Press "Enter" to skip to content

Mendocino County Today: Thursday, Aug 27, 2015

* * *


by Malcolm Macdonald

The Mendocino Coast District Hospital (MCDH) has reached agreement with its employees union. The union ratified the contract proposal, with approximately 85% of its voting members in favor. The contract thus agreed upon is a one year extension of the existing contract.

The idea to continue under the old contract for one more year came from the union. The bigger story lies in what the hospital administration had previously offered the employees union. According to a source familiar with the situation, initially MCDH offered a proposed contract that would have “trashed” the health insurance benefits of the employees, greatly increasing what employees would have to pay out of pocket for less coverage in order to maintain any health benefits whatsoever.

The union flatly refused that offer. Next, MCDH apparently attempted a divide and conquer strategy by offering the hospital's nurses, lab technicians, and X-ray techs a 10% raise. The flip side of that offer: every MCDH employee below the nurse and tech salary level would end up paying for their own insurance.

As an old teacher used to say, "there you have it," a hospital administration attempting to cut the health benefits of hospital employees, including caregivers. More math: the same hospital board of directors just hired (Spring 2015) a new CEO, Bob Edwards, for $320,000 annually plus a plum benefits package. The previous CEO, who was at times also performing the job of chief financial officer, received approximately $215,000 in annual salary. In addition, the hospital has just hired a new full time chief financial officer (CFO), Wade Sturgeon. What his salary will be is not known at this time.

The best guess is that the contract proposals to the employees union came directly from Mr. Edwards, considering that at least one member of MCDH's Board of Directors was not fully aware of the negotiation tactics as of the third week in August. Generally, a board of directors would not take any direct role in negotiations. However, it is the MCDH Board of Directors who are ultimately in charge, so these contract proffers to the employee union cannot be completely shunted aside as the responsibility of someone else.

At MCDH's August 25th Finance Committee meeting interim CFO Steve Miller detailed July, 2015 figures that showed the hospital with a net revenue loss of $36,872 for the month, a loss that was also $108,000 more than the projected budget. However, Miller spoke in optimistic terms about MCDH's long term potential to avoid a reversion to bankruptcy.

Speaking of that nasty term, bankruptcy. Everyone present at the August 25th Finance Committee meeting received a handout specifying MCDH's year by year schedule of payments through 2024. All of these numbers are subject to bankruptcy court approval, but here are the total annual payment obligations of MCDH.

2016: $1,370,473;

2017: $1,638,595;

2018: $1,547,177;

2019: $1,635,794;

2020: $1,420,742;

2021: $1,118,864;

2022: $1,113,921;

2023: $861,216;

2024: $857,654.

That adds up to $11,564,434. Readers should keep in mind that by law MCDH will be required to have a new hospital building in place by 2030.

Three members of MCDH's Board of Directors were newly elected last fall. Two of them, Drs. William Rohr and Peter Glusker are on the finance committee. Both seem intent on digging deep into the dollars that make up the MCDH budget as well as finding sensible ways to make prudent decisions on which departments need cuts and which need investment. However, these tough fiscal decisions will have to be made with two holdover board members still in the voting picture.

The two holdovers are Board Chair Sean Hogan and Tom Birdsell. These two require mention at this point in regard to the Brown Act. The Brown Act (1953) guarantees the public the right to attend civic meetings. Within the Brown Act are rules of law regarding the members of elected bodies such as the Mendocino Coast District Hospital's Board of Directors. One of those Brown Act provisions states: "The attendance of a majority of the members of a legislative body at an open and noticed meeting of a standing committee of that body, provided that the members of the legislative body who are not members of the standing committee attend only as observers." Thus, every member of an elected board, like MCDH's Board of Directors, could attend a committee meeting as long as they don't participate in that committee meeting.

The MCDH Board of Directors is made up of five members. The MCDH Finance Committee has two members of that Board on it. Dr. Rohr chairs the Finance Committee. At the August 25th Finance Committee, MCDH Board Chair Sean Hogan (a retired attorney) sat in the audience, but he did not remain a silent observer for long. He actively sought the attention of the committee, then proceeeded to give his opinion on agendized matters. If memory serves correct, Tom Birdsell was present at the May Finance Committee and also particpated in discussion with the committee during its meeting.

The MCDH Board of Directors appears to have grown accustomed to doing things without public scrutiny. The holdover members need to clean up their act in respect to not only dollars, but also common sense.

* * *

TRUE SOCIAL WORK: James Marmon writes:

I was pleased to see that the first five commission made reference to Baby Emerald in their report. After the baby was murdered the mother became homeless so I let her move into an RV on my property until I could rent her a place of her own. After I got her into her place, I then hooked her up with Robert Powell an attorney from Santa Clara who handled her case which led to the County eventually paying out $100,000.00. Mama has a new baby named Dean and she sends me pictures of him almost every day. Lake County CPS has been working with her since Dean’s birth, he about 6 months old now. She is doing a great job. I am concerned about her now because she recently moved back to Mendocino County. I hope they don’t retaliate. I attended every day of Mr. Tubb’s trial. Family and Children’s Services really messed up.

PS. I have to give credit where credit is deserved. If the AVA hadn’t posted some of my rants, baby Emerald’s mother would have never been able to find me, and I wouldn’t been able to have helped her. I routinely get calls from families in distress wanting my advice.

* * *


Jury: Fort Bragg man killed baby


A Mendocino County jury found Wilson L. "Josh" Tubbs III, 38, of Fort Bragg, guilty Monday of child abuse resulting in death. This followed a two-week long Mendocino County Superior Court trial in Ukiah. Tubbs killed 5-month-old Emerald Herriot, who was pronounced dead Dec. 4, 2012 after being rushed to the Oakland Children's Hospital.

Tubbs was the baby's foster father.

Baby Emerald suffered major injuries to her face and head. Tubbs claimed her injuries stemmed from a fall from a low bench but medical experts testified that a single fall from that height would not have caused 49-plus bruises on the baby's face and head, along with two skull fractures, severe subdural hematoma (blood accumulated between the brain and skull), retinal hemorrhages and other injuries that indicated violent abuse.

Tubbs faces 25 years to life in prison at his Dec. 13 sentencing before Judge John Behnke. Prosecutor Paul Sequeira said Monday he thought the jury - which was out less than 4 hours - was particularly convinced by the "overwhelming medical evidence."

A pediatrician specializing in child abuse injuries, a forensic pathologist and a neurology specialist testified about the significance and extent of baby Emerald's injuries during the trial.

"We were also able to narrow down the time frame (of the injuries)," Sequeira said. "There was only one person who could have done it."

Sequeira said he gives the jury credit for hanging in through a difficult case. "The jury did a good job of working their way through and listening to the evidence," he said, noting the particularly unpleasant autopsy photos of the baby they had to look at.

District Attorney David Eyster's office will be urging a life sentence for Tubbs at his sentencing.

Tubbs was defended by county Public Defender Linda Thompson.

* * *

AVA, June 2013: The family of five month old infant Emerald Herriot has taken the first formal steps in their wrongful death lawsuit against the County of Mendocino by filing a claim against the County. County employees named in the claim are: Chuck Dunbar, Teresa Baumeister, John Melnicoe, Sue Norcross and Rita Hurley of the Mendocino County Department of Social Services.

BACKGROUND: Wilson ‘Josh’ Tubbs is currently facing charges of child abuse causing death for allegedly beating the five month old infant girl who was placed in his care by Mendocino County, even though he had at least one drug-related arrest. Tubbs is accused of causing 49 or more bruises, two skull fractures, multiple hemorraghes and severe inter-cranial bleeding after baby Emerald was taken from her mother by Mendocino County Child Welfare Services staff back on June 28 of last year. The family alleges that Mendocino County was negligent in placing the baby in a home which included a known drug abuser. The wrongful death suit that will follow the criminal case will take some time to reach court, probably after the Tubbs trial is over.

* * *


To the Fort Bragg Planning Commission

We are urging the Planning Commission to deny a permit for Overtime Brewery, to be located at 190 E. Elm St., Fort Bragg. While the residents and established businesses are under Stage One emergency water restrictions, no business, such as a brewery, requiring high volume water use should be permitted within city limits. Until the planned reservoir is constructed and shown to have sufficient supply for town residents, such projects must be postponed.

We also want to ask the city government whether it is wise to become a town know for breweries. The implications must be thoroughly examined, as such a direction could limit other kinds of development for the future of the town.

Perhaps Overtime Brewery could establish a retail outlet, with food and entertainment at this location, while finding appropriate property outside the city with and independent water supply for the actual brewing process.

We also question the city's policy of forbidding legal medical cannabis dispensaries within the city limits while encouraging the sale and production of alcoholic beverages, with many wine and beer festivals annually. With another brewery slated by the city council for the mill site, we are left wondering about this current mayor's vision for the city.

Thank you for your time.

Alice & Douglas Chouteau

Fort Bragg

* * *


A reader writes: Heart rending? (Writers name is interesting: Isaac Asimov?)

* * *

CATCH OF THE DAY, August 26, 2015

Bolton, Castro-Castellno, Clark
Bolton, Castro-Castellno, Clark

JOHN BOLTON, Willits. Drunk in public, probation revocation. (Frequent flyer.)

MARTIN CASTRO-CASTELLANOS, Hopland. Under influence of, possession of controlled substance.

JOSEPH CLARK, Willits. Probation revocation.

Hanover, Hiatt, Honzik
Hanover, Hiatt, Honzik

GORDON HANOVER, Ukiah. Court order violation, probtion revocation.

TIMOTHY HIATT, Willits. Failure to appear, probation revocation.

GERARD HONZIK, Whitethorn. Assault with deadly weapon not a gun, battery, vandalism.

Juarez, Kelsey, King
Juarez, Kelsey, King

JOEL JUAREZ, Fort Bragg. Possession of hashish-marijuana, under influence of controlled substance, failure to appear, probation revocation.

ARION KELSEY, Fort Bragg. Probation revocation. (Frequent flyer.)

WILLIAM KING, Fort Bragg. Drunk in public. (Frequent flyer.)

Leffler, Little, Lopez
Leffler, Little, Lopez

SEAN LEFFLER, Burbank/Ukiah. Stolen vehicle.

JOSEPH LITTLE, Fort Bragg. Assault, battery, vandalism, negligent discharge of firearm.

ARTURO LOPEZ, Hopland. Domestic assault, probation revocation.

Maravilla, McNeill, Neeley
Maravilla, McNeill, Neeley

ROSALINDA MARAVILLA, Albany, Oregon/Ukiah. Unspecified misdemeanor.

ANTHONY MCNEILL, Talmage. Battery, under influence of controlled substance, probation revocation.

SHERRI NEELEY, Ukiah. Unauthorized entry into dwelling, vandalism, probation revocation. (Frequent flyer.)

D.Scott, M.Scott, Steele
D.Scott, M.Scott, Steele

DUSTIN SCOTT, Willits. Pot cultivation, processing, possession for sale.

MEGAN SCOTT, Willits. Pot cultivation, processing, possession for sale.

EDWARD STEELE JR., Ukiah. Stolen vehicle, possession of controlled substance and paraphernalia, suspended license, resisting, probation revocation.  (Frequent flyer.)

Strange, Travis, Woolworth-Johnson
Strange, Travis, Woolworth-Johnson

STANLEY STRANGE III, Leggett. Reckless driving, suspended license.

KENDALL TRAVIS, Ukiah. Unauthorized entry into dwelling, vandalism.

DYLAN WOOLWORTH-JOHNSON, Point Arena. Probation revocation.

* * *


ON TUESDAY, August 25, 2015 at approximately 6:18 PM, Deputies from the Mendocino County Sheriff's Office were dispatched to a residence in the 1100 block of Gopherville Road in Whitethorn, California. Upon arrival a 52-year-old female victim told them that a nearby neighbor, Gerard Majella Honzik, 46, of Whitethorn, had contacted her earlier in the day while she was in her yard. Without warning Honzik struck the female victim several times in the head and upper body with a folding chair, causing bruising and swelling to portions of her head. Honzik also vandalized the female victim's pickup truck, shattering the windshield and destroying a mirror. The incident occurred at approximately 8:00 AM. The victim had already been treated for her injuries by the time Deputies arrived on scene. A male victim at the same residence had been badly beaten by Honzik and another male during the same day. The second victim declined to seek prosecution and was unwilling to cooperate with the investigation. Deputies responded to Honzik’s residence and took him into custody without incident. Honzik was arrested for assault with a deadly weapon not a gun, vandalism and for an outstanding Mendocino County misdemeanor warrant for an assault charge. Honzik was booked into the Mendocino County Jail to be held in lieu of $30,000.00 bail.

* * *



Richard Super is wanted on a no bail warrant for violating his parole.
 Height: 5' 6"
 Age: 42. 
Hair: Black
. Eyes: Brown
. Weight: 190 lbs. 
If you have any information regarding his location, please call MCSO Dispatch at (707) 463-4086.

* * *


Peppers are turning….


  • Heirloom, Early Girl, Paste and Cherry Tomatoes
  • Corno di Toro, Gypsy & Bell Mild/Sweet Peppers
  • Padron, Jalapeno, Anaheim, Poblano Peppers
  • Nadia, Rosa Bianca & Asian Eggplant
  • Zucchini & Patty Pan Squash
  • Ambrosia Melons, Cucumbers
  • Basil, Chard, Kale, Purslane
  • Sunflowers & Zinnias

Blue Meadow Farm, 3301 Holmes Ranch Rd, Philo 707-895-2071

* * *

Mendocino Headlands (Photo by Susie de Castro)
Mendocino Headlands (Photo by Susie de Castro)

* * *


by Cornel West

Why I Endorse Brother Bernie and Reject Brother Trump.

The American Empire is in decline. Our market-driven culture is in decay. The criminal justice system has failed us. And the political system is collapsing due to the weight of corrupt lobbyists and greedy capitalists. Only organized power of courageous and compassionate people can turn around these catastrophic realities. Social movements in the streets and jails over against the Establishment in both decrepit political parties are fundamental. And prophetic politicians -- always with their faults and blind spots -- who tell the truth about Wall Street, white supremacy, empire, patriarchy and homophobia, deserve our critical support. Yet even more important is the issue of integrity.

Brother Bernie and Brother Trump are authentic human beings in stark contrast to their donor-driven opponents. Yet only Bernie has authenticity and integrity, whereas Trump is for real but not for right. Trump's attacks on precious Mexican brothers and sisters are unconscionable -- even as his blessed mother was born in Scotland and grandfather (Mr. Drumpf) was born in Germany. His kind of nativistic hostility could have excluded them. And Trump's unpatriotic complicity with the plutocratic corruption of our political system for over 30 years calls into question his integrity, including his commitment to "make America great again."

My endorsement of Brother Bernie in the primaries is not an affirmation of the neo-liberal Democratic Party or a downplaying of the immorality of the ugly Israeli occupation of Palestinians. I do so because he is a long-distance runner with integrity in the struggle for justice for over 50 years. Now is the time for his prophetic voice to be heard across our crisis-ridden country, even as we push him with integrity toward a more comprehensive vision of freedom for all.

* * *


* * *


The times, “they’re a changin'”.

Trump is moving in space created by the Republican’s 40 year firm belief that anything goes. He is unleashing a steady kick ass attack on everything that is not Trump.

It is all very funny and scary too.

The GOP is acting like the parents you see out in public with the out of control kids. They’re like, “Why is my kid acting like that?”

Why? Because you (GOP) encouraged that behavior.

Trump is actually doing a public service by making it very clear what he & the GOP stand for. He’s hardened his base of support, but amongst voters he’s also hardened his opposition.

Meanwhile, almost on cue, Hillary’s campaign is collapsing around her in almost comic fashion. It’s amazing. She’s running the exact same campaign she ran against Obama. It’s 2007 all over again.

Hillary doesn’t have game. A politician with game can change the conversation and get people to follow. She hasn’t shown any ability to do that.

She gone.

On top of all of this, again, on cue, the markets around the world are collapsing. The talking heads on CNBC are just jabbering on and on, trying to soothe the public without conveying one ounce of truth or facts about why this is happening.

Debt, debt, debt, lies, lies, over expansion, low/stagnant wages, inequality, lies, lies, bets on lies (hedge funds), deregulation, deregulation, lies, fakes.

You can only keep a lie going until reality steps in.

* * *


by Fred Gardner

In a case called US v. Schweider, attorney Zenia Gilg, whose client had been growing marijuana for a California collective, filed a motion challenging the plant’s Schedule 1 designation under the federal Controlled Substances Act as a dangerous drug with no medical use. At an evidentiary hearing in Sacramento last October, the government’s expert witness was Bertha Madras, a professor of Psychobiology in the Psychiatry department at Harvard Medical School. Madras cited the fact that many adolescents are in treatment for a “marijuana use disorder” as proof that there is such a disorder. To quote her declaration:

“Marijuana is the most widely used illicit substance in the United States, and more Americans (4.3 million) harbor a medical (DSM-IV) diagnosis of marijuana abuse/addiction than any other illicit drug. Many more youth are DSM-IV positive for a marijuana use disorder than for an alcohol use disorder, as a percentage of those in treatment. Treatment admissions for youth aged 15 to 17 most frequently reported marijuana (71.9 %) or alcohol (17.7%) as their primary substance of abuse...

“Marijuana treatment may require billions of dollars in treatment needs nationally. [Sic the garbled sentence. The prospect of billions apparently got Madras overexcited.] Although treatment admissions for alcoholism and cocaine addiction declined between 1992 and 2007, marijuana use disorder admissions climbed significantly during the same period.”

The DSM that Madras cites is the Diagnostic and Statistical Manual of Mental Disorders, published by the American Psychiatric Association. The DSM is often called “The Bible” of the profession. It assigns a definition and a number to every ailment of the mind and spirit for which psychotherapists provide treatment, MDs prescribe medication, and insurance companies reimburse. The double purpose of the DSM is to endow the field of Psychiatry with a facade of rigor while facilitating billing.

The first DSM, published in 1952, listed 106 disorders. By increasing the number of disorders and the broadness of the definitions over the years, the DSM authors —establishment psychiatrists with drug-company funding— have increased the number of Americans who qualify for prescription drugs (and, fortuitously, for medical marijuana).

The revised third edition. published in 1987, listed 292 conditions. The DSM-IV made more inclusive the definition for Clinical Depression, just as Eli Lilly and Pfizer were preparing Prozac and Zoloft for the market. DSM-IV also created a handy checklist of symptoms for each disorder, enabling the harried practitioner to make a quick, easy diagnosis.

“Cannabis Abuse” is one of many conditions defined by the DSM under “Substance Use Disorder.” Gilg elicited testimony from Drs. Philip Denney and Carl Hart that based on the DSM-V exempted medical users from an “abuse” diagnosis. These are the words that gave them hope: “Symptoms of tolerance and withdrawal occuring during appropriate medical treatment with prescribed medication (e.g., opioid analgesic, sedative, stiumlants) are specifically not counted when diagnosing a substance use disorder.”

Unfortunately, tolerance and withdrawal are not the only responses to marijuana that condemn the herb to Schedule I status. “Prescription medications can be used inappropriately, and a substance use disorder can be correctly diagnosed when there are other symptoms of compulsive, drug-seeking behavior,” states the Bible.

So how do doctors distinguish a Substance Use Disorder from medical use of a drug? DSM-V says, “The diagnosis of a substance use disorder is based on a pathological pattern of behaviors related to use of the substance.” Nine such behaviors are listed:

“Criterion 1: The individual may take the substance in larger amounts or over a longer period than was originally intended.”

  • If you try marijuana and find that it agrees with you, you’re likely to use it more frequently than originally intended. How is that evidence of pathology?

Criterion 2: “The individual may express a persistent desire to cut down or regulate substance use and may report multiple unsuccessful efforts to decrease or discontinue use.”

  • If a parent (or boss, counselor, or other authority figure) says marijuana is dangerous and you must stop using it, you may promise to stop. But then you’re with your friends and you’re re-convinced that it’s harmless (and even helpful), so you resume. That is evidence of pathology, according to the psychiatrists’ Bible. An unslanted definition would be disobedience.

Criterion 3: “The individual may spend a great deal of time obtaining the substance…”

  • That is clearly a result of prohibition.

Criterion 4: ‘Craving is manifested by an intense desire or urge for the drug… more likely when in an environment where the drug previously was obtained or used.”

  • The DSM authors sneak “intense” into the sentence like a virus. Craving (according to the English language) can be intense or mild. The craving for cannabinoids is very mild compared to the craving for, say, opiates. For many people it’s milder than the craving for coffee. And of course you’ll be “craving” more when you’re around people who are indulging. Duh.

Criterion 5: “Recurrent substance use may result in a failure to fulfill major role obligations at work, school, or home.”

  • This makes sense if the failure to fuilfill is due to impairment, but almost invariably it’s due to punishment

Criterion 6: The individual may continue substance use despite having persistent or recurrent social or interpersonal problems caused or exacerbated by the effects of the substance.”

  • Meaning: if people who disapprove of your cannabis use decide to distance from you, it’s your fault and evidence of pathology.

Criterion 7: “Important social, occupational, or recreational activities may be given up or reduced because of substance use.”

  • Who decides that a given extra-curricular is “important?” Not the patient, obviously. Some people are like Ferdinand the Bull, they’d rather smell the flowers than play football.

Criterion 8 is “recurrent substance use in situations in which it is physically hazardous.”

  • Definitely a sign of stupidity.

Criterion 9: “The individual may continue substance use despite knowledge of having a persistent or recurrent physical or psychological problem that is likely to have been caused or exacerbated by the substance.”

  • A drug can simultaneously exacerbate a problem and produce benefit. Let’s say you have chronic bronchitis, PTSD, and insomnia. You have a nightmare and wake up in a sweat. You smoke some marijuana, which makes you cough —but restores equanimity and makes sleep possible. Reasonable choice or evidence of pathology?

* * *


by Hank Sims

Once again this year, two huge Central Valley agricultural districts have failed to block the release of Trinity River water designed to help threatened fall salmon runs at the mouth of the Klamath River.

Late last week, the two bodies — Westlands Water District and the San Luis & Delta-Mendota Water Authority — petitioned a federal judge to block the release of up to 88,000 acre-feet of cool Trinity water to combat parasite conditions at the mouth of the Klamath. Though the same strategy has been used habitually in drought years past, the two agricultural districts characterized such releases as “literally flushing” water away, in a time of drought.

But the court today denied the Central Valley’s request for a restraining order preventing the Bureau of Reclamation from releasing the water, exactly as it did last year and — after some dithering — the year before that.

The strategy of releasing comparatively cool and clean Trinity River water at critical points during the fall salmon run was developed in the wake of the 2002 Klamath fish kill, when a runaway infestation of the ich parasite killed somewhere in the neighborhood of 70,000 returning chinook and coho salmon.

Press release from the Yurok Tribe:

A few minutes ago, Judge O’Neill of the United States District Court for Eastern California in Fresno denied Westlands and San Luis & Delta-Mendota Water Districts’ motion to immediately halt flows from the Trinity River necessary to avoid a catastrophic fish kill in the lower Klamath River. The Court determined that any potential harm to the irrigators from an uncertain loss of added water supply was outweighed by the potentially catastrophic damage to salmon in the absence of supplemental water.

“This is a great victory for the Klamath River and its salmon,” said Chairman Thomas P. O’Rourke. “We are gratified that the judge saw through their desperate efforts to disparage the needs of the fish and to discredit our science. We’d also like to thank Congressman Huffman, as well as Humboldt County and our co-management partners for their support on this important issue.”

The Klamath River was the site of a catastrophic fish kill in 2002 that claimed between 33,000 and 78,000 Chinook salmon, including hundreds of threatened coho salmon. In subsequent years, adequate river flows have prevented a repeat of this catastrophe. The Yurok Tribe and its fisheries co-managers including other tribal, federal and state agencies, have worked hard to develop the science that guides these difficult decisions. The Yurok Tribe maintains senior water rights sufficient to maintain its fishery in the lower Klamath River.


* * *


by Dan Bacher

A federal judge today denied a request by the San Luis Delta Mendota Water Authority and Westlands Water District for a temporary restraining order and preliminary injunction against the higher supplemental flows from Trinity Reservoir being released to stop a fish kill on the lower Klamath River.

The releases that the U.S. Bureau of Reclamation began last week, resulting from requests by the Hoopa Valley and Yurok Tribe fishery scientists to release Trinity River water to stop a fish kill like that one that killed up to 78,000 adult salmon in September 2002, will continue. The two Tribes, the Pacific Coast Federation of Fisherman's Associations and the Institute for Fisheries Resources were intervenors for the defendant, Interior Secretary Sally Jewell and the U.S. Department of Interior, in the litigation.

In his decision, U.S. District Court Judge Lawrence O'Neill said, "The Court concludes that there is no clear showing of likelihood of success on the merits. Even if Plaintiffs are likely to succeed on the merits of at least one of their claims against Reclamation in connection with the 2015 FARs (FARs = Flow Augmentation Releases), the balance of the harms does not warrant an injunction at this time."

"The potential harm to the Plaintiffs from the potential, but far from certain, loss of added water supply in 2015 or 2016 does not outweigh the potentially catastrophic damage that 'more likely than not' will occur to this year’s salmon runs in the absence of the 2015 FARs," ruled O'Neill.

This denial of the request by corporate agribusiness interests to halt badly needly flows for the lower Klamath River is a big victory for the Hoopa Valley Tribe, Yurok Tribe and fishing groups. Both this year and last, Tribal activists held protests demanding the release of Trinity River to stop a fish kill.

"I'm very pleased with the decision in terms of the protection of fish and the preventive flows being released," said Mike Orcutt, Fisheries Director of the Hoopa Valley Tribe. "Humboldt County's annual right to 50,000 acre feet of water from Trinity Reservoir was a key part of the court's decision and reasoning. We're glad that court interpreted the use of that water, as we have advocated for years, for beneficial uses including protecting fish. We have never give up on this souce of water supply since 2003 and we have worked on securing that water for Humboldt County and downstream users."

The 15 page decision is available here:

The Bureau of Reclamation last week announced that it would release additional water from Trinity Reservoir for the lower Klamath River to help protect returning adult fall run Chinook salmon from a disease outbreak and mortality. Supplemental flows from Lewiston Dam began on Friday, August 21 and will extend into late September.

“In this fourth year of severe drought, the conditions in the river call for us to take extraordinary measures to reduce the potential for a large-scale fish die-off,” said Mid-Pacific Regional Director David Murillo.

Releases from Lewiston Dam were adjusted to target 2,800 cubic feet per second in the lower Klamath River starting last week. Flows from Lewiston could be raised as high as 3,500 cubic feet per second for up to five days if real-time monitoring information suggests a need for additional supplement flows as an emergency response.

Dan Nelson, executive director of the San Luis & Delta-Mendota Water Authority, explained the reasoning behind the lawsuit that they launched after Reclamation announced the flow release.

"As our state is faced with a water supply crisis affecting every sector of people, businesses, and communities, an action like this is unthinkable. This will cause irreparable damage to drought stricken communities already facing water restrictions,” said Nelson in a press release.

However, Judge O'Neill disagreed. "There will be those who credit the Court for this decision, and those who will discredit the Court for this decision. Let it be understood by both camps that the Court is obligated to follow the law as it is. That has occurred, regardless of the absence or presence of the popularity of the ruling," Judge O'Neill concluded.

Trinity River water is shipped, via a tunnel through the Trinity Mountains, to the Sacramento River watershed to Whiskeytown Reservoir and Clear Creek. The water is used by corporate agribusiness interests farming toxic, drainage-impaired lands on the west side of the San Joaquin Valley to grow almonds, pistachios, watermelons and other crops.

For more information about the the battle by the Tribes to get supplemental flows released, go to:

* * *


Tim Gregory wrote under Subject: Re: [Kzyxtalk] KNYO: The way real radio works small is beautifuller, but not always beautiful. if you put a 40-hp vw motor in a jetta, you won't get out of the driveway...marco, you still don't allow for fundamental questions of scale, in terms of content as well as actual mechanics...

Marco here, Tim.

All of KZYX's radio transmission and infrastructure and studios and NPR dues and other expenses don't make a $50,000 per year difference over KNYO's similar expenses, let alone a /$565,000 per year/ difference. It isn't any more complicated and doesn't require any more office people or effort for airpeople to talk and play music into a slightly louder transmitter. Having a few more airpeople on the schedule doesn't require any more overseeing personnel. The same common driving skills that no-one has trouble learning and the same traffic light work at an intersection whether there are twenty cars using it in a day or eighty or a thousand.

Another way your car analogy does not apply here: You still don't understand how cheap radio is. There's plenty of money to pay the airpeople a decent theatrical stipend. And there will never be enough money for it to make sense to pay Mary Aigner and David Steffen to do whatever they imagine they're doing in the office. As I said earlier to the board: good riddance to John Coate, that angry, insecure, expensive fraud; hire another manager if you can't help yourself, but get one who will do a manager's job, which includes dispensing with the pretend busywork. Look, if Mary and David cost $50,000 a year each, just those two are sucking out of the radio station the equivalent of 2,000 yearly $50 memberships. That's all the memberships you have. All the money raised in all of your frantic happyface membership drives is constantly being diverted to just Mary and David, who are not useful or good for the station. David Steffen's fundraising efforts barely return the money to pay him. Mary Aigner's job description is a /secret kept from everyone, including the board of directors of the station/. Any sane manager would cut them loose.

If Mary wants to come around once a week and play Grateful Dead CDs to the empty sky, she can still do that, and she should be paid for that. Twenty dollars for a two-hour show sounds about right. And, Tim, if you want to keep doing what you're doing, you can still do that, and you wouldn't have to worry about Mary kicking you off the air for talking about this on your show, or for playing a song with a swear in it at 1am or just, you know, not having your mind right, in the Cool Hand Luke sense, which, who does?

I listened to about 45 minutes of your show the other night while I drove down 128 and then out of range. A man called and said you were overmodulating and you should turn your microphone down, and then you played records at seeming random, and played a recording of a time when someone called you and repeated stonedly over and over about how people don't have a decent old fashioned ethical standard anymore, and then I was too far away and I had to switch to KQED. That's what it sounded like the last three or four times I listened in; it's not my cup of tea, but you show up on time to work and you work, and you should be paid.

I tuned to KZYX on an afternoon last week and there were two or three studio women all fangirl giggly in a phone interview with a Druidical mage woman who'd self-published a book about spiritual herbology. I got out at the story of the ancient Egyptian technique of melting herbs and honey and natron to cure plantar fasciitis, which I know to be a painful disorder of the foot that you get from working on a ladder in zoris. The ancient Egyptians knew a lot about that. I'm sure they were on ladders in zoris a lot, with their sphinx scaffolding and whatnot. Those women should be paid what they're worth. And there's no need for Mary Aigner to wander in that day, or any day, and collect $150 for herself for playing Windows solitaire in the next room while they interview New England magesses about fairy circles and astrological contraception and eating clay for the complexion.

The people who do all the syndicated shows KZYX pays for are being paid. Local airpeople should be paid for their work too. If they don't need or want the money they can buy a microphone for the station, or a roasted chicken and a pack of organic cigarettes for a homeless person.

the historically direct symbiosis we have with npr is the most obvious omission from your straw dog/knyo comparisons.

Having NPR and other syndicated shows doesn't increase the administrative load. After syndicated shows are paid for --and that was $27,000 last year at KZYX, and I did not omit it-- which involves a mouse click, and after they're inserted into the schedule, which involves another two or three mouse clicks per show at the beginning of the season, they require no attention. The clock ticks and the computer switches them in. No-one has to stand there and watch the computer blink.

If that system ever fails, it's the station engineer's job to fix or replace it. It's no more expensive nor complicated than the computer you use to sleeptalk the messages you post, Tim. And if it fails often, call a better engineer to figure it out and fix it right. That's part of what a manager does. How many radio station personnel does it take to telephone the techie?

legal exposure is another.

Legal exposure? How does KZYX management's flushing $10,000 down the toilet every week protect you from a determined legal saboteur? If you're so afraid of legal trouble that you'll agree to knuckle under to any oppression, you might get out and take a walk around outside the miasma of authoritarian craziness and paranoia of KZYX, and clear your head, and /then/ think about it, and see if it doesn't all start to look different.

All the legal expenses and bad feelings and unpleasant kerfuffles ever at KZYX resulted from management's own paranoia and bad policies and actions. They don't have to be that way. There is another way and I've been showing it to you all my life.

Marco McClean

* * *


NOTICE IS HEREBY GIVEN that the Recommended Budget for the County of Mendocino (including all funds and Special Districts governed by the Board of Supervisors) for Fiscal Year 2015-2016 has been prepared and is available for distribution to members of the general public by application to the Mendocino County Auditor, or by viewing the County’s website at:

NOTICE IS FURTHER GIVEN that prior to making a final determination thereon, the Mendocino County Board of Supervisors will conduct a Public Hearing for the Final Budget of Mendocino County for Fiscal Year 2015-2016. Said Public Hearing will commence on Tuesday, September 8, 2015, at 9:00 a.m., or as soon thereafter as the matter may be heard, in the Board of Supervisors Chambers at 501 Low Gap Road, Room 1070, Ukiah, CA. The hearing may be continued from day to day, commencing at 9:00 a.m., until concluded but not to exceed a total of ten calendar days.

Any member of the general public may appear at the hearing and be heard regarding any item in the budget. To the extent possible, it is recommended that all correspondence be submitted to the Clerk of the Board no later than Wednesday, September 2, 2015, to allow ample time for Board of Supervisors review prior to the beginning of the Public Hearing.

Questions regarding the Public Hearing may be directed to the Executive Office staff at 463-4441.


Clerk of the Board


  1. james marmon August 27, 2015

    Regarding Real Social Work.

    I have to come to Chuck Dunbar’s defense here. According to baby Emerald’s mother, Chuck did not make the decision to place Emerald with the monster, Wilson Tubbs. She told me that Chuck informed her that it was an Agency decision driven by the State Adoptions worker. That State Adoptions worker has way too much influence in the Agency. The adoption worker had a desk in the Ukiah office and thought she ran the whole show, and pretty much did so.

    Of course, stupid me, disagreed with her involvement in my cases before they were actually assigned to her in the CWS/CMS database. I told her that as long as I was the primary social worker “assigned to the case” It was my responsibility, not hers, to keep my children safe.

    Cases are not officially assigned to the State Adoption social worker as the primary until after the court terminates parental rights.

    I heard that this particular State Adoption’s worker was so devastated over Emerald’s death that she immediately went out on medical leave and eventually retired.

    • james marmon August 27, 2015

      Chuck actually had placed baby Emerald with a loving and caring family for the first 4 months. They also wanted to adopt but the adoption worker wanted her moved to the Tubb’s home.

      • james marmon August 27, 2015

        If you notice, the state adoptions worker wasn’t named in the lawsuit. Even though she was calling all the shots, she had no legal responsibly. It all fell on Chuck and John.

        • james marmon August 27, 2015

          Deputy Director Jena Connor.

          “So, it boils down to just remembering that all positions and recommendations are Agency decisions not individual social worker’s opinions.”

          February 7, 2011

    • John Fremont August 27, 2015

      I am so glad Chuck wasn’t the decider. He gave heart and soul to protecting kids.

  2. Randy Burke August 27, 2015

    Drought and wines…. What can be heart rending about an industry that lacks basic provisionsfor human survival?

  3. BB Grace August 27, 2015

    To the Fort Bragg Planning Commission

    We are urging the Planning Commission to deny a permit for Overtime Brewery”

    I get the idea that the City is expecting the Coastal Commission to deny the request, and give an award to the City for the Coastal Trail, and why wouldn’t Overtime collaborate with North Coast on Koch Headlands?

    “We also question the city’s policy of forbidding legal medical cannabis dispensaries within the city limits while encouraging the sale and production of alcoholic beverages, with many wine and beer festivals annually.”

    I look forward to hearing what you get for a response Alice & Douglas Chouteau. Good questions!

  4. malcolmlorne August 27, 2015

    I’m sure the Choteaus would want the AVA’s readers to know that their email was one of two received by the Fort Bragg Planning Commission in opposition to the permit for Overtime Brewery, there were also more than twenty emails/letters submitted in favor of the project.
    Malcolm Macdonald

    • BB Grace August 27, 2015

      Twenty emails/letters from who and where? Hmmm
      Old Coast had alot of support from people who don’t live and vote in Fort Bragg.
      Also, when a City Council does what Fort Bragg’s is doing, it creates apathy as in, “What’s the point they don’t listen?”

  5. Whyte Owen August 27, 2015

    Eric Asimov is the regular NY Times wine columnist. Underscores the absence of regulation on the industry, insensible to wine writers. Left a comment on the sips of H2O per sip of wine, did not make the cut. Write Congressman Thompson and both Senators, hard copy better than email.

  6. Jim Updegraff August 27, 2015

    Seems like the intoxicants – Marijuana, wine and beer get a lot of discussion. If the drought goes another 5 years or so will have to find another intoxicant. As for me I prefer a wee nip of 17 year Old Pulteney single malt scotch whisky in the late evening. It is good for digestion and improves my outlook on the human race.

  7. malcolmlorne August 27, 2015

    It is oddly telling that the Choteaus tied the new brewery project to Fort Bragg’s mayor and BB Grace is comparing the brewery project to the Old Coast Hotel situation. The brewery project hasn’t even crossed the desks of the city council yet. Ms. Grace’s “apathy” comment is a double edged sword. If opponents of the mayor and city government in general want to insist that a ballot initiative has widespread support they can’t claim public apathy at the next turn.
    Malcolm Macdonald

  8. BB Grace August 27, 2015

    Petititons can cure apathy because they bring together those who feel wronged with hope .

    It’s going to take an election for Fort Bragg City Council to regain trust.

    I think the concept of building a brewery during water rationing is beyond most folks ability to reason. The Chouteaus even offered alternatives and suggestions for the brewery proposal which makes the point that they are not opposed to developing business in Fort Bragg, but needing someone from City Hall to esplain how the City can ration water to residents and existing business while considering building another water hogging business. I think it’s a red herring.

    What you wanna bet the 20 people who supported Overtime are also Old Coast supporters?

    I wonder how many folks are camped by The Guest House tonight now that the Old Coast is open?

  9. Alisha taylor October 8, 2017

    The comment about Emerald Herriot by James marmon is all lies he NEVER helpped. Jennifer(emeralds mom) I did I did everything. He never let her live w him he never helped get her a place he never received a single picture of dean. EVERY THING HE SAID IS LIES!!!!

Leave a Reply

Your email address will not be published.