The San Diego Growth Blog

FW: NCTimes-Sifuentes: Decision may be uncorked for 'boutique" wineries

2008-04-21T10:37:00.001-07:00

------ Forwarded Message
From: <char.ayers@att.net>
Date: Mon, 21 Apr 2008 17:16:58 +0000
To: Charlene Ayers <char.ayers@att.net>
Subject: NCTimes-Sifuentes: Decision may be uncorked for 'boutique" wineries

Monday, April 21, 2008
Last modified Sunday, April 20, 2008 7:41 PM PDT

REGION: Decision may be uncorked for 'boutique' wineries

By EDWARD SIFUENTES - Staff Writer

County supervisors are scheduled to decide Wednesday whether small wineries that want to offer tasting rooms will be required to pay for expensive building permits and environmental studies.

Winemakers in the Ramona area say that a requirement to pay for the permits and studies to open tasting rooms would dash their hopes of reviving the once-booming industry.

County officials have been struggling to find a compromise between vintners and their neighbors to create an ordinance that will allow "boutique" wineries to open tasting rooms without having to pay more than the $40,000 that some of the permits and studies cost.

In their recommendation to supervisors, county planners said the ordinance should require winery operators who want tasting rooms to conduct environmental impact reports addressing traffic, noise and related issues.

Despite those recommendations, the county Planning Commission, in a split vote April 4, sided with winemakers and ruled the studies weren't necessary.

It will be up to the supervisors to make the final decision.

Carolyn Harris, a member of the Ramona Valley Vineyards Association, said few winemakers could afford to produce such a study.

The association, which has led the fight to create the ordinance, represents about a dozen Ramona-area wineries.

"I don't think you're going to see too many applications for major-use permits" to build tasting rooms, Harris said Friday. "I can guarantee you that."

Ordinance proponents have said that making it easier for boutique wineries to open tasting rooms could help resurrect the industry, attract tourists and increase the county's tax base.

Opponents, including some backcountry residents, say they are worried that the wineries, some of which are on private roads, would create public safety hazards, such as drunken drivers, on poorly maintained roads.

In December, the supervisors asked county planners to address the question of allowing boutique wineries on private roads.

Owners proposed a plan that would allow small wineries with tasting rooms on private roads with fewer than 10 residences to create road maintenance agreements with neighbors.

Applicants on private roads with more than 10 residences would need a permit from the county.

Harris said the county's Department of Planning and Land Use and the county counsel threw wineries a curve ball late in the game, saying last month that if the ordinance is approved without requiring winery owners to conduct environmental studies, it could expose the county to a lawsuit.

Harris said the county should have made that determination two years ago, when the discussion about the ordinance began.

"We just wasted two years of our lives, thank you very much," Harris said.

Ordinance opponents say that requiring wineries to apply for a major-use permit, which includes the environmental study, is only fair to their neighbors.

"I know that some people think that the whole concept of having small wineries is neat, but you don't give up your zoning" requirements, said Jack Phillips, chairman of the Valle del Oro Community Planning Group.

The supervisors are scheduled to meet at 9 a.m. Wednesday at the county administration building in San Diego.
Contact staff writer Edward Sifuentes at (760) 740-3511 or esifuentes@nctimes.com.

***********************************

Charlene Sez: I think the Gibson letter to the participants was talking about an EIR for the ordinance itself which would cost the County $250,000.

------ End of Forwarded Message

FW: Flood Management Association: Upcoming Workshops and Events

2008-04-21T08:09:00.001-07:00

------ Forwarded Message
From: <char.ayers@att.net>
Date: Sun, 20 Apr 2008 02:39:00 +0000
To: Charlene Ayers <char.ayers@att.net>
Subject: Flood Management Association: Upcoming Workshops and Events

-------------- Forwarded Message: --------------
From: Floodplain Management Association <admin@floodplain.org>
To: char.ayers@worldnet.att.net
Subject: FMA Upcoming Workshops and Events
Date: Sat, 19 Apr 2008 20:37:26 +0000

Floodplain Management Association Workshops and Events 2008 Visit www.floodplain.org <http://rs6.net/tn.jsp?e=001TI_AwM_XbjGduhcBhd75tIx0FQ3Dofn3uBHjHzBkmoZ-cH7md_3kki9l8o4_4Zwf-qm845c9a9aexEI4DFErXXfAayA5ILIGfph-gymMMmQIjkeeRw7LwA==> to register!

FMA is pleased to announce the following professional development courses designed for engineers, regulators, planners, floodplain managers and stormwater professionals involved in water issues:

Watershed Modeling with HEC-HMS: Overview and Applications, May 28, Sacramento, California
HEC-HMS Complete Course, June 24-26, McClellan, California (12 CEC)
Certified Professional in Storm Water Quality (CPSWQ) Training and Exam, July 8-9, Carson City, Nevada
Fundamentals of Hydrology and Hydraulics for Engineers, July 28-30, Carson City, Nevada (12 CEC)

Don't miss the following important conferences in floodplain management:

ASFPM Conference, May 18-23, Reno, Nevada (12 CEC)
California Extreme Precipitation Symposium, "Estimating and Forecasting Extreme Floods," June 20, U.C. Davis, California
FMA Annual Conference, September 2-5, San Diego, California (12 CEC) Deadline to Call for Presentations is May 31!

Special Symposium on Climate Change and Floodplain Management!

Part of the FMA Annual Conference, this unprecedented symposium is designed to provide professionals with an insightful, state-of-the-art look into the status of climate change research and investigations in California, with a focus on regulatory and legal implications to floodplain management.
The Symposium will include up-to-date discussions on the salient studies, investigations, and research initiatives including the challenges associated with hydrologic modeling, the uncertainties of future source area hydrologic response, and the physical/infrastructure, natural resource, economic, and socio-cultural risks to floodplain managers and system-wide flood control operators.   Technical discussions will be followed by policy deliberations, addressing key policy and institutional issues, integration into larger State-wide water resource initiatives (e.g., Delta Vision, Bay-Delta Conservation Plan, IRWMPs, and new off-stream storage projects), and pending new regulatory guidance such as the State CEQA Guidelines and the State General Plan Guidelines.   An open forum with scientists, regulators and policy experts will provide invaluable opportunities for dialogue on challenges, opportunities and recommendations.
I look forward to seeing you soon!
Iovanka Todt, Executive Director
Floodplain Management Association
(619) 204-4380
www.floodplain.org <http://rs6.net/tn.jsp?e=001TI_AwM_XbjGduhcBhd75tIx0FQ3Dofn3uBHjHzBkmoZ-cH7md_3kki9l8o4_4Zwf-qm845c9a9aexEI4DFErXXfAayA5ILIGfph-gymMMmQIjkeeRw7LwA==>
Forward email <http://ui.constantcontact.com/sa/fwtf.jsp?m=1101364206890&ea=char.ayers%40worldnet.att.net&a=1102065823276> <http://ui.constantcontact.com/sa/fwtf.jsp?m=1101364206890&amp;ea=char.ayers%40worldnet.att.net&amp;a=1102065823276>
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FW: Groundwater Resources Association: Upcoming Events

2008-04-21T08:09:00.000-07:00

------ Forwarded Message
From: <char.ayers@att.net>
Date: Sun, 20 Apr 2008 02:40:14 +0000
To: Charlene Ayers <char.ayers@att.net>
Subject: Groundwater Resources Association: Upcoming Events

-------------- Forwarded Message: --------------
From: "Groundwater Resources Association" <dbadmin@grac.org>
To: "Charlene Ayers" <char.ayers@att.net>
Subject: GRA Upcoming Events
Date: Fri, 18 Apr 2008 21:45:04 +0000

GROUNDWATER RESOURCES ASSOCIATION
o f C a l i f o r n i a

Upcoming GRA Events

GRA Legislative Symposium and Lobby Day
April 23, 2008 - Sacramento, CA
Join the GRA Members, the California Groundwater Coalition and a distinguished list of legislators, regulators and Administration officials in the Capitol, as we ask the question... If we had all the money we need for groundwater storage, including additional recycled water, how much water supply could we really develop?
Symposium Web Page ˆ http://www.grac.org/legsymposium.asp

GRA Vadose Zone Hydrology, Contamination, and Modeling Course
June 9-11, 2008 - Los Angeles, CA
The objective of the Course is to introduce the principles of vadose zone flow and transport, including gas and multiphase transport phenomena (VOCs); to discuss field characterization and monitoring techniques appropriate for model data collection; to introduce common modeling techniques and their limitations; and to provide hands-on experience with several commonly used one- and multidimensional computer models for vadose flow, transport, and multiphase flow.
Course Web Page ˆ http://www.grac.org/vadose.asp

GRA in Cooperation with DTSC and EPA: Remediation Technology Symposium
May 14-16, 2008 - Sacramento, CA
DTSC will host a free, public three-day Remediation Technology Symposium from May 14 through May 16 in Sacramento and via webcast. The target audiences are: community members impacted by contaminated sites, interested Brownfields developers, cleanup consultants, DTSC cleanup and CUPA staffs and other state, local agencies.
Symposium Web Page ˆ http://www.dtsc.ca.gov/HazardousWaste/Remediation.cfm

GRA Climate Change Symposium: Implications for California Groundwater Management
August 12-13, 2008 - Sacramento, CA
Abstract submittal deadline is June 1, 2008.
The conference will focus on three primary tracks: 1) technical aspects of climate change impacts on groundwater availability and timing and water supply and demand; 2) legal and policy issues; and, 3) what is a groundwater manager/agency to do?
Symposium Web Page and Call For Abstracts ˆ http://www.grac.org/climate.asp

GRA Principles of Groundwater Flow & Transport Modeling Course
September 22-24, 2008 - Redwood City, CA
This course introduces the conceptual principles and practical aspects of groundwater modeling in an intuitive yet comprehensive manner.
Course Web Page ˆ http://www.grac.org/modeling.asp

GRA Introduction to Practical Statistics Workshop
September 24, 2008 - Costa Mesa, CA
Lets face it, statistics wasn't your favorite course in college. It didn't seem to connect with real life, or even ground water science. But now you need to make sense of your data. This workshop will help those jilted by statistics to be reconciled.
Workshop Web Page ˆ http://www.grac.org/stats.asp

GRA 17th Annual Meeting and Conference
September 24-26, 2008 - Costa Mesa, CA
Abstract submittal deadline is May 1, 2008.
GRA has partnered with stakeholders from all segments of the profession and industry to develop an annual conference that covers technical, regulatory, legal, and policy issues affecting groundwater and facilitates networking and the exchange of the latest research and information.
Conference Web Page and Call For Abstracts ˆ http://www.grac.org/am08.asp

GRA Applications of Optimization Techniques to Groundwater Projects Symposium
October 15 & 16, 2008 - Sacramento, CA
This day-and-a-half symposium will focus on the uses of operations research (optimization) techniques in addressing groundwater projects.
Symposium Web Page ˆ http://www.grac.org/optimization.asp

GRA Emerging Contaminants 2008 Symposium
November 19-20, 2008 - San Jose, CA
Abstract submittal deadline is August 10, 2008.
GRA's one and a half day event will profile the latest developments in detection, risk assessment, remediation and regulation of emerging contaminants in groundwater.
Symposium Web Page and Call For Abstracts ˆ http://www.grac.org/contaminants.asp

Exhibitors and Sponsors
If you are interested in exhibiting your organization's services or products, or being a sponsor for any of GRA's upcoming symposia, please contact Mary Megarry at mmegarry@nossaman.com or 916-446-3626.
Sponsorship & Exhibitor Information Packet ˆ http://www.grac.org/se.doc

For more information about GRA's programs e-mail Kathy Snelson, GRA Executive Director at executive_director@grac.org.

GRA is dedicated to resource management that protects and improves groundwater
through education and technical leadership.

915 L St, Ste 1000 * Sacramento, CA 95814 * Ph: 916-446-3626 * Fx: 916-442-0382 * www.grac.org <http://www.grac.org/>

To be removed from this mailing list, please reply to this message and write Remove subject.

------ End of Forwarded Message

FW: NCTimes-Sifuentes: Region: Decision on tap for 'boutique' wineries

2008-04-19T13:59:00.003-07:00

------ Forwarded Message
From: <char.ayers@att.net>
Date: Sat, 19 Apr 2008 17:11:32 +0000
To: Charlene Ayers <char.ayers@att.net>
Subject: NCTimes-Sifuentes: Region: Decision on tap for 'boutique' wineries

Saturday, April 19, 2008
Last modified Friday, April 18, 2008 12:26 PM PDT

REGION: Decision on tap for 'boutique' wineries

By EDWARD SIFUENTES - Staff Writer

County supervisors are scheduled to decide Wednesday whether small wineries that want to offer tasting rooms will be required to pay for expensive building permits.

Winemakers in the Ramona area say that requiring them to pay for the permits and environmental studies to open tasting rooms would dash their hopes of reviving their once-booming industry.

County officials have been struggling to find a compromise between vintners and their neighbors to create an ordinance that will allow "boutique" wineries to open tasting rooms without having to pay for the studies, which can cost more than $40,000.

In their recommendation to the supervisors, county planners said the ordinance should require winery operators to pay for environmental impact reports.

Despite those recommendations, the county Planning Commission, in a split vote on April 4, sided with winemakers and ruled environmental studies weren't necessary. It will be up to the supervisors to make the final decision.

Carolyn Harris, a member of the Ramona Valley Vineyards Association, said that if winemakers are required to produce an environmental study to open a tasting room, few could afford to do so.

"I don't think you're going to see too many major-use permits" to build tasting rooms, Harris said Friday. "I can guarantee you that."

The supervisors meeting is scheduled for 9 a.m. Wednesday at the county administration building in San Diego.

Contact staff writer Edward Sifuentes at (760) 740-3511 or esifuentes@nctimes.com.

------ End of Forwarded Message

FW: BlogOfSD-Flannery: The missing email. Sanders has a decision to make. 04/19/08

2008-04-19T13:59:00.001-07:00

------ Forwarded Message
From: <char.ayers@att.net>
Date: Sat, 19 Apr 2008 17:04:16 +0000
To: Charlene Ayers <char.ayers@att.net>
Subject: BlogOfSD-Flannery: The missing email. Sanders has a decision to make. 04/19/08

-------------- Forwarded Message: --------------
From: "Pat Flannery - Blog" <pat@blogofsandiego.com>
To: "Pat Flannery" <pat@blogofsandiego.com>
Subject: The missing email. Sanders has a decision to make. 04/19/08
Date: Sat, 19 Apr 2008 08:16:50 +0000

The missing email. Sanders has a decision to make. 04/19/08
by Pat Flannery

Former Assistant Chief Operating Officer (ACOO) for the City of San Diego, Rick Reynolds, filed a lawsuit <http://www.blogofsandiego.com/Sanders/IP_Gate/reynoldssuit.pdf> this week against the City. Before being fired by Sanders on September 28, 2007 he had been responsible for nine City Depart ments, supervised approximately 1,400 City employees and managed more than $300 million of the City's annual budget. He has been unable to find a job since.

Mr. Reynolds' troubles began when the City's email screening system flagged an email from Fred Sainz, Director of Communications (DOC) for the Office of the Mayor, to Bob Kittle, editorial writer for the San Diego Union-Tribune, dated September 7, 2007. The email was snagged by the system because it contained numerous instances of the "f" word in reference to certain staff at the City Attorney's office and certain members of the City Council.

Chief Information Officer <http://www.sandiego.gov/ocio/index.shtml> (CIO), Matt McGarvey, brought the offending email to his superior, ACOO Rick Reynolds, who in turn brought it to his superior, Chief Operating Officer (COO) Jay Goldstone. As it happens, Matt McGarvey quit the City this week to work nearer his home in Vista. I guess he "needed to spend more time with his family".

This particular spate of nastiness against Aguirre started with a blast email <http://www.blogofsandiego.com/Aguirre/ItalianoEmail.pdf> from MEA <https://www.sdmea.org/> leader Judie Italiano to her 4,800 union members calling Aguirre a "mad man". It brought this warning <http://www.blogofsandiego.com/Aguirre/Chadwick-Italiano.pdf> dated August 9, 2007, from Scott Chadwick the City's Labor Relations Director, regarding its "inappropriate use of the City's email system".

Despite being given a copy of an obscene and abusive email written by Sainz, Jay Goldstone his boss, did nothing about either the obscenity or the "inappropriate use of the City's email system". Far from being reprimanded, Sainz continued to work with his buddy Kittle (an outside person who does not work for the City) in an effort to destroy Mike Aguirre and to discredit those working for him - i.e. City staff!

Sainz obtained (and presumably still has) the IP addresses of all the computers on the desks of everybody who works in the City Attorney's office. Whoever heard of such a thing? Did he plan on impersonating Mike Aguirre or members of his staff over the Internet? Why else would he do such a thing? Did he hand those IP addresses to Bob Kittle? What use has Kittle put them to in the meantime?

Read the lawsuit fil ed this week <http://www.blogofsandiego.com/Sanders/IP_Gate/reynoldssuit.pdf> for a complete description of how Sainz ordered and obtained the IP addresses from the CIO's office on September 26, 2007. If it weren't for the fact that the Chief Information Officer <http://www.sandiego.gov/ocio/index.shtml> (CIO), Matt McGarvey, was on vacation that day we may never have found out about it. In the absence of his boss, a subordinate at the CIO brought the IP request to McGarvey's boss, Rick Reynolds.

Thank goodness there were still a few honorable people left in the City at the time and that Rick Reynolds was one of them. Like everybody in San Diego Reynolds knew that Mayor Sanders was waging a war to get rid of City Attorney Mike Aguirre. Sanders hadn't particularly liked being called corrupt over Sunroad a few weeks earlier.

It is clear that Sainz' boss, Chief Operating Officer Jay Goldstone, conspiring to cover up Sainz's actions. But "what did the Mayor know and when did he know it?". For the Mayor the parallel with Watergate is obvious. He can no longer blame his staff.

Attempting to gain access to the computer of the City Attorney is the electronic equivalent of the Watergate bag job. That cover-up led to Nixon's last helicopter ride out of the White House - in disgrace.

Rick Reynolds, an ex-Navy officer and straight shooter, protested Sainz action in a memo to Goldstone dated September 27, 2007:

"the information could be combined with network logs or other trackable system information, resulting in individually identifiable information which would typically not be available for or subject to disclosure. In addition, disclosure of our internal IP addresses to any unauthorized parties would violate system security policies by providing information that could be used maliciously for 'hacking' or gaining unauthorized access, to City systems (either internally or externally)."

Goldstone's reaction: he fired Reynolds! Loyalty trumps honor in the Sanders' administration. Goldstone chose loyalty to his boss (and to his $250,000 salary).

But now for the interesting part.

Pursuant to a Public Records Request, I have Fred Sainz's emails for the period concerned, August <http://www.blogofsandiego.com/Sanders/IP_Gate/August.pdf> , September <http://www.blogofsandiego.com/Sanders/IP_Gate/September.pdf> and October <http://www.blogofsandiego.com/Sanders/IP_Gate/October.pdf> 2007. They make interesting reading for other reasons too. More of that later.

But surprise, surprise! The obscene email to Bob Kittle dated September 7, 2007 is missing! Perhaps Fred considered it too much for delicate ears such as mine or yours.

I don't know what the legal penalty for such a breach of the Public Records Act (PRA) is, but I can safely say that the political penalty for withholding such a document of great public interest as that email has now become, may be a "for real" picture of Sanders as the one above. And he will not be boarding a Marine helicopter.

For more background information and links to various documents associated with this story, read my blogs dated September 9, 2007 <http://www.blogofsandiego.com/Archives/BlogOfSanDiego07_2.htm#09/30/07> , October 2, 2007 <http://www.blogofsandiego.com/Archives/BlogOfSanDiego07_2.htm#10/02/07> and October 14, 2007 <http://www.blogofsandiego.com/Archives/BlogOfSanDiego07_2.htm#10/14/07a> . It seems that our Mayor's Office together with our monopoly newspaper the U-T, has dedicated an enormous amount of City and U-T time trying to discredit Mike Aguirre. Why?

Do you still think Mike is a little paranoid? Or is there something to what he says is going on? Is Sanders really corrupt, as Aguirre says he is? Is that what this is all about? Is that why they need to get rid of Aguirre so badly? We know there is a lot of money at stake for the unions in the pension issue. Is our City government all about special interest? Are Aguirre and Frye the only ones not in it for the money?

Sanders could clear the IP-gate issue up very quickly, by releasing the emails that were withheld in the above PRA request. But then he may have to fire Sainz, maybe even Goldstone. Stay tuned.

Click here <http://www.blogofsandiego.com/> for the latest „Blog of San Diego‰ by Pat Flannery

------ End of Forwarded Message

FW: Where's the $$: Guidestar: Don't Take Chances - Identify Supporting Organizations

2008-04-19T13:58:00.005-07:00

------ Forwarded Message
From: <char.ayers@att.net>
Date: Sat, 19 Apr 2008 06:20:08 +0000
To: Charlene Ayers <char.ayers@att.net>
Subject: Where's the $$: Guidestar: Don't Take Chances - Identify Supporting Organizations

-------------- Forwarded Message: --------------
From: xxxxx
To: <char.ayers@att.net>
Subject: RE: Guidestar: Don't Take Chances - Identify Supporting Organizations
Date: Fri, 18 Apr 2008 18:37:46 +0000

Charlene

California passed a Non-Profit Integrity Act in 2004 that authorized regulation of non-profits by the Attorney General. The AG did set-up a website that Ranters might find interesting at http://ag.ca.gov/charities/index.php. Problem is that the Œsearch function‚ to obtain information on non-profit tax returns, etc. doesn‚t work (and the website refers parties to GuideStar - which charges a fee - as a first source of information).

By law, non-profits must make annual filings with the AG‚s Registry of Charitable Trusts and pay a fee; which is supposed to subsidize a system of information access for public use.

According to the AG website, there are 150,000 registered charitable trusts in California. At a median filing fee of $125 per year fee, it would seem that over $15 million is raised annually to operate the AG‚s website for trusts, including a public access search feature. As with a lot of other stuff in this state, the money seems to go in to Sacramento but the prepaid service isn‚t available.

xxxxxx

-------------- Forwarded Message: --------------
From: "GuideStar" <customerservice@guidestar.org>
To: "" <char.ayers@att.net>
Subject: Don't Take Chances - Identify Supporting Organizations
Date: Fri, 18 Apr 2008 17:05:12 +0000

Make sure you receive our e-mails.
Please add customerservice@guidestar.org to your address book.
<http://www.guidestar.org/services/cc.jsp?utm_source=E-mail&utm_medium=E-mail%2B-%2BOptin%2Bw%2Fout%2BCharity%2BCheck&utm_term=Banner%2B-%2BE-mail%2B-%2BOptin%2Bw%2Fout%2BCharity%2BCheck&utm_content=Dice%2B-%2BE-mail%2B-%2BOptin%2Bw%2Fout%2BCha> <http://www.guidestar.org/services/cc.jsp?utm_source=E-mail&amp;utm_medium=E-mail%2B-%2BOptin%2Bw%2Fout%2BCharity%2BCheck&amp;utm_term=Banner%2B-%2BE-mail%2B-%2BOptin%2Bw%2Fout%2BCharity%2BCheck&amp;utm_content=Dice%2B-%2BE-mail%2B-%2BOptin%2Bw>
Avoid fines with GuideStar Charity Check <http://www.guidestar.org/services/cc.jsp?utm_source=E-mail&utm_medium=E-mail%2B-%2BOptin%2Bw%2Fout%2BCharity%2BCheck&utm_term=Charity%2BCheck%2BText%2B-%2BE-mail%2B-%2BOptin%2Bw%2Fout%2BCharity%2BCheck&utm_content=Dice%2B-%2BE-mail%2B-%2BOptin> <http://www.guidestar.org/services/cc.jsp?utm_source=E-mail&amp;utm_medium=E-mail%2B-%2BOptin%2Bw%2Fout%2BCharity%2BCheck&amp;utm_term=Charity%2BCheck%2BText%2B-%2BE-mail%2B-%2BOptin%2Bw%2Fout%2BCharity%2BCheck&amp;utm_content=Dice%2B-%2BE-mail> .

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give a gift or grant with GuideStar Charity Check <http://www.guidestar.org/services/cc.jsp?utm_source=E-mail&utm_medium=E-mail%2B-%2BOptin%2Bw%2Fout%2BCharity%2BCheck&utm_term=Charity%2BCheck%2BText%2B-%2BE-mail%2B-%2BOptin%2Bw%2Fout%2BCharity%2BCheck&utm_content=Dice%2B-%2BE-mail%2B-%2BOptin> <http://www.guidestar.org/services/cc.jsp?utm_source=E-mail&amp;utm_medium=E-mail%2B-%2BOptin%2Bw%2Fout%2BCharity%2BCheck&amp;utm_term=Charity%2BCheck%2BText%2B-%2BE-mail%2B-%2BOptin%2Bw%2Fout%2BCharity%2BCheck&amp;utm_content=Dice%2B-%2BE-mail> .
<http://www.guidestar.org/services/cc.jsp?utm_source=E-mail&utm_medium=E-mail%2B-%2BOptin%2Bw%2Fout%2BCharity%2BCheck&utm_term=Button%2B-%2BE-mail%2B-%2BOptin%2Bw%2Fout%2BCharity%2BCheck&utm_content=Dice%2B-%2BE-mail%2B-%2BOptin%2Bw%2Fout%2BCha> <http://www.guidestar.org/services/cc.jsp?utm_source=E-mail&amp;utm_medium=E-mail%2B-%2BOptin%2Bw%2Fout%2BCharity%2BCheck&amp;utm_term=Button%2B-%2BE-mail%2B-%2BOptin%2Bw%2Fout%2BCharity%2BCheck&amp;utm_content=Dice%2B-%2BE-mail%2B-%2BOptin%2Bw>
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FW: Interesting thought: No such thing: War of words and paranoia: Of course!: GrossmontUHSD application?: Quatum Meruit: Alpine's finest sued again...

2008-04-19T13:58:00.004-07:00

------ Forwarded Message
From: <char.ayers@att.net>
Date: Sat, 19 Apr 2008 05:49:16 +0000
To: Charlene Ayers <char.ayers@att.net>
Subject: Interesting thought: No such thing: War of words and paranoia: Of course!: GrossmontUHSD application?: Quatum Meruit: Alpine's finest sued again...

-------------- Forwarded Message: --------------
From: xxxxxx
To: <char.ayers@att.net>
Subject: RE: No such thing: War of words and paranoia: Of course!: GrossmontUHSD application?: Quatum Meruit: Alpine's finest sued again...
Date: Sat, 19 Apr 2008 02:47:59 +0000

Interesting thought. My forebears were Philadelphia Quaker merchants; couldn‚t bear to fight in the Revolution but certainly supported it by giving-over horses, feed and woolens. But they were also slave-owners and eager to get their fingers into every aspect of society that benefited the business ˆ including government, etc.

From: char.ayers@att.net [mailto:char.ayers@att.net]
Sent: Friday, April 18, 2008 7:24 PM
To: Charlene Ayers
Subject: No such thing: War of words and paranoia: Of course!: GrossmontUHSD application?: Quatum Meruit: Alpine's finest sued again...

-------------- Forwarded Message: --------------
From: xxxx
To: <char.ayers@att.net>
Subject: Re: War of words and paranoia: Of course!: GrossmontUHSD application?: Quatum Meruit: Alpine's finest sued again...
Date: Sat, 19 Apr 2008 00:55:15 +0000

The Founding Fathers understood no such thing.

Those founding fathers....understood the importance of separating church and State, keeping "politics out of public schools and church"... and keeping "church out of politics and public schools."

------ End of Forwarded Message

FW: What "all" came to be...: War of words and paranoia: Of course!: GrossmontUHSD application?: Quatum Meruit: Alpine's finest sued again...

2008-04-19T13:58:00.003-07:00

------ Forwarded Message
From: <char.ayers@att.net>
Date: Sat, 19 Apr 2008 02:26:29 +0000
To: Charlene Ayers <char.ayers@att.net>
Subject: What "all" came to be...: War of words and paranoia: Of course!: GrossmontUHSD application?: Quatum Meruit: Alpine's finest sued again...

-------------- Forwarded Message: --------------
From: "Booklady" <book1@aabol.com>
To: <char.ayers@att.net>
Subject: Re: War of words and paranoia: Of course!: GrossmontUHSD application?: Quatum Meruit: Alpine's finest sued again...
Date: Sat, 19 Apr 2008 01:15:05 +0000

If I may be allowed to enter a small statement, without changing the original subject of this series. What this ranter indicates is that the First Amendment separates Church from State. It certainly does, but it also says that Congress (the government) may not "prohibit the free exercise thereof, or abridging the freedom of speech..." While it says Congress shall not establish a religion, that means a state mandated religion, a situation the early settlers left behind in England. Yet the government (through the schools and courts) does deny the free exercise thereof every time it denies people (of all religions) the right to pray in public wherever they are at the time - a graduation ceremony or a basketball game. Unfortunately our founding fathers, of which some were my ancestors (who settled the Virginia colonies) could not possibly conceive what would come in today's world. They wanted freedom for all, without persecution, but they couldn't imagine what "all" would come to be.

Nancy Slaff

----- Original Message -----
From: char.ayers@att.net
To: Charlene Ayers <mailto:char.ayers@att.net>
Sent: Friday, April 18, 2008 5:35 PM
Subject: War of words and paranoia: Of course!: GrossmontUHSD application?: Quatum Meruit: Alpine's finest sued again...

-------------- Forwarded Message: --------------
From: xxxxxx
To: char.ayers@att.net
Subject: Re: Of course!: GrossmontUHSD application?: Quatum Meruit: Alpine's finest sued again...
Date: Fri, 18 Apr 2008 23:08:15 +0000

DIV { MARGIN: 0px }

This Ranter seems straight, but I am only vaguely familiar with James Hartline or his report... seems tabloid like and right of right in partisan politics agenda itself. To call Jim Kelly a Liberal Republican is laughable...he may be just right of the extreme right wing, but that leaves miles of real estate before one can be labeled "A liberal" or even a moderate Republican.

Kelly calls the Teachers Union a liberal group, Ha ... the vast majority of teachers in East County are conservative Republicans. Yes, left of Kelly but still far away from liberal. And School Boards are non-partisan elected positions... lest Kelly, Nehring, and their also right wing cohorts Schreiber and Udall wrestle with their war of words and paranoia... leave us be... get on private school boards and out of the public domain! And Bill Wells is a Skyliner... figures... the evangelicals are the power grabbers within themselves.

Seems to many that, Kelly, Schreiber, this Hartline person... they all are blind to freedom of speech, freedom of religion, freedom from discrimination, and just about every freedom the constitution was meant to provide under TJ's, the Adams's , Franklins', George Washington as they wrote it. And the lot that wrote the Federalist Papers, thus explained background giving great insight into their intent for our constitution.

Those founding fathers were Gods' children, very religious, but they understood the importance of separating church and State, keeping "politics out of public schools and church"... and keeping "church out of politics and public schools."

I'm a sensible Christian... floating in hope and grasping at reasonable conservative space... thinking both major political parties are controlled by extremist idiots. I'm appalled at the evangelical infighting that puts Kelly against Schreiber, just an example of evangelical power grabs and their destruction of the Republican party.

When does "one nation with liberty and justice for all" become the focus of our citizens' freedoms, and when will the discriminating wrath of the evangelical right understand that they can't mandate their bias on the open minded Christians and other religious denominations? Let God be their only true judge... I certainly can't understand enough to make any sense of their mess at GUHSD.

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

----- Original Message ----
From: "char.ayers@att.net" <char.ayers@att.net>
To: Charlene Ayers <char.ayers@att.net>
Sent: Friday, April 18, 2008 2:22:26 PM
Subject: Of course!: GrossmontUHSD application?: Quatum Meruit: Alpine's finest sued again...

-------------- Forwarded Message: --------------
From: xxxx
To: <char.ayers@att.net>
Subject: RE: GrossmontUHSD application?: Quatum Meruit: Alpine's finest sued again...
Date: Fri, 18 Apr 2008 18:58:55 +0000

Of course it matters who we elect. T Ryan¢s administration of GUHSD and Prop H was incompetent. The Board of Trustees proved incompetent too by exercising zero oversight (made abundantly clear by the Bond Advisory Committee¢s Finance Report).

Ryan became superintendent in part by virtue of church connections with trustee Kelly; who also knew Ryan from the undistinguished tenures of both of them in the County Office of Education.   There was no rigorous ¡search¢ process to find a top-notch proven superintendent once Kelly and his cronies Cass and Wells decided Ward Granger had to go.

Some of the internecine church-connected stuff at play has been reported here: http://jameshartlinereport.blogspot.com/2006/10/san-diegos-political-wars-_116223135418945689.html.

From: char.ayers@att.net [mailto:char.ayers@att.net]
Sent: Friday, April 18, 2008 10:46 AM
To: Charlene Ayers
Subject: GrossmontUHSD application?: Quatum Meruit: Alpine's finest sued again...

-------------- Forwarded Message: --------------
From: xxxx
To: char.ayers@att.net
Subject: Re: Quatum Meruit: Alpine's finest sued again...
Date: Fri, 18 Apr 2008 16:16:31 +0000

Very interesting... "Quantum Meriut... Quasi Contract". I wonder how this legal concept would apply to Grossmont Union should they end up defaulting on their "Quasi Contract" (Prop H) with the public (voters) promising a new 12th high school?

The sad reality (in this case how do you hold a public entity, "GUHSD", responsible for management incompetence) is that courts would likely treat a school district with more latitude than a commercial entity or private business person. Taxpayers would essentially be taking legal action against themselves, since ultimately our taxes pay for their "GUHSD" mismanagement and fiscal irresponsibility!

Case in point,"It really does matter who we elect to represent us"... at GUHSD our elected trustees hired Terry Ryan.. who took Prop H from poor planning before he arrived at GUHSD to a state of total collapse during his tenure... and his staff aided and abetted in the cover up, and left overs seem to continue the cover-up post T Ryan... don't figure!

Let's trust new Supt. Collins can see the past injustices (incompetence's) and right the "Titanic" of school bond management screw-ups! He seems to be on the right track so far... if time doesn't run out before its' to late to fix things, hmmmm... maybe "Quasi Contract" taxpayer revolt!

XxXxXx

: )

----- Original Message ----
From: "char.ayers@att.net" <char.ayers@att.net>
To: Charlene Ayers <char.ayers@att.net>
Sent: Thursday, April 17, 2008 6:22:23 PM
Subject: Quatum Meruit: Alpine's finest sued again...

-------------- Forwarded Message: --------------
From: xxxxx
To: <char.ayers@att.net>
Subject: RE: Alpine's finest sued again...
Date: Thu, 17 Apr 2008 23:17:17 +0000

Great work Charlene!
Please keep us posted.
I'm certainly rusted up in Latin so I looked up the quantum meruit
phrase.
It seems to bail down to...you screwed someone and now have to pay.
Small wonder with these jerks. Wonder how many more will flare up?
xxxxx

quantum meruit



[Latin, As much as is deserved.] In the law of contracts, a doctrine by which the law infers a promise to pay a reasonable amount for labor and materials furnished, even in the absence of a specific legally enforceable agreement between the parties.
A party who performs a valuable service for another party usually enters into a written contract or agreement before performing the service, particularly when the party is in the business of performing that service. For instance, most professional roofers hired to repair a roof insist on having a formal agreement with the owner of the house before beginning the repairs. In the absence of an agreement or formal contract, the roofer may be unable to recover losses in court if the transaction goes awry. Quantum meruit is a judicial doctrine that allows a party to recover losses in the absence of an agreement or binding contract.
By allowing the recovery of the value of labor and materials, quantum meruit prevents the Unj ust Enrichment of the other party. A person would be unjustly enriched if she received a benefit and did not pay for it when fairness required that payment be made. Quantum meruit can be used to address situations where no contract exists or where a contract exists but for some reason is unenforceable. In such cases courts imply a contract to avoid an unjust result. Such contracts are called quasi contracts.
Quantum meruit also describes a method used to determine the exact amount owed to a person. A court may measure this amount either by determining how much the defendant has benefited from the transaction or by determining how much the plaintiff has expended in materials and services.
The doctrine of quantum meruit was developed in the seventeenth century by the royal Court of Chancery in England. This court worked apart from the common-law courts to g rant r elief that was due under general principles of fairness but could not be ob tained under the strict legal prec e dents of the common-law courts. The system of basing decisions on basic principles of fairness became known as Equity <http://legal-dictionary.thefreedictionary.com/Equity> . The Chancery Court developed quantum meruit along with other equitable doctrines that allowed a person to recover or collect for other valuable acts performed without a contract, such as the delivery of goods or money. Some of the first cases of quantum meruit involved recovery by persons in so-called trades of common calling, such as innkeepers, tailors, blacksmiths, and tanners.
As service industries increased, so did claims for recovery under quantum meruit, and the doctrine was adopted by colonial courts. U.S. courts now apply quantum meruit principles in a wide variety of cases, including cases involving attorneys' fees, physicians' fee s, con struction work, government contracts, and even domestic rel ations suits for "palimon y. " Palimony is a form of financial support that is similar to Alimony <http://legal-dictionary.thefreedictionary.com/Alimony> but arises out of a nonmarital relationship.
Courts have crafted four basic elements that the plaintiff must prove before she may recover under the doctrine of quantum meruit: (1) that valuable services were rendered; (2) that the services were rendered to the defendant; (3) that the services were accepted, used, and enjoyed by the defendant; and (4) that the defendant was aware that the plaintiff, in performing the services, expected to be paid by the defendant.
The case of Montes v. Naismith and Trevino Construction Co., 459 S.W.2d 691 (Tex. Civ. App. 1970), illustrates how quantum meruit works. In August 1968 Abraham Montes began oral negotiations with Abdon Perez regarding improvements Montes sought for h is homestead. Perez testified that Montes brought a cont ract to him more than once, but that the contract was never complete, and no contract was ever signed. Despite the lack of a contract, Perez arranged for the Naismith and Trevino Construction Company to do the work on Montes's house. Montes paid $1,800 to Perez, and Perez withdrew from the transaction.
Naismith and Trevino made improvements on Montes's homestead for a total value of $3,835.36, but Montes refused to pay for the improvements. Naismith and Trevino brought suit against Montes, arguing that even though they did not have a contract with Montes, they should be paid for their labor and the materials they used in making improvements to his house. The court agreed and entered judgment for Naismith and Trevino in the amount of $1,760, the amount of the services and materials provided by Naismith and Trevino less the amount Montes had paid to Perez. The court based its ruling on the theory of quantum meruit.
T he d oc trine of quantum meruit is contained in court d ecisio ns an d, to a lesser extent, in statutes. It can be a confusing doctrine: many courts mix quantum meruit with the similar principles of restitution and unjust enrichment. Restitution is a broad term that describes measures taken by a civil or criminal defendant to restore a victim to the status that he enjoyed before the defendant caused a loss or injury. Unjust enrichment is an equitable approach to civil relationships that covers more than just contractual situations. A civil plaintiff may recover under the doctrine of unjust enrichment by showing (1) that the plaintiff conferred a benefit on the defendant; (2) that the defendant appreciated or knew of the benefit; and (3) that, under the circumstances, it was unfair for the defendant to accept or retain the benefit without paying for it. Most courts consider quantum meruit a particular form of legal restitution that follows the basic restitutionary principle of preventing un jus t enrichment.
< /TBODY >

From: char.ayers@att.net
To: char.ayers@att.net
Subject: Alpine's finest sued again...
Date: Thu, 17 Apr 2008 19:45:15 +0000

-------------- Forwarded Message: --------------
From: xxxxxx
To: "Charlene Ayers" <char.ayers@att.net>
Subject: new lawsuit
Date: Thu, 17 Apr 2008 17:41:54 +0000

Lecg, LLC. v. REI-NC, LLC.; Gonya Enterprises, Inc.; Paul Gonya; Kenneth Stroud; David Waitley
4/15/2008 37-2008-00082011 Complaint for breach of contract; promissory fraud; account stated; quantum meruit; declaratory relief. Defendants REI breached the agreement by failing to pay for services rendered by Mack Barclay and Lecg. Defendants have failed to pay the outstanding balance of over $172,000.00

------ End of Forwarded Message

FW: No such thing: War of words and paranoia: Of course!: GrossmontUHSD application?: Quatum Meruit: Alpine's finest sued again...

2008-04-19T13:58:00.002-07:00

------ Forwarded Message
From: <char.ayers@att.net>
Date: Sat, 19 Apr 2008 02:24:16 +0000
To: Charlene Ayers <char.ayers@att.net>
Subject: No such thing: War of words and paranoia: Of course!: GrossmontUHSD application?: Quatum Meruit: Alpine's finest sued again...

-------------- Forwarded Message: --------------
From: xxxx
To: <char.ayers@att.net>
Subject: Re: War of words and paranoia: Of course!: GrossmontUHSD application?: Quatum Meruit: Alpine's finest sued again...
Date: Sat, 19 Apr 2008 00:55:15 +0000

The Founding Fathers understood no such thing.

Those founding fathers....understood the importance of separating church and State, keeping "politics out of public schools and church"... and keeping "church out of politics and public schools."

------ End of Forwarded Message

FW: War of words and paranoia: Of course!: GrossmontUHSD application?: Quatum Meruit: Alpine's finest sued again...

2008-04-19T13:58:00.001-07:00

------ Forwarded Message
From: <char.ayers@att.net>
Date: Sat, 19 Apr 2008 00:35:37 +0000
To: Charlene Ayers <char.ayers@att.net>
Subject: War of words and paranoia: Of course!: GrossmontUHSD application?: Quatum Meruit: Alpine's finest sued again...

-------------- Forwarded Message: --------------
From: xxxxxx
To: char.ayers@att.net
Subject: Re: Of course!: GrossmontUHSD application?: Quatum Meruit: Alpine's finest sued again...
Date: Fri, 18 Apr 2008 23:08:15 +0000

This Ranter seems straight, but I am only vaguely familiar with James Hartline or his report... seems tabloid like and right of right in partisan politics agenda itself. To call Jim Kelly a Liberal Republican is laughable...he may be just right of the extreme right wing, but that leaves miles of real estate before one can be labeled "A liberal" or even a moderate Republican.

Kelly calls the Teachers Union a liberal group, Ha ... the vast majority of teachers in East County are conservative Republicans. Yes, left of Kelly but still far away from liberal. And School Boards are non-partisan elected positions... lest Kelly, Nehring, and their also right wing cohorts Schreiber and Udall wrestle with their war of words and paranoia... leave us be... get on private school boards and out of the public domain! And Bill Wells is a Skyliner... figures... the evangelicals are the power grabbers within themselves.

Seems to many that, Kelly, Schreiber, this Hartline person... they all are blind to freedom of speech, freedom of religion, freedom from discrimination, and just about every freedom the constitution was meant to provide under TJ's, the Adams's , Franklins', George Washington as they wrote it. And the lot that wrote the Federalist Papers, thus explained background giving great insight into their intent for our constitution.

Those founding fathers were Gods' children, very religious, but they understood the importance of separating church and State, keeping "politics out of public schools and church"... and keeping "church out of politics and public schools."

I'm a sensible Christian... floating in hope and grasping at reasonable conservative space... thinking both major political parties are controlled by extremist idiots. I'm appalled at the evangelical infighting that puts Kelly against Schreiber, just an example of evangelical power grabs and their destruction of the Republican party.

When does "one nation with liberty and justice for all" become the focus of our citizens' freedoms, and when will the discriminating wrath of the evangelical right understand that they can't mandate their bias on the open minded Christians and other religious denominations? Let God be their only true judge... I certainly can't understand enough to make any sense of their mess at GUHSD.

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

----- Original Message ----
From: "char.ayers@att.net" <char.ayers@att.net>
To: Charlene Ayers <char.ayers@att.net>
Sent: Friday, April 18, 2008 2:22:26 PM
Subject: Of course!: GrossmontUHSD application?: Quatum Meruit: Alpine's finest sued again...

-------------- Forwarded Message: --------------
From: xxxx
To: <char.ayers@att.net>
Subject: RE: GrossmontUHSD application?: Quatum Meruit: Alpine's finest sued again...
Date: Fri, 18 Apr 2008 18:58:55 +0000

Of course it matters who we elect. T Ryan¢s administration of GUHSD and Prop H was incompetent. The Board of Trustees proved incompetent too by exercising zero oversight (made abundantly clear by the Bond Advisory Committee¢s Finance Report).

Ryan became superintendent in part by virtue of church connections with trustee Kelly; who also knew Ryan from the undistinguished tenures of both of them in the County Office of Education.   There was no rigorous ¡search¢ process to find a top-notch proven superintendent once Kelly and his cronies Cass and Wells decided Ward Granger had to go.

Some of the internecine church-connected stuff at play has been reported here: http://jameshartlinereport.blogspot.com/2006/10/san-diegos-political-wars-_116223135418945689.html.

From: char.ayers@att.net [mailto:char.ayers@att.net]
Sent: Friday, April 18, 2008 10:46 AM
To: Charlene Ayers
Subject: GrossmontUHSD application?: Quatum Meruit: Alpine's finest sued again...

-------------- Forwarded Message: --------------
From: xxxx
To: char.ayers@att.net
Subject: Re: Quatum Meruit: Alpine's finest sued again...
Date: Fri, 18 Apr 2008 16:16:31 +0000

Very interesting... "Quantum Meriut... Quasi Contract". I wonder how this legal concept would apply to Grossmont Union should they end up defaulting on their "Quasi Contract" (Prop H) with the public (voters) promising a new 12th high school?

The sad reality (in this case how do you hold a public entity, "GUHSD", responsible for management incompetence) is that courts would likely treat a school district with more latitude than a commercial entity or private business person. Taxpayers would essentially be taking legal action against themselves, since ultimately our taxes pay for their "GUHSD" mismanagement and fiscal irresponsibility!

Case in point,"It really does matter who we elect to represent us"... at GUHSD our elected trustees hired Terry Ryan.. who took Prop H from poor planning before he arrived at GUHSD to a state of total collapse during his tenure... and his staff aided and abetted in the cover up, and left overs seem to continue the cover-up post T Ryan... don't figure!

Let's trust new Supt. Collins can see the past injustices (incompetence's) and right the "Titanic" of school bond management screw-ups! He seems to be on the right track so far... if time doesn't run out before its' to late to fix things, hmmmm... maybe "Quasi Contract" taxpayer revolt!

XxXxXx

: )

----- Original Message ----
From: "char.ayers@att.net" <char.ayers@att.net>
To: Charlene Ayers <char.ayers@att.net>
Sent: Thursday, April 17, 2008 6:22:23 PM
Subject: Quatum Meruit: Alpine's finest sued again...

-------------- Forwarded Message: --------------
From: xxxxx
To: <char.ayers@att.net>
Subject: RE: Alpine's finest sued again...
Date: Thu, 17 Apr 2008 23:17:17 +0000

Great work Charlene!
Please keep us posted.
I'm certainly rusted up in Latin so I looked up the quantum meruit
phrase.
It seems to bail down to...you screwed someone and now have to pay.
Small wonder with these jerks. Wonder how many more will flare up?
xxxxx

quantum meruit



[Latin, As much as is deserved.] In the law of contracts, a doctrine by which the law infers a promise to pay a reasonable amount for labor and materials furnished, even in the absence of a specific legally enforceable agreement between the parties.
A party who performs a valuable service for another party usually enters into a written contract or agreement before performing the service, particularly when the party is in the business of performing that service. For instance, most professional roofers hired to repair a roof insist on having a formal agreement with the owner of the house before beginning the repairs. In the absence of an agreement or formal contract, the roofer may be unable to recover losses in court if the transaction goes awry. Quantum meruit is a judicial doctrine that allows a party to recover losses in the absence of an agreement or binding contract.
By allowing the recovery of the value of labor and materials, quantum meruit prevents the Unj ust Enrichment of the other party. A person would be unjustly enriched if she received a benefit and did not pay for it when fairness required that payment be made. Quantum meruit can be used to address situations where no contract exists or where a contract exists but for some reason is unenforceable. In such cases courts imply a contract to avoid an unjust result. Such contracts are called quasi contracts.
Quantum meruit also describes a method used to determine the exact amount owed to a person. A court may measure this amount either by determining how much the defendant has benefited from the transaction or by determining how much the plaintiff has expended in materials and services.
The doctrine of quantum meruit was developed in the seventeenth century by the royal Court of Chancery in England. This court worked apart from the common-law courts to g rant r elief that was due under general principles of fairness but could not be ob tained under the strict legal prece dents of the common-law courts. The system of basing decisions on basic principles of fairness became known as Equity <http://legal-dictionary.thefreedictionary.com/Equity> . The Chancery Court developed quantum meruit along with other equitable doctrines that allowed a person to recover or collect for other valuable acts performed without a contract, such as the delivery of goods or money. Some of the first cases of quantum meruit involved recovery by persons in so-called trades of common calling, such as innkeepers, tailors, blacksmiths, and tanners.
As service industries increased, so did claims for recovery under quantum meruit, and the doctrine was adopted by colonial courts. U.S. courts now apply quantum meruit principles in a wide variety of cases, including cases involving attorneys' fees, physicians' fee s, con struction work, government contracts, and even domestic rel ations suits for "palimony. " Palimony is a form of financial support that is similar to Alimony <http://legal-dictionary.thefreedictionary.com/Alimony> but arises out of a nonmarital relationship.
Courts have crafted four basic elements that the plaintiff must prove before she may recover under the doctrine of quantum meruit: (1) that valuable services were rendered; (2) that the services were rendered to the defendant; (3) that the services were accepted, used, and enjoyed by the defendant; and (4) that the defendant was aware that the plaintiff, in performing the services, expected to be paid by the defendant.
The case of Montes v. Naismith and Trevino Construction Co., 459 S.W.2d 691 (Tex. Civ. App. 1970), illustrates how quantum meruit works. In August 1968 Abraham Montes began oral negotiations with Abdon Perez regarding improvements Montes sought for h is homestead. Perez testified that Montes brought a cont ract to him more than once, but that the contract was never complete, and no contract was ever signed. Despite the lack of a contract, Perez arranged for the Naismith and Trevino Construction Company to do the work on Montes's house. Montes paid $1,800 to Perez, and Perez withdrew from the transaction.
Naismith and Trevino made improvements on Montes's homestead for a total value of $3,835.36, but Montes refused to pay for the improvements. Naismith and Trevino brought suit against Montes, arguing that even though they did not have a contract with Montes, they should be paid for their labor and the materials they used in making improvements to his house. The court agreed and entered judgment for Naismith and Trevino in the amount of $1,760, the amount of the services and materials provided by Naismith and Trevino less the amount Montes had paid to Perez. The court based its ruling on the theory of quantum meruit.
T he d oc trine of quantum meruit is contained in court d ecisio ns an d, to a lesser extent, in statutes. It can be a confusing doctrine: many courts mix quantum meruit with the similar principles of restitution and unjust enrichment. Restitution is a broad term that describes measures taken by a civil or criminal defendant to restore a victim to the status that he enjoyed before the defendant caused a loss or injury. Unjust enrichment is an equitable approach to civil relationships that covers more than just contractual situations. A civil plaintiff may recover under the doctrine of unjust enrichment by showing (1) that the plaintiff conferred a benefit on the defendant; (2) that the defendant appreciated or knew of the benefit; and (3) that, under the circumstances, it was unfair for the defendant to accept or retain the benefit without paying for it. Most courts consider quantum meruit a particular form of legal restitution that follows the basic restitutionary principle of preventing un jus t enrichment.
< /TBODY >

From: char.ayers@att.net
To: char.ayers@att.net
Subject: Alpine's finest sued again...
Date: Thu, 17 Apr 2008 19:45:15 +0000

-------------- Forwarded Message: --------------
From: xxxxxx
To: "Charlene Ayers" <char.ayers@att.net>
Subject: new lawsuit
Date: Thu, 17 Apr 2008 17:41:54 +0000

Lecg, LLC. v. REI-NC, LLC.; Gonya Enterprises, Inc.; Paul Gonya; Kenneth Stroud; David Waitley
4/15/2008 37-2008-00082011 Complaint for breach of contract; promissory fraud; account stated; quantum meruit; declaratory relief. Defendants REI breached the agreement by failing to pay for services rendered by Mack Barclay and Lecg. Defendants have failed to pay the outstanding balance of over $172,000.00

------ End of Forwarded Message

FW: A mess of it: No such thing: War of words and paranoia: Of course!: GrossmontUHSD application?: Quatum Meruit: Alpine's finest sued again...

2008-04-19T13:58:00.000-07:00

------ Forwarded Message
From: <char.ayers@att.net>
Date: Sat, 19 Apr 2008 06:11:12 +0000
To: Charlene Ayers <char.ayers@att.net>
Subject: A mess of it: No such thing: War of words and paranoia: Of course!: GrossmontUHSD application?: Quatum Meruit: Alpine's finest sued again...

Charlene Sez: Actually, I think our first ranter whose comment is in quotes is correct.

To keep the concept of church and state in mind, I always think of Henry VIII. He had to change his religion to acquire one of his wives, and if Henry, the Catholic, became an Anglican, then EVERYBODY became an Anglican or visa versa. The Constitutional concept of separation of chuch and state was meant to make that simple; nobody has to change their religion because the King, or the government, says so...and the government better not say so either. Butt out.

In the case of the Grossmont Union High School District, religion and politics have made a mess of it. It's the kind of thing where both deserve a bad name.

-------------- Forwarded Message: --------------
From: char.ayers@att.net
To: char.ayers@att.net (Charlene Ayers)
Subject: No such thing: War of words and paranoia: Of course!: GrossmontUHSD application?: Quatum Meruit: Alpine's finest sued again...
Date: Sat, 19 Apr 2008 02:24:24 +0000

-------------- Forwarded Message: --------------
From: xxxx
To: <char.ayers@att.net>
Subject: Re: War of words and paranoia: Of course!: GrossmontUHSD application?: Quatum Meruit: Alpine's finest sued again...
Date: Sat, 19 Apr 2008 00:55:15 +0000

The Founding Fathers understood no such thing.

Those founding fathers....understood the importance of separating church and State, keeping "politics out of public schools and church"... and keeping "church out of politics and public schools."

------ End of Forwarded Message

FW: AP: California home prices fall 26 percent amid foreclosures

2008-04-18T16:39:00.000-07:00

------ Forwarded Message
From: <char.ayers@att.net>
Date: Fri, 18 Apr 2008 23:08:26 +0000
To: Charlene Ayers <char.ayers@att.net>
Subject: AP: California home prices fall 26 percent amid foreclosures

-------------- Forwarded Message: --------------
From: "Karen Gruber" <witchywoman@earthlink.net>
Subject: California home prices fall 26 percent amid foreclosures
Date: Fri, 18 Apr 2008 18:01:12 +0000

Associated Press 4/17/08

Karen Gruber
witchywoman@earthlink.net
By Associated Press <file:///C:/Documents%20and%20Settings/Owner/Local%20Settings/Temp/C9AAC354-D1BE-4847-80A5-305CC536BC94/http://www.forexfactory.com/member.php?u=35334> , Today 6:27pm, Topic Economic Indicators <file:///C:/Documents%20and%20Settings/Owner/Local%20Settings/Temp/C9AAC354-D1BE-4847-80A5-305CC536BC94/http://www.forexfactory.com/news.php?topics=106>
California home prices fall 26 percent amid foreclosures
SAN DIEGO (AP) - A glut of foreclosed homes helped prompt a 26 percent plunge in California home prices in March, highlighting a trend that experts said is likely to continue as low, introductory interest rates expire for people who bought near the height of the housing boom.

More than 38 percent of California homes sold in March had been foreclosed at some point during the previous year, DataQuick Information Systems said in its survey released Thursday.

Figures for previous years were not immediately available, but company analyst John Karevoll said the March percentage for foreclosed home sales was believed to be an all-time high for the state.

The state's median home price was $358,000 last month, down from $484,000 in March 2007, when the market peaked, DataQuick said. The number of ne w and resale houses and condos sold during the month fell 38.3 percent from a year earlier to 24,565.

DataQuick said the numbers also reflect difficulty in getting financing for expensive homes.

In March 2007, loans over $417,000 accounted for nearly 40 percent of home sales. Last month, those so-called jumbo loans accounted for less than 15 percent of sales.

The percentage of foreclosed homes on the market is growing as many potential sellers hang on to property and wait for prices to rebound.

Foreclosed homes in California sell for about 15 percent less than non-foreclosed homes in the same neighborhoods, bringing all prices down, Karevoll said.

The nationwide foreclosure glut is expected to worsen in May and June as two- and three-year introductory interest rates expire on homes purchased in 2005 and 2006, said Rick Sharga, vice president of marketing at RealtyTrac, a research firm.

As higher rates kick in, few er homeowners will be able make payments, though possible rate cuts by the Federal Reserve may soften the blow, he said.

Nationwide, foreclosed homes have been selling for about 20 percent less than similar non-foreclosed homes, Sharga said.

California housing prices may bottom out in summer or fall, around the same time that foreclosures peak, said Karevoll. Lenders appear to have loosened the spigot in recent months -- a trend that will likely continue into the fall -- though credit will not be as easy to find as it was during the market's heyday, he said.

The big uncertainty is whether the economy will sour even more, making it more difficult for people who lose their jobs to make payments, Karevoll said.

'If we do have a recession in California, things will get bloody out there,' he said.

The affordability of some foreclosed homes has helped some buyers.

Cyndie Schubert, who earns $16.94 an hour as a parking garage attendant, said she b ought a San Diego home out of foreclosure for $250,000 after two years of looking for places that were out of her reach.

The first-time homebuyer had to buy a water heater and kitchen appliances but the plumbing was new.

'I walk to work, I have my white picket fence,' said Schubert, who lives with her 25-year-old daughter. 'It's got a little yard but that's all right.'

Her mortgage payment of $1,104 eats up much of her first monthly paycheck, but it's only $300 more than what she was paying to rent an apartment in a crime-ridden neighborhood where she was raised in suburban El Cajon. She pays her other bills with her second monthly paycheck.

'I got caught up on my bills, and it was time for me to do something,' said Schubert. 'I'm 52. It was time for me to leave (my daughter) some kind of legacy.'

The foreclosure glut has hit California especially hard. The state ranks only behind Nevada -- and just ahead of Florida, Ari zona and Colorado -- in the percentage of households in foreclosure, according to RealtyTrac's March rankings.

California and Arizona are victims of an overheated market in the early part of the decade, when banks lent money for homes that buyers could not afford, said Sharga. Nevada and Florida had lots of speculative buyers.

Los Angeles Neighborhood Housing Services, a nonprofit group, is counseling about 2,000 financially troubled homeowners a month this year, up from about 200 a month during the same period last year, said Lori Gay, chief executive officer.

The group developed a 'triage system' to accommodate the flood of people seeking to avoid foreclosure, Gay said. Previously, the organization worked with people over three or four months, often in classrooms. Now it asks people to tackle questions online and aims to give them quick answers.

'We're expediting in a way that we wouldn't have to before,' Gay said. 'Now there's not a lot of time. They' re up against the wall.'

------ End of Forwarded Message

FW: Political fortunes: SDUT-Mannes: Councilman emotional as he testifies during perjury trial (Castaneda persecution)

2008-04-18T16:38:00.000-07:00

------ Forwarded Message
From: <char.ayers@att.net>
Date: Fri, 18 Apr 2008 23:07:30 +0000
To: Charlene Ayers <char.ayers@att.net>
Subject: Political fortunes: SDUT-Mannes: Councilman emotional as he testifies during perjury trial (Castaneda persecution)

-------------- Forwarded Message: --------------
From: PatsyFritz@aol.com
To: tanya.mannes@uniontrib.com
Cc: char.ayers@worldnet.att.net
Subject: Re: RE: RE: SDUT-Mannes: Councilman emotional as he testifies during perjury trial (Castaneda persecution)
Date: Fri, 18 Apr 2008 21:42:27 +0000

In a message dated 4/18/8 8:57:29 PM, tanya.mannes@uniontrib.com writes:

<< The funny thing is, Steve Castaneda IS a Republican and always has been!
(But he has never gotten the GOP endorsement.) >>

Yes, but there's a difference between Republican and "Downtown Establishment
Republican." Bonnie's been a Republican for some time (I don't think "for
life," having met her parents) but at least by the time she realized she'd be
facing the re-election process (once she was on the bench), she was a
Republican.

In her first race for DA, her opponent (the sleazeful Paul Pfingst) got the
endorsement of the Lin coln Club, Republican Central Committee - and the U-T);
Bonnie got nuttin'. That was changed once she won and she is now careful to
stay on the establishment's side. Local in-power Republicans do NOT want a
maverick! They want someone they can control - or, better yet, someone who
knows what's expected and simply performs accordingly.

The fact that Steve worked for Ron never helped him, because the es
tablishment was scornful of Roberts for years. Now that Roberts is locked in
that office as long as he wants it, AND gets full support from the BIA, Ron's
acceptable to the Lincoln Club and Central Committee.

Of course, if Steve's name was "Steve Caldwell," his political fortunes would
be entirely different today ...

Patsy

------ End of Forwarded Message

FW: Cheryl-Greg connection: SDUT-Mannes: Councilman emotional as he testifies during perjury trial (Castaneda persecution)

2008-04-18T16:02:00.000-07:00

------ Forwarded Message
From: <char.ayers@att.net>
Date: Fri, 18 Apr 2008 21:19:45 +0000
To: Charlene Ayers <char.ayers@att.net>
Subject: Cheryl-Greg connection: SDUT-Mannes: Councilman emotional as he testifies during perjury trial (Castaneda persecution)

-------------- Forwarded Message: --------------
From: PatsyFritz@aol.com
To: tanya.mannes@uniontrib.com, char.ayers@worldnet.att.net
Subject: Re: RE: SDUT-Mannes: Councilman emotional as he testifies during perjury trial (Castaneda persecution)
Date: Fri, 18 Apr 2008 18:44:23 +0000

In a message dated 4/17/8 11:36:08 PM, tanya.mannes@uniontrib.com writes:

<< Dear Patsy,

Thanks for your comments. Given your knowledge of Cheryl-Greg connection, you
might find this story interesting. It was published in May 2007.

Tanya Mannes

DELICIOUS, Tanya! I had not read this report (below). It did not show up in
our North County Inland edition. What we have here, I think, is the effort
to curry favor by Dumanis, and the Supes' quid-pro-quo for her support during
their election campaigns.

I have wondered why th e Lincoln Club and Republican Central Committee are not
shown as "friends of the court" in O'Toole's capers. I see this as Bonnie
sucking up not only to the Supes, but to the downtown Republican establishment.
She's been a Republican for some time (prior to her first race for DA) but
for obvious reasons needs to burnish her Republican rep to get the downtown
establishment's support.

I truly regret the time, $$$ and effort I put into that race, garnering votes
in North County for Dumanis. I was S0 idealistic about Bonnie, but she's
turned into just another run-of-the mill influence peddler - for her own
interests. Sad! She could have been a real force for ethics and reform!

Patsy

Newspaper: UNION-TRIBUNE

Date: May 12, 2007

Day of Week: Saturday

Edition: R,E,S,F

Section: LOCAL

Page: B-1

Length (in lines): 785

Headline: Castaneda says DA probes are ploy | `Unsubs tantiated charges,' he
claims

Byline: Tanya Mannes

Credit: STAFF WRITER

Captions: Published: 1. Steve Castaneda 2. Patrick O'Toole

Town: CHULA VISTA

Keywords: CHULA VISTA. COUNTY. ELECTIONS. ETHICS. HOUSING. PROBES.

[Go To Best Hit]

CHULA VISTA -- Chula Vista City Councilman Steve Castaneda said yesterday

that District Attorney Bonnie Dumanis investigated him three times in the

last year to try to force him to resign.

Castaneda contends that Dumanis conspired with Chula Vista Mayor Cheryl

Cox, his opponent in last year's election. Castaneda hasn't stated an

intention to challenge Cox in the next mayoral race, but many expect him

to do so.

In a statement e-mailed to the media, Castaneda said Patrick O'Toole, who

leads the Public Integrity Unit at the District Attorney's Office, began

targeting him in March 2006 in a "politica l witch hunt."

Castaneda said O'Toole initiated three investigations of him and

subpoenaed him three times to testify before the criminal grand jury

regarding "completely unsubstantiated charges raised by political

opponents with deep political connections."

"I'm up for re-election in 2008, and I'm sure that the Coxes and their

political allies would like nothing better than for me to run with a cloud

over my head or flat-out resign," Castaneda said.

He said O'Toole recently offered him a choice: Step down from office

immediately or he would charge him with a felony. Castaneda said his

attorney advised him not to comment further on the deal, including what

the felony charge would be.

Castaneda said the lengthy, expensive process of fighting a felony charge

would take a toll on his family's reputation and his career -- even if he

prevailed in court.

"The DA knows this, and they are leveraging that reality in an attempt to

achieve the political outcome they seek," he said.

Castaneda said Dumanis is part of the county's "old power structure" that

includes Cheryl Cox's husband, county Supervisor Greg Cox, who has budget

authority over the District Attorney's Office, he said.

O'Toole declined to comment on Castaneda's allegations.

"We don't comment on investigations or the status of grand jury matters,"

he said.

Dumanis also declined to comment, according to her spokesman, Paul

Levikow.

Last year, Cheryl Cox and Castaneda ran in the Chula Vista mayoral primary

in an effort to unseat incumbent Mayor Steve Padilla. Castaneda received

25 percent of the votes in the June 6 primary, which wasn't enough for him

to proceed to the runoff. Cox won in November.

Cox said yesterday that Castaneda's alleg ations came as a surprise.

"I don't know what he's talking about," she said.

She said she considers Castaneda a colleague, not a rival, and noted that

both share the goal of demolishing the South Bay Power Plant.

"The race with me and Steve was over in June," Cox said.

Castaneda said O'Toole's three investigations focused on an apartment that

Castaneda rented for his wife in Sunbow Villas; property that he purchased

in 2005 with Chula Vista resident Henry Barros; and his role as a board

member of the Chula Vista Redevelopment Corp.

Castaneda has been a City Council member since 2004. He is a

transportation and land-use consultant who was once an aide to Ron

Roberts, the former San Diego councilman who is now a county supervisor.

"I am not a wealthy man, and this pretense has cost me personally

thousands of dollars in legal fees, not to say what it has cost the

taxpayers," Castaneda said.

He said he has spent $15,000 on attorney fees, and the city hired council

for him and other city officials who were forced to testify in the

investigations.

Shortly after his announcement was sent out, Castaneda attempted to remove

one statement in it. In a subsequent e-mail, he said that the news release

should not have stated that O'Toole threatened to charge him with a felony

if he didn't resign. The information is true, but it "may be deemed

privileged," he said.

Dumanis established the Public Integrity Unit in early 2006 to root out

public corruption involving violations of state law in San Diego County.

Last year, O'Toole began using the county's criminal grand jury early in

his investigations as a fact-finding body. The grand jury has the

authority to issue subpoenas, and witnesses testify under oath.

Previously in San Diego County, the criminal grand jury was presented with

the results of a district attorney's investigation as a final step in

getting an indictment. Now the grand jury gets involved much earlier,

before prosecutors have determined whether any crime was committed.

O'Toole is a former federal prosecutor who previously served as the U.S.

attorney in San Diego. He developed the new procedure based in part on the

federal model and on procedures used in Los Angeles and Santa Clara

counties, he said.

The criminal grand jury has 19 members. A new group is convened every 30

days, selected by lot from the trial-juror pool. Jurors' identities are

kept confidential.

End-of-Story

-----Original Message-----

From: PatsyFritz@aol.com [mailto:PatsyFritz@aol.com]

Sent: Thursday, April 17, 2008 4:29 PM

To: char.ayers@att.ne t; Mannes, Tanya

Subject: Re: SDUT-Mannes: Councilman emotional as he testifies during

perjury trial (Castaneda persecution)

In a message dated 4/17/8 5:20:28 PM, char.ayers@att.net writes:

<< Castaneda has described O'Toole's investigation as a "political witch

hunt" intended to prevent him from winning re-election. He said last year
that

District Attorney Bonnie Dumanis, O'Toole's boss, sought to damage his
reputation

and help his rival, Chula Vista Mayor Cheryl Cox.

Dumanis has declined to comment on those statements. >>

Tanya -

.... Chula Vista Mayor Cheryl Cox, wife of County Board of Supervisors

Chairman Greg Cox. The Board of Supervisors provides the District
Attorney's

generous budget, including the allocation of a disproportionate amount of
Prop 172

funding while shafting Fire Departments in the County who get n ada, zero, zip

to protect the electorate.

The 1993 vote for Proposition 172's tax increase was clearly successful ONLY

because votes watched TV coverage of horrendous brushfires raging through

populated areas from Oakland to Malibu to the US-Mexican border, just days
befoe

the election.

Name one voter who thought the tax should pay so much for the DA's office and

none for fire protection!

But the Supervisors always need the endorsement of the D.A. and the Sheriff

at election time, to prove they're "tough on crime!" Hence the lavish
budget

enhancements for the D.A. and Sheriff.

So ... why shouldn't the D.A's "McGruff," Patrick O'Toole, go after Mayor

Cox's rival, Castaneda, and curry favor with the Supes who butter his bread,

especially Mayor Cox's husband, now Chairman of the Board of Supes?

I guess it's the least he could do ...

Pa tsy Fritz >>

**************
Need a new ride? Check out the largest site for
U.S. used car listings at AOL Autos.

(http://autos.aol.com/used?NCID=aolcmp00300000002851)

------ End of Forwarded Message

FW: Of course!: GrossmontUHSD application?: Quatum Meruit: Alpine's finest sued again...

2008-04-18T16:01:00.000-07:00

------ Forwarded Message
From: <char.ayers@att.net>
Date: Fri, 18 Apr 2008 21:22:26 +0000
To: Charlene Ayers <char.ayers@att.net>
Subject: Of course!: GrossmontUHSD application?: Quatum Meruit: Alpine's finest sued again...

-------------- Forwarded Message: --------------
From: xxxx
To: <char.ayers@att.net>
Subject: RE: GrossmontUHSD application?: Quatum Meruit: Alpine's finest sued again...
Date: Fri, 18 Apr 2008 18:58:55 +0000

Of course it matters who we elect. T Ryan‚s administration of GUHSD and Prop H was incompetent. The Board of Trustees proved incompetent too by exercising zero oversight (made abundantly clear by the Bond Advisory Committee‚s Finance Report).

Ryan became superintendent in part by virtue of church connections with trustee Kelly; who also knew Ryan from the undistinguished tenures of both of them in the County Office of Education.   There was no rigorous Œsearch‚ process to find a top-notch proven superintendent once Kelly and his cronies Cass and Wells decided Ward Granger had to go.

Some of the internecine church-connected stuff at play has been reported here: http://jameshartlinereport.blogspot.com/2006/10/san-diegos-political-wars-_116223135418945689.html.

From: char.ayers@att.net [mailto:char.ayers@att.net]
Sent: Friday, April 18, 2008 10:46 AM
To: Charlene Ayers
Subject: GrossmontUHSD application?: Quatum Meruit: Alpine's finest sued again...

-------------- Forwarded Message: --------------
From: xxxx
To: char.ayers@att.net
Subject: Re: Quatum Meruit: Alpine's finest sued again...
Date: Fri, 18 Apr 2008 16:16:31 +0000

Very interesting... "Quantum Meriut... Quasi Contract". I wonder how this legal concept would apply to Grossmont Union should they end up defaulting on their "Quasi Contract" (Prop H) with the public (voters) promising a new 12th high school?

The sad reality (in this case how do you hold a public entity, "GUHSD", responsible for management incompetence) is that courts would likely treat a school district with more latitude than a commercial entity or private business person. Taxpayers would essentially be taking legal action against themselves, since ultimately our taxes pay for their "GUHSD" mismanagement and fiscal irresponsibility!

Case in point,"It really does matter who we elect to represent us"... at GUHSD our elected trustees hired Terry Ryan.. who took Prop H from poor planning before he arrived at GUHSD to a state of total collapse during his tenure... and his staff aided and abetted in the cover up, and left overs seem to continue the cover-up post T Ryan... don't figure!

Let's trust new Supt. Collins can see the past injustices (incompetence's) and right the "Titanic" of school bond management screw-ups! He seems to be on the right track so far... if time doesn't run out before its' to late to fix things, hmmmm... maybe "Quasi Contract" taxpayer revolt!

XxXxXx

: )

----- Original Message ----
From: "char.ayers@att.net" <char.ayers@att.net>
To: Charlene Ayers <char.ayers@att.net>
Sent: Thursday, April 17, 2008 6:22:23 PM
Subject: Quatum Meruit: Alpine's finest sued again...

-------------- Forwarded Message: --------------
From: xxxxx
To: <char.ayers@att.net>
Subject: RE: Alpine's finest sued again...
Date: Thu, 17 Apr 2008 23:17:17 +0000

Great work Charlene!
Please keep us posted.
I'm certainly rusted up in Latin so I looked up the quantum meruit
phrase.
It seems to bail down to...you screwed someone and now have to pay.
Small wonder with these jerks. Wonder how many more will flare up?
xxxxx

quantum meruit



[Latin, As much as is deserved.] In the law of contracts, a doctrine by which the law infers a promise to pay a reasonable amount for labor and materials furnished, even in the absence of a specific legally enforceable agreement between the parties.
A party who performs a valuable service for another party usually enters into a written contract or agreement before performing the service, particularly when the party is in the business of performing that service. For instance, most professional roofers hired to repair a roof insist on having a formal agreement with the owner of the house before beginning the repairs. In the absence of an agreement or formal contract, the roofer may be unable to recover losses in court if the transaction goes awry. Quantum meruit is a judicial doctrine that allows a party to recover losses in the absence of an agreement or binding contract.
By allowing the recovery of the value of labor and materials, quantum meruit prevents the Unjust Enrichment of the other party. A person would be unjustly enriched if she received a benefit and did not pay for it when fairness required that payment be made. Quantum meruit can be used to address situations where no contract exists or where a contract exists but for some reason is unenforceable. In such cases courts imply a contract to avoid an unjust result. Such contracts are called quasi contracts.
Quantum meruit also describes a method used to determine the exact amount owed to a person. A court may measure this amount either by determining how much the defendant has benefited from the transaction or by determining how much the plaintiff has expended in materials and services.
The doctrine of quantum meruit was developed in the seventeenth century by the royal Court of Chancery in England. This court worked apart from the common-law courts to g rant r elief that was due under general principles of fairness but could not be ob tained under the strict legal precedents of the common-law courts. The system of basing decisions on basic principles of fairness became known as Equity <http://legal-dictionary.thefreedictionary.com/Equity> . The Chancery Court developed quantum meruit along with other equitable doctrines that allowed a person to recover or collect for other valuable acts performed without a contract, such as the delivery of goods or money. Some of the first cases of quantum meruit involved recovery by persons in so-called trades of common calling, such as innkeepers, tailors, blacksmiths, and tanners.
As service industries increased, so did claims for recovery under quantum meruit, and the doctrine was adopted by colonial courts. U.S. courts now apply quantum meruit principles in a wide variety of cases, including cases involving attorneys' fees, physicians' fee s, con struction work, government contracts, and even domestic relations suits for "palimony." Palimony is a form of financial support that is similar to Alimony <http://legal-dictionary.thefreedictionary.com/Alimony> but arises out of a nonmarital relationship.
Courts have crafted four basic elements that the plaintiff must prove before she may recover under the doctrine of quantum meruit: (1) that valuable services were rendered; (2) that the services were rendered to the defendant; (3) that the services were accepted, used, and enjoyed by the defendant; and (4) that the defendant was aware that the plaintiff, in performing the services, expected to be paid by the defendant.
The case of Montes v. Naismith and Trevino Construction Co., 459 S.W.2d 691 (Tex. Civ. App. 1970), illustrates how quantum meruit works. In August 1968 Abraham Montes began oral negotiations with Abdon Perez regarding improvements Montes sought for h is homestead. Perez testified that Montes brought a cont ract to him more than once, but that the contract was never complete, and no contract was ever signed. Despite the lack of a contract, Perez arranged for the Naismith and Trevino Construction Company to do the work on Montes's house. Montes paid $1,800 to Perez, and Perez withdrew from the transaction.
Naismith and Trevino made improvements on Montes's homestead for a total value of $3,835.36, but Montes refused to pay for the improvements. Naismith and Trevino brought suit against Montes, arguing that even though they did not have a contract with Montes, they should be paid for their labor and the materials they used in making improvements to his house. The court agreed and entered judgment for Naismith and Trevino in the amount of $1,760, the amount of the services and materials provided by Naismith and Trevino less the amount Montes had paid to Perez. The court based its ruling on the theory of quantum meruit.
T he d oc trine of quantum meruit is contained in court decisio ns and, to a lesser extent, in statutes. It can be a confusing doctrine: many courts mix quantum meruit with the similar principles of restitution and unjust enrichment. Restitution is a broad term that describes measures taken by a civil or criminal defendant to restore a victim to the status that he enjoyed before the defendant caused a loss or injury. Unjust enrichment is an equitable approach to civil relationships that covers more than just contractual situations. A civil plaintiff may recover under the doctrine of unjust enrichment by showing (1) that the plaintiff conferred a benefit on the defendant; (2) that the defendant appreciated or knew of the benefit; and (3) that, under the circumstances, it was unfair for the defendant to accept or retain the benefit without paying for it. Most courts consider quantum meruit a particular form of legal restitution that follows the basic restitutionary principle of preventing un jus t enrichment.

From: char.ayers@att.net
To: char.ayers@att.net
Subject: Alpine's finest sued again...
Date: Thu, 17 Apr 2008 19:45:15 +0000

-------------- Forwarded Message: --------------
From: xxxxxx
To: "Charlene Ayers" <char.ayers@att.net>
Subject: new lawsuit
Date: Thu, 17 Apr 2008 17:41:54 +0000

Lecg, LLC. v. REI-NC, LLC.; Gonya Enterprises, Inc.; Paul Gonya; Kenneth Stroud; David Waitley
4/15/2008 37-2008-00082011 Complaint for breach of contract; promissory fraud; account stated; quantum meruit; declaratory relief. Defendants REI breached the agreement by failing to pay for services rendered by Mack Barclay and Lecg. Defendants have failed to pay the outstanding balance of over $172,000.00

------ End of Forwarded Message

FW: GrossmontUHSD application?: Quatum Meruit: Alpine's finest sued again...

2008-04-18T11:48:00.001-07:00

------ Forwarded Message
From: <char.ayers@att.net>
Date: Fri, 18 Apr 2008 17:46:16 +0000
To: Charlene Ayers <char.ayers@att.net>
Subject: GrossmontUHSD application?: Quatum Meruit: Alpine's finest sued again...

-------------- Forwarded Message: --------------
From: xxxx
To: char.ayers@att.net
Subject: Re: Quatum Meruit: Alpine's finest sued again...
Date: Fri, 18 Apr 2008 16:16:31 +0000

Very interesting... "Quantum Meriut... Quasi Contract". I wonder how this legal concept would apply to Grossmont Union should they end up defaulting on their "Quasi Contract" (Prop H) with the public (voters) promising a new 12th high school?

The sad reality (in this case how do you hold a public entity, "GUHSD", responsible for management incompetence) is that courts would likely treat a school district with more latitude than a commercial entity or private business person. Taxpayers would essentially be taking legal action against themselves, since ultimately our taxes pay for their "GUHSD" mismanagement and fiscal irresponsibility!

Case in point,"It really does matter who we elect to represent us"... at GUHSD our elected trustees hired Terry Ryan.. who took Prop H from poor planning before he arrived at GUHSD to a state of total collapse during his tenure... and his staff aided and abetted in the cover up, and left overs seem to continue the cover-up post T Ryan... don't figure!

Let's trust new Supt. Collins can see the past injustices (incompetence's) and right the "Titanic" of school bond management screw-ups! He seems to be on the right track so far... if time doesn't run out before its' to late to fix things, hmmmm... maybe "Quasi Contract" taxpayer revolt!

XxXxXx
: )

----- Original Message ----
From: "char.ayers@att.net" <char.ayers@att.net>
To: Charlene Ayers <char.ayers@att.net>
Sent: Thursday, April 17, 2008 6:22:23 PM
Subject: Quatum Meruit: Alpine's finest sued again...

-------------- Forwarded Message: --------------
From: xxxxx
To: <char.ayers@att.net>
Subject: RE: Alpine's finest sued again...
Date: Thu, 17 Apr 2008 23:17:17 +0000

Great work Charlene!
Please keep us posted.
I'm certainly rusted up in Latin so I looked up the quantum meruit
phrase.
It seems to bail down to...you screwed someone and now have to pay.
Small wonder with these jerks. Wonder how many more will flare up?
xxxxx

quantum meruit

[Latin, As much as is deserved.] In the law of contracts, a doctrine by which the law infers a promise to pay a reasonable amount for labor and materials furnished, even in the absence of a specific legally enforceable agreement between the parties.
A party who performs a valuable service for another party usually enters into a written contract or agreement before performing the service, particularly when the party is in the business of performing that service. For instance, most professional roofers hired to repair a roof insist on having a formal agreement with the owner of the house before beginning the repairs. In the absence of an agreement or formal contract, the roofer may be unable to recover losses in court if the transaction goes awry. Quantum meruit is a judicial doctrine that allows a party to recover losses in the absence of an agreement or binding contract.
By allowing the recovery of the value of labor and materials, quantum meruit prevents the Unjust Enrichment of the other party. A person would be unjustly enriched if she received a benefit and did not pay for it when fairness required that payment be made. Quantum meruit can be used to address situations where no contract exists or where a contract exists but for some reason is unenforceable. In such cases courts imply a contract to avoid an unjust result. Such contracts are called quasi contracts.
Quantum meruit also describes a method used to determine the exact amount owed to a person. A court may measure this amount either by determining how much the defendant has benefited from the transaction or by determining how much the plaintiff has expended in materials and services.
The doctrine of quantum meruit was developed in the seventeenth century by the royal Court of Chancery in England. This court worked apart from the common-law courts to g rant r elief that was due under general principles of fairness but could not be obtained under the strict legal precedents of the common-law courts. The system of basing decisions on basic principles of fairness became known as Equity <http://legal-dictionary.thefreedictionary.com/Equity> . The Chancery Court developed quantum meruit along with other equitable doctrines that allowed a person to recover or collect for other valuable acts performed without a contract, such as the delivery of goods or money. Some of the first cases of quantum meruit involved recovery by persons in so-called trades of common calling, such as innkeepers, tailors, blacksmiths, and tanners.
As service industries increased, so did claims for recovery under quantum meruit, and the doctrine was adopted by colonial courts. U.S. courts now apply quantum meruit principles in a wide variety of cases, including cases involving attorneys' fees, physicians' fee s, con struction work, government contracts, and even domestic relations suits for "palimony." Palimony is a form of financial support that is similar to Alimony <http://legal-dictionary.thefreedictionary.com/Alimony> but arises out of a nonmarital relationship.
Courts have crafted four basic elements that the plaintiff must prove before she may recover under the doctrine of quantum meruit: (1) that valuable services were rendered; (2) that the services were rendered to the defendant; (3) that the services were accepted, used, and enjoyed by the defendant; and (4) that the defendant was aware that the plaintiff, in performing the services, expected to be paid by the defendant.
The case of Montes v. Naismith and Trevino Construction Co., 459 S.W.2d 691 (Tex. Civ. App. 1970), illustrates how quantum meruit works. In August 1968 Abraham Montes began oral negotiations with Abdon Perez regarding improvements Montes sought for h is homestead. Perez testified that Montes brought a contract to him more than once, but that the contract was never complete, and no contract was ever signed. Despite the lack of a contract, Perez arranged for the Naismith and Trevino Construction Company to do the work on Montes's house. Montes paid $1,800 to Perez, and Perez withdrew from the transaction.
Naismith and Trevino made improvements on Montes's homestead for a total value of $3,835.36, but Montes refused to pay for the improvements. Naismith and Trevino brought suit against Montes, arguing that even though they did not have a contract with Montes, they should be paid for their labor and the materials they used in making improvements to his house. The court agreed and entered judgment for Naismith and Trevino in the amount of $1,760, the amount of the services and materials provided by Naismith and Trevino less the amount Montes had paid to Perez. The court based its ruling on the theory of quantum meruit.
T he d oc trine of quantum meruit is contained in court decisions and, to a lesser extent, in statutes. It can be a confusing doctrine: many courts mix quantum meruit with the similar principles of restitution and unjust enrichment. Restitution is a broad term that describes measures taken by a civil or criminal defendant to restore a victim to the status that he enjoyed before the defendant caused a loss or injury. Unjust enrichment is an equitable approach to civil relationships that covers more than just contractual situations. A civil plaintiff may recover under the doctrine of unjust enrichment by showing (1) that the plaintiff conferred a benefit on the defendant; (2) that the defendant appreciated or knew of the benefit; and (3) that, under the circumstances, it was unfair for the defendant to accept or retain the benefit without paying for it. Most courts consider quantum meruit a particular form of legal restitution that follows the basic restitutionary principle of preventing un jus t enrichment.

From: char.ayers@att.net
To: char.ayers@att.net
Subject: Alpine's finest sued again...
Date: Thu, 17 Apr 2008 19:45:15 +0000

-------------- Forwarded Message: --------------
From: xxxxxx
To: "Charlene Ayers" <char.ayers@att.net>
Subject: new lawsuit
Date: Thu, 17 Apr 2008 17:41:54 +0000

Lecg, LLC. v. REI-NC, LLC.; Gonya Enterprises, Inc.; Paul Gonya; Kenneth Stroud; David Waitley
4/15/2008 37-2008-00082011 Complaint for breach of contract; promissory fraud; account stated; quantum meruit; declaratory relief. Defendants REI breached the agreement by failing to pay for services rendered by Mack Barclay and Lecg. Defendants have failed to pay the outstanding balance of over $172,000.00

------ End of Forwarded Message

FW: Guidestar: Don't Take Chances - Identify Supporting Organizations

2008-04-18T11:48:00.000-07:00

------ Forwarded Message
From: <char.ayers@att.net>
Date: Fri, 18 Apr 2008 17:47:32 +0000
To: Charlene Ayers <char.ayers@att.net>
Subject: Guidestar: Don't Take Chances - Identify Supporting Organizations

-------------- Forwarded Message: --------------
From: "GuideStar" <customerservice@guidestar.org>
To: "" <char.ayers@att.net>
Subject: Don't Take Chances - Identify Supporting Organizations
Date: Fri, 18 Apr 2008 17:05:12 +0000

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FW: Quatum Meruit: Alpine's finest sued again...

2008-04-18T08:35:00.002-07:00

------ Forwarded Message
From: <char.ayers@att.net>
Date: Fri, 18 Apr 2008 01:22:23 +0000
To: Charlene Ayers <char.ayers@att.net>
Subject: Quatum Meruit: Alpine's finest sued again...

-------------- Forwarded Message: --------------
From: xxxxx
To: <char.ayers@att.net>
Subject: RE: Alpine's finest sued again...
Date: Thu, 17 Apr 2008 23:17:17 +0000

Great work Charlene!
Please keep us posted.
I'm certainly rusted up in Latin so I looked up the quantum meruit
phrase.
It seems to bail down to...you screwed someone and now have to pay.
Small wonder with these jerks. Wonder how many more will flare up?
xxxxx

quantum meruit

OResults=1;kw='In quantum meruit' ad_channel="6223334685"; AdsNum=3; OriginalURL="http://legal-dictionary.thefreedictionary.com/quantum+meruit"; google_page_url=OriginalURL; google_max_num_ads = '20'; google_num_radlinks = '10'; google_max_radlink_len = '17'; window.onerror=myerror; google_kw ="In quantum meruit";google_afs_query = google_kw; google_afs_ad = 'w6'; google_afs_client = "pub-2694630391511205"; google_afs_channel = '1506981298'; google_afs_adsafe = 'high'; google_afs_ie = "iso-8859-1"; google_afs_oe = "iso-8859-1"; kw = google_kw; g_kw=1; google_encoding="iso-8859-1"; google_ad_channel=ad_channel; write_ads(AdsNum, 0)
wld_ask()
[Latin, As much as is deserved.] In the law of contracts, a doctrine by which the law infers a promise to pay a reasonable amount for labor and materials furnished, even in the absence of a specific legally enforceable agreement between the parties.
A party who performs a valuable service for another party usually enters into a written contract or agreement before performing the service, particularly when the party is in the business of performing that service. For instance, most professional roofers hired to repair a roof insist on having a formal agreement with the owner of the house before beginning the repairs. In the absence of an agreement or formal contract, the roofer may be unable to recover losses in court if the transaction goes awry. Quantum meruit is a judicial doctrine that allows a party to recover losses in the absence of an agreement or binding contract.
By allowing the recovery of the value of labor and materials, quantum meruit prevents the Unjust Enrichment of the other party. A person would be unjustly enriched if she received a benefit and did not pay for it when fairness required that payment be made. Quantum meruit can be used to address situations where no contract exists or where a contract exists but for some reason is unenforceable. In such cases courts imply a contract to avoid an unjust result. Such contracts are called quasi contracts.
Quantum meruit also describes a method used to determine the exact amount owed to a person. A court may measure this amount either by determining how much the defendant has benefited from the transaction or by determining how much the plaintiff has expended in materials and services.
The doctrine of quantum meruit was developed in the seventeenth century by the royal Court of Chancery in England. This court worked apart from the common-law courts to grant r elief that was due under general principles of fairness but could not be obtained under the strict legal precedents of the common-law courts. The system of basing decisions on basic principles of fairness became known as Equity <http://legal-dictionary.thefreedictionary.com/Equity> . The Chancery Court developed quantum meruit along with other equitable doctrines that allowed a person to recover or collect for other valuable acts performed without a contract, such as the delivery of goods or money. Some of the first cases of quantum meruit involved recovery by persons in so-called trades of common calling, such as innkeepers, tailors, blacksmiths, and tanners.
As service industries increased, so did claims for recovery under quantum meruit, and the doctrine was adopted by colonial courts. U.S. courts now apply quantum meruit principles in a wide variety of cases, including cases involving attorneys' fees, physicians' fees, con struction work, government contracts, and even domestic relations suits for "palimony." Palimony is a form of financial support that is similar to Alimony <http://legal-dictionary.thefreedictionary.com/Alimony> but arises out of a nonmarital relationship.
Courts have crafted four basic elements that the plaintiff must prove before she may recover under the doctrine of quantum meruit: (1) that valuable services were rendered; (2) that the services were rendered to the defendant; (3) that the services were accepted, used, and enjoyed by the defendant; and (4) that the defendant was aware that the plaintiff, in performing the services, expected to be paid by the defendant.
The case of Montes v. Naismith and Trevino Construction Co., 459 S.W.2d 691 (Tex. Civ. App. 1970), illustrates how quantum meruit works. In August 1968 Abraham Montes began oral negotiations with Abdon Perez regarding improvements Montes sought for h is homestead. Perez testified that Montes brought a contract to him more than once, but that the contract was never complete, and no contract was ever signed. Despite the lack of a contract, Perez arranged for the Naismith and Trevino Construction Company to do the work on Montes's house. Montes paid $1,800 to Perez, and Perez withdrew from the transaction.
Naismith and Trevino made improvements on Montes's homestead for a total value of $3,835.36, but Montes refused to pay for the improvements. Naismith and Trevino brought suit against Montes, arguing that even though they did not have a contract with Montes, they should be paid for their labor and the materials they used in making improvements to his house. The court agreed and entered judgment for Naismith and Trevino in the amount of $1,760, the amount of the services and materials provided by Naismith and Trevino less the amount Montes had paid to Perez. The court based its ruling on the theory of quantum meruit.
The doc trine of quantum meruit is contained in court decisions and, to a lesser extent, in statutes. It can be a confusing doctrine: many courts mix quantum meruit with the similar principles of restitution and unjust enrichment. Restitution is a broad term that describes measures taken by a civil or criminal defendant to restore a victim to the status that he enjoyed before the defendant caused a loss or injury. Unjust enrichment is an equitable approach to civil relationships that covers more than just contractual situations. A civil plaintiff may recover under the doctrine of unjust enrichment by showing (1) that the plaintiff conferred a benefit on the defendant; (2) that the defendant appreciated or knew of the benefit; and (3) that, under the circumstances, it was unfair for the defendant to accept or retain the benefit without paying for it. Most courts consider quantum meruit a particular form of legal restitution that follows the basic restitutionary principle of preventing unjus t enrichment.

From: char.ayers@att.net
To: char.ayers@att.net
Subject: Alpine's finest sued again...
Date: Thu, 17 Apr 2008 19:45:15 +0000

-------------- Forwarded Message: --------------
From: xxxxxx
To: "Charlene Ayers" <char.ayers@att.net>
Subject: new lawsuit
Date: Thu, 17 Apr 2008 17:41:54 +0000

Lecg, LLC. v. REI-NC, LLC.; Gonya Enterprises, Inc.; Paul Gonya; Kenneth Stroud; David Waitley
4/15/2008 37-2008-00082011 Complaint for breach of contract; promissory fraud; account stated; quantum meruit; declaratory relief. Defendants REI breached the agreement by failing to pay for services rendered by Mack Barclay and Lecg. Defendants have failed to pay the outstanding balance of over $172,000.00

------ End of Forwarded Message

FW: Stiffed forensic accountants: Alpine's finest sued again...

2008-04-18T08:35:00.001-07:00

------ Forwarded Message
From: <char.ayers@att.net>
Date: Fri, 18 Apr 2008 01:19:54 +0000
To: Charlene Ayers <char.ayers@att.net>
Subject: Stiffed forensic accountants: Alpine's finest sued again...

-------------- Forwarded Message: --------------
From: xxxxx
To: <char.ayers@att.net>
Subject: RE: Alpine's finest sued again...
Date: Thu, 17 Apr 2008 23:13:25 +0000

Looks like „Alpine‚s Finest‰ stiffed folks they might have employed in the civil trial?

Effective May 9, 2006
Mack Barlcay was acquired by LECG, a global expert services firm.

About Mack Barclay
Mack Barclay provides financial and economic expertise related to forensic accounting, business advisory, and economic and information technology issues. Mack Barclay will continue to operate from its existing offices in San Diego and Costa Mesa, California. Prominent experts joining LECG from Mack Barclay include Cary Mack, Michael Bandemer, Laura Fuchs Dolan, Chris Barclay, Brian Bergmark, Stacy Elledge Chiang, Patrick Kennedy, and Heather Xitco.

About LECG
LECG, a global expert services firm, provides independent expert testimony, original authoritative studies, and strategic advisory services to clients including Fort une Global 500 corporations, major law firms, and local, state, and federal governments and agencies around the world. LECG‚s highly credentialed experts and professional staff conduct economic and financial analyses to provide objective opinions and advice that help resolve complex disputes and inform legislative, judicial, regulatory, and business decision makers. LECG‚s experts are renowned academics, former senior government officials, experienced industry leaders, and seasoned consultants. NASDAQ: XPRT

From: char.ayers@att.net [mailto:char.ayers@att.net]
Sent: Thursday, April 17, 2008 12:45 PM
To: Charlene Ayers
Subject: Alpine's finest sued again...

-------------- Forwarded Message: --------------
From: xxxxxx
To: "Charlene Ayers" <char.ayers@att.net>
Subject: new lawsuit
Date: Thu, 17 Apr 2008 17:41:54 +0000

Lecg, LLC. v. REI-NC, LLC.; Gonya Enterprises, Inc.; Paul Gonya; Kenneth Stroud; David Waitley
4/15/2008 37-2008-00082011 Complaint for breach of contract; promissory fraud; account stated; quantum meruit; declaratory relief. Defendants REI breached the agreement by failing to pay for services rendered by Mack Barclay and Lecg. Defendants have failed to pay the outstanding balance of over $172,000.00

------ End of Forwarded Message

FW: Dear Tanya: SDUT-Mannes: Councilman emotional as he testifies during perjury trial (Castaneda persecution)

2008-04-18T08:35:00.000-07:00

------ Forwarded Message
From: <char.ayers@att.net>
Date: Fri, 18 Apr 2008 01:23:52 +0000
To: Charlene Ayers <char.ayers@att.net>
Subject: Dear Tanya: SDUT-Mannes: Councilman emotional as he testifies during perjury trial (Castaneda persecution)

-------------- Forwarded Message: --------------
From: PatsyFritz@aol.com
To: char.ayers@att.net, tanya.mannes@uniontrib.com
Subject: Re: SDUT-Mannes: Councilman emotional as he testifies during perjury trial (Castaneda persecution)
Date: Thu, 17 Apr 2008 23:29:32 +0000

In a message dated 4/17/8 5:20:28 PM, char.ayers@att.net writes:

<< Castaneda has described O'Toole's investigation as a „political witch
hunt‰ intended to prevent him from winning re-election. He said last year that
District Attorney Bonnie Dumanis, O'Toole's boss, sought to damage his
reputation and help his rival, Chula Vista Mayor Cheryl Cox.

Dumanis has declined to comment on those statements. >>

Tanya -

.... Chula Vista Mayor Cheryl Cox, wife of County Board of Supervisors
Chairman Greg Cox. The Board of Supervisors provides the District Attorney's
generous budget, including the allocation of a disproportionate amount of Prop
172 funding while shafting Fire Departments in the County who get nada, zero, zip
to protect the electorate.

The 1993 vote for Proposition 172's tax increase was clearly successful ONLY
because votes watched TV coverage of horrendous brushfires raging through
populated areas from Oakland to Malibu to the US-Mexican border, just days befoe
the election.

Name one voter who thought the tax should pay so much for the DA's office and
none for fire protection!

But the Supervisors always need the endorsement of the D.A. and the Sheriff
at election time, to prove they're "tough on crime!" Hence the lavish budget
enhancements for the D.A. and Sheriff.

So ... why shouldn't the D.A's "McGruff," Patrick O'Toole, go after Mayor
Cox's rival, Castaneda, and curry favor with the Supes who butter his bread,
especially Mayor Co x's husband, now Chairman of the Board of Supes?

I guess it's the least he could do ...

Patsy Fritz

UNION-TRIBUNE EDITORIAL
Slicing the pie

Time to review Prop. 172 sales tax split
March 12, 2007
A cash-strapped state government took billions in property tax revenues from
counties and cities in the early '90s, a move that still has grave
repercussions today.
Local jurisdictions argued at the time that the state's commandeering of
their traditional funding source left them unable to pay for even basic public
safety needs. A compromise was reached, and California voters in November 1993
passed Proposition 172, allowing use of a half-cent sales tax to compensate
counties and cities for their losses.
The ballot measure made clear that the objective was to reimburse local
jurisdictions for purposes such as police, sheriffs, fire, criminal prosecution
and c orrections. A series of Southern California firestorms

**************
Need a new ride? Check out the largest site for
U.S. used car listings at AOL Autos.

(http://autos.aol.com/used?NCID=aolcmp00300000002851)

------ End of Forwarded Message

FW: capoliticalnews: Los Angeles Tries to Steal Land it Wonâ?Tt Allow Developed

2008-04-17T13:52:00.001-07:00

------ Forwarded Message
From: <char.ayers@att.net>
Date: Thu, 17 Apr 2008 19:49:02 +0000
To: Charlene Ayers <char.ayers@att.net>
Subject: capoliticalnews: Los Angeles Tries to Steal Land it Wonâ?Tt Allow Developed

----- Original Message -----
From: capoliticalnews@hotmail.com
To: xxxxx
Sent: Thursday, April 17, 2008 11:56 AM
Subject: Los Angeles Tries to Steal Land it Wonâ•˙t Allow Developed

.style1 { FONT-WEIGHT: bold; FONT-SIZE: 36px } .style10 { FONT-SIZE: x-small; FONT-FAMILY: Arial, Helvetica, sans-serif } .style11 { COLOR: #0000ff } .style12 { COLOR: #ff0000 } .style13 { COLOR: #999999 } .style14 { FONT-SIZE: 12px; FONT-FAMILY: Georgia, "Times New Roman", Times, serif } .style5 { FONT-SIZE: 12px } .style7 { FONT-WEIGHT: bold; FONT-SIZE: 36px; COLOR: #000099 } .style9 { FONT-SIZE: 18px; COLOR: #ff0000 } .style15 { FONT-SIZE: x-large; COLOR: #0000ff; FONT-FAMILY: Arial, Helvetica, sans-serif } .style16 { FONT-FAMILY: Arial, Helvetica, sans-serif } .style18 { FONT-SIZE: xx-large; COLOR: #ff0000; FONT-FAMILY: Arial, Helvetica, sans-serif }

Stephen Frank's California
Political News and Views
FRANK DISCUSSION NOT LECTURE FOR CONSERVATIVES
http://www.capoliticalnews.com <http://www.capoliticalnews.com/>

Note: No trees were killed in the sending of this message,
but a large number of electrons were terribly inconvenienced.
Syndicate My Content - Info Here <http://news.capoliticalnewsalerts.com/c.asp?reysjIBvoh/fRo3xrtk7NwHOiOH9qDVuc/wqY/HXnc9w>

Los Angeles Tries to Steal Land it Won''t Allow Developed <http://news.capoliticalnewsalerts.com/c.asp?8UO0zEQdLXbgEAXH56uN2wHOiOH9qDVuc/wqY/HXnc9w>
For many years the owner of property in L.A. has tried to develop plans for his property. Each time, city agencies have said no, or come back with improved plans. This has been going on for years. Now the city wants to steal the property. Grounds: the land has not been developed. This is theft, I hope the owners sue the city and come away with the deed to City Hall. This corrupt act, by government, shows why Prop. 98 is needed. Government is theft. Eminent domain, after refusing the owner use of the property is corruption. some folks in government need to go to jail over this. Just as a developer is walking away with millions from Half Moon Bay due to the corruption by that city, these owners need to take a couple billion from L.A. for fraud, corruption, abuse of process, for just being crooks. What do you think? Regardless, vote YES on Prop. 98. To see the complete story click on the URL below.
http://www.capoliticalnews.com/s/spip.php?article627 <http://news.capoliticalnewsalerts.com/c.asp?D8Uoq9daoophQvS0b6xtHAHOiOH9qDVuc/wqY/HXnc9w>

Note from Steve: If you enjoy my newsletter, please help my readership grow by passing it around. If some one sent this to you, and you would like your own subscription, you can sign up on my web page at capoliticalnews.com <http://news.capoliticalnewsalerts.com/c.asp?LR6SodlIx0e5dsUf7cfJNAHOiOH9qDVuc/wqY/HXnc9w>
RSS
You can syndicate the latest news of this site in any XML/RSS (Rich Site Summary) files reader. The address of the backend file of the site's articles is:
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Published by Steve Frank
stephenfrank@sbcglobal.net
805-584-3733
805-795-1271 cell

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------ End of Forwarded Message

FW: Alpine's finest sued again...

2008-04-17T13:52:00.000-07:00

------ Forwarded Message
From: <char.ayers@att.net>
Date: Thu, 17 Apr 2008 19:45:15 +0000
To: Charlene Ayers <char.ayers@att.net>
Subject: Alpine's finest sued again...

-------------- Forwarded Message: --------------
From: xxxxxx
To: "Charlene Ayers" <char.ayers@att.net>
Subject: new lawsuit
Date: Thu, 17 Apr 2008 17:41:54 +0000

Lecg, LLC. v. REI-NC, LLC.; Gonya Enterprises, Inc.; Paul Gonya; Kenneth Stroud; David Waitley
4/15/2008 37-2008-00082011 Complaint for breach of contract; promissory fraud; account stated; quantum meruit; declaratory relief. Defendants REI breached the agreement by failing to pay for services rendered by Mack Barclay and Lecg. Defendants have failed to pay the outstanding balance of over $172,000.00

------ End of Forwarded Message

FW: TheVillageNews: Temecula under fire by (Liberty) quarry owners over annexation plan

2008-04-17T11:48:00.000-07:00

------ Forwarded Message
From: <char.ayers@att.net>
Date: Thu, 17 Apr 2008 17:43:44 +0000
To: Charlene Ayers <char.ayers@att.net>
Subject: TheVillageNews: Temecula under fire by (Liberty) quarry owners over annexation plan

-------------- Forwarded Message: --------------
From: "Karen Gruber" <witchywoman@earthlink.net>
Subject: Temecula under fire by (Liberty) quarry owners over annexation plan
Date: Sun, 13 Apr 2008 22:44:14 +0000

The VIllage News 4/10/08

Karen Gruber
witchywoman@earthlink.net

Temecula under fire by quarry owners over annexation plan
<javascript:window.external.AddFavorite('http://www.thevillagenews.com/story.php?story_ID=29485','The Village News - Temecula underfire by quarry owners over annexation plan')>
<http://www.thevillagenews.com/javascript:window.print()>
Local News
Tim O‚Leary
Staff Writer
Thursday, April 10th, 2008.
Issue 15, Volume 12.

Temecula will spend more than $275,000 to annex a 5,000-acre swath of granite-strewn hillsides, a rising cost that has sparked debate over the lone development plan in the rugged area at the city‚s southern doorstep.

„I think whatever they spend is an inappropriate expenditure,‰ said Gary Johnson, aggregate resource development manager for Granite Construction Co., which hopes to develop part of a 414-acre tract as a surface mine at the core of the proposed annexation area. „The revenues are not there and I fail to see the benefit.‰

He called the proposed Santa Margarita Canyon annexation „a blatant attempt‰ by the city to thwart the Liberty Quarry mine plan.

Annexation proponents ˆ Temecula officials and an anti-mine group ˆ are quick to counter Johnson‚s views and defend the expenditures that would expand the city‚s boundary and make zoning changes aimed at halting the quarry proposal for at least two years.

„It sure makes sense to me,‰ responded Kathleen Hamilton, a founder of the Save Our Southwest Hills watchdog group, which opposes the mine plan. „It‚s the hills [city officials] want to protect. If they don‚t annex it, who knows what will happen?‰

The debate escalated last month when Johnson wrote a letter to the Village News that questioned the annexation spending and the projected costs to provide police, fire and other municipal services in the sprawling area.

He elaborated on those views in a subsequent interview.

Mine foes were quick to respond with letters and a telephone interview.

Mayor Mike Naggar also defended the city‚s spending measures and annexation goals in a recent e-mail, saying they are justified because the steps would enhance Temecula‚s open space and trail acquisition efforts.

If approved, the proposed Santa Margarita Canyon annexation would add approximately seven square miles to the city‚s current 30-square-mile perimeter.

A key point of debate is whether the city would eventually reap surplus revenues from the proposed annexation, which would require approval from a Riverside County boundary-setting agency.

An environmental impact report has been prepared in a series of steps prefacing annexation hearings by the City Council and the county Local Agency Formation Commission.

City records show that Temecula has already spent about $263,000 on the environmental impact documents, attorney fees, engineering fees, an economic analysis and other reports and consultant services.

LAFCO typically charges $13,800 to process an application to annex a tract that is the size of the Santa Margarita Canyon proposal, according to that agency‚s materials.

That work, plus a previous annexation study and an ongoing open space analysis, have pushed the city‚s spending on these efforts up to about $400,000.

Those expenses would be in addition to the $500,000 that the Temecula City Council set aside more than a year ago to fight the mine plan in court if needed.

A fiscal analysis of the Santa Margarita Canyon annexation has interjected some uncertainty into the process.

The report, done last June by a Los Angeles consultant, said Temecula would eventually reap nearly $186,000 a year in surplus revenues from that proposed annexation.

But the fiscal analysis notes that budget surplus would occur after 62 new homes are built in the area that currently contains six residences.

That level of development would be allowed under the residential zoning designation to be put in place if the annexation is approved.

The proposed zoning patterns, which also would block the development of a mine in the area, would need to remain in place for at least two years if the annexation is approved, said George J. Spiliotis, LAFCO executive officer.

The consultant‚s fiscal report leaves some unanswered questions because it fails to predict when those 62 homes might be built given the current housing slump and the undermined costs to improve roads and provide water and septic services to that steep, rugged area.

Johnson has also criticized the city for pushing ahead with the proposed Santa Margarita Canyon annexation while holding off on adding surrounding areas that have been the focus of separate annexation studies.

In August, the council discussed a $42,000 study that examined the possibility of Temecula someday adding an additional 20 square miles to its existing boundary.

That report did not examine the proposed Santa Margarita Canyon annexation, which has been studied separately.

The council did not take any action on that study in August.

One of the areas examined then is the escarpment west of Temecula that is bisected by Rancho California Road.

That area is currently the focus of another study, which is now being done by a pair of consulting groups.

The council agreed to pay the Riverside Land Conservancy and the Dangermond Group up to $83,600 to do a separate study seeking ways to acquire open space in the escarpment area.

The contract between the city and the consultants called for that study to be completed last month, but the agreement said an extension would be authorized if all sides agreed.

City officials said last week that study documents are still in draft form and not currently available for public review.

Johnson noted that the city has overlooked home construction on the escarpment as it focuses on annexing land to the south of the city that is primarily within the Santa Margarita Ecological Reserve.

Hamilton and other mine foes reject those assertions and support Temecula‚s step-by-step approach, saying it is wise to first protect the city‚s southern doorstep and then shift its attention to its western ridges.

„Why not start there?‰ Hamilton said in an interview. „I‚d say it‚s the first part of the scenario.‰

------ End of Forwarded Message

FW: SDUT-Mannes: Councilman emotional as he testifies during perjury trial (Castaneda persecution)

2008-04-17T11:47:00.002-07:00

------ Forwarded Message
From: <char.ayers@att.net>
Date: Thu, 17 Apr 2008 17:20:03 +0000
To: Charlene Ayers <char.ayers@att.net>
Subject: SDUT-Mannes: Councilman emotional as he testifies during perjury trial (Castaneda persecution)

<http://oas.uniontrib.com/RealMedia/ads/click_nx.ads/www.uniontrib.com/clickability@Right> Councilman emotional as he testifies during perjury trial

By Tanya Mannes
STAFF WRITER

April 17, 2008

Chula Vista City Councilman Steve Castaneda, who is on trial for perjury, choked up on the witness stand yesterday as he answered questions about his political career.

JOHN GIBBINS / Union-Tribune

Chula Vista City Councilman Steve Castaneda took the stand in his own defense yesterday. Castaneda was charged with 13 counts of felony perjury, but the judge dismissed three of those charges Tuesday.
Castaneda, who is seeking re-election, said he ran for office to make a difference in Chula Vista.

„It was where my family was, it was where I wanted to invest my time and do my community a good job,‰ he said, his voice breaking.

Prosecutor Patrick O'Toole charged Castaneda last year with 13 counts of felony perjury. O'Toole said Castaneda „lied about the facts‰ to obstruct an investigation into corruption allegations involving Castaneda and real estate developer Ashok Israni.

Judge Michael Wellington on Tuesday dismissed three of the perjury charges for lack of evidence.

Yesterday in downtown San Diego Superior Court, Castaneda testified that it wouldn't have occurred to him to lie.

„I knew I didn't do anything wrong,‰ he said.

During three hours of testimony that at times strained

Wellington's patience, Castaneda answered questions about his family, his volunteer work on city planning commissions, his career, his election campaigns and his duties as a councilman.

Several times, Wellington asked O'Toole to condense his questioning, saying, „I think the jury has heard this.‰

About a dozen family members and supporters were in the courtroom, with some wearing „Steve Castaneda for Mayor‰ buttons from his unsuccessful campaign two years ago. Other witnesses yesterday included Castaneda's aide, Linda Wagner, and a friend, Daniel Hernandez.

O'Toole, who is head of the Public Integrity Unit of the District Attorney's Office, began investigating Castaneda based on a tip that Castaneda used his position to receive free rent or a discount in 2005 on a converted condominium from Israni, president of Pacifica Cos. O'Toole found no evidence of wrongdoing.

Castaneda didn't make an offer or purchase one of the condos, but O'Toole believes he once intended to buy one.

During the investigation, Castaneda repeatedly said under oath that he never intended to buy a condominium or receive favors from Israni, which led to the perjury charges.

O'Toole also had charged Castaneda with two unrelated misdemeanors, saying he didn't disclose income on state-required forms for elected officials. This trial addresses only the perjury. O'Toole said he might drop the other charges.

This is the Public Integrity Unit's first trial since it was established two years ago. O'Toole has charged one other person, also for perjury. That case ended with a misdemeanor guilty plea last year.

Castaneda has described O'Toole's investigation as a „political witch hunt‰ intended to prevent him from winning re-election. He said last year that District Attorney Bonnie Dumanis, O'Toole's boss, sought to damage his reputation and help his rival, Chula Vista Mayor Cheryl Cox.

Dumanis has declined to comment on those statements.

Tanya Mannes: (619) 498-6639; tanya.mannes@uniontrib.com <http://www.signonsandiego.com/uniontrib/20080417/MAILTO:tanya.mannes@uniontrib.com>

------ End of Forwarded Message

FW: NCTimes-Hunneman: Temecula: Bianchi to close plant

2008-04-17T11:47:00.001-07:00

------ Forwarded Message
From: <char.ayers@att.net>
Date: Thu, 17 Apr 2008 17:07:27 +0000
To: Charlene Ayers <char.ayers@att.net>
Subject: NCTimes-Hunneman: Temecula: Bianchi to close plant

Thursday, April 17, 2008
Last modified Wednesday, April 16, 2008 9:31 PM PDT

<javascript:thumbnailWindow('/articles/2008/04/17/news/californian/temecula/3f2dab5cfe58cdf78825742d007f3e07.img', 600, 434)>
Bianchi International, a renowned holster manufacturer that started in Temecula, is vacating the plant on Jefferson Avenue it has occupied for several decades, sources say. / STEVE THORNTON Staff Photographer

TEMECULA: Bianchi to close plant

By JOHN HUNNEMAN - Staff Writer

TEMECULA ---- An internationally known manufacturing firm whose company founder helped keep the Old West alive in Temecula will mosey out of town later this year.

Bianchi International, known worldwide as a leading manufacturer of high-quality handgun holsters and accessories, will be leaving Temecula, The Californian confirmed Wednesday.

Although company executives could not be reached for comment, several of the business's employees contacted by phone said Bianchi will be leaving its Temecula location.

The company's founder, John Bianchi, no longer owns the firm, but his family still owns the Temecula building housing the manufacturer. He said the company is leaving.

A Lee & Associates sign posted outside the company's 44,100-square-foot industrial building at Jefferson Avenue and Calle Cortez says the building is available for lease.

"We've been told the building will become vacant on Oct. 1," said Mike Strode of Lee & Associates.

Just how many jobs will be leaving with Bianchi's departure is unclear. Various business-related Web sites state the company has as many as 230 employees at the Temecula plant.

At its peak in the 1970s and 1980s, the firm employed 350 people, Bianchi said.

"We were the largest employer in the valley back then," he added.

Bianchi International also has a 40,000-square-foot manufacturing plant in Calexico. However, Bianchi said he did not know whether the jobs in Temecula would be headed there or elsewhere.

"The company is continuing to grow," he said. "These days they manufacture product lines on three continents."

The Bianchi family sold their interest to a private equity holding company in 1987. John Bianchi stayed with the company until retiring in 1992.

Ownership has since changed hands, most recently in 1994 when Bianchi was acquired by Armor Holdings, a leading manufacturer of security and vehicle armor systems for commercial, military and law enforcement use. Last year, Armor Holdings was purchased by BAE Systems, a British-based global defense and aerospace company.

John Bianchi moved his company, then called Bianchi Holster Company, from Monrovia to Temecula in 1971. The company, which he started in 1958 as a small mail-order business in his gar age, grew out of Bianchi's desire to create a holster he could wear as a Monrovia police officer.

Bianchi retired from the police force in 1964.

"I took about $1,700 in retirement money, paid off my house, bought an economy car and started to build the business on a dime," he said.

Bianchi's design concepts for holsters were considered to be well ahead of their time. Millions of Bianchi holsters have been sold.

Originally made only of leather, over the years Bianchi holsters have been made of both canvas and nylon and used by law enforcement officers, private gun owners and the U.S. military.

"We developed a very strong cult following around the world," he said. "We had the right product at the right time and the right price."

Bianchi said he found a lot to like in Temecula when he first bought property here in the late 1960s.

"Temecula held a promise of a great lifestyle ---- a true country atmosphere," he said. "I liked the people; I liked their work ethic and it was a great place to raise a family."

Bianchi built his manufacturing facility on Jefferson Avenue ---- which eventually grew to 70,000 square feet ---- "from the ground up," he said. "There was nothing else like it here."

He also become enamored of the area's history.

A collector of Western guns and memorabilia, he opened the Bianchi Frontier Museum in 1982 next to his manufacturing plant in Temecula. The collection was said to be among the largest in the world.

However after several years, and with the museum not drawing as many visitors as needed to make it viable, Bianchi sold his entire collection to cowboy film and music star Gene Autry for a planned museum in Burbank.

The collection included many Temecula artifacts ---- including a large diorama Bianchi had built that depicts Old Town Temecula in 1914 ---- and local business and community leaders raised $20,000 to buy those items back.

Some of those i tems, including the diorama, are on display at the Temecula Valley Museum.

"There were many disappointed people in Temecula when the museum closed," he said. "But no one was more disappointed than me."

Bianchi was also a founder of the Temecula Historical Society, which put plaques on historical buildings in Old Town and worked with the county to establish ordinances to control the design of new buildings in the community and the modification of older ones.

Strode, a veteran of the commercial real estate market in the region, said manufacturing jobs leaving Southwest County is not uncommon these days. He added that most of the new jobs coming here are retail and service-oriented.

"That's what's going on," he said. "Manufacturing jobs need to have lower operating costs specific to labor. It's very expensive to operate here."

Bianchi said he will be sad when the company he founded closes in Temecula.

Over the years, more than 10,000 people ha ve worked at the firm, he said ---- some for a short period, others for 25 or 30 years.

"There's a tinge of sadness," said Bianchi, who is "on the other side of 70" and now lives in Rancho Mirage. "Many people believe the success we had fueled the growth and investment that eventually came to Temecula."

Contact columnist John Hunneman at (951) 676-4315, Ext. 2603, or hunneman@californian.com.

------ End of Forwarded Message

FW: NCTimes-Pfingsten: Bonsall: Horse community looks good to planners

2008-04-17T11:47:00.000-07:00

------ Forwarded Message
From: <char.ayers@att.net>
Date: Thu, 17 Apr 2008 17:11:35 +0000
To: Charlene Ayers <char.ayers@att.net>
Subject: NCTimes-Pfingsten: Bonsall: Horse community looks good to planners

Thursday, April 17, 2008
Last modified Wednesday, April 16, 2008 6:42 PM PDT

BONSALL: Horse community looks good to planners

By TOM PFINGSTEN - Staff Writer

BONSALL ---- Planners in Bonsall said they were pleased with a developer's proposal to build an equestrian-friendly neighborhood of 22 homes on 206 acres in the Camino del Rey area west of Interstate 15.

Dubbed "Brisa del Mar," the project would be built just east of Saratoga Estates, a gated community of large, expensive homes off Camino del Rey.

"Everything in (the area) is equestrian, so we are kind of going to market it as an equestrian project where the lots are large enough for residents to have their horses on the site," said project manager Thure Stedt, who works for TRS Consultants in San Diego.

Bonsall Sponsor Group member Margarette Morgan said the project's only drawback is that county planners want the developer to include all the trappings of a suburban development in a neighborhood that would be rural in nature.

"The challenge that we seem to have is that, in the semi-rural area of Bonsall, the standards that the county establishes for a subdivision are all based on urban requirements," Morgan said. "We're dealing with street lights, curbs, gutters, sidewalks, which do not fit in our community.

"We're rural estates ---- half an acre of the smallest portion of the district, on up to 60-acre parcels," she added. "The majority of property is (split up into) two acre s or better."

Stedt said the project originally consisted of 27 homes.

"The county came back with some feedback, and the current 22 lots is a reflection of that feedback," Stedt said. "It's well below the theoretical maximum for that site."

In this rural part of San Diego County, as in nearby Fallbrook, lot sizes are often the most controversial part of a development. When builders ask to erect dense neighborhoods with several homes per acre, planners often balk, saying such developments do not fit in with the rural character of the area.

At Brisa del Mar, Stedt said the plan is to preserve about 110 acres of the property as open space, and to remove invasive species from Moosa Creek, which runs through the site.

"Over time, most of the drainages in San Diego County degrade because exotics get into the streambeds," he said, adding that by removing invasive species, crews will restore wetlands that are currently in poor condition.

Aside from what she termed unreasonable requests from the county, Morgan said the sponsor group seemed positive about the Brisa del Mar project when it met two weeks ago.

"We like the way the property has been designed and it's very beautiful," said Morgan. "We were happy with the layout, with what they're doing. The project looks like it would fit very well in the community."

Stedt said the project is about to undergo its required environmental review, and that construction on the development would begin in 2009 at the earliest.

Meanwhile, Morgan said the group will keep reminding the county that many of the neighborhoods that will be built in Bonsall should be considered rural developments.

"We'll continue to request that they look at each of the projects submitted in Bonsall on a case-by-case basis," she said.

Contact staff writer Tom Pfingsten at (760) 740-3516 or tpfingsten@nctimes.com.

------ End of Forwarded Message

FW: Ramona Sentinel: Boutique wineries squeak through county planners

2008-04-17T07:59:00.000-07:00

Possible Wine Beat story for Crush or Joe Deegan:

------ Forwarded Message
From: <char.ayers@att.net>
Date: Thu, 17 Apr 2008 06:11:00 +0000
To: Charlene Ayers <char.ayers@att.net>
Subject: Ramona Sentinel: Boutique wineries squeak through county planners

> -------------- Forwarded Message: --------------
> From: xxxxx
> To: char.ayers@att.net
> Subject: Ramona Sentinel: Boutique wineries squeak through county planners
> Date: Thu, 17 Apr 2008 03:15:34 +0000
>
>
> Article contains inevitable misquotes and out-of-context sound bytes
> characteristic of the local press... but here it is warts and all.
>
> Note: The proposed ordinance draft options to be discussed at the BOS April
> 23 hearing are largely DOA for private road wineries.
>
> XXXXX
>
>
> Boutique wineries squeak through county planners
>
> http://www.ramonasentinel.com/default.asp?sourceid=&smenu=1&twindow=&mad=&sd
> etail=5413&wpage=1&skeyword=&sidate=&ccat=&ccatm=&restate=&restatus=&reoptio
> n=&retype=&repmin=&repmax=&rebed=&rebath=&subname=&pform=&sc=1085&hn=ramo nas
> entinel&he=.com
>
> Joe Naiman 17.APR.08
> A proposed boutique winery ordinance does not need an environmental impact
> report (EIR), county planning commissioners agreed in a 4-3 vote.
>
> San Diego County Board of Supervisors, scheduled to hear the ordinance
> proposal April 23, will have the final decision whether to approve the
> ordinance allowing tasting rooms and on-premise wine sales by right for
> boutique wineries accessed by public roads, with conditions for boutique
> wineries accessed by private roads ˜ or require an EIR to study the impacts
> of by-right tasting rooms and on-premise sales for wineries off public and
> private roads.
>
> The decision not to require an EIR could be challenged in court, which is
> why the county's Department of Planning and Land Use (DPLU) and county
> counsel recommended an EIR.
>
> Planning commissioners Bryan Woods, David Pallinger, Leon Brooks, and Adam
> Day voted to recommend not re quiring an EIR. Commissioners Michael Beck,
> David Kreitzer, and John Riess recommended requiring an EIR for the
> ordinance and allowing tasting rooms and on-premise sales with an
> administrative permit until the EIR was certified.
>
> "If the board (of supervisors) wants to make changes to our recommendation,
> that's certainly their right," Pallinger said on April 4. "I think this
> body carefully considered this."
>
> On March 7, San Diego County Planning Commission heard the proposed
> boutique winery ordinance and recommended passage of a compromise proposal
> while also voting to approve an environmental mitigated negative
> declaration for the ordinance.
>
> The ordinance was slated to go to the Board of Supervisors on March 26, and
> the March 21 planning commission hearing initially was to have discussed
> minor revisions. As DPLU staff members prepare the board letter for
> supervisors‚ meeting, they believed that additional changes we re needed.
> DPLU also determined that insufficient notice of the March 21 hearing was
> provided, so the planning commission voted unanimously to continue the
> hearing to April 4.
>
> After evaluating all of the information received and conferring with county
> counsel, DPLU determined that an EIR would be needed to address potential
> noise, traffic, and groundwater impacts from by-right on-premise sales and
> tasting rooms at boutique wineries.
>
> "The members were dismayed at the result," said Bill Schweitzer, president
> of the Ramona Valley Vineyard Association.
>
> In February 2007, the board of supervisors directed county staff to return
> with an ordinance that would exempt wineries producing no more than 12,000
> gallons per year and on agriculturally zoned land from discretionary permits.
>
> Existing zoning rules define two types of wineries:
>
>  A Wholesale Limited Winery allows production of up to 7,500 gallons
> annually an d is allowed by right in agricultural zones but does not allow
> retail activities, tasting rooms, or special events.
>
>  A Winery is allowed by right in industrial zones but is required to have
> a major use permit in agricultural zones and in certain residential and
> special purpose zones.
>
> Tasting rooms, special events, and retail sales can be allowed under the
> conditions of a major use permit.
>
> The supervisors' February 2007 recommendation created four new categories
> of wineries in addition to the Wholesale Limited Winery category:
>
>  Boutique wineries˜produce no more than 12,000 gallons per year,
>
>  Small wineries˜produce up to 55,999 gallons annually,
>
>  Medium wineries˜produce under 100,000 gallons, and
>
>  Large wineries˜produce at least 100,000 gallons.
>
> The ordinance under consideration only covers boutique wineries. The only
> winery in San Diego County currently producing more than 12,000 gallons
> annually is Orfila Vineyards, located within the San Diego city limits in
> the San Pasqual Valley.
>
> Various restrictions in the proposed ordinance cover hours of operations,
> local and on-site production minimum percentages, facility size, and other
> aspects. The proposed boutique winery ordinance only applies to properties
> with A70 and A72 agricultural zoning and was specifically designed to avoid
> boutique wineries in areas with residential zoning.
>
> On Sept. 7 the county's Planning Commission unanimously returned the matter
> to the Board of Supervisors without a specific ordinance but recommended
> that wineries accessible by public roads be allowed by right while noting
> that time would be required for a solution to wineries accessed by private
> roads.
>
> Opponents have indicated that all owners of a private road may be liable if
> an accident occurs and that trips to wineries may create a disproportional
> burden on private roa ds for which all owners share maintenance cost
> responsibility.
>
> The supervisors' 5-0 vote Dec. 5 directed county staff to return to the
> supervisors within 120 days with an ordinance which would allow tasting
> rooms and on-premise wine sales by right for boutique wineries accessed by
> public roads while establishing conditions for boutique wineries accessed
> by private roads. The ordinance drafted by county staff provided language
> similar to a Ramona Valley Winery Association compromise proposal. If fewer
> than ten parcels between the closest public road and the winery must be
> accessed, the winery may operate by right if the winery enters into a road
> maintenance agreement, which includes addressing the liability of property
> owners, with all parcel owners between the public road and the winery. If a
> road maintenance agreement cannot be obtained, or if more than 10 parcels
> between the public road and the winery are accessed, an admini strative
> permit will be required.
>
> The alternative recommended April 4 by the Planning Commission is similar
> to the March 7 ordinance other than new language stipulating findings for
> the administrative permit.
>
> Leaders from both sides of previous debates supported the March 7
> compromise while some members from each side expressed opposition to the
> clauses intended to address each other's concerns.
>
> Whether to require an EIR or to accept a negative declaration or mitigated
> negative declaration is a discretionary matter, although a defect in the
> negative declaration ˜ for example omission of an archeological site ˜
> would require an EIR. Opponents had argued that the ordinance would require
> an EIR, but DPLU and county counsel did not make that recommendation until
> after the March 7 hearing.
>
> "We were trying to carefully weigh the evidence that had come in in support
> of the fair argument," said Paul Mehnert, who re presented county counsel at
> the April 4 hearing.
>
> Mehnert indicated that DPLU and county counsel believed that the cumulative
> arguments were not decisive at the time of the March 7 hearing.
>
> "It makes no sense for the county," said Bud Wiederrich of Orrin Vineyards
> and Winery in Warner Springs. "It must be extremely frustrating for the
> board of supervisors."
>
> Harvesting and wholesale sales (with state approval) are already permitted
> in agricultural areas. The state Alcoholic Beverage Commission (ABC) issues
> a Type 2 winegrowers license, which allows for wholesale sales, and a
> letter from ABC district supervisor Robin Van Dyke said that ABC approval
> is necessary for retail sales or on-site tasting rooms.
>
> The ABC process also includes public hearings.
>
> "I should only have to apply to the ABC," Wiederrich said. "There is
> absolutely no reason in duplicating already existing regulations."
>
> "Many of these wine ries are under financial duress right now," said Dennis
> Grimes of Eagle's Nest Winery in Ramona. "We're facing an economic downturn."
>
> Grimes noted that the EIR process covers impacts but also includes
> provisions for overriding considerations.
>
> "There's a balance implied in that intent," he said. "I don't believe there
> are any significant issues here."
>
> Grimes added that promotion of boutique wineries would also help local
> lodging facilities and other retail businesses.
>
> Steve Pelzer, who has opposed the ordinance, submitted a neutral slip for
> the April 4 hearing.
>
> "What I'm trying to get are some answers to some questions and issues," he
> said. "...I'm still unclear about the administrative permit, how it works
> and how it addresses the issues."
>
> The administrative permit process requires notification of all property
> owners within 300 feet of the winery's boundaries and notification of at
> least 20 property owners. The permit will not require a hearing unless the
> applicant or an affected party requests a hearing. If a hearing is
> requested, the county's zoning administrator will hold it. A zoning
> administrator decision can be appealed to the planning commission by either
> side .
>
> "The proponents of this ordinance across the county have worked very hard
> the last two years," said Carolyn Harris of Chuparosa Vineyards in Ramona.
> "Today we are back to where we were two years ago."
>
> Harris, who is also the secretary and general counsel of the Ramona Valley
> Winery Association, said that the only change since the hearings has been a
> change in staff.
>
> "This has been a very abrupt turnaround," she said. "To say that we are
> appalled would be an understatement."
>
> Harris noted that the intent of the proposed ordinance was to obtain relief
> from the major use permit requirement.
>
> "It was onerous," she said. "It was not enabli ng the development of
> wineries in San Diego County."
>
> Two years ago advocates of the proposed ordinance inquired whether an EIR
> process should be started as the ordinance was being developed.
>
> "At this time it would have been accomplished," Harris said. "I believe the
> EIR is being used as a very ugly weapon. I believe it's not justified.
>
> "I'd like to see this planning commission tell the planning staff to stand
> down."
>
> Harris opposes the interim administrative permit requirement.
>
> "We are not happy with that compromise," she said. "It means that in the
> future we will continue to have zero boutique wineries."
>
> Harris, who disputes the need for an EIR, asked that, if it were required,
> it address all four levels of wineries at the same time.
>
> "I think that criteria was wild-eyed, unsubstantiated and over the top,"
> she said. "I'll be glad to argue every single one of those wild-eyed,
> speculative arguments ."
>
> Richard McClellan of Ramona has a vineyard on three acres but does not
> operate a winery.
>
> "Why did we get reset to zero here?" he asked. "Nothing's changed. This is
> all the same thing."
>
> McClellan questioned the pesticide impact of boutique wineries.
>
> "You don't use pesticides in wineries. You do that in growing grapes," he
> said. "This is not an academic exercise. You screwed up and it's costing us
> apparently two years."
>
> Ramona Valley Winery Association member Michael Kopp of Kohill Winery said,
> "Our goal here is to re-establish the wine industry in San Diego County. We
> compromised in good faith with the DPLU. The original structure provided a
> complete framework for winery industry growth."
>
> Eric Larson, the executive director of the San Diego County Farm Bureau,
> noted that pesticides and stormwater runoff are already regulated and that
> the county has strong grading and clearing ordinances to mitigat e those
> impacts.
>
> "These issues are already addressed," he said. "How do you mitigate zero
> impact?"
>
> Larson also noted that the by-right authorization applies only to the
> boutique wineries.
>
> "These are the smallest of farmers," he said. "This was the entry level.
> This was the zero-impact farm we were talking about."
>
> Larson added that the administrative permit requirement would also negate
> by-right mail-order or Internet sales.
>
> "They cannot answer the phone and take an order from someone," he said.
> "That's almost a restraint of trade."
>
> Larson opposes the administrative permit requirement.
>
> "That process could easily be as onerous as a major use permit," he said.
> "I'm fearful of the use permit process in farming. I'm fearful about the
> precedent it sets."
>
> Larson indicated that some farmer would need to be the "sacrificial lamb"
> to determine the ease or lack thereof of obtaining an administr ative use
> permit. He also argued that such permits are not necessarily in perpetuity.
>
> "That could be pulled out from underneath them sometime in the future," he
> said.
>
> "We are not in support of the AUP, MUP, or EIR,‰ said Ramona Chamber of
> Commerce President Carol Fowler. „We are in support of the boutique winery
> ordinance.
>
> "This would be the jump-start to the economy of Ramona. This is the key to
> making Ramona a destination, not just a pass-through community."
>
> Gerardo Cordiano owns a winery in Highland Valley between Ramona and
> Escondido.
>
> "We use very little water," he said. "The pesticides are almost nil."
>
> Beth Edwards of Edwards Cellars in Ramona told the commissioners that she
> may need to explain her low farm sales to the Internal Revenue Service.
>
> "We only get one crop a year," she said. "I can only put it off so long
> before I have to sell."
>
> Edwards noted that the administrative permi t and the major use permit were
> both discretionary.
>
> "It's really a lion named Kitty," she said. "The only difference is the
> starting fee."
>
> The starting fee is a deposit, and more money may later be required.
>
> "I can't afford that," Edwards said. "This is farm land. I'm a farmer."
>
> Bruce Eastwood of Ramona supports the EIR requirement but does not believe
> the county should fund it.
>
> "Developers have to pay for their EIRs," he said. "Why shouldn't these people?
>
> "I do not want intoxicated drivers or pedestrians on the private easement
> road on my property. Harris says we're back to square one. All right, end
> it. Throw it out."
>
> Ramona resident Don Kovacic supports keeping the major use permit
> requirement but with streamlining and subsidies to make the process less
> onerous for wineries while preserving the rights of other community members.
>
> "The CEQA issues are numerous and wide-ranging," he said, ci ting regional
> cumulative impacts such as fire risk and air quality.
>
> Jim Beggs lives on a private road in Ramona and notes that the
> agriculturally zoned areas contain both farms and residences.
>
> "I think we have to accommodate both uses," he said. "I'm for a
> discretionary permit process."
>
> Schwaesdall Winery, Ramona's only boutique winery with a major use permit
> for a tasting room, is one of six wineries in San Diego County have major
> use permits.
>
> "I don't even think the major use permit process was that onerous," he said.
>
> Proponents have noted that John Schwaesdall completed that process in 1996
> at a cost of $7,000. The average major use permit now costs $218,000 with
> some applicants paying below the average and others paying above the average.
>
> Schweitzer notes that the ultimate four-tier process covers wineries that
> grow.
>
> "Boutique wineries have limited size tasting rooms," he said. "If you
> w anted to get bigger, you'd have to go AUP."
>
> The planning commission asked Mehnert whether existing regulations negated
> the need for an EIR. He did not think so, saying "You can't merely defer
> CEQA analysis into the future."
>
> "We don't think that our existing ordinances cover the full spectrum that
> would alleviate all these impacts," said acting DPLU Director Eric Gibson.
>
> "We're going to place this on the heads of a small boutique winery that's
> got three acres of grapes?" Woods said. "The information's been on the table."
>
> The county's "farm stand" ordinance allows for direct sales on or adjacent
> to the property while limiting the farm stand to a maximum of 200 square
> feet.
>
> "We have cottage industries that can draw some traffic to a home," Kreitzer
> said.
>
> Kreitzer supported staff recommendation for an EIR, noting that such a
> study would prove the minimal impacts.
>
> Beck believes that regional issues m ay exist.
>
> Beck also believes that an EIR would stave off a court-ordered EIR in the
> future.
>
> "I think you can add a year to this process with litigation," he said. "The
> most direct expeditious way is staff's recommendation."
>
> Riess also fears the potential of litigation.
>
> "County counsel would not be stepping forward and making this
> recommendation unless there was a serious risk," he said.
>
> "I'm very disappointed that it came to this," Pallinger said. "I think this
> really should go to the board of supervisors as previously approved by this
> body."
>
> Day noted that the arguments had previously been considered.
>
> "This situation is a microcosm of the perception of failed government at
> every level," he said. "This is just a veiled threat. If they are serious,
> let them follow through, but let's at least get to that point."
>
> Day noted that a challenge to the mitigated negative declaration would
> delay t he EIR by about a month.
>
> "Anyone who's going to challenge this is going to have a limited time to
> challenge it," he said. "If we're really serious about this, let's get to
> the bottom line."
>
>
> ------ End of Forwarded Message

FW: SDDT-Biberman: SOHO says General Plan doesn't protect enough (City of San Diego)

2008-04-17T07:57:00.002-07:00

------ Forwarded Message
From: <char.ayers@att.net>
Date: Thu, 17 Apr 2008 06:24:53 +0000
To: Charlene Ayers <char.ayers@att.net>
Subject: SDDT-Biberman: SOHO says General Plan doesn't protect enough (City of San Diego)

SOHO says General Plan doesn't protect enough
By THOR KAMBAN BIBERMAN, The Daily Transcript
Wednesday, April 16, 2008

Save Our Heritage Organisation (SOHO) has filed a lawsuit against the city of San Diego challenging the adequacy of the municipality's general plan.

The complaint filed in Superior Court Tuesday alleges the plan and its related amendments fail to comply with the California Environmental Quality Act and is legally inadequate with regards to the protection of historical resources. The case is now pending before Superior Court Judge Ronald Prager.

SOHO says while the General Plan approved by the City Council last month provides a mitigation framework to reduce impacts to historic resources, such as reliance on the Mills Act that provides tax incentives for rehabilitation of qualified historic properties, San Diego Mayor Jerry Sanders has recommended reducing these protections. "in contravention of law." Sanders' office could not be reached for comment Wednesday afternoon.

The lawsuit also claims that the environmental impact report for the General Plan failed to include an adequate analysis of the environmental setting and of the impacts of build-out relative to historic, cultural and archaeological resources. In addition, it allegedly failed to identify areas most likely to face development-related impacts to historic resources.

SOHO Executive Director Bruce Coons said while he felt the lawsuit was necessary, he is confident an accord between SOHO and the city may yet be reached.

"We hope to work with the city to correct the inadequacies of the General Plan to adequately mitigate effects on the city's irreplaceable and unique historic resources ..." Coons said. "I still think we're not too far apart."

SOHO is being represented by Napa, Calif., attorney Susan Brandt-Hawley, who has represented SOHO in many of its cases within recent years.

------ End of Forwarded Message

FW: Fabulous!: SDUT-Braun: Integrity is on trial, in an odd sort of way (Jury laughs at Dumanis' & O'Toole's BIG score)

2008-04-17T07:57:00.001-07:00

------ Forwarded Message
From: <char.ayers@att.net>
Date: Thu, 17 Apr 2008 01:59:58 +0000
To: Charlene Ayers <char.ayers@att.net>
Subject: Fabulous!: SDUT-Braun: Integrity is on trial, in an odd sort of way (Jury laughs at Dumanis' & O'Toole's BIG score)

-------------- Forwarded Message: --------------
From: PatsyFritz@aol.com
To: char.ayers@att.net, gerry.braun@uniontrib.com
Subject: Re: SDUT-Braun: Integrity is on trial, in an odd sort of way (Jury laughs at Dumanis' & O'Toole's BIG score)
Date: Wed, 16 Apr 2008 23:10:31 +0000

In a message dated 4/16/8 5:32:41 PM, char.ayers@att.net writes:

<< His trial is the first prosecution by District Attorney Bonnie Dumanis'
highly touted (by her) Public Integrity Unit, which spent nearly two years
looking into the crime Castaneda did not commit. >>

SUCH A FABULOUS COLUMN BY BRAUN!

Now I want to see a Grand Jury investigation into the COSTS involved in
bringing this to court: O'Toole's time, the investigator's time, flying in
witnesses (by Virgin Air?), various clerical/administrative costs. Also,
paralegals don't run che ap, though maybe Dumanis can now enlist them from tryouts at the
Comedy Club - sort of interns ... in their field, or Bonnie's. The whole
sorry ball of wax - what did this cost the taxpayers?

And while we're at it, even if Castaneda was "thinking" of buying, isn't
"thinking" protected by the First Amendment? If you can get an abortion as a
"right of privacy" can't you also mull over real estate prices as "a right of
privacy"? (Hell, Bill Horn's real estate deal that houses his Chief of Staff
Joan Wonsley in regal splendor in Carlsbad has certainly been granted "extended
privacy" by the County!)

Hasn't anyone come up with the premise that rents often relate to the current
value of real estate (as well as supply and demand)? If I were told the
market value of a rental is $1 million and the rent is $1,000/month I would
think "Such a deal!"

If I learned (by asking) that the market value was $90,000 then I'd think
$1,00 0 rent was too high.

Supposing Castaneda had asked "Does it have a fireplace?" (or dishwasher,
disposal, central air, toilets, garage space, etc.) would this mean Castaneda
was trying to finagle getting a fireplace installed? (or dishwasher, toilets,
etc.) Noooo ... he just wanted to know what he's getting for his $$$.

It's all normal info gathering that a future renter should collect.

Why isn't anybody in court asking about Castaneda's political relationship to
Mayor Cheryl Cox, whose husband is County Board of Supervisors Greg Cox - the
Board that funds Dumanis and O'Toole's office?

Are The Lincoln Club or the Republican Central Committee shown as "friends of
the court" in this VERY political travesty? If not, why not?

Patsy Fritz

------ End of Forwarded Message

FW: Outrageous: SDUT-Braun: Integrity is on trial, in an odd sort of way (Jury laughs at Dumanis' & O'Toole's BIG score)

2008-04-17T07:57:00.000-07:00

------ Forwarded Message
From: <char.ayers@att.net>
Date: Thu, 17 Apr 2008 02:03:29 +0000
To: Charlene Ayers <char.ayers@att.net>
Subject: Outrageous: SDUT-Braun: Integrity is on trial, in an odd sort of way (Jury laughs at Dumanis' & O'Toole's BIG score)

-------------- Forwarded Message: --------------
From: xxxxxx
To: PatsyFritz@aol.com, char.ayers@att.net, gerry.braun@uniontrib.com
Subject: Re: SDUT-Braun: Integrity is on trial, in an odd sort of way (Jury laughs at Dumanis' & O'Toole's BIG score)
Date: Wed, 16 Apr 2008 23:46:10 +0000

It's amusing that Pat O'Toole only prosecuted one slam dunk ethics
case against Young's chief-of-staff when he briefly had a similar
position at the city. It's also amusing that Bonnie Dumanis refused
to prosecute Madaffer for his role at San Diego Data Processing
including misuse of a SDDP credit card to buy several items for
personal use including computer games.

At least it would be amusing if it wasn't so outrageous. Cheryl Cox
must be delighted with Bonnie!

XXX

At 7:10 PM -0400 4/16/08, PatsyFritz@aol.com wrote:
>In a message dated 4/16/8 5:32:41 PM, char.ayers@att.net writes:
>
><< His trial is the first prosecution by District Attorney Bonnie Dumanis'
>highly touted (by her) Public Integrity Unit, which spent nearly two years
>looking into the crime Castaneda did not commit. >>
>
>SUCH A FABULOUS COLUMN BY BRAUN!
>
>Now I want to see a Grand Jury investigation into the COSTS involved in
>bringing this to court: O'Toole's time, the investigator's time, flying in
>witnesses (by Virgin Air?), various clerical/administrative costs.
>Also, paralegals
>don't run cheap, though maybe Dumanis can now enlist them from tryouts at the
>Comedy Club - sort of interns ... in their field, or Bonnie's. The whole
>sorry ball of wax - what did this cost the taxpayers?
>
>And while we're at it, even if Castaneda was "thinking" of buying, isn't
>"thinking" protected by the First Amendment? If you can get an abortion as a
>"right of privacy" can't you also mull over real estate prices as "a right of
>privacy"? (Hell, Bill Horn's real estate deal that houses his Chief
>of Staff Joan
>Wonsley in regal splendor in Carlsbad has certainly been granted "extended
>privacy" by the County!)
>
>Hasn't anyone come up with the premise that rents often relate to the current
>value of real estate (as well as supply and demand)? If I were told the
>market value of a rental is $1 million and the rent is $1,000/month
>I would think
>"Such a deal!"
>
>If I learned (by asking) that the market value was $90,000 then I'd think
>$1,000 rent was too high.
>
>Supposing Castaneda had asked "Does it have a fireplace?" (or dishwasher,
>disposal, central air, toilets, garage space, etc.) would this mean
>Castaneda was
>trying to finagle get ting a fireplace installed? (or dishwasher, toilets,
>etc.) Noooo ... he just wanted to know what he's getting for his $$$.
>
>It's all normal info gathering that a future renter should collect.
>
>Why isn't anybody in court asking about Castaneda's political relationship to
>Mayor Cheryl Cox, whose husband is County Board of Supervisors Greg Cox - the
>Board that funds Dumanis and O'Toole's office?
>
>Are The Lincoln Club or the Republican Central Committee shown as "friends of
>the court" in this VERY political travesty? If not, why not?
>
>Patsy Fritz

**************
Need a new ride? Check out the
>largest site for U.S. used car listings at AOL Autos.

>(http://autos.aol.com/used?NCID=aolcmp00300000002851)

------ End of Forwarded Message

FW: Soooo important: SDUT-Braun: Integrity is on trial, in an odd sort of way (Jury laughs at Dumanis' & O'Toole's BIG score)

2008-04-17T07:56:00.000-07:00

------ Forwarded Message
From: <char.ayers@att.net>
Date: Wed, 16 Apr 2008 20:51:36 +0000
To: Charlene Ayers <char.ayers@att.net>
Subject: Soooo important: SDUT-Braun: Integrity is on trial, in an odd sort of way (Jury laughs at Dumanis' & O'Toole's BIG score)

-------------- Forwarded Message: --------------
From: xxxx
To: char.ayers@att.net
Subject: Re: SDUT-Braun: Integrity is on trial, in an odd sort of way (Jury laughs at Dumanis' & O'Toole's BIG score)
Date: Wed, 16 Apr 2008 17:43:01 +0000

That's probably why the Ramona Community Planning Group didn't get prosecuted for the alleged Brown Act violation by Dumanis' Public Integrity Unit. This one was soooo much more important.

char.ayers@att.net wrote:

ONLY IN SAN DIEGO
Integrity is on trial, in an odd sort of way

April 16, 2008
I don't know Chula Vista Councilman Steve Castaneda. But whenever a politician is accused of corruption, I want to be there for him ˆ in body, if not in spirit.

That impulse led me this week to the San Diego courtroom where Castaneda is on trial for perjury. He is accused of lying during an investigation into a crime he did not commit.

His trial is the first prosecution by District Attorney Bonnie Dumanis' highly touted (by her) Public Integrity Unit, which spent nearly two years looking into the crime Castaneda did not commit.

The legal stakes are high. The political stakes are higher. So why were jurors fidgeting and smirking?
Well, as Superior Court Judge Michael D. Wellington noted in court Monday, „This is an unusual case in a number of ways.‰

For opene rs, there's the wacky route it took to the courthouse.

Dumanis' unit began looking at Castaneda in 2006, after receiving a tip that he was getting special favors from Ashok Israni, a major Chula Vista developer.

As it turned out, Castaneda got no special favors.

As it further turned out, even if he had gotten the special favors that were alleged, it wouldn't have been illegal.

Case closed? Dream on.

Dumanis' office wasn't letting Castaneda off the hook that easy. It decided he lied to the grand jury about the crime he didn't commit, the one that wasn't a crime to begin with. So it charged him with 13 counts of perjury.

Prosecutor Patrick O'Toole says Castaneda lied to throw the investigation off its track.

Maybe he did. Maybe Castaneda wanted to throw the investigation onto the track of a crime he actually did commit, one that actually was a crime. As a public service.

Anything's possible.

Another odd thing about this t rial: O'Toole keeps trying to talk about the suspicious circumstances that led him to investigate Castaneda in the first place, even though those matters ˆ as Wellington has patiently reminded him ˆ have limited bearing on this case.

It's as if the crime that didn't happen is O'Toole's white whale ˆ the one that got away.

Here's what did happen: Castaneda rented an apartment for his wife and son (the couple had separated) in an apartment complex that was about to be converted to condos. Like anyone who rented at that time, Castaneda had first dibs on buying the condo. And he became eligible for a $1,000 relocation benefit when he didn't buy in the development.

Israni, the complex's owner, had reason to curry favor with Castaneda, and they had the usual developer-politician relationship that involves private meetings and campaign contributions.

Yet there's no evidence that Castaneda got a rent break, that the relocation benefit was tailored to line his po cket or that Israni did him any favors.

That didn't stop O'Toole from ladling on the innuendo in his opening argument to the jury.

„At the end of the day,‰ he said, „you're not going to be called upon to decide whether there was a corrupt relationship between Mr. Israni and Steve Castaneda ˆ whether the law had been broken, whether it was about to be broken, whether it was ever going to be broken between the two of them. Because that's not the test.‰

He could just as well have told the jury that it wouldn't have to decide if Castaneda was a hit man for the Mexican Mafia ˆ or was about to become one. So put that out of your mind.

True to his word, O'Toole has introduced no evidence to suggest an illicit relationship with Israni. The developer testified for two hours and came across about as corrupt as Gandhi.

As for the alleged lies, the most famous concerned whether Castaneda, by renting in Israni's complex, had been angling for a price break when it turned into a condo. Castaneda told an investigator, „I was not planning to buy a condo there.‰

To prove otherwise, the District Attorney's Office flew down from Washington the rental agent who showed Castaneda the apartment. She testified that Castaneda asked her how much it would cost once it became a condo.

Can you imagine that? A Southern Californian curious about the price of real estate?

O'Toole is lucky he didn't have to assemble a jury of people who wouldn't ask that very same question. I doubt he could find 12.

The jury that did assemble, meanwhile, hardly seems to be in the prosecution's corner.

I'm no expert on body language, and would never try to predict a jury vote. However, when jurors laugh at your questions, or roll their eyes, or mutter under their breath, it's probably not a good thing.

Those things happened Monday when O'Toole's own investigator was on the witness stand. He and O'Toole had such profound communication problems it was as if they'd just met, rather than having worked on this case for two years.

Later, during the cross-examination, the court waited four minutes while the investigator and O'Toole looked for a key passage in a transcript. I'm sure it took four minutes because I was watching the jurors who were turning around in their chairs to watch the clock.

When the passage was found, one juror held up four fingers for the others to see.

I don't want to jump to conclusions. Maybe Castaneda will be found guilty. Maybe he's a hit man.

But we've all heard of runaway juries, and my guess is that this one wants to run away from this curious case as fast as it can.

Gerry Braun: (619) 542-4563; gerry.braun@uniontrib.com

Be a better friend, newshound, and know-it-all with Yahoo! Mobile. Try it now. <http://us.rd.yahoo.com/evt=51733/*http://mobile.yahoo.com/;_ylt=Ahu06i62sR8HDtDypao8Wcj9tAcJ>

------ End of Forwarded Message

FW: SDUT-Braun: Integrity is on trial, in an odd sort of way (Jury laughs at Dumanis' & O'Toole's BIG score)

2008-04-16T11:40:00.000-07:00

------ Forwarded Message
From: <char.ayers@att.net>
Date: Wed, 16 Apr 2008 17:32:18 +0000
To: Charlene Ayers <char.ayers@att.net>
Subject: SDUT-Braun: Integrity is on trial, in an odd sort of way (Jury laughs at Dumanis' & O'Toole's BIG score)

<http://oas.uniontrib.com/RealMedia/ads/click_nx.ads/www.uniontrib.com/clickability@Right> ONLY IN SAN DIEGO
Integrity is on trial, in an odd sort of way

April 16, 2008

I don't know Chula Vista Councilman Steve Castaneda. But whenever a politician is accused of corruption, I want to be there for him ˆ in body, if not in spirit.

That impulse led me this week to the San Diego courtroom where Castaneda is on trial for perjury. He is accused of lying during an investigation into a crime he did not commit.

His trial is the first prosecution by District Attorney Bonnie Dumanis' highly touted (by her) Public Integrity Unit, which spent nearly two years looking into the crime Castaneda did not commit.

The legal stakes are high. The political stakes are higher. So why were jurors fidgeting and smirking?

Well, as Superior Court Judge Michael D. Wellington noted in court Monday, „This is an unusual case in a number of ways.‰

For openers, there's the wacky route it took to the courthouse.

Dumanis' unit began looking at Castaneda in 2006, after receiving a tip that he was getting special favors from Ashok Israni, a major Chula Vista developer.

As it turned out, Castaneda got no special favors.

As it further turned out, even if he had gotten the special favors that were alleged, it wouldn't have been illegal.

Case closed? Dream on.

Dumanis' office wasn't letting Castaneda off the hook that easy. It decided he lied to the grand jury about the crime he didn't commit, the one that wasn't a crime to begin with. So it charged him with 13 counts of perjury.

Prosecutor Patrick O'Toole says Castaneda lied to throw the investigation off its track.

Maybe he did. Maybe Castaneda wanted to throw the investigation onto the track of a crime he actually did commit, one that actually was a crime. As a public service.

Anything's possible.

Another odd thing about this trial: O'Toole keeps trying to talk about the suspicious circumstances that led him to investigate Castaneda in the first place, even though those matters ˆ as Wellington has patiently reminded him ˆ have limited bearing on this case.

It's as if the crime that didn't happen is O'Toole's white whale ˆ the one that got away.

Here's what did happen: Castaneda rented an apartment for his wife and son (the couple had separated) in an apartment complex that was about to be converted to condos. Like anyone who rented at that time, Castaneda had first dibs on buying the condo. And he became eligible for a $1,000 relocation benefit when he didn't buy in the development.

Israni, the complex's owner, had reason to curry favor with Castaneda, and they had the usual developer-politician relationship that involves private meetings and campaign contributions.

Yet there's no evidence that Castaneda got a rent break, that the relocation benefit was tailored to line his pocket or that Israni did him any favors.

That didn't stop O'Toole from ladling on the innuendo in his opening argument to the jury.

„At the end of the day,‰ he said, „you're not going to be called upon to decide whether there was a corrupt relationship between Mr. Israni and Steve Castaneda ˆ whether the law had been broken, whether it was about to be broken, whether it was ever going to be broken between the two of them. Because that's not the test.‰

He could just as well have told the jury that it wouldn't have to decide if Castaneda was a hit man for the Mexican Mafia ˆ or was about to become one. So put that out of your mind.

True to his word, O'Toole has introduced no evidence to suggest an illicit relationship with Israni. The developer testified for two hours and came across about as corrupt as Gandhi.

As for the alleged lies, the most famous concerned whether Castaneda, by renting in Israni's complex, had been angling for a price break when it turned into a condo. Castaneda told an investigator, „I was not planning to buy a condo there.‰

To prove otherwise, the District Attorney's Office flew down from Washington the rental agent who showed Castaneda the apartment. She testified that Castaneda asked her how much it would cost once it became a condo.

Can you imagine that? A Southern Californian curious about the price of real estate?

O'Toole is lucky he didn't have to assemble a jury of people who wouldn't ask that very same question. I doubt he could find 12.

The jury that did assemble, meanwhile, hardly seems to be in the prosecution's corner.

I'm no expert on body language, and would never try to predict a jury vote. However, when jurors laugh at your questions, or roll their eyes, or mutter under their breath, it's probably not a good thing.

Those things happened Monday when O'Toole's own investigator was on the witness stand. He and O'Toole had such profound communication problems it was as if they'd just met, rather than having worked on this case for two years.

Later, during the cross-examination, the court waited four minutes while the investigator and O'Toole looked for a key passage in a transcript. I'm sure it took four minutes because I was watching the jurors who were turning around in their chairs to watch the clock.

When the passage was found, one juror held up four fingers for the others to see.

I don't want to jump to conclusions. Maybe Castaneda will be found guilty. Maybe he's a hit man.

But we've all heard of runaway juries, and my guess is that this one wants to run away from this curious case as fast as it can.

Gerry Braun: (619) 542-4563; gerry.braun@uniontrib.com <http://www.signonsandiego.com/uniontrib/20080416/MAILTO:gerry.braun@uniontrib.com>

------ End of Forwarded Message

FW: GRA Southern California Branch Meeting - April 30, 2008 - Location TBA

2008-04-16T08:49:00.003-07:00

------ Forwarded Message
From: <char.ayers@att.net>
Date: Tue, 15 Apr 2008 17:48:20 +0000
To: Charlene Ayers <char.ayers@att.net>
Subject: GRA Southern California Branch Meeting - April 30, 2008 - Location TBA

-------------- Forwarded Message: --------------
From: "Groundwater Resources Association" <dbadmin@grac.org>
To: "Charlene Ayers" <char.ayers@att.net>
Subject: GRA Southern California Branch Meeting - April 30, 2008 - Location TBA
Date: Tue, 15 Apr 2008 17:32:32 +0000

SAVE THE DATE!
Wednesday, April 30, 2008
Location To Be Announced

GROUNDWATER RESOURCES ASSOCIATION
o f C a l i f o r n i a

Upcoming Southern California Branch Dinner Meeting
„Overview of the NASA/JPL Groundwater Cleanup‰

Mr. Steve Slaten, Program Manager for NASA

The bi-monthly Southern California Branch meeting will be held on April 30th and will feature a presentation by NASA. This meeting will take place in the Montebello area to accommodate our Los Angeles and Pasadena area members.

Mr. Steve Slaten, Program Manager for NASA, will present an „Overview of the NASA/JPL Groundwater Cleanup".

The meeting format will consist of:
Registration ˆ 5:30 to 6:30
Dinner and Announcements ˆ 6:30 to 7:30
Keynote Speaker - 7:30 to 8:30

Details on the exact location will be finalized shortly, and reservations will then be possible online through the GRA web site (www.grac.org <http://www.grac.org/> ).

We hope to see our Los Angeles County members at that meeting!

For information, please contact Paul Parmentier at Locus Technologies 714 / 333 1752.

GRA is dedicated to resource management that protects and improves groundwater
through education and technical leadership.

915 L St, Ste 1000 * Sacramento, CA 95814 * Ph: 916-446-3626 * Fx: 916-442-0382 * www.grac.org <http://www.grac.org/>

To be removed from this mailing list, please reply to this message and write Remove as the subject.

------ End of Forwarded Message

FW: VoiceOfSD: Horn Hooked

2008-04-16T08:49:00.001-07:00

------ Forwarded Message
From: <char.ayers@att.net>
Date: Tue, 15 Apr 2008 20:13:30 +0000
To: Charlene Ayers <char.ayers@att.net>
Subject: VoiceOfSD: Horn Hooked

-------------- Forwarded Message: --------------
From: "Karen Gruber" <witchywoman@earthlink.net>
Subject: Horn Hooked
Date: Tue, 15 Apr 2008 19:01:54 +0000

Voice of San Diego 4/15/08

Karen Gruber
witchywoman@earthlink.net

Horn Hooked <http://www.voiceofsandiego.org/this_just_in/articles/2008/04/15/this_just_in/260horn041508.txt>
<http://www.voiceofsandiego.org/this_just_in/multimedia/blogemail.php?email=/articles/2008/04/15/this_just_in/260horn041508.txt>
The North County Times has this story <http://www.nctimes.com/articles/2008/04/12/news/sandiego/b5587ca6eeb173e688257425007d1160.txt> this weekend reporting that community groups are upset with Supervisor Bill Horn's failure to meet with them. His reason: He's too busy.

But the newspaper found evidence to the contrary:

Horn says he is busy and can't meet with everyone in his district and that members of his staff are available to meet with constituents.

"I could waste hours a day with people who want to come in and complain," Horn said. "I just can't do that."

While Horn maintains he is often too busy to meet with everyone who wants to see him, his daily appointment calendar indicates the opposite.

A review by the newspaper of county supervisors' daily calendars from July through February shows Horn's weekly schedule had 71 weekdays where he had no meetings scheduled. The calendar shows several stretches of consecutive days with no meetings or appearances of any kind listed.

Members of an Escondido area neighborhood group say Horn has repeatedly refused in recent weeks to sit down with them to discuss their objections to a storage complex that developers want to build.

------ End of Forwarded Message

FW: SacBee-Weiser: Salmon fishing season canceled in California

2008-04-16T08:48:00.000-07:00

------ Forwarded Message
From: <char.ayers@att.net>
Date: Tue, 15 Apr 2008 20:24:14 +0000
To: Charlene Ayers <char.ayers@att.net>
Subject: SacBee-Weiser: Salmon fishing season canceled in California

This story is taken from Sacbee <http://www.sacbee.com/> / Breaking News <http://www.sacbee.com/102/index.html> / E-mail Alerts -- Breaking News <http://www.sacbee.com/1089/index.html> .

Salmon fishing season canceled in California
By Matt Weiser - mweiser@sacbee.com
Published 11:33 am PDT Tuesday, April 15, 2008
In a decision they called "tragic" and "painful," state wildlife officials Tuesday reluctantly banned fishing for salmon in California coastal waters this year.

The unanimous decision by the California Fish and Game Commission closes both commercial and recreational fishing in state coastal waters, which extend out three miles from shore. It brings California into line with a vote last week in Seattle by the Pacific Fishery Management Council, which banned salmon fishing in federal waters reaching out 200 miles.

The commission delayed a vote on salmon-fishing restrictions in Central Valley rivers until its May 9 meeting. But it looks very likely that the rivers also will be closed to salmon fishing.

Salmon fishing has never been closed completely along the entire California coast. But fisheries experts believe the closures are required to ensure survival of the Central Valley fall-run chinook population. The species is the backbone of the Pacific Coast's salmon fishery and is expected to see record-low spawning numbers this fall for reasons still not fully understood.

Commission Chairman Richard Rogers said the closures, together with the state's broader economic woes, pose a "perfect storm" of problems that may drive many fishing businesses out of existence. The state predicts a $255 million economic impact and a loss of 2,263 jobs as a result of the closures.

"That's one of the most painful votes I think we've ever taken," Rogers said. "I'm very sorry we had to do that."

------ End of Forwarded Message

FW: The double outhouse

2008-04-15T14:47:00.001-07:00

------ Forwarded Message
From: <char.ayers@att.net>
Date: Tue, 15 Apr 2008 17:40:18 +0000
To: Charlene Ayers <char.ayers@att.net>
Subject: The double outhouse

-------------- Forwarded Message: --------------
From: xxxxxx
To: "Charlene Ayers" <char.ayers@worldnet.att.net>
Subject: Fw: The double outhouse
Date: Tue, 15 Apr 2008 13:31:05 +0000

The Double Outhouse!! Words fail me! This picture is worth 10,000 of them.

Yep!!! This pretty much says it all.
REMEMBER..
KEEP SMILING, IT MAKES PEOPLE WONDER WHAT YOU HAVE BEEN UP TO

______________________________________________________________________
This email has been scanned by the MessageLabs Email Security System.
For more information please visit http://www.messagelabs.com/email
______________________________________________________________________

------ End of Forwarded Message

FW: Mike memorial

2008-04-15T14:46:00.001-07:00

------ Forwarded Message
From: <char.ayers@att.net>
Date: Tue, 15 Apr 2008 20:20:28 +0000
To: Charlene Ayers <char.ayers@att.net>
Subject: Mike memorial

-------------- Forwarded Message: --------------
From: xxxxx
To: "Charlene Ayers" <char.ayers@att.net>
Subject: Fw: Mike memorial
Date: Tue, 15 Apr 2008 19:52:42 +0000

----- Original Message -----
From: Preddy, David <mailto:DAVID.PREDDY@cubic.com>
To: xxxxx
Sent: Tuesday, April 15, 2008 11:25 AM
Subject: RE: Mike memorial

For clarification (I left a message for Teddy, we didn't get to converse):

It is not a service to be held, but the Calif State Assembly passed a "Memorial Resolution" recognizing Mike's contributions. What we are looking for is a suitable meeting at which to present the proclamation, presumably to Teddy. Mike was involved with many organizations and so I believe that a suitable place/time would be a well attended regularly scheduled meeting. MERIT? Campo Community meeting? The San Diego County Wildlife Federation? Perhaps even getting Diane Jacob to put on the agenda for a County Board of Supervisors meeting (which is where is was in his last moments). Please offer suggestions.

Thanks,
David

From: Imstheod@aol.com [mailto:Imstheod@aol.com]
Sent: Tuesday, April 15, 2008 10:13 AM
To: xxxxxxx
Cc: Preddy, David
Subject: Re: Mike memorial

Hello,

I got a call from David Preddy (SDQU) last night. He said an Assembly person had an idea for a Memorial for Mike and was wondering where to hold it. He said the SDQU meeting place was too small. He asked if it should be in Campo somewhere. I haven't called him back yet. My problem is I promised Mike I would have no services, or memorials of any kind, it is written in his will that I signed, plus he had me verbally promise a lot. My question is, is one of you willing to take this on with David? Should it be at the Community Center or somewhere in town like at the Environmental Working Group via the San Diego Foundation or what? I think Diane Jacob would come. If one of you would be willing to handle this, David's home number is 619-334-5533, his work phone is 858-277-6780, cell is 977-5599, and e-mail is david.preddy@cubic.com.

Thanks,

Teddy

Theodora Davis

SR.EVP/CFO/Secretary
The IMS Group
2697 Main Street
San Diego CA 92113

619-231-2521 Ext. 318
teddy@imsgroup.us

It's Tax Time! Get tips, forms and advice on AOL Money & Finance <http://money.aol.com/tax?NCID=aolcmp00300000002850> .

------ End of Forwarded Message

FW: VoiceOfSD-Davis: Developers (including Pardee) Seek $9 Million Refund from City (Otay Mesa)

2008-04-15T14:46:00.000-07:00

------ Forwarded Message
From: <char.ayers@att.net>
Date: Tue, 15 Apr 2008 20:21:56 +0000
To: Charlene Ayers <char.ayers@att.net>
Subject: VoiceOfSD-Davis: Developers (including Pardee) Seek $9 Million Refund from City (Otay Mesa)

-------------- Forwarded Message: --------------
From: "Karen Gruber" <witchywoman@earthlink.net>
Subject: Developers (including Pardee) Seek $9 Million Refund from City (Otay Mesa)
Date: Tue, 15 Apr 2008 18:59:07 +0000

Voice of San Diego 4/15/08

Karen Gruber
witchywoman@earthlink.net

After Being Pushed Aside, Developers Seek $9 Million Refund from City

A tractor is parked on a parcel of land that would be regulated by the Otay Mesa Community Plan Update. Photo: Sam Hodgson
By ROB DAVIS <http://www.voiceofsandiego.org/author_lookup/?byline=rob_davis> Voice Staff Writer

Tuesday, April 15, 2008 | When a needed update to the city's growth blueprint for Otay Mesa languished, a coalition of politically connected housing developers found a way to jumpstart a process that had been stalled for a decade.

They agreed to pay for it.

That was 2004. And in exchange for the developers bankrolling the update of a plan that will govern the scale and types of development in Otay Mesa, city officials promised that the City Council would at least consider the homebuilders' preferred vision for the area, one of San Diego's last undeveloped locales. The arrangement was unusual -- seven speculating developers financing a city infrastructure plan.

Concerned about the appearance that homebuilders were buying the process, the city cut the developers coalition loose last summer and decided to take over the update and finance the final $1.5 million worth of work.

And now, with the tables turning against the homebuilders' plan to expand housing in Otay Mesa, the developers want their money back. All $9 million of it.

"They thought it would happen relatively quickly and be a lot less expensive that it ended up being," said David Nielsen, a lobbyist who worked for the coalition, which disbanded last summe r. "They realized some of this work should be eligible for [reimbursement], that it would be a normal way of paying for the work."

Related Links

In Otay Mesa, Builders Push Hard to Convert Land (Feb. 20, 2007) <http://www.voiceofsandiego.org/articles/2007/02/20/news/01otaymesa022007.txt>

The Developers' Claim (pdf) <http://www.voiceofsandiego.org/articles/2008/04/15/news/pdf/otayclaim.pdf>
The coalition of homebuilders, including the Corky McMillin Cos., Pardee Homes and Sunroad <http://www.voiceofsandiego.org/articles/2008/04/15/news/hot_topic/sunroad> Enterprises, provided funding for the technical work, such as environmental and road-planning studies, needed to update Otay Mesa's community plan, a document that will define the future of one of the last undeveloped tracts of land inside San Diego city limits.

The residential developers sought to change the underlying zoning for land they owned in Otay Mesa, aiming to profit by buying the land when it carried a less-valuable industrial designation and selling it once it became more-valuable housing tracts. A plot of land's value is directly tied to what the government allows to be built there.

A group of businesses -- customs brokers, cross-border truckers and manufacturers -- hoping to preserve the mesa as an industrial bastion cried foul about t he arrangement, arguing that by hiring and choosing the consultants, the coalition had bought the plan.

The builders were cast aside in July 2007 by Jim Waring, the former top land-use official to Mayor Jerry Sanders. The decision came while Waring, who resigned a month later, was under scrutiny for negotiating a compromise with the Federal Aviation Administration that would have allowed Sunroad Enterprises' office building near Montgomery Field to continue exceeding FAA height limits.

In an interview last week, Waring said he believed the city needed to assume responsibility for funding and conducting the analyses that serve as the basis for the plan's update. (The decision to allow the developers to pay for the plan was made in 2004, before Sanders assumed office.)

While city officials independently reviewed data submitted by the coalition-hired consultants, Waring said the arrangement was still inappropriate.

"Having developers be funders is not a valid strategy," Waring said. "Even if it's done perfectly, it raises concerns. It's a flawed structure."

Waring was responsible for crafting a way for the homebuilders to be reimbursed for their work. In February 2007, months before his resignation, Waring signed a new agreement with the developers in which the city formally agreed that the homebuilders could be reimbursed for some of the technical work they provided.

In essence, the city provided the legal framework for reimbursing de velopers who'd once agreed to foot the entire bill. Waring and Bill Anderson, the current city land-use chief, both said the right existed anyway and that the agreement did not guarantee reimbursement.

"They were losing coalition members," Waring said, "and the people remaining wanted it stated that if they had appropriate expenditures that they might be reimbursed."

Some of the coalition's members have strong ties to the Sanders administration. In late 2006, McMillin, Pardee and Sunroad each donated $10,000 and Murphy Development donated $5,000 to San Diegans for City Hall Reform, a campaign committee that has promoted the mayor's ballot initiatives in 2006 and this year.

<http://adsys.townnews.com/c19214561/creative/voiceofsandiego.org/+middle/118489-1205264511.jpg?r=http://www.voiceofsandiego.org/support_us/membership/>
Since the city began funding the remaining work, the city's planning staff has leaned toward recommending a plan featuring less housing than what the coalition of developers sought. The homebuilders favored a plan that would have allowed for 4,200 single family homes and 22,000 multi-family units. City staff has developed an alternative that would allow 4,000 single family homes and 15,550 multi-family units. The San Diego City Council will weigh both of those options when it considers adopting the plan, likely sometime next spring.

The city and former coalition members -- McMillin, Pardee, Sunroad, Centex, D.R. Horton, Integral Partners and Murphy Development -- are currently negotiating to decide what work is eligible for reimbursement. The developers claim they are owed for any technical work that has a community-wide benefit. They've filed notice of their claim for $9 million; Nielsen said the coalition spent $9.2 million total.

If the city does reimburse the d evelopers, it will not use general fund revenue, but rather a fee assessed on each of Otay Mesa's to-be-developed parcels. The fee, known as a facilities benefit assessment, spreads the cost of an area's underlying infrastructure over the parcels within. Those fees are paid back over time as each lot is permitted for development and would not sap any money directly from the city, which could not collect the assessment for work it did not perform.

Anderson, the city's deputy chief operating officer for city planning and development, said some of the developers' work would be repaid, but said specifying exactly how much is difficult.

"That's part of the complications of the structure as it was developed several years ago," he said. "Where do you draw the line between what was done for the plan versus what was done for their projects?"

Please contact Rob Davis <http://www.voiceofsandiego.org/author_lookup/?byline=rob_davis> directly with your thoughts, ideas, personal stories or tips. Or send a letter to the editor. <http://www.voiceofsandiego.org/articles/2008/04/15/news/javascript:void(0)>

------ End of Forwarded Message

FW: Earth Fair 2008: Sunday, April 20, 2008 at Balboa Park

2008-04-15T08:30:00.001-07:00

------ Forwarded Message
From: <char.ayers@att.net>
Date: Tue, 15 Apr 2008 02:06:42 +0000
To: Charlene Ayers <char.ayers@att.net>
Subject: Earth Fair 2008: Sunday, April 20, 2008 at Balboa Park

http://www.earthdayweb.org/

19th Annual Event∑
EarthFair 2008 <http://www.earthdayweb.org/SDEW_EarthFair.html>
Sunday, April 20, 2008  Balboa Park
The world's largest annual environmental fair and

Earth Day Celebration ˆ produced by volunteers Click to find out all <http://www.earthdayweb.org/SDEW_EarthFair.html> about the EarthFair <http://www.earthdayweb.org/SDEW_EarthFair.html>

JAM THE JAM <http://www.earthdayweb.org/SDEW_EarthFair.html#Trans>
Don't YOU be stuck in the traffic jam!

DON'T DRIVE FOR EARTH DAY: Avoid traffic by riding transit to the EarthFair or riding your bike. The San Diego County Bicycle Coalition will be offering free valet bike parking. Riding MTS Buses and Trolleys make every day "EARTH DAY."

When you take transit instead of driving a car you reduce greenhouse gasses, slow global warming and improve our air quality. Saving just one gallon of gas can eliminate 19 pounds of carbon dioxide emissions. For route information visit www.sdmts.com <http://www.sdmts.com/>

EarthFair is funded in part by a grant from
the City Of San Diego Commission for Arts and Culture

Volunteering
EarthFair Volunteer Info and Registration <http://www.earthdayweb.org/SDEW_EF_Vol.html>

More than 400+ volunteers come out each year to create EarthFair... we couldn't do it without them. Join us this year to take action for a clean, healthy, prosperous environment.
Click for directions to the Volunteer Trainings <http://www.earthdayweb.org/SDEW_EF_Vol_Train_Directions.html>

Exhibiting
eARTh Gallery Exhibiting ˆ environmental art <http://www.earthdayweb.org/SDEW_eARThGallery_OnlineReg.html>
registration closes April 16 <http://www.earthdayweb.org/SDEW_eARThGallery_OnlineReg.html>
Cleaner Car Concourse Exhibiting <http://www.earthdayweb.org/SDEW_CCC_OnlineReg.html>
registration closes April 16 <http://www.earthdayweb.org/SDEW_CCC_OnlineReg.html>

Registered Exhibitor Setup and Logistics <http://www.earthdayweb.org/EF08Exh/ExhibitorInfo.html>

Except for the eARTh Gallery and Cleaner Car Concourse, EarthFair registration is now closed.

New to EarthFair? Click here <http://www.earthdayweb.org/SDEW_EF_Exhibit.html> to find out all about
exhibiting next year

Parade
Children's Earth Parade
<http://www.earthparade.org/>

------ End of Forwarded Message

FW: General Plan Update - Steering Committee Meeting April 26

2008-04-15T08:30:00.000-07:00

------ Forwarded Message
From: <char.ayers@att.net>
Date: Tue, 15 Apr 2008 00:30:38 +0000
To: Charlene Ayers <char.ayers@att.net>
Subject: General Plan Update - Steering Committee Meeting April 26

-------------- Forwarded Message: --------------
From: "DPLU, gpupdate" <gpupdate.DPLU@sdcounty.ca.gov>
To: "DPLU, gpupdate" <gpupdate.DPLU@sdcounty.ca.gov>
Subject: General Plan Update - Steering Committee Meeting April 26
Date: Mon, 14 Apr 2008 22:14:46 +0000

Community Planning and Sponsor Group Chairs, and Interested Parties

Included in this package are the Agenda and other materials for the Steering Committee Meeting on April 26, 2008.   In addition to the materials provided, items will be distributed at the meeting. If any Steering Committee Member is not able to attend or send an alternate, please let us know and we can mail the items after the meeting.

Documents to be distributed include an updated Draft Land Use Element, Community Planning Area/Sponsor Group Area Land Use Maps for the Environmentally Superior Alternative, as well as handout showing statistics for the General Plan Update Alternatives. Comments on the Land Use Element will be accepted at a later Steering Committee Meeting, after adequate time for review is given.

If you have any questions about the upcoming meeting please call Eric Lardy at (858) 694-2457. You can also check our website at www.sdcounty.ca.gov/dplu <http://www.sdcounty.ca.gov/dplu> (select General Plan Update). Thank you for your ongoing input and participation in the General Plan Update process.

Attachments:
            1 ˆ Agenda
            2 ˆ Minutes from February 2, 2008
            3 ˆ Minutes from March 1, 2008
            4 ˆ Minutes from March 15, 2008
            5 ˆ Minutes from March 22, 2008

------ End of Forwarded Message

FW: The Paper Commentary: Palomar Pomerado Health-4 Directors' seats up for election

2008-04-15T08:29:00.000-07:00

------ Forwarded Message
From: <char.ayers@att.net>
Date: Tue, 15 Apr 2008 00:35:04 +0000
To: Charlene Ayers <char.ayers@att.net>
Subject: The Paper Commentary: Palomar Pomerado Health-4 Directors' seats up for election

----- Original Message -----
From: Wally Gutierrez <mailto:wally2131@sbcglobal.net>
To: Wally2131@cox.net
Sent: Monday, April 14, 2008 3:57 PM
Subject: The Paper "Commentary"

Commentary

http://www.thecommunitypaper.com/commentary.php

by lyle e davis

One of the problems that has faced Palomar Pomerado Health is that, come election time, no one knows or cares, who, or what, a Palomar Pomerado Health is. The candidates are usually not well known at all.

As a result, we have the board of directors elected largely from the medical community. They all know their professions . . . excellent doctors, nurses, and technicians. But as to business matters . . . well, look at the obscene salary and bonus they are paying Michael Henri Covert.

What we need on the Palomar Pomerado Health board are directors who have the training and discipline that business people have. Board members who will make sure they exercise due diligence before hiring a highly paid chief executive officer. Board members who won‚t allow an applicant for a position who is less than forthcoming to remain in that position; certainly not board members who will routinely reward such a candidate with a bonus equal to 26% of his salary.

No, it‚s time for a change, in our opinion. There are four seats coming up in December of this year. We are hopeful that three to four viable candidates will step forward and prepare to take over the reins of the Palomar Pomerado Health Board of Directors.

We have spoken with a number of members of the North Count business communities and they are all agreed that a change is badly needed. Some individuals within those communities may step forward and run for the position. In prior year elections for the board there weren‚t terribly big issues . . . not the kind of meat and potato issues that the electorate gets excited about and wants to reform.

The folks I‚m talking to are very excited . . . upset at what appears to be misrepresentations on the part of managment to pass a bond issue (Prop BB), upset that the board of directors did not do an adequate job of vetting Michael Covert before hiring him, upset that they paid him an obscene salary to begin with and have compounded that error by making the combination of salary and bonuses so obscene as to boggle the mind.

The Paper will keep a close eye on this election. We may well endorse candidates for the seats, once we‚ve heard what their plan of action is.

The stakes are way too high to continue in the direction we are going. If promises are not kept that were made as part of the representations made prior to the Prop BB election, and if promises made as part of the MOU (Memorandum of Understanding) with the city of Escondido . . . then downtown Escondido could well become a ghost town.

It is time to start planning for a new command structure at Palomar Pomerado Health. We need to attract strong candidates who will stand up for the public . . . not sinecured administrators who have pulled the wool over the eyes of the board members.

If you are a potential candidate, or know of someone who should be a candidate, we‚d like to talk to them. We need to begin our plans today!

What do you think ?

Let us know

------ End of Forwarded Message

FW: VCRoadrunner-April 9, 1008: Faremers ask to get extra connections

2008-04-12T20:34:00.000-07:00

------ Forwarded Message
From: <char.ayers@att.net>
Date: Sun, 13 Apr 2008 02:48:45 +0000
To: Charlene Ayers <char.ayers@att.net>
Subject: VCRoadrunner-April 9, 1008: Faremers ask to get extra connections

Farmers ask to get extra connections

Although growers in the Valley Center Municipal Water District‚s ag program must cut their use 30%, some have wondered if they might increase their use by buying domestic, i.e. non-ag, meters.
Sorry, no cigar, they were told˜or words to that effect.
After the district received several requests from farmers to buy additional meters, it occurred to the staff that it had better go to the water board to clarify the district‚s policy.
The board looked at the policy at Monday‚s meeting.
The staff proposes a policy that while farmers can buy extra residential meters, that they can‚t use any extra water.
As VC Municipal Water District Gen. Mgr. Gary Arant put it, „Yes, we will sell you another meter, but your allocation to your property remains the same.‰
The policy wasn‚t formally adopted at Monday‚s meeting, but the board will vote on it at its April 21 meeting.
Some feel that, yes, farmers must cut 30%, but once the Metropolitan Municipal Water District (the big agency that sells water to all of Southern California) gets the water and turns around to sell it to residential users, they ought to be able to buy it back using residential/domestic meters.
Arant was forced to explain that the Met feels that when the farmers joined the Interim Agricultural Water Program, which gives them lower rates, that they are also obligated to accept cuts during periods of shortages.
The Met would strongly regard an attempt by farmers to buy water on residential meters as the district trying to get around its obligation to cut ag use.
Arant, who helped create the IAWP in the 1990s, reminded directors that the largely urban Met board does not hold agriculture in high esteem. It is a struggle to keep that board from ending the IAWP completely, he said.
„The IAWP program while it may be popular here is very unpopular in parts of the Met. While we find implementing this program difficult we need to adhere to the letter of the program,‰ he said.
As the single largest ag user in Southern California, VCMWD is being watched very closely.
„We know we are being watched and we know we will be audited. The concern we have is that if people start setting extra domestic meters and are willing to pay full price and Met looks at our numbers and domestic deliveries go up disproportionately, it would figure out that people are paying full price and delivering it to their crops.‰
The Met would consider that a circumvention of the program, he said. It would fuel an existing move among Met directors to end special ag pricing.
Southern California is under pressure to cut water usage due to uncertainties with imported Colorado River water and a recent court ruling that requires that the California Water Project stop pumping whenever it threatens the Delta smelt.
The Met was authorized in the 1920s to build a water system to accommodate residential development. It was actually forbidden to build facilities for farming.
It sells water to ag users by designating it as „surplus.‰
According to Arant, „The argument being made at the Met is that the ag program was established on the basis that there was surplus water, and now there is no surplus water.‰
Ag‚s defenders argue that the farmers made a bargain, took their discount and because they are taking those cuts that gives the Met water to shift over to its residential and commercial customers without requiring them to take cuts.
By the end of the year it is estimated that the 30% cuts will provide 48,000 acre feet to the Met to redistribute.
„Compliance with the program is important for both the short term and the longterm of the program,‰ said Arant.
He noted that some growers say that they would pay full price in return for guaranteed supplies, while others say that if they must pay full price, „it‚s over.‰
Director Chuck Stone argued that once the Met gets the water from cutting farmers, that they out to be able to buy it back at regular prices.
„It strikes me that we, including our ag customers, or any other Met consumer are qualified to spend full price for the water as some guy who is going to put in ten houses. What I can‚t see is why Met would care as long as they pay full price.‰
Arant explained that the Met sees the discount program as an investment. About $76 million have been returned to farmers in this district in discounts in the past 14 years.
„In their view they have invested in this resource and now they want to draw it out and transfer it to their M&I (municipal and industrial) customers. They are looking for ways to shift the demand. They will look at the usage and say that water meters shouldn‚t show that high usage of water unless its ag use,‰ he said.
Stone insisted, „I don‚t think anyone argues that the farmers shouldn‚t reduce their use, but now the water is back in the market place.‰
Arant countered, „I happen to know from the general manager of the Met that they do care. The Met is demanding that the terms of the agreement be upheld.‰
When Stone said that treats farmers differently from other buyers, Arant responded, „Yes, because they paid lower rates.‰
Several local farmers showed up to ask that the district allow them to buy additional meters and buy water at the non-ag rate.
One man, Kenneth Hancock, who bought 7.5 acres three years ago claimed that he didn‚t know he could have withdrawn from the ag discount program last year, although the district sent letters to all ag customers.
He wants a new residential meter, but he doesn‚t want to be limited to his current allocation.
Hancock attacked Arant: „I hope you sleep tonight knowing that you work for the Met, because you sure aren‚t working for your constituents.‰
Director Merle Aleshire answered, „I‚m not saying it‚s fair, but I don‚t know of any better way.‰
Director Bob Polito said the district has to live with the rules it has been given.
Arant got hot at the accusation. „I‚m not trying to protect the Met, I‚m trying to protect the ag program, without which there would not still be any agriculture in this community,‰ he said.
He said that if the ag discount program goes away, then the next thing he would hear from farmers would be, „ ŒI can‚t afford to pay full price for the water.‚ In this policy all we are trying to do is protect the program for this community. If we don‚t live within the allocation we are penalized. For every acre foot we go ever, next year our allocation is reduced.‰
One farmer, Ben Holtz objected to the policy, which he said discriminates against farmers. Under this policy ag won‚t be able to ever expand, he said.
He proposed that the Met adopt a new program that would charge each water user a surcharge, which could then be used to lower ag rates by building more pipelines.
He called the current shortage, „a plumbing problem.‰
He added that the best thing for farmers would be to end the IAWP program.
Aleshire commented, „You have piqued our interest in whether we should get out of the program. The policy favors development and not ag, and ag will have to figure out how to get by with less water or less acreage than they are used to.‰
Polito commented, „I like the program. I like the discount. Without it I have a hard time of foreseeing a future. I‚m not ever going to get that thirty percent back, so I take out my trees. I‚m going to have a smaller operation but I‚ll keep farming.‰
„What recommendation would you give me, the younger generation of ag?‰ asked Holtz.
„I wouldn‚t want to give you a recommendation for Southern California. Maybe Mexico or Chile,‰ said Polito.

------ End of Forwarded Message

FW: NCTimes-Sifuentes & Bennett: Horn's accessibility drawing fresh complaints (waaht was that Landavazo said at the Parks mtg?)

2008-04-12T20:16:00.000-07:00

------ Forwarded Message
From: <char.ayers@att.net>
Date: Sun, 13 Apr 2008 01:35:09 +0000
To: Charlene Ayers <char.ayers@att.net>
Subject: NCTimes-Sifuentes & Bennett: Horn's accessibility drawing fresh complaints (waaht was that Landavazo said at the Parks mtg?)

Saturday, April 12, 2008
Last modified Saturday, April 12, 2008 5:05 PM PDT

Horn's accessibility drawing fresh complaints

By EDWARD SIFUENTES and DARRYN BENNETT - Staff Writers

NORTH COUNTY ---- Among some of his constituents, San Diego County Supervisor Bill Horn has developed a reputation over the years for being unreachable and inaccessible.

Members of two planning commissions and a neighborhood group are renewing the grievance, saying they have been routinely snubbed by Horn, whose district includes much of North County.

It's a complaint that has echoed for years. Horn says he is busy and can't meet with everyone in his district and that members of his staff are available to meet with constituents.

"I could waste hours a day with people who want to come in and complain," Horn said. "I just can't do that."

While Horn maintains he is often too busy to meet with everyone who wants to see him, his daily appointment calendar indicates the opposite.

A review by the newspaper of county supervisors' daily calendars from July through February shows Horn's weekly schedule had 71 weekdays where he had no meetings scheduled. The calendar shows several stretches of consecutive days with no meetings or appearances of any kind listed.

Members of an Escondido area neighborhood group say Horn has repeatedly refused in recent weeks to sit down with them to discuss their objections to a storage complex that developers want to build.

Horn's chief of staff, Joan Wonsley, said in late February that he was simply too busy to meet with the group. But Horn's calendar that month had 10 weekdays blank, including the last Thursday and Friday of the month.

Booked

While Horn's daily calendar for the eight-month period reviewed by the newspaper showed long stretches with no meetings, Dianne Jacob, who's district includes parts of North County, had 22 days with no meetings. Jacob's district includes Poway, Ramona and much of rural East County.

In a telephone interview Wednesday, Horn said his calendar is often blank simply because many of his appointments, meetings and events he attends aren't recorded.

"I don't write everything down," Horn said. The calendar is "a planning document, not a diary."

Horn said he often attends community events, such as car shows and farmers markets, without making note of them. He also said he often travels to represent the county on state and national associations and to l obby in Sacramento.

Few community events, however, appear on his daily calendar for the eight-month period the newspaper examined.

His workweeks can often extend into Saturdays, but he generally avoids working on Sundays to be with his family, he said.

Meeting demanded

Rather than meeting with Horn, members of the Bear Valley Rural Neighbors Association, the group opposing the Escondido area storage complex, were invited to meet with his staff.

Association spokesman Mark Edmonds says he was simply told that Horn was too busy to meet.

Edmonds says that's not good enough and that he wants to meet with Horn and not his staff.

"The bottom line is, Horn makes the decisions," he said. "Why can't I talk with him personally? I'll take whatever time with him I can get ---- however many months down the line it is. But he has continued to blow (the group) off."

Horn, who lives in Valley Center, represents the county's Fifth Distri ct, which stretches from Carlsbad to Camp Pendleton and east to the Imperial County line. It covers nearly 1,800 square miles, includes four cities and a population of about 650,000.

Much of the district is unincorporated county land, which means it is governed by county rules and subject to supervisors' land-use decisions. For people living in unincorporated communities in the district, Horn is their representative in county government.

Keith Simpson, a former chairman and current member of the Valley Center Planning Group, said he's often had problems reaching Horn.

"During my years as the chairperson for the Valley Center Planning Group, I periodically reached out to Mr. Horn, but his staff blocked access," Simpson said. "It wasn't that our communication was limited ---- he never talked with me or with the planning group in any way."

Bonsall Sponsor Group member Mark Lintner said he also rarely sees Horn at meetings or community events other than the annual one-day Fallbrook Avocado Festival.

When it comes to meeting with any of his constituents, the 65-year-old Horn said he follows a process. Anyone requesting a meeting is asked to call his office and speak to the receptionist, who will guide the call to the appropriate member of his staff.

The staffer will try to resolve the matter or forward the constituent to Wonsley, Horn said. Wonsley is in charge of arranging a meetings if they are warranted, he said.

"That's why I have staff," Horn said. "That's why I pay staff."

Elected officials are not generally required to keep precise calendars of their appointments, but it is good policy to keep one, said Peter Scheer, executive director of the California First Amendment Coalition, an open government watchdog group.

Scheer said it is especially important for elected officials to make themselves available to the public as much as possible, and to be transparent about whom they meet with.

"T he reason we have local elected officials is so that people can talk to them," Scheer said. "Otherwise, they are not being represented."

'Bill doesn't have time'

Not everyone in Horn's district agrees that he's often unreachable.

Bob Leonard, executive director of the Fallbrook Chamber of Commerce, said Horn is reachable, often attending meetings in Fallbrook and community events such as the annual Avocado Festival.

"How much more accessible can you be?" Leonard asked, referring to the popular festival that attracts as many as 70,000 people each year.

Leonard said he understands that Horn has to rely on his staff to attend to his constituents.

"Bill doesn't have time to meet with anybody and everybody on everything," Leonard said. "Some people think that's shunning them. To me, that's handling his time."

Margarette Morgan, chairwoman of the Bonsall Sponsor Group, said she has good access to Horn's staff. But personal meetings with Horn have been rare, she said.

"It's a process to meet with Bill," she said. "You have to deal with the fact that he's not available 24/7. I work through the ranks and through (chief of staff) Wonsley."

She said Horn doesn't attend the group's monthly meetings but has initiated changes in the group's leadership when he found it necessary. Horn appoints the sponsor group's members.

Now serving his fourth four-year term as supervisor, Horn beat former state Assemblyman Bruce Thompson, a fellow Republican, in a June 2006 election. Horn received 52 percent of the vote compared with Thompson's 47 percent.

During the campaign, Thompson said the supervisor had a reputation for treating constituents "like he was king and they're the servants."

No visibility

Horn deflected criticisms during the 2006 campaign, calling them personal attacks. He also criticized the news media for reporting the attacks, which he said was the reason why the r ace was close.

"My opponent got personal, and you guys spent all your time whacking at me," Horn said at the time.

Last year, Horn was also criticized by some constituents because of his lack of visibility during the October wildfires that burned large parts of his district. The supervisor rarely participated in the televised news conferences attended by other local representatives.

When asked about it, Horn's spokesman, John Culea, told San Diego CityBeat: "His constituents knew where he was."

On Nov. 2, Horn released a "diary" outlining his whereabouts during the fires. The document said he visited various parts of his district and was in contact with emergency officials throughout.

"While others grandstand, I've always believed that my place was on the field," Horn wrote.

The California First Amendment Coalition's Scheer said that how politicians communicate with the public is a matter of individual style.

"My preference is for po liticians that meet with the people they represent, but it's not a surprise that some politicians seek groups that are supportive and avoid those that disagree," he said.

In an public announcement released via e-mail Thursday, Horn outlined the procedures to contact him.

"I welcome input from community groups, individuals, businesses, schools, charitable organizations ---- the more information you can provide me through my staff, the better it helps me reach decisions that are in the best interest of our county," Horn wrote in the release.

Contact staff writer Edward Sifuentes at (760) 740-3511 or esifuentes@nctimes.com. Contact staff writer Darryn Bennett at (760) 740-5420 or dmbennett@nctimes.com.

Charlene Sez: Contact Rick Landavazo for Horn's most recent email pledging undying accessibility to all his constituents: Landavaz@owl.csusm.edu

------ End of Forwarded Message

FW: NCTimes: Largest group yet sues over Witch Creek/Guejito fires

2008-04-12T19:31:00.000-07:00

------ Forwarded Message
From: <char.ayers@att.net>
Date: Sun, 13 Apr 2008 00:29:12 +0000
To: Charlene Ayers <char.ayers@att.net>
Subject: NCTimes: Largest group yet sues over Witch Creek/Guejito fires

-------------- Forwarded Message: --------------
From: xxxxxxx
To: char.ayers@att.net
Subject: NCT: Largest group yet sues over Witch Creek/Guejito fires
Date: Sat, 12 Apr 2008 21:36:00 +0000

Last modified Saturday, April 12, 2008 1:29 AM PDT
http://www.nctimes.com/articles/2008/04/12/news/sandiego/9f2ca1d355125eb3882
57428005993d1.txt

NCT REGION: Largest group yet sues over Witch Creek/Guejito fires

By CHRIS BAGLEY - Staff Writer

Photo: Chicken rancher Joe Cebe walks past the site where coops and 15,000
of his chickens were destroyed in the Witch Creek fire in October. Cebe and
more than 120 other families who were fire victims are suing San Diego Gas
& Electric Co., alleging that the utility was negligent in allowing power
cables to ignite the Witch Creek, Guejito and Rice fires. / DON BOOMER
S taff Photographer

SAN DIEGO ---- A group of 126 families filed a lawsuit against San Diego
Gas & Electric Co. on Friday afternoon, alleging that the utility was
negligent and "despicable" in allowing its power lines to spark three fires
that destroyed nearly $400 million in property and scorched a 200,000-acre
swath from Santa Ysabel to Rancho Santa Fe in October.

The lawsuit, filed in San Diego Superior Court, seeks a yet-unspecified
amount in restitution, along with punitive damages to deter future
negligence. Attorneys planning to litigate the case said they were still in
the process of estimating the scope of their clients' losses, but a
consulting attorney for the plaintiffs estimated that the totals could
reach $50 million.

The lawsuit alleges that the utility and its San Diego-based corporate
parent, Sempra Energy, didn't take the precautions necessary to keep
aboveground electrical cables from sparking against one another in the hot,
gale-force Santa Ana winds that swept out of the Southern California desert
on Oct. 21-22.

When one wire sways close enough to another that is strung parallel, a
charged electrical field can ignite tree branches or twigs blowing through
the air, said Murrieta attorney Mitch Wagner, one of four litigators whose
names appear on the complaint. Wires generally sway or blow in the same
direction but can easily come close enough to "arc" ---- spark ---- when
one snaps back toward the other, Wagner said.

The California Department of Forestry and Fire Protection reported in
November that sparks from electrical wires had caused all three fires. The
agency has declined to release details of its investigations until it
publishes a series of final reports, now expected next month.

Utility representatives have acknowledged the preliminary findings, but
have said repeatedly that no level of cautio n could ever prevent hot, dry
winds from blowing vegetation and electrical wires into one another. A
spokeswoman for SDG&E said she couldn't comment on the particulars of the
lawsuit, which hasn't been formally delivered to the company.

"There's a big distinction between what the ignition source is and whether
there's any liability," spokeswoman Stephanie Donovan said. "You really
can't protect your system 100 percent."

Wagner dismissed that argument, saying the company could have taken several
precautions short of burying the cables underground. The lawsuit alleges
that the company was fully aware of the potential for fire and that it
simply decided not to do anything about it.

An inflexible spacer installed between each set of poles, at the point
where the parallel wires sag closest to the ground, would have kept them at
a constant and safe distance from one another, the suit alleges. Rubber
sleeves would hav e served the same purpose, Wagner said.

"It doesn't take a weatherman to tell you that sagging lines are going to
blow together," Wagner said. "For them to say they're not aware would be
like a surgeon saying he doesn't know where the heart is."

Wagner said he and San Diego attorneys Tom Tosdal, Terry Singleton and
Gerald Singleton had delayed the filing of their lawsuit several times as
the report's release was pushed back from early February and then from
early April. A spokesman for CalFire said Friday the agency would begin May
1 to release a series of reports on Witch Creek/Guejito fires and the 20
other wind-driven fires that it battled in late October.

Donovan said company officials had become aware of the group and its intent
to sue. Sempra's annual financial report to the federal Securities and
Exchanged Commission mentioned the first five lawsuits but said the company
held $1 billion in liability insurance.
Wagner and the other attorneys gathered the plaintiffs through a series of
meetings in Ramona and other areas damaged by the fires.

The plaintiffs are concentrated along the Highway 78 corridor between
Escondido and Santa Ysabel, site of the 198,000-acre Witch Creek/Guejito
fire complex. A San Diego County government report released in November
estimated the two fires, which started on Oct. 21 and 22 and soon merged,
destroyed 1,075 houses and caused $295 million in damage.

About a half-dozen of the plaintiffs in the newest lawsuit live in
Fallbrook and Rainbow, where the 9,500-acre Rice fire broke out Oct. 22,
consulting attorney Michael Feinberg said. The county report estimated
damage from that fire at $100 million, including 240 houses and 1,000 acres
of agricultural land.

The suit filed Friday follows five suits filed since mid-November. A San
Diego attorney representing two of the plaintiff groups said Fri day that
his clients and two other sets of plaintiffs were seeking to have their
cases consolidated into a single case. The attorney, James Frantz, said the
group would then seek class status, which would allow them to press their
claim on behalf of a large number of others.

Even so, the 126 families whose names appear on the complaint Friday make
up by far the largest group of named plaintiffs to file suit over the
fires. Wagner said his clients' losses varied widely, from chickens and
flower fields to cars, houses, and personal mementos. For that reason, he
and the other attorneys said they're seeking to have their clients' case
considered separately from any class that's certified.

"We're talking about the destruction of people's homes," Wagner said.
"We're talking about ... emotional distress. It requires individualized
presentation to a jury."

------ End of Forwarded Message

FW: Dear Walt: Tell me what you hate about this idea ...

2008-04-12T19:13:00.000-07:00

------ Forwarded Message
From: <char.ayers@att.net>
Date: Sun, 13 Apr 2008 00:26:58 +0000
To: Charlene Ayers <char.ayers@att.net>
Subject: Dear Walt: Tell me what you hate about this idea ...

-------------- Forwarded Message: --------------
From: PatsyFritz@aol.com
To: Walt.Ekard@sdcounty.ca.gov
Cc: gerry.braun@uniontrib.com, roger@rogerhedgecock.com, logan.jenkins@uniontrib.com, writerink@cox.net, ed.zieralski@uniontrib.com, maryal10@cox.net, char.ayers@worldnet.att.net, dgotfredson@kfmb.com, chris70@cox.net, LBrooksSD@aol.com, gcourser@hotmail.com, aday@sycuan.org, bgendron@nethere.com, Thomas.Harron@sdcounty.ca.gov, janwrites2005@yahoo.com, Cheryl.Jones@sdcounty.ca.gov, sachiko.kohatsu@sdcounty.ca.gov, dave.kreitzer@homemail.com, Pamela.Oneil@sdcounty.ca.gov, grussepl@co.san-diego.ca.us, book1@aabol.com, jimmyv@adnc.com, Chandra.Wallar@sdcounty.ca.gov, john.weil@sdcounty.ca.gov
Subject: Tell me what you hate about this idea ...
Date: Sat, 12 Apr 2008 22:05:05 +0000

To: Walt Ekard, County CAO

Dear Walt:

Let's get creative. It's time t o swap projects:

Build a grand, new DPLU "Planning Campus" in Campo on Fa' Joe's Children's
Village land - to get the planners out into the unincorporated area (which they
rule) for a better understanding of their impact on rural communities. This
would bring a nice influx of government salaries to the community, and an
increase in Starbucks. Future County retirees would cast a healthier eye on
Campo, and some will fall in love and purchase land for their own retirement
casitas. At the least, County planners would "reverse commute" and drive
against the traffic flow. Those who don't want to move out there can carpool
effectively; the County might even pop for a bus - the ultimate in telecommuting
as they work on their laptops enroute.

The planned residents of Fa' Joe's dream are, essentially, urban kids. They
are not dreaming of 40 acres and a mule for their futures. Kearney Mesa is
exactly where they should grow up, with access to sports, cultural advantages -
and family members who want to keep in touch. The County already has
experience with kids on site - Polinsky Center. (Maybe not the greatest
experience in the world, but it's a start they can build on.) Best of all, these kids
would no longer be at risk of roasting to chitlings in a fast-moving brushfire
out in windy East County, and groundwater shortages would not loom on their
horizon. Showers are guaranteed for all ... isn't this the least they should be
offered? Within literally minutes, National University, the stadium, parks,
hospitals and future jobs await these kids. Why not a vertical Children's
Village on Clairemont Mesa?

Let's not make these facilities grey, anonymous government complexes.
Let's have a competition among San Diego architects to design both projects.

And let's name them "Father Joe's Children's Village in the City" -
and the "Mike Thometz Memorial Planning C enter for San Diego County" in Campo.

Tell me what you hate about this idea ...

Patsy Fritz

------ End of Forwarded Message

FW: CitizensforPrivatePropertyRights Newsletter--April 2008

2008-04-12T11:06:00.001-07:00

------ Forwarded Message
From: <char.ayers@att.net>
Date: Sat, 12 Apr 2008 17:45:19 +0000
To: Charlene Ayers <char.ayers@att.net>
Subject: CitizensforPrivatePropertyRights Newsletter--April 2008

-------------- Forwarded Message: --------------
From: "db-backcountry" <db-backcountry@prodigy.net>
To: "charlene ayers" <char.ayers@att.net>
Subject: CPPR news
Date: Sat, 12 Apr 2008 12:26:53 +0000

Citizens for Private Property Rights for April, 2008. Volume 15, Issue 4. Next board meeting, April 15 at Denny‚s Restaurant, 1946 Main Street, Ramona, Calif. At 6:30 P.M.    Visitors welcome.
∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑.
Many new homes are going up in Ramona to replace those destroyed by the Witch Creek wildfire of last October. Also many factory built homes have been seen passing through town toward their destinations. The Beck home was delivered April 3 and work is progressing. However many homeowners who lost their homes and had little or no insurance are left in a state of despair and really do need help to get back on their feet. Some people who suffered losses in the 2003 Cedar wildfire are still without homes.
∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑∑
Beware! Two Eminent Domain Propositions∑.One of Hope, One of Betrayal      by Fred Schnaubelt

Resorting to political dirty tricks, the League of Cities and State Association of Counties have sponsored the GOVERNMENT‚S PROPOSITION 99 on the June ballot to counteract the PEOPLE‚S PROPOSITION 98 which halts eminent domain abuse. Our politicians want to neutralize Proposition 98 by honeyfuggling the voters into believing that their Prop. 99 won‚t betray again.

Proposition 98 limits the government‚s ability to take property from present owners and give it to others to make huge profits. It prevents homes, small businesses and churches from being condemned for the benefit of big-box stores and sports arenas. It decontrols rental units when a protected tenant moves freeing up the unit to be re-rented at fair market value. It restores the 5th amendment to the Constitution.

Proposition 98 does not abolish existing rent controls in California. It doesn‚t stop the „taking‰ of property for legitimate public uses such as roads, bridges, fire stations, etc. It won‚t prevent the government from closing toxic waste dumps, abating public nuisances nor prevent the use of zoning, land use planning or stop the government from protecting the environment.

Honeyfuggle is defined as: „to ingratiate so as to cheat or deceive,‰ and politicians are masters at it in their pursuit of money, power and votes. The League of Cities et al., are acting illegally by using public funds (your money) to promote a self-serving cause according to the Orange County Register (March 8, 2008). The article reports:

„The evidence strongly suggests that public dollars are being used inappropriately,‰ said a statement from Congressman John Campbell, who co-authored a complaint to the California Fair Political Practices Commission. In it, the League of California Cities, the California State Association of Counties and the California Redevelopment Association are accused of using public funds for partisan campaigns and of concealing the identity of donors to their political action committees. „The second measure known as the Homeowners Protection Act, or Prop. 99, is backed by groups who actually opposed eminent domain reforms in 2006. Yet, those same groups now portray themselves as the only true voice of reform.‰

Opponents of Proposition 98 claim it will prevent government from forcing investors and builders against their will into supplying „affordable units‰ in brand new housing projects.

Historically, affordable housing has been older existing, cheaper housing, not brand new state of the art housing. Or it was before local governments made it virtually illegal to privately build affordable housing by adding on hundreds of onerous costly laws. Oddly, these laws were not needed when highly desirable neighborhoods such as Del Cerro, Pt. Loma, Mission Hills and La Jolla were built-out.

Simply put, if government wants voters to live in brand new housing, then in fairness, shouldn‚t the public pay for it, and not make property owners alone bear the cost?

According to the University of Michigan study, NEW HOMES AND POOR PEOPLE, the construction of 1,000 new dwelling units, both homes and apartments, makes it possible for 3,545 households to move to better accommodations. Of the 3,545 moves surveyed, 1,290 were by low and moderate-income families. This is the essence of upward mobility as part of a chain of moves. Anyone who didn‚t move to a new house when they left their parents home (99% of us), know how it works. Used housing is „affordable housing.‰ Not all used housing, of course, but the private market supplies far more housing for low to middle income people than all the government programs together. It just isn‚t expensive, brand new housing.

Proposition 98 will require local government to return to the policies that enabled 50 times as many people to live in privately built housing as now line up for government mandated „affordable housing.‰ With a severe housing shortage, the press never explains why thousands of new homes/apartments should be subsidized while thousands of privately to-be-built homes/apartments should be scuttled∑.sometimes in the same neighborhoods. Or, why poor people deserve to live in expensive new housing while the overwhelming majority of self-supporting tenants must live in older housing.

The non-partisan Legislative Analyst‚s Office stipulates that the GOVERNMENT‚S PROPOSITION 99∑‰would not change significantly current government land acquisition practices‰ (page 3). Aha! Betrayed again by our politicians!

They add that THE PEOPLE‚S PROPOSITION 98, on taxes, the net statewide fiscal effect would not be significant‰ (page 8).

However, THE PEOPLE‚S PROPOSITION 98, while not raising taxes, hopefully will constrain the government‚s land acquisition practices. Read the Legislative Analyst‚s reports before believing the baloney put out by the opponents of private property rights.

Guejito Rancho Coveted by Environmentalists, Politicians and Bureaucrats    by Darrell Beck

The Guejito (wa-he-ta) Rancho is the only intact Mexican land grant still remaining in San Diego County. The 23,000 acre rancho lies on a mesa between the city of Escondido and the unincorporated town of Ramona and north or San Pasqual Valley. The large undeveloped area, used primarily for cattle grazing, is not accessible with roads or modern infrastructure and is owned by the Benjamin Coates heirs who are represented by Attorney Henry Rupp.

Due to the recent death of Mr. Coates there has been considerable interest by politicians, bureaucrats and environmentalists who covet this vacant land to seek control of the vast rancho. Ever since Mr. Rupp entertained the idea of development and annexation to the City of Escondido, the newspapers have been filled with chatter about „buying‰ the rancho or suggestions that the Coates heirs should „donate‰ it to someone like the Nature Conservancy as a „legacy.‰

The San Dieguito River Park Joint Powers Authority voted to include the rancho within their Focus Planning Area by reaching well beyond the original boundaries of the San Dieguito River Park plan thus allowing government authority to place an onerous cloud over the land title. Even the maps published in local newspapers identify the land as the „Rancho Guejito Preserve‰ thereby showing how our enviro-government has already made plans to take the land by hook or by crook.

Even San Diego County Supervisor, Bill Horn, a once strong property rights advocate who has held power too long, has turned soft by teaming up with Endangered Habitats League President, Dan Silver in an attempt to go to Washington and get two hundred million dollars to buy the rancho for „preservation‰ despite the fact that the Guejito representatives have indicated they don‚t want to sell. Adding to this shot-gun sale, North County Times editorialist, John Van Doorn flagrantly accuses the owners of being „un-American‰ for not wanting to sell their land.

Over the past twenty or so years the radical environmental community has been busy influencing government and forcing their way into power through every kind of conceivable lawsuit, adding to the cost of doing business and in many ways denying American citizens their rights as guaranteed by the Constitution and Bill of Rights. The environmentalists always want to „save‰ open space by having the government purchase the land with public funds but are never ready to spend their own funds to buy the land. In the end the government holds the land that environmentalists don‚t really want anyone to use for practical purposes. The government then must remove the land from the tax rolls and finds that it has no funds to properly care for the vast amounts of open space it now owns. A good example of government mismanagement occurred during the recent Cedar and Witch Creek Fires where the „saved critical habitat‰ turned out t o be a tremendous amount of fuel to sustain a huge wildfire causing great damage and pain.

Good advice that the radical environmentalists and those they influence never seem to practice is The Golden Rule: „Do unto others as you would have them do unto you.‰

Environmentalists, Bureaucrats and Politicians love the habitat to death.
By Darrell Beck

Since our too-long-in-the-saddle San Diego County Board of Supervisors acted in 1997 to create the infamous Multiple Species Conservation Program (MSCP) they have been busy as beavers taking land though various regulatory means, purchases and subtle extortion to „save critical habitat‰ for endangered species. During that time they have created the San Dieguito River Park, the MSCP and are looking hard at the El Monte Park on the San Diego River as well as showing strong interest in taking all of the major rivers in San Diego County.

All of this land grab amounts to many hundreds of thousands of acres in a county where government ownership already exceeds 65% of the land in the county. Once the people have been completely bamboozled by their benevolent effort to preserve habitat for endangered species you can be sure they will incrementally expand their interests to include the „watersheds‰ which will include control of everything left over.

But something important happened in 2003 and 2007 that contradicts the county‚s effort to save critical habitat. The supervisors were suddenly awakened to the fact that critical habitat, otherwise known as brush by old-timers, is flammable and needs to burn off occasionally. It is just a fact of nature that the brush must burn in order to maintain a healthy forest and its wildlife. So by trying to save the brush the authorities are actually mismanaging their valuable habitat. They are also endangering the lives and fortunes of all the people in the county by loving the habitat to death.

Recently the supervisors have requested funds from the State of California in order to „clear the brush.‰ So all of a sudden they want to clear the brush that they are trying to save. The supervisors are truly confused and need help desperately and I hate to say we told them so when they were creating this monstrous land grab in cooperation with the federal government.

First they need to stop listening to the radical environmentalists and bureaucrats because neither of these factions have an ounce of common sense. Second they need to follow the Golden Rule by ceasing to covet everyone else‚s land and stop taking more private property for open space, habitat, animal corridors, parks, etc. And finally they need to realize that all of that „critical habitat which is fuel for the next wildfire‰ must be properly managed through control burning, brush clearing of fire breaks and maintenance through grazing and better use of the land.

Mismanagement of Habitat by Government Authorities in San Louis Rey River by Darrell Beck

For almost ten years bureaucrats, environmentalists, politicians, extremists, Coastal Commission, State Dept. of Fish and Game, The National Oceanic and Atmospheric Administration and the Army Corp of Engineers have been fighting over how to care for the flooding problem and invasive habitat in the San Louis Rey River. Finally in February, after a ten year war between people who want to save a bird and its habitat v. people who want to save people and their habitat, the Corp. had a permit to go in and clear the overgrowth from the channel to reduce the fire hazard and so water could actually flow downstream without flooding over the banks.

Part of the problem began after the Corp had earlier built a levee system and was required to plant more than 100 acres of new bird habitat as „mitigation for unavoidable impacts‰ within the river channel. This man-made habitat quickly attracted the endangered Bells-vireo in greater numbers than had existed there previously. Just as the Corp. was preparing to start clearing with their big machines in late February it was time to stop work for the nesting season of the birds from March to September.

We will never get the common sense of our pioneers back until we eliminate the influence of the radical environmental movement; a false movement that is at war with the environment and the people.

Irresponsible management of Santa Maria Creek by the authorities led to extreme fire damage
by Darrell Beck

During the Witch Creek Fire of October, 2007 we found that the Santa Ana winds generally follow the course of water and twist down the canyons toward the sea. By observing the aftermath of the fire in the Ramona area it was obvious that the winds carried the fires down the canyons and followed the water courses through the valley.

It was particularly obvious that when the fire reached the brush-line at the base of the mountains range on the east side of the valley it spread quickly down the Santa Maria Creek that was choked with overgrowth that had been allowed to flourish since the floods of 1980. This was a growth of trees and bush that had never existed prior to the floods but was now considered by the authorities to be untouchable critical habitat. This was the path that the fire took that eventually jumped Elm Street and burned sparse stubble that destroyed seven properties and eventually reached and destroyed our place as we had been ordered to evacuate and were not there to protect our property. When we returned, we found that the authorities were also unable to protect our property.

This is especially troubling to me as I had always been extra careful to maintain a 500 foot clearance and keep the property defensible. But making matters more disturbing is my recollection that when some local park volunteers tried to clear the overgrowth from the Santa Maria Creek about ten years ago they were stopped by the Army Corp. of Engineers (after being reported by a local snitch) to cease and desist from clearing the creek due to the presence of endangered species and critical habitat. The Corp. threatened the volunteers with jail time and fines, thus the clearing was halted and the overgrowth was allowed to thrive only to create plenty of fuel for the Witch Creek Fire.

It just seems to me that if the authorities make the claim that they, and only they, are capable of managing the habitat they have been taking, then they should hold total responsibility for any damage it causes to the people as the result of flood and fire. What do you think?

The Sunrise Power link; another Environmental hallucination    by Darrell Beck

Some years ago, radical environmental influence demanded that the California State Legislature make laws requiring that utilities in the state begin generating power from „renewable‰ sources such as geothermal, sun and wind. As a result, the local utilities have been trying to build the Sunrise Power Link, a high voltage transmission line to be erected from the deserts (or Mexico where environmental constraints don‚t exist) across the State Park, backcountry ranches and private property to serve San Diego.

Naturally almost every environmentalist that had demanded the use of „natural‰ power is now opposed to the transmission line because they claim it looks ugly, will destroy the environment, is a fire hazard etc. But plenty of people other than environmentalists are opposed to the power link for various other reasons. Many are opposed to the power link because it‚s not necessary. If only we would stop listening to the radical environmentalists and enter the 21st Century, we would be investing in nuclear power that could be generated nearby without erecting more towers in the backcountry. Here nuclear power could also be used for desalinization of seawater.

The Wisdom of History by Darrell Beck

About the time our original thirteen states adopted their new constitution in 1787, Alexander Tyler, a Scottish history professor at the University of Edinburgh, had this to say about the fall of the Athenian Republic some 2,000 years earlier:

„A democracy is always temporary in nature; it simply cannot exist as a permanent form of government.‰

„A democracy will continue to exist up until the time that voters discover they can vote themselves generous gifts from the public treasury.‰

„From that moment on, the majority always vote for the candidates who promise the most benefits from the public treasury, with the result that every democracy will finally collapse due to loose fiscal policy, which is always followed by a dictatorship.‰

„The average age of the world‚s greatest civilizations from the beginning of history, has been about 200 years.‰

„During those 200 years, those nations always progressed through the following sequence: From bondage to spiritual faith; from spiritual faith to great courage; from courage to liberty; from liberty to abundance; from abundance to complacency; from complacency to apathy; from apathy to dependence; from dependence back to bondage.‰

We must realize that the presidential candidates today are promising everything from free cheese to the kitchen sink so long as we become dependent upon government entitlements and other free hand-outs. If we take the bait, we may never know that our legacy to our successors will be back to bondage.

End

------ End of Forwarded Message

FW: Another Dream shattered

2008-04-12T11:06:00.000-07:00

------ Forwarded Message
From: <char.ayers@att.net>
Date: Sat, 12 Apr 2008 16:54:00 +0000
To: Charlene Ayers <char.ayers@att.net>
Subject: Another Dream shattered

-------------- Forwarded Message: --------------
From: xxxxx
To: "Charlene Ayers" <char.ayers@att.net>
Subject: Another Dream shattered
Date: Sat, 12 Apr 2008 06:27:36 +0000

God‚s rainbow shines on the DPLU??






Finally, someone

has managed to photograph the

pot at the end of the rainbow!!!

Wouldn't you know it!

------ End of Forwarded Message

FW: SDUT-AP: Schwarzenneger says he would fight efforts to ban gay marriage

2008-04-11T22:16:00.003-07:00

------ Forwarded Message
From: <char.ayers@att.net>
Date: Fri, 11 Apr 2008 22:48:13 +0000
To: Charlene Ayers <char.ayers@att.net>
Subject: SDUT-AP: Schwarzenneger says he would fight efforts to ban gay marriage

<http://oas.uniontrib.com/RealMedia/ads/click_nx.ads/www.uniontrib.com/clickability@Right>
More California news <http://www.signonsandiego.com/news/state/index.html>
Schwarzenegger says he would fight efforts to ban gay marriage

ASSOCIATED PRESS

2:56 p.m. April 11, 2008

SAN DIEGO ˆ Governor Arnold Schwarzenegger says if an initiative to ban gay marriage qualifies for the November ballot, he's prepared to fight it.

California's governor was in San Diego Friday speaking at the annual convention of the Log Cabin Republicans, the nation's largest gay Republican group.

Schwarzenegger said he was confident that a ban would never pass in California but called the effort „a waste of time‰ ˆ joking that he wished activists would focus on allowing naturalized citizens to run for president instead.

A Schwarzenegger spokeswoman did not say what prompted the governor to shift his position. He has previously vetoed bills that would have legalized gay marriage.

------ End of Forwarded Message

FW: Parks Advisory Committee--April 11, 2008 (off-road vehicle parks, oh my)

2008-04-11T22:16:00.001-07:00

------ Forwarded Message
From: <char.ayers@att.net>
Date: Sat, 12 Apr 2008 00:20:06 +0000
To: Charlene Ayers <char.ayers@att.net>
Subject: Parks Advisory Committee--April 11, 2008 (off-road vehicle parks, oh my)

Parks Advisory Committee˜April 11, 2008

Boy, did I think I took a wrong turn∑.

What would you think if Rick Landavazo (cranky Hellhole Canyon guy) was lavishing praise on SUP Horn for being an outstanding conservationist? Adding that SUP Horn was „always‰ available to talk to his constituents.

Then Jim Peugh (Audubon Society) not only recommended that the County-State set aside land for an off-road vehicle park, but said that probably three of them would be about the right number.

Whoa!

Yep. That‚s waaaht they said.

Landavazo was responding to a request from a committee member for the group to write a letter appreciating and encouraging SUP Horn in his conservation efforts for San Luis Rey and Rancho Guejito.

Some of the other committee members cautioned that it may be a bit premature on Rancho Guejito.

Landavazo counseled that maybe an individual communication to Horn would be more appropriate. He brought up an email that Horn had just sent to his constituents recently urging them to contact him on anything that was on their minds. Landavazo assured us that Horn was always available to talk to his constituents. He offered to forward Horn‚s email to that effect. If you would like to see that email: Landavaz@owl.csusm.edu

Peugh‚s remarks came at the end of the presentation to the group by Crystal Crawford, SANDAG, on finding a place in the county for legal off-road use.   He prefaced them by commenting that he did not subscribe to the theory that creating one of these parks would curb the illegal off-road use taking place now.   He thought it would probably increase it as the sport would expand its participants when a legal place was created.   BUT he said based on the „green tags (registration)‰ it looked like there were three areas where the concentration was high and where the parks should be placed.

Peugh and Crawford serve on the Biodiversity Council.   They have been serving on the OHV Recreation Committee. They have visited two successful parks in Santa Clara County: Metcalf and Hollister.

Peugh was clear that the parks have to be maintained, habitat repaired, and the rules of the road/ride strictly enforced. He stressed that education was an important component of the plan for these parks, and experienced, professional management a must.

He said that in the year that the committee has been meeting sadly several good locations have „collapsed.‰ He said that it was important to do this. The sooner the better.

Crystal Crawford‚s remarks which she handed out are below.

There was terror and trepidation on several of the Parks Advisory members faces at this prospect. One worried about how it would fit amongst all the MSCP/HCP programs. He said that the land was all took up. Another who is a well-known anti-off road vehicle activist looked stricken. One wanted the companies who sell and market these vehicles to put their money into purchasing and maintaining these parks. He brought a huge coffee-table book called „Thrill Craft‰ to show how destructive these vehicles are. He offered to buy one for the Parks Department. The offer was declined.

The surprise was that some of the Parks Advisory members had been off-roaders, and they supported the idea of providing these parks. These were people who were active in maintaining existing county parks as volunteers.

Waaay back when I started in this vocation, I found a lawsuit in Idaho in which the snowmobile folks, hunters, and others sued the state for access to recreational areas. The premise was that recreation was for all the people of the state who had paid for it, not just a few, and certainly not for the just the kind of recreation that the government liked better. The snowmobile folks, hunters and others won.   It only makes sense.

Charlene

**************************************

__________ _ __________ _______________________________________________________!_______________________________CRYSTAL CRAWFORD - SUMMARY OF QUICK FACTS RE OHV

The San Diego region has a growing problem with the illegal use of off-highway vehicles (OHV) in open space areas, which stresses the natural resources on lands protected for open space. The last 15 years have seen an 85 percent increase in dirt motorcycles and ATVs in the State. New technologies have been developing including electric dirt bikes, ATVs that operate off-road and in the water, and four-wheel drive golf carts for families. Off-highway recreation has increased to become a multi-generational family activity.

San Diego County has the second highest number of „green stickers‰ (OHV registration stickers) in the State, but the money collected from those fees goes to areas where there is legal OHV. Without any legal place for OHV riders in San Diego County, illegal use will continue and will increase with the growing popularity of the sport.

Santa Clara County faced with this same challenge and developed the 459-acre Metcalf Motorcycle Park. Santa Clara County‚s Park and Recreation Department operates this facility, which operates five-days a week and provides over 65,000 visitors a year a variety of motorcycle and all-terrain vehicle (ATV) experiences on over twenty miles of trails. Since Metcalf Motorcycle park was established in 1978, the illegal OHV use in Santa Clara County has dropped to virtually zero.

Could this approach work in San Diego and reduce impacts to our native habitat while providing a safe, legal place for recreation?

A meeting of the California Biodiversity Council (CBC) last April 2007 challenged the preconceived notions of the various members regarding OHV parks, i.e. images of unrestricted access devoid of native habitat. Instead the Council learned that:

    Managed OHV parks have a variety of recreational users of all ages and with experience levels from beginner to expert
    Managed OHV parks have active ranger patrols and a strong volunteer component for safety, enforcement and trail maintenance
    User fees are charged to off set cost of the OHV park
    OHV parks can successfully include strong environmental education programs and self-enforcement among users is prevalent and encouraged
    Long and fast is not necessarily the most interesting trail design for users. Similar to mogul hills in skiing, a low speed single track challenging trail can be just as interesting to riders
    Trails can be designed to be hydrologically invisible on the landscape
    Restoration of native resources is a component of OHV Parks

Daphne Green and Phil Jenkins, California State Parks, Off-Highway Motor Vehicle Recreation Division are willing to help the region find a way to solve its illegal OHV problem. They have worked in other Counties (most recently Yolo) to design solutions to the exact same issues. A report is due out from the State this month on the potential locations of OHV opportunities in the San Diego region.

Crystal Crawford is a councilmember from Del Mar. She represents Del Mar on the SANDAG Board of Directors and is SANDAG‚s representative to the CBC.

For Agenda Item 8 (April 11, 2008)
San Diego County Parks Advisory Committee

------ End of Forwarded Message

FW: Links to SD Repub Central Com state account (2005-2006)

2008-04-11T08:57:00.003-07:00

------ Forwarded Message
From: <char.ayers@att.net>
Date: Fri, 11 Apr 2008 07:02:44 +0000
To: Charlene Ayers <char.ayers@att.net>
Subject: Links to SD Repub Central Com state account (2005-2006)

Charlene Sez:

This where I saw the San Diego Republican Central Committee-state account. This is the link where the .pdf search works. Right click. Choose "search" from menu.   Use "Kelly" or "Shield" for the search.

http://www.blogofsandiego.com/Lobbyists/RepublicanPartyFaulconer.pdf

This is the link to the SOS webpage and the SD Repub account. It is not in a .pdf format. No easy way to "search" for the individual and cumulative totals for Kelly and Shield. They are there but it takes grunt work to find them.

http://cal-access.sos.ca.gov/Campaign/Committees/Detail.aspx?id=1018475&session=2005&view=expenditures

AND Schumsky ran for the Alpine School Board & the APG:

Candidate for
Board Member; Alpine Union School District <http://www.smartvoter.org/2006/11/07/ca/sd/race/042>

The information on this page and on all pages linked below is provided by the candidate.
The League of Women Voters does not support or oppose any candidate or political party.
Biographical Highlights

Occupation: Realtor
Business Manager
Legislative Analyst/Educator

Top Priorities if Elected

Maintaining The High Standards of Academic Excellence
Supporting Programs That Benefit The Childrens Future
Supporting Programs And Benefits That Keep District Morale At It's Highest

Key Endorsements

Hon. Steve Hunyer
Hon. Mark Price
Hon. Joel Anderson

Special District

Board Member; Alpine Community Planning Area <http://www.smartvoter.org/2006/11/07/ca/sd/race/101/> (7 Elected)

Jim Easterling .......... 2379 votes 12.15%
Brad Bailey .......... 2358 votes 12.04%
George Barnett <http://www.smartvoter.org/2006/11/07/ca/sd/vote/barnett_g/> .......... 2294 votes 11.71%
Louis Russo .......... 2280 votes 11.64%
Chuck Taylor <http://www.smartvoter.org/2006/11/07/ca/sd/vote/taylor_ck1/> .......... 2232 votes 11.40%
Linda Richards .......... 2140 votes 10.93%
Jane C. Fitz .......... 2015 votes 10.29%
Matt Schumsky .......... 1950 votes 9.96%
David Waitley .......... 1939 votes 9.90%

------ End of Forwarded Message