Ruling could mean dispensaries drift to outskirts of towns

by Brian Leubitz

If you’ve been to a city council meeting in the last few years, the question of where to put medical marijuana dispensaries might very well have come up. Cities have been trying to keep them away from schools, and generally away from “nice” neighborhoods. And some cities have just tried to get rid of them. And now they can do that:

Local governments in California’s have legal authority to ban storefront pot shops within their borders, California’s highest court ruled on Monday in an opinion likely to further diminish the state’s once-robust medical marijuana industry.

Nearly 17 years after voters in the state legalized medical marijuana, the court ruled unanimously in a legal challenge to a ban the city of Riverside enacted in 2010.(SacBee)

There are hundreds of jurisdictions that have followed Riverside’s lead and banned the dispensaries, so this could make a huge difference. With the federal government supposedly taking a hands-off approach, but in reality getting heavily involved, cities have backed off the issue.  With this ruling and the clarity it brings with it, local elected leaders may have to deal with the issue and the political headaches that it carries in the sidecar.

Perhaps the next question is how this will be handled in any future ballot measure to decriminalize marijuana in the state. If that comes back, will it include any provisions about the dispensaries, or will the proponents wish to keep the measure as “clean” as possible?

Scenic river faces long dry summer, risks very low flow conditions

by Brian Leubitz

I’ll admit it: I have a love affair with the Russian River. From the moment I laid eyes upon the Jenner mouth, and then driving along River Road to a spot inland, I’ve simply been enamored with the natural beauty. The wildlife, from seals to herons and ospreys to what used to be a thriving fishery. It is stunning, no matter how you look at it.

Yet if you notice near the end of that last paragraph about the fishery, you’ll soon understand the threats that the River faces. Fifty years ago, the Russian River had one of the best salmon runs, and you could catch some pretty amazing fish throughout the river. Today, there are a few decent fishing spots, but the salmon run is weak at best.

Invasive species have grown increasingly rampant. One such invader, ludwigia, a group of mostly tropical water plants, have grown wildly, choking off the river at some points, and generally becoming a nuisance. At various times efforts have been made to eradicate, such as was documented in this USDA/UC-Davis study, but the followup has always been lacking. The invaders always return, usually strengthened by their brush with death.

But one common thread runs through all the dangers facing the Wine Country’s largest river: low water flow. Water is diverted from the Russian River for agricultural and consumer use in Napa and Sonoma counties. The levels are also highly dependent upon whether the mouth of the river is open or closed to the ocean at Jenner. Over the past two years, flow has been about 125 cubic feet per second (cfs), a pretty sustainable level. But what will happen when it dips? We need only look back to 2009, when water flows were about 50 cfs. The Russian River Water Protection Committee (RRWPC) put together a very thorough photo collection of what happened then. Click here to see their 2009 photo PDF.

So what are we looking at this year? Estimates for water flow for this summer go down as low as 35 cfs. Even in better conditions, algae blooms would be common across the river (with the risk of toxic blooms). Ludwigia would reappear across the river, possibly choking clear passage. The Sonoma County Water Agency (SCWA) has indicated that there would be no mandatory restrictions for purposes of conservation.  But, prioritization of water resources still seems tilted away from the river in favor of agriculture and consumer use.

To be clear, there are simply no easy answers on these issues. As temperatures rise, invasive species will get worse. Water flow will decrease as snow pack becomes decreasingly effective for water storage. Conservation procedures will eventually become standard operating procedure throughout the state, but perhaps we are a few years away from that finally dawning on our elected leaders. The sooner we start making great efforts at conservation, the less harsh the restrictions will have to be when the more severe droughts hit us.

If you want to learn more about these issues and the health of the river generall, there is a May 16 (6pm) SCWA meeting at the Monte Rio Community Center. The issues regarding the low water flows aren’t currently on the agenda, but seem likely to come up. You can also contact Supervisor Efren Carillo, who represents West Sonoma County or SCWA management and ask them to put it on the agenda. You can also learn more at the RRWPC website.

Springs Fire has burned 10,000 acres, hot summer expected

by Brian Leubitz

The Springs Fire has already burned over 10,000 acres, but with a lot of dry vegetation, we could be looking at a long fire season. And with a pretty dry winter, there are other issues as well. We’re going to be pulling a lot of water from our storage this summer:

The final California snow survey was bad news for the millions of residents and farmers who rely on the snowpack for their water. The reading was just 17 percent of normal following one of the driest winters on record, California Department of Water Resources (DWR) officials announced Thursday.

DWR projects it will only be able to deliver 35 percent of requested amounts from the State Water Project to the 29 agencies that purchase the water. The last time the allocation was that low was in 2008. (KPBS)

While not all Californians get their water from DWR, snow pack levels impact the water of all Californians in one way or another. These low levels mean that we’ll be dipping into storage from past years. The other big question is whether we will be seeing soome rationing, but as of right now, officials are saying that isn’t coming this year.

However, considering that we had the driest first quarter of the year in recorded history, all Californians should consider conservation as much as possible.

Legislation would require labeling of genetically modified food nationally

by Brian Leubitz

California’s food labeling measure, Prop 37, was defeated by less than two points (51.4-48.6) last year, and that’s with a mountain of industry cash against a small group of determined activists. California would have been a launching ground for the labeling of genetically modified food, But with an issue like food, maybe it is better to bring at the national level.

And that’s just what Senator Boxer is doing with the Genetically Engineered Food Right-to-Know Act. Along with a strong bipartisan coalition, including such interesting inclusions as Sens. Lisa Murkowski(R-AK), Jon Tester (D-MT), Rep. Don Young (R-AK), and a slew of progressive Congress members.

According to surveys, more than 90 percent of Americans support the labeling of genetically engineered foods. That is until a campaign comes along, dumps a bunch of cash into confusion, and suddenly things change. That being said, many consumers are surprised to learn that GE foods are not already labeled.

Currently, the FDA requires the labeling of over 3,000 ingredients, additives and processes, but the agency has resisted labels for genetically modified foods. In a 1992 policy statement, the FDA allowed GE foods to be marketed without labeling, claiming that these foods were not “materially” different from other foods because the genetic differences could not be recognized by taste, smell or other senses.  

Clearly passing legislation like this will not be easy. There are still a lot of food producers that are willing to oppose this to the very end. However, informing consumers can’t really be a bad thing. After all, people are still eating foods that are labelled as containing large amounts of unhealthy ingredients as it is. This just gives people the option of knowing what they are eating. And today Sen. Boxer will be promoting the legislation at the Berkeley HQ of Clif Bar, along with some notable food producers. Getting behind this legislation would be a positive development for the industry, and show consumers that they can trust what they eat.

Former Gov. has moved on from past Minuteman support

by Brian Leubitz

UPDATE: If you are in San Francisco, there is still time to make the rally for immigration reform. It starts at 3 at 24th and Mission, and marches at 3:30 to a rally at Civic Center at 5pm.

As the days of Arnold Schwarzengger’s administration continue to drift into the rearview mirror, sometimes one can let time put that hazy mist that makes everything look a little nicer right over the whole thing.  And a little sugarcoating can do that as well. Take for instance our former Governor campaigning for immigration reform last night:

As a teenager in his native Austria, Schwarzenegger saw the United States as the only place he could achieve his outsized dreams. The 11 million immigrants now in the country illegally are not so different from his younger self, he told an audience Tuesday at the USC think tank that bears his name.

“These are all very hardworking people. They have a dream. They want to make their dream a reality,” he said.

Then, Schwarzenegger turned the stage over to two U.S. senators at the epicenter of the immigration debate in Washington. The conversation turned to the practical matter of vote-getting. (LA Times)

Considering there is a lot of work left to do on immigration reform to get comprehensive reform through the Senate, all help is welcome. But, just so we are clear here, this is that same former bodybuilder in 2005:

“I think they’ve done a terrific job,” Schwarzenegger said of the “Minuteman” volunteers, who plan to expand to California in June. “They’ve cut down the crossing of illegal immigrants a huge percentage. So it just shows that it works when you go and make an effort and when you work hard. It’s a doable thing.”

The governor added that, “It’s just that our federal government is not doing their job. It’s a shame that the private citizen has to go in there and start patrolling our borders.” (LA Times)

The Minutemen were a group so extreme that George W Bush called them vigilantes in condemnation. But, whether it was just through lack of understanding, callousness, or actual support, Gov. Arnold Schwarzenegger praised them profusely. And the following year, during his reelection campaign, he reaffirmed that support.

However, time marches on, and Schwarzenegger does have an impressive story as an immigrant. It is a pity that he didn’t stress that story to improve the lives of other immigrants earlier, but better late than never.

Deputy Natural Resources Secretary Wades in too deep

by Brian Leubitz

Anytime you say anything “isn’t worth saving” you know you are going to have a problem in an environmentally sensitive state like California. When it is about the San Francisco Bay Delta, you know trouble is ahead.

And that’s why the recent quote from Deputy Natural Resources Secretary Jerry Meral have been getting so much attention.

Advocates Tom Stokely and Barbara Barrigan-Parrilla said Meral’s comments were made during a casual conversation with Stokely at an April 15 event.

According to Barrigan-Parrilla, head of Stockton-based Restore the Delta, Meral said that the Bay Delta Conservation Plan is not about saving the Delta, and that the Delta cannot be saved. She said Friday that she was standing a short distance away when she heard the comments, and wrote them down. Stokely said Friday that her account is correct. …

“We did not put the statement out for publicity gain or just to try to embarrass somebody,” Barrigan-Parrilla said Friday. “The reason we let this statement out was to show the true intent” of the tunnels project, which she believes to be increasing the amount of water shipped to southland farms and cities.(Stockton Record / HuffPo)

Water has always been one of the deepest divisions between the North and South of the state. After Southern California figured out, despite the so-called California Water Wars that there just wasn’t enough water to support the level of development that they were anticipating, eyes in LA and surrounding communities turned north. The seeming abundance of water, especially in the 19th century, was simply too attractive to ignore. And the Delta has always been the focal point of the environmental leaders opposing the mass water transportation projects.

State law already calls for Delta conservation, and Natural Resources Secretary said the comments do not comport with Administration position:

Wolk and other senators grilled top Brown Administration members at a committee hearing Tuesday.  Meral’s boss, Natural Resources Secretary John Laird, said that comment doesn’t reflect the Administration’s position.

Laird says some Delta lawmakers could never agree to any project that takes water from the Delta, so the challenge is “how can we listen to them closely and move as close as we can to their position – even if they can’t agree.” (Capital Radio)

That is a very tough balance to strike. The Delta is the lifeblood of the Pacific Flyway and brings bountiful life and ecological diversity to our state. Giving up on it simply isn’t an option, but agricultural interests are still eyeing the water that flows into the Delta. Mass diversion will probably increase with changing climate conditions, but if we completely let the Delta go, we are losing just as precious of a resource as any we could seek to gain through the water transportation.

Capital Public radio has an interesting quick piece on the controversy. Find it here or over the fold.

California Republican Assembly leader defeated after rape comments

by Brian Leubitz

Once is a slip, an uniformed comment. Twice is a troubling pattern, but perhaps just two outliers. A third crazy rape statement  makes it pretty hard to explain away. The last thing Republicans needed as March rolled around was more fuel for the rape comment fire.

Now, Celeste Greig is hardly a powerhouse. She was president of the California Republican Assembly (CRA), once a powerful group that has been slowly slipping into obscurity in step with the fate of the California GOP in general. She commanded no votes. Her power was simply that of a “grasstops” conservative activist. Not typically the kind of people that journalists are targeting for the juicy quotes. But, Ms. Greig found time to give the Mercury News just that back at the winter California Republican convention:

Before arriving at the state GOP’s spring convention here, Celeste Greig told this newspaper that pregnancies by rape are rare “because it’s an act of violence, because the body is traumatized.” (Steve Harmon / Bay Area News Group)

Along with that, she said that Akin’s comments were insensitive, and tat they should never have been said. But by the time the reader gets to them, the factually incorrect “scientific” part of the quote has already grabbed the attention. You kind of have to feel bad for her, she isn’t really a politician, but she went ahead and talked to journalists without really knowing what she was talking about. And that is always a bad situation.

The reaction was rampant across the web as the story came out. The CRA got more attention in those few days than they had for years. But ridicule is hardly the way to bring about a renaissance, and the members of the CRA were growing restless as their election came up this week.

By an 84-78 vote, CRA members at a convention over the weekend selected John W. Briscoe, of Fountain Valley, to be president, said Aaron Park, the conservative blogger and CRA official who ran Briscoe’s campaign.

Park faulted Greig for “embarrassing headlines” and shrinking membership in the decades-old CRA, and he said the group “took decisive action to change course.”(SacBee CapAlert)

At this point, the CRA is unlikely to ever recover what they once were in the 60s and 70s, but I think many activists in the organization would settle for a quiet anonymity for the time being. Many right-wing conservatives seem to actually believe these outlandish and scientifically unsupported statements. But they just don’t want people telling reporters about them. You know, keep your dirty laundry inside and all that.

The new leader apparently shares the name John Briscoe with a Ocean View School Trustee who was creating a bit of controversy trying to display the words “In God We Trust” on schools. However, John W. Briscoe is a long time conservative activist from the OC, and apparently a well-liked member of the conservative community in Southern California.