Humboldt Sentinel

Eureka Police Department K9 Assists Following Foot Chase

Staff Report
Humboldt Sentinel

On May 11, 2012, at approximately Midnight, Officers from the Arcata Police Department were dispatched to the Healthsport facility at 300 Community Park Way, on the report of a burglary alarm sounding. 

The responding Officers checked the facility and located an unsecured door.  Additional Officers helped secure the exterior of the building and the interior was checked. 

A person could be heard inside.  An Arcata Police K9 Officer was not on duty and the Eureka Police Department was contacted to assist.

Before the EPD K9 Officer could arrive, a male was seen fleeing the rear of the building.  Officers chased him.  Following a short foot pursuit, 39 year old James Burke of Galt California was detained.

The building was searched with the EPD K9 Officer and no other suspects were located.  The investigation into the incident discovered that a theft was attempted in the business.  Interior video security camera images were reviewed and Burke was determined to be the suspect in that attempted theft.

Burke was arrested for Burglary and Probation Violation.  He was booked into the Humboldt County Correctional Facility and held in custody.

Links between Burke and other burglaries in the Arcata area are unknown.  The Arcata Police Department was assisted in this incident by the Humboldt State University Police Department and the Eureka Police Department.

(Posted by Skippy Massey)

Third Sighting of Big Cats in Two Weeks 

Staff Report
Humboldt Sentinel

The Arcata Police Department was notified that a mountain lion had been seen in the area of Lower Fickle Hill Road and Hill Street on Thursday, May 3rd, at approximately 10:00pm.  Officers responded to the area, but were unable to locate the animal.  The mountain lion was last seen walking on a driveway into the forest.

This is the third incident of a mountain lion sighted in Arcata in the past two weeks.

Two prior sightings occurred in the area of West End Road and Spear Avenue on April 23.  Officers were unable to locate the animal on these occasions, as well.

In the previous incidents, Humboldt State University wildlife student Zack Yates notified police after he and friends saw a mountain lion cross the traffic circle at Spear Avenue and West End Road about 10:30 p.m. on April 23. The mountain lion was about the size of a golden retriever or a German shepherd and was carrying a black and white dog about the size of a Jack Russell terrier in its mouth, the Times-Standard news reported.

”It crossed the road right in front of us, stopped and dropped the dog,” Yates said, adding that it was on the side of the traffic circle closest to U.S. Highway 101. “There’s this metal fence that opened up to a big field. It just scaled the fence with the dog effortlessly.”

Speaking to Jessica Cejnar of the Times-Standard, HSU wildlife Professor Richard Golightly said the big cats have large home-ranges and while they do show up in local neighborhoods, it’s usually the young lions that have just left their mother that find their way close to people.  Golightly said these mountain lions often prey on raccoons which are attracted to trash bins and trash cans.

“Juvenile lions will show up if there’s an attraction, like a dumpster. If folks are feeding raccoons, it should be removed right away,” Golightly said.  If a mountain lion becomes a threat to people, dealing with the problem cat could include removing what it is attracted to or, in rare cases, having to kill it, he said.

Arcata police warn mountain lions may be attracted to pet foods left out– or the pets themselves.  They are also often attracted to domestic animals such as chickens and goats.

Arcata Police Officer Richard Bergstresser added that there are a number of sightings every year in the urban interface with the forest.  Many sightings occur near Redwood Park and the Arcata Community Forest.

The last mountain lion attack in Humboldt County occurred in 2007.  Fortuna residents Jim and Nell Hamm were hiking in Prairie Creek Redwoods State Park when a young lion jumped Jim Hamm from behind. Nell Hamm was able to fight the lion off by stabbing the big cat in the eye with a pen and hitting it on the snout with a branch, leaving her husband with serious injuries to his scalp, neck, face and hands and requiring his hospitalization for weeks.

Also known as cougars, panthers or pumas, mountain lions are tawny colored with black tipped ears and tail. Generally smaller than the jaguar, it is one of North America’s largest cats.  Powerful animals that normally prey upon large game such as deer, sheep and elk, mountain lions will also survive by preying on small animals as well.  Usually hunting alone at night and preferring to ambush their prey from behind, a generally secretive, elusive, and solitary nature causes mountain lions to be rarely seen by humans– even as an adult male’s home range can often span over 100 square miles. Females, however, generally use smaller areas of about 20 to 60 square miles. Their natural life span is approximately 12 years in the wild.

The Arcata Police Department is warning residents of these repeated sightings and asking citizens to notify police at #822-2428 if a mountain lion is seen near its populated areas.

(Posted by Skippy Massey)

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).

Increased bed tax might fund installation of facility near the Plaza

By Eric Black
Humboldt Sentinel

A public toilet could be coming to downtown Arcata in the near future. City staff is currently conducting a cost and logistic analysis for construction of the restroom.

At a city council meeting on March 24th, the council directed staff to perform the analysis for a number of locations, all within a block of the plaza. Rough estimates for toilet construction run between $100,000 and $125,000. The primary proposed location, 8th street between F and G, already hosts temporary ‘B and B’ toilets Saturday mornings during the Farmers’ Market season.

“We came to the conclusion that it’s for everyone,” said Arcata Vice Mayor Shane Brinton, who served on the public restroom subcommittee along with Council Member Susan Orenlas. “It needs to meet the needs of tourists in the downtown, visiting parents, and there will be homeless folks using it.”

The city council won’t vote on whether to go ahead with the project until it receives the report from city staff.

Jeffrey Dugan pulled over near Salt Lake City with 49 pounds of bud; Steele at home with 40 more

Staff Report
Humboldt Sentinel

Two Arcata cohabitants in different states were popped for industrial-scale cannabis distribution over the last few weeks.

On Feb. 2, the Utah Highway Patrol made a traffic stop in the Salt Lake City area and arrested 41-year-old Arcata resident Jeffrey Roland Dugan, who was accused of transporting 49 pounds of marijuana bud and two pounds of hash. The car he was driving was registered to 40-year-old Brian Wayne Steele, who lives with Dugan in Arcata.

When the Humboldt County Drug Task Force was notified by Utah law enforcement, they obtained a Humboldt County Superior Court search warrant on their residence, located on the 1400 block of West End Road in Arcata. Upon raiding the home yesterday at 12 p.m., the cops found Steele with 40 pounds of bud, two ounces of hash, 40 pounds of marijuana leaves, 19 growing plants approximately 4 feet high — as well as $33,780 in cash and the scales and paperwork consistent with drug sales.

Dugan and Steele were booked into county jail on felony charges of possession of marijuana for sale, with bail set at $75,000. A female suspect, Ashley Burkart, was issued a notice to appear in court on possession charges, but was not sent to jail so that she could care for her five-year-old daughter.

Members of the public with information for the Humboldt County Drug Task Force may call them at (707) 444-8095.

Lance Lorenzen allegedly ran operation out of Foster Avenue apartment

Staff Report
Humboldt Sentinel

In the latest in a string of pot busts in Arcata, an apartment running what police called a “concentrated cannabis ‘has’ manufacturing operation” was taken down yesterday.

According to Arcata Police Department sergeant Todd Dokweiler’s press statement, law enforcement had received information over the past month about the home in question, located on the 1600 block of Foster Avenue. After a lengthy investigation, APD obtained a search warrant.

Upon their arrival, the cops located about two-and-a-half pounds of hash and six-and-a-half pounds of processed bud. They arrested resident Lance Christian Lorenzen, 27, on charges of hash possession, marijuana possession and marijuana sales. He was booked into county jail without incident.

Members of the public who want to snitch out their neighbors in Arcata are asked to call APD at (707) 822-2428.

Sheriff’s probation search hits jackpot of pot, meth, coke. weapons and more

Staff Report
Humboldt Sentinel

Three Arcata men are in the local lockup after a probation search on one of them turned up pounds of pot.

At about 11 a.m. today, the Community Response Unit of the Humboldt County Sheriff’s Office descended on a house on the 200 block of Alder Grove Road in Arcata. The man on probation, 31-year-old Colin Baldridge, was at home, along with cohabitants Paul Cohen, 56, and Jimi Suma, 37.

Upon conducting their warrantless search, deputies found 171 growing marijuana plants and 200 pounds of processed marijuana bud, which they valuated (improbably) at $400,000. The cops also found a half gram of cocaine, one-and-a-half grams of methamphetamine and 451 grams of hash, which they (more probably) estimated to be worth $3,000. Packaging materials, scales, pay and owe sheets and over $3,000 in cash were all found, suggesting a drug sales business.

In the process of their search, HCSO personnel discovered that Baldridge had another home on the 2400 block of Eye Street in the Sunset neighborhood of Arcata. Upon arriving at the house, the cops found another 20 pounds of processed bud, again improbably estimated at $40,000. Three large garbage bags of pot leaves and two handguns were also discovered — with one of those guns reported stolen, according to a press statement by HCSO lieutenant Steve Knight.

Charges of being a felon in possession of a firearm, cultivation and possession for sale of pot, drug house and narcotics possession were all leveled on Baldridge; Suma was booked on an outstanding felony warrant for violating a probation issued by the Superior Court in Mendocino County; Cohen was popped for possession of meth. All three were transported to the Humboldt County Correctional Facility without incident.

Members of the public with information regarding this case or related criminal activity are encouraged to call the HCSO at (707) 445-7251 or their Crime Tip line at (707) 268-2539.

Wallace Egger popped in routine traffic stop on Valley West

Staff Report
Humboldt Sentinel

An Arcata Police Department traffic cop sent an alleged meth dealer in jail earlier this week.

At about 10:30 p.m. on Tuesday, the policeman observed an equipment violation on a vehicle traveling along the 5000 block of Valley West Boulevard. Upon contacting the driver, 46-year-old Arcata resident Wallace Egger, the cop discovered the driver had an expired license; he also noticed that Wallace was displaying symptoms consistent with being under the influence of methamphetamine.

“Upon further investigation the officer saw that Egger had a white powdery substance on his fingers,” sergeant Todd Dokweiler stated in a release.

Egger was then arrested for being under the influence of a controlled substance, and a search of his vehicle revealed nearly two ounces of meth along with scales and other items related to drug sales. He was further charged with possession of a controlled substance for sale, transportation of a controlled substance and driving while unlicensed.

Local contractors fill City Hall to condemn ‘anti-competitive’ proposal

By Charles Douglas
Humboldt Sentinel

Local union rep Sid Berg may have bitten off more than he could chew in trying to push a re-write of Arcata city policy to favor apprenticeship training run primarily by organized labor.

An overflow crowd in Council Chambers tonight held back little in expressing their anger at the potential loss of city public works contracts for local building firms, most of whom would not qualify under the draft regulations.

“This proposal will tip the scales heavily in favor of union contractors,” Humboldt Builders Exchange spokesperson Rob McBeth said. “It’s very discriminatory to small sole proprietor businesses…in this time of tight budgets and scarce resources, why would you want to reduce competition?”

A staff report by city manager Randy Mendosa essentially concurred with this analysis, stating that the proposed Project Labor Agreement would take local firms out of the process to bid on City construction contracts, opening the door to out-of-area companies large enough to maintain a cadre of union-approved apprentices.

Berg, the business representative for Plumbers and Steamfitters Local 290, took issue right off the bat with the tone of Mendosa’s report, claiming it wasn’t a union issue, but one of job training. He claimed to have taken 90% of the proposal from boilerplate language available on the California Division of Apprenticeship Standards’ website.

“The state’s broke, they don’t have the money for enforcement, that’s why very few contractors are using apprentices,” Berg said. “That’s why we’re bringing this to the city, for local enforcement.”

Under the proposal, 60% of the workforce on any City building contract would have to be graduates from a state certified apprenticeship program. Thing is, for a program to be state certified, it goes through a cumbersome process that critics claim to be discriminatory against non-union shops. That, and the prospect of Arcata adding another layer of bureaucratic oversight over contractors by burdening with new reporting requirements, effectively killed the idea.

“It’s not the city’s responsibility to get that stuff, it’s the responsibility of the contractor to notify the apprenticeship programs that they need people for their jobs,” city purchasing agent Harold Miller said. “We don’t want to get in between the contractor and the apprenticeship program.”

Heavy hitters from Mercer-Fraser, Wendt Construction, Danco Builders, Kernan Construction, and more turned out to hammer the same pro-local, anti-paperwork message home; they were even joined by Sue Long from the Fortuna City Council.

Les Charter of Arcata-based O & M Industries, which had the greatest turnout of the evening, summed up the feelings of many: “One of the things that makes Humboldt County unique is coming up with a small contractor, you learn how to do everything…if you mandate that workers have to go through a union-accredited or state-accredited union program, they can’t do more than one thing…I’m not anti-union but I’m pro-choice.”

Councilmember Shane Brinton, possibly due to participating via teleconference from a vacation in his girlfriend’s home state of New Mexico, was the only one apparently deaf to the public outcry, insisting that the Council move forward on the scheme.

He made no fewer than five motions, albeit as a disembodied voice through a black speaker box in front of his normal seat at the Council dais, attempting to direct a rehearing of Berg’s original proposal after some retooling. Brinton’s first motion, to form a committee with Berg, city staff and local builders to revise the policy language, was seconded by Mayor Michael Winkler, but failed 2-2, with Councilmembers Susan Ornelas and Alex Stillman opposed and Councilmember Mark Wheetley absent.

Brinton’s next few motions, all variations on the original, all failed for lack of a second, and the Council eventually moved forward 4-0 on a “feel good” statement which supported the training of apprentices to state and federal standards, while ditching Berg’s entire plan.

Still unknown whether incumbent Third District Supervisor will run again

By Charles Douglas
Humboldt Sentinel

With face-offs already guaranteed for the other two Humboldt County Supervisor seats up for grabs in 2012, the Third District will now be a political battleground as well.

Arcata environmental activist Mark Lovelace, who has yet to decide whether he’ll run for a second term after his landslide victory in June 2008, has an extra factor to consider — Bayside businesswoman Karen Brooks, who made public this week her intention to run for the job.

“This mom, this business woman, this concerned citizen has decided that we can do better for the people of Humboldt County and I’m standing up to make your voice heard,” she wrote on her Facebook wall yesterday. “If you live in Manila, Arcata, Blue Lake, Kneeland, Bayside, Freshwater, northern Eureka and all points in-between I would represent you with no nonsense, real world leadership. I have a vision to bring our future back to our children and grandchildren…stay tuned!”

Brooks previously ran for State Assembly on the Republican ballot line as the only alternative to incumbent Wes Chesbro on the November 2010 ballot, scoring just over 38% against the entrenched Arcata Democrat who previously served as 3rd District Supervisor, as well as an Arcata City Councilmember and a twice-elected State Senator for the North Coast.

Humboldt County’s other two Supervisorial seats will also be contended in the June 2012 election — with a November run-off if no candidate scores above 50%. Incumbent Jimmy Smith’s First District Supervisor seat will see retired schoolteacher Annette De Modena face former Eureka City Council candidate Rex Bohn, while Second District Supervisor Clif Clendenen will once again share the ballot with former KMUD news director Estelle Fennel. More candidates may step forward, as the filing period won’t close for several weeks.

While never having served in elected office, Brooks was the Marketing Director for the North Coast Co-Op, and also is an active member of the Humboldt Tea Party Patriots; she even wrote a guest opinion column entitled “Patriots and prejudice — irrational hatred of the Tea Party” for the Times-Standard earlier this year. She’s a Humboldt State University alumnus and an active equestrian.

Her first campaign event will be a Pancake Breakfast meet and greet at 8:30 a.m. on Saturday, Jan. 7 at the D Street Neighborhood Center, just south of Humboldt State University in Arcata. While the breakfast is free, Brooks is asking attendees to bring two cans of food per person to help the local food bank — and she’s also asking for people to bring their own dishware to make it a zero waste event.

Brooks characterized the event as part of a “listening tour” in a press release earlier today, and says she intends to sound out issues and concerns from local residents in order to find sustainable solutions. For more information on her campaign, e-mail Brooks at brooksforsupervisor@gmail.com.

Here’s an excerpt from Planet Humboldt (produced by the Sentinel) of Brooks delivering comments at the 9/11 Commemoration held in Fortuna earlier this year:

Great Wall of McKinley promised, along with more “uncomfortable” policing

Staff Report
Humboldt Sentinel

Arcata will not be a welcoming place to celebrate the birth of the year 2012.

This much was clear from a somewhat vague press release issued from City Hall this afternoon, where the Arcata Police Department will be encouraging a “safe and happy New Year” by cracking down on any display of excessive celebratory cheer in and around the Arcata Plaza.

Among the extraordinary measures, taken without any specific resolution of the City Council, is a gigantic cordon walling off the center of the Plaza, traditionally a point of public gathering, speechifying and protest for decades — especially pre-1990s when a dias of steps surrounded the statue of U.S. President William McKinley, now covered up by planter boxes installed for crowd control purposes. APD chief Tom Chapman promises that entry into the central area of the Plaza will be strictly prohibited and any who approach the statue of McKinley — a President widely condemned for launching an imperialist war which led to the deaths of over 200,000 Filipinos — will be subject to immediate arrest.

“The destruction that occurred on Halloween cannot be tolerated,” Chapman stated, referring to an unruly crowd of Humboldt State University students who vandalized the Plaza area two months ago — an event unlikely to occur when students are away on winter break.

APD promises to step up its presence on the Plaza, and call in other local law enforcement agencies — at great expense to the City — to perform additional patrols and interrogate local residents as to the contents of their bags, purses and backpacks to ensure that no alcohol, glass containers or fireworks are present.

“While some people may be uncomfortable with the increased police presence, the safety of the citizens and officers and the protection of property certainly will require more stringent enforcement,” Chapman stated.

Police promise to arrest anyone discharging fireworks, consuming alcohol or carrying glass containers, emphasizing that all laws will be strictly enforced.

Final suspect found locked inside Valley West motel room

Staff Report
Humboldt Sentinel

Three local men were popped in quick succession by the Arcata Police Department starting on Christmas Day for various drug charges.

On Sunday at about 11:20 p.m., APD personnel contacted, then arrested Arcata resident James Bauer, 35, on felony parole violation. This arrest first led to the detention of Bauer’s associate, 21-year-old Jarame Johnson of McKinleyville; these contacts also led to a room at a motel on Valley West Boulevard, where APD suspected Bauer and two associates were renting a room where drug sales were underway.

What followed was a coordinated strike by APD, the Parole Office in Eureka and the California Department of Corrections against the motel room in question. When APD arrived, however, the room was locked from within, and the occupant did not cooperate when the cops announced their presence and asked him to open the door. APD proceeded to instruct motel staff to assist them to force the door open, and upon entry, public servants arrested 22-year-old Michael Loughry of McKinleyville without further incident.

A thorough search of the room revealed several pounds of processed cannabis, along with packaging and materials alleged to be consistent with marijuana sales, according to a press statement by APD sergeant Dave Brown. An illegal weapon and an unstated amount of meth were also found, and all three men were arrested and booked into Humboldt County jail on charges of conspiracy, possession of marijuana for sale and possession of methamphetamine. Bauer was also booked on the illegal weapon possession charge; as he was an escaped parolee, he will n0t be eligible for bail.

David Liebe of McKinleyville arrested in Arcata stabbing case

Staff Report
Humboldt Sentinel

A McKinleyville resident is spending this weekend in the clink after his arrest earlier today on felony charges.

At about 9:04 p.m. last night, Arcata Police Department personnel were dispatched to a fight in progress at the 700 block of Tenth Street, where they found a male victim bleeding with three stab wounds. The unidentified victim was transported to Mad River hospital for treatment for his critical injuries; meanwhile, APD obtained a description of the suspect during the course of their investigation and began checking the area.

Upon further checking, a subject matching the description was located on the 1000 block of G Street and detained, then arrested for assault with a deadly weapon. He was identified as David Liebe, 41 of McKinleyville, and the alleged attacker was transported to Humboldt County jail.

The case is still open for further investigation, and APD invites witnesses to contact them to provide further information — call detective Bob Martinez at (707) 822-2428.

Financial difficulties, interference by Arcata officials contribute to collapse

By Charles Douglas
Humboldt Sentinel

After nearly a decade of struggle with City of Arcata elected officials, police and bureaucrats over how best to handle issues of homelessness, the North Coast Resource Center may have reached the end of its rope.

A notice plastered on the door of the NCRC office at the Arcata Service Center informed the public that all services will be suspended as of Dec. 31.

“We are working on setting up an alternate food pantry that will serve Arcata in January,” the notice read. “We will have more information available soon. We at NCRC are making every effort to resume services as quickly as possible.”

Their Executive Director, John Shelter, did not respond to inquiries as of 11 p.m. tonight, but the Sentinel was able to reach Anne Holcomb, executive director of Food For People, which runs Humboldt County’s largest food pantry in midtown Eureka. She said FFP was informed by NCRC that they were dealing with financial difficulties and would close temporarily, for a month or more, to deal with them.

“We’re trying to develop alternative options for the people they’re serving so they don’t go without — we’re in the process right now of trying to find temporary alternative locations in Arcata,” Holcomb said in an interview this evening. “We know the cost of gas to drive from Arcata to Eureka or even bus fare can be prohibitive…we’re committed to assuring people that food pantry services continue for Arcata residents.”

She didn’t want to speculate on the reasons behind the collapse of NCRCs finances, but sympathized with the situation of humanitarian non-profit charities in general as giving has declined in an environment of economic crisis.

“It’s really unfortunate,” Holcomb said. “I’m not sure exactly what the problems are in Arcata. I think there needs to be a collaborative organization that needs to spearhead that and I gather the North Coast Resource Center just does not have the staffing resources to do that.”

NCRC evolved from the Arcata Endeavor, which has served homeless and poor people in the greater Arcata area since the 1990s with food, showers, laundry, job referral help and case management services.

The NCRCs federal grant funding dried up a few years ago due to the lack of “site control” when a newly elected Arcata City Council refused to extend their lease on the Arcata Service Center, located in between the Intermodal Transit Facility and the Arcata Ballpark in the densely populated downtown area. This led to a tense series of public hearings and lawsuits, and while the NCRC eventually got its lease extension, the damage had been done in terms of undermining its ability to operate fully staffed.

Most recently, the longstanding project of an Extreme Weather Shelter for Arcata was ended after City Hall bureaucrats threw up roadblocks against the use of area churches to house homeless people during nightime conditions with sub-freezing temperatures and/or heavy storms. Ironically, this same project has been launched in Eureka with widespread support from city officials and the business community there; similarly, the NCRC New Directions program of providing non-violent clean-up services directed towards homeless encampments has garnered Eureka’s support at the same time as Arcata has slammed the door on working with the NCRC.

All these controversies have taken their toll on NCRC volunteers, too; their Board of Directors has several long-standing vacancies, and most staff had already been laid off. Shelter himself served for several months last year as Executive Director without compensation.

Shelter sat down for an hour-long episode of Sentinel Interviews on Jan. 12 to discuss the work of the NCRC in local communities.

“Not in response to the Occupy movement,” officials claim

By Charles Douglas
Humboldt Sentinel

Arcata city officials are set to redefine camping in a manner which critics say will further restrict Constitutional rights to assemble and protest against the government.

City Attorney Nancy Diamond presented to the City Council this evening a set of amendments to the parks and grounds chapter of Arcata’s municipal codes concerning public property. They particularly define city parks, city buildings and city-owned grounds as places where camping is illegal — as opposed to the generic “public grounds” — and expands to an entire paragraph the details of what constitutes “sleeping activities or making preparations to sleep.”

Diamond, Arcata Police Department chief Tom Chapman, and city manager Randy Mendosa (the former police chief) all emphatically denied any connection between these newly drafted laws and the Occupy movement, which had its Occupy Arcata iteration set up successive encampments at the Arcata Plaza, Arcata City Hall and now at an undisclosed location in the Community Forest.

Yet none of the public speakers on the agenda item were buying their explanations.

“What did bring this on? Am I right to think maybe it had something to do with the camping that was going on for the last couple of months?” asked ex-Councilmember Dave Meserve. “This is very clearly language that is meant to target the activities of the Occupy movement.”

Meserve, who helped lead the charge to coordinate the disparate local encampments and protests under the banner of Occupy Humboldt County in the last two weeks, accused his former colleagues of hypocrisy — the Council had passed a resolution only last month which specifically expressed support for the Occupy Wall Street movement nationally and Occupy Arcata in particular.

“There is this income inequality in this country and the one percent are controlling this country through the government to do that…and now we see all these cities kicking them out…people are being moved out from their occupations, from their tent cities, and what was the power of this movement, the power of their message, was the ability to occupy public space,” he said. “I find it inconsistent, I find it reactive, I find it whittles away at the First Amendment.”

Councilmember Shane Brinton, who managed Meserve’s doomed 2010 attempt to regain a seat on the City Council, backed his play, invoking basic human rights at the same meeting where they unanimously recognized December as Human Rights Awareness Month.

“I don’t know if tents are First Amendment speech or not, that’s a bit above my pay grade, but I know that everyone in the world has to sleep,” Brinton said.

Diamond retorted that the language was based on federal regulations, and was only intended to clarify existing law.

“It’s providing more specific guidance so there’s less room for abuse,” she said. “It’s something that should be viewed as taking away potential discretion by law enforcement officers on the ground…it’s not to tighten down the rules or eliminate any particular uses now, but to provide more specific notice.

Mendosa backed her play, and defended the actions of the APD which he used to lead.

“The staff’s been working on this long before we knew about the Occupy movement,” he said.

Brinton went on to quiz Chapman on when and where the use of a blanket in public would legally constitute camping, leading to a surreal exchange with the police chief imagining different scenarios.

“Are you on the Plaza under a blanket? Hard to say, it would depend,” Chapman asked and answered himself. “Is it three in the morning, it probably would. At two in the afternoon, probably not.”

Councilmembers voted 4-1 to introduce the ordinance, with Brinton dissenting. As the regularly scheduled Council meeting for Dec. 21 has been cancelled, final adoption will have to wait until Jan. 4.

• Key parts of the City of Arcata’s proposed Ordinance 1412 (strikethroughs are deletions, bold-italics are additions to current law):

SEC. 10000. City parks, buildings and grounds.

Such land or structures All parks, buildings and grounds within the Arcata limits owned by City of Arcata shall be designated as a city park, building or ground by resolution of the City Council shall be subject to the provisions of this Chapter.

SEC. 10004. Overnight use prohibited.

There is to shall be no camping on or in public groundsCity parks, buildings and grounds, nor overnight use of public grounds or publicCity parks, buildings and grounds unless specifically authorized by the City Manager or her/his designee. “Camping” is defined as temporarily living or occupying an area in the outdoorsthe use of public parks, buildings or grounds for living accommodation purposes such as sleeping activities, or making preparations to sleep (including the laying down of bedding for the purpose of sleeping), or storing personal belongings, or making any fire, or using any tents or shelter or other structure or vehicle for sleeping, or doing any digging, or earth breaking, or carrying on cooking activities. The above listed activities constitute camping when it reasonably appears, in light of all the circumstances, that the participants, in conducting these activities, are in fact using the area as a living accommodation regardless of the intent of the participants or the nature of any other activities in which they may also be engaging.

SEC. 10006. Regulation of certain use of public parks, buildings and grounds
prohibited without permission.

A. No individual or group may use public City parks, buildings or grounds under the following circumstances without first obtaining a permit from the City Manager or her/his designee, except for normal leisure and recreational use of City grounds when such use does not preclude or discourage similar use by others:.
1. When an activity or event is advertised to the general public in advance; or
2. When an individual or group charges a fee to attend or participate in an activity or event; or
3. When an activity or event by an individual or group precludes or discourages the simultaneous non-permitted use of that facility by other members of the public.

…

SEC. 10011. Duty of the City Manager to administer parks, buildings and grounds.

…

B. To the extent permitted by law, the City Manager may deny an application for a permit to use a City park, building or ground if the applicant or person on whose behalf the application for a permit was made has on prior occasions made material misrepresentations regarding the nature or scope of an event or activity previously permitted or has violated the terms of a prior permit issued on behalf of the applicant. The City Manager may also deny an application for a permit to use a City park, building or ground for any of the following reasons:
1. The application for a permit (including any required attachments and submissions) is not fully completed or executed;
2. The applicant has not tendered the required application fee with the application or has not tendered the required special activity event fees, insurance certificate or deposit within the times prescribed by the City Manager;
3. The application for a permit contains a material falsehood or misrepresentation;
4. The applicant is legally incompetent to contract or to sue and be sued;
5. The applicant or the person on whose behalf the application for a permit was made has on prior occasions damaged City property and has not paid in full for such damage, or has other outstanding and unpaid debts to the City;
6. A fully executed prior application for a permit for the same time and place has been received, and a permit has been or will be granted to a prior applicant authorizing uses or activities which do not reasonably permit multiple occupancy of the particular park, building or ground, or part thereof;
7. The use or activity intended by the application would conflict with previously planned programs organized and conducted by the City and previously scheduled for the same time and place;
8. The proposed use or activity is prohibited by or inconsistent with the classifications and uses of the park, building or ground, or part thereof designated pursuant to this Title or City Council regulation adopted in accordance with this Title.
9. The use or activity intended by the applicant would present a danger to the health or safety of the applicant, or other users of the park, building or ground, or City employees or the public;
10. The applicant has not complied or cannot comply with applicable licensure or permit requirements, ordinances or regulations of the City, Arcata Fire Protection District, County and State concerning the sale or offering for sale of any goods or services, recycling and waste diversion and erection of temporary structures;
11. The use or activity intended by the applicant is prohibited by local, state or federal law or regulation.

For the curiously aware of Humboldt County

By Skippy Massey
Humboldt Sentinel

Occupy Eureka Resists Setbacks, Weather, and Authority

STRATEGIC PLANNING AND OCCUPY REORGANIZATION: HSU’s Kate Buchanan Room hosted over 100 people representing Humboldt’s various Occupy groups last Monday for what was billed as a ‘Countywide General Assembly’ to explore the local movement’s options going forward. Among the list of topics: should the three groups, Occupy Humboldt, Occupy Eureka, and Occupy Arcata consolidate their efforts together? Under moderator Travis Turner, agreement and consensus reached an impasse after different ideas were tabled and discussed. Another meeting is scheduled for next week.

THE GOOD PRESS: Occupy Eureka held a rally at the Courthouse the Saturday after Thanksgiving with 200 individuals braving the chilly weather hearing speakers, music, and enjoying the food.

THE BAD PRESS: According to the press release from the Eureka Police Department:

ON NOV. 21, 2011 at about 11:00 pm, officers of the Eureka Police Department responded to a reported hazardous condition at the “Occupy Eureka” encampment near the steps of the Humboldt County Courthouse. While officers were investigating the incident, an aggressive intoxicated subject approached and confronted the officers. The subject, who was identified as Roger Alan Parshall (56 years old of Eureka) was soon taken into custody for suspicion of public intoxication and obstructing an officer. He was booked into the Humboldt County Correctional Facility. Several subjects were located sleeping in sleeping bags in a section of the illegal structure. These subjects were advised of the violation.

THEN ON Nov. 22, 2011 at about 7:30 am, officers responded to a verbal argument at the “Occupy Eureka” encampment. Upon arrival, officers were told that a member of the “Occupy Eureka” group was involved in a verbal altercation with two subjects awaiting the opening of the Courthouse. During the altercation, the “Occupy Eureka” member, identified as Heather Nicole McBride (19 years old of Eureka) allegedly threatened to assault the subjects. As a result of the investigation, McBride was taken into custody without incident for disturbing the peace.

With two previous early morning raids, nearly 50 arrests, and many problems over the past month, one would hope cooler heads would prevail, tensions might subside, and the provocative nature of the situation resolve itself. It didn’t, it wasn’t, and it hasn’t:

LATER IN the day at about 4 p.m., at the request of the Humboldt County Board of Supervisors, Humboldt County Chief Administrator’s Office, Humboldt County Council, and the Humboldt County Sheriff’s Office, officers of the Eureka Police Department responded to the “Occupy Eureka” encampment to enforce the penal code violations regarding the illegal lodging. Deputies of the Humboldt County Sheriff’s Department and Officers of the California Highway Patrol assisted in this enforcement action. Upon officer’s arrival, several subjects were detained and identified concerning their illegal activity. The subjects were allowed to gather all personal property, that was not deemed camping equipment, and were escorted off the property temporarily, until the illegal structures could be dismantled. Once all subjects had been escorted away, the structure, constructed of concrete, wooden pallets, pipes, and tarps was dismantled and eventually hauled away. All supplies used solely for the purpose of exercising their right to freedom of speech were left at the scene for the group members to reclaim.

AS OFFICERS were finishing the clean-up of the area, a subject stepped out into oncoming eastbound 5th Street traffic with a large banner. He stopped directly in front of an oncoming vehicle. He was immediately taken into custody without incident for obstructing the street. The subject was identified as Hans Karl Ashbaucher (44 years old of Eureka). He was booked into the Humboldt County Correctional Facility. This is Ashbaucher’s third arrest at this location in connection with the “Occupy Eureka” movement. A complaint regarding this incident will be forwarded to the District Attorney’s office.”

ONE GROUP participating in Occupy Eureka noticed on their website: “STOP THE ATTACK ON CIVIL RIGHTS. Since Oct 8th, local police & officials have stolen everything we have, arrested us en masse with no warning or crime, beat us to broken ribs & concussion with hands & baton, arrested us for filming, kept us in jail illegally, deleted our videos, fenced off the courthouse lawn, & lied about it all. Cops now come many times a day & steal our signs, where people have demonstrated for decades. There’s no excuse for trying to wipe out our demo. It’s time to SPEAK OUT!”

ON Wednesday, a couple of Occupy volunteers were busy erecting a 6 X 8 foot makeshift shelter using wood, PVC piping, and tarps near the Courthouse steps in the late afternoon. What was going on and what were they doing? It is, or was, the short-lived Occupy Eureka Information Booth and Social Center– until it was allegedly stolen by EPD and its Occupy members kidnapped. Tom Sebourn explains more via the communiqué he received of the situation and arrests:

“In the latest show of complete lawlessness and blatant disregard for the Constitutional Rights of the Citizens of Humboldt County, the Eureka Police Department has once again raided the Occupy Eureka site and stolen both the Information Booth and the Scott Olsen Social Center. In addition to this robbery, they have also kidnapped 2 of our Comrades – Kimberly (“Verbena”) Starr and Stanton Woods are now being held in the Humboldt County Jail despite the fact that they were doing nothing other than exercising their First Amendment Right to speak and hand out literature in a public place. The EPD is trying to claim that Kim Starr was in violation of a court order when she handed out fliers. At the court proceedings to which the EPD were referring, Judge Cissna EXPLICITLY, on the record, said that she was free to speak and hand out papers on the sidewalk. They claim that she further violated orders by erecting the Scott Olsen Center (which was not blocking the sidewalk or in any other way impeding foot traffic and was only there to protect the information table from the weather and as a gathering place for Occupiers and conversations) even though she never even touched any part of it…”

GOOD LUCK, Travis Turner, Ms. Starr, and Occupy Eureka. We wish you the best. We really do. A recent Field Poll found 46% of California voters identifying with the Occupy movement while 49% do not. 58% agree with the protesters’ underlying reasons. 52% blame Wall Street more than the federal government (24%) for the current economic disparity. It’s doubtful these numbers come close to approximating local sentiment in supporting our local Eureka movement given its recent problems as previously reported and the overall message co-opted into a scattered mix of provincial agendas and demands– such as the removal of a chain link fence surrounding a patch of courthouse sod formerly accommodating the overnight tent city and unfortunately wearing out its welcome.

GRANTED, some of the protesters were treated rudely and roughly, probably unduly so; it appears civil litigation for these cases is on the horizon from the sources we’ve heard from. Nonetheless, bringing a more even disposition and clearly grounded solutions to the table — rather than the angry, threatening display of emotional wrought and malfeasance brought to the chambers of the Humboldt County Board of Supervisors on November 15 — would be best for all concerned. We believe in social justice, carefully and restoratively sought, with a sagacious prudence and considerate respect for all involved. Wise and cooler heads need to prevail preventing the unraveled ends from falling apart and imploding altogether, driving away those who would be otherwise sympathetic. Representing Humboldt — and the 99%– needs to be presented and presented well, without the confrontation, blame game, and the victim card being played. It needn’t be a fine line to tread; otherwise, it detracts and distracts from OWS’ important message that something has gone seriously wrong regarding the disparate inequality and the state of our nation today.

MORE: Heidi Walters and the North Coast Journal covered more of the Occupy haps here for readers… unless you’d rather go directly to the Occupy Facebook site for their more recent postings. Tom Sebourn’s blog kindly archived the latest ballads arising from the source, while the Humboldt Herald’s readers weigh in with their 220 comments and opinions describing more of the above.

LAST SNIPPETS, RUMORS, AND HEARSAY MURMURS:

KINGPINS AND COLD CASH CAN WORK WONDERS: The sentencing of the Hydesville marijuana kingpin, Stanislaw Kopiej, has been postponed. You’ll remember he was arrested with more than 425 pounds of processed pot, entering into a probation-only plea agreement deal only a mere 10 days later after his arrest with his attorney Patrik Giego and the District Attorney’s Office, after forfeiting $175,000 in cash. Monday’s hearing was continued to December 7 to allow attorneys in the case to review the “forfeiture language” in the agreement concerning his former $1 million dollar operation. Meanwhile, the trimmers working for him languish in jail after being hammered with unprecedented felony charges by the District Attorney’s Office– to the dismay of their defense attorneys.

BUCKLE UP AND LOOK BOTH WAYS: Humboldt sadly lost two citizens on the road recently: talented musician Bucky Osper and young Eureka High Student Mariah Redman. Be careful out there, folks. Or going to the new Harris Street Safeway that’s reportedly experiencing fender benders due to the two simultaneous left turn lights colliding with the blocked traffic entering the parking lot, making it one of the more dangerous intersections in the City, some believe.

WHACKS, STABS AND PRICKS: If it wasn’t enough former Arcata mayor Bob Ornelas got trucked, it was Hanna’s report of being the second Arcata victim getting stuck.

PHYSICIANS AND PEEPS, HEAL THYSELF: The Two Rivers Tribune explained our national health front in a nutshell: School lunches lean towards the unhealthy, we’re living longer, teen birth rates are declining, Oxycontin-like drugs are smuggled in from Canada, newborns having an ‘explosive surge’ being hooked on prescription painkillers, and a rising level of drug use and alcoholism among doctors and health care professionals. Dr. DeCapua’s article noted, “Research suggest that 15 to 24 percent of lawyers suffer from alcoholism during their careers. The British Medical Association estimates that one in 15 healthcare professionals will develop an addiction problem. Doctors are three times more likely to develop cirrhosis of the liver than the general population.”

AN END RUN, PT II: THE GARBAGE WARS THICKEN. In the last Sentinel Roundup we reported that the Humboldt Waste Management Authority (HWMA) was making an end run of closed door negotiations utilizing Arcata Community Recycling Center (ACRC) employees amidst pending litigation. HWMA Executive Director Jim Test said that HWMA is still discussing leasing the Samoa Processing Plant and in a Nov. 10 closed session meeting met to discuss the possibility of keeping the Samoa plant open in an agreement with ACRC. In the latest twist, however, Fortuna’s Eel River Valley Disposal is looking at contracting for Arcata’s recyclables… and bypassing the Samoa Processing Plant altogether in favor of their new facility opening this month. The City of Arcata is pondering its new position of recycling authority. No doubt the clash of stubborn ill will between Directors Jim Test and ACRC’s Mark Loughmiller will continue in some form or another. Who would’ve thought there was money, plot twists and high drama in garbage?

BUSINESS AS USUAL STATS: The Hoopa Valley Tribal Council approved a $79.5 million budget—about $26,000 per person for 3,040 residents for fiscal year 2011-2012. In comparison, Eureka is looking at approving an approximately $55 million budget for 27, 191 residents, or $2,022 per person according to city sources. Humboldt County’s adopted $263.7 million budget for 134,630 residents comes in at $1,958 per person.

TURN OFF THE LIGHTS AND LOCK THE DOORS WHEN YOU LEAVE: If you’re one of Bank of America’s last customers, take note and heed. No, it’s not the fact that Bank of America recently secretly moved $57-75 trillion dollars (yes, that’s right; trillion with a T) of unknown derivatives to an FDIC-insured umbrella account that some say is preparing itself for bankruptcy, nor that the Federal Reserve Bank gave it and other institutions an equally secret $7.7 trillion dollar rescue and bailout coming to light, or that it’s just been hit with downgrades by the two major rating companies and also under investigation for illegally foreclosing on homes and using deceptive loan practices. If that isn’t enough of a warning in itself, it’s the fact that Bank of America’s stock is tanking big time. Currently around $5.53 a share (down 62% from the beginning of the year), experts believe it can’t go much lower without the institution going belly up. Corporate bonuses for such spectacular failure will be announced later– when the final figures for financial institutions are released– and before the projected layoff of 30,000 BofA employees. Our local branch of Bank of America is perilously close to going the way of the Dodo—or Mervyn’s, Hometown Buffet, Borders, Evergreen, the Eureka Reporter, and the Humboldt Beacon and the Times-Standard’s Monday edition.

POT PROMOTIONALS AND OTHER MERCHANDISE FOR SALE: Despite the economic downturn, there is a bright outdoor light of opportunity shining for some. If you haven’t taken the humorously crass capitalistic tour of Jorge’s Garden ‘O Humboldt Eden yet, you still can at Kym’s place. No doubt personal tours will be in the works shortly. Don’t forget to buy a T-shirt or mug at the gift shop on your way out.

THE PERFECT LOCO TRIFECTA? Lost Coast Communications media mogul Patrick Cleary, Lost Coast Outpost Hank Sims, and the ginger Redheaded Blackbelt Kym Kemp have joined forces. The fate of the Humboldt world hangs in their balance.

FAVORITE QUOTE OF THE WEEK LEST WE FORGET: “The First Amendment (Amendment I) to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering with the right to peaceably assemble or prohibiting the petitioning for a governmental redress of grievances. We have the right to assemble, and we have the right to question our government! Nobody has the right to pepper spray peaceful, albeit obnoxious, protesters… GOT IT?” (~Ernie Branscomb)

HUMBOLDT EVENTS AND HAPPENINGS:

A NICE LINEUP THIS WEEKEND and a little something for everyone, musically speaking, with Hawaii’s ukulele-stretching Jake Shimabukuro on Friday, Grateful Dead’s Mickey Hart on Saturday, locals Devin the Dude and Ishi Dube Saturday, 7 man swing and jazz band Big Bad Voodoo Daddy playing Sunday, and Humboldt’s beloved Huckleberry Flint set for Wednesday.

OR get outdoors in the rain or shine with the Arcata Marsh and Lanphere Dune walks and the Audubon King Salmon and Arcata bird outings listed in the Saturday calendar below, or take in the 22nd annual Prairie Creek Redwoods State Park candlelight walk.

HUMBOLDT’S infamous Impropriety Society is having their last-of-the-year-bash. Don’t know who the Imps are? Oh my. How does one explain this? Let’s put it this way: some things are best left unsaid and don’t look here and certainly don’t look here, either. We warned you, even if you are curiously aware.

…AND the Eureka Inn is scheduled to have their traditionally glittering Christmas Tree decorated and lit– delighting all on Saturday, too.

THE WEEKEND CALENDAR:

Friday, December 2

Saturday, December 3

Sunday, December 4

Notification system to improve rapid deployment of emergency resources

Prior move from Plaza to City Hall apparently not far enough

By Charles Douglas
Humboldt Sentinel

These may be the last days of ‘Occupy Arcata’ as city officials ready themselves to “expend limited public resources” to rid the front lawn of City Hall of the sprawling encampment.

Arcata police chief Tom Chapman served notice on the protesters earlier today, and while no deadline was contained therein, his letter contained numerous allegations of lawbreaking by people at the Occupy camp which he said could no longer be suffered by city employees or local residents.

“Specific acts include the open use of drugs, the sales of drugs, consumption of alcohol, public intoxication, loose dogs, assault and battery, the illegal discharge of a BB gun, the shooting of a citizen with a BB gun, urination and defecation on public property, repeated smoking within 20 feet of the building, loud profane language in the presence of children visiting the recreation department, blocking disability access to City Hall, theft of property, and a disruption of City services,” Champan stated in his letter.

Chapman had previously worked with Occupy Arcata organizers to move their protest site from the Plaza to City Hall due to numerous complaints from merchants — yet promised access to the City Hall restroom facilities appears not to have materialized.

“Within five feet of the entrance to the recreation department the cement is saturated with urine,” he went on to state. “It has attracted flies and the stench is horrid. This entrance is used by many community members with their children to sign up for recreational programs the City sponsors. The encampment at City Hall has become a public health hazard.”

Several of the well-known demonstrators at ‘Occupy Arcata’ appeared at this evening’s Arcata City Council meeting, vowing to continue their protest and stand up to what they claim is intimidation and official oppression, including “Recon” Rick Shreve and Geronimo Garcia, recent last-place finisher in the Manila Community Services District race and two-time former Council candidate. Other Occupy-ers read statements from military veterans and invoked their elected representatives to “stand up for the 99 percent” and support their movement.

Mayor Susan Ornelas was unmoved by their appeals and at one point had to ask Garcia to cease interrupting the proceedings. She said the demonstrators were welcome to continue their protest, but that camping had nothing to do with the rights of free speech and free assembly.

“This isn’t an eviction notice,” Ornelas said.

The other Councilmembers, who Occupy protesters claim had ignored their demonstration, said nothing in response to their statements during Oral Communications.

Even some supporters of the Occupy movement, much as with its Eureka iteration, have taken issue with the infiltration of criminal elements into Occupy Arcata. Their Facebook page has been seized by one administrator, going by the name of “Trish Ti,” who has closed off access by other organizers while denouncing the unauthorized use of a Twitter account named “Occupy Arcata” because they were “being negative.” Others have denounced the lack of security at the encampment.

“Arcata needs to clean up it’s act if it continues to occupy,” Occupy Arcata supporter Rachelle Irby said. “We need to be clean, safe, and not be using drugs or other inappropriate activity. OWS has a no tolerance policy and so should Arcata. I support you and I hope that the GA’s can resolve the issues cited in the letter.”

Semi-automatic weapons, DMT, peyote and ‘shrooms seized

Staff Report
Humboldt Sentinel

Arcata Police took down a sprawling drug house operation yesterday morning in response to neighborhood complaints.

APD personnel served a warrant at a home on the 1400 block of Panorama Drive on Wednesday, where they found a marijuana grow scene with more than 200 rooted plants and over 20 pounds of processed bud.

The over-the-line cannabis cultivation operation was the least of their score, however — over a pound of physilociben mushrooms, numerous peyote cacti and five grams of dimethyltryptamine, or DMT, were found. The cops also found two semi-automatic handguns, one semi-auto rifle and $8,000 in federal reserve notes.

Found at the scene were residents Elizabeth Martin, 38, and Alexander Schaffer, 35, and both were arrested and booked into county jail on charges of marijuana cultivation and possession for sale, as well as manufacturing and possession of a controlled substance, possession of drug paraphernalia, and possession of concentrated cannabis.

APD also called in City of Arcata building inspectors to investigate alleged building code violations at the residence; upon confirming the numerous violations, they ordered the plug to be pulled on electrical service to the structure, according to a release from sergeant Todd Dokweiler.

Neighbors are urged by APD to be informants against anyone suspected of illegal drug activity by calling the department at (707) 822-2428.

For the curiously aware of Humboldt County…

By Skippy Massey
Humboldt Sentinel

40 YEARS OF BUSINESS TOSSED CURBSIDE: Despite numerous negotiations and political bickering, the Arcata Community Recycling Center’s (ACRC) Board of Directors voted to cease all operations by January of 2012. ACRC is officially DOA and its 35 employees were tossed out the window as collateral damage after the awarding of the recycling bid contract by the Humboldt Waste Management Authority (HWMA) to a competing Willits company. The dollars and sense didn’t add up for ratepayers– nor did the ongoing clash of wills between HWMA director Jim Test and ACRC director Mark Loughmiller. “ACRC has been around for 40 years, but they priced themselves out of the market,” Test said. ACRC, believing otherwise, is suing the waste authority.

HUMBOLDT OCCUPATIONS CONTINUE: Defying oncoming rain and frost, occupiers weather on after 27 days and nights. Occupy HSU has 10 student campers sleeping on the Quad. Occupy Arcata, with 10-15 demonstrators, has moved its encampment quarters from the Arcata Plaza to the Arcata City Hall lawn staying one step ahead of numerous complaints. The Arcata Eye gives us the latest chapter in true Hoover style reporting the humps and lumps taking place there.

In Occupy Eureka, 15 occupiers are holding down their narrow patch of sod with tents and a makeshift kitchen– despite the ‘No Camping’ signs drilled into the Courthouse lawn early last Thursday morning and a phalanx of 6 officers reportedly staring them down from across the street the night before.

It was reported by witnesses that independent news media were denied access to the Occupy Eureka protest last week leading to the verbally abusive and hostile exchange of words by activist Kim “Verbena” Starr. Starr’s agitating actions and temper were later disapproved of as not being representative of the demonstrators and “not condoned” by the Occupy Eureka General Assembly when the censorship complaint was brought forward the following day.

Eureka Police Department officers were dispatched to US Bank this Wednesday in response to a report that protesters in dark clothes and masks were causing a disturbance by shouting and banging on the bank’s window with a big stick. Officers found the activists a few blocks away, protesting outside Bank of America and Chase. Rumors are circulating on good authority the protesters’ days are numbered: overnighters occupying the courthouse lawn will soon be evicted in short order by the long boot of EPD, perhaps by the time you read this. Nonetheless, the local Moveon.org chapter is organizing its members to support the Occupy protesters with a rally at the County Courthouse, Saturday from 1-4 p.m.

SHENANIGANS, VANDALS, AND BAD JUJU SCANDALS: Wanton acts of destruction by different Halloween hooligans struck several Fortuna cemeteries, shattered a plate glass window to swipe the historic 70 year old Milk Can trophy from Ferndale High School, and thoroughly trashed the Arcata Plaza. In the latter situation, “hundreds of Halloween revelers” left behind broken bottles and shards of glass, spews of vomit mixed with mounds of trash, trampled flower beds, condoms, whippets, human excrement, and a plastered McKinley statue covered in painted graffiti. 51 garbage bags, 3,000 pounds of trash, 40 staff hours of work cleaning up the aftermath. Lordy. With damage estimates of $30,000, the reckless revelry has become increasingly worse over the past 3 years. Arcata Police responded to 100 calls, arrested 30 people, and attended to 7 medical incidents of over-intoxication, head injuries, and one man who drunkenly jumped from a roof breaking his ankle. Police Chief Tom Chapman said, “The level of disrespect for the community is astonishing. The combination of alcohol and a costume gave some a sense of drunken stupidity and lawlessness.”

SUPER SIZE ME: While the amusingly puerile Humboldt Mirror pines that bigger is better for Big Boxes, the minions, the homeless, and us, the SoHum Parlance II blog tips us off to an entirely different take regarding the voracious appetite of Ukiah’s Walmart. Proposed plans call for a nearly 50% square foot addition, expanding the store’s hours to 24 hours a day seven days a week, and creating the sales of distilled spirits, a vision care center, and a medical clinic. The expanded section of food items planned will “rival the selection at grocery stores.” The siphoning of customers from local businesses is expected to lead to the closure of 2 other food stores nearby. The final Environmental Impact Report will be heard November 9— just in time for Thanksgiving.

While some may rejoice that McDonald’s McRib sandwich is temporarily back tingling local culinary tongues, you may not want to know what’s in it: not exactly what one considers meat. Is it bad for you? Let’s put it this way. It’s not good for you. With a total of 70 ingredients, the McRib is a complicated mess. The bun alone contains 34 components, including among other chemicals, azodicarbonamide: “a flour-bleaching agent most commonly used in the manufacturing of foamed plastics like gym mats and the soles of shoes.”

It’s also no proprietary secret that The Journal reports on the public concern of GMOs in ‘Just Label It,’ noting that “…90 percent of Americans support the labeling of foods that contain genetically modified organisms (GMOs)… a right that more than 50 other nations, including China and Russia, protect with mandatory GMO labeling. The glaring disconnect between America’s celebrated democratic ideals and the FDA’s refusal to budge on GMO labeling may be about to crumble…” We believe in better living through science and Big Boxes– and those beguiling flavor chemists toiling away in New Jersey labs.

BUILDING BABYLON BY THE BAY: Venom meets vigilance in the snakepit of Humboldt County planning? Just why do people hate Kirk Girard?

Open Door Community Health Center has broken ground building their new $10 million facility in Eureka. Hospice of Humboldt is fundraising for their proposed $11 million project comprising administrative offices and an end-of-life care facility. While Wild Planet Seafoods is slowly moving into their new digs at Eureka’s waterfront C Street Market Square following millions of dollars spent by the City of Eureka Redevelopment Agency, Kurt Kramer Properties labors on into a second year reconstructing the formerly beloved Old Town Bar and Grill building that fell apart during the 2010 earthquake.

Eureka City Councilman Mike Newman related this week one of the important and final environmental hurdles has been cleared by the State Lands Commission enabling CUE VI to begin cleaning up the Balloon Track. Mr. Newman also assured us that “cleaning up the Balloon Track has been happening all along” and we’ll soon see results in short order. The rest of the council remained curiously silent.

Time to go green? True, the gleaming, out of place, multi-million dollar College Creek apartment complex gracing the southwest corner of the HSU campus is finished and ready for occupancy– but no parking spaces were planned or created accommodating the 430 new student residents.

Caltrans is crashing headlong into obstacles and an uphill battle presented by the Eureka City Council, the Board of Supervisors, and Jacobs Avenue businesses over their proposed $23 million Safety Corridor Improvements. Caltrans is proposing shutting down most of the Highway 101 medians between Eureka and Arcata. Opposition was voiced by local businesses complaining they were being leaned on to accept the safety plans– or else have their customer access to Highway 101 cut off. Councilmember Linda Atkins suggested simply enforcing traffic speed limits along the corridor would eliminate the need, expense, and problems proposed. The Caltrans spokesman was flummoxed when asked to respond.

The collapsed roof of Eureka’s St. Vincent de Paul building is being repaired in the nick of time for the rainier-than-normal season expected. You’ll remember the collapse was caused by a pile of debris left behind by the Roof Doctor company. We notice the new repairs caused by the old repairs causing the collapse are being done by… McMurray and Sons roofing company.

LAST SNIPPETS: Kym Kemp is amazing in her SoHum marijuana topics du jour. Check out her latest buzz regarding the recent Dinsmore bust involving 39 arrests and the surprisingly quick slap on the wrist plea agreement for the kingpin of the $1 million, 400+ pound, Hydesville grow and bust merely 10 days after his arrest.

Tuesday, November 8 is an election day: voters will watch the drama unfold on the boards of a 6 school districts, 4 community service districts, and one mysterious Resort Improvement District in Shelter Cove that doesn’t like questions from the pesky press. Speaking of ducking the press, Eureka School Board voters are reminded of incumbent Judy Anderson’s no-show for a televised public debate forum. Candidate Susan Johnson took the time to show up and address issues.

9 members of Congress, including Mike Thompson, sent a letter to the White House asking for the current crackdown on medical marijuana to end.

Jewels, gems, shiny things, and fossils: the Annual Gem and Mineral show is shining at Redwood Acres this weekend.

Pink Martini plays this Saturday, Jackson Browne Sunday, and Wild Flag Monday at HSU Center Arts.

KMUD’s Battle of the Rock Bands is set for this Saturday, November 5.

You can support local business, find a good bargain, provide quality educational programming all at once: Public Broadcasting Television KEET-TV’s fundraising auction and list of $60,000 in gifts is happening November 7-10 and 14-17, from 7:00-11:00 pm. Ask for KEET’s “2 for 1” card of merchant discounts thrown in with your winning bid or membership.

The University of California is hosting workshops for landowners passing forests down to the next generation November 9 and 10.

Mattole Restoration organizations are planning a roundtable discussion November 18 related to the restoration of the Mattole watersheds.

Comfortably numb and always sold out: House of Floyd’s flawless tribute to the one and only Pink performs at the Arkley Center Saturday the 19th.

Eastern Humboldt’s Redbud Theater has announced its November production dates for ‘Academia Nuts.’

$10 gets some family time outdoors and a tree: christmas tree permits are available for sale by Six Rivers National Forest through December.

Humboldt is fortunate having an array of great local blogs of notable merit. Ernie’s Place is home to the wit, wisdom, and history of long time Garberville native Ernie Branscomb. Ever the de facto community leader covering a number of wide topics, Ernie has branched out of the dust, mud, and blood taking your opinion and solutions for the good, the bad, the ugly, and the things needing change through his new website for making Garberville a better place.

HUMBOLDT EVENTS AND ENTERTAINMENT LISTINGS FOR THIS WEEKEND:
FRIDAY November 4
SATURDAY November 5
SUNDAY November 6

Humboldt County Human Rights Commission also to take up Brown Act, public restrooms

Staff Report
Humboldt Sentinel

With rebellious encampments inspired by ‘Occupy Wall Street’ springing up throughout California, the Humboldt County Human Rights Commission is set to take up the re-implementation of a protest monitoring program.

Unlike surveillance by law enforcement, corporate cartels or Homeland Security, however, this activity is designed not to intimidate or curtail protests, but to monitor their peaceful coexistence with powerful government and private interests.

The Independent Observers Program, originally created as a partnership between the Commission and the local American Civil Liberties Union, consists of men and women who go out to protests neither to join in them or attempt to disrupt them. Instead, they typically wear light blue hats and vests with ‘IOP’ clearly visible, and stand as witnesses to monitor the interaction between demonstrators and security, whether public or private.

The IOP was particularly active in the ‘timber wars’ of the 1990s when the struggle over the cut-and-run tactics of the junk-bond peddling Maxxam Corporation, which had taken control of Pacific Lumber, was at its peak. IOP members observed a string of protests on timberlands and in the city, marking down when confrontations between environmental activists and security forces became heated and even violent. Although active during the local peace protests that marked the early years of the Bush Administration, IOP fell dormant until recent calls for its presence were made to the local ACLU.

Commissioners are also planning to address the subject of public restrooms across the county — an issue also arising from the Occupy protests, with Occupy Eureka in receipt of an Oct. 20 letter from county administrative officer Philip Smith-Hanes denying protestors the ability to access restrooms in the county courthouse after hours. Occupy Arcata has also sent a request to the Arcata City Council asking for a public restroom near the Plaza. A porta-pottie erected in a veterans park in Garberville was quickly removed at the behest of the local Chamber of Commerce this summer over concerns that it was ‘attracting’ the homeless.

In addition to typical items such as the implementation of police review in the county, the commission’s agenda also includes a discussion of the Brown Act. This long-standing state law is intended to prevent corruption in local and state government by requiring decisions to be made in public session, and only by elected representatives who do not hold a fiduciary interest in the outcome of government actions.

The Human Rights Commission meets the first Thursday of every month at 5 p.m., with this month’s meeting falling on Nov. 3. They take place in Conference Room A on the first floor of the county courthouse.

 ”Critical Incident Response Vehicle” to provide conference room on wheels

Staff Report
Humboldt Sentinel

The Arcata Police Department is the proud recipient of a tank-like vehicle on wheels to roll command brass out to riots, civil disturbances and all other sorts of emergencies.

A philanthropic gift from the Orvamae Emmerson Endowment purchased a $370,000 high-tech, 36 foot-long commercial grade public safety craft dubbed a “Critical Incident Response Vehicle.”  Constructed by MBF Industries in Sanford, Fla., a customized state-of-the-art work center attached to the vehicle’s chassis provides for a conference room, dispatch center, restroom and galley, with top-flight communications and technology systems built in to allow APD to operate an independent command hub.

For their part, APD personnel suggested the vehicle would primarily be used to respond to the natural disasters that often strike the North Coast, from winter storms to floods to potential tsunamis.

“The Arcata City Council has identified emergency management, planning and preparation as a ‘high priority project.’” APD lieutenant Ryan Peterson stated in a release. “The Arcata Police Department is charged with the tremendous responsibility of ensuring the citizens of our community are provided with the highest functioning public safety during the most difficult and dire of times including natural disasters, emergencies and other critical incidents.”

City brass patted themselves on the back for avoiding the use of taxpayer funds to make this project happen; they effusively expressed appreciation to the late Orvamae Emmerson for her endowment’s donation, administered by the Humboldt Area Foundation, to make the CIRV a reality.

APD showed off the truck at the Arcata Fire Department’s open house today, suggesting its use would range beyond Arcata’s city limits to become a resource for other local jurisdictions for all sorts of en masse police deployments.

“Public safety is a community effort,” APD chief Tom Chapman stated. “We’re all in this together and when a disaster strikes we all need to work side by side to get through it successfully. I must ensure that we have done everything possible to be the most prepared and best equipped when that time comes.”

City Attorney recommends suspension of longstanding medical marijuana ordinance

By Charles Douglas
Humboldt Sentinel

The day after elected representatives in Eureka are all but certain to suspend the implementation of their own medical marijuana ordinance after soliciting the fait accompli opinion of the Feds, Arcata looks set to follow their lead.

At their City Council meeting on Wednesday, representatives will receive a report from City Attorney Nancy Diamond — the same legal counsel under fire for embroiling the municipality in various threatened or actual lawsuits resultant from her advice on civil rights issues — which appears to recommend the suspension of an ordinance already under implementation for over three years.

“At present, there are four applications pending for medical marijuana cooperative and collective use permits,” Diamond stated in her report. “The City’s actions pursuant to those pending permit applications appear to expose the City to a credible, although not precisely defined, risk of exposure to federal prosecution. Discontinuing the current processing of use permit applications…would most likely protect the City from federal enforcement.”

A previous incarnation of the Arcata City Council unanimously adopted a medical marijuana ordinance which sought to simultaneously limit residential grow houses and provide for properly permitted medical marijuana dispensaries organized as not-for-profit collectives as per direction from then-Attorney General Jerry Brown. The college town’s previous crop of representatives disregarded the previous round of Federal threats as empty, instead opting to uphold state law as stipulated in California Health and Safety Code 11362.5, otherwise known as Proposition 215, adopted by a majority of state voters 15 years ago.

With the complete collapse of the local Green Party and the departure of the last Green officeholders from the Arcata Council after 18 continuous years of representation, the body has taken a notably conservative turn, most notoriously with an anti-panhandling ordinance, adopted last year, which criminalizes the holding of a sign at a street corner asking for donations. A lawsuit is underway challenging this law, filed by liberal campaign manager Richard Salzman.

While Eureka officials — in particular Interim Chief Murl Harpham and City Manager Dave Tyson — have come under criticism for effectively soliciting Federal threats of enforcement action against their city, apparently City of Arcata staff have been up to similar activity.

On Aug. 23, Diamond and Arcata Police Chief Tom Chapman met with the U.S. Attorney for the Northern District of California — a meeting apparently called at the behest of Diamond.

According to the report, Diamond and Chapman were told there was “an increasingly urgent need for her to take prosecutorial action in an attempt to deter the escalation of flagrant [Controlled Substances Act] violations.” They were also told that the City’s conformance with state law and state Attorney General guidelines would not be a defense to federal prosecution; this opinion would seem to fly in the face of the California Constitution, which instructs local governments to obey state law in the incidence of any federal-state conflict.

The Arcata City Council kicks off its public proceedings for the month on Oct. 5 at 6 p.m.Incidentally, the performance evaluation of Diamond is set for a closed session meeting of the Council at 4 p.m. that same day.

Swearing in of front line cop, dispatcher coupled with promotion of volunteers

Staff Report
Humboldt Sentinel

Arcata’s police force, the largest per capita in Humboldt County, is seeing a further expansion of its ranks.

At a ceremony to be held tomorrow at City Hall, recent College of the Redwoods Police Academy graduate Jeremiah Kasinger will join the Arcata Police Department as a new peace officer. APD will also swear in Yesenia Arevalo as an emergency communications dispatcher.

Kasinger currently serves as a volunteer firefighter with the Eureka Fire Department, and has previous experience as a corrections officer and emergency medical technician. Arevalo comes from the Emeryville Police Department after serving eight years as a dispatcher there; she’s also been an animal control officer with the Oakland Police Department and a volunteer with the Alameda County Sheriff’s Department Search and Rescue unit.

City brass also intend to recognize Fred Jamison and Paul Wilson as sergeants in the Community Volunteer Patrol Program. Jamison is a retires Arcata School District teacher, while Wilson was a reserve sergeant with APD from 1965-71.

“This is the first time since the creation of the CVPP program in 1994 that members have been promoted to the rank of sergeant,” lieutenant Ryan Peterson stated in a release.

The swearing-in will take place at 11:30 a.m. on Tuesday, Sept. 20, and is open to the public.

$1,500 offered by City of Arcata, private donor for information on arson

Staff Report
Humboldt Sentinel

Locals are still scratching their heads over a late-night Sept. 3 fire which destroyed a children’s playground at Chevret-Vaissade Park in Arcata.

The City of Arcata has established a reward fund for information leading to the arrest and conviction of the person or persons responsible for the fire, kicking in $1,000 in start-up funds. An unnamed donor has contributed an additional $500, according to a release from the Arcata Police Department.

Cleanup of the site, located in an otherwise quiet Arcata neighborhood, is underway, with the Rotary Club of Arcata offering to match donations up to $4,000 for reconstruction of the playground.

“The community support for this park has been overwhelming,” APD chief Tom Chapman stated. “We have been contacted by several people wanting to donate funds for a reward and the rebuilding of this playground.”

While APD is accepting the donations for the “Vaissade Park Reward Fund,” they are asking donors to note in writing that if reward monies are not disbursed, donations may be used for the separate “Vaissade Park Playground Fund” being collected by the City Manager’s Office.

Anyone with information on the arson is asked to call APD at (707) 822-2428.

Letter threatens lawsuit over disclosure requirements as Council to meet in secret

By Charles Douglas
Humboldt Sentinel

An otherwise routine closed session of the Arcata City Council next Wednesday may be the beginning of the end of Nancy Diamond’s long, long tenure as their City Attorney.

Entitled “Performance Evaluation,” the item at the end of an otherwise light agenda gives the opportunity to the Council to address longstanding concerns with the conduct of Nancy Diamond, who has served in the position for over a decade. The City has lost a number of legal actions during her tenure, and her recent advice on Arcata’s constitutionally-questionable anti-panhandling ordinance has called her competence into question.

Richard Salzman stands on the street corner across from Arcata City Hall with his criminalized sign.

Local attorney Peter Martin is increasingly the standard-bearer for questions about the legal stance of Arcata City Hall. He made headlines earlier this year when he filed suit on behalf of political activist Richard Salzman to overturn many provisions of the anti-panhandling ordinance, which even criminalizes the holding of a sign at a street corner in downtown Arcata.

”I requested that they amend their ordinance so as to comply with our guaranteed protection of free speech as outlined in the United States Constitution,” Salzman stated in a release. “Since they declined to do so I felt compelled to file a complaint…against the City.”

Martin’s latest move is to send a warning letter to the City on behalf of Marc Delany, a former Design Review Commissioner who resigned last March based on an alleged violation of open meeting law by the Arcata Planning Commission. Delany’s latest complaint came in the form of a public records act request to the City, inquiring as to the total amount of fees paid to every attorney hired by the City over the past few years. Thus far, Arcata staff are refusing to provide this information, claiming it subject to attorney-client privilege.

“The cases cited by the city in support of its position actually stand for the opposite proposition, that is, that the amount of attorney’s fees paid is not privileged under California law,” Martin stated in his Aug. 31 letter. “Information about fees is privileged only if it would disclose tactics or strategy.  A request for a total does not disclose tactics or strategy.”

Martin’s point, and Delany’s, is that the City of Arcata is acting as if it has something to hide — what’s more, Delany directly attacks the City Attorney’s office for what he sees as its mismanagement of litigation.

“The purpose of the public records act is to let the public know what its public servants are doing,” Martin stated. “The City can prove him wrong, if he is, by releasing the total amount of fees paid.”

Under the Brown Act, the Arcata City Council is allowed to meet in secret to discuss the performance of their staff — although any final action taken must be reported to the public immediately afterward.