Monday, May 5, 2014

Wild & Scenic With The Law

The Calaveras –Amador Mokelumne River Authority, a Joint Powers Agreement signed by Calaveras County states: “To preserve the use of Mokelumne River Water for consumers in Amador and Calaveras Counties” and “To preserve and protect water reserved to Amador and Calaveras Counties…” Did the Calaveras County Board of Supervisors violate the spirit of the law or the law itself in their endorsement of the Wild & Scenic designation for the Mokelumne River? Or is the law just a means to persecute those who disagree with you in the manner of Lois Lerner at the IRS and others in power today?


Judging from my experience at the State Senate Natural Resources and Water Committee hearing this past Tuesday the law is merely a script for the charade that passes as democracy. Distortions, half truths and outright lies, such as the priority of water rights on the Mokelumne River, were presented as fact by the pro Wild & Scenic advocates. Our elected and appointed officials were humiliated. As a citizen and activist I was totally disgusted, but not surprised.


There are rumors of unethical dealings by the Foothill Conservancy with land holders along the Mokelumne River. There will probably be more about this in the local media as the tragic story unfolds. Based upon my personal experience with the Foothill Conservancy since the early 1990’s I find this quite believable.


The environmentalists are the robber barons of today. It is not unexpected that Goldman Sachs CEO Hank Paulson (remember him from the infamous bail outs?) also chairs the board of The Nature Conservancy. Goldman Sachs also has agreements with the Rainforest Action Network, Rainforest Alliance, World Resources Institute and Friends of the Earth. They also believe in the total fraud of human caused greenhouse gas global warming. Whose interests do groups like the Foothill Conservancy really serve?


In present day Pitkin County, Colorado (http://www.youtube.com/watch?v=joQzpWC-gCo) local residents, including the fire chief, confronted the Forest Service about road closures. These closures prevented them from stopping fires that would engulf their town. That confrontation bears an eerie familiarity to a scene in film considered to have a very different political label, John Sayles “Matewan”. In this story about a 1920 West Virginia coal miner’s strike, the mayor and sheriff attempt to exercise their legitimate authority over the coal company thugs and are shot.


What has changed in these almost hundred years? Labels persist with only historic meanings while the power relationships remain unchanged. Back then the “left wing” opposed back room rule and its enforcement. Today the left is in power and the “right wing” opposes back room rule and its enforcement.


I prefer to keep it simple: I believe in transparent government, freedom and our founding documents.

Copyright 2014, Mark L. Bennett

Friday, April 25, 2014

Wild & Scenic California Politics

 I don’t make suggestions that I don’t follow. So after sending in my prior commentary I tried to email Loni Hancock and others on the State Senate Committee on Natural Resources and Water and was not allowed by some of them. This is the message I received in the original red: Address is not in District. Please contact your District Representative. Apparently even I am naïve about the shredding of our democracy. The lights are out in the city on a hill. I cannot email a State Senator who is sponsoring a bill detrimental to my future and that of the county I love.

So I wrote via snail mail every Senator on the committee who would not accept emails from non district residents and said the following: “I am an Amador County resident and I am against designating any part of the Mokelumne River as Wild & Scenic including SB 1199. This designation will restrict property rights, negatively affect local businesses and prevent future gold mining, hydroelectric development or other uses. Also this state designation can lead to the even more restrictive Federal designation. It will probably even require water discharges in drought years to maintain the river’s so-called wild designation.

While this is vital issue for myself and my county, I am prevented from emailing you directly because I do not live in your district. Email is the most common place, affordable and convenient means of contact. Not allowing those directly affected by the actions of the Committee on Natural Resources and Water to email you is an affront to democratic process that I find offensive. Undoubtedly, there are reasons, or rationales, for this policy. Probably limiting the volume of emails and a process by which my senator contacts your office are among them. But are these, and probably others, sufficient to preclude email access and its negative effect upon citizen democracy?”

The following State Senators on the Natural Resources and Water Committee did accept emails from me: Anthony Cannella (R), Noreen Evans (D), Ricardo Lara (D) and Bill Monning (D).


Mark Bennett

Wednesday, April 23, 2014

Wild & Scenic Amador Politics

Not long after moving here, I became aware that local politics was the biggest intramural sport in the County. This year is no exception. Dropped near my doorstep was some campaign literature from Michael Spence. While this is all to the good, and door-to-door campaigning - the well spring of democracy - there was one problem. I live in a different Supervisorial district.

Sadly, there have been reports of campaign sign vandalism. If the vandals think that they are attacking just a candidate, and are not attacking free democratic expression, may God have mercy on their souls, for I have none.

One of our most polarizing issues is SB 1199 recently introduced into the State Senate by Senator Loni Hancock, who represents Oakland and Berkeley. This bill would designate part of the Mokelumne River here in Amador County as "Wild and Scenic". This state designation can lead to the even more stringent Federal designation. The river is only white water wild because of presently required discharges of dam impounded water. Therefore, the designation itself is inherently dishonest.

This designation will restrict property rights, negatively affect local businesses and prevent future gold mining, hydroelectric development or other uses. It will probably even require water discharges in drought years to maintain the river’s so-called "wild" designation. Will the white water rafters have greater rights than farmers and households? If the poor have no water to drink, will the environmental Marie Antoinettes say: "Let them drink soda?"

The easiest way to voice your objection is to go to the email form on the State Senators’ websites which can be quickly found from the California State Senate home page. You can simply state: “I am an Amador (or Calaveras) County resident. and I am against designating any part of the Mokelumne River as "Wild & Scenic.”

Please send an email to the bill’s sponsor, Loni Hancock, and to our State Senator, Tom Berryhill, and to all the members of the Senate Committee on Natural Resources and Water which is now considering this bill. They are: Senator Fran Pavley (Chair), Senator Anthony Cannella (Vice Chair), Senator Noreen Evans, Senator Jean Fuller, Senator Ben Hueso, Senator Hannah-Beth Jackson, Senator Ricardo Lara, Senator Bill Monning, and Senator Lois Wolk. Their email forms, phone numbers and mailing addresses are available on the State Senate website. You may also want to contact our State Assembly Member Frank Bigelow.

Mark Bennett

Thursday, April 17, 2014

Board of Supervisors Discuss Wild & Scenic River Designation

On April 15, 2014 the Amador County Board of Supervisors held a public hearing on the pending state legislation designating a portion of the Mokelumne River as Wild & Scenic. I made the following statement:

“I oppose both the state and Federal Wild & Scenic designations for the Mokelumne River and urge everyone here to also oppose these designations. Those supporting this designation claim economic benefits from tourism without any substantiating information or appropriately detailed analysis of the local tourism industry. I find this position to be absolute baloney, and totally incredulous when compared with gold mining, hydroelectric power generation and myriad other uses. Precluding other uses for future generations is an act of selfishness.

An article entitled “Who Controls the Mokelumne River” on the Foothill Conservancy website some time ago stated that 11 government entities regulate the Mokelumne. While I know this is “pie in the sky”, at present, I advocate reducing this number of entities. Just like the Sierra Nevada Conservancy which commissions studies rather than build fire breaks, we have far too many people pushing paper and not enough building things. Along with our infrastructure our factories are aging. So I also oppose these designations both as restrictive regulation and as a mis-allocation of resources and capital.

Related to this issue is the release of impounded water for weekend white water rafters. I first became aware of white water rafting as a child watching a newsreel at the local movie theater. It presented this activity as an obscure, dare devil sport. Later, I witnessed the white water rafter/ river control battles during my years in Colorado. My personal observation is that the environmental lobby created the contemporary white water rafting industry. It was, so to speak, a self-fulfilling or self-serving prophecy.  On Amador Community Television many years ago I shared this observation with a Foothill Conservancy luminary, and he refused to answer.”

The polarized participants created an intense hearing and admittedly, my opinion contributed. Many were accused of lying. Civil servants doing their essential job were referred to as predatory water agencies. The Foothill Conservancy’s contention that the state designation wouldn’t lead to a Federal designation is apparently unfounded. Clearly, the market for tax free revenue bonds is probably the best it’s ever been, and the Devil’s Nose Dam is more feasible than ever. One person stated that the change in part of Highway 16 from State highway to urban street, which will negatively affect Amador commuters, was caused by uncontrolled development interests. But the opposite is true. The project originated with uncontrolled environmental government requiring an infill project to abrogate market forces. I reviewed the public transit portion of this project in a professional capacity. The work was so abysmal that I felt ashamed to have a degree in planning.


The most impassioned exchange occurred when Supervisor Brain Oneto asked Katherine Evatt, president of the Foothill Conservancy, to produce the petition she claims to have with about a thousand signatures supporting the Wild & Scenic Designation. While I wonder how a secret petition can be a petition at all, she refused. When asked, she replied that Supervisor Oneto had, in the past, called and harassed petition signers. This is a very serious accusation. I wonder what her evidence is?

Thursday, April 3, 2014

Fairness and Net Metering for Solar

What follows is a copy of a letter I just sent to State Senator Tom Berryhill and Assembly Member Frank Bigelow:

Of all the issues surrounding solar energy, including some unfortunate scandals, net metering for small producers is probably the most contentious presently. The California Legislature and the California Public Utilities Commission seem engaged in a turf war over regulatory powers. Currently small rooftop producers such as myself in PG&E territory are paid about four cents per kilowatt as spot market producers. But since small business or residential producers cannot sell to anyone else, we are not spot market participants. And while many special treatment environmental proposals abound, the fairest and the one endorsed by conservative economists is receiving the wholesale price for electricity. Assuming that wholesale is half of retail, my rooftop installation would earn me three times as much money as it does now. Multiplying that by all the similar rooftop solar equals a significant amount of money and an unknown amount of PG&E’s revenue.

It appears that all the various subsidies that make small solar installations feasible for homeowners are flowing through indirect means from the taxpayer to PG&E’s bottom line. Having them pay the fair wholesale price and ending subsidies seems like a sensible solution for both the small solar producer and the taxpayer. While some may argue that the subsidies were necessary to jump start the industry, that’s irrelevant now. Subsidies should end, and not surprisingly, they have bred an inefficient industry. The median installation cost of 49 cents per kilowatt in the US compares with 18 cents per kilowatt in Germany. The American solar industry is beginning to make changes and can become vastly more efficient. Also needing to be become efficient and modernized, and essential for national security, is the now underway rethinking of the grid caused in part by the impact of many new small and intermittent producers.


Hardly needing to be repeated, PG&E has a powerful lobby in Sacramento. But I am asking you to take on this issue because of fairness (perhaps crony capitalism?) and because of what I believe is widespread public support as witnessed by the coalition in Georgia between the tea parties and the Sierra Club.

Tuesday, March 25, 2014

Unintended Consequences or Something More?

Recently I visited some friends in the Bay Area who were overjoyed that they were finally able to sell an inherited lot in Bolinas. The wife’s parents’ generosity had become a nightmare since in the years between purchase and inheritance, the environmentalists made sure that the residential lots’ development rights were stripped away. They were left with the obligation to pay property taxes and little else. However, the owner of an adjoining property offered to buy it at a bargain price and they took his deal. With the two properties joined he has the right to build a second home on his property.

So what could have been an owner occupied home is now a rental only dwelling. Was this just an unintended consequence of the environmental taking/inverse condemnation, Agenda 21 style zoning like our proposed General Plan, to get people squeezed into the high density areas? Or is it part of a larger picture?

The decline of home ownership and the increase in renting, due in part to syndicates of buyers representing the very wealthy or foreign governments now owning our single family residences, was noted in my “Is this happening?” on 12/2/13. Also noted in that commentary was the decline in initial public offering offerings (IPO’s) of new stock usually for new companies. The situation has now  deteriorated to the extent that the incorrectly named Wilshire 5000 Total Market Index now contains just 3,666 companies as compared to 7,562 in 1998. An index of new American manufacturing orders declined this past January to 51.2 from 64.4, the largest decline since 1980.

The crony capitalism with sweetheart deals between the mega corporations and Federal regulatory agencies continues. Judge Rakoff challenged this and demanded a trial with a finding of guilt or innocence in a case involving Citibank as I discussed in Beneath the Radar on 7/8/13. The appeals court ruled against the judge. Those in power are consolidating their power. Perhaps this is following the ideas I discussed in Religious Freedom - Obama’s Script, Trotsky & Lenin in 2012. America seems to be dissolving before our eyes.

In the upcoming June election many advocates for freedom, such as Igor Birman in the congressional district just north of us, are running in the primaries. Here in Amador County two county supervisors are being challenged by candidates with dubious positions, at best, on many issues. Attend the candidate forums and ask direct questions.


Copyright 2014, Mark L. Bennett

Monday, March 10, 2014

Our General Plan’s Housing Element

On 2/27/14 the stakeholder’s group for our General Plan’s Housing Element had an open to the public update meeting. What follows is an expanded and slightly revised version of the remarks I made at that meeting. It was preliminary to public hearings in April. I urge everyone to read the relevant documents and to attend the upcoming hearings.

I have read the entire housing plan and will share my observations as both an Amador County resident and a professional planner. When I was in planning school they emphasized that plans should be comprehensive. This one certainly is with what seems like a page for every dwelling unit in the county. And while it doesn’t qualify as a specific plan it is also, as stated in the introduction, detailed. This detail includes statements such as “…households made up of older residents may require smaller homes than families with children” on page H-9 and “…people with lower incomes are also more likely to live in apartments or other multifamily options” on page H-18. Wasting tax revenue to restate the obvious represents the costly growth of government and is one reason that development doesn’t seem to pay for itself. The plan documents fees such as the land development fee of $2,010 to $2,792 to California Fish and Wildlife for a negative declaration to their ever expanding mandates. Yet the plan’s solution is more of the same: increased government coupled with a reduction of government revenues through subsidy programs and creating a redevelopment agency. The traditional planning concept of zoning abundant land for all possible future demand and housing types, which some current critics call over-zoning, is not even considered.

Instead we have, in reality, a social policy plan with many statements that illustrate the writers’ agenda. On page H-2 the plan considers the goal of  “…provision of services in proximity to residents…” This is a bias statement in favor of the town centers and similar concepts that ignores the effect of individual travel patterns, especially longer commutes, upon shopping and other service provision decisions. On page H-59 the plan states, “The intent of local government regulations is… to ensure a decent quality of life for the community.” Note that this is for “the community”, not the individual. And while it probably means things like preventing housing development next to chemical factories, it is a vague statement that can mean many other things. For some,  it can mean church attendance while, for others it can mean “freedom” from nativity scenes, and removing “In God We Trust” from our currency.

Page H-82 states, under programs, “Reduce community opposition to high density affordable housing…” Since when is the role of democratic government to influence public opinion rather than to implement public opinion? “…investigate the feasibility of establishing a County-owned industrial complex, if such a complex is consistent with identified target industries,” on page H-94. So our county is to now develop and own industrial land and decides who locates there, based on the criteria of omnipotent “planners” to employ the existing (frozen?) low income population. Don’t people improve their situation and also move in and out of the county? Page H-95 states, “Identify land available for commercial and industrial development.” I feel absolutely confident that our local realtors would work zealously for commercial and industrial clients without any government imperative. Apparently the plan writers don’t agree. Does the free market exist for them? Do I dare use the s word? Is this socialism?

The plan proposes, and not surprisingly for a planners’ plan, new powers for the planning department. They would oversee code enforcement and public transit among other things. Often the text attempts to rhetorically justify their agenda by various techniques such as word order and juxtaposition of data. Using data from the federal Department of Housing and Urban Development’s Comprehensive Housing Affordability Strategy (CHAS) page H-16 states, “…385 (nearly 40 percent) of large family households in Amador County live in housing that lacks complete bathroom or kitchen facilities, is considered overcrowded, or costs more than 30 percent of the family’s monthly income.” This sounds petty gruesome on first reading. The text laments “incomplete” bathroom or kitchen facilities, but does not define them. Is having a shower stall, but not a bathtub, a so-called ¾ bathroom, a severe deprivation? They do, however, define overcrowding as more than one person per room. So a perfectly comfortable, but modest two bedroom dwelling unit with an open space kitchen/dining/living room is overcrowded for a family of four. Are they just promoting their agenda for a legislated and subsidized standard of living? How many people are really in such dire circumstances that substantial new government intervention is justified? And if there are an unfortunate few, why isn’t the existing social welfare sufficiently helping them? Do we want to become a welfare county attracting new dependent residents?

They denigrate the free choice of “overpaying” for the security and freedom of owning one’s own home. How much of our housing costs are the direct result of California regulations and restrictive land use policies? What power does the County have over interest rates and other issues decided in Washington? They also denigrate the free choice of commuting with their intellectual concept of the jobs/housing balance. Seemingly ignored is the reality of residential location made by the compromises within a two paycheck household. But they want to increase housing costs with the additional burden of design review. Related to this is their assumption of the town centers with transit oriented development from the yet unapproved general plan. In Europe people live in towns and farm the land around them. But in America people live on the land they farm. This fundamental difference is why many of our ancestors left Europe and represents the difference between freedom and collectivism.

If someone lives in means tested low income housing they often become trapped there. Rarely does someone go from poor to middle class overnight. They move upward in small steps. If an increase in income cancels one’s housing benefit the bottom line usually dictates maintaining their lower earned income. (I recently spoke with my accountant and heard about numerous people afraid of making a little bit more money and losing a certain means tested benefit). I oppose building a lower income ghetto in Martell. Wasn’t that parcel bought by the county for future office consolation and not for housing? Martell should remain a commercial area and not become our disastrous equivalent of Marin City in Marin County.

The best solution for housing lower income residents is increasing their income through economic expansion. The housing element discusses the need for more farm worker housing. Why not grow grapes on trellises, as they do in Australia, and use far less labor? The trellises would be made in factories by people at a higher skill level making more money than farm workers. We are a traditional wood products area. We also have billions of dollars worth of gold in Amador County. Yet this plan, on page H-85, proposes housing right on top of the Mother Lode between Sutter Creek and Amador City. Why is this area not zoned as a mineral resource area?

The unnecessary controversy over the Newman Ridge project endangers the survival of our freight rail line, essential for both economic stability and air quality. What amazes me most about this planning process is that those who claim to be the most concerned about the ill housed are often those same people opposing the projects that lift people’s incomes above the poverty level. Is this just ironic or something more sinister?


Copyright 2014, Mark L. Bennett