Humboldt Sentinel

Vice Mayor questions whether Mainstreet can feed on General Fund teet

By Charles Douglas
Humboldt Sentinel

The Eureka Chamber of Commerce will continue to be subsidized by the City of Eureka — but not necessarily so for Eureka Mainstreet.

In another in a long line of split decisions with Second Ward Councilmember Linda Atkins casting the lone ‘no,’ the City Council passed on a 4-1 vote the approximately $135,000 subsidy for the Greater Eureka Chamber of Commerce. Third Ward Councilmember Mike Newman, who made the prevailing motion, was the chair of the CoC when he ran for office in 2010.

The amount is equivalent to 7.5% of the transient occupancy tax charged on hotel room bills in Eureka — a standard level of funding, according to CoC executive director Jay Hockaday.

“Our primary function is to attract and engage visitors from our of the area and convince them to stay that one day longer,” he said.

Jeff Lamoree of the Sequoia Park Zoo Foundation also spoke up for the Chamber’s work, but Atkins remained unconvinced due to conflict of interest concerns.

“I won’t be able to support this because of the political nature of the Chamber of Commerce, and I don’t believe public money should be used to support their programs,” she said.

When it came to the concept of subsidizing Eureka Mainstreet directly out of the General Fund, the Council sang a different tune — led once more by Vice Mayor and Fourth Ward Councilmember Melinda Ciarabellini, who cast the deciding vote to kill the Waterfront Drive extension project last month.

She said it made sense to fund the tourism and business improvement program for Old Town and Downtown out of Redevelopment funds; but with the state-mandated dissolution of the agency earlier this year, Ciarabellini suggested increasing the Mainstreet assessment on businesses within its district as a more appropriate funding source.

“Without Redevelopment funding, this program is now competing for General Fund dollars, and we have to pay for essential services,” she said. “I don’t think we should in our discussions just assume that we’re going to assume the full cost.”

Eureka Mainstreet sought the same $90,600 from the General Fund as used to be provided by the former Eureka Redevelopment Agency, which covers about 60% of their operating budget. While the Council technically voted 5-0 to allow their request to enter the 2012-13 budget cycle, the motion by Ciarabellini and Fifth Ward Councilmember Lance Madsen mandated that city staff and Mainstreet explore other funding sources such as grants and a hike in the Business Improvement District assessment. They also requested that Mainstreet executive director Charlotte McDonald submit a detailed budget for the program, which she promptly agreed to do.

“I think this is the finest program that we have ever had,” Eureka Mainstreet president Barbara Maxon said. “This would be a terrible thing that this would not be able to continue.”

First Ward Councilmember Marian Brady took exception to any attempt to restrict city funding to McDonald, who’s “almost doing five jobs,” and said Mainstreet was always on top of problems in Old Town.

“What’s going into the General Fund is millions of dollars in transient occupancy taxes…it’s kind of disingenuous to say we’re just taking it out of the General Fund,” Brady said.

Atkins retorted by recalling the days before the Measure O sales tax hike passed when the Council was cutting basic services.

“$90,000 is a huge amount of money when you don’t have any,” she said just before the vote.

CISPA decried by civil libertarians and White House for lacking limits on info sharing

By Charles Douglas
Humboldt Sentinel

After beating back threats to online privacy late last year such as SOPA and PIPA, Internet activists were appalled by a sudden vote in the House of Representatives to adopt the Cyber Intelligence Sharing and Protection Act.

Passed on a 248-168 vote, CISPA — which amends the National Security Act to subject the private communications of every American to sharing with the military and the National Security Agency — sailed through the House with the support of 42 Democrats, including Congressman Mike Thompson (Dem. – St. Helena), who also co-sponsored HR 3523. Their vote ignored the signatures of over 1 million Americans rapidly collected by the American Civil Liberties Union, Avaaz.org, Demand Progress, the Electronic Frontier Foundation and Free Press.

“CISPA is a dangerous piece of legislation and it’s worrisome that the House has passed such an overreaching bill,” Free Press Action Fund policy director Matt Wood stated. “The bill still lacks effective oversight and accountability for companies and government agencies collecting massive amounts of our personal data.”

President Barack Obama has already threatened to veto the bill due to its treatment of domestic cybersecurity as an intelligence matter and its lack of safeguards on personally identifying information. CISPA now heads to the United States Senate, where its companion legislation, S.2105, is spearheaded by Senator Joseph Lieberman (Ind. – Connecticut) and Susan Collins (Rep. – Maine).

“It would curtail Internet openness and freedom by stripping away crucial privacy protections, and without providing any guarantee of protection for critical infrastructure,” Woods went on to state. “If the Senate chooses to move forward with cybersecurity legislation, we urge senators to make the changes necessary to protect civil liberties and Internet freedom.”

The Washington-based Constitution Project was more blunt with its criticisms, characterizing CISPA as enabling the use of information completely unrelated to security concerns. A constellation of business interests are backing the bill, including AT&T, Facebook, IBM, Intel, Oracle, Verizon and corporate lobby groups like the United States Chamber of Commerce and the National Defense Industrial Association — leading Republican Presidential candidate Ron Paul to call CISPA “an alarming form of corporatism, as it further intertwines government with companies…”

“It permits them to hand over your private communications to government officials without a warrant, circumventing well-established federal laws like the Wiretap Act and the Electronic Communications Privacy Act,” Rep. Paul went on to say. “It also grants them broad immunity from lawsuits for doing so, leaving you without recourse for invasions of privacy.  Simply put, CISPA encourages some of our most successful internet companies to act as government spies, sowing distrust of social media and chilling communication in one segment of the world economy where America still leads.”

The Electronic Frontier Foundation of San Francisco claimed CISPA would lead to the censorship of any speech presumed to degrade a network, not to mention provide private corporations and the feds with a powerful weapon to target whistleblowers.

“It is a long-held American value that the military doesn’t operate on U.S. soil against Americans, and allowing the NSA and [Department of Defense] to collect information on average Americans turns that value on its head,” ACLU legislative counsel Michelle Richardson stated. “All domestic programs must be run by civilian agencies. And finally, CISPA offers few limitations on what can be done with the information that the government ultimately collects.”

Thompson, the North Coast’s representative in the House for nearly 14 years, is running for Congress in the new 5th District, which stretches from southern Lake County to Vallejo and the northern tip of Contra Costa County. He has raised over $38,000 from proponents of CISPA in this election cycle, including $6,000 from Comcast. His office declined to comment on his support for CISPA, which he co-sponsored on Nov. 30 of last year.

The Senate version of CISPA is also co-sponsored by Senator Dianne Feinstein of California.

How long Humboldt County’s top administrator will stick around is anyone’s guess

By Skippy Massey
Humboldt Sentinel

Chosen as one of 11 semi-finalists from a pool of 80 applicants vying to be the next city manager of Florida’s Key West, Humboldt County Administrative Officer Phillip Smith-Hanes has decided to opt out of the running by withdrawing his name for the city’s top municipal position, according to the Florida Keys Keynoter on Saturday.

Current Key West City Manager Jim Scholl, who earns $180,000 annually, is leaving after five years.

Phillip Smith-Hanes notified Key West’s search consultant in an April 21 e-mail that he would no longer be continuing in the application process for the city’s top municipal position.  He was the second semi-finalist withdrawing from applying for the city manager position after the field narrowed down to the final 11 candidates for selection.

“After our conversation on Tuesday, conversations with other managers, additional research into the community, and review of the background materials, I have decided not to pursue the opportunity in Key West at this time. I am withdrawing from the process….” Smith-Hanes wrote.

Mr. Smith-Hanes earned his Bachelor of Science degree from Kansas State University, a law degree from Washburn University Law School and a Master’s degree in Public Administration from the University of Kansas.  Following 13 years of experience in local government in both cities and counties of two states, he was appointed County Administrative Officer for Humboldt County in 2009.  Prior to that, Mr. Smith-Hanes served two years as Assistant County Administrative Officer.

The salary level for the Humboldt CAO is $14,083 monthly, or approximately $169,000 per year.

Regarded for his meticulous and thorough knowledge of County government and his calm and well prepared demeanor, Mr. Smith-Hanes has handled a myriad of complex issues and problems as Humboldt County’s CAO during the past two and a half years.

Mr. Smith-Hanes’ potential departure for positions elsewhere could represent a significant loss of both institutional experience and administrative guidance for the Humboldt County Board of Supervisors as they face continual challenges regarding land use, the General Plan Update, litigation and budgetary woes. The retirement of Jimmy Smith, the longest-serving Supervisor, along with the strong campaigns being waged against incumbents Clif Clendenen and Mark Lovelace, might also result in a new set of bosses for Smith-Hanes come 2013.

One arrest and little else to do for over a dozen cops

By Gabriele Fellows
Humboldt Sentinel

Clouds of smoke, whimsical drumbeats and the echo of playful laughter was absent this year at Redwood Park in Arcata.

In years past, the 4/20 celebration has regularly taken place in this spot. The annual celebration usually draws large crowds to the grassy knoll tucked between the trees in the Arcata Community Forest. But this year, the party was a bust.

“When it was sunny, there was like…the whole field was people, and they had like little barbeque pits,” one local woman said. “That was nice.”

A few people hung out underneath the trees, and some parents brought their children to play, but there was no one to pass the bowl to.

Despite the minimal stoner turnout, police officers were on hand, ready to make arrests if a crime was committed.

“Oppression” was one man’s reply when asked about the police presence.

The City of Arcata issued a press release four days prior informing the community that agencies would be increasing their enforcement of laws governing the park — especially pertaining to the ban on smoking.

Arcata Police Chief Tom Chapman stated that previous gatherings had damaged the park, and that they intended to protect citizens and public property this year.

Although the turnout was skimpy at best, a minor was arrested for smoking pot just after 4:20 p.m. For this lone arrest, multiple agencies deployed over a dozen officers, along with roadblocks, traffic signs and even a mobile command center.

The Critical Incident Response Vehicle cost $370,000. The vehicle is to be used for public safety during natural disasters, emergencies and critical incidents — how the events at Redwood Park could be classified as a critical incident remain unclear (Chapman refused to answer questions from Sentinel).

Willow Creek timberlands subdivision approved by Planning Commission

By Gabriele Fellows
Humboldt Sentinel

The Planning Commission “chopped” one parcel into two Thursday night at their regular monthly permits meeting.

The board cast  a 4-1 vote on Apr. 5 in favor of subdividing a 640-acre timberland parcel owned by the McLean Survivors’ Trust.

Located in the Willow Creek area, the two new parcels are surrounded by U.S. Forest Service timberlands, specifically fast growing Douglas-fir trees.

Commissioner Denver Nelson probed the applicants’ representative as to why the Forest Service wasn’t considered a potential buyer.

“The funding is not secure,” explained Chris Carroll.

Nelson also wanted to know why they were separating the land into two 320-acre parcels. Carroll claimed that it would be easier to sell the second parcel this way and that they “hope the new owner uses the second property for timber harvests.”

Helping prepare the groundwork to pass the land into new hands, proceeds from the sale would be put back into the McLean Trust. The McLean Trust is operated by the Fortuna-based McLean Foundation which donates money to projects of a humanitarian nature.

The zoning of the current parcel is Timber Production Zone. Under this zoning classification, trees can be harvested and one residential unit can be built for the caretaker of the land.

The Planning Commission waived the requirement that the property owner undertake a site suitability study to determine whether each parcel could sustain a dwelling. Vice Chair Ralph Faust was concerned that whomever bought the new parcel would use it solely for residential purposes.

The property is surrounded by a vast amount of trees and cannot be easily accessed by the outside world. The main road that winds up through the area is owned by the US Forest Service and is not maintained by the county. If the road snows over during a heavy blizzard or floods due to rain, property owners would be responsible for fixing their own road.

Faust was skeptical about the idea of the subdivision; using the example of characters in the story of Humpty Dumpty, he stressed that once it’s subdivided it won’t “come back together again.” He did not want future liability created for the county and cast the only dissenting vote.

In other business, the commission made a decision regarding ‘tie’ votes. In the event of future meetings with an odd number of absent Commissioners where votes might become deadlocked, the matter will be automatically forwarded to the Board of Supervisors.

The next meeting of the Planning Commission is scheduled for April 19 at 6 p.m. at the County Courthouse. An introduction to the Environmental Impact Report on the General Plan Draft will take place and the public is invited to make comments.