Mendocino County Today: Sunday, May 18, 2014

• Bust Money
• American Fiction
• Mexican Mafia
• Roundup Roundup
• Democrats Recommend
• Online Heroin
• Frisco Parking
• DJ Advice
• Assessing Assessors
• Sartorial Notes
• $15 Minimum
• Stehr Crazy
• Supes on Water
• Police Calls

THE ANNOTATED GLENDA. Glenda Anderson is the Press Democrat's “Mendocino County Bureau.” Friday morning's PD featured a textbook journalism school piece by Glenda called, “Mendocino County's payment program for marijuana defendants under investigation.”

(A JOURNALISM SCHOOL STORY is a machine-like recitation of skewed facts relayed in robotic prose. Toss in a few quotes from both sides, even when there's only one side. “On the one hand, Mussolini was a murderous thug; on the other he was a great promoter of the arts.” That's called objectivity. The Press Democrat lives by it.)

DA EYSTER'S sensible, tax-saving policy of trading pot busts for cash fines is only controversial because a few whining pot growers and cops think the DA is “shaking down” crooks by fining them rather than running them through the tax-gobbling court and jail system. Every time a pot crook gets arrested, he or she screams, “You fools! Can't you see I'm growing medicine here? I'm helping sick people!”

SO GLENDA'S STORY, complete with a big color photo of Eyster looking as serious as Sunday school, rehashes a story that is now very old in Mendocino County, citing attorney Don Lipmanson, a thrice convicted drug crook self-reinvented as an officer of the court; Pebbles Trippett, the Grandma Moses of marijuana and oft-jailed martyr to the magic weed; Judge of the Superior Court Clay Brennan, a guy who lights up at Westside Ukiah's tonier (sic) social events, but has no problem locking people up for drug offenses.

GLENDA tells us that the jive US Attorney's office out of San Francisco, the urban equivalent of the Mendocino County Counsel's Office, via a federal grand jury, has Eyster and Mendocino County under investigation. Excuse me, but isn't this so-called investigation about four years old now? No wonder the US Attorney doesn't answer the phone to talk about how it's going. If they had anything they'd call a Shrimp Boy-style press conference to brag about how they're going to bring down official Mendoland. (Shrimp Boy will walk, too. Watch.)

WE ALSO get a quote from attorney Tom Johnson who hasn't been in a courtroom in 30 years. Natch, Glenda doesn't ask Johnson why he didn't run against Eyster for DA if he's so upset about Eyster's pot prosecution policies.

AND OUR GIRL inevitably works in the usual swipe at Supervisor John Pinches', a long-time legalization advocate, who local cops have tried to nail for years, as has the IRS. The cops claim, especially former Sheriff Tuso, that Pinches grows weed at his Eel River Canyon ranch. They haven't been able to nail Pinches so they've gone after his daughter, Angela.

THE NON-STORY re the federal investigation of Eyster and the Sheriff does include a pertinent quote from supervisor John McCowen that reflects official Mendocino County's opinion: “I think the way the district attorney has utilized the 11470 program is brilliant.” Which it is. It's also legal. End of story.

THE SHERIFF'S OFFICE has raked in a cool $3.3 mil through the 11470 program. Sheriff Allman says the money has been used for emergency dispatch equipment, overtime and remodeling the Willits sheriff's substation. The Ukiah PD has received $261,960; Willits $88,275; Fort Bragg $31,500; Fish & Wildlife $1,400; Coyote Valley rez police $750; the County's Planning and Building Dept $4,000

NOWHERE in the story is a named mention of an impoverished and/or persecuted pot grower who, as critics of the program allege, could not afford to pay his way out of a prosecution. And there's no mention by the policy's critics of the rest of the story — a felony prosecution if you're caught a second time.

ONE WEALTHY, CONNECTED guy has bought his way out of a felony prosecution — Stornetta of Point Arena. But then there's the case of Mr. Graves of Laytonville who, like Stornetta, is represented by ace criminal defense attorney, Keith Faulder. Graves and Faulder took his case to a jury and walked out of court a free man. That case cost the county a lot of money and the county lost it. Wouldn't it have been better to have fined the guy?

THE BULK OF PUBLISHED AMERICAN FICTION consists of cookie-cutter, middle-class “problem novels” by tenured academics and their MFA spawn, Dickensian verisimilitude courtesy of Wikipedia (cf Rachel Kushner, Jonathan Safran Foer et al). — Gary Indiana

ON-LINE COMMENT regarding the two dead men discovered on Woodman near Laytonville last week. “I know Laytonville. I know that neighborhood. I know the towns these guys were from. (Avenal) I googled them. They are Mexicans. I know Big Daddy's Gardening Supplies is Mexican-owned. I meant nothing racist but C'mon! Are we going to continue to avoid the elephant in the room? Do you know anything about the Mexican mafia and large numbers of Mexicans growing huge scenes near Laytonville, Willits and Ukiah? They were around before Prop 215 but now are quite big. I'm actually pretty aware of what has been happening so no, I'm not ignorant. You don't like what I said because….well, there's some truth to it. Sorry. Why don't you go for a nice hike up Cahto Peak and then come tell me I'm wrong?”

I TOLD YOU SO, GODDAMMIT

Rick Weddle Writes:

Aloha, again.

Check the 'net for the linkages between glyphosate ('Roundup') and Parkinson's, cancer, autism, kidney disease, obesity, and more. Offspring of Monsanto, the 'success' of this killer has insured it will be used a lot more in the near future. Monsanto's genetically engineered food cultivars are created to withstand this catastrophic chemical, which runs on through the foodchain (US!). There was pioneering resistance to Roundup by Betty Lou Whaley, of S. Caspar, CA., in the late 70s, early 80s (?), which, with other activists' efforts, resulted in the state of CA banning the sale of this herbicide in that state (for a while). However, it was still NOT illegal to USE it, so the flower farmers directly uphill from the Whaleys' place would then drive to Oregon to buy their Roundup and bring it back home to save their posies from weeds, and from the necessity of having to hire underpaid workers to do the weeding. Betty Lou finally packed it in and tossed her massive file. Haven't been in touch, lately, so don't know if they've remained, moved or what. I had occasion to walk across those flower fields after they'd been sprayed and plowed and before planting. A disconcerting experience — one's feet would sink in, up almost to the knees as if plunged into talcum powder — the soil seeming totally inert, absent of fiber, worms, or anything remotely lifelike. I've personally been more than wary of this miracle substance since.

Jes' sayin'…

MIDDLE OF THE ROAD EXTREMISTS RECOMMEND

Writing on the Coast Listserve Fort Bragg City Councilperson and KYZX Board member Meg Courtney writes: “Voting recommendations (from Steve Antler and Meg Courtney) — “These are Steve Antler's suggestions. I would not vote this way for Accessor [sic] but agree with the rest. As I told you I've met Jim Wood maybe 4 times that he has been in Fort Bragg. Mike McGuire I've met once, and they are both good guys. Betty Yee I met the other evening at a Democrat deal and she is smart and Progressive with a capital P. Huffman is doing a great job, and he is another one who has been totally available. — Meg”

Coast Lawyer/Democrat Steve Antler: “Dear friends, Fill out your ballots and mail them in NOW! One reason the country is such a mess is that the Republicans (who deny climate change, voted down the raise in the minimum wage and have stalled every useful program) know how to agitate their base and get them to vote. Progressive thinking people need to vote if we are ever going to move this country ahead. — Steve Antler

Here are my suggestions:

State Senate: Mike McGuire

State Assembly: Jim Wood

State Superintendent of schools: Tom Torlakson-

County School superintendent: Paul Joens-Poulton

Assessor-County Clerk: Robin Sunbeam

Supervisor: Dan Hamburg

Obviously: Jerry Brown-governor

Gavin Newsom--Lt. Governor

?? Alex Padilla- Secretary of State ??

Betty Yee--Controller

John Chang--Treasurer

Kamala Harris--atty general

David Jones--Insurance Commissioner

Fiona Ma-Board of Equalization

Congress: Jared Huffman

Yes on propositions 41 & 42”

ON SOCIAL MEDIA legions of isolated individuals, with the brainless malice of a concierge, spread “the real dirt” on artists, writers, actors, musicians, athletes and others in the public eye. A tsunami of ugly feelings surges across the global clothesline at the mere mention of “Woody Allen” or “Roman Polanski” in the press… Social media can launch a witch hunt or pogrom just as readily as a “progressive” uprising, and in either instance directs the madness of crowds to unexamined targets of outrage; the technology itself is probably as addictive as heroin, since it acts directly on the neural synapses, and its instantaneous transmission eliminates any space for reflection or analysis between emotional impulse and action. — Gary Indiana

(MAY 8, Mendocino County Today) — FRUSTRATED FRISCO DRIVERS fed up having to circle endlessly around trying find a parking space can now use a new app that allows them to buy a spot from someone who is already parked in one. The app, called “Monkey Parking,” connects drivers looking for empty spaces with someone who is also on the app who is willing to give up their prized spot, but for a fee of anywhere between $5 and $20. San Francisco has a severe parking crunch with roughly 500,000 parking spots and 750,000 residents. And that doesn't even include the tens of thousands of drivers who come into city daily.”

PETER LIT on the AVA hotline May 17, 2014: “Reading that item about the monkey parking app last week reminded me of the time when I was living in Haight-Ashbury in the mid 60s near Kezar Stadium. On game days we would park all our cars in the parking lot taking up as much room as possible, then we would offer to sell our spaces to ticketholders. In the course of one game we could earn enough to pay our month's rent.”

VERILY, VERILY

Letter to the Editor

As a record spinner at KZYX, I've wondered why Sakowicz and DeVall don't just come in, do their shows and go home, without complexities of ever-increasing magnitude.

Gordy Black, Mendocino

ED NOTE: We prefer you as “Gordon,” Gordy. Arm's length. Nothing personal, but if we don't maintain professional distance you might be walking through our door wanting to swap huggy bears.

INCONSTANCY

Editor,

“Inconsistency, the hobgoblin of little minds.” No one will call you consistent. After years of endorsing Ms. Wharff as Assessor-Clerk-Recorder, we finally get an efficient, competent, amazingly elected official who has positively transformed a County bureaucracy from a nightmare of unthinking bureaucracy into a helpful, friendly, informative branch of government, and you say, “Dump her,” in favor of someone unknown, running on the platform of “just because you didn’t pay your mortgage, you shouldn’t be elected.” I am not a Repuglican, competent elected officials should be kept in office as long as they are willing to put up with us.

VOTE FOR RANOCHAK.

Peter Lit, Elk

PS. Now you know why I type most letters.

THE PRICE OF FAME

Dear Editor,

Aah, the sensation of attention from the AVA, to which I had lately grown unaccustomed… The Valley People column of the May 7 issue seems to be quoting from an informant whose last outrageous printed material devoted to me earned her a notch in “truly loony” status and resulted in an unusual, though quite appropriate printed apology from Bruce Anderson. Her subject this time was my attire, as well as that of Supervisor Hamburg. So erroneous was the account given by this “fashion correspondent” that I feel practically beseeched to write in and expound on the subject of clothes, a topic dear to my heart.

Dan and I were indeed in Boonville Sunday morning (5/4/14) heading to Elk's annual Pepper Martin community softball game. Dan was to umpire, so he wore black Carhartt jeans with a black belt, black sneakers and a white Pepper Martin t-shirt with blue sleeves from a previous year’s game. No hat, nothing at all resembling a “funny event hat that looked like he was an adult at a child’s birthday party,” which the informer said she saw, but didn’t see, since she couldn’t bear to look at him.

I myself wore a fairly long, full, gathered-at-the-waist white cotton blouse with big patch pockets and a front that buttons to the neck. I left the top two buttons undone. (I did have on a bra, if truth be told, though an onlooker would have been hard-pressed to be sure since it was inside my shirt, as always.) I also wore a sheath-style skirt (that is, smooth, not ruffled or gathered as the person alleged) with a floral pattern, above the knee. Topping this was a dress length black coat, and tall white socks (not “‘tards”) and no slip and bra on the outside of normal clothes, as was claimed.

The boots were perhaps the only item that the writer's possibly afflicted eyes were able to accurately see (or her mind able to remember). They are a Twisted X western boot with square toe and brown lower section, and a turquoise shaft with copper stitching. Only a few years old, they are indeed quite new, as the “correspondent” revealed to her publisher friends. Twisted X boots are made in Oklahoma City and are renowned for comfort and sturdy construction, which is why I love them. I began to wear western boots during my 22 years in Houston, Texas, where I earned degrees from Rice University and taught art history. The thing about western boots is that they’re great for people with flat feet. At least for me, they are about the most comfortable footwear out there and I own quite a number of beautiful pairs.

Regarding the informer’s further expounding upon my person, I am not exactly a “proud-to-be-from-San Antonio chick” as she claimed, having grown up in Wisconsin and spent my senior year as an AFS exchange student in Belgium, prior to the Texas stint. I do wear cowboy boots almost all the time, more for comfort than as an identity statement, since I am proud of all aspects of my background, including the bayou culture centered on Rice, downtown Houston, the Medical Center, as well as Galveston and the Gulf Coast. It was at a Houston second-hand store that I happened upon my first pair of tall socks, realizing immediately that a sock above the knee suggested stockings in a rather more chaste way and were very flattering to all leg shapes, especially long and slim. This sock type and the boots really are my trademark and can be spotted even by those with poor vision or an inability to perceive what it is their eyes are seeing.

However, it seems from the informer's account of “boy toys” who are made to wear weird clothes, that oddly — since she is from Point Arena — she has me confused with another coast person, of whom she has an equally incorrect and possibly envious opinion. As for myself, I do not consort with “boy toys,” and instead am drawn to intelligence, wit, accomplishment and compassion. Anyone who has ever seen Dan knows that he dresses elegantly and with understatement. In my opinion, he looks fabulous and is in no need of any fashion coercion. It's funny that the AVA gossiper couldn't be bothered to snap a picture of us to accompany her clothing assessment. Perhaps she doesn't know how to use a smart phone.

Well, enough already about me. Back to anonymity!

Lauren Sinnott, Point Arena

RAISE IT NOW!

Dear Editor:

The global protest last week in many US cities and 30 countries targeting at least 17 fast food chains by employees was joined by labor and union activists. The demands of these workers who are paid poverty level wages are simple. They want a living wage of $15 per hour and the right for union representation. These protests are happening at the same time the Seattle City Council is considering increasing its minimum wage to $15 a hour. Mayor Murray put together a proposal from an agreement of representatives from labor and business groups. Unfortunately it has more holes than a slab of swiss cheese. Overall it is a phased in plan that extends up to 7 years for some employers and would include health benefits and tips in the $15 minimum. It probably will not even keep up with inflation.

At the same time the Mayor has been cobbling together his inadequate plan, a newly elected city council member has been calling for a $15 minimum now without a lot of attached strings.

She is Kshama Sawant, a college economics lecturer, who is a member of the Socialist Alternative party. It is a socialist political party founded in 1986 with the slogan of Struggle, Solidarity, Socialism. She and her supporters have set up a “15 Now” coalition with 11 “action groups” to educate voters on the issue. Also, she is in the process of gathering 30,000 signatures for a charter amendment on the ballot. It would create an immediate wage hike to $15 for large businesses and a three-year phase in for those with fewer than 250 full-time employees.

For full time workers the $15 will take them above the federal poverty level for a family of four but still represents a modest level of income. For those who work less than full time such as at fast food chains the raise to $15 will still not raise them above the federal poverty level.

In peace,

Jim Updegraff, Sacramento

GET BHAKTA ON THE BUS!

Editor,

Please accept my sincere apology for having sent to you many email messages, in which I failed to convey clearly what I need to say to you. I am sorry for my not having been more straightforward. I ask you to read this message, and then give me your cooperation, to be in Washington D.C. on a long term basis to perform spiritual direct action, in opposition to the current insane materialistic civilization, and in support of a brand new civilization based on the Immortal Atman (spiritual reality). Having well-served the housing rights organizer Jamie "Bork" Loughner for the past five months in New Orleans, as her in-house medical assistant, I wish to leave New Orleans and go to the Washington D.C. area on a long term basis. I am asking for your cooperation, because I need an indoor place to go to and be at; PLEASE SHARE THIS MESSAGE WITH YOUR LISTSERVE. I believe that materialism is insane! I believe that war for the purpose of economic stimulation is insane! I know that a spiritually focused mind is sane, and I am in favor of individuals spiritually focusing their minds, and acting from there. If you agree with my conclusions, I ask you to telephone me at (504) 302-9951, and email me at CraigStehr@pamho.net. I WANT TO LEAVE NEW ORLEANS AS SOON AS POSSIBLE...I WANT YOUR COOPERATION AS SOON AS POSSIBLE...I WANT TO BE IN WASHINGTON D.C. AS SOON AS POSSIBLE TO PERFORM SPIRITUAL DIRECT ACTION. I AM SORRY THAT I FAILED TO COMMUNICATE THIS TO YOU DURING THE PREVIOUS FIVE MONTHS. OM SHANTHI

IS LACK OF FROST PROTECTION WATER FOR GRAPES AN EMERGENCY?

by Mark Scaramella

To grape growers it certainly is. To the local politicians dependent on grape dollars and grape votes, it certainly is. But to everyone else, it’s either ho hum or outright concern that grape growers will get the last drop and the fish will be over.

Mendocino has now officially entered The Grape Era. Before that it was The Timber Era. The transition is almost total. In the last half of the 20th Century, timber dominated Mendo’s economy and politics. When the dominant timber companies finished their cut-and-run of the most marketable of Mendo’s second growth trees in the 1990s, they sold most of their overlogged properties to a wealthy San Francisco family, the Fishers of The Gap fame, who could afford to sit on the land for many years as the trees grew back. Several other large tracts were sold to non-profits or put into conservation easements. And logging, once fraught with bitter contention, dropped off Mendo’s radar screen.

Over the succeeding years, grapes have steadily replaced logging as the dominant political and economic force in Mendocino County. But the contentiousness has declined because Grape People with their nice cars, leisure attitude, and their “we’re just farmers” pose are more palatable to Mendo’s remaining “activist” elements. Wine People are nicer than “rednecks.” In fact, they're just like us “activists.” The rednecks don't even drink wine! And they're meanie faces. In other words, it's a class issue, really.

It has become increasingly clear that no one in local authority is going to raise questions about bad grape growing practices, much less do anything about them. Mendo’s capitulation to Big Grape is even more obvious when compared to our neighboring grape-dominated counties like Lake, Napa and Sonoma, all of which have at least a few grape regulations in place. Mendo has none, zero, nada. Not one even mild grape regulation. No wonder Michelle Salgues, former boss at French-owned Roederer, once told us, “Why are we here? Because we can do things here that we can’t do in France!”

Marijuana certainly qualifies as a dominant economic force in Mendocino County, but pot remains outside the mainstream, politically.

You need examples of Big Wine’s dominance?

Grading ordinance? Off the table. Water use regulation? Paperwork only. Pesticide regulation? Minimal, reporting only. Labor practices? Off the table. Noise nuisance reduction? Not a peep out of Official Mendo, including 5th District Supervisor Dan Hamburg whose district is directly affected. Better management of the Russian River’s remaining water? The Grape People sued and stopped it. Minor Use Permits for tasting rooms? “You’ll ruin the economy!” followed by the Planning Director claiming, “We lost your paperwork.”

Grape People dominate all the local water agencies, they have their own Supervisor in the person of Potter Valley Farm Bureau rep turned Supervisor Carre Brown — and the other four Supervisors dare not utter a word of criticism or complaint about the Wine Industry for fear that they will lose lots of votes or jeopardize the County’s wine-dependent revenues.

Recent case in point: An April decision by the National Marine Fisheries Service that lack of frost protection water for grapes is not an emergency.

Mendo’s Grape People were horrified. How dare an obscure federal bureaucracy get in their way?! Of course, it’s an emergency! It's bad for us!

For some perspective, imagine that you’re a local grower of tomatoes or apples. The frost hits. You lose part of your crop. You prune, some of it grows back, you do what you can with the damaged fruit, you file for crop insurance if you have it, you accept that it’s part of farming, you move on — perhaps with lower revenues, but you move on to the next crop, the next year.

But grapes? Oh no! Possible frost damage? EMERGENCY! MY GRAPES ARE FREEZING! CALL 911! BRING IN THE SPRAYERS! OH NO! NO SPRAY WATER? BRING IN THE HIGH-DECIBEL FANS! WE CAN’T LOSE A SINGLE GRAPE!

Ok, it wasn’t put quite like that. It was phrased more calmly — the Grape People are usually pretty nice. (Like my father once said about a rich man he once worked for: “He was the nicest guy you’d ever want to meet — as long as you weren’t talking about HIS money.”

But the fans disturbed some 2,000 Boonville people for 12 mornings, and exactly one grower — Bill Charles — apologized. People who admire farmers with old time regard for their neighbors are encouraged to buy Charles' Foursight pinot. Very good stuff.)

The Board discussed the feds’ no-emergency decision at their May 6th meeting, specifically a letter drafted by Supervisor Brown complaining that NMFS was way, wayyyyyyyyyy outtaline.

(The AVA is split on this one: The Editor agrees with Brown, at least in that the water should have been released to build up Lake Mendo with a view to supplying the everyday people of Redwood Valley. Me? No. Not in this context anyway.)

“Part of the diverted water [from the Eel River through Potter Valley and into Lake Mendocino] is used by the agricultural community of Potter Valley,” said Ms. Brown’s letter, carefully avoiding the word “grapes.”

“The rest is then stored in Lake Mendocino. Water stored in Lake Mendocino is used by Redwood Valley and the cities of Calpella, Ukiah, Hopland, Cloverdale, Geyserville and Healdsburg. [And some is sold by Sonoma County to Marin County at a large markup.] The water released from Lake Mendocino also supports a thriving agricultural economy along the Russian River corridor,” continued Ms. Brown, again carefully avoiding the word “grapes” which they know might not resonate too much with Mendo’s large non-grape-connected populace.

“The request by the Redwood Valley County Water District for water under the E5 emergency provision of the Potter Valley Project license was for 800 acre feet of water,” continued Ms. Brown’s draft. “That amount of water would have been diverted and stored in Lake Mendocino for use by Redwood Valley. At a diversion rate of 250 cubic feet per second, which is the maximum capacity of PG&E's diversion tunnel, it would have taken approximately 38 hours to fulfill the request from the Redwood Valley County Water District (RVCWD). At the time the water transfer request would have been granted all of the required minimum flows, under the NMFS [rules] for the Eel River would have been exceeded by many hundreds of cubic feet per second.

“During two conference calls early in April (4/8/14 and 4/9/14), initiated by RVCWD and facilitated by PG&E, many of the stakeholders that had intervened in the proceedings for the Potter Valley Project license over the past 25 years agreed on one thing. That one thing was that it was in concept allowable for PG&E to divert 800 acre-feet of water for Redwood Valley's agricultural community. These stakeholders included California Department of Fish and Wildlife, Friends of the Eel River, NMFS (NOAA), Potter Valley Irrigation District and others. PG&E contacted FERC regarding the proposal and FERC requested that the interveners acknowledge in writing that they supported the proposal.”

These are very interesting technical details, details that could only come from the grape-dominated water agencies along the Russian River corridor with whom Ms. Brown is closely associated.

Notice also that Ms. Brown carefully inserted the words “in concept” to her portrayal of the positions of the other “stakeholders.” We agree “in concept” too. Of course water should be reasonably managed, especially when there’s a drought. But that’s not what was proposed for Redwood Valley. They made a much more specific request.

“Written agreements were subsequently received from Friends of the Eel River, California Department of Fish and Wildlife, CalTrout and the Potter Valley Irrigation District. The Round Valley Tribes did not protest the proposal. On April 14, 2014 Mr. Dick Butler from the Santa Rosa, California, office of NOAA [the agency under which NMFS operates] emailed a statement to PG&E, and to all of the participants in the earlier conference calls, denying the requested proposal due to the fact that he believed ‘the current situation does not qualify as an emergency.’ He went on to describe the definition of ‘emergency’ as including ‘fire, flood, earthquake…as well as…riot, accident or sabotage.’ He continued saying that the emergency would have to cause ‘damage to, life, health, property or essential public services.’ Mr. Butler went on to describe the current drought emergency situation as a ‘predictable local event…’

”We are very concerned that a Federal employee could make a determination that, first, drought is a ‘predictable local event’ and, second, that the loss of a farmer's crop is not considered to be ‘damage to property’.”

But drought is indeed a “predictable local event.” We’ve seen it coming for months. And again, Ms. Brown guiltily avoids the word “grapes,” preferring to call it “a farmer’s crop.”

“This year, facing the worst drought since records have been kept, the impact of the flawed [rules] for the Potter Valley project is greatly amplified. Beside the fact that the [rules are] flawed, we are at a loss to understand how in one breath a NMFS official could agree to a minor diversion of water for a community facing severe economic losses and then turn around and deny that relief because he doesn't believe the loss of a farmer's crop constitutes an emergency.

“We would like you to review the circumstances surrounding the proposed minor water diversion from the Potter Valley Project and provide us with an explanation of how the final decision to deny water to Redwood Valley was made.”

* * *

David Keller with Friends of the Eel River was the first to comment on May 6: “Thank you for having this meeting this morning to discuss this letter. I was a participant in both phone calls with both PG&E and other stakeholders including Redwood Valley. There are several aspects of this decision that I hope that you could be clear about. First of all, PG&E made it very clear, and this refers to the second paragraph on page 2 about the diversion rate of 250 cubic feet per second, and how quickly the request could have been fulfilled. PG&E project management made it very clear that there was a declining hydrograph, there was a rapid reduction of flows occurring during this period — the first and second week of April. Given their desire to top off Lake Pillsbury as quickly as possible so that the availability of 250 cubic feet per second was not in fact accurate. It was declining rapidly on the 8th. It could have been 250 cubic feet per second, but it was declining at 40 cubic feet per second per day at that point and this is the PG&E project manager. So in reality it could not have been filled in 30-some-odd hours. There was also a question discussed during the call about ramping rates for the flows below Cape Horn so as not to strand chinook salmon in the main channel which is where they are spawning and rearing this year given the low flows; they are not using the tributaries very much. The concern of the resource agencies was that the ramp down was going to be at a maximum of 40 cubic feet per second per day below Cape Horn. So again it could not occur, this transfer could not occur as rapidly as is stated in his letter. We support the decision of the National Marine Fisheries Service on the discussion about the emergency. That was a question raised in the phone call. Mr. Butler made it very clear he was going to consult with senior staff and with their attorneys and this is apparently the result. So conceptually we agree that under the circumstances we could work with the transfer. We would have preferred that it would have been happening after April 15 with warm water flows which would have been a higher release which is happening right now. But that was not the option that was presented by Redwood Valley. The storage was indicated not to be for frost reasons. That would have been filled during the winter season. And finally, according to the email that you have, there is another unanswered question that was raised during the phone call and confirmed by the State Water Board which is that there is no legal path established by Redwood Valley to have the water transferred by PG&E to its own intakes. None of those questions that were raised by the State Board about how the legal process would happen to bypass upstream water users, water rights holders, would would occur to be able to satisfy a withdrawal for Redwood Valley. Those questions were posed by PG&E by the State Board and they have not been answered and as you can see by the email they are fairly substantial questions and I think certainly stakeholders in Potter Valley and in the Russian River Flood Control District, Sonoma County Water Agency — all of whom have senior water rights, as well as any riparian rights holders would have to be addressed before this water could bypass their ability to take water. And again those questions need to be answered. I think the letter here is a little bit over the top in terms of blaming Mr. Butler. He was very clear in the phone call that he needed to consult with counsel and with senior staff. So during the phone call. The concepts were there, the execution needs to be worked out.”

Does that sound like an unreasonable grape hater to you? It certainly did to Ms. Brown who curtly asked, “I'm sorry, I missed your introduction. Do you want to restate your name, who you are representing and what is your place of residence, please.”

“Sure. David Keller, Friends of the Eel River. I'm the Bay Area Director. I reside in Petaluma.”

Ms. Brown’s little trap was now set.

Guinness McFadden, Potter Valley grape grower, Potter Valley Irrigation District Board member, couldn’t let Keller’s remarks go unquestioned: “As usual Friends of the Eel River are a little bit loose on truth and facts. In fact, from 31 March to 9 April, the period we're talking about the possible diversion of water into Redwood Valley, the dam gates were open. Mr. Keller implied that PG&E wasn't sure that they would be able to divert the 250 feet per cubic second because they wanted to fill Lake Pillsbury. They had to open the dam gates after having closed them because of the late storms. So that means that on 1 April there were 1551 cubic feet per second down from Cape Horn Dam. There were 1922 on the second and 1620 cubic feet per second on the third, and it goes on until there were 431 cubic feet per second on the ninth. During that time the flow through the Potter Valley powerhouse was 13 cfs, 32 cfs, 45cfs. So it would have been eminently possible to divert the 250 and still have plenty of water for downstream use by fish. This is not an issue where lawyers should really get involved so much as it’s neighbors trying to help neighbors. Lawyering up and talking about water rights and that sort of thing is fine under normal circumstances but this was an emergency. I think the people in Redwood Valley, not only the agricultural community, but there are 5,000 people there whose lives will be miserable this summer because they don't have this water. It could have been easily sent to them without harming any of the fish or any of the other water users. This is an example for long-term consideration. Those two like to be operated as one. The way it is now with the Corps of Engineers mandate for flood control and not much attention paid to water storage and on the other hand Lake Pillsbury being operated for hydroelectric and irrigation with oversight on the fish in the Eel River — they are at different purposes and they often act harmfully to one another. I think that's an issue that should be addressed as we go along with this.”

Supervisor McCowen: “I was initially encouraged when I heard that Friends of the Eel River and the Round Valley tribes were not objecting to the proposed emergency diversion. Unfortunately, certainly for Friends of the Eel River, that didn't hold true. I agree with the public comments to the effect that the diversion could have easily been accomplished without any harm to fisheries interests or other interests in the Eel River drainage and I won't belabor the problems with the target storage curve which any reasonable person recognizes is a faulty regulatory mechanism. Again, there was some slight hope that this might be an opening to have people start to come together to agree on what is a reasonable way to manage this valuable resource for the benefit of all. That said, Mr. Chair, I move approval of the recommended action, part one which is to direct staff to transmit a letter to a NOAA fisheries regarding its denial of a request to transfer emergency water and sale to Redwood Valley County Water District through the Potter Valley Project and authorize the Supervisor Brown to revise the letter in light of public comment today for the signature of the chair.”

McCowen’s certainly right about the “faulty regulatory mechanism” governing Lake Mendocino water releases. But the invocation of “togetherness” is along the lines of that old Sam Goldwyn remark: “Consensus is when everyone agrees with me.”

Supervisor Dan Gjerde: “Do you want to keep the phrase where it says it could have been filled in 38 hours or do you want to extend that time period? I'm not sure if that's still the thought.”

McCowen: “The intent of the motion is for Supervisor Brown to consider all the public comment and revise the letter as she feels appropriate for the approval of the chair.”

Gjerde: “It sounds like the comments we heard from the public was that it would have been filled within 38 hours, but Friends of the Eel River said it would have been filled — they just didn't say it could be filled in 38 hours. So…”

Pinches: “In the summary sheet that's sort of the direction to include that. Or do you want to take this issue up?”

McCowen: “Supervisor Brown do you want to move forward on both actions?”

Brown: “Yes, and may I have the explanation to number two. May I add one?”

Pinches: “He [McCowen] needs to make that part of his motion.”

McCowen: “I'm willing to make it part of the motion if you approve.”

Brown: “I do.”

Pinches: “In other words we are approving the total recommended action?”

Brown: “Yes.”

Pinches: “That's what Supervisor McCowen…”

Supervisor Dan Hamburg: “My comments or questions are basically along the lines that Supervisor Gjerde just brought up. I think there is some difference in emphasis, some different ways to state it. If it had been written with collaboration of Friends of the Eel — but I don't want to throw out the baby with the bathwater here. I think there was some accommodation between the two groups. Not only two groups but five or six groups that were involved in these conference calls. I hope that Janet [Pauli, Potter Valley Grape Grower, Farm Bureau ally of Supervisor Brown] and Supervisor Brown can really make this letter as cooperative as possible because we're kind of in this together. I don't think Friends of the Eel is going away. I don't think the needs of our water purveyors and our water users are going away. So we need to figure out how to march together whenever that's possible. And I know it's not always possible. But we have seen that with this Eel River Recovery project. We have seen more cooperation than I think people used to think was possible between groups that really do have some disparate interests. So let's not try to pick fights over things that we can agree on. I hope the final letter that Supervisor Brown approves will, and I'm confident that it will, take into account as much of the common interests of these groups as possible. I did find Mr. Keller's comments to be interesting and I think there should be some recognition of those comments even though I agree with the basic thrust of the letter and worked with Supervisor Brown and Janet on preparing the letter. Or at least editing the letter and approving the letter. I want to see this go forward but I want to see a little acrimony as possible.”

What “acrimony” is Hamburg talking about? Certainly, Mr. Keller’s remarks were far from acrimonious.

Supervisor Brown then sprung her not-so-clever, not to say acrimonious, home-town trap.

Brown: “I think Mr. Keller's a bit of a Lone Ranger here today. And the reason I wanted to cite his residence as being in the County of Sonoma, I think some of his remarks are more personal and a personal position rather than that of Friends of the Eel River. But certainly we will take his comments into consideration as you have requested.”

Hamburg, doing his best to avoid any hint of “acrimony” replied, “That could well be true.”

Board Chair John Pinches broadened the discussion well outside the scope of Ms. Brown’s acrimony, er, letter: “Whenever you talk about the Eel River now — a lot of people think that flows going through the tunnel hurts the Eel River — what really is hurting the Eel River now is because the Eel River is nothing more than a partnership with all the tributaries all the way from Scott Dam clear to the ocean. What's happening in the Eel River now is, if these entities are so worried about keeping the flows for fisheries in the Eel then how are they so disinterested in all the diversions of our major tributaries that make up the Eel River. All the way down. The tributaries in my district and as far into the county and on even into the section in Trinity County and then on into Humboldt County. In the middle of the summer these tributaries that contribute to the makeup of the Eel River are dry. They are not slowed up — they are dry! It's all diverted. They can’t divert more because they are diverting it all! The Eel River is still running a little bit in places in the late fall. But the tributaries, I'm talking about major tributaries that when I was a kid were fish streams. They had trout in them. You could go trout fishing in any of them. They are dry! We hear a lot of talk about the illegal diversions. We are doing this, we're doing that. In my experience and what I've seen, there hasn't been anything done. And why that isn't the focus at least in part of this discussion -- we talk about an Eel River Recovery project? The way it's going there ain’t gonna be no water in the Eel River. Might as well talk about Sand Protection or something. Because there's no more water left. The tributaries of the Eel are down to nothing, and I mean nothing. And if you don't believe me come with me for a day and I will show you.”

Brown: “And there's no snow pack.”

Pinches: “And that's the reality. But until somebody gets on the ball and does something, and everybody knows this is basically because of the marijuana industry and things are booming out there and you can see the water tanks going by the truckloads north and it all takes that tributary water to fill up the water tanks and the building of dams and reservoirs in these hills is just amazing how much is going on and that all takes water from the tributaries that feed the Eel River. But there is no emphasis — it's kind of like, yeah, let's fight over the water that's going through the tunnel and let's not worry about what's happening in 90% of the rest of the Eel River watershed. It's crazy to me! I don't understand it. And that's all I'm going to say on that. For now. It's a real tragedy that is happening. People better get on the ball about what's going on.”

Brown: “The real issue here is that NOAA made a determination that there was not an emergency in Redwood Valley. And following up the information with these recommendations I basically put an action plan which should include potential regulatory agency involvement and lay out a plan for the future that each agency would pre-approve to take advantage of excess water when possible from one reservoir to the other during an emergency as we face today. These are the things. They determined it was not an emergency for Redwood Valley which is very wrong.”

Sounds ok on its face — except for the phrase “excess water.” Guess who gets to determine what is “excess”?

That’s right: The Grape People who run the inland water districts. Certainly not some Lone-Ranger Petaluma-based water pest who cares more about fish than grapes.

Supervisor Brown’s letter was approved unanimously.

POLICE CALLS AS OF SUNDAY MORNING

RECKLESS EVADING, CHILD ABUSE -- Brett C. Hoaglen, 29, of Covelo, was arrested at 4:30 p.m. April 30 on suspicion of driving recklessly while evading a peace officer, child abuse, possessing methamphetamine and possessing drug paraphernalia, and booked at the county jail. The MCSO arrested him.

MARIJUANA SALES, DRUG MANUFACTURE -- Alan W. Knuth, 32, of Fort Bragg, was arrested at 11:30 a.m. May 1 on suspicion of possessing marijuana for sale, cultivating marijuana and manufacturing a controlled substance by chemical extraction, and booked at the county jail under $50,000 bail. The Mendocino Major Crimes Task Force arrested him.

MARIJUANA SALES, DRUG MANUFACTURE -- Chad P. Goodin, 29, of Ukiah, was arrested at 11:45 a.m. May 1 on suspicion of possessing marijuana for sale, cultivating marijuana, manufacturing a controlled substance by chemical extraction and being armed with a gun, and booked at the county jail under $75,000 bail. The MMCTF arrested him.

MARIJUANA SALES, NUNCHUCKS -- Michael E. Lovell, 21, of Willits, was arrested at 2:30 p.m. May 1 on suspicion of possessing marijuana for sale, cultivating marijuana and possessing nunchucks, and booked at the county jail under $25,000 bail. The MMCTF arrested him.

MARIJUANA SALES, TRANSPORT -- Brent T. Bernachhi, 20, of McKinleyville, was arrested at 12:11 a.m. May 2 on suspicion of possessing marijuana for sale, transporting marijuana for sale and conspiracy, and booked at the county jail. The Willits Police Department arrested him.

MARIJUANA SALES -- Jesus J. Jimenez Mendoza, 51, of Boonville, was arrested at 1:31 p.m. May 2 on suspicion of possessing marijuana for sale and cultivating marijuana, and booked at the county jail under $85,000 bail. The MCSO arrested him.

DUI -- Patrick M. Dennis, 48, of Covelo, was arrested at 5:42 p.m. May 2 on suspicion of driving under the influence and driving with a blood-alcohol level greater than the legal limit, and booked at the county jail under $30,000 bail. The WPD arrested him.

MARIJUANA SALES, TRANSPORT -- Erik G. Saltosantos, 19, of Arcata, was arrested at 9:56 p.m. May 2 on suspicion of possessing marijuana for sale, transporting marijuana for sale and conspiracy, and booked at the county jail. The WPD arrested him.

ASSAULT WITH A DEADLY WEAPON -- Christian A. Bennett, 22, of Ukiah, was arrested at 2:58 p.m. May 3 on suspicion of assault with a deadly weapon and trespassing, and booked at the county jail under $5,000 bail. The MCSO arrested him.

DUI -- Alvin J. Knight, 22, of Willits, was arrested at 3:33 p.m. May 3 on suspicion of driving under the influence and driving with a blood-alcohol level greater than the legal limit, and booked at the county jail. The California Highway Patrol arrested him.

DOMESTIC VIOLENCE -- Jorge A. Sanchez, 24, of Fort Bragg, was arrested at 6:25 p.m. May 3 on suspicion of domestic assault, driving with a suspended license and violating his parole terms, and booked at the county jail under $30,000 bail. The Fort Bragg Police Department arrested him.

DUI -- Christopher T. Lynch, 29, of Oakland, was arrested at 6:50 p.m. May 3 on suspicion of driving under the influence and driving with a blood-alcohol level greater than the legal limit, and booked at the county jail. The state Department of Parks and Recreation arrested him.

DOMESTIC VIOLENCE -- George Castaneda, 45, of Fort Hood, Texas, was arrested at 7:15 p.m. May 3 on suspicion of domestic assault and booked at the county jail under $25,000 bail. The MCSO arrested him.

DUI -- Jose M. Felix, 18, of Ukiah, was arrested at 7:31 p.m. May 3 on suspicion of driving under the influence and driving with a blood-alcohol level greater than the legal limit, and booked at the county jail. The CHP arrested him.

DUI CAUSING INJURY -- Olivia M. Reboca, 29, of Hopland, was arrested at 7:45 p.m. May 3 on suspicion of driving under the influence of alcohol and drugs causing injury, driving with a blood-alcohol level greater than the legal limit, driving with a license suspended for DUI and violating her probation, and booked at the county jail. The CHP arrested her.

DUI -- Zachary M. Comegys, 39, of Fort Bragg, was arrested at 11:50 p.m. May 3 on suspicion of driving under the influence and resisting a peace officer, and booked at the county jail under $10,000 bail. The state Department of Parks and Recreation arrested him.

DUI -- Kyle J. McCartney, 27, of Willits, was arrested at 1:28 a.m. May 4 on suspicion of driving under the influence, driving with a blood-alcohol level greater than the legal limit and violating his probation terms, and booked at the county jail. The WPD arrested him.

DUI -- Javier Montano Figueroa, 46, of Boonville, was arrested at 1:50 a.m. May 4 on suspicion of driving under the influence, driving with a blood-alcohol level greater than the legal limit and driving without a license, and booked at the county jail under $7,500 bail. The CHP arrested him.

DUI -- Jose A. Garcia, 27, of Ukiah, was arrested at 2:40 a.m. May 4 on suspicion of driving under the influence and driving with a blood-alcohol level greater than the legal limit, and booked at the county jail. The CHP arrested him.

MARIJUANA SALES -- Carlos A. Cobos, 25, of La Habra, was arrested at 8:46 a.m. May 4 on suspicion of possessing marijuana for sale and transporting marijuana for sale, and booked at the county jail under $30,000 bail. The CHP arrested him.

The following were compiled from reports prepared by the Ukiah Police Department. To anonymously report crime information, call 463-6205.

DUI ARREST -- An officer stopped a vehicle in the 1100 block of Airport Park Boulevard at 1:25 a.m. Thursday and arrested Raymond A. Curtis, 43, of Seattle, on suspicion of driving under the influence and with a license that had been suspended for DUI. He was booked into Mendocino County Jail.

HOUSE DOOR OPEN -- Caller on Pomolita Way reported at 6:49 a.m. Thursday that the door on a house down the street was open. An officer responded and contacted the resident, who said the door was open because "it was nice outside."

INJURED SQUIRREL -- Caller in the 400 block of South Dora Street reported at 7:23 a.m. Thursday finding an injured squirrel. An officer responded and took it to the county shelter.

BEER STOLEN FROM DELIVERYMAN -- Caller at Walmart on Airport Park Boulevard reported at 7:35 a.m. Thursday that he was delivering beer and a transient stole an 18-pack of beer from the ground near his truck. An officer responded and the caller reported that he got his beer back and did not want to prosecute.

DEER STUCK IN FENCE -- An officer responded to the 600 block of North Bush Street for a report of a deer stuck in a wooden fence and released the animal.

MAN DEMANDED A BOTTLE OPENER -- Caller in the 200 block of Clara Avenue reported at 12:51 p.m. Thursday that an intoxicated man banged on her door, demanding a bottle opener. She was advised to call back if she has further problems.

WOMAN PASSED OUT AT FRONT DOOR -- Resident in the 700 block of Waugh Lane reported at 5:26 p.m. Thursday that her neighbors were calling to tell her that a woman was passed out at her front door. An officer responded and arrested a 42-year-old woman for being drunk in public.