlands replies to local lit doyenne's bad vibes

Submitted: Sep 18, 2007

The Badlands Journal editorial board received this e-mail from Ocean Jones, director of the Valley Voices Writers Project and partner in the unsuccessful grant application by the East Merced Resource Conservation District for a half a million dollars to turn the Merced River into a public relations extravaganza. The people of California would have paid staffers with the Merced River Alliance a large part of that grant for the benefit of this hoopla.

> ----- Original Message -----
> From: "ocean jones"
> To:
> Sent: Tuesday, September 18, 2007 7:01 AM
> Subject: bad vibes
>
>
> > Dear BADLANDS,
> > What an appropriate title you have selected. I think that before you take
> > up any more of anyones' time you, yourself need to get your facts straight and
> > stop misrepresenting and attacking people who are out to try to make an
> > improvement in the environment and our communities. Why you think it is OK to spread
> > this nonsense any further is beyond me. If you want to make a positive contribution -
> > then please try to rethink what you are putting out into the universe and be more
> > responsible for the effect your words have. On the other hand, if that is not your
> > intent - as your continued vengeance against specific people would seem to
> > suggest - then maybe you could take that vindictive energy and turn it around into
> > something that would build up our community instead of tearing it down.
> > I wonder how you have come to the conclusion that you know and speak the
> > truth - think again and again and then again.
> > Ocean

The Badlands Journal editorial board has a soft place in its collective heart for poets. God love 'em, society gives them the back of its hand. But most poets we've met are upfront about their dyslexia. Reading tedious prose documents like grant proposals, environmental impact reports, environmental legal briefs and such, is just not their thing. These documents don't swing. And, of course, many poets are far too refined to participate in distasteful public processes where ill is likely to be spoken of them to their faces and behind their backs. Such people would be incapable of one hard day of environmental justice work in a county whose landuse authorities are owned--lock, stock and barrel--by finance, insurance and real estate special interests.

Poets are loyal to a fault to their friends, a quality you can't get enough of in this society. However, when defense of friends crosses the line to defense of grant proposals for large sums of public funds -- like this EMRCD $500,000 grant proposal shot down by the real stakeholders on the Merced River -- what in private life is called friendship, in public life becomes cronyism, wherein the poet sacrifices her innocence.

We are going to take a wild guess and say that Ms. Jones has no more idea of what was in that failed grant than she does about what's in a pony motor on a D-2 Caterpiller tractor. We guess she has no more idea about how that grant fits in with a regional integrated water plan, regional transportation blueprint, riparian rights on the river, riparian wildlife corridors or the county general plan update--than how the pony motor is connected to the deisel engine, the final drives and the tracks of an old Cat. Yet she was a partner on this failed grant. She would have attended very expensively facilitated workshops with guys from public works, CalTrans, and kids from the 4H, Farm Bureau and UC Merced staff, and a host of consultants, among others. She would have been part of:

An education group (that) will bring together various educational entities (including agencies) in order to combine resources in watershed education, as well as develop a plan for addressing needs. Outreach will be conducted through media throughout the project as well as development of an outreach plan for the watershed.--Watershed Management Plan Proposal, East Merced Resource Conservation District, May 2007

It didn't swing for us but maybe a poet could hear it's inner lyric. To us, it sounded like a collection of loosely connected grant-grifter cliches assembled to build a propaganda machine to railroad environmental values, property interests and water rights on the Merced River for the benefit of special interests. It almost achieves the level of prime UC Merced Bobcatflak on behalf of the most environmentally ruinous project to ever hit Merced County.

There is a system of near perfect political projection going on in Merced at the moment and this grant proposal is a flashpoint. According to this wacko system, Merced River Alliance staff is free to badmouth members of the Merced River Stakeholders who have been working on river issues collectively for nearly a decade and individually for much longer at public meetings and in private -- including declaring "war" on them. When stakeholders respond, those tedious documents in hand, these bullies whine that they are being attacked and enlist the aid of poetical cronies to counterattack. It's a sick scene.

Badlands Journal editorial board

| »

East Merced Resource Conservation District not lookin' too good

Submitted: Sep 17, 2007

The Badlands Journal editorial board believes it is necessary to clarify some matters. We are aware, from reports of people who fear reprisal and whose anonymity is safe with us, that there is quite a propaganda campaign going on against the Merced River Stakeholders, claiming they are “obstructionists.”

The Merced River Stakeholders (MRS), for those who have not attended its meetings in its near decade of existence, is a collaborative forum of people representing the full array of divergent interests concerning the Merced County reach of the Merced River. After some years of committee work on a system of governance for the MRS, stakeholders decided that it should remain a collaborate forum. This was decided with respect for the divergence of the interests included in the MRS. Stakeholders believe they need to meet, share information, discuss river issues, yet maintain their autonomy of action. MRS members strongly defend the processes they have created for their group and believe these are the only processes that will maintain the MRS and continue the valuable work it does.

The propaganda campaign against members of the MRS comes from particular individuals, visible in the community, for specific reasons. Because important matters are at stake, there are also less visible players and interests behind the attack against MRS. To understand the hostility, it is necessary to follow the money.

The public funds for scientific work and watershed coordination on our reach of the Merced River are administered by the East Merced Resource Conservation District (EMRCD), which has non-profit status and is therefore eligible to receive grant funds. A group of staff people, who facilitate publicly funded grants, have collected into yet another agency, called the Merced River Alliance. Public funds are disbursed by the EMRCD to a scientific consultant and to the Merced River Alliance.

Grants of state and federal funds require local stakeholders’ support. In past successful grants, the Alliance staffers wrote grant proposal for the EMRCD to public agencies, the MRS was presented in the grants as supporting their aims, purposes, and the salary requests of the Alliance staff. In a recent, unsuccessful grant proposal, the EMRCD and Alliance staff did not claim the support of the MRS.

Alliance staff wrote a grant this spring for the EMRCD to the state Department of Water Resources for about $500,000, claiming the support of a number of occasional stakeholders, most of whom have never participated in MRS meetings. From the start Alliance staff was required to show the proposal to MRS members. Two MRS member groups in particular were concerned about this grant: the San Joaquin Raptor/Wildlife Rescue Center and representatives of the river property owners.

The Raptor Center has a well-known reputation for upholding correct public processes, proven in court on many occasions. Its president, Lydia Miller, sensed that Merced River Alliance staff, through the EMRCD, was trying to railroad a grant through because they weren’t following proper protocol with the Merced River Stakeholders. The river property owners correctly guessed that this grant could adversely affect property owners’ water rights.

One of the grants administered by the EMRCD for Alliance staff is a watershed coordinator grant. Part of the responsibilities of the watershed coordinator is to facilitate MRS meetings. The Raptor Center and river property owners, in two spring meetings before the due date for the final EMRCD grant proposal, continually voiced objections to the grant. The Alliance facilitator and several stakeholders who are also EMRCD and/or Alliance staffers continued to ignore those objections. MRS members told them that they would file protest letters with DWR, the grantor agency.

The opposition to the concerns of the property owners and the Raptor Center was led by a newly appointed county planning commissioner, who is also a paid staffer on the Merced River Alliance and an associate member of the board of directors of the EMRCD. The Badlands Journal editorial board believes that Merced County Planning Commissioner Cindy Lashbrook is in deep conflict-of-interest.

When the deadline for submission of the grant to the state DWR arrived, stakeholders were denied access to the final document. The excuse offered by Alliance staffers was that the MRS facilitator had to turn her attention immediately to work on the River Fair and so just couldn’t get a copy of the final grant out to the MRS. The River Fair, partially funded by public agencies, was held on the riverside farm of Commissioner Lashbrook.

The following week, the Raptor Center, numerous groups and river property owners filed letters of opposition with the granting agency, DWR.

At a recent public meeting of the board of the EMRCD, Lashbrook emotionally expressed her sense of betrayal that the DWR accepted the letters in opposition, saying that if she had known material could be submitted after the deadline she could have gathered many signatures on a petition supporting the grant. One question MRS members have is: Who did she think was betraying her?

The Alliance staff did not give MRS copies of the final grant for review and comment before the grant was submitted. This was done in the face of well-known opposition. The staffers believed that MRS opposition letters filed after the deadline would be rejected by the DWR. This was not the case. The case was that the grant was rejected, based in part on the strong opposition of members of the MRS. This is not the first time that MRS members have successfully stopped inappropriate grants with letters of opposition to state and federal funders.

Since the state agency rejected the EMRCD grant, there has been a concerted campaign mounted by disgruntled members of the board of EMRCD and the Merced River Alliance to discredit the MRS, particularly the Raptor Center and river property owners. This “obstructionist” campaign deepens suspicions in the MRS that it is the object of a power play to eliminate stakeholder influence on Merced River policies.

The latest attempt concerns the next MRS meeting, the subject of several e-mails presented below. At the last EMRCD board meeting, a request by the Raptor Center to include its letter of opposition to the grant in the next MRS information package was unanimously refused by the board.

The Merced County Board of Supervisors appoints the EMRCD board. It acknowledges it is a public agency, known as a “special district,” and is subject to the state Brown Act governing its conduct. The opposition letter is a public document submitted to a state agency in opposition to a grant seeking public funds. There is no question here: the EMRCD has a duty to release that letter to the MRS. Yet, the board bought the argument that because EMRCD administers the grant that covers the MRS facilitator, it can prohibit public information from being distributed by the MRS facilitator to the MRS members.

Meanwhile, MRS members discovered that MRS meetings are no longer listed in the Merced River Alliance newsletter. Curiously, the MRS facilitator is the editor of this newsletter.

The MRS facilitator, having rejected a meeting agenda offered by MRS members for their own meeting, has now changed the meeting venue to UC Merced, where the MRS has never met. The next meeting of the MRS should be held at a familiar location, where farmers in the middle of harvest can come without campus police questioning their appearance.

Badlands Journal editorial board
-------------------------------

To: Gwen Huff, EMRCD/Merced Alliance Watershed Coordinator/Merced River Stakeholders Facilitator
From: San Joaquin Raptor/Wildlife Rescue Center
Re: Your Sept. 10 telephone calls and draft Agenda
Date: Sept. 12, 2007

Gwen,
We received your telephone call on Sept. 10 concerning your proposed agenda for the next Merced River Stakeholders (MRS) meeting. The agenda appears to have been proposed by the East Merced Resource Conservation District (EMRCD) rather than the stakeholders, whose facilitator you are paid by public funds to be. Due to your inability to maintain a value-free, professional facilitation position with stakeholders during this period of conflict between MRS and EMRCD, and in light of the RCD board's recent decision to suppress public documents from MRS view, as members of MRS, we will be forced to make inquiries to your funders about your facilitation grant.

As members of the MRS, we reject an agenda, originating with the RCD board, a majority of whose members regard the MRS is unnecessary, that MRS should spend half its next meeting discussing its charter, with respect to how often it will meet and how it participates in grant development. Our mission statement and goals, painstakingly worked out over a period of years of meetings, are clearly stated on the EMRCD website.

MERCED RIVER STAKEHOLDERS
MISSION STATEMENT
Provide a collaborative forum for coordination, and gathering and sharing of information
about the Merced River watershed. Protect and enhance the lower Merced River Watershed such that the natural processes, ecosystems, and its unique characteristics are conserved and restored. Foster voluntary stewardship in advance of habitat degradation and regulatory action.
Strive for a balanced level of human interaction within the watershed.
GOALS
Educate the public about the Merced River watershed and its importance.
Foster and improve communication among affected private individuals, interested citizens, commercial interests, educational institutes, and representatives of local, state and federal agencies.

We members of MRS are content to be a collaborative forum. If MRS members who are also EMRCD board members and/or staff of the Merced Alliance are unhappy with them, as far as we are concerned their discontent does nothing but raise issues of conflict-of-interest and perception of corruption, already well articulated in our protest letters and petitions sent to the state Department of Water Resources in opposition to your grant application. Your refusal, as MRS facilitator, to circulate these documents, along with
the chronology of emails in the weeks and days prior to your final grant application, does nothing to relieve suspicion of conflict-of-interest and perception of corruption.
We find it less pardonable that a member of the RCD board and staff for the RCD and Merced River Alliance, Merced County Planning Commissioner Cindy Lashbrook is, as presented in the public minutes of the last EMRCD public meeting, the most vociferous proponent of suppressing distribution of public information to the MRS. EMRCD, a public agency, whose board is appointed by the Merced County Board of Supervisors, is subject to the Brown Act. This, too, will need looking into.

In fact, the MRS stakeholders' process worked exactly as it was designed to in the case of the grant application, which would have feathered a few staff nests in the course of performing studies that some stakeholders perceived as detrimental to their particular business or environmental interests. Those few members of the MRS who received and read copies of the draft grant application opposed it, believing it was against our interests.
We expressed our opposition in a completely lawful process, by sending letters and petitions to the funders, and the grant was rejected by those funders. Now the EMRCD, represented in the next MRS meeting by your biased facilitation and a few stakeholders conflicted by their membership on the EMRCD board and/or drawing staff salaries from EMRCD and the Merced River Alliance, want to change the MRS charter? You want to cut back our meetings because the EMRCD "administers" your watershed coordinator grant? On whose authority?

The EMRCD complaint for failure to receive grant funds in this cycle -- because of the political incompetence of yourself, an out-of-town facilitator who would not reveal who was paying for her, Planning Commissioner Lashbrook, Supervisor Kelsey and, most of all, the EMRCD board of directors -- is with your prospective funders, not with the MRS. The MRS, a collaborative forum, did exactly what it was intended by its Mission Statement and Goals to do. Members of the MRS who opposed the grant and opposed the deplorable attempt by EMRCD/Merced River Alliance staff, including MRS stakeholders, for personal profit, to railroad the process with the MRS. We offered to meet and discuss. You and other EMRCD/Merced River Alliance staff and board members rebuffed our offer.

"EMRCD is supported by public funds; there is a forgotten concept that the public has a
right to equal access to information under the law. This attempt at suppression raises the question of just what ERMCD is attempting to hide. The property owners and the raptor group rarely see eye-to-eye but neither of us has ever advocated suppression of the other's information/opinion." -- Pat Ferrigno to Gwen Huff, email, Sept. 10, 2007

We reject the EMRCD agenda for the MRS meeting. We once again request that you, the MRS facilitator paid with public funds, distribute to MRS members:

The EMRCD rejected grant application;
the two MRS letters and accompanying petitions;
all correspondence from the state DWR concerning why your application was rejected;
the letter of Nancy McConnell (also publicly paid staff of Merced River Alliance) on the
meeting with DWR official Dan Wermiel in Snelling concerning the grant;
any other documents concerning the grant;
EMRCD legal justification for its board's decision not to distribute public information
concerning the MRS to the members of the MRS.

Lydia Miller, President
San Joaquin Raptor/Wildlife Rescue Center
P.O. Box 778
Merced, CA 95341
raptorctr@bigvalley.net
SJRRC@sbcglobal.net

----------------
From: gwenhuff@comcast.net
To: SJRRC@sbcglobal.net; Raptorctr@bigvalley.net; brwade@aol.com; Dist4@co.merced.ca.us; pferrigno@elite.net
Date: Wed, 12 Sep 2007 13:30:05 -0700

The agenda item “MRS and Grant Development” was agreed upon by the stakeholders at their last meeting. The item “MRS Charter” was added by me to frame this discussion –a starting point of agreed upon goals and mission. I don’t know where you got the idea that the charter would be changed, though it can be if the stakeholders see fit. Cut back on the MRS meetings? I have no authority (nor intent) to do that. I can only offer facilitation services as the grant allows. I asked for your input, as well as other stakeholders, on the agenda. You have not provided any suggestions for agenda items. The meeting notification must go out TODAY – the meeting is only a week and a half away and many receive notification by regular mail only. If you have suggestions on modifying the agenda, please get back to me right away.
-----------------------

From: SJRRC@sbcglobal.net
To: gwenhuff@comcast.net; brwade@aol.com; Dist4@co.merced.ca.us
Subject: Yet another request- Items for Sept 24th MRS- Protest letter, MRS chronology & public minutes.
Date: Wed, 12 Sep 2007 14:26:22 -0700

Gwen,
This is not true. We and other MRS stakeholders have asked you numerous times for distribution of the material attached to this email, sent to you and EMRCD President Bernie Wade on August 8, September 6, and September 12. The material is attached as we have provided all along. We asked for additional information in our September 12 letter to be made available. All of this material pertains to talking about grant applications.
We requested that the EMRCD send this material to the MRS before its next meeting as a matter of courtesy to the EMRCD board. We were stunned that the EMRCD board displayed at its August 15 meeting such a hyper-inflated view of its authority that it voted unanimously to prohibit the MRS facilitator, yourself, to distribute a public letter in opposition to the EMRCD grant application. We were further appalled to witness a county official, Planning Commissioner Cindy Lashbrook, leading the argument for this prohibition. Your manifest gratitude to the EMRCD for making this decision destroyed our trust in you as a professional facilitator.
We got the idea that you and members of the EMRCD board who also sit on the MRS group were planning to try to change the MRS Mission Statement and Goals, which you misname the "Charter," from your telephone call to Lydia Miller on September 10 in which you talk of "reviewing the charter" with an eye to limiting the number of meetings and how the MRS can or cannot participate in grant proposals and how to limit the effect of its recommendations.
You have repeatedly ignored our requests for distribution of information, behaving as if
"they are off the table," behaving as if you were the president of the MRS instead of its facilitator, paid by public funds. The EMRCD board is behaving as if it believes that the MRS is an unnecessary institution for discussion of Lower Merced River issues. Cindy Lashbrook, EMRCD board member, Merced River Alliance staff and Merced County Planning Commissioner is on record in two public meetings as saying she is "at war" with some MRS stakeholders and the EMRCD "doesn't need" the MRS. EMRCD/Merced River Alliance Grant Administrator Karen Whipp is on record as saying that because EMRCD administers your grant, it can direct you to suppress distribution of public information to MRS stakeholders.
You and the EMRCD and the Merced River Alliance have taken an unwise course since the grant application first surfaced in March. By attempting to railroad that grant over the MRS, you have seen the authority the MRS has and have demonstrated the kind of ambitions EMRCD/Merced River Alliance staff have. This has now caused suspicion of EMRCD intents, purposes, and legality. Unwise.

Lydia Miller, President
San Joaquin Raptor/Wildlife Rescue Center
------------

To: Bernard Wade, President East Merced Resource Conservation District
From: San Joaquin Raptor/Wildlife Rescue Center, MRS stakeholder
Re: Protest against actions taken by EMRCD/Merced River Alliance watershed
coordinator and MRS facilitator
Date: Sept. 13, 2007

Bernie,

We are writing to protest actions taken by the EMRCD, recently and specifically by MRS
facilitator, Gwen Huff. EMRCD administers grant funding from the state Department of
Conservation II and Prop. 13 for EMRCD/Merced River Alliance staff, including Huff. At your last board meeting, the board unanimously passed a motion to prohibit Huff, the MRS facilitator, from distributing a public documents written by a group of MRS stakeholders to DWR concerning a EMRCD grant application for public funds.
We are making a formal request that you direct the MRS facilitator to:

1) Distribute to MRS stakeholders prior to their next meeting on Sept. 24 the public documents in opposition to the EMRCD grant proposal from SJRRC and the Bettencourt family to the state Department of Water Resources;
2) Send all MRS stakeholders a copy of the latest list of email and regular mail addresses of all MRS stakeholders -- since Huff has been the facilitator this list has been suppressed and not available to stakeholders;
3) Provide us with copies of any documents that support the EMRCD board claim that because the MRS facilitator's grant funding is administered by EMRCD, the EMRCD has authority over the MRS and is authorized to direct the MRS facilitator to commit or omit actions MRS stakeholders regard as prejudicial to their interests and their rights to information essential to their understanding of issues before their collaborative forum.
4) Change the proposed venue for the Sept. 24 MRS meeting to a location familiar to MRS stakeholders.

Lydia Miller, President
San Joaquin Raptor/Wildlife Rescue Center
----------------

From: Brwade@aol.com
To: SJRRC@sbcglobal.net
Sent: Monday, September 17, 2007 5:24 PM
Subject: Re: Request for July MRS minutes and email list

Dear Lydia, Gwen has been out of town and I don't know if she is back yet for the minutes. I am waiting for a policy decision from CARCD regarding distribution of material through EMRCD. Best Regards, Bernie

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Antidote to Petraeus Week

Submitted: Sep 16, 2007
“From the moment a soldier enlists, we inculcate loyalty, duty, honor, integrity, and selfless service,” Taguba said. “And yet when we get to the senior-officer level we forget those values. I know that my peers in the Army will be mad at me for speaking out, but the fact is that we violated the laws of land warfare in Abu Ghraib. We violated the tenets of the Geneva Convention. We violated our own principles and we violated the core of our military values. The stress of combat is not an excuse, and I believe, even today, that those civilian and military leaders responsible should be held accountable.” -- New Yorker, Seymour Hirsh, June 25, 2007

The Bush administration, with the help of its pet general, have put on quite a show this week. It reminds us of some of the worst propaganda since the months before the invasion and occupation of Iraq or the propaganda campaigns about the Vietnam War 40 years ago.

However, there are signs that reality is still an option, even in some military circles. Admiral William Fallon, chief of the Central Command (CENTCOM), is widely reported to have

“derided Petraeus as a sycophant during their first meeting in Baghdad last March, according to Pentagon sources familiar with reports of the meeting. Fallon told Petraeus that he considered him to be ‘an ass-kissing little chickenshit’ and added, ‘I hate people like that’, the sources say.”

Petraeus is reported to have told an Iraqi official that he planned to run for president one day, which fits with his triumphal march on the national Capitol. He will be running on the Roman Party ticket in 2012, one presumes.

Meanwhile, even Alan Greenspan, former chairman of the Federal Reserve, has admitted in print, "I am saddened that it is politically inconvenient to acknowledge what everyone knows: the Iraq war is largely about oil."

If there is an antidote to General Petraeus' triumphal march on Washington, it is to reread the story of General Antonio Taguba, who investigated the Abu Ghraib scandal, as reported (see below) by Seymour Hirsh, in the New Yorker last June. Hersh, who at times has publicly said he finds himself writing an alternative history of the Iraq War, provides us with a sober alternative to Petraeus in his portrait of military honor, bravery and honesty in "The General's Report."

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

9-16-07
CommonDreams.org (The Observer/UK)
http://www.commondreams.org/archive/2007/09/16/3879/
Greenspan Admits Iraq was About Oil, As Deaths Put at 1.2 Million
by Peter Beaumont and Joanna Walters in New York

The man once regarded as the world’s most powerful banker has bluntly declared that the Iraq war was ‘largely’ about oil.Appointed by Ronald Reagan in 1987 and retired last year after serving four presidents, Alan Greenspan has been the leading Republican economist for a generation and his utterings instantly moved world markets. In his long-awaited memoir — out tomorrow in the US — Greenspan, 81, who served as chairman of the US Federal Reserve for almost two decades, writes: ‘I am saddened that it is politically inconvenient to acknowledge what everyone knows: the Iraq war is largely about oil.’...

9-15-07
CounterPunch
The General Came to Washington
By ALEXANDER COCKBURN
www.counterpunch.com

Blend a war and a presidential campaign and you have a recipe for 200 proof mendacity, as the Petraeus hearings at the start of the week triumphantly proved...

9-14-07
Asia Times Petraeus out of step with US top brass
By Gareth Porter
http://www.atimes.com/atimes/Middle_East/II14Ak02.html

WASHINGTON - In sharp contrast to the lionization of General David Petraeus by members of the US Congress during his testimony this week, Petraeus's superior, Admiral William Fallon, chief of the Central Command (Centcom), derided Petraeus as a sycophant during their first meeting in Baghdad in March, according to Pentagon sources familiar with reports of the meeting. Fallon told Petraeus that he considered him to be "an ass-kissing little chickenshit" and added, "I hate people like that," the sources say. That remark reportedly came after Petraeus began the meeting by making remarks that Fallon interpreted as trying to ingratiate himself with a superior...

9-11-07
CommonDreams
Swear Him In!
by Ray McGovern
http://www.commondreams.org/archive/2007/09/11/3755/

That’s all I said in the unusual silence on Monday afternoon as first aid was being administered to Gen. David Petraeus’ microphone before he spoke before the House Armed Services and Foreign Affairs Committees.It had dawned on me that when House Armed Services Committee Chairman Ike Skelton (D-Missouri) invited Gen. Petraeus to make his presentation, Skelton forgot to ask him to take the customary oath to tell the truth, the whole truth, and nothing but the truth. I had no idea that my suggestion would be enough to get me thrown out of he hearing...

6-25-07
New Yorker
Annals of National Security
The General’s Report
How Antonio Taguba, who investigated the Abu Ghraib scandal, became one of its casualties.
by Seymour M. Hersh
http://www.newyorker.com/reporting/2007/06/25/070625fa_fact_hersh

On the afternoon of May 6, 2004, Army Major General Antonio M. Taguba was summoned to meet, for the first time, with Secretary of Defense Donald Rumsfeld in his Pentagon conference room. Rumsfeld and his senior staff were to testify the next day, in televised hearings before the Senate and the House Armed Services Committees, about abuses at Abu Ghraib prison, in Iraq. The previous week, revelations about Abu Ghraib, including photographs showing prisoners stripped, abused, and sexually humiliated, had
appeared on CBS and in The New Yorker. In response, Administration officials had insisted that only a few low-ranking soldiers were involved and that America did not torture prisoners. They emphasized that the Army itself had uncovered the scandal.
If there was a redeeming aspect to the affair, it was in the thoroughness and the passion of the Army’s initial investigation. The inquiry had begun in January, and was led by General Taguba, who was stationed in Kuwait at the time. Taguba filed his report in March. In it he found: Numerous incidents of sadistic, blatant, and wanton criminal abuses were inflicted on several detainees . . . systemic and illegal abuse.
Taguba was met at the door of the conference room by an old friend, Lieutenant General Bantz J. Craddock, who was Rumsfeld’s senior military assistant. Craddock’s daughter had been a babysitter for Taguba’s two children when the officers served together years earlier at Fort Stewart, Georgia. But that afternoon, Taguba recalled, “Craddock just said, very coldly, ‘Wait here.’ ” In a series of interviews early this year, the first he
has given, Taguba told me that he understood when he began the inquiry that it could damage his career; early on, a senior general in Iraq had pointed out to him that the abused detainees were “only Iraqis.” Even so, he was not prepared for the greeting he received when he was finally ushered in.
“Here . . . comes . . . that famous General Taguba—of the Taguba report!” Rumsfeld declared, in a mocking voice. The meeting was attended by Paul Wolfowitz, Rumsfeld’s deputy; Stephen Cambone, the Under-Secretary of Defense for Intelligence; General Richard Myers, chairman of the Joint Chiefs of Staff (J.C.S.); and General Peter Schoomaker, the Army chief of staff, along with Craddock and other officials. Taguba, describing the moment nearly three years later, said, sadly, “I thought they wanted to know. I assumed they wanted to know. I was ignorant of the setting.”
In the meeting, the officials professed ignorance about Abu Ghraib. “Could you tell us what happened?” Wolfowitz asked. Someone else asked, “Is it abuse or torture?” At that point, Taguba recalled, “I described a naked detainee lying on the wet floor, handcuffed, with an interrogator shoving things up his rectum, and said, ‘That’s not abuse. That’s torture.’ There was quiet.”
Rumsfeld was particularly concerned about how the classified report had become public. “General,” he asked, “who do you think leaked the report?” Taguba responded that perhaps a senior military leader who knew about the investigation had done so. “It was just my speculation,” he recalled. “Rumsfeld didn’t say anything.” (I did not meet Taguba until mid-2006 and obtained his report elsewhere.) Rumsfeld also complained about not being given the information he needed. “Here I am,” Taguba recalled Rumsfeld saying, “just a Secretary of Defense, and we have not seen a copy of your report. I have not seen the
photographs, and I have to testify to Congress tomorrow and talk about this.” As Rumsfeld spoke, Taguba said, “He’s looking at me. It was a statement.”
At best, Taguba said, “Rumsfeld was in denial.” Taguba had submitted more than a dozen copies of his report through several channels at the Pentagon and to the Central Command headquarters, in Tampa, Florida, which ran the war in Iraq. By the time he walked into Rumsfeld’s conference room, he had spent weeks briefing senior military leaders on the report, but he received no indication that any of them, with the exception of General Schoomaker, had actually read it. (Schoomaker later sent Taguba a note praising his
honesty and leadership.) When Taguba urged one lieutenant general to look at the photographs, he rebuffed him, saying, “I don’t want to get involved by looking, because what do you do with that information, once you know what they show?”
Taguba also knew that senior officials in Rumsfeld’s office and elsewhere in the Pentagon had been given a graphic account of the pictures from Abu Ghraib, and told of their potential strategic significance, within days of the first complaint. On January 13, 2004, a military policeman named Joseph Darby gave the Army’s Criminal Investigation Division (C.I.D.) a CD full of images of abuse. Two days later, General Craddock and
Vice-Admiral Timothy Keating, the director of the Joint Staff of the J.C.S., were e-mailed a summary of the abuses depicted on the CD. It said that approximately ten soldiers were shown, involved in acts that included:
Having male detainees pose nude while female guards pointed at their genitals; having female detainees exposing themselves to the guards; having detainees perform indecent acts with each other; and guards physically assaulting detainees by beating and dragging them with choker chains.
Taguba said, “You didn’t need to ‘see’ anything—just take the secure e-mail traffic at face value.”
I learned from Taguba that the first wave of materials included descriptions of the sexual humiliation of a father with his son, who were both detainees. Several of these images, including one of an Iraqi woman detainee baring her breasts, have since surfaced; others have not. (Taguba’s report noted that photographs and videos were being held by the C.I.D. because of ongoing criminal investigations and their “extremely sensitive nature.”) Taguba said that he saw “a video of a male American soldier in uniform sodomizing a female detainee.” The video was not made public in any of the subsequent court proceedings, nor has there been any public government mention of it. Such images would have added an even more inflammatory element to the outcry over Abu Ghraib. “It’s bad enough that there were photographs of Arab men wearing women’s panties,” Taguba said...
Rumsfeld was vague, in his appearances before Congress, about when he had informed the President about Abu Ghraib, saying that it could have been late January or early February. He explained that he routinely met with the President “once or twice a week . . . and I don’t keep notes about what I do.” He did remember that in mid-March he and General Myers were “meeting with the President and discussed the reports that we had obviously heard” about Abu Ghraib.
Whether the President was told about Abu Ghraib in January (when e-mails informed the Pentagon of the seriousness of the abuses and of the existence of photographs) or in March (when Taguba filed his report), Bush made no known effort to forcefully address the treatment of prisoners before the scandal became public, or to reëvaluate the training of military police and interrogators, or the practices of the task forces that he had authorized. Instead, Bush acquiesced in the prosecution of a few lower-level soldiers.
The President’s failure to act decisively resonated through the military chain of command: aggressive prosecution of crimes against detainees was not conducive to a successful career.
In January of 2006, Taguba received a telephone call from General Richard Cody, the Army’s Vice-Chief of Staff. “This is your Vice,” he told Taguba. “I need you to retire by January of 2007.” No pleasantries were exchanged, although the two generals had known each other for years, and, Taguba said, “He offered no reason.” (A spokesperson for Cody said, “Conversations regarding general officer management are considered private personnel discussions. General Cody has great respect for Major General Taguba as an officer, leader, and American patriot.”)
“They always shoot the messenger,” Taguba told me. “To be accused of being overzealous and disloyal—that cuts deep into me. I was being ostracized for doing what I was asked to do.”
Taguba went on, “There was no doubt in my mind that this stuff”—the explicit images—“was
gravitating upward. It was standard operating procedure to assume that this had to go higher. The President had to be aware of this.” He said that Rumsfeld, his senior aides, and the high-ranking generals and admirals who stood with him as he misrepresented what he knew about Abu Ghraib had failed the nation.
“From the moment a soldier enlists, we inculcate loyalty, duty, honor, integrity, and selfless service,” Taguba said. “And yet when we get to the senior-officer level we forget those values. I know that my peers in the Army will be mad at me for speaking out, but the fact is that we violated the laws of land warfare in Abu Ghraib. We violated the tenets of the Geneva Convention. We violated our own principles and we violated the core of our military values. The stress of combat is not an excuse, and I believe, even today, that those civilian and military leaders responsible should be held accountable.”

5-10-04
New Yorker
Annals of National Security
Torture at Abu Ghraib
American soldiers brutalized Iraqis. How far up does the responsibility go?
by Seymour M. Hersh
http://www.newyorker.com/archive/2004/05/10/040510fa_fact

...A fifty-three-page report, obtained by The New Yorker, written by Major General Antonio M. Taguba and not meant for public release, was completed in late February. Its conclusions about the institutional failures of the Army prison system were devastating. Specifically, Taguba found that between October and December of 2003 there were numerous instances of “sadistic, blatant, and wanton criminal abuses” at Abu Ghraib. This systematic and illegal abuse of detainees, Taguba reported, was perpetrated by soldiers of the 372nd Military Police Company, and also by members of the American intelligence community. (The 372nd was attached to the 320th M.P. Battalion, which reported to Karpinski’s brigade headquarters.) Taguba’s report listed some of the wrongdoing:
Breaking chemical lights and pouring the phosphoric liquid on detainees; pouring cold water on naked detainees; beating detainees with a broom handle and a chair; threatening male detainees with rape; allowing a military police guard to stitch the wound of a detainee who was injured after being slammed against the wall in his cell; sodomizing a detainee with a chemical light and perhaps a broom stick, and using military working dogs to frighten and intimidate detainees with threats of attack, and in one instance actually biting a detainee.
There was stunning evidence to support the allegations, Taguba added—“detailed witness statements and the discovery of extremely graphic photographic evidence.” Photographs and videos taken by the soldiers as the abuses were happening were not included in his report, Taguba said, because of their “extremely sensitive nature.”
The photographs—several of which were broadcast on CBS’s “60 Minutes 2” last week—show leering G.I.s taunting naked Iraqi prisoners who are forced to assume humiliating poses. Six suspects—Staff Sergeant Ivan L. Frederick II, known as Chip, who was the senior enlisted man; Specialist Charles A. Graner; Sergeant Javal Davis; Specialist Megan Ambuhl; Specialist Sabrina Harman; and Private Jeremy Sivits—are now facing prosecution in Iraq, on charges that include conspiracy, dereliction of duty, cruelty toward prisoners, maltreatment, assault, and indecent acts. A seventh suspect, Private Lynndie England, was reassigned to Fort Bragg, North Carolina, after becoming pregnant.
The photographs tell it all. In one, Private England, a cigarette dangling from her mouth, is giving a jaunty thumbs-up sign and pointing at the genitals of a young Iraqi, who is naked except for a sandbag over his head, as he masturbates. Three other hooded and naked Iraqi prisoners are shown, hands reflexively crossed over their genitals. A fifth prisoner has his hands at his sides. In another, England stands arm in arm with Specialist Graner; both are grinning and giving the thumbs-up behind a cluster of perhaps seven naked Iraqis, knees bent, piled clumsily on top of each other in a pyramid. There is another photograph of a cluster of naked prisoners, again piled in a pyramid. Near them stands Graner, smiling, his arms crossed; a woman soldier stands in front of him, bending over, and she, too, is smiling. Then, there is another cluster of hooded bodies, with a female soldier standing in front, taking photographs. Yet another photograph shows a kneeling, naked, unhooded male prisoner, head momentarily turned away from the camera, posed to make it appear that he is performing oral sex on another male prisoner, who is naked and hooded.
Such dehumanization is unacceptable in any culture, but it is especially so in the Arab world. Homosexual acts are against Islamic law and it is humiliating for men to be naked in front of other men, Bernard Haykel, a professor of Middle Eastern studies at New York University, explained. “Being put on top of each other and forced to masturbate, being naked in front of each other—it’s all a form of torture,” Haykel said...

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Proximity to a boom-doggle

Submitted: Sep 14, 2007

We thought UC Merced's First Chancellor Carol "Cowgirl" Tomlinson-Keasey's late-Nineties slogan --"Proximity is destiny" -- was about the finest piece of UC Merced Bobcatflak in an era of budget surpluses we ever heard. For those uninitiated in the Fabulous UC Bobcatflak or merely forgetful, the Cowgirl used the slogan to emphasize that -- although no one has yet figured out exactly why -- proximity to a UC campus raises the percentage of the population who goes to college. This percentage is supposed to be the best measure mankind has found for Truth and Beauty.

For those of us outside the Valley leadership circle, it was apparent that something else entirely was taking place, for which we created the slogan: "Proximity is density." Subdivision after subdivision was built and Merced vied with Sacramento, Stockton, Modesto and the State of Nevada for being the top target of real estate speculators taking out subprime mortgages. As these mortgages "reset" to much higher payments, "proximity" is beginning to mean dry lawns, dead garden foliage and swimming pools turned into stagnant mosquito nurseries.

The people of Merced were raped by the University of California, the developers on its board of trustees, it local, state and federal politicians (especially Rep. Dennis Cardoza, Shrimp Slayer-Merced), land-use planning agencies, local large landowners and special interests representing finance, insurance (like Bob "Mr. UC Merced" Carpenter), and real estate from here, there and everywhere.

Badlands Journal estimates that 40 percent of the real estate transactions in Merced were speculations and we are certain that largest part of the Merced population has only begun to realize the negative economic consequences of having won the competition for the San Joaquin Valley UC campus. For us, proximity to UC Merced means exorbitant real estate prices. We won't be elevated. We will be squeezed out and replaced, having fattened landlords, banks and realtors, utilities and local government on the way out.

The public works improvements required to support the new development is being built on our backs. We will see yet another million-dollar campaign to persuade us to raise our sales taxes to help pay for various expressways all leading to UC Merced. And this campaign, like all the others, will receive the enthusiastic endorsement of the people we elect to government, who gambled that we would pay for all the public works needed to support so much speculative development for the profit of so few and, it is becoming apparent, hardship for so many.

Honestly considered, UC Merced is an overpriced, under-enrolled, scofflaw junior college. It has been such an outrageous development project that -- a fitting tribute to its creators -- it has engendered a genuine addition to the American language, the word "boom-doggle," coined by a member of our editorial board.

Badlands Journal editorial board
--------------------------------

9-14-07
Merced Sun-Star
County report card close to D's and F's in 2006...Abby Souza
http://mercedsunstar.com/167/story/35941.html

Of the 40 California counties surveyed last year, Merced ranked 39th for the percentage of residents older than 24 who hold a high school diploma; only Imperial County ranked lower...the percentage of adults who hold a bachelor's degree, Merced ranked 38th out of 40. Sixty-four percent of Merced County residents over the age of 24 have a high school diploma. That compares with the statewide 80 percent and the national 84 percent. Eleven percent of Merced residents over 24 hold bachelor's degrees, compared with California's 30 percent.
While experts say lifting Merced out of its next-to-last position might prove a bewildering task, the implications of its ranking are clear. "The ripple effect that comes with an uneducated population is huge," said Simon Weffer, a professor of sociology at UC Merced...
The data come from the census bureau's 2006 American Community Survey, now conducted annually in cities and counties above a certain population.
While it's easy to blame Merced's K-12 education system...the causes lie with the types of industries in Merced, said Adrian Griffin, a senior policy analyst with the California Postsecondary Education Commission...said that Merced lacks industries that require an educated work force. For that reason, he said, highly educated Mercedians often leave the area to start their careers. ...people moving to Merced tend to be less educated.
Many say UC Merced is the key to accomplishing both, but that major change will take time. As a research university, Kevin Browne, UC Merced's vice chancellor of enrollment, said UC Merced will eventually attract high-tech companies. And even for students who don't choose UC Merced, the university's mere presence can make a difference, Browne said.

Modesto Bee
Housing tab rising in Northern San Joaquin ValleyJ.N. Sbranti
http://www.modbee.com/business/story/67789.html.

Homeowners in the valley pay far more each month for housing than most Americans, according to the 2006 American Community Survey...new data also shows homeownership rates are lower in the valley than the national average, while housing costs consume a much larger share of residents' income.
Homeowners traditionally have been advised to keep housing costs below 30 percent of their income. The same goes for renters, but many of the valley's renters didn't do that last year. In Merced County, for example, 51 percent of renters spent more than one-third of their income on housing.
The Northern San Joaquin Valley expanded its housing stock much faster than the national average from 2000 to 2006...census statistics show, the number of housing units rose 9 percent nationally but more than 18 percent in Merced and San Joaquin counties, and nearly 14 percent in Stanislaus County.
Despite the rapid growth, the valley's homeownership rates still lag behind the U.S. average. That's particularly true in the city of Merced, where census statistics show fewer than 40 percent of homes are owner-occupied. Nationwide, more than 67 percent of homes are owner-occupied.

Foreclosure not an issue for nation's vast majority...Kenneth R. Harney, Washington Post
http://www.modbee.com/business/story/67771.html

The rate of American home loans entering the foreclosure process last quarter hit the highest it's been in the history of the survey, which dates back to 1953.
But from a national perspective... The answer is: Not as bad as it may sound. Drill down into the latest delinquency and foreclosure numbers and you'll find that for the overwhelming majority of homeowners across the country, delinquency and foreclosure are not issues -- at least not yet.
To begin with, remember that mortgage delinquency problems only affect people with outstanding loans, and more than one out of three homeowners own their properties debt-free. Of the remaining two-thirds of all owners with active mortgage accounts -- the latest survey examined 44 million of them -- prime loans that are 30 days past due or more constitute just 2.6 percent of all loans nationwide. In other words, among mortgages made to borrowers with good credit at application, 97.4 percent are continuing to be paid on time.
The numbers get more sobering when you look at how borrowers with subprime mortgages are performing: 14.5 percent of them nationwide are behind on their payments by at least 30 days. That's more than five times the rate of delinquency among prime borrowers. On the other hand, 85.5 percent of subprime borrowers are still paying on time every month, according to the survey.
The numbers get even worse when you look at the performance of subprime borrowers who took out adjustable-rate loans, such as the notorious "2/28" mortgages that allow low monthly payments for the first two years but then reset upward with a big jolt at the beginning of the third.
What about the record jumps in new foreclosure filings? In 34 states, the rate of new foreclosures actually decreased. In most other states, the increases were minor, except in California, Florida, Nevada and Arizona, where they were attributable in part to investors walking away from condos, second homes and rental houses they bought during the boom years. In Nevada, for instance, non-owner-occupied (investor) loans accounted for 32 percent of all serious delinquencies and new foreclosure actions. In Florida, the investor share of serious delinquencies was 25 percent, in Arizona, 26 percent and in California, it was 21 percent.
Bottom line: The scary foreclosure and delinquency rates you're hearing about are for real. But they're highly concentrated -- among loan types, local and regional economies, and especially prevalent among investors in formerly high-flying markets who are finally throwing in the towel.

Sacramento Bee
Foreclosures gain on sales
An ugly new duel in capital area: Home keys picked up vs. those lost...Jim Wasserman
http://www.sacbee.com/103/story/378452.html

...For roughly every two homes sold in August in the capital region, one house went into foreclosure, according to the newest sales statistics released Thursday...
grim ratio may worsen as fall and winter sales traditionally slow and foreclosures keep rising, analysts say. Already, in Sacramento County in August, there were more defaults -- the first indicator of payment problems that can trigger foreclosure -- than sales, DataQuick reported.
Last month, 2,978 new owners picked up keys to homes they purchased in Amador, El Dorado, Nevada, Placer, Sacramento, Sutter, Yolo and Yuba counties, La Jolla-based DataQuick Information Systems reported Thursday. But in those same counties during August, 1,367 homeowners in foreclosure handed their keys back to the bank, according to Fair Oaks-based Foreclosures.com, a Web site for real estate investors.
"Sacramento (County) was positioned almost perfectly to take the brunt of this housing storm," said DataQuick analyst Andrew LePage.
Sacramento County now shows the region's worst ratio of sales to foreclosures. The county reported 1,527 escrow closings during August and 772 bank repossessions, according to DataQuick. The county also tallied more defaults during the month -- 1,869 -- than sales, statistics show. But analysts like McGee are quick to caution that only about one-third of people going into default will eventually lose their homes to foreclosure. DataQuick says about half of those in default in California will likely lose their homes.

8-31-07
Merced Sun-Star
Are we forever poor?...Our View
http://www.mercedsunstar.com/opinion/story/13944522p-14506970c.html

Distressing news came to light this week when it was revealed Merced County residents are poorer than ever... new information from the United States Census Bureau should be a rallying cry for making wholesale improvements to underlying conditions present in the county...more must be done -- and soon -- to raise the educational level of Merced County's residents. We need more high-paying jobs with the well-qualified workers to fill these positions. Both of these elements are lacking right now. we need stepped-up efforts to enhance this area's chances of landing top-notch employers looking for qualified workers. More minimum-wage jobs aren't the answer. Between 2005 and 2006, the percentage of Merced County residents living in poverty rose from 18.1 percent to 21.5 percent...about one out of every five people living here. The county's median income level also dropped nearly $1,600 between the two years, further evidence of this area's profound poverty and worsening economic conditions. It's no secret Merced County's economy is not very well-diversified at present. It's mainly farm-based, subject to vagaries from Mother Nature and cyclical agricultural conditions. Couple recent setbacks in some crops along with a severe downturn in the county's housing industry and one can see why the poverty figures have jumped.

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Growth robs water from existing residents

Submitted: Sep 11, 2007
Until our water authorities base their new commitments on an actual -- legally sound -- surplus we will continue to subsidize new development while we experience rationing, reduced use forced by rate increases, cost-prohibitive landscaping and a gradual decline in agriculture.-- Glenn Carroll, North County Times, Sept. 11, 2006

9/11/07

North County Times

Guest Column: Is conserved water fueling overgrowth?...Glenn Carroll, Fallbrook resident
Glenn Carroll was a director for the Tuolumne Utilities District for four years
http://www.nctimes.com/articles/2007/09/11/opinion/commentary/22_18_199_10_07.txt

Water authorities tell us to conserve due to shortages while they continue making commitments to serve new development. Some agricultural users face 30 percent cutbacks in January, yet growth marches on. Water derived from cutbacks is apparently considered "surplus" for growth. If additional supplies are not developed, each new house added increases the point at which we will face future cutbacks.

Growers are already impacted by heavy price competition from foreign imports, like avocados from Mexico. It is no wonder the San Diego County Water Authority's water management plan projects a 42 percent reduction in agriculture by 2030 "primarily due to conversion to housing."

Reservoirs were supposedly built to provide emergency backup for existing customers during droughts, plus some capacity for growth. But during shortages the question arises how they separate the backup water from that designated for development.

Theoretically, existing customers should not have to cut back in dry years -- unless their water is used for new customers.

Why not ration new development along with everyone else? Some water officials respond that denying new hookups at this time would be unfair to the plans of developers since the present shortage is considered temporary. Indications are, however, the opposite is true: The Colorado River is in its eighth year of drought. The Sierra snowpack is only 40 percent of normal and has been diminishing for years. Environmental problems plague our northern delivery system. Climate change is now taken seriously. This area is experiencing a historic drought. Another water official says, "This could be the beginning of a long-term shift" in water resources.

Plans to develop additional water like desalination are uncertain and far in the future. A proposed new canal from the north to increase supplies would take more than 20 years to complete -- if the bond passes (it was defeated once). Same story for new reservoirs.

Metropolitan Water District -- our major supplier -- was hit in 2003 with a 50 percent cutback in its Colorado River allotment due to states upriver exercising seniority rights. California's share was reduced from 1,212,000 acre-feet per year to 606,000 acre-feet per year. The San Diego County Water Authority signed subsequent contracts for an additional 277,700 acre-feet per year, but California still ends up 328,300 acre-feet per year short of its original allotment. (An acre-foot serves two homes/eight people.)

Metropolitan also receives water from the State Water Project. However, our San Diego County Water Authority has been routinely overdrawing its 15.8 percent legal entitlement from this source (25 percent in 2004), but since there are districts in the Los Angeles area that have not yet reached full build-out, this has not been an issue. It's something for future generations to deal with.

Until our water authorities base their new commitments on an actual -- legally sound -- surplus we will continue to subsidize new development while we experience rationing, reduced use forced by rate increases, cost-prohibitive landscaping and a gradual decline in agriculture.

Growth clearly has priority over existing residents.

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Behind the curve

Submitted: Sep 07, 2007

Politics attracts all sorts. In fact the personalities in politics are probably as complicated as a number of the systems in nature. However, politics never resembled a Sunday school class.

One of the many rough distinctions one can make about people in politics is between those who read and those who don't.

The other day I happened to be in a meeting in a distant town in which a small disagreement broke out between someone who reads and someone who doesn't. The one who doesn't read was talking about his long friendly chats with a local land-use official. The fellow who reads documents countered, saying that documents indicate the land-use official has been lying in his teeth for months.

"You're just ahead of the curve," the jawboner replied, dismissively.

The north San Joaquin Valley is now the most notorious region in the nation for foreclosures stemming from our red-hot speculative real estate boom. The nation itself is notorious for having started a world-wide credit crisis, stemming from bad subprime loans. North San Joaquin Valley land-use authorities, cities and counties, were enabling partners in this global scam all the way. If it hadn't been for a few lawsuits, they would have done more.

A whole lot of fine print went unread. But the people who wrote it knew what they were doing.

Now, city, county and state officials, probably under panicked pressure from bankers, plan to do something about it. They are behind the curve. They didn't read the documents. They were told by a number of people who do read documents -- which would not include their newspapers -- that this was going to happen. They were told. They were warned. They arrogantly dismissed all the warnings because they didn't come from the developer bought-and-sold McClatchy Chain.

Now, from so far behind the curve they hope you will not be able to see who they are, they gently nudge the barn door, which will be stuck wide open at least until these individuals are thrown out, some into cells if wheels of justice still grind here.

We are supposed to applaud their responsible reforms? They prey upon the public's belief in government, which is a good belief. They follow the Bush line that any criticism of politicians and policies of the existing government is unpatriotic and anti-government and, of course against "our sacred American Way of Life."

The American Way of Life is not this corrupt, it is not this irresponsible. It does not depend on urban sprawl or even NASCAR. Our government has not always lied to us like this much. Corrupt public officials have been sent to prison. The government did not fall. In fact, it got better. But, government around here is beginning to look like a pork barrel full of bad apples.

Now these same elected officials and "planners," who have profited from the boom, expect the people to believe they can "reform"? What contempt they have for the public they have injured on behalf of a small group of finance, insurance and real estate special interests in these northern San Joaquin Valley counties.

Is it deserved? Perhaps. Even now, groups of the usual suspects representing the usual groups of official citizens, refuse to read documents and continue to allow themselves to be flattered by politicians and planners that meeting and talking makes all the difference, when in fact it has never made any difference in land-use planning around here. These are the professional citizens who live in mortal fear that if they get close enough to "the curve" waves will appear. In this, they are abetted every step of the way by the McClatchy Chain. How can a story involving a policy on commercial development fees to be submitted to a city council five of seven of whose members have real estate licenses be reported with a straight face?

This Merced story looks like a pretty, fallen cottonwood leaf floating on a dairy lagoon. There is not one word about the employment commercial development would bring to a city where unemployment is again rising. In the Modesto story, at least the reader can catch the scent of fear and aggression in the general air.

Badlands editorial board
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9-7-07
Merced Sun-Star
Developer perks may be on the chopping block...Leslie Albrecht
http://www.mercedsunstar.com/local/story/13964798p-14524813c.html

Take your handout requests elsewhere.
That's the message the Merced City Council could soon send to builders if it approves a new policy banning discounts on commercial development fees.
The Planning Commission approved the policy Wednesday night; the City Council is scheduled to consider it Sept. 17.
The policy would "make it clear that the city is not inclined to entertain requests for financial incentives for commercial development and ... refrains from negotiating impact fees on an individual basis."
In other words, no more special deals, discounts, breaks or rebates.

Modesto Bee
Toss book on growth, report urges...Garth Stapley
http://www.modbee.com/local/story/61359.html

Study would put planning in state lawmakers' hands.
California's air would be cleaner if city and county leaders would stop making bad decisions on where to build houses and stores, according to a new state report.
Poor development decisions also contribute to global warming, according to the California Energy Commission's study.
"The Role of Land Use in Meeting California's Energy and Climate Change Goals" makes the extraordinary recommendation that legislators mandate regional growth plans that could be used to create a statewide growth plan.
That could mean stripping land-use decisions from tunnel-visioned city and county leaders who would lose one of their most important powers.
"There must be a concentrated and collaborative process to identify where, and in what way, long-term growth should and should not occur in the state," the staff report reads. The document also urges new studies on how tax laws facilitate lousy planning.
Proposition 13, embraced by California voters in 1978, holds down property taxes but inadvertently promotes sprawl, the report found.
The same decision-makers during the past three decades introduced the phenomenon of long commutes by providing inexpensive housing far from jobs, according to the report.
Study sounds familiar theme
Carol Whiteside, president of the Modesto-based Great Valley Center, said leaders can craft "back to the future" plans by regularly calling for grocery stores, for instance, within new housing projects. Children chauffeured to school should have the option of walking, she said.
"In many ways, this requires a change of culture," Whiteside said. "A lot of people grew up that way. It's back to the future."
The report is among several technical documents to be compiled in the 2007 Integrated En-ergy Policy Report, scheduled for review in November by en-ergy commissioners. They would send it on to legislators and Gov. Schwarzenegger, who would issue a response within three months. The report grew out of a 2005 Schwarzenegger edict and last year's Assembly Bill 32, both of which target emissions reduction.

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Some thoughts on Daniel Cassidy's How the Irish Invented Slang

Submitted: Sep 07, 2007

This book is a great gift, a revelation, a genuine invasion of one's speech patterns (I’ll be looking over my tongue's shoulder for the Irish from now on). Cassidy beautifully handles the problem of our unconsciousness of this, or as I used to put it in high school, my "street" rather than "home" (proper grammatical English) language. What a pain it was to have to speak only the one at college. It made working on peach loading docks in the summers a deep relaxing into the rhythm and twang of Oklahoma speech. And there were words that fit with our work that had no utility in college. I think these words often came from Scots-Irish Gaelic, the other great stream of Gaelic speech into the nation. I see them in the incomparable poetry of Wilma Elizabeth McDaniel.

So, Cassidy immediately engages us at very deep levels. I am in the grip of his idea and how he is working it out. In San Francisco, too, although many are dead now, 20 years ago you could still hear a Irish lilt in many of the best parlors in the city, which may have simply denoted the speaker was born in that city. I think the Democratic Party pols that weren't Irish San Franciscans picked it up unconsciously along with a basic vocabulary of Irish origins explaining what they were getting paid or volunteering to do. Listen to pols like Gray Davis and Bill Lockyear: the tones are there but, as Cassidy indicates, by any other name. Nevertheless, they all sound familiar, if you’d ever worked for Pat Brown.

The day John Burton, then president pro tem of the state Senate, who had learned to speak and think in his political family and in bars like Monahan's and Harrington's, called UC Merced "a boondoggle," he knew exactly what he was saying. And, the heart of one opponent of that project, mine, leapt for joy because I did, too, and the word brought the discourse down to its proper level and the UC big shots cut back the lying to senators for awhile. But, in defense of UC administrators, they could hardly have called UC Merced what it is, a boondoggle, a scam, and nothing but a land deal. They had to try to keep the Legislature’s mind off the obvious description. No idiom in the land beats flawless academic-speak for that purpose.

Anathema to UC was our own local expression, “boomdoggle,” that caught both the scam of the campus and all its induced development, now melting down in subprime catastrophe.

Cassidy’s book is beautiful because it returns us to some of the most descriptive political nouns and verbs in our language.

However, Cassidy’s work also reminds us of Appalachian poet Jim Wayne Miller, one of whose “Brier” poems talks about old Scots words for farming -- nouns and verbs -- how they were being forgotten, and how heart-breaking that was. Miller felt very strongly that these words bound Appalachians to their history and healed historical wounds, prejudice, oppression, and the exploitations of culture.

"Brierhopper" was an alternative to "hillbilly." Our own variant around here (at least around Bakersfield) is "peckerwood." It sounds like a mere inversion of "woodpecker," but I’m holding out for a Scots or Irish origin.

The melodic sound of Irish words for violence – slugger, whale, mill, mayhem, Sunday or sucker (punch), swoon, etc. – remind me of a fellow who fought 40 years ago out of a Haight Street bar whose ring moniker was the “Battling Hippie” (he sported long green trunks and a pony tail). In college, while contemplating turning pro, he fell in love with a banker’s daughter, hung up the mawleys and got a PhD in English literature. A finer, gentler man you couldn’t fine, but the day we were demonstrating against the Iraq invasion and were being harassed by an aggressive knucklehead faction, it was a pleasure being at his side as he negotiated the rules with the opposition. The professor didn’t have a speck of yellow in his makeup, the chief knucklehead perceived the fact and order was restored for the duration of the demonstration.

Cassidy reminds me of the Boss of our little world of political campaign professionals during my post-graduate studies in nuts-and-bolts. Mr. Bradley spoke little, always clearly, and you didn’t argue. He had forgotten more about any conceivable political situation than you would ever know. He had guided many of the most important Democratic Party campaigns in the state from the end of WWII until the 70’s, during a period in which the party built up the highest registration percentage in its history in California and the best voter turnout. He spoke pure Irish political slang and claimed his own contribution, “Joe Sixpak,” at once his linguistic creation and political nemesis. Bradley spent his formative years in politics when if you wanted to find a guy in the neighborhood to talk to about the candidate, you went to his corner bar, where the guy cashed his paycheck and drank his beer after work. “Sixpak” drank his beer at home watching TV, so you couldn’t talk to him. You had to rely on the media. Bradley knew that was the end of politics. He became a political bard the day he told SF Chronicle columnist Herb Caen about Joe Sixpak.

Pat Brown, running for Attorney General in 1950, came into the Topaz Room in Santa Rosa and worked the diners. “There’s that Pat Brown again,” my Republican grandmother said. “It’s getting so you can’t go out without meeting him. Oh, hello, Mr. Brown.” Pleasantries were exchanged, I shook the hand of my future employer for the first time, there was no sound bite and he seemed like a nice man, despite my grandmother’s carping.

By the time Bradley and the campaign geniuses leaked the story of George Christopher’s milk scandal in the 1966 primary, thinking a Hollywood actor would be the preferred opposition to their ancient Republican foe in San Francisco, the die were cast. Reagan was never anything but a sound bite. The spiel went that “Brown was no good on TV.” What was meant was that Brown didn’t have a sound bite in him and sounded ridiculous when he tried. One of his best speech writers said he used to read Mark Twain for a half hour, have a little whisky and cut it loose. By chance, Cassidy quotes Twain extensively for examples of Irish words, marvelous concoctions like “the fantod.” Bradley and Brown’s idea of how to use the media was to lock the campaign hacks and their typewriters in a room with walls made of windows to keep an eye on them.

Politics was people you talked to in their bars and restaurants and especially on the telephone. For the phone, the Boss had a secret weapon known as “Cyr’s Rolodex.” (More on Cyr later.) It was the bee’s knees of private political telephone numbers in the state and nation.

Mr. Bradley was the last statewide campaign manager who had a nearly grassroots grasp of California, almost block-by-block. The numbers beat him. Three decades after his last campaign, the state has nearly twice as many people and the developers own the Legislature as completely as Southern Pacific owned it before the Reform movement. Possibly worse than the political corruption has been what’s happened to statewide campaigns. The hacks escaped from their cages into the head offices and turned campaigns into baloney factories. If someone were to say today that political campaigns organized communities at a grassroots level, you’d laugh in his mug and tell him to scram. Karl Rove is the reigning political big shot and his whole gig has been social destruction.

Nobody I ever saw or heard of could calm and charm a hostile crowd better than Pat Brown, although last year Pete McCloskey changed a lot of righwinger views in Richard Pombo’s former district. I believe it is one of the rarest human talents (and in its masters it is genius), but it may simply have been driven off the podium in America at the moment. It is a highly complex quality, a mixture of genuine friendliness toward strangers, a respect for every man, woman and child regardless of class, creed, ideology or race, and an ability to listen under duress. It is a form of grace and Irish-American politicians seemed, at least once, to have cultivated it more highly than any other group. It is a secret mixture of love and courage, generally unknown to its possessor, producing an instinct composed of love of political battle, joy in punishing enemies, and compassion for the oppressed. Bobby Kennedy said it best, frequently in the spring of 1968, when touring some of the most impoverished regions of the nation: “This is unacceptable!” Pat Brown’s old Twainish speechwriter, a Texas radical by birth, brought it to my attention. Listen to him, he told me, he’s just saying this is unacceptable, period.

In late August, 1974, I found myself in Sacramento with what Cassidy would correctly define as a political “crony” at Posey’s Brown Derby, where politicians who would dine later at Frank Fats went to lunch. We had lunch with the City and County of San Francisco lobbyist, Jack Shelley, SF congressman since 1949 and mayor in the tumultuous period of 1964-1968. We didn’t talk about the election much. Jerry Brown had made it clear in so many ways that he wasn’t his father, now was not then, that it was obvious anyone tainted with political work for his father would be doing something else for a living after he was elected. It was hard on younger men like ourselves, but there were sneaking suspicions buried inside us that he was right. I knew from relatives that Jack had been a courageous labor leader in the 1930s, he was good on civil rights and wasn’t insanely pro-development. Propping his walker against the wall, the waiter having already provided his first martini, Jack launched into the two-hour story about the cement contract for Candlestick Park, which explained everything anyone needed to know about postwar SF politics. I remember thinking it could have been written by James Joyce. The names, dates, deals, campaigns, and the monetary figures swirled through his story, dots mysteriously and compellingly connected, yet in the matter-of-fact telling of ordinary political chat, that it took me a long time to admit I couldn’t reconstruct it because it was a superb narrative, and because of its main theme, I didn’t want to. The point of the story was that, “Fools names and fools faces are often found in public places.” Yet reading How the Irish Invented Slang, I was again reminded of Shelley’s tale. What Cassidy is calling "slang" in Shelley’s supreme command of the idiom became the choral voice of the people that fashioned a vocabulary for political analysis and action for taking of democratic power unequaled in American history. Campaigning was a noble, heroic activity bringing out the best in a man. Governing, on the other hand, brought out the cement contract in the same man or in his cronies and it ended up on his desk.
Mr. Shelley died within two weeks of telling two young almost strangers that long musing on public life in San Francisco.

The present conundrum has a lot to do with what rich Irishmen think. I suppose Reagan, an Irishman who preached the end of any kind of solidarity with neighborhood, ethnicity or unions in favor of full of anomic greedy individualism in a “city on the hill” resembling a Hobbesian snooker table, was no substitute for two assassinated Kennedys, but the name had the right ring to it.

A man in our childhood neighborhood of WWII veterans, their wives and us war babies, occasionally took us boys to a baseball diamond and to teach us how field grounders and shag flies to divert us from our weekend work: raiding the gang on the next block or defending our block against their raid. We little savages did not understand that he’d shared a PT boat with John Kennedy, who would appoint him assistant secretary of the Navy when he became president. He was a fervent Kennedy rooter in town and a successful builder living in Pacific Heights by the 60’s. I am sure he, like most of Irish San Francisco, was devastated by the two assassinations. I know that after Bobby’s death, political headquarters in the city were halls of the walking dead all summer. Late that election season, I sat among a group of pols on a conference call with Larry O’Brien, a Kennedy man who was managing Humphreys’ campaign in an attempt to shorten the wake for Bobby. O’Brien said that people were at last awakening and if the election were to be held at the end of November rather than on its first Tuesday, the Democrat would win.

Cyr and her miraculous Rolodex were in the Mayor’s Office the day Dan White assassinated both Mayor George Moscone and Supervisor Harvey Milk (probably the first openly gay elected politician in the nation). White had resigned from the board of supervisors five days earlier to try to save his potato vending business on Pier 39, to feed his nine children. Moscone had said publicly he would reappoint him if he changed his mind. If we are to believe the contemporary account, White went to the mayor’s office through a basement window, armed, to ask for his job back one last time.

The lame SF district attorney, a dude from Escalon who’d passed through a few years of Carnuba wax-and-polish in DC, did not even try that case. His connections were mainly with John Tunney (the dumber son of Gene, who beat Jack Dempsey in the famous “long count” fight in 1927) a Riverside congressman who served a term as US Senator. So, White served five years of a seven-year sentence for manslaughter due to an excellent defense establishing diminished capacity – and due to the diminished capacity of the prosecution. White’s lawyers successfully portrayed him as too “depressed” to deal with the “dirty politics at city hall.”

Interpretation: the one conservative supervisor elected betrays his supporters, voters in his district as well as funders, by quitting. The police chief himself urges White to ask for his job back. Meanwhile, liberal supervisors lobby liberal Moscone to appoint a liberal replacement.
In one of the flipflops that has always marked her politics, Supervisor Dianne Feinstein urged White to ask for his seat back, which Moscone was eventually persuaded to refuse to give him. When, after serving his sentence and after a year of parole in LA because authorities feared he might be killed if he returned to SF, as mayor, Feinstein urged him not to return. He did return and killed himself soon after he did.

Detective Frank Falzon, one of two who took his confession, told the press in 1998 that he’d met with White shortly before he killed himself and White told him the murders were premeditated and that he’d planned to kill Supervisor Carol Ruth Silver as well, along with state Assemblyman Willie Brown, who White said was “masterminding the whole thing.” He killed a Sicilian, a fine liberal with radical edges, who had been a superb state Senate majority leader, and had been a USF basketball star. He killed a gay man who was one of the most decent supervisors the city ever had. He wanted to kill a female Jewish liberal and a Black assemblyman who became the longest serving assembly speaker in history on pure political ability, and was John Burton’s roommate in law school. Willie wasn’t always an easy man to like but he made good deals and kept his word.

I like to imagine what would have happened if White had gone gunning for Rep. Phil Burton, D-SF, whose faction had just taken near total control of City Hall by legal means after 20 years of hard political slogging against the elder Irish machine in town. It’s not that Willie couldn’t have finagled the whole thing, but he wouldn’t have without consultation with Mr. Burton. That was simply not done while Mr. Burton, a veteran of both WWII and Korea, was alive. If White had tried it, Burton would probably have paralyzed him with bursts of profane outrage to the effect that the little man could not seriously imagine doing such a thing, and crammed White’s little pistol down his throat, bellowing at him all the while: “What the Fuck do you mean resigning your seat, ya little twerp? You have no respect for the public offices people fought and died to create! You have no respect for the process, for government, for the people!” Extracting the pistol from White’s throat, Burton might have said, “Now, go back to your family, take care of them and never darken the door of government again for the rest of your life.”

What was “the whole thing”? A conspiracy against good, clean Irish-American murderers, real life “Dirty Harry (1971)” Callahans like himself?

The hoodoo had come off the city’s violent streets into City Hall through a basement window.

There’s no connection between the following and the city’s Irish-American politics. It happened nine years before White killed Moscone and Milk and five years before Shelley told two young strangers the story that summed up his life. And besides, you would have had to have been there to see the rookie cop from Ireland in his new uniform and you would have had to have heard his voice and seen his face and his tears of frustration under the street light.

In the old Indian Center on 16th Street near Valencia right across the street from where they gunned down the painter’s union leader, Dow Wilson three years earlier, a drunk from the Colville reservation attacked me for having personally stolen his language. Fleeing downstairs from the Center (torched a few months later), I stepped on the blood of a stabbed Indian, quietly dying on the sidewalk as this young cop, somebody's relative imported from the Emerald Isle, yelled at the Indians passing by: "Why don't you take care of him? He's one of your own!"

Evidently, no one passing by was of the stabbed man's tribe. So he died, with the young Irish cop, bewildered and outraged, yelling at the indifferent crowd of relocated Indians before the ambulance arrived to haul off the stiff.
No, buddy, it ain’t right. It doesn’t make much sense at all. But a river of Irish slang runs through it and without it, it’s possible we would not be able to tell tales about any parts of the whole ruckus that we live.

An especially talented political campaign professional once confessed in my hearing that his ancestry was “psychotic shanty Irish.” Translation: pity me, I really can’t control myself; fear me, I really can’t control myself; though my background is lamentable, it has its uses in politics; I’ll get you if you don’t get me first.

Then there was Pete McCloskey, former Marine hero, former congressman, co-author of the Endangered Species Act, opponent of President Richard Nixon in the 1972 New Hampshire primary. McCloskey, in his mid-70s, came down to San Joaquin County in 2006 and, although he didn’t defeat Rep. Richard Pombo, then chair of the House Resources Committee, in the Republican primary, he beat him up so badly with an old-fashioned campaign of meeting, listening and talking along with well documented stories to the media that reporters could not resist because the material dignified their profession, that a nobody Democrat from the Bay Area beat him in the general. This rookie congressman, Jerry McNerney, is also fierce and can be counted on to stand adamantly for absolutely nothing in order to maintain his seat.

The words Cassidy brings up are mere flashes that restore the character and velocity of our history. Back when Shelley was mayor and Love’s summer occurred, followed by the Walpurgesnacht of Speed, many of us in San Francisco were attracted – like the old welterweight Battling Hippie –- to the Zen master Suzuki, and his quiet meditation center in the middle of the Fillmore District, and to Dogen, the founder of his school of Zen, who described existence as we felt it –- occasional lightning flashes in the night.

Bill Hatch

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Stressors

Submitted: Sep 07, 2007

State officials and water contractors said the pumping reductions would do little to help the 2- to 3-inch-long, silver-colored fish, which is listed as threatened under the Endangered Species Act.
"Clearly the judge is focusing on a particular stressor in the delta," Snow said. "There are so many other stressors in the delta system that we still have to address."
In court, lawyers for the state and federal governments and water contractors argued that water pumping was only a minor part of smelt's record decline. They also pointed to invasive species, toxic runoff, wastewater dumping and an antiquated plumbing system in the delta.But when he made his ruling, Wanger said the "the evidence is uncontradicted" that the pumps hurt the smelt and "the law says something has to be done about it."
...Sacramento Bee, 9-6-07

Yes, it does appear that the "stressors" on the Delta Smelt are not limited to the huge increases in pumping since the 2002 Colorado River agreement and the Colorado Plateau drought have cut back some water from Southern California. However, while the Hydraulic Brotherhood is very good at scattering dots, they are perhaps deliberately bad at connecting them.

For a start, if curtailment of pumping caused less acreage of the selenium-laced west side to be irrigated, that would cause some lessening of toxic wastes that end up draining back into the Delta, at the moment through a ditch formerly known as the San Joaquin River (under another federal court order to restore flows of fresh water below the Friant Dam).

But, when we consider that reducing pumping from the Delta by roughly one third during a state drought of unknown duration would also affect water supplies to urban Southern California, other stressors appear--right in the state Capitol itself. If finance, insurance and real estate special interests (FIRE) are unable to continue to build with impunity and total disregard for the resource carrying capacity of the state, how long could it be before -- like mortgage lenders -- developer lobbyists start losing their jobs and their bosses start losing their stranglehold over state government?

Of course, FIRE lobbyists and their bought politicians are pushing for dams and a Peripheral Canal. That's a gravy train worth climbing onto, particularly when you know perfectly well that FIRE will build out to whatever storage capacity the dams and the canal provide just as quickly as they can sort out the credit fallout from the last speculative real estate boom, whose national epicenter is San Joaquin County, on the Delta. And then they'll want more dams and canals, like one down the east side of the San Joaquin Valley -- and that's another gravy train beckoning in the future.

Development is not inevitable. In fact, it takes continual expert finagling in the halls of government to pull it off in a state like California, where urban sprawl and wasteful agribusiness has long ago stressed the natural resources carrying capacity.

The real work that ought to concern us Californians who live here now -- rather than all those new homebuyers or speculators in our FIRE designed future -- is to fix the Delta levees. Yet, the Hun, our governor and the Legislature propose billions for dams and canals and dole out millions for levee repair. Who knows, maybe next winter will bring floods like the Farmer's Almanac suggests, in early spring. But, levee repair opens immense cans of worms. It involves looking at failure of the Public Trust, neglect of public infrastructure, and a lot of funds committed to restoring public health and safety, which won't instantly translate into new investment opportunities for FIRE. That would be a real commitment to a real population of the public living here right now. Therefore, it is unpopular with FIRE lobbyists. It is remarkable to note that within living memory, the state Legislature seriously debated the dangers of building on flood plains. The FIRE boys and girls, in a campaign of corruption 30 years old, have created a series of special laws that almost entirely exempt developers from the consequences of their deeds -- from construction defects and toxic molds through flood damage and subprime loans with no possibility of payment -- bellowing the virtues of the Free Market all the way while stuffing the coffers of legislative campaigns with contributions.

One of the political stressors at play in the Capitol these days is the terrible thought among FIRE lobbyists that they could lose power if the judiciary can hold the line on decisions concerning our vastly over-committed natural resources. Worse, they may soon be looking at actual reversal of some of the laws they hand-crafted at great expense. One can foresee a day perhaps sooner than later, when developer and agribusiness lobbyists are simply fighting for their own jobs in the Capitol, without regard even for the future of their bosses immense fortunes. Perhaps their day in coming.

We can hope and continue to work for ecojustice -- social, economic and environmental -- for the people that live here now in the existing housing surrounded by abandoned houses of unsuccessful speculators and victims of predatory loans. We can hope and continue to work for an economy in the San Joaquin Valley that is better than the one we now have, in the death grip of a greedy, reckless, and irresponsible plutocracy of financial, insurance and real estate special interests, their agribusiness land suppliers and government lackeys, who view their mission as the retail sale of broken laws for personal gain.

Badlands confidently estimates that 40 percent of the real estate sales in Merced were made to speculators. We eagerly await official, documented refutation (replies gratefully accepted at bill.badlands@gmail.com).

Badlands editorial staff
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9-6-07
Modesto Bee
Schwarzenegger administration promotes new dams as delta fix...Samantha Young, AP
http://www.modbee.com/state_wire/story/60007.html

The Schwarzenegger administration on Wednesday dusted off a failed dam proposal as a way to shore up California water supplies in light of a federal judge's ruling limiting shipments from the Sacramento-San Joaquin Delta. At a Capitol news conference...Aug. 31 ruling by a federal judge in Fresno could cut water flows out of the delta... Both Resources Secretary Mike Chrisman and Department of Water Resources Director Lester Snow urged lawmakers to immediately reconsider a $5.9 billion water facilities bond plan that the governor offered in January. A Senate committee rejected Schwarzenegger's plan earlier this year, and it has remained in the background ever since....Assembly Democrats have shown little willingness to consider water facilities legislation...refused Wednesday to go along with a procedural move by Senate President Pro Temp Don Perata, D-Oakland, to advance his own $5 billion dam proposal, which includes $2 billion to help restore the delta. Perata urged Schwarzenegger to convince the Assembly to pass a water bond this year in light of the federal judge's decision...

11-26-07
USA Today
California races to repair levee system...John Ritter
http://www.usatoday.com/news/nation/2006-11-26-california-levees_x.htm

SACRAMENTO — In satellite photos, California's Central Valley sticks out as one of the planet's most prominent features, a great gouge in the landscape that looks as if a giant fingernail plowed through the center of the state.
The valley is broad and flat and great for agriculture. That also makes it prone to severe flooding, disasters that a century-old maze of levees is supposed to prevent. But California's neglected flood defenses are in such poor shape that voters on Nov. 7 approved nearly $5 billion in borrowing to shore up the USA's largest and most complex levee system outside the Mississippi Valley.That comes on top of $500 million approved by the Legislature after Gov. Arnold Schwarzenegger declared an emergency in February.
Repairing more than 100 levees deemed "critical" because they protect urban areas is a race against time as winter rains approach."Right now we're putting Band-Aids on the patient," says Jeff Mount, a geology professor at the University of California, Davis. "These repairs are the equivalent of patching a bald tire. We've got to figure out what we're going to do to replace the tire."The state's long-term commitment to redesign and overhaul its levees, using some of the bond money, butts up against a growing population — 17.6 million more people by 2050, the state estimates — and the spread of housing onto flood plains that puts tens of thousands of people at risk. Cities often oppose curbing development to avoid flood risks, and the idea of the state pre-empting local land-use decisions is politically toxic.
Katrina's effects live on
"The problem is everyone wants a high level of protection everywhere," Mount says. "We can't afford that. So how do we connect local land-use decision-making with regional planning for floods? We don't do a very good job of it.Bills to promote coordination between planning and flood control have died in the Legislature in the face of local government, developer and real estate lobbying. "You don't give up simply because it didn't work the first time," says Lester Snow, director of the state's Department of Water Resources. Snow says the "Katrina effect" — fallout from 2005's devastating hurricane in New Orleans — and last winter's costly California storms have created "quite a momentum" for giving the state more authority to regulate development in flood plains. "We intend to continue to keep pounding away at that issue," he says.With good reason. The American Society of Civil Engineers in September gave the state's levees an "F" grade and said they don't offer even minimum protection.
The Army Corps of Engineers, responsible for maintaining some California levees, has urged that a leaky levee protecting the fast-growing Sacramento community of Natomas be "decertified" — below an adequate protection standard. That could mean higher flood-insurance premiums for homeowners, says Frank Mansell, a spokesman for the Federal Emergency Management Agency. A major levee failure on the Sacramento River could spread floodwater up to 20 feet deep and engulf more than 11,000 homes, the state estimates. About 300,000 people in metropolitan Sacramento live in the path of potential floods.
In 2004, California's Supreme Court upheld a lower-court ruling that made the state liable for consequences of levee failures, exposing taxpayers to billions of dollars in potential damages. The water resources department acknowledges that metropolitan Sacramento, population 2.04 million, has the skimpiest flood protection of any of America's "river cities," including Tacoma, Wash.; St. Louis; Dallas; Kansas City, Mo.; and New Orleans...
Along the Sacramento River on the west side of this booming state capital, houses stand in the shadow of levees, some whose slopes have dangerously eroded, others weakened by seepage from within or underneath, sometimes from holes bored by rodents.After Schwarzenegger's emergency declaration, engineers identified 104 "critical" erosion sites — those threatening the most people — that could fail on the Sacramento and San Joaquin rivers and their tributaries the next time rain or snow runoff fills the channels. "It doesn't even dent the overall number of sites," UC Davis' Mount says...

9-7-07
Fresno Bee
Ruling will damage region's water future...Mike Villines, 29th Assembly District in the California Legislature
http://www.fresnobee.com/opinion/wo/story/131787.html

A recent ruling handed down by a federal judge in Fresno places a significant portion of the water our region receives from the San Joaquin Delta in jeopardy, which could devastate our region's economy and public health. This irresponsible decision will have a very damaging impact on our agriculture industry. Water from the Delta is a critical source of water for hundreds of local farms. Losing this water will hurt production of the California-grown agriculture that feeds the world and employs thousands of workers. Without enough water from the Delta, farmers may be forced to take more farmland out of production or pump lower-quality groundwater that can cause lasting damage to their land. The court's ruling will also threaten the public health of millions of people who live in the Central Valley, who rely upon water from the Delta as their primary source of clean drinking water. Water officials will be forced to tap into limited reserves to make up for the lost water, and could lead to mandatory rationing in communities across the state. Even worse, the ability to transfer water from one part of the state to another will diminish with the pumps slowing down, making California more vulnerable to future droughts. It is very disappointing that state officials would be forced by extreme environmental groups to take such an outlandish step just to protect one species of fish. Protecting the health and well-being of human beings should be the first priority of policymakers and the courts when considering actions that will affect the water supply of our region. While we must take responsible steps to protect the environment and prevent the extinction of endangered species, we must never take any action that could cause such a heavy toll on the health and safety of Californians or the economy. The responsible step is to build more water storage... It's time to get serious about building more above-ground water storage capacity and water conveyance projects across our state... While conservation is an important component of any comprehensive plan for our water future, it is only part of the solution.

Sacramento Bee
Flood protection that doesn't protect enough...Editorial
http://www.sacbee.com/110/story/364788.html

The California Building Industry Association, determined to keep constructing homes in floodplains behind substandard levees, has triumped again. Because of the CBIA's clout, the Assembly yesterday approved a flood control bill that, while strong in many respects, does little to stop the spread of lives and property into dangerous flood zones over the next eight years. Senate Bill 5... while it is an improvement over the status quo - with cities blithely adding homes to floodplains with little awareness about flood risks or planning - it isn't as protective as the situation demands and Californians deserve...the measure does little to prevent cities and counties from adding new homes to floodplains until the year 2015. Asked why he didn't seek building restrictions prior to 2015, Machado said yesterday he wanted to create a "transition period" for local governments that didn't upset their economic development plans. While it is too late to fix SB 5, lawmakers could strengthen it by passing Assembly Bill 70....bill by Dave Jones, D-Sacramento, would require local governments to share liability with the state for new building in the floodplain. Such shared risk could well dampen the enthusiasm of local officials to put more homes in harm's way, even against the relentless pressure of builders and land speculators.

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Hun meets environmental Typhoid Mary

Submitted: Sep 05, 2007

The Hun Our Governor panicked a few weeks back when a bunch of young activists did some demonstrating in front of the Fresno offices of the San Joaquin Valley Air Quality Control Board, which had just decided to forestall pollution cleanup, accept the worst designation of air quality the federal government has to offer until 2023, to keep its viability with the Federal Highway Authority.
"Rooftops bring retail," goes the mantrum of local planners. "And we pray to the Lord they also bring highway funds," they whisper. Meanwhile, rooftops bring increases in air pollution in our valley with its inversion layer.
The Hun wants to make the history books for being environmentally sensitive and has done some work to that end. But, Valley residents were making themselves heard that the state and regional air quality boards are a disgrace to government and a blemish on the Hun's immaculate image.
He reacted. He tossed out the head of the state air board and hired Mary Nichols, always described as a veteran environmental lawyer and state and federal environmental "leader." Now, we find that Nichols is invested up to her neck in energy stocks, beginning with the largest private coal company in the world and the largest petroleum company in the state. It made a good press release last month. "The Hun does something..."
Now, his hometown newspaper has done some digging and found Nichols' portfolio and its a doozy, if you're into conflicts of interest and perception of corruption.
Environmental lawyer? Whose side was she on?
Environmental leader? As Gov. Gray Davis' resources secretary, she fast-tracked the largest public development at the time in the state, UC Merced, past every mere legal hurdle in its way, and the mess she made has not yet been sorted out. Evidently she knew the law, as a "veteran environmental lawyer," and she clearly broke it in a number of instances surrounding UC Merced. So, whose side was she on?
But the Hun looked down from his cigar porch at the Capitol and said: "Democrat, woman, environmentalist!" nodded once and it was done. It makes him look like a dolt, and he isn't quite that.
So, who on his staff recommended Nichols? Who on his staff knew Nichols, recommended Nichols and either ignored her investments or felt it would be just too tacky to check?
The Hun ought to look down from his porch and give that one the thumb, because whoever that was made a monkey out of him.
There are issues in California that boggle the mind and the term-limited state Legislature has made them all worse. But, this one was relatively simple. The Hun blew it like the political rookie he remains.
He can dump Nichols or stonewall, denying that the mere public perception of conflict of interest really doesn't matter because all state officials maintain the highest ethical standards.
A mere member of the public might imagine the officials meet at their designated watering holes, distressed, and wonder why the public does not trust them. In fact, some will snigger at the Hun's political distress; others will say he must remain strong against the venal press "exaggerating" Nichols' portfolio; some will talk about descending real estate values; and most will talk about the trips they are going to take, because they've all got aces down in the hole.
Bill Hatch
--------------------------

9-05-07
Los Angeles Times
A cloud around the state's air chief...Richard Nemec
http://www.latimes.com/news/opinion/la-oe-nemec5sep05,1,2137460.story
...Mary Nichols, a veteran environmental lawyer and federal and state environmental leader, with financial ties that may raise more than a few eyebrows. She holds considerable stock in companies -- such as Chevron Corp. and coal giant Peabody Energy Corp. -- that historically have sat at opposite sides of the table from environmentalists....doubly troubling because Nichols has been appointed by Gov. Arnold Schwarzenegger to head the California Air Resources Board... investments in such corporations raise questions about possible conflicts of interest and also about her credibility as a state official who often must make tough decisions against those industries. With a mandate to implement the state's precedent-setting global warming solutions legislation, the Air Resources Board deals with many of the companies in which Nichols holds large chunks of stock. The friendly Democrat-controlled state Senate should not shrink from asking her about these holdings during her confirmation hearing this month. ...the 84-company portfolio that she and her husband hold includes 13 energy-related firms, one of which is Peabody, the world's largest private-sector coal provider. The Air Resources Board's major focus for the future will be on global warming. The burning of coal is considered to be a major source of the problem. So how can the board's chairwoman hold stock in a huge coal company without giving, at minimum, the perception of a conflict of interest? Nichols's financial report also noted that she holds from $100,000 to $1 million in stock in Chevron, an oil and gas company that has substantial dealings with the Air Resources Board and other parts of state government. ...state senators need to find out how long Nichols has had financial ties to major companies that fall under her new regulatory jurisdiction. In addition, the extensiveness of her portfolio -- particularly among global energy firms -- raises some questions about her priorities at this stage of her career. Nichols' defenders say she has "balanced" her portfolio with green investments, but the commission's documentation doesn't support this contention. Would we typically expect the head of the Air Resources Board to hold interests worth from $10,000 to $100,000 each in Peabody, or Edison International, Southwest Gas Corp., BP,Suncor Energy, Royal Dutch Shell, Northern Border Partners, a natural gas pipeline or Chevron? Together with huge chemical and mining companies in her portfolio, it is the breadth and depth of Nichols' financial interests that is troubling.

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Citizens for Intelligent Growth town-hall meeting

Submitted: Sep 04, 2007

RAPID URBAN GROWTH WILL REQUIRE RAPIDLY WIDENED STREETS. IS YOUR LIVING ROOM SAFE? FOUR AND SIX LANE EXPANSIONS ARE PART OF THE MASTER PLAN OF THE CITY OF LIVINGSTON AND WILL BE ONE OF THE KEY TOPICS WHEN CITIZENS FOR INTELLIGENT GROWTH HOSTS AN INFORMATIVE TOWN HALL MEETING SEPTEMBER SIXTH AT THE VETERANS OF FOREIGN WARS HALL IN LIVINGSTON. FARMLAND PRESERVATION, WASTEWATER ISSUES AND AVAILABILITY OF GROUND WATER WILL ALSO BE DISCUSSED. FOR MORE INFORMATION, CONTACT JIM ALVERNAZ AT 394-3337.

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