Thursday, November 29, 2007

Date set

Court date: Wednesday, Dec. 19, at 9 a.m.
The People v. Pacific Lumber Co. et al.
Case: A112028 1st District, Division 3

Hank has it, too.

Compatible Use w/pdf docs

TPZ at county Planning Commission tonight

(NOVEMBER 29, 2007 6:00 p.m.
Board of Supervisors' Chamber County Courthouse, Eureka
There will be a break on or about 7:30 p.m.)

ER Humboldt County staff’s proposed revision of the timberland production zone is the only item on the Planning Commission’s agenda tonight. (agenda)


Humboldt County Deputy County Counsel Carolyn Ruth said she doesn’t expect to make a formal presentation during tonight’s meeting, but one of the issues, she said, for which commissioners might seek her opinion is a recent letter penned by Edgar B. Washburn of San Francisco law firm Morrison & Foerster LLP.

Through some research, The Eureka Reporter discovered Washburn’s firm as of Oct. 11 had served as special litigation and regulatory counsel to Pacific Lumber Co., Scotia Pacific Co. LLC and Salmon Creek LLC as is evidenced on a document that is part of the files for the U.S. Bankruptcy Court for the Southern District of Texas, Corpus Christi.

The county’s TPZ revisions were sparked by PALCO’s bankruptcy reorganization plan.

It includes a proposed sale of six old-growth redwood groves totaling 6,600 acres for conservation purposes and an adjacent 21,800 acres of second-growth, commercial timberland for developing 136 residential parcels titled “Redwood Ranch Development Project.”

The planning commissioners held a public hearing on Nov. 15 for the purpose of considering staff’s proposed TPZ revisions. It continued the hearing to tonight at 6 p.m. in the Supervisors’ Chamber at the Humboldt County Courthouse in Eureka.

Staff maintains the current TPZ regulations fail to address a state law that a residence be “necessary for the management of land zoned as timberland production.”

Washburn’s letter stated, in his opinion, staff’s interpretation of California Government Code 51104 (h) is incorrect. Further, he stated, staff’s interpretation of No. 6 in that section is wrong.

This section describes what can be considered a compatible use on TPZ land, and it shouldn’t “significantly detract” from harvesting timber. No. 6 of the compatible uses reads “a residence or other structure necessary for the management of land zoned as timberland production.”

Washburn argues the intent of No. 6 was that residences were to be included and with them other structures necessary for management could be considered.

***
TS Commission takes on TPZ again
***
Morrison-Foerster on treatment of residences as compatible use within TPZ land. an 8-pg pdf document
***

Multi-agency SWAT

Police chiefs working on joint SWAT team

Recent changes in Police Officer Standards and Training standards and regulations make it hard for smaller departments to maintain a SWAT team, but local chiefs said they have found a way to make sure a SWAT team is there when they need it.

Eureka Police Chief Garr Nielsen said he has contacted several local police chiefs and the ball is rolling on the creation of a multi-agency SWAT team.

One of the chiefs that is in full support of the idea is Arcata Police Chief Randy Mendosa.

”I think it's a very good idea,” Mendosa said.

Nielsen said that aside from the stricter regulations, economic strains also make it hard to maintain a SWAT team. The Commission on Peace Officer Standards and Training, or POST, was established by the Legislature in 1959 to set minimum selection and training standards for California law enforcement.

The Humboldt County Sheriff's Department has an active SWAT team, but currently it's the only fully staffed and trained SWAT team in the county.

Nielsen said another SWAT team would be beneficial because tactical operations have the potential to last hours, even days, and

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the option of having one team relieve another takes some stress off an already stressful situation.
”They can also train together and learn how each other works,” Nielsen said.

Nielsen has also talked to chiefs in Fortuna, Trinidad and at Humboldt State University.

Theoretically, each department would supply their own officers with equipment and make sure they attend training. Expenses, like gasoline, would be split among the departments.

But, the Arcata and Eureka chiefs pointed out, it's very early in the process.

”I think we're in the brainstorming stage,” Mendosa said.

The next step is a memorandum of understanding between the chiefs, Nielsen said, which should be done around the first of the year.

Then, the chiefs start the process of bringing the idea to the attention of their city managers and city council members.

”It's unfortunate that we have to have it like this,” Mendosa said. “But it's a necessity in this world we live in.”

Some good news out of the DAs Office

Judge hands down county's longest prison term this year

Humboldt County Superior Court Judge John T. Feeney has sentenced 33-year-old Eureka resident Steve Gary Dinsmore to a 30-year, eight-month sentence for his multiple convictions, including assault on a peace officer with a semi-automatic firearm,...

...Of the possible maximum sentence of 32 years in state prison, Judge Feeney sentenced Dinsmore to a term of 30 years and eight months.

It is the longest determinate sentence handed down to a defendant so far this year in Humboldt County.

Many of the deputies involved attended the sentencing, along with Humboldt County Sheriff Gary Philp and Eureka Chief of Police Garr Nielsen.

At the conclusion of the sentencing, Humboldt County Deputy DA Arnie Klein, who had prosecuted the case, dismissed the attempted murder charge.

“I was very pleased with the judge’s sentence and feel that it was a fair and just decision that will protect the community from outrageous conduct like this,” Klein said in the release.

“Had it not been for the courageous actions of the deputies, in particular Deputy Fridley, this case could have been a death penalty case. I owe a debt of gratitude to all those involved in the case, including Deputy District Attorney Investigator Tom Cooke, who assisted me throughout the trial,” he said.


Credit where credit is due, Mr. Klein. Good work.

Wednesday, November 28, 2007

The oncoming freight train...

Still nary a peep out of the local papers about Vilica, Schectman, Hedlund, Paradise Palms, LLC thing. Maybe there's a carefully researched story in the works.

Then there's this story from the Press Democrat - one question is, are people who are affiliated with politicians and local DA's going to get preferential treatment? Can they disobey the law with impunity? Or will they face charges, and punishment?

Mendocino activist facing pot charges
Laura Hamburg, daughter of former congressman, ordered to appear in court next month
By MIKE GENIELLA THE PRESS DEMOCRAT

UKIAH -- Mendocino County community activist Laura Hamburg is facing felony marijuana-related charges following a raid on her rural home, where an estimated 50 pounds of processed pot and about $10,000 in cash were found.

Sheriff's investigators uncovered the marijuana and money in late October in a small house Laura Hamburg occupies at a Hamburg family compound on Boonville Road south of Ukiah.

The property is owned by her father, former Rep. Dan Hamburg, D-Ukiah, a well-known advocate of marijuana use for medicinal purposes. Dan Hamburg and his wife, Carrie, live in a separate residence.

Authorities said Dan Hamburg does not face any charges in connection with his 43-year-old daughter's case. Laura Hamburg told investigators at the time of the Oct. 25 raid that the marijuana was being cultivated, processed and distributed under provisions of the state's medical marijuana law, Proposition 215.

Keith Faulder, a former county prosecutor now in private practice, showed up during the raid after being called by Laura Hamburg, authorities said. Neither Faulder nor Laura Hamburg could be reached for comment Tuesday on the raid, or prosecutors' subsequent decision to file charges.

Dan Hamburg said Tuesday he was aware of last month's raid on his 43-year-old daughter's home, and the felony charges she now faces.

"I hope her case doesn't become the focus instead of the confusion and chaos surrounding the state's medical marijuana laws," Dan Hamburg said.

At the time of the raid, Laura Hamburg was not arrested or booked, as is typical of local medical marijuana-related cases. Sheriff investigators recommended prosecution when the case was turned over for review by the District Attorney's Office.

Deputies had gone to the Hamburg property on an unrelated matter a few days before the raid, and the marijuana growing operation was observed. Deputies later returned after obtaining a search warrant signed by a local Superior Court judge.

District Attorney Meredith Lintott said Tuesday that Laura Hamburg has been formally notified that felony marijuana cultivation, possession for sale and distribution charges have been filed. Laura Hamburg is to appear in Mendocino County Superior Court for arraignment Dec. 11.

Laura Hamburg is widely known in Mendocino County as a political activist, free-lance writer and former editor of a weekly publication called The Bullhorn.

She was the key media representative for another precedent-setting county vote in 2004: passage of the first local initiative in the United States to ban genetically modified organisms.

Large nation agribusinesses pumped in nearly $700,000 in a failed attempt to defeat the county GMO measure. Laura Hamburg was credited with orchestrating a media-savvy local campaign in support of the measure.

Laura Hamburg's pot case is the second high-profile marijuana case to be disclosed locally within the past month.

On Nov. 16, sheriff's deputies seized 39 pounds of dried pot from the Redwood Valley home of Sherylin Young, the budget and finance officer for the District Attorney's Office. Young, hired two years ago by the late District Attorney Norman Vroman, has been placed on leave pending an investigation, according to authorities.


You can reach Staff Writer Mike Geniella at The Press Democrat.
ht: RS

Fred's got more on this at Fred's Humboldt Blog.

Interim county counsel appointed

The Board of Supervisors announced Tuesday the interim appointment of Wendy Chaitin to the position of county counsel.

Chaitin has been with the office for more than 16 years, 12 of which as assistant county counsel, a news release stated.

She graduated from New York University in 1975 with a Bachelor of Arts in journalism and from Vermont School of Law, J.D., cum laude, in 1980.

Chaitin has long-term experience with the county and has successfully handled litigation resulting in favorable outcomes in every case, saving the county thousands of dollars, the news release continued.

Her “many years of legal experience in county government should prove to be a great asset to Humboldt County and its citizens,” the release stated.

Her appointment will be effective Sunday.


Hmmmm....

Tuesday, November 27, 2007

All kinds of fun stuff....

at Junkscience.com, at the demanddebate.com store


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Steve Milloy, the editor of junkscience.com writes and publishes many articles citing scientific facts to counter the laughable IPCC reports and the so-called consensus on global warming. Like U.N. Climate Distractions and Global Warming's Senseless Consensus

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For the challenge and contest rules see UltimateGlobalWarmingChallenge.com.


Monday, November 26, 2007

Tim Stoen talking about the threat to human dignity...

Haven't heard much from Jim Jones former second-in-command/right hand man lately. But it's classic Stoen. "Christians have no luxury of dalliance now. We must take ground in the human-destiny battle forced upon us by the corporate juggernaut of hubristic Biotech."

October 26, 2007

Sorry, But Your Soul Just Died - That’s the title novelist Tom Wolfe gave his 1996 article in Forbes ASAP on the threats posed by biotechnology, published two months before the Rubicon announcement in February 1997 that Dolly the sheep had been cloned.

In 2001, Francis Fukuyama wrote Our Post-Human Future: Consequences of the Biotechnology Revolution. Quoting Wolfe, Fukuyama describes the following “distinct possibility”: “The wealthy routinely screen embryos before implantation so as to optimize the kind of children they have . . . . Human genes have been transferred to animals and even to plants for research purposes and to produce new medical products; and animal genes have been added to certain embryos to increase their physical endurance or resistance to disease . . . . [Y]oung people begin to suspect that classmates who do much less well than they do are genetically not fully human. Because, in fact, they aren’t.”

Evangelicals have been slow to wake up to this threat to human dignity. While we have slept, environmentalists and pro-choice feminists have taken the lead in seeking a ban on human cloning. In 2003, however, while Congress was succumbing to the biotech industry’s spin machine, Charles Colson and Nigel Cameron took a first step, drafting “The Sanctity of Life in a Brave New World: A Manifesto on Biotechnology and Human Dignity.”

Signed by many Evangelical leaders, the manifesto seeks a “comprehensive ban on all human cloning and inheritable genetic modification” as well as the prohibition of discrimination based on genetic information. The manifesto quotes a prescient statement from C.S. Lewis’s The Abolition of Man: “If any one age really attains, by eugenics and scientific education, the power to make its descendants what it pleases, all men who live after are ‘the patients of that power,’ slaves to the ‘dead hand of the great planners and conditioners.’”

In 2004, the drafters of the manifesto followed up with a lucid primer entitled Human Dignity in the Biotech Century. With chapters written by authorities on various issues in the biosciences, it presents a call to action, citing as a model William Wilberforce’s sustained and successful struggle against slavery in the British Empire.

Pro-life Christians need to do four things, say the authors. First, they need to expand the pro-life paradigm from “saving babies” to “human dignity.” This involves more heavy lifting in policy debates, including the hard work of becoming familiar with developments in biology. Second, they need to challenge nonstop the biotech industry’s “experts” who want no regulation by rules of ethics. In a twist that should not surprise anyone, BIO, the industry group, has named its chief lobbyist “vice president of bioethics.”

Third, pro-life Christians need to develop “durable collaboration” with environmentalists, progressives, and pro-choice feminists (who dread the commodification of women) against the increasing number of libertarians who want biotech business to be free to do what it chooses. And fourth, say Colson and Cameron, pro-lifers must work with the Council of Europe, UNESCO, and other international organizations for a “universal instrument” in bioethics.

As to philosophical approaches, there are, says Fukuyama, three springboards to action on biotech issues: religion, utilitarianism, and human nature. Evangelicals and Catholics will be motivated by the conviction that humans are created in the image of God. The biotech industry will rely on utilitarianism. Conscientious secularists, says Fukuyama, can be reached through a revived understanding of the laws of (human) nature.

In sum, the biotech future of compromised human beings is upon us. Christians have no luxury of dalliance now. We must take ground in the human-destiny battle forced upon us by the corporate juggernaut of hubristic Biotech.

—Timothy Stoen, Attorney
Mendocino, California

Online at The Center for Public Justice (ooooh! another nice sounding name!) -An independent organization for policy research and civic education, whose mission is to equip citizens, develop leaders, and shape policy.

Yeah, Stoen is just the kind of guy you want shaping public policy.

hat tip: RS

Sunday, November 25, 2007

Humboldt Bay's Luddites

http://www.eurekareporter.com/ArticleDisplay.aspx?ArticleID=31020 in The Eureka Reporter
The kayak and bicycle trail activists, bolstered by the recent win of their star anti-development Harbor District commissioner, Pat Higgins, and lawsuit-driven Baykeepers are wasting no time in trying to foist their anti-economic development plan for Humboldt Bay onto the rest of us.

I am 63 and survive on Social Security. There are many of us in Humboldt County who live on fixed incomes or have low-paying jobs and for whom shopping for the cheapest price is a necessity for survival. We don’t run businesses that survive on the local marijuana economy, government grants, student spending or on lawsuits against corporations.

But the community activists whose own economies are supported by just such financing seem to be doing their best to destroy any chance of economic upgrading of our lives. Plovers and mud hens seem much more important to them than us.

Without adequate incomes and community services, people really do suffer. Some even die unnecessarily because there’s nobody there for them, and the community has no surplus capital to invest in needed services for those who are elderly or who for whatever reasons are unable to pay the terrible costs of medical help.

In other California counties that are economically prosperous and not consistently at the low end of the scale, as is Humboldt County, community services are adequately funded and the overall quality of life is improved. We live in a beautiful county, but our overall quality of life here is not anything to brag about healthwise or community relationshipwise. We live in a social war zone.

We have a highly organized and vocal activist community that seems bent on shutting down as much industrial economic activity in Humboldt County as possible. They’ve managed to get another one of themselves into office and we can expect more social warfare, as was the case with their man they got into the District Attorney’s Office.

We must remember that these activists earn their incomes by attacking resource industries and industrial development, so we cannot ever expect cooperative compromise, as keeping open war keeps the funding coming for activist lawsuit organizations. Actual environmental conflict resolution destroys their reason for being, so they are never sources for the type of information we all need — unbiased information.

Take, for instance, Pete Nichols’ recent hit piece on Humboldt Bay and railway development. He uses fear, citing the recent San Francisco container ship oil spill as grounds for never developing our port to receive container ships.

Nichols has Baykeepers’ lawsuit agenda uppermost in mind and never mentions such commonsense solutions as only allowing small container ships to come into Humboldt Bay. And he doesn’t tell you about the reasons they’ve now found for why that container ship hit the bridge support in San Francisco — it seems their port communications systems have been very inadequate for a long time, simple things like ship captains being unable to understand port guidance instructions.

This isn’t to say that ports can be made free of human error and accidents, but it is to say that we must weigh all the issues involved instead of letting ourselves be stampeded by those whose own jobs depend on creating that stampede against port and rail development.

Humboldt Bay as a successful shipping port will no doubt have its share of occasional accidents, but like major ports all over the world, the overall economic activity so greatly overwhelms the relatively minor losses due to accidents that only economic Luddites or those whose jobs depend on blocking port development would call for shutting all port shipping down.

Did San Francisco stop shipping or fishing or will it? No, of course. It will clean up the mess and keep going. Do we let our major storms shut Humboldt County down? No, we clean up the mess and keep going.

We need to watch out for our community and our families and our future. Port development and a railway line can be done and done in such a way that all environmental protection and economics issues are resolved. Let’s put our community heads together and figure out ways of avoiding current shipping problems, e.g., demanding a switch to non-polluting engines of any ships coming into Humboldt Bay. Oil burners are on their way out.

Instead of fighting against the needs of the majority of Humboldt County residents, I urge activists to turn their attention instead to constructive activity such as organizing students and local civil engineers and inventors to solve port development problems instead of throwing up their hands and saying it can’t be done and, therefore, we are going to stop you from even trying.

(Stephen Lewis is a resident of Rio Dell.)


I figure since Ken Miller is finally listening, maybe he'll see the light on this one a little earlier. In Miller's own Op-Ed in the McKinleyville Press he confirms what Stephen has been saying for years. Now we have Miller outlawing grow houses (though I doubt he will give up writing 215 cards)... and advocating for logging... what could be next? Ask Gallegos to step down?

Ken Miller says "We should outlaw indoor grows."

Who really wins with indoor marijuana cultivation ("Green from Gold in a Gray Area," Nov. 8)? Your recent article omitted a chief profiteer, PG&E, as well as the big losers -- us.

Let's do the arithmetic: Grow rooms typically use about 5,000 watts for 12 hours a day for seven weeks to "flower" plants. This totals 600 hours of use, or 3,000 kilowatt hours. Prior to flowering the plants are vegetated for six weeks under the same wattage for 18 hours a day, for a total of approximately 3,800 kilowatt hours. Add to this the juice for rooting clones, fans, dehumidifiers, and pumps. If propane or methane is burned to generate CO2 keep that in mind.

Under these conditions, and experienced grower can produce maybe four pounds of dried "bud." This translates into roughly 1,700 kilowatt-hours per pound or 100 kilowatt-hours per ounce. Now lumtiply all of the above by four, since growers repeat the cycle every 12-14 weeks.

Consider that "indoor" fetches way higher prices in the marketplace, especially in trendy urban centers. This preference is often justified by ranking THC content as if that is a benchmark of strength, rather than the combination of alkaloids, terpenes, and other constituents that, together, result in the marijuana experience.

I wonder how many folks have entered a "grow-room" and experienced the intense electrical vibe the plants endure. Contrast that offensive "energy" with an outdoor or greenhouse grow, in which plants are bathed in, and thrive under, natural sunlight conditions.

Modern greenhouse growing in a relatively small area next to a residence can produce an annual yield of over a pound per plant of very high quality bud. Greenhouse windows, not photovoltaic panels or fossil fuels are the way to grow.

Marijuana gets you high and supposedly raises consciousness, but grown indoors it most certainly gets us hot. So when all of you marijuana users and sellers - with your politically aware opposition to greenhouse gases, nuclear energy, dams, rising seas and climate change insist on "indoor" you might as well kiss all that you love goodbye, while PG&E goes to the bank.

I submit that the outdoor bud has far healthier qualities than indoor, and that we should promote outdoor as if our lives depended on it. We should outlaw indoor grows.

Ken Miller, M.D. McKinleyville
The Journal - Letters

I guess this is why he was promoting the brave "entrepreneurs" in the Op-Ed below.... How many of those "indoor" growers are using his 215 prescriptions? Have fun, guys.

Saturday, November 24, 2007

Ken Miller is a TPZ landowner

Surprise, surprise!

From McKinleyville Press
The eventual consequences of our current Timberland (TPZ) zoning rules became clear to me when a local developer said I could subdivide my TPZ land into 4 "forties" with a joint management plan, and presumably sell at a price that reflects four buildable properties.

While contemplating the enormous profits, I also imagined the horrific impacts if I, and my neighbors, exploit these opportunities, even at the 160-acre level: increased traffic through Kneeland onto Mountain View Road; water quality and habitat degradation from sediment, septics, household chemicals, domestic animals, multi-vehicle use and trash; wildfire risks; fragmented timberlands and nuisance complaints from the newly-urbanized interfaces with them; and spiraling economic pressure for wholesale conversions.

Eel River Sawmills recently financed the sale to a young, local developer-entrepreneur
(You mean this entrerpeneur?) of roughly 15,000 acres of timberland for $5.6 million, or under $400/acre, a price that, with favorable terms, could facilitate sustainable timber management over time, consistent with state law that "Encourage[s] investment in timberlands based on reasonable expectation of harvest." (51102a(4)).

However, he has been subdividing, selling, financing and "servicing" small parcels for as much as $4-6,000/acre, making more immediately profitable agriculture necessary - and possible. Purchasers of one of these parcels were busted growing industrial quantities of marijuana. The supervisors held code enforcement proceedings for environmental damages from these activities.

Large-scale development is another much more profitable potential use of TPZ lands. A co-founder of "Humboldt-CPR" uses his TPZ lands as real estate. If these scenarios continue, our timberlands will be too expensive for anyone but land speculators and large-scale marijuana growers.
(like that entrepreneur?)

The proposed County TPZ revisions to restrict TPZ development will align our codes with state regs, such as those of most neighboring counties, which restrict homebuilding on TPZ lands to "[A] residence or other structure necessary for the management of land zoned as timberland production." (government code 51104(h))

Bill Barnum, real estate attorney and 4th largest timberland owner in the County, misinterprets that timber law, insisting that the residence is statutorily permitted, while the other structures need to be "necessary." If correct, he would be making the strongest possible argument for revision of our TPZ regs, which would, left unchanged with his interpretation, promote land speculation and TPZ conversion to urbanized landscapes, directly violating the government code which "[D]iscourage[s] expansion of urban services into timberland." (51102)

We must work together to come up with solutions that protect the working timberlands, mindful that we, the people, have determined to "[M]aintain the optimum amount of the limited supply of timberland to ensure its current and continued availability for the growing and harvesting of timber and compatible uses." (51102)

The Forest Practice Act aims to: "...manage and maintain its limited forest resources for the purposes of furnishing high-quality timber, recreational opportunities, aesthetic enjoyment, watershed protection, fisheries and wildlife." Calfire (CDF) has made it clear that "...changes in zoning that lead to reduced parcel sizes and encourage development detracts from the benefits that can be derived from actively managed forests." Residences and habitation inhibit timber production pursuant to the watershed and habitat elements of the Timberland Productivity Act.

In a recent Timber Harvest Plan in Yager Creek drainage, Sierra Pacific Industries candidly warns that in the event the land were not to be used for timber production, "It is likely that some of the parcels, currently zoned, may be sub-divided to take advantage of the expanding rural residential housing market driven by the growth of the Humboldt Bay area. This expansion in rural residential housing will result in the reduction of lands zoned TPZ, land use conversion (permanent removal of forest cover), increased road construction, potential soil and water contamination by increasing the number of septic fields in the given watersheds, and increased traffic within the assessment area."

Maxxam's proposal to sell off 160-acre "kingdoms" to the super-rich will establish precedents and comparable prices that will benefit speculators and Realtors, creating a "land rush." We cannot ignore the nexus between this TPZ controversy and the General Plan Update.

Population growth's demands for big box commodities would necessitate wider roads in all directions to accommodate their trucks, which could also service an expanded, industrialized port. Bingo, Humboldt transforms into Santa Rosa cum SF Bay Area, with urbanized watersheds, pollution, congestion and ever-increasing cost of living.

We had better support our sustainable, working timberlands, and jobs associated with healthy watersheds, like logging and fishing, or the developers' dream will become our nightmare.

(Ken Miller is a McKinleyville resident, a member of the Humboldt Watershed Council and a TPZ landowner.)


Something wrong with this picture! - Ken Miller advocating jobs like {gasP!!!} Logging! and working timberlands! Or is he just trying to pull the wool over your eyes while he has his eyes on an end game.

relevant TPZ documents

Thank you to Mark Lovelace for providing the following documents:

November 15, 2000 Forest Review Committee Issues a 2 pg pdf document
June 3, 2005 Draft AG and Timber Policies a 4 pg pdf document
June 3, 2005, Industrial Timber Managers General Plan Update Meeting Notes a 2 pg pdf document
Farm Bureau Cattlemen's General Plan Update Meeting Notes a 2 pg pdf document
Chapter 4 Forest Resources Land Use Element an 8 pg pdf document

Couple of articles/Op-Eds on TPZ...

State law affects TPZ issue
During the 1970s, Jacoby Creek-area resident Jerry Partain was a forestry professor at Humboldt State University. He was also a county planning commissioner and active on the state’s taxation advisory committee, which advised the Legislature on how the state’s timber tax could be amended.

Partain said he feels the growing fear locally of government’s intervening in private-property rights is secondary to the reality of complicated and costly state regulatory requirements for timber harvesting....


Retired assessor explains 1975 TPZ law

...The Z'Berg-Warren-Keene-Collier Forest Taxation Reform Act of 1976 changed the method of taxing “timber” in California. The act encouraged the protection of immature trees and continued use of timberland for the production of trees for timber products and provided restrictions on the use of timberland to the production of timber products and compatible uses...

There has been much discussion recently regarding a residential site on TPZ, and if the site is good or bad for TPZ properties. It seems to me that if a property owner is living on the property, he or she will better manage the property for forest management, fire protection and scenic beauty. This is good not only for the owner but also the public....


County's take on state TPZ under fire
In a letter supplied to the county Planning Commission before its Nov. 15 meeting, Edgar B. Washburn of Morrison & Foerster LLP stated that in his opinion, staff’s interpretation of California Government Code 51104 (h) is incorrect.

Further, he stated, staff’s interpretation of No. 6 in that section is flawed.

The Washburn letter was delivered to the county via Eureka law firm Mitchell, Brisso, Delaney & Vrieze....


crossposted on TPZwatch

Friday, November 23, 2007

Timber Production

California has about 40 million acres of forestland, whereas Oregon has 28.8 million acres and Washington has 23 million acres of forestland, yet both states are still out-producing California by considerable amounts.

"As recently as 30 years ago, we harvested enough trees in California to meet the wood products needs of our residents," said Donn Zea, President of the California Forest Products Commission. "Today, we meet less than 20 percent of the needs of our residents, even though we have abundant forests that are overgrown."

"In so many ways, California has led the nation in adopting environmentally friendly principles," Zea said. "However, implementing policies that prevent or discourage sustainable forestry leads to a shirking of our responsibility to meet our wood product needs locally."


Source:
CALIFORNIA FOREST PRODUCTS COMMISSION RELEASES ANNUAL 'STATE OF THE INDUSTRY' REPORT
California Lags Behind Oregon and Washington in Meeting Residents' Wood Needs

Two interviews

On the environment...
Newt Gingrich
Michael Shellenberger

County does not need more suffering

John Campbell needs to write more often, his historical perspective is invaluable, and it is a story that has not been told.

Recently, while watching the first Board of Supervisors meeting to consider whether to place a moratorium on home construction on lands zoned for timber production, I noticed a witness who was advocating for the moratorium.

This individual was Greg King, who is the new executive officer of the North Coast Environmental Center.

Almost 20 years ago, I had a meeting with King, who at that time was a quasi-journalist, environmentalist and proponent of an extreme individual called Dave Foreman, who along with Mike Rozelle started Earth First.

This meeting occurred because I wanted to find out where this movement was going and what was its philosophy and goals. I naively thought a negotiation was possible.

After a brief discussion I realized I was dealing with an individual who was a derivative of this new radicalism.

I suggested that if he and his local group were successful, would he accompany me down to the sawmill and plant and would he suggest that I start to fire folks more than 50 years of age or those forty-nine or younger?

His reply was, “Mr. Campbell, you do not understand, with things of this magnitude, there has to be some ‘suffering.’” The meeting ended abruptly with me escorting Mr. King to the side door of my office.

Today, my question is, how much more suffering does this community need? Let’s add up so far.

1. Eel River Sawmills, 400 jobs, no timber from public forests.
2. Blue Lake Forest Products, 250 jobs, low volume from private lands. No timber from public forests.
3. Louisiana Pacific, 400 jobs, exited Humboldt County completely, following “Redwood Summer.”
4. Britt Lumber, Arcata, 250 jobs, lack of timely harvest plans.
5. The Pacific Lumber Co., 1200 jobs eliminated. Environmental litigation, protests, land and timber transferred to public ownership, etc.
6. Associated business ancillary to sawmills, trucking, heavy equipment, maintenance supplies, etc. 600 jobs.

This list refers to very good, well paid jobs that also had 401K plans, private medical plans and other benefits. Truly “living-wage” employment.

This tally just scratches the surface when one begins to see the tertiary effect on local schools.

Lower student enrollment, equate to less ADA dollars, as working families leave the area.

No traditional federal dollars for schools and roads due to zero harvest from national forests in our region.

Teachers’ pay has fallen behind statewide averages. It was reported quite recently that in Humboldt County more than 20 percent of children live in households with income at or below the federal poverty level.

Is it the wish of Mr. King and his associates to keep these children and families in bondage?

Local hospitals are financially strapped due in part to the removal of local private health care insurance programs and excessive government regulations. Recruiting new medical staff is difficult as we cannot compete with other areas.

The timber industry is struggling to survive, from excessive environmental regulation to protecting wildlife and fish habitats. Not from a lack of trees. This area has been harvesting trees for more than 130 years.

In “working” forests, trees are actually harvested, not “protected.” The Legislature considered this when the timber production zone designation was established in 1976.

If landowners are unable to harvest trees on land zoned for “maximum sustained production of forest products for the people of California” as legislated by the state, the land will go for other uses, fundamental economics will prevail. Recent catastrophic fires at Tahoe and in Southern California demonstrate the need for active not passive management in our local national forests.

We do not need more county rules. We do not need more suffering. We do need to let the professional foresters manage our forest lands for real, sustainable production and quality jobs.

Loggers need to get back to work in both private and national forests. We have sufficient land in public hands.

A recent piece earlier this month in The Economist (the international weekly) stated that on the West Coast of the United States there are “coastal soviets.” We need to be careful, otherwise “the planners” will tell you where to plant your organic products and what seeds and how many rows you can plant.

Our organic beef producers will be told which field to use and how many fences they will need along streams to protect fish which they will be unable to catch.

Every so often, people need to stop, take a deep breath and assess their situation. Humboldt County does not need more suffering.

Government at all levels should be encouraging and creating a climate where folks can achieve their hopes and dreams, not discouraging them with excessive rules, roadblocks and red tape.

It is paramount that private property rights be fully protected, not further compromised.

y John A. Campbell, 11/22/2007b
(John A. Campbell resides in Fortuna.)

***
Heraldo's snarky post on John Campbell's Op Ed. Heraldo may not like what he hears, but Campbell has a right to express his opinion, and it should come as no surprise to anyone that his opinion of Greg King would be negative. He has lived the side that has been affected by King/Darryl Cherney/Earth First!

King hasn't changed either, he is now more than happy to meddle in minor subdivisions in Arcata, his opinion being that he has a right to 'take' his share of the lots a developer proposes. He has also turned his sights on Green Diamond, using them and their 'transgressions' as lfundraising fodder.

It's about time people like Campbell spoke out and made sure that their side becomes part of the permanent record."

Thursday, November 22, 2007

Happy Thanksgiving.

Students tell what they're thankful for
There's more than enough to give thanks for

Grand Marnier Apricot Stuffing

1 Cup Diced Dried Apricots
1 Cup Grand Marnier
1 Cup Butter (split in half...2 cubes)
2 Cups Chopped Celery
1 Large Chopped Yellow Onion
A cup or so of Chopped Mushrooms
1# Herb Stuffing Mix (1 box)
2 Cups of Chicken Stock (bullion)
1/2 teaspoon Dried Thyme (I say it is optional)
1 # Pork Sausage
Salt & Pepper

Heat 1/2 Cup Grand Marnier and 1 Cup Apricots to boiling, then set aside.

Melt 1/2 Cup of Butter ( 1 cube) in large skillet, medium heat (you’re going to saute)
Add celery, onion and mushrooms, saute for about 10 minutes.
Transfer to mixing bowl.

Cook sausage til no longer pink, add the herb mix.
Add it all to the mixing bowl, including Apricots and liquid. Stit to combine.
Put it into large casserole pan.

Heat remaining 1/2 Cup of butter and stock in small sauce pan til butter melts.
Pour over the stuffing mix, and add the remaining 1/2 Cup Grand Marnier
Stir to moisten. Season with thyme, salt and pepper to taste.

30 minutes at 375 degrees

Wednesday, November 21, 2007

ESPN does Jonestown

Grandson of Jonestown founder is making a name for himself Video/Outside the lines.

...Playing basketball had kept the (People's Temple basketball team) players on the team away from the horror. It saved their lives. But they felt their presence in Jonestown on that day might have changes things -- and their guilt was overwhelming.

"For many years I had a hard time dealing with that," says Jim Jr. "The survivor guilt. Why did I survive? I blamed basketball, 'If I wasn't selfish playing basketball, maybe I could have made a difference.'"

Jim Jr. returned to San Francisco, eventually married again, had three boys and put his life back together. But he avoided the game he had always enjoyed, until his eldest son brought it back.

"It wasn't until Robert showed an interest that I started coaching him," says Jim Jr. "And I've developed a love for it again."

"I thank God every day," says Rob, now a freshman forward at the University of San Diego. "I'm a real lucky man just to have a father and that he's there supporting me in whatever I do, no matter what."

"When I first saw the article, 'Jones leads Riordan to the top,' I just paused initially," says Jim Jr. "Our family name in the paper -- Jones leading anybody -- was leading them to not a very positive outcome. It just gave me a swell of pride that here's a Jones leading an organization or a program in a very positive direction."

Says Rob: "I'm proud just to do what I do and give the family a good name. That's probably been one of the greater feelings I've had in my life."

"I was known in basketball gyms as the son of the infamous Jim Jones," Jim Jr. says. "Now I'm known as the father of Rob Jones. That's a good feeling."...

"There’s a story behind the story..."

In this week's Town Dandy, Hank's coverage of the recent events in Ferndale ends with this...

...Chief Lonnie Lawson is set to retire in the coming weeks. When he was first hired, we ran a small story about a clever piece of policework he had done immediately after taking the job (“Ferndale Chief Finds His Man,” Jan. 13, 2005). But a year ago he erased whatever goodwill he had developed with the community by arresting and harassing an innocent father on trumped-up child endangerment charges, when it was clear to everyone that the man was guilty only of failing to “bow and scrape” to Lawson’s petty tyranny. A jury cleared the man of all wrongdoing after 10 minutes of deliberation.

The case seems to have been the rule, not the exception. On that note, the man leaves office. And whatever bad press the good people of Ferndale have suffered with this latest incident, the town can at least consider itself blessed that it will soon be rid of the biggest blotch on its reputation, this cruel parody of a public servant....


But, Hank, you left out a really important piece - Lawson's charges against Sean Marsh would have (and should have) gone nowhere. It was a case of two men butting heads, and while I agree with you that Lawson't actions were unforgivable, it is what happened NEXT that really screwed Marsh. When Gallegos inexplicably pulled the file out of the dumpster and threw the full weight of the law against Marsh. You can't blame Lawson for the trial, the blame for that lies squarely with Paul Gallegos, and it is another example of the schizophrenic prosecution he practices. A case that never should have gone to trial ended in minutes because the jury saw immediately what Gallegos could not.

That's worthy of a correction or addendum.

Think about it -

Those who had the full weight of the law thrown against them....
Penny O'Gara
John Biord
Sean Marsh

And those who didn't...
Pedro Martinez-Hernandez
The Whitethorn rapists/Garza
Derek Bowman

That's the short list...

Monday, November 19, 2007

To our south

San Jose Mercury News - Mendocino official on leave after pot bust; 39 pounds seized The Associated Press
Article Launched: 11/17/2007 11:04:22 AM PST
REDWOOD VALLEY, Calif.—An official in the Mendocino County District Attorney's budget and finance officer is on leave after a marijuana bust at her home.
Sherylin Young agreed to let sheriff's officials search her home Thursday, when they found 39 pounds of dried pot. Young, who has not been arrested or booked on any charges, was appointed administrative executive officer in November 2005, after nearly 20 years in pediatric nursing.
District Attorney Meredith Lintott said officials are investigating the bust, but she emphasized that the county maintained a "zero tolerance" policy toward lawbreaking employees.
———
Information from: The Press Democrat, http://www.pressdemo.com


Wonder what the policy is here in Humboldt County?

Thanksgiving Week


Jack has an amazing sunset posted at ramblingjackslaboratory. In fact, if you want to see some of the most amazing photos of our area, spend some time going through his backposts.
***

I've mentioned before that on any blog, if you want to find out what jumpstarted it, check out the earliest posts. That's true here, and, for new readers, some of the early posts may explain watchpaul...

Like Stoen/Salzman's Plan
And Gallegos' attempt to implement Salzman's Plan
This was a plan to solicit, accept and use special interest money to privately fund a public perse - I mean prosecution. A move that would alter our public judicial system forever, for the worse.
and like Stoen's asking the FPPC if he - the prosecutor - could contribute PERSONALLY to fund the lawsuit...
and the emails that show the activist Ken Miller in the DA's Office helping Stoen draft the suit in question...

Those are just some of the reasons that this blog exists. Sometimes that gets lost in the day to day posts.

Sunday, November 18, 2007

Day 586

URGENT ALERT! This case was TOSSED by the Judge - never made it to trial.
☛ ER http://eurekareporter.com/article/080826-judge-throws-out-douglas-zanotti-case
Feeney said the indictments the grand jury handed down to Douglas and Zanotti in December 2007 weren’t supported by probable cause. Insufficient evidence regarding the former leaders’ alleged failure to oversee other law enforcement was also presented to the grand jury, Feeney said, and instructions given on “exigent circumstances” were inadequate.
The grand jury should have also been instructed on justifiable homicide by law enforcement officials, Feeney said.

***
Original post: Moore grand jury taking this week, next off
EUREKA -- After being convened by the district attorney last week to decide whether charges should be pursued in the police shooting death of Cheri Lyn Moore, the criminal grand jury is taking a break this week and next week.

Saturday, November 17, 2007

Another case of Justice delayed


Despite her debilitating illness, Joi Henderson Wright found ways to indulge her zest for life and her love of the outdoors, here participating in tandem skydiving in the mid-1990s. Submitted photo/the Henderson family. Previous article: A mother's last chance for justice

Judge views taped evidence in dependent abuse case
Joseph Pierre Rollin stands accused of dependent abuse, with the additional allegations that he proximately caused the death of the victim, 42-year-old Joi Henderson Wright, and that he inflicted great bodily injury on her.

The videotape viewed Thursday by Superior Court Judge Timothy Cissna was recorded in an Austin, Texas, police station on April 10, 2003, more than a year after Wright’s death, and contains almost four hours of discussion between Rollin and Chris Cook, then a senior investigator for the Humboldt County District Attorney’s Office.


Remember the original conviction was overturned because Gallegos used the non-Mirandized initial denial of guilt as evidence, arguing that his denial was proof of his guilt - rather than simply using the Mirandized Admission of guilt.

Now - It remained unclear when opening arguments would begin. Cissna, apparently frustrated by the pace of proceedings, reminded the attorneys that they had told him the trial would end by Christmas.

“From my observation, the chance of that happening is absolutely zero,” Cissna said. “We haven’t even finished the first motion.”

Jury selection is expected to resume Nov. 26, after Thanksgiving, but two additional weeklong recesses are scheduled in December.

Dark Anniversary


This Sunday, November 18, is the 29th anniversary of the Jonestown Massacre.
Tom Kinsolving posts a remembrance

Tom has also posted all eight of his father's original exposes on People's Temple. Four of them ran in the Examiner, the final four were killed because of Tim Stoen's threats and maneuvers. If people had known more about the People's Temple, and the two madmen, Jim Jones and Tim Stoen, would all those lives have been saved? If the editors of the papers had had the courage to tell the story, would it have made a difference? I think it would have. So, if you reflect on this dark anniversary, think about the people who, in fear for their lives, spoke (on tape) to a reporter from the Examiner, trusting and hoping that people would act if they knew the truth. Their trust was betrayed by the editors who caved in to Stoen's pressure tactics, and nearly 1,000 people paid for it with their lives. Stoen recently apologized to Les Kinsolving, saying, "You were right... I was totally wrong," wrote Mr. Stoen, having once filed a libel lawsuit (later dropped) against Mr. Kinsolving to squelch his reporting. "From my heart, I apologize for my mistreatment of you ... and castigating your motives." (Washington Times Inside the Beltway - Apology accepted)

Kinsolving's Exposes: Originally published in The Examiner:
Part One....THE PROPHET WHO RAISES THE DEAD
Part Two....'HEALING' PROPHET HAILED AS GOD AT S.F. REVIVAL
Part Three....D.A. AIDE OFFICIATES FOR MINOR BRIDE
Part Four....PROBE ASKED OF PEOPLE'S TEMPLE
Previously Unpublished:
Part Five....THE PEOPLE'S TEMPLE AND MAXINE HARPE
Part Six....THE REINCARNATION OF JESUS CHRIST -- IN UKIAH
Part Seven....JIM JONES DEFAMES A BLACK PASTOR
Part eight/Final....SEX, SOCIALISM, AND CHILD TORTURE WITH REV. JIM JONES
Jonestown Apologist's Alert

District Attorney Paul Gallegos “Tim’s a stud,” he said. “He really is; anyone would be stoked to have him.”

Friday, November 16, 2007

From Save Ancient Forest blog comments: w/update

Regarding the TPZ discussion, in response to Mark Lovelace's near mirror of heraldo's post (they share the same misunderstanding of TPZ taxation), comes this interesting comment:

From Save Ancient Forest blog comments:John D.: Mark just doesn't get it. In a rural setting a home is always necessary to manage the land.

If you are not on your property, you lose rights concerning your property to others who do. I am sure you have heard about prescriptive easements. You can get them for any use, including but not limited to rights to use roads, trails, cut trees, take water, hunt, fish, grow marijuana, camp, ride bikes, quads, horses, picnic etc. etc.

Unfortunately for the county and for Mark's group, the public now no longer trusts the board, planning staff or Healthy Humboldt or the HWC. They blew an awful lot of capital with this.

And if that is really his position, then can he explain why he has an open line with Tom Hofweber. And can he explain the June 3, 2005 memo from Girard to the Planning Commission outlining 600 acre minimums in TPZ and Ag with CUP’s (Conditional Use Permits) for all development of homes? This memo certainly shows that this was clearly planned over 2 years ago.

I for one do not believe in the county any longer to exercise good discretion as the sketch plan principles call for denying any growth whatsoever that is not attached to an existing water supply or sewer and to discourage any rural growth, concentrating growth only in urban areas. Frankly, with this as a principle, planning will be using its discretion to deny all construction.


I will cross post this on TPZwatch - just wondering, does anyone have a copy of that June 3, 2005 memo? It certainly does lend credence to the hypothesis that this move was never really about Palco at all, but that Palco's proposal threatened some already determined portion of the General Plan and brought about an attempted end-run of the Planning process.

In that sense, this whole debacle is probably a good thing, because it now allows people to have a real say in the process, as opposed to the "listening tours."

Update: Thank you to Mark Lovelace for providing the following documents:

November 15, 2000 Forest Review Committee Issues a 2 pg pdf document
June 3, 2005 Draft AG and Timber Policies a 4 pg pdf document
June 3, 2005, Industrial Timber Managers General Plan Update Meeting Notes a 2 pg pdf document
Farm Bureau Cattlemen's General Plan Update Meeting Notes a 2 pg pdf document
Chapter 4 Forest Resources Land Use Element an 8 pg pdf document

TPZwatch

I'm going to try posting all TPZ related articles here.

It looks like this topic is going to be with us for some time, and needs its own space. Like watchpaul this will be a repository for articles, relevant documents, points of law and discussion.

I want to make it clear that this blog is not sanctioned by or affiliated with any of the groups involved in the TPZ discussion. I am, however, very much in support of the TPZ property owners, the Humboldt CPR (Coalition for Property Rights) and Humboldt Property Alliance.

There have been some very eloquent speakers, and some very valuable points raised, and they need to be recorded and aired.

We'll see if this works.

In the meantime - check out the Humboldt Coalition for Property Rights webpage and
the HPA: Humboldt Property Alliance

Upi'll remember that Humboldt Property Alliance was formed by Eureka High students (Garett and Elizabeth Pierson) to unite TPZ landowners and other concerned citizens in opposition to the TPZ ordinance changes put in place by the Humboldt County Board of Supervisors in early October. Good work, kids. Amazing and inspiring.

Thursday, November 15, 2007

Forestry Review Committee against TPZ draft


The consensus Tuesday among some Forestry Review Committee members was a residence on land zoned for timber production shouldn’t “detract” but it need not be “necessary.”

During Tuesday’s meeting, committee member Gary Rynearson said he felt “the issue of necessary” as is written in the California Government Code has caused confusion.

California Government Code Section 51104 (h) states a “compatible use” for timberland is that “which does not significantly detract from the use of the property” for growing and harvesting timber.

Subsection No. 6 states a residence or other structure could be included if deemed “necessary” for timberland management.

Rynearson said with respect to the issue at hand, whether a residence is “necessary” is less important than what constitutes a compatible use of timber production zone land....

...After about two hours of discussion on Tuesday, Rynearson crafted a five-part motion, which was revised several times and which also had as its centerpiece the issue of 160 acres.

The vote, which was approved 4-2 (Yana Valachovic and Mark Andre dissenting), was for the following:

1. Residences on parcels 160 acres or more should not require discretionary review.

2. The committee does not approve of the current draft TPZ ordinance.

3. The FRC would like to work with staff to develop objective standards for residential construction on legal substandard parcels that are less than 160 acres. These standards would take into account “consistency with the definition of compatible use” and that the developments “do not significantly detract from the use of the property for, or inhibit, growing or harvesting timber.”

4. TPZ matters should be put back into the Humboldt County General Plan Update discussion.

5. The committee requests a study session on Jan. 15 or “another suitable date” with supervisors, the Planning Commission and county staff on TPZ issues....
Read the full article

Interesting post at Save Ancient Forests

Wednesday, November 14, 2007

2007 CAMP numbers released

TS - Nearly five times more marijuana was pulled out of Humboldt County this year than last during the Campaign Against Marijuana Planting enforcement period.

CAMP, a multi-agency marijuana eradication effort under the umbrella of the California Attorney General's Office, pulled 271,000 plants in Humboldt County this year, up from 60,000 last year.

The record year brought Humboldt back to being nearly the top pot county, second behind Lake County where 483,000 plants were destroyed....
More...

Rollin retrial proceeds...

Delays persist in retrial of suspect for dependant abuse

Jury selection got under way last week in the retrial of the licensed caregiver convicted three years ago in connection with the 2002 death in Orick of Joi Henderson Wright, but it remains unclear whether opening arguments will begin any time soon.

Joseph Pierre Rollin stands accused of felony abuse of a dependant adult, with the enhancements of causing great bodily injury and proximately causing Wright’s death.

If he is convicted of the charge and the jury additionally finds both enhancements to be true, as a previous jury did in 2004, Rollin could face an additional 28 months in prison.

But without the enhancements, Rollin, who has been in custody since his capture in April 2003, could be eligible for release immediately, even if convicted on the felony charge.

Humboldt County Deputy District Attorney Ben McLaughlin, who is prosecuting Rollin this time, said the decision to retry the suspect was based on a variety of factors.

“Essentially, the impetus for going forward is to make sure he can no longer be a care provider in the state of California,” McLaughlin said Monday, “and obviously consideration for the family and the victim.”

Wright, 42, who suffered from multiple sclerosis, is believed to have died on or around March 19, 2002, in a condemned trailer in Orick.

Records on file at the Humboldt County Coroner’s Office indicate that at the time of her death she weighed only 60 pounds and was swathed in a soiled disposable diaper.

Rollin was convicted in September 2004, but the conviction was overturned on appeal in December because statements he allegedly made before being read his Miranda rights were used as evidence against him at trial.

Pretrial maneuverings have proceeded slowly since March, when Rollin was returned to Humboldt County, and stacks of motions filed by both the prosecution and defense — along with three separate weeklong recesses already scheduled within the next six weeks — are unlikely to speed things up.

In one motion alone, Rollin’s lead defense attorney Barry Morris asks the court to exclude seven categories of evidence Morris calls “speculative,” including testimony about “events that never happened.”

Other motions filed by Morris and his co-counsel, Matthew Fregi, challenge testimony from Wright’s mother as “irrelevant,” call statements and remarks by various involved parties “unduly prejudicial” and seek to exclude as hearsay some remarks made by witnesses who testified at the first trial.

McLaughlin filed responses to those motions and added a few of his own, requesting that the court admit postmortem photographs of Wright and post-Miranda statements made by Rollin.

McLaughlin said arguments about the motions could begin Thursday, but the courts will be closed next week for the Thanksgiving holidays.

Testimony could begin the following Monday, but would then recess for another week beginning Dec. 3 when the judge goes on vacation.

That leaves only two weeks before the courts close again the week of Christmas.

McLaughlin said approximately 140 prospective jurors were being screened to hear the case.

Tuesday, November 13, 2007

"It's the biggest scam in history..."

John Coleman, Weather Channel Founder: "Global Warming ‘Greatest Scam in History’

It is the greatest scam in history. I am amazed, appalled and highly offended by it. Global Warming; It is a SCAM. Some dastardly scientists with environmental and political motives manipulated long term scientific data to create an illusion of rapid global warming. Other scientists of the same environmental whacko type jumped into the circle to support and broaden the “research” to further enhance the totally slanted, bogus global warming claims. Their friends in government steered huge research grants their way to keep the movement going. Soon they claimed to be a consensus.

Environmental extremists, notable politicians among them, then teamed up with movie, media and other liberal, environmentalist journalists to create this wild “scientific” scenario of the civilization threatening environmental consequences from Global Warming unless we adhere to their radical agenda. Now their ridiculous manipulated science has been accepted as fact and become a cornerstone issue for CNN, CBS, NBC, the Democratic Political Party, the Governor of California, school teachers and, in many cases, well informed but very gullible environmentally conscientious citizens....
Includes links to John’s full blog story. http://icecap.us/ is a great site, too

Update on PL Appeal

The latest response is in. Rumor has it that ORAL ARGUMENTS have been requested.

Amicus curiae for appellant: City and County of San Francisco
Amicus curiae brief filed by: Attorney: Danny Yeh Chou
10/30/2007

Defendant and Respondent: Pacific Lumber Co.
Response to amicus curiae brief filed by: Attorney: Edgar Bancroft Washburn, Attorney: John Alan Behnk
11/20/2007

Use the PL Appeal label below to go to other posts with other douments...

Did I say ROAD TRIP!

Sunday, November 11, 2007

Remembrance

Source

"...America's soldiers are unique. They've never gone forth to war in a bad cause. Even when the cause was geopolitically mistaken, it was morally sound; the enemy could not claim the moral high ground. Nor have American men at arms ever been defeated on the field of battle. It suggests that the old cynicism "might makes right" has things exactly backwards.

But the uniqueness doesn't stop there. Alone among all the nations of the world, only the United States has sent its sons to war entirely for the benefit of others. Hundreds of thousands of Americans gave their lives in Europe, in the Pacific, in Southeast Asia, and in the Middle East to liberate oppressed peoples from tyranny and despair. They're still doing so today. No doubt they'll do so tomorrow. And all America has ever asked in recompense, in Colin Powell's memorable words, is ground enough to bury those who don't return....

We call them heroes, and the word is apt. But it doesn't cover the whole of the American martial experience. Many a hero has fought only in defense of that which is dear to him personally. The American soldier, more often than not, has gone to war in defense of that which is dear to others he never knew...."
Read the rest at Eternity Road

Amen.

h/t: ΛΕΟΝΙΔΑΣ

Where are the reporters?

Last Tuesday's Board of Supervisor's meeting is replaying on Channel 10. The abatement hearing on Schectman's Vilica Plantation, complete with photos of leveled plateaus with dozens of 40 x 100 foot greenhouses... environmental/stream degradation and all kinds of non-permitted construction... stupendous violation of the County's 100 pot plant limit... claims of exemption under TPZ rules with no THP filed, a shell game with principals appearing to hide behind serial LLCs.

Have there been ANY stories in the papers? Where are those heavy duty reporters for the Chronicle and LA Times? One assumes they do some stories on their own, that they don't always rely on PR from Michael Shellenberger. Where's the KPIX reporter who got the private bay-keeper tour?

Here you have the man Salzman put up as a shill to run in the Recall election, a man who was let into the DA's office as a "pro bono" lawyer, a man who has made his bones suing Palco over environmental degradation at the heart of this story. His alleged partner, Josh Hedlund is the son of a former Supervisor.

There're big names and big money involved - in excess of $5 million - yet not a peep from heraldo, that champion of land use planning and Palco haters everywhere...

Maybe there will be something in one of the weeklies next Tuesday

Links:

San Francisco Chronicle - 12 charged in raid of pot, guns, cash

Saturday, November 10, 2007

The truth about Planning and Zoning

What's the point of Planning and Zoning when someone who follows the rules has his project denied, while his chief critic - and neighbor - asked for and got variances? Then tried to get the Planning Department to alter their records to support his complaint...see the links below. The Planning Commission should be ashamed of themselves.

Vigilante law on Dunes project

I pledge allegiance to the flag of the United States of America and to the Republic for which it stands ...

In a republic we elect representatives to craft law and rules to guide us in our daily lives. My West Bay Dunes subdivision in Manila followed all the rules. We asked for no variances at all. The well-organized neighbors raised no valid issues, not one! Their main objective was to keep others from living around them -- “I've got mine but you can't have yours” types of self-righteous dictators.

Yet they were able to sway the planning commissioners to oppose it. That's vigilante law, not constitutional. What about all the people who wanted to live in these homes? Where is the justice in keeping them out? We are in danger of losing our republic from this selfishness.

... One nation, under God, indivisible, with liberty and justice for all.

Write the planning commission at 3015 H St., Eureka, CA 95501 and let them know what you think!

Robert Riley
Manila

A witch hunt
More on the Witch Hunt..."This is not a NIMBY issue" WITH KHUM UPDATES
The Witch Hunt LETTERS collection & Dunes Forum notes
Which rules do you play by?
For those following the Manila/Riley project w/addition(s)
"Don't let others know I have contacted you."
Planning Commission tables controversial Manila subdivision decision
TS - Manila development withdrawn for revision

Friday, November 09, 2007

Backwoods Brawling

This week's Town Dandy

Excerpt: ...Here, in a nutshell, is a summary of the situation. Currently, and for the last 30 years, someone who wanted to build a home on land zoned for timber production (“TPZ land”) required only a building permit. The proposed change would require that people who wish to build on TPZ secure, in addition, a much more onerous permit that would require, among other things, that the proposed home is “necessary for the management of the timberland” — i.e., for timber harvesting. On the face of it, that would seem to equal something close to “never.”

Looked at from one angle, the proposal is perfectly consistent with the changes the county is making to its general plan, which should be updated sometime next year. A major goal of the general plan is to confine population growth to already populated areas, so as to prevent sprawl and to preserve working timber and agricultural lands from development. There’s plenty of arguments to be made that rural subdivision has major impacts on wildlife and watersheds. Environmentalists and smart growth advocates have lined up solidly behind the proposed changes.

On the other hand, there’s no questioning the fact that any change would have immediate and devastating effects on some 1,700 separate owners of TPZ lands, who together own about one million acres of Humboldt County land. Eureka attorney Bill Barnum, whose family’s company owns about 30,000 acres of land, estimates that the changes will wipe away $1 billion in Humboldt County property values — about $150,000 per TPZ parcel. Whether those figures are strictly accurate or not, the very agitated folks who have organized themselves to oppose the change certainly have plenty to fear.

There’s no question that it’s within the county’s power to impose the changes. Several neighboring counties — Trinity, Del Norte, Shasta — have similar rules in place, and have had for some time. (Others, like Mendocino County, have rules similar to Humboldt County’s current ones.) It’s startling, though, how reaction to the Pacific Lumber proposal seems to have precipitated this headlong rush to change things as quickly as possible, without the possibility of thorough study or debate. The result, inevitably, will be very nasty politics and very expensive lawsuits...


Hanks asks Did it ever occur to (Bill Barnum) that he, Maxxam and Schectman were, by all appearances, on the same side of the TPZ issue?

Umm, I hafta disagree with that one, Hank - I don't think Bill Barnum is putting in 40 x 100 foot greenhouses to grow pot illegally. I could be wrong. If you mean that it's the argument that you should have the right to do whatever you want on your land - I still don't think you'd find that that is what Barnum is saying. Most everyone agrees that some rules are necessary, and good people tend to abide by them. Criminals don't. That's what should be being addressed, not denying someone - anyone - the right to sell their parcel or build a home on their parcel.

Wednesday, November 07, 2007

EPD SWAT team ordered to stand down

URGENT ALERT! This case was TOSSED by the Judge - never made it to trial.
☛ ER http://eurekareporter.com/article/080826-judge-throws-out-douglas-zanotti-case
Feeney said the indictments the grand jury handed down to Douglas and Zanotti in December 2007 weren’t supported by probable cause. Insufficient evidence regarding the former leaders’ alleged failure to oversee other law enforcement was also presented to the grand jury, Feeney said, and instructions given on “exigent circumstances” were inadequate.
The grand jury should have also been instructed on justifiable homicide by law enforcement officials, Feeney said.

***
Original post: EPD SWAT team ordered to stand down

Citing a lack of resources and personnel, Eureka Police Department Chief Garr Nielsen issued an order Tuesday effectively disbanding his department’s Strategic Weapons and Tactics team.

“SWAT has been an issue and a concern for me since I got here,” Nielsen said in an interview Wednesday, noting that at the time of his hiring in May the team had only eight members and had recently dwindled to six.

“That takes us to the point that I do not feel comfortable saying we have a team that could handle a major incident in the city,” he said. “For instance, if I had an officer shot and needed to get him out of a situation, or a barricaded subject, I don’t know that I have the resources myself to be able to handle something like that right now.”

Additionally, Nielsen added, the six remaining SWAT team members “are under a great deal of strain right now” because of the criminal grand jury convened this week to determine whether charges should be filed in the 2006 EPD SWAT team shooting death of Cheri Moore.

“This is very emotional for them. This is very stressful for them. And quite frankly, I’m very concerned about a major incident happening now and having a SWAT situation they would have to take care of.”

Nielsen said repeatedly that he had “absolute confidence” in the team members’ competence and abilities.

“If I were somewhere and needed help, those are the first six people I would call.”...

In the cases to watch file

Second of three suspects in 1998 homicide arrested

A drunken driving arrest in Stanislaus County led authorities to the final suspect in the 1998 killing of a Eureka teenager outside a video store.

The Eureka Police Department said the California Highway Patrol pulled over and arrested a man on Oct. 28 who identified himself as Alejandro Contreras.

When his fingerprints came back, the man's real identity was revealed to be Yohan Perez Lopez, who is suspected in the shooting death of Ryan Matthew Dunn,18, in January 1998....

Supervisors discuss pot limit proposal

THE PRESS DEMOCRAT Supervisors discuss pot limit proposal

UKIAH -- A proposal to limit the number of medical marijuana plants that can be grown in unincorporated areas of Mendocino County was praised and condemned Tuesday at a Board of Supervisors meeting.

The proposal would allow no more than 25 plants on any parcel in unincorporated areas. The county currently allows up to 25 plants to be grown per medical marijuana user.

Many pot growers say they supply multiple people, resulting in gardens with far more than 25 plants.

The proposed ordinance says growing more than 25 plants constitutes a nuisance both because of the skunklike smell and the prospect for burglaries, robberies and other crimes.

Marijuana advocates called the proposal unfair and illegal and vowed to sue if it's adopted.

"The ordinance is so wrong in so many ways," said Keith Faulder, a former county prosecutor who now represents medical marijuana users.

But a growing number of Mendocino County residents are coming forward to demand limits on pot cultivation.

"I'm hearing from all over the county, enough is enough," Supervisor Jim Wattenburger said.

Critics say Mendocino County's permissive policy attracts people who make a living growing marijuana under the guise of supplying medicine.

It's a "medical marijuana hoax," said Dennis Smart, who, with a contingent of rural residents, attended the meeting to plead with supervisors to place limits on the growing marijuana industry they say is ruining their neighborhoods.

Members of the Robinson Creek Road Association -- many of whom initially supported legalizing pot for medical reasons -- said large-scale production is denying them the ability to enjoy their land.

Animals are being shot for wandering into gardens, pot irrigation is causing water tables to drop, and traffic is increasing with the steady flow of drug dealers, said Matt Davis.

"People are getting fed up," he said.


Mike Nemeth said the proposed ordinance would be unfair to people like him who moved to Mendocino County after researching its pot policies.

"It would be an injustice not to be able to do what we came here to do," said Nemeth, who said he wants to grow pot because some of his family members are beginning to age and he wants to help them if they develop ailments.

The board will resume discussion of the proposed ordinance in December.
By GLENDA ANDERSON


It's about QUALITY OF LIFE.

h/t Robin: Pot activist likely knew killers
Police believe gunmen who robbed Laytonville man familiar with home
Welcome to potdoc.com

Gallegos files complaint against auto dismantlers

Gallegos files complaint against auto dismantlers

Humboldt County District Attorney Paul Gallegos announced Tuesday that his office is filing a civil complaint against a Santa Rosa-based auto dismantler after oils leaked from its crusher while crushing cars in Rio Dell last year.

Both Cream's Dismantling and Joseph Cream Sr. are named as defendants in the suit.

”The lawsuit alleges that Cream's crusher was not equipped with an appropriate containment device and its employees did not otherwise take appropriate steps to prevent fluids from leaking,” stated a DA press release.

Gallegos alleges in the complaint that oil from the crusher ended up in Rio Dell's storm drain system and the Eel River.


Why is it I think there will turn out to be more to this story?

DA files lawsuit against Cream's Dismantling

He's very talkative in this one:

The district attorney included a cause of action under the Unfair Competition Law, citing the unfair profits retained by the defendants through their externalization of the costs of complying with anti-pollution laws.

“Businesses that fail to use the proper equipment, resulting in pollution releases that could have been avoided, are effectively shifting their costs of operation onto the public,” Gallegos said. “In this case, Cream’s should have retrofitted its crusher with a containment system that would have prevented the leakage of pollutants onto the ground. It chose not to invest the money to do so, with the result that the city and other agency officials had to respond to the spill.

“Additionally, in spite of the efforts of those who responded to the spill, pollutants ended up in the city’s storm drain system and washed into the Eel River.”

Gallegos said the alleged violations “could have and should have been avoided.”

“The laws that we are enforcing serve an important public purpose,” Gallegos said. “They are designed to protect the public health and safety by preventing the release of pollutants that are detrimental to the health of both people and the natural systems upon which we depend.

“It is critical that people become more aware of the importance of preventing hazardous substances from entering the natural environment. There are appropriate and legally sanctioned ways of disposing of hazardous waste. People need to know that, and know that if they violate the laws they will have to pay the consequences.”


But will he file a complaint against the POT PLANTATION OWNER?

36 parcels, $5,803,000.00 + ?

How does a pro-bono attorney come up with that kind of money?

If Steve Schectman is indeed the "President" of Vilica LLC, who else is involved? Josh Hedlund is his partner? How many other partners? Who's the Vice-President? Treasurer? Owner? Shareholders? Where does their money come from? Is it pot money? And how much were they making or planning to make as payback on their investment?

Who is Paradise Palms LLC? Who is Haven Kozak? Is this just a shell game, hiding behind a series of LLC's?

Assessor Parcel Information a 38 page pdf document

Looking for answers...

Supes will not extend moratorium


People crowd the hallway of the county Courthouse on Tuesday waiting to air their views on whether the supervisors should extend the moratorium on construction on timber production zone land. Daniel Solomon/The Eureka Reporter
ER Supes will not extend moratorium

Tuesday afternoon saw several hours of public testimony for and against Humboldt County Supervisors extending an interim ordinance suspending building permits on timber production zone land.

After the approximately 80 speakers had finished, Pacific Lumber Co. President and Chief Executive Officer George O’Brien took the podium at Supervisor Jill Geist’s invitation.

Geist had, along with Supervisor Bonnie Neely, introduced the interim ordinance Oct. 9 that was passed with Roger Rodoni dissenting.

On Tuesday after 7 p.m., the supervisors voted 4-1 (Roger Rodoni dissenting again) to lift the moratorium. Rodoni said he disagreed with the additional motion elements.

Supervisor Jimmy Smith had said he’d like a task force, a consideration for “hardships,” a letter sent to the Texas bankruptcy court and to get better informed about the Habitat Conservation Plan as it pertains to timberlands, including PALCO’s.

Geist registered her concern over a task force, as did other supervisors, and with Smith’s OK she made a new motion that reflected Smith’s, but did so without the task force.

While O’Brien had been in front of the room, Geist’s first question to him was if PALCO was still intending to go forward with the “Redwood Ranch Development” project, which, she said, had brought them to where they were with this moratorium.

As part of its bankruptcy reorganization plan, PALCO has included a high-end residential development — the sale of 21,800 acres of second-growth, commercial timberland for 136 residential parcels to be known as “Redwood Ranch.”

“It’s not a project that has ever been proposed to you,” he said.
He told the supervisors PALCO is currently in mediation with its creditors. He said Redwood Ranch could not become an official development for years.

He did say the development was being viewed as a whole project, not just single homes.

“We’ll be complying with whatever the regulations are at that point in time,” he said.

O’Brien categorized the “concept” as a “working forest” and “eco-friendly.”

As previously reported in The Eureka Reporter, there has been much debate about whether houses are compatible with timber management on said TPZ parcels.

Humboldt County Community Development Services Director Kirk Girard said the “single question” going before the Forestry Review Committee when it takes up the TPZ ordinance today at its 7 p.m. meeting is “when is a house necessary to timber management?”

“We’ve heard the community,” Geist told O’Brien. “There is not one of us that disagrees on the importance of those timberlands for their resource value.”

“It is the lifeblood of our company,” O’Brien countered.

Some speakers had said they felt the supervisors were “punishing” small landowners to send a message to PALCO. Some said it felt like the county was set to “take” their land.

“The community at large does not trust PALCO,” Geist said. “The community at large does not trust the Board of Supervisors.”

She inquired how these two parties can begin to work together.

“I think one of the ways is dialogue and transparency,” O’Brien said.
***

TS Timber zone building ban will run out

Ignoring all the individual people who got up to speak about how they were being impacted by this decision, the insensitivity award goes to Diane Beck with the North Coast Chapter of the Sierra Club said opponents of the moratorium had engaged in misinformation and bullying, and were using hyperbole when claiming that they wanted to protect the rural way of life.

”Oh, please,” Beck said. “Since when have mini-kingdoms on TPZ lands been part of our rural culture?”


Uh, Diane, long before subdivisions became the norm.

A number of speakers said they'd been caught up with Palco in an ordinance that threatened their property rights.

Rancher Sally French said the environmental community had overstepped its bounds, and so had the supervisors in proposing the moratorium.

”Is this fair?” French asked. “No, of course not, but it seems that all is fair in love -- and war with PL.”

Tuesday, November 06, 2007

Day 574 And FINALLY, As expected....

URGENT ALERT! This case was TOSSED by the Judge - never made it to trial.
☛ ER http://eurekareporter.com/article/080826-judge-throws-out-douglas-zanotti-case
Feeney said the indictments the grand jury handed down to Douglas and Zanotti in December 2007 weren’t supported by probable cause. Insufficient evidence regarding the former leaders’ alleged failure to oversee other law enforcement was also presented to the grand jury, Feeney said, and instructions given on “exigent circumstances” were inadequate.
The grand jury should have also been instructed on justifiable homicide by law enforcement officials, Feeney said.

***
Original post: Unable to make a decision himself, Gallegos has finally done it:

Grand Jury convenes in Moore case

EUREKA -- The Humboldt County District Attorney's Office convened a criminal grand jury Monday to decide whether to bring charges in the death of Cheri Lyn Moore, who was shot by Eureka police after a 2006 standoff.

District Attorney Paul Gallegos has said he was considering such a move for months but because grand jury proceedings are held in secret by law, he did not commit to making such a move. Gallegos said Monday that the judge ruled the court would remain closed, and he consequently couldn't comment any further on the day's proceedings...


No reason to have these as secret deliberations.