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June 16, 2005
DA'S PALCO LAWSUIT
DISMISSED: The lawsuit that has
defined county politics for two and a half years has been thrown
out of court. Late Tuesday afternoon, Judge Richard Freeborn
upheld the Pacific Lumber Co.'s objections to the fraud lawsuit
filed against the company by the District Attorney's office in
February 2003, shortly after DA Paul Gallegos and his deputy,
Tim Stoen, took office. Essentially, Freeborn agreed with every
argument made by Palco in their motion to dismiss the case. Specifically,
he agreed with company claims that the alleged deception committed
by the company during the negotiations with state and federal
agencies over sale of the Headwaters Forest -- even if true --
is protected by the First Amendment, under a legal precedent
known as the Noerr-Pennington doctrine. "Plaintiffs can
not state a cause of action because PALCO's actions are constitutionally
protected by Noerr," Freeborn wrote. The case filed by the
DA alleged that the company intentionally defrauded the public
by presenting false data on the relation between logging and
landslides in late 1998; the company later presented a final,
corrected version of the data to a regional office of the CDF
-- rather than to the agency's headquarters in Sacramento, as
procedure allegedly required -- two days after a final Environmental
Impact Report on future management of the companies lands had
been released. The company then asked for, and got, the right
to log more intensively. In his ruling, Freeborn wrote that at
the stage of the process in question, the company could be considered
to be involved in "lobbying" -- a constitutionally
protected right to petition the government -- rather than undergoing
adjudicative review by agencies. Freeborn cited an earlier case
to show what is legally allowable under the umbrella of lobbying
activity: "Misrepresentations are a fact of life in politics,
and lobbying is the sine qua non of democracy." It
is not known if the District Attorney's Office will appear the
ruling; Gallegos and Stoen could not be reached for comment.
DO THEY HAVE A
CASE?: Around
150 emotional residents attended a meeting of the Humboldt Taxpayers
League last Wednesday, most of them asking -- or demanding --
that the group abandon a lawsuit filed on June 2 against the
Eureka Redevelopment Agency and developers Glenn Goldan and Dolores
Vellutini, who have both served on the city's Redevelopment Advisory
Board. As of press time, the Taxpayers League had not dropped
the suit -- which charges that the developers had an illegal
inherent conflict of interest when they entered into contracts
with the Redevelopment Agency for separate waterfront projects
-- but the league did vote to hold its suit "in abeyance"
and enter into talks with the other parties so that their concerns
might be addressed outside court. If the suit goes forward, it
will seek to void the contracts between the developers and the
city, one of which dates back nearly 10 years. Does the league
have a case? Neil Shapiro, the Monterey-based attorney representing
the league, certainly thinks so. Shapiro said last week that
his client does not allege that Goldan and Vellutini, in their
roles as members of the advisory board, participated in any way
in the drafting or approval of contracts that they eventually
entered into with the city. Rather, he said, the mere fact that
the two served on the board at the time the contracts were approved
is likely to be enough to make the contracts illegal under state
Government Code section 1090. To make that case, Shapiro said
he would have to show in court that the Redevelopment Advisory
Board -- a group that technically only has the authority to offer
advice -- in fact operates, by default, as the decision-making
entity for redevelopment projects. He noted that out of over
50 recommendations the advisory board made to the city council
-- which functions as the board of directors for the redevelopment
agency -- only two were eventually reversed. But Steve Levin,
Political Reform Project Manager for the Los Angeles-based Center
for Governmental Studies, isn't so sure of Shapiro's argument.
He noted that the case Shapiro makes apparently relies on in-house
regulations from the Fair Political Practices Commission, a state
agency that administers the Political Reform Act -- a completely
separate body of law. What that would mean to a judge is hard
to say, Levin said: "The FPPC regulations would certainly
be persuasive, but not necessarily binding."
GRAND JURY FOREPERSON
QUIZZED: Judge John Feeney suspended the selection of jurors
in the upcoming trial of Fortuna City Councilmember Debi August
last week in order to deal with reams of new material submitted
to the court by former Grand Jury Foreperson Judith Schmidt.
Schmidt -- whose 2003-04 grand jury formally accused August of
conflict of interest a year ago -- took the stand on Thursday
and Friday to testify that the current foreperson, Darlene Marlow,
told Schmidt to destroy materials pertaining to the August investigation
that were in her possession. August's defense team had subpoenaed
such documents months earlier; when Schmidt came forward last
week, it became clear that many of the papers in her possession
had not been disclosed on that occasion. On Friday, Schmidt testified
that most of the new documents would normally have been placed
in the grand jury's files, and so should have been available
to the defense earlier. However, she did note that it was routine
practice to prune the files occasionally, eliminating irrelevant
material, in order to keep them at a manageable size.
HOOPA ELECTION
TUESDAY: Signs plaster the main
drag into the Hoopa Valley Reservation: "Vote for Duane
Sherman Sr." The tribal election is June 21, and this time
tribal chairman Clifford Lyle Marshall is up against contender
Sherman -- a former tribal chairman who lost to Marshall in the
last election. Apparently the battle "has gotten down right
dirty," according to a letter-to-the-editor by Allie Hostler
in The Hoopa People newspaper. The race is close: in the
primary, chairman Marshall had 309 votes over Sherman's 267.
Family ties are close in the Hoopa Valley and emotions are running
high. The issues facing the tribal chairman, according to a tribal
member who asked for anonymity, include the disputed Hoopa-Yurok
Settlement Act, under which the tribes are supposed to share
timber proceeds from the Hoopa Reservation. "Duane wants
to fight for the full amount [and give none to the Yurok], and
Marshall wants to settle and get on with it, share the wealth,"
the source said. Other issues include economic development, Trinity
River flows and health care.
BAYSIDE BOMB CONNECTION:
After a six-week undercover investigation
into an April 30 bombing in Stockton, federal and state agents
served five search warrants in Stockton and one in Bayside last
week. According to the Bureau of Alcohol, Tobacco, Firearms and
Explosives, two machine guns and components for two pipe bombs
were seized at Steven Little's Jacoby Creek Road residence in
Bayside on June 8. Little's son, Michael Little, 40, of Stockton
was arrested and charged with maliciously damaging a building
and the illegal manufacture and possession of machine guns. The
Stockton bomb was detonated outside of Union Planing Mill, a
business Little formerly contracted with through his own company,
M & L Molding and Machine, which is located just a block
and a half away. No one was injured in the blast, which caused
thousands of dollars in damage, the ATF said. Also arrested were
Jeffrey Keefover, 34, and Steve Nemee, 35, both of Stockton.
Steven Little was not arrested or charged with any crimes as
of Tuesday, according to an ATF spokeswoman.
WE'RE STILL DIRTY: You'd think an oil
refinery in Martinez would rank higher in toxic releases than
a pulp mill in Samoa. But according to the U.S. Environmental
Protection Agency's newest Toxics Release Inventory report, Stockton
Pacific Enterprises' pulp mill (now called Evergreen Pulp and
under new ownership) was the sixth highest toxics-release site
in California in 2003, and the top toxics-release site north
of the Bay Area, with 1.6 million pounds going into the air,
land and water. The Tesoro refinery in Martinez released 1.3
million pounds of toxics. The pulp mill mostly released methanol
-- 1.4 million pounds into the water -- but also some ammonia,
methylethylketone and nitrate compounds. The mill's toxics releases
have declined since the 2002 TRI inventory, which reported a
release of 2.1 million pounds of methanol, and lesser amounts
of other chemicals. The EPA's website notes that toxics released
don't always equate to human health hazards nor necessarily to
law violations. Methanol, for example, isn't a "recognized"
toxicant to humans, but it is a "suspected" developmental
toxicant and neurotoxicant, among other things. On the EPA's
website, you can find a county, see who's polluting it and follow
each chemical released to read about its implications. Go to
www.epa.gov/region09/toxic/tri/report/03/california.pdf.
NEW SEPTIC SYSTEM
RULES TO COME: When statewide wastewater
treatment regulations are enacted sometime around 2007, Humboldt
County residents, along with other rural and suburban homeowners
in California, may be forced to fix their old septic systems.
The State Water Resources Control Board recently released a draft
of stricter septic system regulations that they hope will help
reduce groundwater pollution. Kevin Metcalfe, Humboldt County's
environmental health specialist, said that California's Region
1, which includes Humboldt County, has had more stringent criteria
regarding wastewater treatment since the 1980s, so the North
Coast is generally in good shape, but there will still be challenges
to face. "My general impression is that there will be more
work for local enforcement for record keeping, monitoring and
reporting to the state and more requirements for homeowners for
maintenance of their systems." In particular, Metcalfe said
that the unincorporated areas around Humboldt Bay in the Arcata/Eureka
plains, up through Trinidad and Westhaven will be affected by
the new rules. The North Coast Regional Water Quality Control
Board will hold a public meeting on July 18 in Santa Rosa, 7
p.m. at 5550 Skylane Blvd., Suite A. For more information visit
www.waterboards.ca.gov/ab885
or call (916) 341-5518.
LOCAL TEEN ABSTINENCE
PROGRAM: From Eureka to Rohnerville,
eight county schools have accepted a non-political, non-religious
program advocating sexual abstinence for teens. Director Maureen
Brundage and Counselor/Trainer Audrey Bodeker gave a presentation
on the program, called STAND (Students Taking Abstinence in a
New Direction), at the Republican Party Central Committee meeting
last Thursday. "Our main goal is just to teach healthy relationships,"
Brundage said. "We really want people to learn about self-respect."
Both women emphasized that the program is all-inclusive, without
discrimination based on sexual preference, religious beliefs
or sexual history. Bodeker teaches the six-day course during
the health and safety section of the high school curriculum,
where it is often paired with conventional sex education programs.
Her presentations include information on sexually transmitted
diseases, HIV and AIDS and condom risks. The program is not yet
funded; Bodeker said much of STAND's work is on a volunteer basis,
since many schools just don't have the money to pay for it.
CORRECTION: Because of
an editing mistake, a recent story ("Palco
rolls out Mattole watershed plans," June 2) misidentified
Mattole resident Maureen Roche. Though Roche regularly volunteers
for the Mattole Salmon Group and is a former employee of the
organization, she is not currently a "member," according
to the group's executive director. The Journal regrets
the error.
Five Questions for Patrick Riggs
Local
Solutions PAC readies for November
by HELEN SANDERSON
The brainchild of four Friends of Paul (as in, Gallegos) campaigners,
Local Solutions, a Humboldt County "progressive" political
action committee, was officially organized last fall. These days,
the PAC is scouting around for funds and volunteers to help with
an array of campaign work -- like phonebanking and database maintenance
-- for November's elections. Led by Patrick Riggs, Dennis Huber,
Alice Woodworth and Mike Twombly, the committee is offering a
hand to public service aspirants who need guidance on how to
run for office. Last week, the Journal checked in with
elementary school teacher Patrick Riggs, head of the local chapter
of the Democratic Party and one of Local Solutions' officers,
to see how the PAC is progressing.
What does Local Solutions want to accomplish?
In general our goal is to provide an opportunity for ordinary
people in Humboldt County to express themselves effectively in
local politics, without regard to political party or special
interest money. This is grassroots activism to empower people.
Your website says that you support potential candidates regardless
of party affiliation. What if a Republican asks for your support?
It hasn't happened yet. But we share common beliefs with Republicans,
like fiscal responsibility, upholding the integrity of the Bill
of Rights and issues such as government not unduly regulating
private affairs of the citizens. We share those types of values
and beliefs. As to whether a Republican will ever ask for our
support, who knows?
Local Solutions seeks to assist progressive candidates. Define
progressive.
It is an elusive term. But some of the things that I've already
mentioned certainly are factors in it. Obviously a belief in
a democracy, a true democracy, and the will of the people is
part of it. It's a belief that it is better to be supported by
thousands of everyday folks living in the neighborhoods rather
than by high-dollar special interest groups -- that certainly
would be one. In terms of economic development, we favor local
businesses, we favor sustainable businesses, people working for
renewable energy resources. There are lots of opportunities in
Humboldt County to do things like that. It's a belief in fiscal
responsibility, but in funding the services that we need so we
can express our concern for each other. That takes a certain
level of resources. We favor doing what is necessary to help
people who are having a rougher time, who need some help -- but
in a fiscally responsible way. And we certainly think that "progressive"
means a belief in the core values of America, a belief in the
Bill of Rights and the Constitution.
In terms of donations, Local Solutions is aiming high --
$100,000 for 2005. Where are you in your fundraising efforts,
and is your goal still achievable?
The goal is achievable but it is going to take time to get there.
The goal is really to have 1,000 members contributing $99 a person
[a year], not to have $20,000 from any special interest group.
We have had a few fundraising gatherings and publicity has been
developing on a gradual basis. We're making progress and things
are picking up as time goes by. [Reporter's note: Between Jan.
1 and March 31, Local Solutions PAC raised just over $1,000.]
For the upcoming November elections, what seats are you concerned
with? What campaigns will Local Solutions focus on?
It's hard -- in fact, it's impossible, at this point in time
-- to talk about names of specific individuals. That's all up
in the air. We are not in a great rush to necessarily impact
anything today. Certainly we are looking at the school boards
-- it's always good to see who's looking to run. [School board
races] are not much of a contest, so we are definitely
encouraging people to run in school board races across the county.
We've had a number of people talk to us about the Northern Humboldt
Union High School District, so we are taking a very close look
at the positions opening on that board. Another set of races
is on the Humboldt Bay Harbor Recreation and Conservation District
-- there's a couple of positions open. That's important because
there is a lot of influence there for the development and economics
in the future of the county. We believe that people want a sustainable
way of life here, and use of renewable resources and renewable
energy. Any board or government group that has an impact on the
direction that economics will take is obviously of interest to
us. It is important for the people to have a clearer vision of
what the choices are in races of those types.
Local Solutions
can be found online at www.localsolutions.org.
Dream houses
The Hoopa Valley Tribe
is building its future inside a big metal factory
story & photos by HEIDI WALTERS
TO GET TO THE HOOPA VALLEY RESERVATION
off Highway 299, you turn north at Willow Creek onto the Bigfoot
National Scenic Byway (Hwy 96) and follow the Trinity River about
a dozen miles. The road's a winding affair, with a couple of
tight turns that might make Bigfoot himself duck and shimmy a
little to swing his big self through the bends. Imagine, then,
that you're a big house trying to negotiate those curves back
out to Hwy 299.
Plenty of new houses -- or halves
of houses -- will be making that twisty trip soon, from the Hoopa
Modular Building Enterprise's new, 65,000 square-foot white-and-green
metal factory to awaiting foundations in cities, towns and reservations
in California and neighboring states. The extra-sturdy structures,
ranging from two to four bedrooms and one to two levels, will
be Uniform Building Code-compliant, personalized, many-windowed
homes worthy of any nice stick-house neighborhood. And they won't
have steel chassis, like mobile homes.
At full production in a few
years, five trucks (hauling five modules equaling two-and-a-half
houses) will travel Highway 96 per day, five days a week. Other
trucks will come in daily with wholesale-purchased building supplies.
Bill Bobbitt, a modular housing consultant hired by the tribe
to start and run the new enterprise, said he had his doubts at
first.
"When I did the feasibility
study, the first thing I did was look at that road and say, `Boy,
I hope we can deliver these things,'" Bobbitt said. After
talking with CalTrans, they designed a special transporter and
decided to keep the house modules around 16-by-70 feet or less,
with folding roofs, in order to squeeze them down the road cost-effectively.
No bent road was going to stop
the Hoopa Valley Tribe's dreams of pulling out of a jobs-poor,
housing-scarce slump. "We've been dormant too long,"
said tribal chairman Clifford Lyle Marshall, sitting in his office
Monday talking over a small stick model of a traditional Hoopa
home, or "xhonta," on the table. In the old days, he
said, the tribe came together to build a house. It's like that
now, only the factory-built houses are not only being sold to
tribal members, but to homeowners off-rez as far south as San
Diego and north to Vancouver, Wash. The houses will be sold on
a three-tiered pricing schedule, with Hoopa tribal members getting
the best deal and other tribes the next best deal.
"One of the things people need is affordable
housing," Marshall said. He rattled off a list of social
ills in Hoopa Valley: domestic violence, drug abuse, truancy.
"The remedy for all of them is a stable economy, and a good
job where you can buy a home and feed a family." He said
the tribe suffers 50 percent unemployment. Timber revenues (the
tribe's main income) have declined under the tribe's sustainable
harvest rules. So the tribe invested nearly $7 million in the
new modular housing factory, which employs almost 50 people,
mostly tribal members. That number could rise above 100.
Inside the factory Monday morning,
several newly trained workers heaved their first house's first
wall, already insulated, onto its edge. Next to it was the first
floor, plumbed and wired. Overhead pulleys waited to pull materials
to stations outfitted with bright yellow scaffolding. There was
a happy, whistle-while-you work industrious feeling in the air.
Open doors let in sunlight and a cool breeze. "This is a
positive thing for the reservation, because it's supporting tribal
members and kids and other Indians," said employee and tribal
member Robert Hodge, Jr. He fought fires before this job. Another
tribal member and factory employee, Randy Cook, also once relied
on seasonal jobs. He hopes to buy a house next year. "That's
incentive to come to work," he said.
At the corporate office across
the river, Hoopa Modular sales coordinator Hayley Hutt talked
about her "dream come true." Hutt worked in Arizona
in real estate and spent much of her life outside of the valley.
She came home to have her baby girl, now 14 months old, got the
job, and plans to buy a modular home next year.
"I live with my mom in
a HUD home," she says. She could get her own HUD home from
the government housing program, which is expensive and restrictive.
"My only other option is to get a builder out here, which
is too expensive, or a mobile home. So, yeah, to come home and
have this job opportunity and be able to buy a home and raise
my daughter here -- it's unbelievable."
CEO Bobbitt said the modular
enterprise could bring in up to $27 million in gross business
volume per year. Chairman Marshall anticipates positive ripples
from the factory for hundreds of miles: work for truckers, on-site
assemblers, support businesses. "The deli [in town] is already
going down to the plant and taking orders," Marshall said.
"Forty-five people are buying gas to go to work. So there's
money already coming in."
The high school even has a new
construction vocational program. Maybe that, and the hope of
a job and a house, will change how some high school grads, once
they turn 18, spend their newly acquired tribal minors' trust
money, said Marshall. "Per capita, the ones turning 18 now
are looking at $30,000," he said. "We're trying to
convince kids not to go buy a car, total it out, and end up walking
down the road. Buy a house, and they'll have a home for life."
New houses could start winding
down the road in July. You can take a tour of the new Hoopa modular
plant at an open house this Sunday from 10 a.m. to 4 p.m. and
Monday, 10 a.m. to 3 p.m.
PHOTOS: Tribal
members Randy Clark, left, and Robert Hodge, Jr., have learned
new skills and risen to supervisory position at the new modular
plant.
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