No holds barred - noholdsbarred's Blog - Bakersfield.com

Statement by CARB board member

Sat, 21 Nov 2009 13:02:48 PST

Here is a video of Dr. Telles asking that the truck rule be set aside because of problems with the researcher's credentials.

It's pretty strong.

Lies and cover ups tarnish California Air Resources Board

Fri, 20 Nov 2009 19:33:08 PST

It’s not the lie, it’s the cover up that’ll get you.

How many times does this wisdom have to be pounded into the heads of bureaucrats?

The scandal over how a lead researcher behind California’s new diesel truck rules lied about his credentials continues to grow.

At Thursday’s California Air Resources Board meeting, one of the board members said the legitimacy of the rule is in question because of the lie and subsequent cover up and asked for a legal opinion on what should be done next.

The problem started with Hien Tran, the lead author of the report on which the new diesel rules were based, who lied about having a Ph.D. degree in statistics from U.C. Davis.

Though the lie was brought to some CARB bureaucrats’ attention well before the vote on the draconian rules last December, it was kept “in house” until I and an editorial writer for the San Diego Union Tribune got wind of it and started hammering on it early last spring.

Turns out, not all the board members, who voted on the rules based on Tran’s report, were told of his lies.

But some were — and kept mum.

The issue was brought to the full board’s attention at its September meeting in Diamond Bar by regular citizens.

At the time, board member John Telles, a medical doctor, was quite upset, saying, “This is the first time I’ve actually been apprised that there was fraud in the organization here.

“In my world, if an article was published by somebody who didn’t have a Ph.D. and said he had a Ph.D., the whole thing would be nixed...I just find it incredible.”
Well, he did some of his own digging and at this week’s meeting he asked that CARB’s legal counsel issue an opinion on what more should be done.

Telles also laid out a stunning chronology that revealed many CARB muckey-mucks, including chair Mary Nichols, knew about the lie before the vote and never said anything.

Tran’s lie was first brought up by Dr. Stan Young in November 2008 to the California Secretary of the Environmental Protection Agency, who sent Young a letter dated Nov. 4, 2008, assuring him of Tran’s credentials.

Then on Dec. 3 and 4, 2008, UCLA professor Jim Enstrom contacted three CARB board members telling them of Tran’s indiscretion.

One of those board members, who I’ve reported was John Balmes, asked CARB staffers to investigate.

By Dec. 10, Tran had confessed. Those in the know included Nichols, Balmes and at least five other top CARB members.

The vote on the diesel rules using Tran’s report was the next day, Dec. 11, 2008 and the full board wasn’t told.

Even after the cat was out of the bag at last September’s meeting, Telles said, “Staff never mentioned that they had this information prior to the vote.”

Based on all that, Telles said, the legitimacy of the vote is in question as well as the legitimacy of the truck rule “and CARB itself.”

“How we handle this reflects on the future credibility of CARB.”

Yes, it does. Just ask Richard Nixon.

Strange encounter ends in arrest

Fri, 20 Nov 2009 19:14:48 PST

I received a lot of reaction to my piece about the fellow who came to my door the other night, acted strangely and then ran off (see Wednesday’s paper or my blog at www.bakersfield.com).

Well, he was arrested Thursday evening, still in northwest Bakersfield and still acting strangely.

He didn’t do anything terribly bad and wasn’t a dangerous guy. But I feel I need to clear up what happened and point out some interesting things I learned along the way.

First, the guy at my door and the people he works with are not connected to a string of “sales calls” followed by home burglaries in south and southwest bakersfield in October.
Bakersfield police Lt. Jay Borton told me they’re convinced they caught those bad guys who, as we reported in Friday’s paper, were members of a gang.

Second, you need a peddler’s permit in the city or county to go door-to-door (Girl Scouts and other non- profits are exempt). And the permit only allows people to sell from 8 a.m. to 8 p.m. in the city and 9 a.m. until 30 minutes after sunset in the county.

Third, the man who came to my door Tuesday night, along with a number of other young men and women that people have noticed around the city, work for a company called All Can Succeed.

The company, headquartered in Omaha Nebraska and owned by Kevin Ballard. I talked to Ballard Friday.

He said they hire young people from inner cities all over the country, train them to sell, then take them to various cities.

“We’re 100 percent legitimate,” said Ballard, who started the company in 2006.

They drop the sales teams off in neighborhoods around the city in the morning, tell them to sell, sell, sell, then pick them up in the evening

That’s exactly what a group of moms I met at Haggin Oak Park Thursday afternoon thought might be the case. The sales people were all over their neighborhood earlier in the week.

“I don’t think we’re being cased,” Kim Mishkind told me. “It seems more like these are young people who may be being taken advantage of by some company.”

One of the young men in question, Damonte Robinson, 22, said he didn’t feel that way, but it was tough selling subscriptions door-to-door.

He’d been attending community college in Los Angeles, working toward certification to service heating and air conditioning units when his financial aid ran out and he needed a job, he said.

He saw an ad for All Can Succeed and thought he’d give it a try. He, like all the other All Can Succeed member including the man who came to my door, was very nicely dressed, which Robinson said is something the company stresses.

“You learn the importance of good manners, a firm handshake, looking people eye-to-eye,” he said. He earns half of whatever he sells and said they get paid every night.

“But this is hard, especially for me. I’m not a pushy person.”

The man who came to my neighborhood, Michael Carruthers, 28, from Memphis, Tenn., had the pushy part down, but apparently not the manners.

While he didn’t say much to me, he got into arguments with other neighbors, calling them racist (even an African-American man who simply asked what he was selling).

The Sheriff’s department had numerous calls about Carruthers starting Tuesday night and became very concerned when they couldn’t find him, according to Sgt. Otis Whinery. So, when a call came in Thursday night, every cruiser in the Rosedale substation responded.

Carruthers had no identification, no peddler’s permit and he was knocking on doors after dark.

It could have been a toss-up on whether to arrest him or let him off with a warning. ButWhinery said once he became “verbally aggressive” with deputies, off he went.

Rodney Ballard, also with All Can Succeed, said Carruthers was one bad apple and that the company wasn’t aware of the business license rules. He said they were fixing all that on Friday and hoped to be in Bakersfield a while longer.

PG&E smartmeters WILL be tested

Fri, 20 Nov 2009 12:12:28 PST

Just got this from Sen. Dean Florez' office.

YAY! (though why it took intervention from a senator to get the CPUC to get off its duff and actually treat consumer's complaints seriously is another story!)

Still, good news!

And I'm also reading that customers in the Bay Area who are just now getting the smart meters are having the same complaints we did down here in Bakoland.

One man emailed me from Fairfield about how his bill is normally $160 in the fall. After getting a smart meter it was $500 for last month. Not exactly a heat wave going on in Fairfield (which is on the delta) and certainly not at this time of year.

What's PG&E's excuse for THAT!?

Anyhow, here's Sen. Florez' release:

CPUC votes to require Smart Meter testing

Florez called for independent review of PG&E devices amid widespread billing anomalies

SACRAMENTO – The California Public Utilities Commission today declared “extraordinary circumstances” to allow them to quickly move forward with hiring an independent consultant to test PG&E’s “Smart” Meters, amid widespread reports of billing anomalies with the new digital meters, including bill spikes of double and triple normal utility payments – even in vacant homes.

Senate Majority Leader Dean Florez (D-Shafter) has held hearings in Bakersfield and Fresno on residents’ concerns that Smart Meters are not accurately reading their energy usage. Many of those residents reported spikes in usage while they were at work or on vacation.

In October, Florez hand delivered a list of demands to CPUC president Michael Peevey, including a call for independent testing of meters and a moratorium on new installations until such testing was completed. Peevey did not call for a moratorium, but quickly agreed to independent testing, a position made formal by today’s unanimous vote of the CPUC.

By declaring extraordinary circumstances, the agency can avoid some of the delays in the contracting process and get answers for consumers – some of whom have seen their utility bills eclipse their rent or mortgage – more quickly.

“While I would have liked to see a halt to Smart Meter installations until we can assure consumers they work, I am happy the PUC took this action to get to those answers as quickly as possible,” said Florez. “No one should be making the decision between keeping the lights on or putting food on the table while these doubts persist.”

“I also believe the public needs assurance that this testing will look at how these meters work in real life, in real homes, with comparisons to historical figures using traditional meters,” Florez continued. “Clearly the off-the-line factory testing that has occurred has not been sufficient.”

Smart Meters are ultimately supposed to give consumers real-time information on their energy usage, so they can make adjustments to save on their bills, but the technology to allow the sort of communication needed to achieve that will not be in place for years. So far, only the utility itself seems to be saving -- eliminating the labor costs of manually reading older meters -- as many consumers say their bills have increased dramatically despite cutting back on energy consumption.

PG&E has blamed the spike on summer heat, but much of the increase has come from multiple rate hikes approved readily by the Public Utilities Commission, much of that to pay for the new meters.

Suspcious guy at my door last night

Wed, 18 Nov 2009 15:37:01 PST

Last month reports of a door-to-door burglary operation surfaced and then faded away. (See email string below and check out this report from KGET Oct. 30)

All those previous reports happened in the city and according to BPD, they haven't had anything new in recent days.

Based on what happened in my neighborhood last night, I wonder if the burglar(s) have shifted territories to northwest Bako.

About 8:15 p.m. the doorbell rang and nicely dressed black man was on the door step. (Don't think I'm being racist, I'm just saying who was there!) He was in his late 20s maybe 30s, probably 5 feet, 11 inches tall and medium build.

He was in a long-sleeved blue shirt, red tie and khaki pants and was carrying what appeared to be a binder or order book. Frankly, I saw the tie and the book and thought it was a political pollster. (Talk about scary!)

Anyway, I have a bunch of dogs and they immediately swarmed him as he started to say, "Good evening, ma'm..."

One of the dogs is mean so when he reached down to pet him I warned, "Oh, don't touch him, he doesn't like people."

He tried to start his spiel again but the dogs were barking and I was yelling at them. He looked around and finally said, "Oh, never mind. God bless," and sprinted off to my neighbor's house.

I thought it was odd, stepped outside to look around and saw no cars, nor did I see him at my neighbor's front door.

Weird.

I got to work and someone had sent my husband the email string pasted below. I freaked out and ran home for lunch to make sure the door was bolted and talked to several neighbors who said they had seen the man walking very rapidly through the neighborhood or that, yes, they'd had a knock on their door as well, but no one was there when they answered.

I made a report to the Sheriff's department and was told they'd had 3 calls around the same time last night from my neighborhood from people saying they'd had a strange encounter with the same man.

In one case, he made a similar fumbling attempt at a greeting then took off. In others, he argued with residents saying he was just trying to make money or, when someone asked what it was he was doing or selling, he accused them of being racist and stalked off.

A deputy from the Rosedale substation scoured the area, even cruising in stealth mode with all his lights off but never saw the man.

I'm not sure if it's the same person described in the emails below but you never know!

Just BE CAREFUL!
------------------------------------------------------------------------

EMAIL STRING STARTED IN OCTOBER DESCRIBING HOW A PAIR OF POSSIBLE BURGLARS ARE GAINING ACCESS TO PEOPLE'S HOMES.

NOTE: EDITED BY ME TO REMOVE LAST NAMES AND PLACES OF BUSINESS

From: Kelly
Sent: Thursday, November 12, 2009 9:56 AM

Subject: FW: Fwd: Don't open door to strangers. PLEASE READ THIS FOR YOUR SAFETY

FYI….in case these people start expanding their “territory”….start with the story at the bottom

------------------------------------------------------------------------
From: Maria
Sent: Thu, Nov 5, 2009 12:35 pm

This guy was also trying to sell my son and husband some solution that
cleaned everything a couple of weeks ago... I pulled up when my son was talking
to him and found it weird that he wasn't leaving... how scary is that......
I'm way on the other side of town, over by Foothill High School ....

################################################

From: Leanne

Sent: Friday, October 23, 2009 8:06 AM

The same man came to my home in the McKee and South H area last night.

Thankfully I have large dogs and they did not get a good vibe off of him and they were not being exactly nice. He still attempted to give me the flyer for cleaning products and when I wasn't interested he had an attitude used foul language and left. He was carrying an almost empty black bag with him.

After he left the dogs would not calm down they ran in and out all evening whining and barking! I know it had to be the same guy!

#################################################

From: John

Date: Thursday, October 15, 2009, 2:17 PM

yep, I'm off Ashe and Harris,,, she came to our door, funny delivery, her "friend" was standing on the curb waiting...

#################################################

From: GAYLE

Sent: Thu, Oct 15, 2009 1:55 pm

A lady came to our house selling the same stuff. She asked what I did and went on to tell me what my neighbors did. She wouldn't leave her flier she snatched that out of my hands like it was a hundred dollar bill.

Thank goodness I told her I was a stay at home mom. Im off of Buena Vista and White lane so they are making the rounds.

#################################################

From: Ken

Date: Thursday, October 15, 2009, 11:25 AM

A female came to my door pitching the same stuff, I tried to quickly dismiss her, and as she persisted, I told her I'd rather watch the (Monday night) football game, thanked her, and closed the door.

################################################
From: Elaine

Sent: Thursday, October 15, 2009 11:17 AM

My parents live off of Panama and Buena Vista , and I opened the door to a guy described below but immediately told him that I wasn't interested and shut the door.

###############################################

From: Michelle

Sent: Thursday, October 15, 2009 11:05 a.m.

Subject: I just wanted to give you all a heads up...

On Wednesday night, a man came to my door trying to sell a cleaning product. It's an all natural organic cleaning agent for all types of surfaces. He was very persistent and kept making jokes about his ethnicity and "you just need to H.B.O.." ( Help a Brotha Out ).

I laughed at his jokes and then he almost tried to walk into my house to "show me what this product could do", when he realized that my husband was sitting right there. He played it off and then asked what kind of work we did and mentioned that my neighbors said that "it was hard to get a hold of us."

He was totally phishing to see when we were gone and everything. He had a brochure for his product, but when I told him that I wasn't interested he snatched it out of my hands and left.

Then yesterday when I went home for lunch, there was a muddy foot print on my front door next to my deadbolt! He tried to kick the door down.

He was not successful with my door, but he did get into my neighbors house and stole hundred of dollars worth of jewelry, and a digital camera. He carries a back pack, and I am assuming that those items were stolen because they could be put in his back pack or his pockets.

I did speak to police yesterday night and gave a description.

He is an African American male is his mid to late twenties. He is about 6'2" 150-160 lbs.

I live off of Panama and Ashe, and I have heard that he has been all through our neighborhood!

Please keep an eye out and be careful!!

Adoption day "magical"

Tue, 17 Nov 2009 16:53:15 PST

There are some stories I come across that make me smile.

Really. I mean that in a good way!

November is National Adoption Awareness month and Friday our local courts will celebrate National Adoption Day with more than 50 adoptions.

On that day, two Kern County men will happily oversee the final signing of adoption papers for the local families.

And it just so happens that both those men, Kern County Superior Court Judge John Brownlee and Bakersfield Mayor Harvey Hall, were adopted themselves.

“I am who I am today because of the wonderful parents who adopted me 68 years ago. I couldn’t have done any better than to receive the parents that I did,” Hall told me.

Brownlee was equally effusive.

“I think I’m the luckiest guy in the world,” he said of being adopted.

Hall, who wasn’t told until he was 12 that he was adopted, never had a bit of angst about it. Neither did Brownlee, who was told right away about his parentage.

“My mom was troubled about it when she told me,” Hall recalled. “I told her, ‘I’m so glad you and dad came along, you don’t need to fret over this.’”

His parents picked him up in Long Beach, brought him home to Bakersfield and that’s where he’s been ever since, Hall said.

“Mom and dad were mom and dad and that was just it,” said Brownlee, who grew up in Blythe riding his motorcycle, hunting and fishing. “I wouldn’t trade my childhood for anything.”

Their parents, each man said, gave them something of irreplaceable value — roots.

That sense of belonging is crucial to children of all ages, agreed Bethany Christman, Assistant Director of the Department of Human Services assigned to Child Welfare Services.

“Being adopted is about more than giving a child a place to lay his head at night,” she said. “They also get that family’s identity, their heritage, their traditions, their history.”

Kern has 2,400 children in the foster care system. Of those 600 are cleared for adoption and eagerly awaiting their forever homes.

Perhaps I’m naive, but I found that number sadly high. Particularly when you consider the county finalized 281 adoptions last year. It’s great for those 281 kids and a good job by the county.

But that still leaves an awful lot of kids living on hope.

Christman told me things are a little better these days. In the early 2000s, the county averaged 3,000 children in the system.

Still, we appear to be on the high side for our population size, according to statistics collected by the Center for Social Services Research at UC Berkeley.

Kern had 8.8 children per 1,000 of our child population “in care” in July 2008, the most recent figures available.

Looking at other counties with similar-sized child populations (about 250,000), we’re lower than Fresno at 9.1 per 1,000. But we’re higher than San Joaquin, 5.9 per 1,000; Contra Costa, 5.3 per 1,000; and Ventura, 2.9 per 1,000.

Even looking at other valley counties, which have similar demographics, we have a higher prevalence of children in the system than all but Fresno.

Christman told me comparing county data is tricky nearly to the point of being useless because approaches to child welfare differ dramatically from county to county.

“We may be tougher on drugs and take more children into custody for that while other counties aren’t as concerned about exposure to drugs,” she explained.

Either way, we clearly have an abundance of children here in need of permanent homes.

Over her 30 years of work at the Department of Human Services, Christman (who also retires on Friday) has learned to celebrate successes wherever she finds them and adoption day is a definite success.

“There are smiles all around,” she said.

“It’s a good day,” echoed Brownlee, who has one adopted child as does Hall.

“It’s a magical day for the parents,” Hall agreed. “And it’s invaluable for that child’s life.”

Opinions expressed in this column are those of Lois Henry, not The Bakersfield Californian. Her column appears Wednesdays and Sundays. Comment at people.bakersfield.com/home/Blog/noholdsbarred, call her at 395-7373 or e-mail lhenry@bakersfield.com

Adoption facts
You do not have to be married and own a home to adopt.

The county cannot discriminate against adoptive parents based on age, sex, marital status or housing.

You have to be healthy and able to support yourself and a child.

If you would like to become an adoptive parent you are required to first become a licensed foster parent, which entails a 11/2-hour orientation class followed by 27 hours of training (held evenings, mornings or weekends to accommodate various schedules) and you must be current on CPR training.

There is also an extensive criminal background check.

Please call 631-6600 or 631-6204 for more information or visit http://www.kcdhs.org and click through to its adoptions page.

Heart Gallery
In an effort to draw attention to older children awaiting adoption, Kern County participates in the Heart Gallery program where older children have photos and some information about themselves open to the public.
You can meet these children at http://www.heartgallerykc.com

Other ways to help
You can help make a holiday wish come true for a child in foster care by participating in the Holiday Cottage, which starts today.
The Cottage has wishes of children that community members can fill and return in time for Christmas.
This year, the Cottage will be at Brimhall Square, 9500 Brimhall Road, Suite 703.

Closing courts wrong approach

Sat, 14 Nov 2009 14:09:08 PST

I thought closing the courts one day a month to save money was a tremendously bad idea.

Then California Supreme Court Chief Justice Ronald George answered my call and made his case for the decision.

Hmmm. OK, he makes some good arguments. He is, after all, Chief Justice.

But nope, sorry, your honor. I still object.

Closing courts even one day a month absolutely interferes with us peon citizens’ right of access to our own justice system and that’s just not worth any amount of money it might save (an estimated $93 million for the full fiscal year, according to George.)

The closure decision becomes even more wrong when you follow the money and see that the Judicial Council, via its administrative arm, imaginatively called the Administrative Office of the Courts (AOC), moved a whole bunch of money ($171 million) that could have helped keep courts open into funds for other things — like a fancy new computer system that’s years in the making and already way over budget, according to a Sacramento Bee expose.

They’re also still paying for new courthouse construction. And oh yeah, and they had $86,000 in change laying around, so they decided to throw a three-day judicial wingding in San Francisco in June, according to the San Jose Mercury News.

Meanwhile, you better check the court schedule and block out half a day if you want fight that speeding ticket in traffic court. And good luck with any civil case you might have. Kern courts, like most others, have had to prioritize, and that means criminal cases and domestic violence orders come first.

“Those are being attended to,” Kern County Superior Court Judge David Lampe assured me.

Lampe and all other Kern County judges have also taken a voluntary pay cut, which most are donating to a local fund for local court functions rather than giving it back to the state because, yes, they’re that ticked off about what’s happening.

It’s not just that local courts are losing 10 days this fiscal year (which works out to two full work weeks). Judges are fed up with how the Judicial Council and AOC have taken more and more control over local courts and made decisions with little to no input from those affected.

Recent news about the AOC hasn’t eased those concerns.

The AOC was created by the Legislature about 10 years ago to handle costs — but not management — of California’s 58 individual trial court systems. Since then, it’s increased dramatically in size and scope. Shocking, I know.

The Mercury News reported that from 2004 through last year, the AOC’s budget nearly doubled to more than $220 million and has gone from 490 to 901 employees, a third of whom make at least $100,000 per year.

I’m no mathematician, but I bet you could save some serious dough trimming back the AOC ranks.

AOC supporters have countered that it had to grow because the state increased its oversight of local courts.

Not quite, according to Lampe, who helped create a new judges’ group, the Alliance of California Judges, dedicated to shining a brighter light on the Judicial Council and AOC.

The Alliance sent a letter to the Judicial Council in October, saying the AOC has sacrificed public court access in order to keep itself off the chopping block and that it has overstepped its bounds by trying to wrest control of local court management, which legally belongs to county judges.

As an aside, an AOC staffer actually slipped an amendment into the budget bill that would have totally done away with local control of courts. (It didn’t pass — the AOC later said the amendment was a “mistake.”) As a further aside, AOC is also talking about trying to take control of courthouse security in order to save money. That authority legally resides with each county sheriff, but the AOC will bring the issue to the Judicial Council at its January meeting. Sheriff Donny Youngblood and the Californian Sheriff’s Association are not pleased.

Lampe’s Alliance group is asking for a bill of rights for court employees and creation of an advisory group made up of trial court judges to oversee financial decisions. So far, the Judicial Council hasn’t responded; Lampe said their next step may be to go to the Legislature, which already called the AOC on the carpet during an Assembly oversight hearing Oct. 28.

In an attempt to damp anti-AOC sentiment, the chief justice said the closure decision was made by the Judicial Council, which he heads. “The AOC didn’t cook this up behind closed doors.” And, if anyone has a better alternative, he’s more than willing to listen.

“This was a Judicial Council decision that we made — reluctantly — after substantial input from local courts,” George told me.

When I asked if any Kern judges were involved, he couldn’t get that specific, saying the council has two committees, one made up of presiding judges and the other of court administrators, and he assumed both were consulted.

I asked whether the council had considered holding off funding the computer system. George said even if they hadn’t fully funded the computer project (which they did) they might still have needed to close courts because they were facing a $400 million shortfall.

Either way, he said, stopping midstream on the computer system would have been a terrible waste of tax dollars.

“You’d be throwing away the $450 million invested so far,” he said. “If you don’t keep it going you have to start from scratch.”

He praised the system, saying those who’ve tested it can’t say enough good about it and that even Homeland Security is interested.

As criticism mounted over the court closures earlier this fall, George was quoted as saying, “A lot of this is an effort to dismantle the statewide administration of justice because with the statewide administration of justice comes accountability.”

The comment chapped a lot of hides, particularly because the Judicial Council and AOC have been downright secretive about how, exactly, they spend our tax dollars.

I asked George if he stood by that statement and he said yes.

He realizes the Judicial Council and AOC can be more open with information and they’re willing to do so, he said, and he’s not impugning the debate over the closures. But they did consider other measures, such as massive layoffs or allowing locals to close dependency courts or domestic violence courts or cutting other services county by county.

“The irony is, the best way of preserving access for all was actually limiting the days court were open on a consistent statewide basis,” he said.

I respectfully disagree.

Courts closed
All California trial courts are mandated by the state Judicial Council to close on the third Wednesday of the month as a cost savings measure through the end of the fiscal year, June 30, 2010. Following is a list of those dates plus holidays when Kern’s courts will be closed.
2009
Nov. 18, mandated closure
Nov. 26 & 27, Thanksgiving
Dec. 16, mandated closure
Dec. 25, Christmas
2010
Jan. 1, New Years Day
Jan. 18, Martin Luther King, Jr. birthday
Jan. 20, mandated closure
Feb 12, Lincoln’s birthday
Feb. 15, Washington’s birthday
Feb. 17, mandated closure
March 27, mandated closure
March 31, Cesar Chavez birthday
April 21, mandated closure
May 19, mandated closure
May 31, Memorial Day
June 16, mandated closure
July 1 begins new fiscal year

Wars never end for veterans

Tue, 10 Nov 2009 17:14:00 PST

War never ends.

I don’t mean that in the literal sense (though that does seem to be the case these days).

As we thank our veterans today for their service, we need to remember that, for many, coping with the aftermath of war is a lifelong battle.

Ken Cannon has spent decades coming to grips with that after watching his brother, who he called a World War II hero, drink himself to death 30 years after his homecoming.

“I never cried so hard in my life as the day we buried him,” Cannon said of his older brother, James Myron Cannon. “I’ve always felt guilty that we didn’t save him.”

The elder Cannon came home an Army Captian with a chest full of medals, but he never talked about what he’d seen and done in North Africa, Italy and France.

“All he ever said was, ‘It was rough.’ That was it.”

James married, had children and held a steady job. But his drinking increased.

Ken, who served in the Air Force during the Korean War, said no one had ever heard of post-traumatic stress disorder (PTSD) back then and they didn’t understand that alcoholism is a key symptom.

The family watched helplessly as James sank further into despair, finally dying in a VA hospital in 1979, just 59 years old.

“It was the war that killed him,” Ken told me, emotion still clogging his voice. “And all these young guys coming back now...boy! We gotta make sure we get ’em the help they need.”

Cannon, like many of us, is shocked by the increasing suicide rates of recently returning troops from the Iraq and Afghanistan wars.

Stories started surfacing as early as 2004 about spikes in suicides among troops. Earlier this year, the Pentagon reported that for the first time in history, the rate of suicides among returning Army soldiers (20 deaths per 100,000 soldiers) outpaced civilian suicide rates.

I couldn’t find local numbers, but Chuck Bikakas with the county’s Veterans Services Department said he knew of two such cases.

“You hear rumors about much higher numbers,” he said.

The problem is so frightening the Army has put up $50 million to form a five-year partnership with the National Institute of Mental Health to find out why so many soldiers are killing themselves.

These days, there’s no question PTSD is real and serious. There’s a lot more education and awareness about the disorder and far less stigma, at least in the civilian world.

But for a warrior, admitting you have a problem can feel like admitting defeat.

Retired Gunnery Sgt. Wally Beville, 37, spent 17 years in the Marine Corps until he was medically retired for a heart condition in 2007. He was in the first Gulf War and was sent to Iraq in 2004 where he was a helicopter mechanic.

His job was to go in after a downed chopper and try to fix it or recover the bodies and blow up the aircraft. His team was often under fire as they worked.

“More often than not, it was someone I knew that was killed.”

Still, he never thought he had a problem. Instead, he drank.

Then this past January, he was drinking in his garage and had a flashback. Next thing he knew he was fighting with his oldest son and his two friends. He was arrested.

His wife found Frontline, a group affiliated with the National Association on Mental Illness here in town. Beville said it saved his life.

“I brought my pistol with me everywhere I went,” he said. “ I honestly felt naked without it. I don’t need to do that anymore.”

He said when people are put into wartime situations, certain chemicals are elevated in the brain to cope with the danger. That doesn’t change back on its own.

“When I understood that my reaction was normal, that it wasn’t my fault, it was an ‘Aha!’ moment for me. It put everything in perspective.”

Getting there was tough, though, especially considering the stigma of mental illness is still far worse in the military, he said.

“I wish everyone could get to the path I’m on without having to walk through all the crap and all the pain I went through,” Beville said. “It’s a strength to recognize you have a problem and ask for help.

“It’s not a weakness.”

GETTING HELP
• Kern County Veteran’s Services Department: 868-7300.

• Counselors at the new vet center (yet to be opened) are seeing people now: 868-7300.

• The National Aliance on Mental Illness holds a support group for families of veterans the first and third Tuesday of every month 6 to 7:30 p.m. at the Good Samaritan Hospital, southwest, 5101 White Lane. Contact Russ Sempell, 303-1416 russmft@aol.com or Patrice Maniaci, 333-5484 ksmmom@msn.com or 868-5061. www.frontlinenami.org

• Lacy Gomez with Central California Family Assistance, coordinates services for vets and their families: 978-7782 or lacy.gomez@ng.army.mi.

• Military One Source, (800) 342-9647 or www.militaryonesource.com arranges local counseling sessions for servicemembers and family at no cost.

Help for survivors of suicide
• A Suicide Survivor Support Group meets the third Tuesday of each moth from 6 to 8 p.m. at the Consumer Family Learning Center, 5121 Stockdale Highway (West Door). Call 661-868-1552 for information.

WASCO'S SACRIFICE STILL FELT BY MEMBERS OF THAT SMALL COMMUNITY

The farming town of Wasco was tiny back in the 1940s, 4,196 people.

But it made a huge contribution to the war effort, losing at least 23 sons in countries across the globe.

One of those sons only recently made it back to native ground.

After 64 years, the remains of Ray D. Packard were returned from France where his plane was shot down in 1944.

He was buried last October with full military honors at the National Cemetery in Prescott, Ariz.

His nephew, Ron, was his last surviving family member and accepted the flag at his service, according to news accounts.

Little Wasco has a big heart when it comes to one of their own.

Ray’s story touched several Wasco High grads, including Ken Cannon (Class of ‘46) who quickly jumped on the Internet to find out as much as he could about Packard (Class of ‘42). Cannon didn’t know him in school, but he remembered his name and felt the full story of Packard’s service needed to be told.

Second Lt. Ray Packard was a pilot in the Army Air Force when he was sent on a mission with 21 other P-38 Lightning fighters to attack enemy airfields in France on Aug. 25, 1944.

They were intercepted by more than 80 German fighters. During the dogfight, 11 P-38’s, including Packard’s, were shot down.

Five of the pilots escaped, two were taken as prisoners and of the four men who were missing in action, three were recovered. Only Packard remained unaccounted for.

In 1951, a U.S. Army Graves Registration Command Team investigated but only found small pieces of aircraft wreckage.

Then in 2006 and 2007, a Joint POW/MIA Accounting Command traveled to Angy, France, and after two excavations found human remains and other evidence, including Packard’s dog tags.

His remains were brought home and laid to rest Oct. 22, 2008.

“On this Veterans Day, keep this account of one service person’s heroic and agonizing story in your thoughts as well as all of the other service personnel serving now or in the past,” Cannon wrote in a tribute to the former Wasco High alum. “Freedom comes at a price.”

— Lois Henry

Read a few of the letters home from Capt. James Cannon to his family.

Pet adoption day in Tehachapi Nov. 21

Tue, 10 Nov 2009 15:34:07 PST

The Humane Society and others in Tehachapi do a great job of rescuing animals and getting them new homes.

I got a nice note about the need for people to consider older dogs when adoption and thought I'd share:

The next adoption day will be Saturday, Nov. 21 from 1 to 4 p.m. at the Radio Shack at 1121 W. Valley Blvd. You can preview the pets by going to http://www.petfinder.com, scroll down the left side of the page to where it says "Find animal welfare groups" and type in Have-A-Heart Humane Society, then when the new page comes up, click on "adoptable pets."

You can also call the human society at: 661-823-7649 or 661-557-7876 (cell)

The weather should still be nice making it a fun day to just be in the mountains, even better would be coming home with a new four-legged friend!

Now here's the lovely story of the joy of older pets:

I, (Chelley Kitzmiller) my husband Ted and my daughter Gina, have devoted our lives and our businesses (Radio Shack and Books & Crannines) to rescuing and finding new homes for pets.

Some pets are easily adopted, like the purebred Pug, Bojangles, who got adopted within 10 minutesat adoption day. But other dogs and cats, usually the not so adorable, the iffy mix breeds, the elderly and the pets with medical problems are often overlooked.

Little Opal was one of those “other” dogs. She and her sidekick, Arnie were found wandering the streets when animal control picked them up and took them to the Mojave Shelter. Both dogs are Chihuahuas, which is the first strike against them because the shelters are overflowing with Chihuahuas.

Both dogs are overweight. Both are old, Arnie is approximately 10 old and Opal is around 12. Both had such bad teeth their breath was enough to send people fleeing in panic.

What these two little dogs did have going for them was that they were very sweet, loving and happy to please.

Nevertheless, the shelter said they would have to be put down unless someone rescued them. Julie Suggs, our local animal control officer, paid me an unexpected visit and told me about the porky pair and asked me if I could rescue them.

A deep breath, a sigh and a groan was followed by a yes. So, I picked them up, took them to the vet and had their teeth cleaned. Opal ended up toothless and Arnie lost 9 rotten teeth. A few days later Opal got sick, so back to the vet for blood work and X-rays.

The diagnosis was that little Opal had a serious infection and a large bladder stone.

But little Opal rallied and improved every day. It seems the teeth cleaning and all the bacteria in her mouth had caused her illness. But of course there was still the bladder stone.

Even though her prognosis for a healthy but not terribly long life (maybe 4-5 years) was good if she stayed on prescription dog food, I figured no one would adopt my little darling.

Still, I faithfully took her to adoption day.

People thought she was adorable but when they learned her age, they passed her by.

And then a miracle happened this last Saturday, Nov. 11, 2009. A nice retired lady and her husband came in and the lady said she’d seen Opal at the last adoption day and couldn’t stop thinking about her. “I want to adopt her,” she said.

I told her Opal’s medical history and she still wanted to adopt her. So my little darling went to her new home where she will be the only dog and where she’ll be doted on for the rest of her life.

This is why all of us in pet rescue do what we do. .

Please, this holiday season, when giving is on your mind, think about the animals—think about becoming a pet foster. Yes, it’s a hard job and sometimes a heartbreaking job, but the joys and rewards are pretty amazing.

There are a lot more little Opal’s out there and plenty of highly adoptable pets as well who need one caring person to help them. That person can be you. And if you absolutely can’t foster, dip into your pocket and fill those donation boxes around town or write your favorite pet rescue a check.

And when it’s time to do your will or living trust, remember the animals you’ve had in your life and the joy they brought you and leave something to the animals.

Now, it’s little Arnie’s turn to find his new forever home.

Happy Holidays,

ABOUT ARNIE:
Arnie is a quiet, reserved little gentleman (purebred Chihuahua) weighing in at about 10 years old.

The only time Arnie gets really excited is when you take him for a walk. He loves it and since he has a pound or two to lose, Arnie needs someone who will take him for a daily stroll.

Arnie gets along with other dogs, cats but not chickens. He’s real curious about chickens and tends to lick his lips.

Arnie has been neutered, is up to date on shots and is microchipped. He is looking for a retired couple to lavish affection on him as he is a bit of an introvert.

Call Have-a-Heart Humane Society at 661-823-7649 or 661-557-7876 (cell)

Indian casino OK with me

Sat, 07 Nov 2009 18:34:09 PST

Oh yes, if the Tejon Indian tribe gains federal recognition, Kern County will likely have an Indian gaming casino in its future. Probably somewhere near Mettler, close to Interstate 5.

And I’m fine with that.

I’m not a gambler, but other people enjoy it and as long as it’s legal, who am I to stand in their way?

As for arguments that Indian casinos don’t play by the same rules as other gaming houses in California, that people aren’t protected by the same liability rules, safety regulations and other laws when they’re in those casinos, I say, yup, caveat emptor, my friend.

Things are different in Mexico, Canada and other countries all over the world.

People who harp about how Indian casinos get special treatment because they’re not subject to the same taxation as other businesses sound like they’re talking through a big old mouth of sour grapes to me.

Native Americans weren’t exactly dealt a fair hand back in the day. We (and by that I mean the U.S. government — not you or I personally, so calm down) took their land, killed their people and gave them smallpox in return.

As a small, “’scuse our genocide” token, the federal government created the reservation system, which gave recognized tribes sovereign rights.

Well, they found a way to use those rights to their benefit. Ahhh! The American way!

But back to the Tejon tribe. If you’ve never heard of them, don’t feel bad.

The Chumash and Yokuts seem to have gotten more notice over the years.
But the Tejon tribe has always been here, according to Jim Appodaca, vice chairman of the tribe.

There are more than 200 registered members, many of whom still live in the area. They have regular meetings and four major events a year, he said.

A couple of their members are trained as archeologists and regularly called to check construction sites for Native American habitation. The tribe is also in the process of contacting a linguist to help bring back their language, as the Tubatulabal in the Kern River Valley did several years ago.

Documentation on the Tejon tribe is extensive. The federal government knew about them, set aside lands for them, helped build a church and school on those lands and even sent representatives to check on them after the 1952 earthquake.

The reservation, which was mostly uninhabitable hillsides, was dissolved in the 1960s. Then when the government decided to list all recognized tribes in the 1970s, the Tejon were left off.

“We had always had a government-to-government relationship,” Appodaca said. “Then it just stopped. Our contention is we were recognized but were left off the list through an administrative error.”

(In the interest of full disclosure, Appodaca works for The Californian in new business development, but I did not know about his connection to the tribe until I started making calls looking for a tribal spokesperson. Small world, huh?)

He and his aunt, Kathy Morgan, chairwoman of the tribe, have been working for federal recognition going on 15 years or more, he said.

At the end of September, they met with the undersecretary of the Department of the Interior and showed they had jumped through all the hoops to prove their bloodlines. He was supposed to get back to them in 30 days, which was up on Nov. 1.

Appodaca sighed when I asked what their next move was. That will likely involve lawyers.

Speaking of lawyers, the tribe has some good ones through Patton Boggs, a Washington, D.C., lobbying firm specializing in indian recognition issues.

They were hired in 2008 and since have been paid nearly $300,000 on the tribe’s behalf. Appodaca acknowledged they have a “financial backer” who’s helping them, but he declined to tell me who that was. He wouldn’t even say how the tribe hooked up with this backer.

Clearly, the backer is betting on a casino.

“It’s really a crap shoot for him, though,” Appodaca said, noting the ongoing struggle for recognition.

If they gain recognition, the tribe will consider a number of economic development methods, including a casino, he said.

The primary goal is to create funding so they can take care of older tribal members and provide for the education of the children. A casino would be the fastest, most effective way to do that.

I spoke with Supervisor Don Maben, who said a casino wouldn’t be a good fit for Kern. He cited law enforcement issues and the arguments I listed already.

Casinos may not be subject to direct taxation, but they bring money in other ways — such as jobs, tourism and other contributions to the community.

Seems to me Indian casino would be a much better fit than prisons and sludge dumps.

PG&E SmartMeter problems, how to get involved!

Fri, 06 Nov 2009 13:48:26 PST

I may have had this info before, but have been asked for it again so here goes:

After State Sen. Dean Florez', hearing in Bakersfield Oct. 5 regarding problems with PG&E's SmartMeters and rate hike, a local group was formed to try and deal with this issue.

TURNaroundBakersfield is a local chapter of the state utility watchdog group called TURN (The Utility Reform Network) based in San Francisco.

The local group hopes to keep pressure on PG&E as well as the Public Utilities Commission (PUC) to correct billing problems and get some independent verification of the SmartMeters' accuracy.

The locals are also circulating a petition with a laundry list of demands to the PUC and Legislature including an investigation of the SmartMeter program.

For more information contact Liz Keogh at (661) 872-1898 or elizkeo@aol.com.

After Florez held a similar hearing in Fresno, a local group there was also formed.

For more information on the Fresno group, contact Marin Cantu (559) 224-1935 or mifamiliacantu@yahoo.com.

Need help finding Tejon indians!

Fri, 06 Nov 2009 09:59:03 PST

Anyone out there know how I can reach any members or leaders of Tejon Indian Tribe?

PG&E sued over SmartMeters

Thu, 05 Nov 2009 16:48:55 PST

A lawsuit was filed this week in Kern County on behalf of everyone in California who believes they’ve been ripped off by PG&E’s SmartMeter program.

The suit, filed by El Segundo firm Kirtland & Packard, is seeking class action status and lists eleven charges against the utility.

Among other things, PG&E is accused of knowingly installing meters that overcharge for actual electricity use, lying about the meters’ accuracy and the overall program’s benefit to consumers, ignoring customers’ complaints and misrepresenting rate hikes tied to the SmartMeter program to both consumers and the Public Utilities Commission.

State Senator Dean Florez, who held a hearing on the issue in Bakersfield and Fresno, agreed.

“PG&E’s case to the PUC for smart meters was so shot with bias against consumers that it doesn’t surprise me that PG&E is being taken to court,” he said, though he felt PUC commissioners are to blame as well.

Bakersfield was ground zero for the SmartMeter program, with more than 250,000 new meters installed in starting in 2007. By early 2008, reports began bubbling up about soaring bills.

Then in March of this year, a steep rate hike went into effect and by summer some local residents saw their bills go into the stratosphere with 200 percent to 400 percent increases over the same months for the previous year and no apparent increase in usage.

Complaints flooded in and more than 200 people came Florez’ hearing to vent and try to find answers.

Florez followed up with several demands to PG&E and the PUC, which were answered in lukewarm fashion.

The lawsuit references the hearing and notes that even then, PG&E representatives didn’t take action.

“PG&E has refused to acknowledge to (customers) that there is even a problem, so a lawsuit may be the only way to get at the truth here,” attorney Michael Kelly said in an email statement.

PG&E maintains its SmartMeters aren’t the problem.

“PG&E stands behind its SmartMeter program,” said Denny Boyles, the utility’s local spokesman. “The allegations in the lawsuit are untrue and have no merit.”

One of the demands sent by Florez was for an independent party to test meter accuracy, which the PUC and PG&E have both agreed to.

IF YOU WANT TO JOIN THE SUIT

Kirtland and Packard would still like to hear from other PG&E customers having problems with the SmartMeters.
You can access their investigation form here
Or call them at (209) 795-0271
Or email Heather Peterson at HMP@KirtlandPackard.com

And you can read the lawsuit here

Cool Christmas gift AND helping dogs a perfect combo!

Thu, 05 Nov 2009 14:37:49 PST

Avoid the rush, buy yours NOW!!! (get two, they're small)

A new device that can help sort out your mutt’s breed, or breeds, can also help other pups in need.

The Tehachapi Radio Shack on West Valley Boulevard, is selling Doggie DNA kits to help Rainbow Rescue, a non-profit organization dedicated to saving animals in the Tehachapi, California City, Mojave, Boron and Edwards areas.

Rainbow Rescue has rescued and rehomed hundreds of puppies, stray, abandoned and surrendered dogs over the last decade.

The DNA kit is $10, of which 100 percent goes to Rainbow Rescue.

Swab your dog’s cheek and send it to the manufacturer along with $49.95 for processing and in two weeks they will send your dog’s full breed composition (up to 5 levels). The information can help you understand the unique personality traits of your dog, warn you about the dog’s predisposition to disease and genetic health concerns.

You can purchase the kits at the Tehachapi Radio shack, 1121 W. Valley Blvd., Ste. A, Tehachapi, CA 93561 (corner of Tucker Road and Valley Blvd.) or you can send a check made out to Rainbow Rescue/Radio Shack to the same address for however many kits you would like.

Chelley Kitzmiller, who owns the Radio Shack dealership and volunteers for Rainbow Rescue, will then send the manufacturer your address and they will send the kits.

Agency needs to stock up on credibility

Tue, 03 Nov 2009 18:30:07 PST

A bad reputation is hard to shake.

The Department of Fish and Game is finding that out, particularly in the Kern River Valley, as it shops around its environmental review documents on stocking the river with fish.

The department was sued in 2006 by the Pacific Rivers Council and Center for Biological Diversity because it had never done an EIR on how fish stocking affects native species.

A Sacramento Superior Court judge agreed with the plaintiffs and ordered Fish and Game to do an EIR by Dec. 30, 2008.

The department couldn’t meet the deadline (that was Strike One to a lot of Kern River Valley folks) and asked for an extension, which they got, but at a price.

All stocking of fish in water that held certain “species of concern,” as outlined by the plaintiffs, had to stop.

Yup, you guessed it, one of those species of concern was wriggling around in the waters of the Kern River — the hard head minnow.

So stocking in the Kern ended a year ago this month.

“There was no notice, nothing,” Donna James, who with her husband runs Camp James on the Kern River near Kernville, said. Almost overnight, she said, fishing dried up — and then so did her business.

Some businesses in the Kern River Valley saw as much as a 40 percent decline, said Jim Hunt, former president of the Friends of the Hatchery, the Kern River hatchery that farms the rainbow trout Fish and Game uses to stock the river.

Strike Two for Fish and Game — and this was the biggie — came in April when residents like Hunt believe the department welshed on a promise to ask the plaintiffs if they could resume stocking, based on studies showing the rainbow trout has no impact on the hard head minnow.

They had done so with three other bodies of water (and were turned down on all three) but not the Kern.

Fish and Game’s spokesman on this issue, James Starr, said the director decided not to ask for relief on the Kern as the hard head minnow’s status would be explored in the EIR.

Without approval of that document, Starr said, they feared it could open them to legal action.

Umm, I’m not sure how the action gets any more “legal” than it already is.

Maybe the Kern would have been turned down as well, Hunt allows.

But at least residents would have felt Fish and Game had honored a commitment and gone to bat for the community. Hunt resigned his post as president of Friends of the Hatchery in protest.

“We’re past that now. It’s spilt milk,” said Starr, who insisted Fish and Game has been forced to play defense by the environmental groups and had every decision forced on them.

“Right now, we need people to focus on the EIR.”

OK. But the EIR isn’t exactly helping.

Under Alternative 2, Fish and Game’s preferred alternative, it very clearly says the Kern River would not be stocked.

Starr told me you can’t take that sentence out of context. He said the full alternative says the department will operate under current guidelines but will add a mitigation measure, which is a kind of stock/no stock checklist.

Under that checklist one of the questions is whether the stocked fish harm any species of concern. In the hard head minnow’s case, the answer is no, according to the EIR. So, bing, bang, boom, it’s good to go.

Hunt heard the same explanation at several public meetings and isn’t convinced.

“They haven’t been forthright in doing what they said they would do in the past, so it’s hard for anyone in this community to have any confidence.”

While the spotlight has so far been on the hard head minnow, even greater difficulties could be posed by another species of concern: the Little Kern golden trout.

Typically found in the river and its tributaries above Johnsondale Bridge, this guy has been on the protected list for decades and stocking in its range ceased many years ago.

So Fish and Game’s EIR gives it only passing mention.

That may not be good enough for the plaintiffs, according to Chris Frissell, conservation director for Pacific Rivers Council.

“The native trout is our biggest concern,” he told me.
Information is all over the place. Some say there are no true Little Kern left; others say the Little Kern’s population has increased so much that they’re expanding into the stock trout territory. Exactly what’s happening with the Little Kern?

“Will this document tell us that?” Frissell asked.

An initial reading of the EIR shows “uneven coverage,” Frissell said. “We don’t think they’ve considered the full sweep of concerns.”

Uh-oh.

Comments are accepted until Nov. 16 on the state portion of the EIR and Nov. 30 on the federal portion. It all goes back to the judge Jan. 10, 2010. The judge could OK it, the plaintiffs could sue or it could get shipped back to Fish and Game for revisions.

Either way, Kern River Valley businesses will likely watch their business head for better fishing elsewhere, Hunt said.

Incidentally, Fish and Game was asked twice to do the EIR and gave zero response before the groups sued.

“We’re not anti-fishing,” Frissell said. “Most of our members are anglers.”

Had Fish and Game been forthcoming with the information, Frissell said: “We probably wouldn’t have filed the lawsuit at all.”

Hmmm. Government operating in a transparent, responsive manner. We could all stock up on that.

HOW TO COMMENT

Go to the California Department of Fish and Game’s website to read the EIR on its fish stocking program.
http://www.dfg.ca.gov/news/pubnotice/hatchery

You can email comments to:
dfghatcheryeir@dfg.ca.gov

Or mail comments to:
James Starr
DFG
Fisheries Branch
830 S Street
Sacramento, CA 95811

Supervisors continue the concrete plant issue

Tue, 03 Nov 2009 16:35:40 PST

Oh brother.

Check out County Govt. Reporter James Burger's blog on how the Board of Supervisors ducked making a hard decision on whether to allow a concrete crushing plant to be plopped right next to houses.

Hey, I wish the guy could just go ahead with his business too. We need the jobs and his land is zoned heavy industrial.

But moronic planning decisions of the past and recent past have not put homes within 500 feet of this proposed noisy, dusty operation. Not to mention, the roads already can't handle the traffic out there. Ten extra truck trips a day are 10 too many.

Supervisors just couldn't do it, though. So the issue is coming back in several months.

Perhaps a magical solution will present itself. But since one hasn't popped up over the last half year, I highly doubt it.

Another CARB board member doesn't like what I have to say

Mon, 02 Nov 2009 12:33:01 PST

John Balmes, who serves on the California Air Resources Board, didn't like my Oct. 21 column about how the board needs to do some serious clean up after it was revealed one of their lead researchers had lied about his degree.

Oh, and the report this researcher put out was relied on by the board to create strict diesel emissions rules that may very well cripple California's trucking and construction industries.

Anyhoo, I interviewed Balmes for that column.

Here's his reply, which we ran in our op ed pages on Sunday, Nov. 1.

Lois Henry’s Oct. 21 column, “State air board can’t ignore credibility problems,” is another attempt to change the conversation about the reason the California Air Resources Board is working to cut diesel emissions: public health.

Residents of Bakersfield endure some of the nation’s worst air quality while asthma levels are on the rise, particularly in children. Fine particulate matter that can be breathed deep into the lungs is widely recognized by the scientific community to be a cause of asthma exacerbations, hospitalization for heart and lung problems, and even premature death.

Diesel particulate matter, or soot, is the most pervasive toxic air contaminant in California and is considered particularly hazardous because truck drivers and railroad workers exposed on the job have been shown to have increased risk of lung cancer and heart disease.

CARB has already adopted regulations to clean up trash trucks, transit buses, cargo-handling equipment, port trucks, harbor craft and ship engines, as well as diesel fuel itself. Isn’t it time that diesel trucks and construction equipment do their fair share to clean the air as well?

To ease the cost of compliance for smaller firms, the board rule gave companies subject to the off-road diesel equipment rules an extended deadline to meet the standards, and recently changed the rule to give even more time for all companies to comply.

Any attempt to regulate a compound as widespread in our economy as diesel soot must be based on clear and convincing scientific evidence that it is a health threat. It should come as no surprise that the science continues to be debated, or that advocacy organizations will continue to try to discredit or support the studies that the board relied on in making the finding that diesel emissions constitute a toxic health threat.

Research on the relationship between airborne particles (like diesel soot) and health effects has been going on for many years and will no doubt continue as scientists attempt to understand and refine the exact nature and degree of the problem.

The report that Henry criticizes is a compilation and evaluation of current research reported in the scientific literature. It was subjected to a rigorous independent scientific peer review prior to its release. After CARB management was made aware of the fact that a career employee who played a key role in preparing that report had falsely claimed to have completed his Ph.D. from an accredited university, CARB asked the same group of 10 external experts to reconsider their prior comments in light of this employee’s bad judgment. All nine that responded confirmed their original comments on the report. (The employee was also subject to a disciplinary proceeding.)

We support continued debate based on real science and data and believe it can only strengthen our program. Based on the record we have reviewed, we believe that the evidence supports the urgency of reducing public exposure to diesel soot (as do many public agencies and health organizations worldwide), and we continue to support reasonable, technically feasible regulations as well as financial incentives to do so.

John R. Balmes, M.D., has served on the California Air Resources Board since 2007 as an expert on the impacts of air pollution on public health, and is professor of medicine at UC San Francisco and professor of environmental health sciences at UC Berkeley.

Sins of the past plaguing us again

Sat, 31 Oct 2009 13:36:46 PDT

A little planning nightmare coming before the Board of Supervisors on Tuesday should serve as a cautionary tale for anyone who works in planning, is a politician, a developer, a business owner of any kind, a homeowner, or simply wants a home in a neighborhood they like.

This one, relatively small issue neatly encapsulates our biggest problem — not thinking ahead.

We’ve done a poor job of that over the years (in the city and county) with some pretty necessary items. Roads and sewers come to mind, but also compatibility.

The problem supervisors face on Tuesday is they either have to tell hundreds of residents in northwest Bakersfield to suck it up and deal with a noisy, dust-belching concrete crushing and recycling plant plopped in their midst.

Or, they have tell the guy proposing the plant that stupid planning decisions over the last 30 years mean you can’t trust zoning laws in this community and that, essentially, he’s gonna get hosed.

The County Planning Commission, in my view, really passed the buck on this in August when it approved a two-year conditional use permit for the plant. Neither side is happy with that decision; both are appealing it to Supervisors.

A two-year permit is not an answer.

For the business owner, Mark Polhamus, it means he has to do just as much work (more given all the conditions on the permit) to open his business, but won’t know whether he can continue after two years. What bank is going to front him a loan on that basis? What businesses will want to contract with him if he might not be around in two years?

For residents concerned about traffic, possibly toxic dust and noise, it would mean two years of frustration and uncertainty about the safety and value of their neighborhoods.

I would also point out that the intersection nearest the proposed plant, Hageman Road and Santa Fe Way, with the Burlington Northern Santa Fe railroad tracks thrown in just for fun, is already a major problem. It’s level of service is an F now and a major underpass is being planned there. Adding 10 extra truck trips a day is just foolhardy.

I don’t blame Polhamus for this situation. Nor do I blame the neighbors.

In fact, I give a loud, prolonged raspberry to Planning Commissioners Leticia Perez and Chris Babcock for lecturing residents when this came up at their July meeting, telling them they should have done their homework and seen what the zoning was before moving to that area.

PUH-leeze!

The land in question was zoned heavy industrial in 1982.

Homes on the west were approved (by the county) and built in the 1990s, homes on the east were approved (by the city) and built in 2005, the same year Polhamus bought his land.

And they were approved right next to the heavy industrial without a thought to creating a buffer section of light industrial or enhancing roads or anything.

Talk about not doing your homework. Maybe someone in say, the city or county planning departments, on the city or county planning commissions or the a member of the City Council or Board of Supervisors could have stuck a hand up and said, “Hey, looks like we’re approving another mess here, guys.”

This same thing has happened in other areas of town so it’s a train wreck that easily could have been avoided here.

“This definitely shows the weakness in our process,” Supervisor Mike Maggard told me. “We step into a set of facts, make a decision and step out again.”

Same with the City Council.

The General Plan, of course, is supposed to give planners a more comprehensive view.

But again, people go to the separate bodies for plan amendments (hardly any are refused, by the way), neither side really informs the other and away we go.

“We’re better than we were 10 years ago,” Maggard said. “Hopefully we’ll get it right with the new General Plan update.”

I ain’t holding my breath.

In the meantime, Supervisors should deny the conditional use permit and work with Polhamus to find a more suitable location. Traffic alone is enough for a denial. They should also take staff’s advice (which was also given to, but ignored by. the Planning Commission) and down zone the land so these problems don’t crop up again.

Relying on 30-year-old zoning without acknowledging the reality on the ground is a cop-out, frankly. And this temporary “solution” benefits no one. It only pushes the problem into the future.

We’ve done that long enough.

Fight for the Kern River begins

Tue, 27 Oct 2009 19:36:59 PDT

SACRAMENTO — The best thing about the state water hearing on whether there’s unclaimed water in the Kern River that we might be able to use for an actual river is that it’s over.

I swear, I don’t know which is worse — deadly dull water law or the lawyers who wallow in it.

Anyway, besides me, there were only two other “civilians” attending the State Water Resources Control Board Kern River hearing held Monday and Tuesday.

The others were hearty Bakersfield couple Doug Worley and Cathy Barnes sporting matching “Bakersfield: A riverbed runs through it” T-shirts.

“We came up to support Bakersfield having a river,” Worley said. “Half the town should have come up for this.”

They followed every arcane twist and complex turn in the hearing, cheering on Bakersfield’s attorney, Colin Pearce, as he dueled with no fewer than five attorneys from the opposition who represented four powerhouse ag districts and the city of Shafter.

For a little background, the city petitioned the state board to find there is unclaimed water in the Kern after a 2007 court ruling held that Kern Delta Water District had forfeited some of its rights to the river. The city wants that water, possibly as much as 50,000 acre-feet a year, to run down the river.

The opposition (North Kern Water Storage District, Buena Vista Water Storage District, Kern Water Bank Authority, Kern County Water Agency and Shafter) want the board to find there is no unclaimed water.

It’s the same “nothing to see here, move along” attitude that has long governed use of the Kern.

It’s interesting to note that initially all those districts and Shafter had also asked the board to find there was excess water on the river and each also petitioned to have it given to them. They changed tactics for some reason, however, and joined forces to oppose the city and try to dissuade the board from even considering the issue.

Despite their best efforts, the state board granted the hearing in near-record time. This first phase is only to determine if there is water available.

Board member Arthur Baggett, Jr., who acted as the hearing officer, told me he expects to make his recommendation to the full board before the end of the year. If the board finds there is unappropriated water, that’s when the real fighting starts.

“Then everyone gets a shot at it,” Baggett, a silver-haired Mariposa lawyer who looks more like a Wyatt Earp stand in complete with black boots and vest, told me.

But don’t hold your breath. Baggett also told me the board just issued the final water right last week on the Santa Ana River, a similar case which came to them 11 years ago.

Ugh.

After watching this week’s hearing, though, I can’t help but have some hope. Because if this was the opposition’s “shock-and-awe” campaign, it was shockingly unawesome.

Their case that the forfeiture didn’t create excess water rests on the idea that the other rights-holders on the river can and have absorbed that water.

After a long series of questions for former city Water Resources Manager Gene Bogart about how he tracked which district got how much water from the Kern on a daily basis, Buena Vista’s attorney Gene McMurtrey smirked triumphantly.

“So, essentially, there's always been a cap, hasn’t there? And the river has always operated the same way,” he said.

His point was that Kern Delta’s forfeiture didn’t create any new water because so many other “buckets” are waiting to be filled down the line.

Interesting theory.

Except those other bucket holders don’t have a right to that water — it’s not theirs. Their rights don’t expand just because Kern Delta’s contracted.

As for the river still operating the same after the 2007 judgment, yes, that’s because the city is waiting for the state board to determine what should be done with that water. Duh!

Either way, it’s in the state board’s hands now.

The really curious thing is why all these districts have closed ranks on this issue.

The water in question is so-called “first point” water. There are only three first point rights-holders including North Kern, Kern Delta and Bakersfield. So if the state board finds some of that water is unclaimed, there’s a strong legal precedent for keeping it in the first-point family rather than letting it go down the river to “second point” or “lower river” rights holders.

You don’t think those districts and Shafter have agreed among themselves to push back on the state in order to dummy up and take the excess water without entitlement, do you?

That would be so, so wrong!

If you think things can’t get that cloak and dagger on the Kern, you’d be wrong. Bogart himself spent four years working in a windowless room with no phone built specifically for him and his precious Kern River flow and diversion records when he worked for Tenneco, before the city bought out its rights, and the city was suing for information contained in those records.

“Don’t talk to anyone,” were his marching orders back then. Apparently some in the water world would like to keep it that way.

These are Lois Henry’s opinions and not necessarily those of The Californian.

How much development is enough?

Sat, 24 Oct 2009 13:00:53 PDT

Almost every time I write about development, I get asked why more subdivisions are being approved when we’re awash in excess housing already.

And that excess includes not just houses that are built. We have a huge backlog of approved housing that has yet to break ground.

How much consideration does “inventory” play in the decision-making process? How much weight should it have?

Acute property rights activists would say that’s none of a public official’s concern. If it’s properly zoned and he’s paid all his fees, a landowner should be able to develop however he wants.

According to that line of thinking, it’s the market that should dictate whether homes are needed. Shrewd developers win and others suck eggs. Either way, it’s capitalism in action.

Indeed, several elected officials I spoke with had that same mindset.

“Approving development isn’t harmful,” said City Councilwoman Jacquie Sullivan. “Because developers won’t build until the timing is right.

“They wouldn’t be that foolish.”

Hmm.

As of September, we had more than 1,200 existing homes on the market; half of those were “distressed sales.”

City tentative tract maps showed 35,400 lots approved but not built and the county has about 4,000 approved-but-not-built lots in the metro area.

That’s down from a high of 89,000 because a number of developments (some really big ones) went belly up.

“It’s silly to build more,” said Gordon Nipp, who represents the Kern-Kaweah chapter of the Sierra Club and is a regular critic of Kern County’s and Bakersfield’s growth decisions.

“All of us who own a house, we all have a stake in this, because when they build too many houses, that lowers the value of existing homes.”
Interestingly, property rights activists are mum on that side of the development sword.

“I don’t think government needs to limit and dictate and control everything,” County Supervisor Mike Maggard told me.

OK, but the act of approving a development is, by its nature, a form of control. So, really, we’re talking about degrees.

Maggard saw my line of thinking and quickly got in front of it, saying he agreed that government has a responsibility to make sure development is orderly, but having a set inventory number is akin to a growth boundary — and he isn’t in favor of that.

He likes the idea of development zones as proposed in the General Plan update. Under that scenario, you could develop further out, but you’d have to pay more.

City Councilman David Couch and I had a long rambling, somewhat esoteric talk about whether housing inventory should be a factor in development decisions.

“What’s your criteria? Approved and vested? Approved only? Zoning only? Do you include types of housing? Location? What if a developer is in financial trouble? Do we still count those lots even though he may be upside down? What if someone isn’t planning to build for 5 years? Ten? Twenty?” he mused.

It’s not just an issue for the free market, he said. But formulas that try and establish a “how much is enough” level are like alchemy.

The Local Agency Formation Commission tried years ago and failed, he said.

Then he told me my questions are never as simple as they seem.

Both City Councilwoman Sue Benham and Supervisor Don Maben said straight up that, yes, housing inventory should be a part of the equation.

“If it’s all up to the developer, why even go through the (review) process?” Maben asked.
Benham agreed.

“Looking at inventory is one of the many things maybe we could have done differently to prevent things spiraling so high and falling so hard,” she said of the real estate collapse.

Support for some kind of inventory control came from, ironically, a local developer, Bruce Freeman, CEO of Castle & Cooke.

“I think it’s a fair question,” he said.

Instead of a blanket formula, though, he advocated that planning staff, commissioners and electeds look at each neighborhood, the type of housing being proposed and whether it is contiguous with existing development (which he strongly urged).

“It has to be case by case,” he told me.

But ultimately, elected officials respond to constituents and, so far, the Bakersfield community has been relatively silent on what we want, where we want it and what kind of development we want.

So, how much is enough?

You tell me.

GENERAL PLAN UPDATE MEETING

Kern County planning staff will present an update to the board Monday evening on the current state of the pending update to the Metropolitan Bakersfield General Plan.

Supervisors will discuss some of the more controversial concepts in the plan — including tiers of restricted development on the edge of the city. The public is encouraged to attend and share their thoughts.

General Plan update documents can be viewed at
http://www.bakersfieldcity.us/mbgp/index.html

The meeting will be held at 6 p.m. Monday in the Board of Supervisor's chambers at 1115 Truxtun Avenue.