Mendocino County Today: Thursday, May 19, 2016
by AVA News Service, May 18, 2016
ISOLATED THUNDERSTORMS are possible Friday and Saturday...mainly across interior locations. Dangerous cloud to ground lightning will be the main storm concern. (National Weather Service)
HERE'S A WEIRD ONE: Remember that "explosive device" discovered near a tee box on the golf course at the Little River Inn last week? A Humboldt County bomb squad hustled down from Eureka and detonated the thing. It's vaguely described by the Sheriff's Department as "small" and "homemade." There's a famous local car bomber who has reinvented himself so thoroughly he now functions as Mendocino County's lead garbage bureaucrat, but he's believed to have put his explosive past behind him. (Here in Amnesia County re-invention is a simple matter of presenting oneself with one's new curriculum vitae and one's in business.)
GOLFERS have been known to irritate large numbers of people, but Capt. Greg Van Patten of Sheriff's Department said Tuesday that the cops are as mystified as everyone else as to why anybody might want to explode one. Van Patten said there are no suspects. Anyone with information regarding the incident may contact the Sheriff’s Office tip line at 234-2100
Pirates End Anderson Valley 14-Game Win Streak
& Win League Championship In The Process
Anderson Valley rolled into Point Arena today riding a 14-game winning streak for the regular season-ending confrontation to determine the NCL III league championship. When the dust cleared, the once-defeated Point Arena Pirates left no doubt who was the better team Tuesday - they handled the Panthers 7-3 in the first game (Gavin Malik got the win on the mound) while a Cody Cissna three-run homerun to center provided the margin of victory in the second game 5-2. Brett Hoguin picked up the win on the mound for the Pirates. The real story of the game was errors - Anderson Valley committed NINE in the two games - as well as the jinx the Pirates seem to hold over the Panthers: Point Arena has now won the past 11 consecutive games over Anderson Valley and have a record of 22-4-1 extending back to April 20, 2005. MSP tried to send video clips from the game, like we have from Mendocino & Boonville, but it wasn't possible at the Point Arena field - bummer. But we'll be posting more photos & video Wednesday
Box Score First Game
AV 0 0 0 3 0 0 0 = 3 Runs, 6 hits, 4 Errors
PA 1 0 3 2 0 1 X = 7 Runs, 8 hits, 2 Errors
Winning Pitcher Gavin Malik (4 strikeouts)
Losing Pitcher Jared Johnson (9 strikeouts, 2 hit batters)
Box Score Second Game
AV 1 0 0 0 1 = 2 Runs, 2 hits, 5 errors
PA 0 0 3 2 X = 5 Runs, 5 hits, 1 error
Winning pitcher Brett Hoguin (4 strikeouts)
Losing pitcher Tony Pardini
Photo -Here Are Your 2016 Ncl Iii League Champs--The Point Arena Pirates after their upset of undefeated Anderson Valley Tuesday.
WE RECENTLY ASKED THE SHERIFF about all those “failure to appear” and “failure to pay” bookings that appear in the daily catch so often.
We'd bet this is not your problem, exactly, but everyday we notice that somebody is arrested, booked, processed, held for some short time, and released for (allegedly) failure to pay or failure to appear. This is probably initiated by a judge or court staffer somewhere. Then your guys go out and pick them up for this "crime." Presumably the court people have the person's contact information (email, phone, etc.) because they got it when they were first ordered to pay or appear. So, why doesn't the court send out some kind of robo-call or robo email with a final warning to pay or appear before the cops have to pick them up? Or do they already do that and these people really need to be physically picked up and brought in for such things?
SHERIFF ALLMAN REPLIED:
The vast majority of misdemeanor warrants are handled by deputy sheriff's with a simple citation. A signed promise to appear. If the subject fails to appear (again), then most judges issue "DO NOT CITE" warrants. If we happen to run into the subject, they are physically arrested and booked into county jail where. ....they are usually released with a signed promise to appear. Yes, it happens again when they fail to appear, get re-arrested with a no bail warrant and then appear in front of a judge.
WHICH WE’LL HAPPILY ACCEPT AS THE ANSWER. Except that it still leaves the question of whether the Courts send out a stern warning — “take care of this or be subject to no-notice arrest any time” — before issuing their “DO NOT CITE” warrants. Why make a deputy go to all that trouble for a “failure to appear” or a “failure to pay” unless they’ve ignored a pointed warning?
MRC’S LATEST EXPENSIVE ANTI-MEASURE V FLYER claims that hack’n’squirt is a “state of the art technique” and “internationally approved forest management science.”
So we googled “state of the art” and “tree killing” and we got back a book reference to a tree-climbing robot — THAT would be “state of the art.” The rest of the search results were a bunch of non-relevant options about climate change, insects, tree rings, etc.
HACK-N-SQUIRT — chopping a crude gash into a tree with a hatchet and squirting systemic poison into the gash — is not “state-of-the-art” nor is it “internationally approved forest management science.”
WE ALSO LOOKED UP GIRDLING — using a chainsaw to cut a bark-free band around a tree trunk — which some experts say will kill a tree in a month or two. Apparently this method works better than hack-n-squirt, does not require poison, but it takes a little longer to girdle the tree than to hack-n-squirt it. (But it saves on poison cost.)
WHICH MAKES MRC’s OTHER CLAIM that hack-n-squirt results in “300+ local and family wage jobs” (everybody knows they send low-wage Mexican crews out into the woods to do the hacking and squirting) pretty empty when they could use local loggers (Mexicans included) and firewood gatherers to girdle the trees. AND, since it takes a little longer to girdle the trees, it would spread the fire hazard out over more time and not create the almost insta-mega-hazard that killing millions of trees at a time does.
MRC’s FLYER also lists MRC’s “Forest Policy Director” John Andersen as being opposed to Measure V (along with Laytonville’s Jim Little, retired CalFire exec Bruce Strickler, and Jackson State Demonstration Forest Forester Marc Jameson). Wow! MRC’s own guy who established the poisoning practice is opposed to Measure V! He’s probably also the MRC guy who thinks hack-n-squirt is “state of the art” and “internationally approved.”
KELISHA'S BACK. That would be Ukiah's Kelisha Alvarez, the frequently arrested local woman who agreed to live with her mother in Oklahoma to avoid a felony vandalism charge. A large, very strong and nimble woman prone to violence, Kelisha typically requires more than one officer to subdue her when she goes off, and she tends to go off at the slightest provocation. Local cops breathed a collective sigh of relief at her Oklahoma exile, which began March 25th with a murky deal worked out by the DA's office. Many Kelisha-watchers predicted she would soon return and here she is.
MENDOCINO MAN AMONG THOSE ACCUSED OF LOOTING $43 MILLION FROM CALIFORNIA COMMUNITY
An alert viewer send this news item along to MSP this morning. It was from the Associated Press with a dateline of 5:21 pm Tuesday:
"RIVERSIDE, Calif. (AP) - Seven former Beaumont officials, including the city manager, city attorney and police chief, were charged Tuesday with stealing nearly $43 million in public funds.
The seven arranged for city contracts and loans that funneled money to companies in which they had personal stakes, prosecutors alleged.
In addition, the police chief allegedly received a $45,000 interest-free city loan without City Council approval.
Beaumont, a semi-rural community of around 42,000 people located east of Los Angeles, has in years past struggled with budget deficits of as much as $10 million.
In November, a state audit concluded that Beaumont's accounting controls were 'effectively nonexistent.'
The US Securities and Exchange Commission also is investigating the city, which over the past two decades has issued hundreds of millions of dollars in bonds for public services and works, such as sidewalks. Thousands of homeowners are still paying off the bond debt.
Those charged Tuesday are: former City Manager Alan Kapanicas; former Police Chief Francis Dennis Coe Jr.; former City Attorney Joseph Sandy Aklufi; former Finance Director William Aylward; former Economic Development Director David William Dillon; former Public Works Director Deepak Moorjani and former Planning Director Ernest Egger.
Most of the nearly $43 million allegedly stolen was collected from developers of new projects and was supposed to have been passed on to a regional fund for transportation projects. Instead, prosecutors say city officials illegally held onto the money and funneled it to contracts with their business interests.
Those charged Tuesday are: former City Manager Alan Kapanicas; former Police Chief Francis Dennis Coe Jr.; former City Attorney Joseph Sandy Aklufi; former Finance Director William Aylward; former Economic Development Director David William Dillon; former Public Works Director Deepak Moorjani and former Planning Director Ernest Alois Egger.
All were arrested Tuesday except for Egger, who was expected to surrender to authorities on Wednesday, according to the Riverside County district attorney's office.
A call to Egger's Mendocino home seeking comment was not immediately returned.
The others remained jailed and it was not immediately clear whether they had attorneys.
Kapanicas and Aylward are each facing more than 30 felony charges including conspiracy and misappropriation of public funds. They could face up to 26 years each in prison if convicted.
Potential sentences range from 16 years for Dillon, Egger and Moorjani to five years for Coe.
The charges come a year after investigators with the FBI and district attorney's office searched City Hall, Kapanicas' home in Palm Desert and the offices of Urban Logic, a consulting firm hired in the early 1990s to head the city's planning, public works and economic development departments. They hauled away computers and dozens of boxes of documents.
Dillon, Egger and Moorjani all previously had principal interests in Urban Logic."
(Courtesy of the Ever-Alert MendocinoSportsPlus)
COMPUTER WOES (mcn-listserve comment from 'Joshua')
The Most Invasive Windows 10 Promotion I Have Received Yet
I sat down in front of my computer last night to what appeared to be a new variation of the old "computer crash screen" (Blue Screen of Death). I read, "Windows 10 has been installed on your computer". This was followed by a long text filled box containing a "Terms & Conditions" statement. At the bottom of the screen were an "Accept" button and a "Decline" button. I chose "Decline" & silently prayed against the possibility of initiating a non recoverable crash for rejecting the new operating system that Microsoft has been offering to install on my computer about every 24 hours for several months.
At this point a pop-up box, also colored hypoxic blue, stating, "Declining here means you're saying no to the free upgrade to Windows 10. We'll reinstall your previous version of Windows but it may take a while. Here's what you'll miss out on:
(x) a sentence about better security and speed
(x) Thousands of free apps in the Windows 10 store
(x) and much more...
Are you sure you want to decline? (My choices were) "decline" or "Keep Windows 10."
I chose decline and the screen went blank but for the message, “attempting to recover…”, with a revolving white dot orbiting in a ½-inch circle near the bottom. I checked the time and watched WTF videos from YouTube on my I-pad for over 30 minutes in a state of emotional numbness similar to the feeling I might get if I had just been informed that my mother had been in a car wreck and was on her way to the hospital.
My computer rebooted itself and, after I spent some 2 hours belatedly backing up my hard drive, I quit for the night and went to bed. The best explanation about how and why this happened is what I read here:
I discovered that the small red “X” in the upper right corner of a Windows window can do more than simply close that window.
BTW, My computer, programs and files are intact and functioning normally today but I will not let Microsoft Windows update its operating system or other programs automatically in the future.
WHAT’S THE RUSH WITH REMCO?
To the editor:
Friends, here is a copy of the remarks I plan to make at the City Council meeting tonight.
Public comment to be offered at Willits City Council meeting, May 11, 2016
I was surprised and dismayed by the headline in today’s Willits News “Skunk Train Out; Burton-Mitchell in Council given May 31 deadline to decide.”
As a resident of Willits I’m concerned for a number of reasons:
A revitalized Remco property sits at the cross-roads of our future—Whatever is built there will in many ways be the face of Willits and I would hope we’d present the best of us to our own citizens and to those who might visit here.
It’s my understanding that those representing the Skunk train have been in negotiations to purpose the property since 2013 and I thought were first in line to purchase the property.
Last year a second proposal was offered by Mayor Burton and Mr. Mitchell to purchase and develop the property. There was some talk at that time of finding a way to combine the best of both proposals.
Now we learn that “The Skunk Train is out and Burton-Mitchell are in and the Council is asked to make a decision by May 31.” It seems to me there is a suggestive, if not actual, conflict of interest since Mayor Burton sits on the City Council and is…well, the mayor, and he’s also a potential beneficiary of actions that the City Council may take in influencing the terms of a potential purchase of the Remco property.
I would hope the City Council, City Manager, and Staff would consider the following:
Offer a detailed time line and description of the decisions and actions that have taken place that bring us to the suggested action that “The Skunk Train is out; Burton-Mitchell are in,” so that we can feel confident that there is no conflict of interest, or if there is one that it is fairly resolved.
Since the City is involved in an in-depth exploration of what the community wants to see on Main Street, I would suggest there be community meetings held to discuss what would be in the best interests of the community for the use of the Remco site.
Since this is such an important issue, the Council should not act precipitously, but take considered action that will allow the community to feel the Council and staff are acting in the best interests of the entire community.
VOTING RECOMMENDATIONS FROM TOM WODETZKI
Hello. People often ask me for voting recommendations, so here they are. Feel free to pass them on. Tom Wodetzki, past co-chair of The Alliance for Democracy, Move To Amend, and long-time Mendocino Coast progressive activist President: Bernie Sanders in this Primary election (and Hillary Clinton in November. See bottom)
US Senator: Kamala Harris (black woman Democrat Attorney General)
US Representative: Erin A. Schrode (millennial woman Democrat)
State Assembly: Jim Wood (Democrat)
County Judge: Patrick Pekin (See note below)
State Proposition 50: Yes on suspension of legislators
County Measure V: Yes on killed trees are public nuisance
County Measure W: Yes on County Charter Commission
Fort Bragg Measure U: No on banning social services downtown
Charter Commissioners: Yes on all but David Paul Sowder and Ellen Rosser (who are good people but sometimes difficult in meetings)
Re: County Judge: Coast activist Steve Antler wrote: "Patrick Pekin is dedicated to community service and will be a fair and impartial judge who is INDEPENDENT because he has support from all parts of the county and all segments of the community. He worked hard to keep our coast court open and really wants to see people have access to our courts. Check his website PatrickPekinforjudge.com
Re President: Hillary or Bernie? We can win with both! Here's how: Vote for Bernie June 7th, and vote for Hillary November 8th.
Hillary is likely to be the Democratic candidate in November, and we need to support her against Trump, to finally have a woman president and to appreciate her tireless work for women, children and our country. And, if you support Bernie's platform of getting Big Money out of politics, reducing Wall Street's control of Congress, breaking up the big banks, ending tax loopholes and off-shoring of assets, enacting single-payer healthcare and free tuition at public universities, vote for Bernie in the primary election next month.
His victory in California's primary would help move the Democratic Party and it's platform in a progressive direction, convert some Trump supporters, and support young people's new enthusiasm and activism. If you fear a Trump victory, note that Bernie is considered "Unfavorably" by 37% of the voting public while Hillary is by 56%. And the latest NBC News poll shows Bernie defeating Trump by 13% while Hillary by only 5%. So let's go with a win-win strategy: Vote for Bernie June 7th, and vote for Hillary November 8th.
Tom Wodetzki, Albion CA
WHY DOESN'T MEASURE V ADDRESS HERBICIDES?
Because, if it had, County Counsel would have thrown it out.
Because CA State has preempted all economic poisons regulation for General Law Counties like ours.
HOWEVER, if you all vote YES on MEASURE W, and give the Charter Commissioners a chance to draft a Charter, Mendocino County COULD regulate some poisons, as long as those regulations are not LESS RESTRICTVE than State LAW.
So, here are some good reasons to vote YES on V and YES on W! Think about it.
-- Els Cooperrider
Citizens for Fire Safe Forests, Campaign Coordinator
NO ON W
Let’s put a stop to this Charter County madness before it costs the county more than it can afford. Several months ago, the Charter Project of Mendocino County began circulating petitions to gain enough signatures to get the question: “Shall a charter commission be elected to propose a Mendocino County Charter on the June 2016 ballot?”
Prior to the Charter Project, there was the Mendocino Public Banking Coalition, run by some of the same members as the Charter Project. Make no mistake, the only reason this group wanted to start a charter county was to form a public bank. In their own Power Point presentation, it states: “After 3 years of not being able to move forward with having the Board of Supervisors place a Charter on the ballot, the Mendocino County Public Banking Coalition decided to change our strategy”
In order to get the required signatures, promises were made like:
(x) A county bank has the potential to protect Mendocino County and its citizens from future recessions.
(x) Will save the county money, and increase the county’s financial independence.
(x) A public bank can provide no interest or low interest loans for infrastructure, and the interest will be recycled back into the county General Fund
The supporters are now singing a different tune. After they’ve realized county treasury funds can’t be used to fund a public bank, they’re wiping the promise slate clean and simply asking the voters to form the commission and they’ll work out the details later. But they’ve made one more promise. They promise that forming the Charter Commission will not cost the county anything, except the use of a room here and there to hold public meetings. This can’t be farther from the truth.
A recent analysis from the County of Mendocino’s Executive Office indicates otherwise. Quite simply, it will cost the taxpayers anywhere from $50,000 to $300,000 depending upon the needs from the commission. The Executive Office broke down the costs based on minimal, moderate or expanded needs from county staff and related expenses. Keep in mind, these costs are only to get the proposed Charter Commission to the point of bringing their language to the voters, once again. If the measure to form a Charter County fails, the county still has to pay those fees. And by “county,” I mean the Mendocino County citizens.
Vote NO on Measure W.
* * *
Link to the County's Fiscal Review of Measure W
CATCH OF THE DAY, May 18, 2016
Byrne, Guerra, Kendzior, Keyser
PATRICK BYRNE, Ukiah. Intimate touching against the will of the victim, probation revocation.
ADRIANA GUERRA, Ukiah. False personation of another, paraphernalia, probation revocation.
CAROLINE KENDZIOR, Antioch/Ukiah. Concealed firearm.
CHRISTOPHER KEYSER, Ukiah. Smoking-injecting device, controlled substance, probation revocation.
Pacheco, Perez, Powell, Ray
NICOLE PACHECO, San Jose/Ukiah. Drunk in public.
ARTHUR PEREZ, Orland/Ukiah. DUI.
WILLIAM POWELL II, Fort Bragg. Domestic battery.
DANNY RAY, Ukiah. Drunk in public, probation revocation. (Frequent flyer.)
Rea, Salas, Stevens
CRUZ REA, Bakersfield/Ukiah. Drunk in public, probation revocation. (Frequent flyer.)
REBECCA SALAS, Lakeport/Ukiah. Child endangerment, probation revocation.
JOHN STEVENS, Fort Bragg. DUI.
THE SANDERS CAMPAIGN had been hoping for a significant role at the Democratic convention, but [Debbie Wasserman Schultz, chair of the DNC] has picked 75 members of the convention’s key committees — rules, credentials and platform – and accepted only 3 of Bernie’s choices, failing to acknowledge the proportion of the vote Bernie has won in the primaries and caucuses. Negotiations with the DNC have failed to add any additional Bernie picks to any of the standing committees. Worse yet, she’s named as chairs Hillary backers known for their harsh criticism of Bernie (among them Barnie Frank, as co-chair of the influential Rules Committee)… How [can] Debbie Wasserman Schultz and the DNC be so obtuse?”
— Robert Reich
ON LINE COMMENT OF THE DAY
Borderline is the word. My late sister’s final psychiatric diagnosis was borderline personality disorder. She also suffered from a handful of other psychiatric problems, including alcoholism. She finally succumbed to alcohol related disease at the age of 50.
From the raging flip-outs over nothing and anything — perhaps a remark that you like spaghetti or an effort to help — to the wild spewing curses, the slovenly clothing, the attitude that she was always loving and eternally filled with pure wisdom but you, BTW, are a grade A [expletive deleted], I keep meeting people who remind me of my sister. It is very frightening. On the one hand, I work with SJW, so it’s tempting to say that this insanity is restricted to lefty types. But I used to work in an office filled with neocons, and I must say that except for the slovenly clothing, the underlying base of utter delusion and free-floating rage was the same.
It’s really scary to be the sane sister (and to be routinely blamed for it using the language of “privilege”). This weekend I’ve been sadly reflecting whether being the sane citizen is more or less scary than it was to be the sane sister. God knows the survival guilt is much the same.
ACTION ALERT: Garamendi and Feinstein Drought Bills Will Sacrifice Bay-Delta Fisheries
by Dan Bacher
Drought bills sponsored by Congressman John Garamendi and Senator Dianne Feinstein pose a dire threat to imperiled salmon, steelhead and other fish of the San Francisco-Bay Delta, according to the latest action alert from Restore the Delta (RTD).
"Since the beginning of the year, Restore the Delta has written about the problems with Senator Feinstein's water bill (SB 2533) which will increase pumping out of the San Francisco Bay-Delta estuary, for greater water exports to big industrial agricultural growers on the west side of the San Joaquin Valley,"the group said.
"While the Senator touts that her legislation will not weaken species protection, broad consensus from large environmental groups to fishing groups, from Delta water agencies to grassroots campaigns, like Restore the Delta -- all who have read the bill -- is that additional pumping will place Delta fisheries in peril," RTD stated.
"In February, after hearing that Congressman John Garamendi was supporting the legislation, Restore the Delta and a number of our colleagues reached out to Congressman Garamendi to express our concerns. Since then, we haven't heard a word back from him," the group said.
Yesterday, May 17, Garamendi introduced a companion bill in the House of Representatives that is identical to SB2533. His bill is HR 5247. You can read his press release here: http://restorethedelta.us3.list-manage.com/track/click?u=06887fa70084fef8e939fef63&id=cfe2fbc800&e=120d0c2b69
“This legislation will accomplish three vital tasks,” claimed Garamendi. “First, it will use the latest available science and real-time monitoring of endangered fish to assure their protection while maximizing water deliveries. The operational directives within the bill remain consistent with the Endangered Species Act and existing biological opinions. Second, it will provide short-term relief to the communities hit hardest by California’s ongoing drought. And third, it will fully fund the long-term infrastructure we need to maximize our efficiency and become more resilient to California’s drier climate.”
Restore the Delta disagreed that the legislation will "accomplish three vital tasks."
"We are deeply disappointed that Congressman Garamendi, a resident of the Delta, and longtime ally, would partner with Senator Feinstein to support legislation that is detrimental to water quality, the aquatic food web, and the fisheries that we are fighting so hard to save," RTD observed.
"It's time for Delta area supporters to tell Congressman Garamendi and Senator Feinstein that you oppose these bills as written because they are sacrificing Bay-Delta fisheries. It's time to tell them to STOP catering to Westlands Water District and other Big Ag interests that will not be satisfied until they can pump the Bay-Delta estuary dry. It's time to tell them remember where they come from and who they represented first. Do they really want the destruction of the Delta and the San Francisco Bay as part of their legacies as they near the finish of their political careers?" the group concluded.
Here are their phone numbers!
Congressman John Garamendi: (202) 225-1880
Senator Dianne Feinstein: (202) 224-3841
Do you have a Twitter account? Click here to send a direct message to Senator Feinstein and Congressman Garamendi on these bills: https://twitter.com/intent/tweet?text=%40RepGaramendi%20%40SenFeinstein%20I%20oppose%20your%20%23cadrought%20bills.%20Please%20don%27t%20sacrifice%20the%20%23SFBay%20%26%20Delta%20Estuary%20for%20%23BigAg%20interests%20%23cawater&source=clicktotweet&related=clicktotweet
Then today Restore the Delta’s executive director, Barbara Barrigan-Parrilla, made the following statement regarding the proposed drought legislation by Senator Dianne Feinstein and Congressman John Garamendi:
“Both Senator Feinstein and Congressman Garamendi are talking a great deal about a science based solution regarding Delta water exports to the growers of the San Joaquin Valley. Their proposed mirror bills, SB 2533 and HR 5247, unfortunately ignore the depth and breadth of scientific findings that constitute the biological opinions for management of San Francisco Bay-Delta fisheries.
“Fishery experts from a broad range of science based organizations warn that the provisions in Title 3 of the bill are likely to legislatively override existing Endangered Species Act biological opinions protecting salmon and other endangered species, despite “certain savings clauses” in the bill. Several provisions in this section of the legislation would authorize operations of the state and federal water export pumps in a manner that is inconsistent with protections for salmon runs and other endangered fish species.
“Congressman Garamendi has attempted to make the case to Restore the Delta that the science behind the biological opinions is dated. Sadly, he has forgotten that in recent years Senator Feinstein forced a federal review of fishery science to see if additional water could be pumped for agricultural water exporters in the San Joaquin Valley. That review reaffirmed the biological opinions and the need for flows through the Delta. Moreover, hearings in front of the State Water Resources Control Board in 2010 affirmed that the San Francisco Bay-Delta estuary needs more water flowing through it -- not less.
“Restore the Delta maintains that if Congressman Garamendi and Senator Feinstein believe that additional water can be extracted from the San Francisco Bay-Delta estuary to large industrial growers on the west side of the San Joaquin Valley at the expense of our collapsing fisheries, then they have forgotten that they also represent the millions of Californians who live in the Bay Area and Delta regions – whose environmental and economic well-being are tied to healthy Bay-Delta waterways.
“If Congressman Garamendi and Senator Feinstein care about the fate of the estuary, they should be urging the California State Water Resources Control Board and the Environmental Protection Agency to move forward now in an accelerated manner with the Water Quality Plan Update for the Delta, which is twenty years overdue. When that is completed, then we can talk about sustainable export levels based on the most current scientific findings.”
Remember, it you haven't already called in to Garamendi or Feinstein, please do it now!
RE: KZYX BOARD MEMBER RESPONDS
Benj Thomas wrote: Marco, you have demanded a response from each board member, and I can well believe that some will not reply. I might have been one of them, but have decided to say a few words, albeit ones that do not address the specifics of your argumentative and hostile letter.
Marco: So, Benj, like Meg, you don't intend to address specifics but only to express your beligerence at being told the truth from a point of view outside your bubble. That's typical.
BT: first, your description of events at the last meeting is significantly at odds with my perception.
Marco: Again, consider that things might look different to someone not in your power or in your clique or in your bubble.
BT: second, your allegations about station management bear little resemblance to what I have learned and observed.
Marco: Read what I wrote. It's all true.
BT: given what I've said above, I don't see any point in trying to reconcile what you assert with the realities as I understand them. It may be that some framework for rational discussion between you and members of the Board can be found. I think that will depend on how you address us in the future.
Marco: Ah, you feel disrespected. Okay, then-- try to think of this from my point of view. I've been ignored and dismissed and and ignored some more by you people since 1989. I offered my long-running show (KMFB, Feb. 1997 to Nov. 2011) as a complete mature package to KZYX four years ago and there's been negative action on that score, despite that it's a better show than most of what's running on KZYX, including the shows you pay thousands of (our) dollars for that come from a thousand miles away, and it's a worthwhile show because I put twenty-hours-plus of concentrated prep into each one. And I'm qualified to judge what's good publishing practice and what's good radio practice. From my point of view you people have been kicking me in the face every day for the past four years, and you have the God damn gall to lecture me on civility.
You do not own the frequencies your ossified corporation has been squatting on all this time. They are natural resources that belong to all of us, paying members or not, even those of us who see and say out loud how full of shit you are. You do not deserve the federal money that you fritter away with your consistently idiotic management model. When even a single person in the entitled politburo of MCBP corp. tells me, and makes me believe it, that he'll do everything in his power to schedule my excellent show on KZYX, and pushes through to actually get the job done, then I'll feel that I've been heard. And when my show is on KZYX, I will expect to be paid. There's no excuse for you to pay an office full of chair-fillers a quarter of a million dollars a year and pay the airpeople /nothing/.
I'll tell you what-- put me in contact with the new boardmember who was all about transparency (for about thirty seconds before yez frown-smiled him into silence) at the last board meeting. I'd like to have a conversation with him-- you know, give him some information that he's not likely to get from any of you.
SOOEY SOO SUE
Subject: Notice of Intent to Sue
TO: Attorney General's Office
California Department of Justice May 18, 2016
P.O. Box 944255
Sacramento, CA 94244-2550
Re: Notice of Intent to Sue Nonprofit Membership Corporation (Corp Code Section 5520 et seq.)
Corporation: Mendocino County Public Broadcasting (aka KZYX FM)
This Notice of Intent to Sue is being sent to your office in compliance with the California Corporations Code Section 5617.
Mendocino County Public Broadcasting, operator of radio station KZYX FM, has recently violated the Corporations Code by "electing" a Director by a vote of only the radio station's programmers, rather than by a vote of the Members.
"Welcome our new board members, Jonathan Middlebrook (1st District); John Azzaro (At-Large); and Stuart Cambell (Programmer-Elect)." - Current posting on kzyx.org website.
The putative "Programmer-Director" was seated last month. This is an illegal deprivation of Members' rights. The issue is explained in the following recent correspondence between myself and the President of the Board.
* * *
Subject: Response to Programmer Elected Issue To: "Dennis OBrien" <email@example.com> Cc: "KZYX Board" <firstname.lastname@example.org> Date: Monday, May 16, 2016, 6:41 PM
Dear Dennis, After a considerable amount of time searching through past records, the present Board believes that the 1990 Board did not violate the Corporations Code when it created the first Programmer-elected Board seats. We invite you to specify what provision of the Corporations Code you think was violated by the earlier Board. We believe that citing the entire Corporations Code for “authority” on this issue is insufficiently specific.
Sincerely, Meg Courtney
Meg Courtney Board President KZYX & Z Mendocino County Public Broadcasting
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Re: Response to Programmer Elected Issue Date: May 17 at 2:26 PM To: Meg Courtney CC: KZYX Board email@example.com
Thank you for your response of May 16, copied below. You invited me to provide specific citations to the Corporations Code to support my challenge to the recent selection of a Programmer-Director without a vote of the Members. Here is a full analysis:
Issue: Did the Board of Directors violate the Corporations Code in 1990 when it first created the Programmer-elected Board seats?
Rule: The following sections of the California Corporations Code apply:
- (a) Except as provided in subdivision (c), and Sections 5151, 5220, 5224, 5512, 5613, and 5616, bylaws may be adopted, amended or repealed by the board unless the action would materially and adversely affect the rights of members as to voting or transfer.
- (a) Except as provided in this section or Section 5813.5, amendments may be adopted if approved by the board and approved by the members (Section 5034) and approved by such other person or persons, if any, as required by the articles. The approval by the members or other person or persons may be before or after the approval by the board. (b) Notwithstanding subdivision (a), the following amendments may be adopted by approval of the board alone: (1) An amendment extending the corporate existence or making the corporate existence perpetual, if the corporation was organized prior to August 14, 1929. (2) An amendment deleting the initial street address and initial mailing address of the corporation, the names and addresses of the first directors, or the name and address of the initial agent. (3) Any amendment, at a time the corporation has no members; provided, however, that if the articles require approval by any person for an amendment, that an amendment may not be adopted without such approval. (4) An amendment adopted pursuant to Section 9913.
None of the exceptions mentioned in Section 5150 or 5812 apply. They can be found at the following link:
Analysis: In 1990 the Board of Directors changed the bylaws concerning the election of Directors. Instead of the Members electing all of the Directors, only the Programmers would select one of the Directors. In doing so, the Board "materially and adversely affect[ed] the rights of members as to voting." This is specifically prohibited by Section 5150. Nor did the Board adopt any of the "amendments [that] may be adopted by approval of the board alone," as authorized by Section 5812. In short, the Board did not have the authority to amend the Bylaws to create the Programmer-Director position, and was specifically prohibited from doing so.
Conclusion: The recent "election" of the Programmer-Director by only the Programmers is void. The person who was so selected is not a Director. He cannot help constitute a quorum, nor can he vote on any matter before the Board. He cannot chair any committees or exercise any other powers of a Director. The existing Board must acknowledge its error and rescind the Bylaws amendment of 1990 and any related amendments passed since then. A new director must be elected by all the Members, now scheduled for early 2017. Until then, the seat is vacant.
Please confirm as soon as possible that the Board of Directors has agreed to take the above actions. If it does not do so voluntarily, I will file a timely Petition for Writ of Mandate in Superior Court to enforce the rights of the Members.
Dennis O'Brien, Ukiah
I have not found any record of MCPB sending your office a notice of any changes to our Bylaws, as is also required by the Code. If the Board of Directors does not comply with the law, I expect to file the action in Mendocino County Superior Court on or shortly after June 8, 2016. Please inform me if you intend to join in the lawsuit or want any further notifications. Thank you very much for your attention to the issue of good governance in California's membership nonprofit corporations.
Member, Mendocino County Public Broadcasting
Patches is a young, high energy dog who needs an active family willing to commit to daily exercise and adventure. He's playful, and loves tennis balls. Patches is blind in one eye but this has no effect on his personality or abilities, and he is not slowed down at all. After a fun day, Patches wants to hang out near his peeps, preferably on the couch. This special guy will be a wonderful addition to his home. Patches is a mixed breed dog, 52 pounds and two years old. Come and meet him at the Ukiah Shelter, 298 Plant Road. And check out all of the cats and dogs currently staying at the shelter on our website:
To the Editor,
I've long predicted that the voting strategy employed by most Americans of my generation, which has been to vote for the lesser evil, could only end in one place. Well, we've arrived at that end now; an election in which neither evil can be rationally identified as "lesser."
But at least Bernie's campaign managed to push Clinton to the left, right? Except if you consider that campaign rhetoric is not the same as political agenda, and that there is little evidence that Clinton has ever felt particularly obliged or inclined to honor her rhetoric. But the enormous support given to Sanders by Democratic voters, while not enough to secure him the nomination, will force the party to adjust their platform to accommodate the economic reforms that *every reputable poll* has indicated are favored by a substantial majority of American voters, right? Sure thing.
Joe Trippi is a heavy-hitting political operative from deep within the Dem machine. Let's tap into his insight on the question. "It is clear that he (Sanders) hopes to have an impact on the platform. My own belief is that this is not really that big a problem," Trippi said. "I don't think there is any reason he won't get a lot of what he wants, given the reality of the impact of the party platform. It's a document that gets locked in a vault, basically." He went on to add that any real connection between the party platform built at the convention and actual policy pursued "hasn't really been a thing since the eighties."
Let's face facts. Our government and the two increasingly collusive parties that have dominated it exist solely to benefit a club to which we are not and never will be members. This government rarely needs resort either to addressing discontent or to suppressing dissent. It has become quite adept, rather, at managing both, while keeping them safely contained within the bounds of political irrelevance. The effectiveness of this management strategy has been largely due to their success, abetted by the honed perspective fed us daily by a corporate media heavily invested in maintaining the status quo, in perpetuating the myth that our electoral choices, in real practical terms, are limited to selecting from the candidates presented by either the Republican or Democrat parties, and no others. The fact that this two party system, which has been so poorly serving the needs of most Americans, was evolved by the ruling class to serve its own ends and enjoys no constitutional or legislative mandate seems never to surface to confuse us come election time. Instead, a shrinking minority marches dutifully to the polls every other November to select the candidates whose party frightens them the least, while a growing majority sit at home feeling too disenfranchised from the process to even bother.
Maybe we should judge the strength and integrity of our democracy not on the frequency of its elections, but on the likelihood that their results will have any sway over the policies of our governance. As long as the leaders from both major parties draw their direction on economic matters from the financial criminals running Goldman Sachs, and formulate their foreign policy decisions based on the model handed down by war criminal Henry Kissinger, it seems doubtful that the choices we've been making are choices at all. My friend, Geno, likes to remind me that, "Yeah, but on average, we still enjoy a standard of living much better than that found in sub-Saharan West Africa, and at least the police aren't shooting at us (well, not most of us.)" Okay, I'll concede that much. But that somehow falls short of my highest aspirations, as a citizen, for the state of our nation. I prefer to believe that, used wisely, we have the economic and civic resources available to do a little better than that. If we're going to continue to pretend that we live under a functioning democracy, let's at least be consistent in our delusion and cast our votes in November for some party in authentic opposition to continuing the policies that have failed the majority of Americans. This election cycle of 2016 seems almost made to order to test the reach of our democracy by seeing what happens when we allow our dissent and discontent to become a bit less manageable. This has to begin in withholding our votes from the deeply entrenched major parties in order to start to pry loose their previously uncontested stranglehold on our political process.
Personally, I'll probably go with the Green Party across the board, mostly because they represent the policy objectives that most closely resemble my own political views, and are already well known and organized. But there are a number of other minor parties that will appear on ballots, as well as the write-in option. Voting our fears once again will only play into the hands of those who will continue to manipulate us for their own profits.
Coal Creek Canyon, Colorado
JUNE EVENTS AT HILL HOUSE
Gypsy Swing Band on Saturday June 11, 2016
Come on out for some dancing fun when Hill House presents multi-talented musicians playing with reverence for the Gypsy Jazz tradition a la Django Reinhardt. Corwin Zekley, violin, will be joined by David Brown and Danny Barca on guitar with Keith Abrams on bass.
Doors open at 6PM with a full bar and bistro menu, music at 7:30PM. $10 at the door. 707-937-0554 for more info.
Hill House Inn presents Hit and Run Theater in June
Hill House Inn will feature an Improv Comedy Weekend with Hit and Run Theater & Friends. Be ready for fun, games and skits based on ideas from the audience when the gang plays on Friday and Saturday, June 17 & 18. Each show is unique, so plan on coming both nights. The shows will start at 7:30PM.
Hit and Run Theater first came together in the late 1970s, with Kathy O’Grady one of its charter members. Nicole Paravicini returns to Hit and Run after setting the stage afire in her March debut. Christine Samas brings her wonderful smiling presence and lovely voice back to Hit and Run after missing March’s show. Long-time Hit and Runner Steve Weingarten has performed with Hit and Run since 1982. Young Dan Sullivan returns to Hit and Run once again from his comedy-writing and directing gig on the web’s “Fandom Workshop”. Voiceover artist Ken Krauss has been with Hit and Run since 2009 and Doug Nunn coaches the Mendocino High School Improv Club and migrates in the summer to Germany to work with theatre groups. The lovely Laura Derry of Bay Area Theatresports will provide the musical accompaniment for both evenings’ shows.
All Ages Welcome! Doors open at 6:00 PM for casual and full bar, Theater opens at 6:30PM. Come early for best seating. General admission is $15 at the door. For more information about the shows call Pattie at 937-1732
Hill House Inn presents The Go To Guys on July 1
The Go To Guys Rhythm and Blues, Funk, and Rock n Roll played with authenticity, displaying the versatility of these veteran players, with a mature approach to music. Jamie Gilliam on guitar - he was playing his dad's guitar at age 5; Billy Schieve - started at 7 playing accordion, then on to piano, organ, guitar, bass and drums; Richie Rosenbaum, drummer - started in New York City playing classical and jazz, adding proficiency in many styles including rock, pop, Funk and Latin. Lonny Nason will be sitting in on bass.
Doors open at 6PM for casual dining and full bar. Music starts at 7:30 PM. $10 at the door. 707-937-0554 for more information.
The Soul Survivors Dance Party on July 2
The Soul Survivors bring their high energy dance music to the Hill House. Music at 7:30 PM, with a mix of R&B and Soul that is sure to get you moving. Come on out to a fun and funky tour of Motown with keyboards and vocals from Billy Schieve, Jamie Gilliam on guitar and vocals, vocalist Sharon Garner, Lonny Nason on bass and Richie Rosenbaum on drums.
Doors open at 6PM for casual dining with full bar. Music starts at 7:30PM. $12 at the door. 937-1732 for more information and table reservations.
THE MORRIS FAMILY