Paper must turn over photos

BY COLBY FRAZIER
DAILY SOUND STAFF WRITER

The Santa Barbara Daily Sound must turn over to the Public Defender’s Office 144 photographs taken on March 14 shortly after a 15-year-old was stabbed to death on State Street, or face being held in contempt of court, a Superior Court Judge ordered yesterday.
In his ruling, Judge Brian Hill said the possibility of the photographs aiding either the prosecution or the defense in their cases outweighs the Daily Sound’s desire to retain sole possession of the photographs.
“Every bit of evidence that sheds light on what took place [on March 14] is important,” Hill said. “This is a search for justice and truth. All the factors weigh in favor of disclosure.”
Michael Cooney, the Daily Sound’s attorney, called Hill’s decision “a significant intrusion,” and told Hill it could have a “chilling effect” on members of the media who report on and take pictures of crime scenes.


In his written argument submitted to the court, Cooney said the California Supreme Court established a “narrow exception” to the California Journalist Shield Law, which goes into effect only when “the defendant’s fair trial rights under the Sixth Amendment of the United States Constitution [are] impinged.”
Before a news outlet can be ordered by the court to release unpublished material, Cooney said the Supreme Court has said a “reasonable possibility that the unpublished information will materially assist his defense,” must be shown. Cooney also said the reasons for the release of unpublished material must be based on more than speculation.
“They [the defense] don’t know what’s in the photographs. They’re just speculating,” Cooney said. “If it’s speculative they don’t get it.
“I don’t think the defendant is entitled to the unpublished information just because it might be helpful. I think they need to be more specific about why it might be helpful.”
Hill said he doesn’t think his decision will have a chilling effect on the media and said he believes the narrow exception, as defined by the California Supreme Court, has been met.
Cooney said Hill’s decision has broader First Amendment implications and will create an “open season” on obtaining unpublished material.
“I really think it [the decision] operates to stifle the press from taking photographs of crime scenes if what they think they’re doing is preparing testimony for parties in a criminal case,” Cooney said. “The losers are the public because the public is going to have less access to information about some of the crimes we’re most concerned about.”
Yesterday’s decision stems from two subpoenas that were served by Deputy Public Defender Karen Atkins in early July on Daily Sound Editor and Publisher Jeramy Gordon and the paper’s Co-Publisher Charles Swegles.
Atkins’ client, 14-year-old Ricardo “Ricky” Juarez, has been charged with murder in the stabbing death of 15-year-old Luis Angel Linares.
Santa Barbara County District Attorney Christie Stanley opted to try Juarez as an adult. Juarez has entered a plea of not guilty.
After receiving the subpoenas, Gordon said Atkins was retaliating against the Daily Sound for publishing Juarez’s picture, which shows the defendant sitting on the curb along State Street in handcuffs with several other boys and young men.
During an interview with Atkins shortly after the subpoenas were served, she called Gordon’s retaliation claim “ridiculous.”
Part of Gordon’s claim was based on the fact that Atkins has not issued subpoenas to any other local media outlets, most of which arrived on the scene around the same time the Daily Sound did.
After yesterday’s hearing, Atkins could be heard inside Hill’s Department 2 courtroom telling Juarez’s family: “We won this one.”
Atkins lauded Hill’s decision, calling it “scholarly analyses.”
“I’m pleased with the court’s ruling, it made sense, the judge was well prepared,” Atkins said. “I hope the [Daily Sound] turns over the pictures.”
When asked if he thinks anything new will be revealed in the Daily Sound photographs that isn’t already available in police photos, Senior Deputy District Attorney Hilary Dozer, the prosecutor in the case, said “I would think that they’re going to be all the same.”
In his 25 years as a deputy district attorney, Dozer said he’s never seen a judge order photos taken by newspaper be turned over.
Dozer said any time a court order is given to a newspaper asking it to do something it would otherwise not do, there is a chilling effect.
Hill said the Daily Sound has until Friday at 4 p.m. to hand over the photos or be held in contempt of court. If the Daily Sound refuses to provide the photos, a contempt hearing will be held on Monday at 8:30 a.m., nearly two hours before the preliminary hearing for Juarez is set to begin.
At one point during yesterday’s hearing, Hill said if he is not able to hold the Daily Sound, Swegles, or Gordon in contempt of court due to the Journalist Shield Law, he would bar reporters from that paper access to his courtroom during any hearings involving Juarez.
“If I can’t hold a member of the news media in contempt,” Hill said. “There has to be other sanctions employed to punish a member of the news media that doesn’t comply with a court order.”
Gordon deferred all comments about Hill’s decision to Cooney, who said Gordon plans to take his time to consider all of his options.
Jim Wheaton, founder and senior counsel of The First Amendment Project, a non-profit law firm in Oakland and professor of journalism and law at Stanford and UC Berkeley, reiterated Cooney’s earlier statements about the wide reaching implications Hill’s decision has on the First Amendment.
“It’s an unfortunate day when a newspaper photographer who is supposed to be a neutral observer of events gets turned into an investigator for one side in a courtroom battle,” Wheaton said. “And the danger isn’t to the newspaper it’s to the public because we want photographers and TV stations to go out and film public events without people there thinking that they’re an arm to the police or lawyers or anyone else.”
If nothing else, Cooney said the mere fact the Daily Sound has had to spend time and money fighting the subpoenas is intimidating and acts as the chilling effect.
Not only does Cooney believe the Daily Sound should not have to turn over its photos, he said small news gatherers with limited resources should be protected at the highest level.
“It’s really news gathering that’s at risk here. I think the more news gathering in a democracy the better,” Cooney said. “These are the kinds of publications that ought to receive the most protections from the courts if we want to truly have a free press.”

Locals blast oil drilling plan

BY ERIC LINDBERG
DAILY SOUND STAFF WRITER

Carpinteria citizens blasted a draft Environmental Impact Review of a proposed oil drilling project along the shore of the small coastal community, calling it flawed, severely understated and riddled with serious defects.
Officials from Venoco, Inc., the company that owns the current oil processing facility in Carpinteria and is proposing the expanded drilling project, said the document is adequate and even overstated in some aspects.

“We believe the consultants did a thorough job,” Veneco Spokesman Steve Greig said. He emphasized the benefit of increased royalties to the city and the lack of expected impacts on tourism.
However, more than 20 community members spoke out against the project at a public hearing at Carpinteria City Hall yesterday, including representatives from the Citizens for the Carpinteria Bluffs, the Environmental Defense Center, the Chumash Indian Council and Santa Barbara Channelkeeper.
As the Planning Commission and Environmental Review Committee listened, speakers outlined their arguments against the draft document. Many chose specific areas they felt lacked enough evaluation, such as visual impacts, water quality detriments, land use issues and oil spill risks, not to mention the impact on a nearby seal rookery.
Donna Jordan, among others, expressed worry about the noise that will be produced by a large drilling rig.
“Oil drilling is unavoidably an extremely noisy operation,” Jordan said. “...That makes it absolutely critical to understand exactly how much noise will be in earshot of someone near the project.”
To demonstrate potential impacts, several others offered audio demonstrations. Ted Rhodes, with the Citizens for the Carpinteria Bluffs, tossed a armful of metal pipes onto the floor of the Council Chambers before asking for more detailed analysis of noise impacts on both wildlife and residents.
Another citizen brought in a decibel meter and used a recording of an electric motor powering a compressor to demonstrate the level of noise that would be acceptable as analyzed by the draft EIR, eliciting laughs and applause from the audience.
Representatives from the Chumash Indian Council said the review of cultural impacts is not complete, emphasizing that the drilling project would severely impact their religious ceremonies held at nearby bluffs.
Many also addressed Veneco’s track record of fixing violations related to water runoff quality, pointing out infractions that haven’t been mitigated for more than five years. Nathan Alley, a lawyer with the Environmental Defense Center, said Veneco can not be expected to report or correct any violations related to this new project, since it has failed to do so in the past.
Other phrases used yesterday evening to describe the draft EIR included “foolhardy in the extreme,” “vague,” and “advocating for the project a little too much.”
The proposed project that has drawn widespread criticism from the residents of Carpinteria involves exploring oil and gas reservoirs off the coast of the town and building new, permanent oil production facilities.
If the project is approved, a 175-foot drill rig will be installed for at least six months while test wells are drilled. Then up to 35 additional wells will be drilled with a 140-foot rig that will remain at the site for six years.
Veneco officials said the project has the potential to tap into 23.5 million barrels of oil and 43 billion standard cubic feet of natural gas. They also emphasized the potential for the project to bring in $100 million in royalties to the city of Carpinteria during the 14-year project. Citizens in attendance were quick to point out that those royalties may only approach $14 million.
Yesterday evening’s meeting served only as a public hearing to gather comments on the draft EIR. Those still hoping to weigh in on the matter will have until August 9 to submit their comments, by e-mail to jackiec@ci.carpinteria.ca.us, or by mailing or delivering them to Carpinteria City Hall, care of Jackie Campbell, the city’s community development director.
Planning Commission Chairman Robert Ooley emphasized the importance of adequately evaluating Veneco’s proposed project yesterday.
“This is a highly unusual project, probably the most complicated in the history of Carpinteria,” Ooley said, adding that it might be the “most important thing to happen to Carpinteria ever.”

Microsoft buys local tech firm

BY ERIC LINDBERG
DAILY SOUND STAFF WRITER

Microsoft recently snapped up Carpinteria-based AdECN, a company that operates an electronic marketplace for the buying and selling of online advertising space.
AdECN founder and CEO William Urschel said the acquisition should bring 40 new jobs to his company and greatly increase revenue.

“We’re going to see a thousand-fold increase in our traffic over the past year,” Urschel said.
Financial terms of the deal were not released. Urschel said while Microsoft will own AdECN stock, it will remain an independent company with its own engineering team and staff.
“It’s an unusual move for Microsoft,” Urschel said. “Usually they just bring in their own people and product line.”
Nearly 40 major advertising networks use the AdECN server, representing hundreds of thousands of advertisers and website owners. The exchange facilitates connections between those trying to find spots for ads online and those offering space on their website.
ECN stands for electronic communication network, essentially a real-time, automated, auction-based exchange similar to the stock market, Urschel explained. Instead of stocks, however, members of the AdECN exchange trade spots on websites where banner ads are displayed.
Publishers offer up their inventory, or ad space on their website, defining the dimensions of the space, content allowed and the nature of the site. Advertisers describe the ad they want to run, who they want to target and how much they are willing to pay.
When a person visits a website, an auction lasting 12 milliseconds takes place and the highest bidder’s ad is loaded. Urschel said the exchange is much more efficient than each advertiser and each website owner trying to find a match on their own.
“Microsoft realized that somebody was going to come up with a good exchange, and it was going to be the crossroads of Internet advertising,” Urschel said.
Kevin Johnson, president of the Platforms and Services Division at Microsoft, said in a statement that Microsoft believes the advertising exchange will help advertisers and publishers maximize their investments.
“We believe the addition of AdECN to the Microsoft portfolio is a perfect fit and will create more efficiency for the industry by forming a more robust marketplace,” Johnson stated, adding, “This is good for the whole advertising industry.”
AdECN formed first as an ad network in 2004 before evolving into a neutral ad exchange in late 2005. Urschel said he plans to keep the business where it is, saying, “Carp is a great town.”
Microsoft and its clients will be using the exchange to sell and buy advertising space, which is one reason why they are trying to keep AdECN as independent as possible, Urschel said. Microsoft entities will also sign membership agreements and will pay the same fees as anyone else using the exchange.
By acquiring the exchange, Urschel said, Microsoft is greatly enhancing their footprint in the advertising industry and will be the only company offering a central hub for anyone who wants to buy or sell Internet ad space.
“They are certainly going to make a lot of money,” he said. “But they want it to be neutral. They don’t want Yahoo or Google to take it over.”

Aquatic life dying at Park Memorial Gardens

BY ERIC LINDBERG
DAILY SOUND STAFF WRITER

Nick Ferrara usually enjoys a quick visit to the pond in Alice Keck Park Memorial Gardens most mornings before going to work or church, watching the koi fish lazily cruise through the water and the turtles sunning themselves on the rocks bordering the pond.
When he showed up at the pond yesterday morning, however, what he saw shocked him. Dead fish floated along the edge of the shore, others gasped for air near the mouth of a small creek, although no fresh water flowed from it into the pond.

“I was the only one down here and when I saw the dead fish, I went ballistic,” Ferrara told the Daily Sound.
Park officials who arrived on the scene about an hour after Ferrara called said a power failure Saturday night caused the pumps that circulate the pondwater to stop working.
“We responded right away, because we do care,” Parks Manager Santos Escobar said. “...I think it’s just a one-time thing with the power going out.”
Escobar said without the three large recirculation pumps that push water to the top of the man-made creek, not enough oxygen entered the water, causing several fish to die. After restarting the pumps and aerator shortly after arriving, workers pulled four dead koi fish and two bass from the pond, he said.
Ferrara said when he arrived at the park at around 8:45 a.m., he noticed the water had dropped about 2 inches from normal levels, and a pungent aroma rose from the surface.
“It smelled atrocious this morning,” he said.
As fresh water entered the pond, the smell dissipated somewhat, and the water level started to rise. Water quality tests at the pond will take place today, Escobar said, and his crew will continue to skim the water, remove floating raw material and clean the filters twice a day.
Hypoxia, or a lack of oxygen in the water, is often the result of a presence of excess nutrients, according to the U.S. Geological Survey website, which causes a growth of algae, blocking sunlight and decreasing dissolved oxygen levels.
Escobar said due to warm weather over the past few weeks, algae blooms have muddied the water at the pond, similar to what is happening at the Andree Clark Bird Refuge. His crew has been adding Pond Saver, a biological enzyme that breaks down organic matter, to the pond for about three weeks.
“We’re monitoring it,” Escobar said. “We’ve been doing it on a daily basis.”
He said a combination of poor water quality and losing the circulation pumps overnight is the likely cause of the fish deaths. While algae blooms are a common occurrence during summer months, Escobar said, he’s never seen a similar die-off in his 15 years on the job.
Ferrara said he noticed the pond water getting darker and smellier over the past three weeks, and criticized the city for not doing anything about it sooner.
“It’s just uncalled for,” Ferrara said. “If they knew something was wrong with this water that could kill the fish and turtles, they should have moved them.”
Ferrara said he is also worried that some of the turtles may have died, and due to their heavy shells, dropped to the bottom of the murky pond. Park officials said about 45 to 50 large fish inhabit the pond, and the number of turtles is in the hundreds.
Organic matter from the fish, turtles and birds increases the amount of muck on the bottom of the pond, escalating the algae bloom, Escobar said. He is planning a turtle roundup in the next few weeks with the help of Turtle Dreams, a local nonprofit organization that he said will find good homes for the relocated turtles.
Escobar said in addition to organic matter from the animals, food that people toss into the pond also adversely affects the ecosystem. Park workers feed the turtles and fish twice a day, he said, asking the public to follow the rules posted on signs around the park and refrain from throwing food into the pond.
“These folks, they don’t realize what they are doing when they are feeding all these animals,” Escobar said.

Zaca Fire flares up again

BY ERIC LINDBERG
DAILY SOUND STAFF WRITER

A blanket of smoke spread across the Santa Barbara sky Saturday afternoon, a bleak sign that the Zaca Fire launched another rapid spread through the wilderness after several days of low activity.
Fire officials ordered residents in Peachtree Canyon to evacuate after flames jumped over the top of San Rafael Mountain and toward their community. High temperatures, low humidity and older trees and shrubs likely initiated the flare-up, U.S. Forest Service Fire Spokesman Joe Pasinato said.

“The fire is moving to the southwest, taking it closer to the Peachtree Canyon area,” Pasinato said. “I’m not aware of any structures being lost at this time.”
About 10 to 12 cabins are in immediate danger, he said, and an evacuation warning for Happy Canyon north of Baseline Road is also in effect.
Pasinato said winds out of the northeast fanned the flames, which had been burning in a bowl-like area in the San Rafael Wilderness before leaping out along the uncontained portion of the fire.
Forecasters expected winds to shift to the northwest yesterday evening and night, lessening the threat to that area. Pasinato expects the fire to continue its “dramatic run” today, although the forecast calls for a minor break in the hot weather.
Although official figures had not been reported late yesterday evening, officials estimate the fire has scorched more than 1,500 acres since Saturday afternoon in rugged areas that are inaccessible to fire crews. Since it started on July 4, the Zaca Fire has ravaged over 32,000 acres, with an estimated $36.5 million spent fighting the blaze.
Officials called in several hundred additional firefighting resources yesterday, and Pasinato said there should be between 500 and 1,000 additional personnel on the fire by today.
“We’ve reestablished our base camp at Live Oak Campground,” Pasinato said. “We expect the fire to be very active.”
Fire engines are currently guarding the Peachtree Canyon structures, and aircraft and helicopters continued to drop fire retardant and water on the flames yesterday. Yesterday, fire officials revised the expected containment date to September 7, more than a month later than their prediction only a few days ago of August 3.

City ponders dispensary rules

BY ERIC LINDBERG
DAILY SOUND STAFF WRITER

A recent outcry by some community members against medical marijuana dispensaries in Santa Barbara has local officials pondering changes to how those businesses are allowed to operate.
A moratorium on new pot dispensaries and stricter regulations for those currently doing business should be up for discussion by the City Council in a few weeks, city officials said.
Local residents said dispensaries located near residential areas are attracting criminals and gang members. Several owners of pot dispensaries in town said they provide a service to the community and are doing everything in their power to make their shops as safe and secure as possible.

“You can open a dispensary next to a school, or any place like that,” Mayor Marty Blum told the Daily Sound. “...One of the marijuana dispensaries is a block away from a teen center.”
While Mayor Blum said she has no problem with the medical use of marijuana, she is worried about the clientele as well as the growing number of dispensaries in Santa Barbara.
“I think there are some questionable recommendations out there from a few doctors,” Mayor Blum said. “...I don’t think we have enough of the kind of patients I’m thinking of in this town to support 10 dispensaries with more opening. We’ve got to clamp down on that.”
Possible guidelines up for discussion include limiting operating hours, regulating where dispensaries can be built, and prohibiting onsite consumption and loitering near the shops, Mayor Blum said. The concept of a conditional use permit is likely to come up, she said.
If a moratorium is approved, dispensaries already in business will remain open, Mayor Blum said, granted they are operating legally.
Glen Mowrer III, founder of the ACME Collective at 211 W. Victoria St. that has raised much of the furor in the community, said he is only trying to offer an affordable service to his patients.
“I provide a low-income service to the community, not to a select few who can afford the prices [at other dispensaries],” Mowrer told the Daily Sound.
Mowrer said he believes his neighbors and those community members upset about his location have issues with the low-income people he serves. He dismissed the idea that his shop is attracting any more criminals than any other business might.
“In essence, anywhere there is money, there is going to be crime,” Mowrer said. He said although he doesn’t have a security guard or a locked door, he keeps an eye out to make sure access is safe and that people aren’t selling his marijuana to friends out on the street.
Following the stabbing death of a teenager in the same neighborhood a few weeks ago, several community members told the City Council that the dispensary, located near a dance studio and a teen center, is a threat to the community. Calls to law enforcement officials to determine if they view the dispensary as a public safety issue were not returned.
Councilmember Helene Schneider, who along with Mayor Blum and Councilmember Grant House is bringing the issue to the Council agenda, said she hasn’t seen evidence that crime is on the rise in that area, but believes potential regulations on marijuana dispensaries needs to be addressed.
“I think the bottom line is we want to make sure the public health and safety is protected,” Councilmember Schneider said. She said to open a dispensary, owners simply have to obtain a business license from the city.
“We do have regulations on adult centers, adult bookstores, strip clubs, that sort of thing,” she said. “But there is not state mandate or regulations on dispensaries.”
Mowrer said he is only opposed to bad regulations that will negatively affect his patients, and is open to working with the community and the city to make his business as safe as possible. A manager at Helping Hands Wellness Center at 4141 State St. said he doesn’t believe regulations will seriously affect his business at all.
“We don’t really ever come across any problems,” said J.C., who preferred not to give his last name. He said his club is not located in a residential area, has security outside during business hours and strictly screens its customers. As far as the growing number of dispensaries, he said there already are too many in town.
“A few is cool,” J.C. said. “We don’t need more than maybe a handful.”
Mowrer said other dispensaries in town try to keep their competition to a minimum to drive up prices, while his collective, which operates as a nonprofit organization, is trying to make medical marijuana affordable for everyone who needs it.
“We’re trying to normalize things so that pot isn’t super expensive and people don’t want to rob these places,” he said. “The more dispensaries, the lower the price, all the better for the patients.”

THIS & THAT: First Jazz in Space

By LESLIE WESTBROOK

If you’ve ever heard traditional jazz around town, chances are more than likely it has been courtesy of Ulysses S. Jasz (no, that’s not a typo, but the historical spelling of jasz which evolved from jass to jasz to jazz), lead by banjo player Frank Franks (the pseudonym for artist/musician/Scotsman Alex Marshall). It turns out the band has one far-out fan: Russian cosmonaut Salizhan Sharipov, who is based at the International Space Center in Florida. A fella who runs a space memorabilia business in Los Angeles brought Sharipov up to Santa Barbara a couple of times to hear the band play at The James Joyce. The cosmonaut loved the music, and the rest, as they say, is history. Now the band’s two CDs, “Two Late for Valentine” and “Happy Feet” could be receiving the ultimate air-play.
The CDs feature Bill Dods (piano, trombone and sometimes both at the same time), Dick Miller (cornet), Dean Dods (on bass) and trusty leader Frank Franks (banjo).

The first time Sharipov soared in space was for eight days, making 138 orbits in the MIR Shuttle; in 2004, he took a six-month trip in the Soyuz Expedition. The cosmonaut is currently training for another half-year in space that will launch in October 2008. Better American jazz than Russian Vodka in space, no? By the way, a few current band members are leaving, so if there’s a cornet player in the house looking for a gig, you might want to track down Frank Franks at the James Joyce on a Tuesday afternoon or Saturday night. Nostrovia!

Domestic and Wild
I enjoyed strolling through the 7th SCAPE Art Show, “Domestic and Wild”, both in and outside the downtown library on Sunday afternoon. The exhibition consisted mainly of landscape paintings, all on sale to benefit PARC Foundations Douglas Family Preserve Maintenance Fund. Some 22 original works of art had sold by 2 p.m. and in addition to artists whose work is familiar to me, such as Meredith Abbotts’ and Arturo Tello’s oils and Bill Dewey’s evocative photos, I enjoyed the work of Jane Frederick (her work had a slightly surreal quality), Donald Crocker and Patricia Doyle. Another artist, Margaret Nadeau, offered me a warm welcome and with bluegrass music in the background, courtesy of Glendessary Jam, the weekend show for a good cause was a lovely distraction.

Order in the Court, continued
Popped by Honorable Judge George C. Eskin’s civilized courtroom last week to meet hizzoner’s cherished bailiff, Deputy Sheriff Thomas Green, who has been promoted. Green has been named the new Community Resource Deputy for the Santa Barbara County Sheriff’s Coastal Bureau in Carpinteria that includes Carpinteria, Summerland and Montecito. Judge Eskin’s loss will be the community-at-larges gain.
Congratulations to Deputy Green, who has been on the beat for three years, but honed his pleasant people skills at a former position dealing with customer relations at Enterprise Rent-A-Car. I was very impressed by the Judge’s kind demeanor and his ability to explain the rules simply and clearly to those appearing in court for traffic infractions and landlord disputes the morning I visited.
If you have to appear in front of a judge — hopefully to get married or as a jury member—you’d be lucky, to be under Judge Eskin’s rulings. A warm welcome to Eskin’s new bailiff, Sgt. Van Wrinkle. I assume he’s not related to Rip Van Wrinkle, who slept for twenty years, although, as I’ve learned, sitting through some long courtroom proceedings can feel like two decades.

Order in the Courtyard!
Elements Restaurant & Catering kicked off year two of their Old Spanish Days Winetasting in the Sunken Gardens of the Courthouse on Saturday afternoon from 4-7 p.m. Last year, a smallish crowd gathered, but the word must of got out: by mid week they had sold more than 350 tickets to the gathering and guesstimates put the “young and restless” crowd at somewhere between 500-600 wine tasters.
Over 30 local wineries, including Alban, Alma Rosa, Babcock, Beckman, Brander, Consilience, Fiddlehead, Ken Brown, Longoria, Ojai, Whitcraft and Zaca Mesa, among others, poured tastings. With each winery offering anywhere from two to five wines, I figure you would have to had tasted close to 100 wines to sip ‘em all. This is a great way to enjoy a favorite syrah or chard as well as make new discoveries before making an investment in a good bottle of wine. My favorite discovery was a big surprise to me (and could be to you as well) a Ken Brown Vin Gris 2006 ($18), a rose made from pinot noir that was dry, pretty and, seemingly, a perfect summer wine.
The event, co-sponsored by Destination Wine Country Magazine, a great pub under the creative guise of editor Hillary Dole Klein, promises to keep on growing. Many patrons felt that the event should be spread out wider in the lovely sunken gardens, as it was difficult to get to the food and wine in the shoulder-to-shoulder crowd under the big tent, and one attendee noted that she had a difficult time discussing wines with the winemakers due to the volume of the band. So turn it down and spread it out next year…or just keep us old fuddy duddies away!

Surfrider Show Closing
You’ve been to an art opening, right? But have you ever been to an art closing? What a clever idea. Sort of a last chance to buy a piece of work before a show comes down. That’s what East/West Gallery did on Saturday evening from 7-10 p.m. for the Surfrider Foundation’s benefit. Unfortunately, they did not get a big crowd in the early part of the evening, but maybe it will catch on like the Sunken Garden wine tasting event has. In the meantime, Viva La Fiesta!

School officials explain budget issues

BY ERIC LINDBERG
DAILY SOUND STAFF WRITER

Extra money uncovered during the Santa Barbara School Districts’ annual fiscal year analysis is due to overestimated expenses earlier this year, and will help replenish reserve coffers, school officials said.
Ed Diaz, assistant superintendent of business services, told the Daily Sound that after an extensive budget review, it appears that districts staff overbudgeted for expenditures in March, producing what he terms an “artificial windfall” among community members who are concerned that the districts laid off teachers while unaware of a budget surplus.

“As a result of a more thorough and in-depth account analysis we discovered a lot of expenditures that had been overencumbered,” Diaz said. “To complicate that, we then asked the board to make budget cuts. ... I think everything will be explained on August 14.”
On that date, he will deliver to the school board a preliminary summary of budget reviews conducted by the County Education Office and a private fiscal consultant. He emphasized that his office is not conducting an internal investigation or any sort of special process.
“We’re not doing anything other than going through our fiscal year closing,” Diaz said.
Due to the hiring and contracting process with teachers, he explained that it is tricky to estimate expenditures early in the year.
“You can imagine how difficult it can be in March when you are hiring your teachers to try to predict what your funding will be in September,” Diaz said.
He added that for the past few years, the school districts have struggled to meet the mandated reserve amount of 3 percent of the total budget. With these funds, they will meet that figure, placing $3.7 million in their reserve fund.
Thursday, Superintendent Brian Sarvis released a statement explaining the status of the budget, saying that district officials planned for a large surplus to meet reserve requirements and negotiated salary increases over the next three years.
“The state budget also has a major impact on our current budget,” Sarvis said in the statement. “To date, the state has not finalized its budget. When the districts’ 2006-07 ending balance is finalized, the board may be able to reconsider the designations of available funds.”
Last month, Sarvis announced about $5 million in budget cuts, which included increased class sizes and the loss of 40 temporary teaching positions. He emphasized that the districts rescinded all but 11 layoff notices for probationary and permanent teachers, and agreed to a 3-year contract that will improve teacher salaries.
School officials are also in the process of hiring a new director of fiscal services, and declined to comment on the reasons behind the resignation of Robert Wolfe, the former director of fiscal services.

COLUMN: The plan for "The Plan"

Blame it on my Baby Boomer mantra, “Question Authority,” or even my Sicilian heritage that tends toward extreme skepticism, especially when city officials start making nice and promising to listen—particularly when they haven’t in the past.
“Plan Santa Barbara” is a two-year process designed to culminate in the passage, in 2009, of the city’s next 30-year plan, a document intended to guide Santa Barbara’s growth and development. The planning process itself is planned by the City of Santa Barbara Planning Division, which has recently begun its “public involvement timeline.”

As part of that effort last week, City Planner Jaime Limon, accompanied by Council Member Das Williams, attended one of my neighborhood’s monthly meetings to discuss Plan and the process.
Bearing a beautiful, full-color brochure, complete with lots of exclamation points (Plan Santa Barbara! You have the power to shape Santa Barbara’s future!), they initiated a discussion with skeptical neighbors who had much to say. Too many of us have been deeply disappointed with the actions of the same folks pushing the plan who have allowed the unprecedented intrusion of overdevelopment into a fine neighborhood. Many believe their years of citizen involvement—stealing time from families, work and leisure activities—has resulted in nothing but frustration, anger and a declining quality of life in a place we call home—some of us for more than 50 years.
Now I have no quibble with Williams; he has consistently represented neighborhood interests admirably. In my experience, he has regularly shown more willingness to listen to a differing viewpoint than any other city official, and works to find workable solutions. But I can’t say the same for the rest of the city administration, particularly the city’s planning staff, which seems determined to push an agenda that leaves citizens shut out, shut down and shut up.
Looking beyond the pretty pictures and fast talk, the application of a little critical thinking and historical context raises three major objections to the obvious plan for “Plan Santa Barbara.”

1) The Language: “Let Us Know What You Think!” reads the questionnaire handed out to residents. But the questions are designed only to elicit how the questioner feels:
• What do you love about Santa Barbara?
• What are your hopes for the city’s future?
• What are you most concerned about?
Look again at these questions. Love, hope and concern are words that elicit emotion, not rationality; generalities, not specifics. This touchy-feely approach is more appropriate to initiate discussion in an encounter group than to gather and tabulate specificity for a highly technical, state-mandated document.
If our city truly wants to know what we think, why didn’t they create a rational-based questionnaire that could be tabulated and quantified? Reliance on unprompted emotion could lead to way too many comments that are unusable in a document that requires specifics.

2) The Half-Truth: In the handout generously provided by our city, Alice Keck Park Memorial Gardens is touted as an example in the section entitled “Community Driven Results.” But the rest of the story is about the legal battle against the city that broke Pearl Chase’s heart.
If the city had its way, there would be two nine-story condominium towers standing where Alice Keck Park Memorial Gardens is now situated. The Planning Commission, ABR and City Council, as well as the entire business community, pushed to authorize the construction on the site, then touted as absolutely necessary development for Santa Barbara’s continued vitality.
When the grass-roots citizens’ lawsuit against the city was heard, Judge Underwood ruled against the city, stating the plan for the condos “…did complete violence to the comprehensive general plan.”
The park was created only after the citizens beat the city in court and wealthy philanthropist, Alice Keck Park, anonymously bought the land and established the gardens. This bit of history is especially ironic that the city currently faces at least three lawsuits filed by citizens’ groups to address similarly inappropriate development and process.

3) The Insulting Goal: On the page entitled “City Council’s Goals,” there are several admirable guidelines to shape the “Plan SB” process. But the one that simply jumps off the page reads, “Encourage public involvement and participation at all levels of city planning and other government activities.”
Participation without results leads only to increased frustration and greater alienation. Neighbors are right to be on high alert about this plan and any other pushed by the city’s go-go-development City Planning Department. All too often it has only been the lawsuit, not the listening session, that has compelled the city to change its plan.
Questions? Comments? E-mail letters@santabarbarafree.com

EDITORIAL: Development is bad news for Riviera

You can never be too prepared for a natural disaster, especially if you live in an area prone to natural disaster. Currently, there is a fire in Santa Barbara County that has been burning for nearly three weeks and is still only 65 percent contained. The fire has charred 31,000 acres. The past 12 months have been the driest in Santa Barbara county in more than 100 years.
Wild fires pose a serious risk and it’s important to be prepared for these types of emergencies. For residents of Santa Barbara’s Riviera and Mission Canyon neighborhoods, emergency preparedness is a major issue.
At the end of April, the City of Santa Barbara conducted a massive evacuation drill of the Riviera neighborhood, and the results weren’t good. Had that drill been real, a lot of people would have died. Major communication breakdowns between emergency crews were found.

The city is currently trying to work out these issues, but what are we to do in the meantime?
A proposed subdivision of an 8-acre parcel at 561 W. Mountain Dr. into four separate plots, which would share a private access road already used by five properties, sparked a discussion about the safety of those who live on the Riviera at Tuesday’s council meeting.
Property owners stood in front of the City Council protesting the proposed subdivision saying that additional traffic is a major safety threat.
Councilmembers and concerned citizens spent most of the night discussing the project that has already been approved by the city’s planning commission and is just waiting for its OK from the city.
Streets in the area are already narrow and aggravated by illegal parking, and adding more cars to the road will only further the problem.
This development is bad news for anyone residing on the Riviera. The amount of lives that would be lost if a massive fire were to break out there today is unfathomable.
Until the city planning commission wakes up and decides to consider the safety of the citizens over new development, you will have to take matters into your own hands. Make sure you have multiple exit routes, in case of road closures; be prepared to leave your home and personal possessions behind; and always make sure you have an adequate supply of food and water on hand for you and your family.

Want to comment on this editorial? Send a letter to the editor to letters@santabarbarafree.com

800 kids to get free school supplies

BY NICK DURNHOFER
DAILY SOUND CORRESPONDENT

Eight hundred local children will receive free backpacks stuffed with school supplies this weekend as the result of a coordinated effort between four different denominational churches.
Nearly 200 volunteers from All Saints-by-the-Sea Episcopal Church, El Montecito Presbyterian Church, Montecito Covenant Church and Our Lady of Mount Carmel Catholic Church will gather on Saturday from 10 a.m. until noon at Santa Barbara’s Covenant Church. They will cram the backpacks full with pencils, sharpeners, crayons, erasers and paper for local K-12 students.


The churches will donate the estimated $10,000 worth of supplies to Peoples’ Self-Help Housing, a nonprofit organization which owns 1,200 apartments and 1,000 low-income properties, which will deliver the backpacks to ten locations from Carpinteria to Guadalupe.
Covenant Church Pastor Don Johnson said this is the second charity event the four churches have conducted together.
“The project is really exciting,” Johnson said. “The four parishes really got together ... and we said, ‘Isn’t it great to be working together instead of against each other? Isn’t it great to do something that isn’t self-serving?’”
Johnson said the four churches had previously coordinated an AIDS benefit in November by providing 1,000 care gifts which could support seven people in Rwanda for three months. He said the churches were moved by a Peoples’ Self-Help Housing presentation.
“[They] won our hearts,” Johnson said. “This is a group that charters affordable housing for working class folks and tutoring for kids ... It’s us making a difference in the lives of these kids.”
He said he was impressed by the dedication of the volunteers. One anonymous donator provided 800 Payless Shoes giftcards, Johnson said. Once the backpacks are sorted, several Self-Help Housing vans will deliver the donations to ten of the organization’s properties.
Peoples’ Self-Help Housing Program Assistant Katie Falbo said her organization has managed properties and tutorial centers since 1970. The group’s fundraisers include building programs and toy drives.
She said she was pleased by the churches’ participation in the backpack drive.
“This is such an impressive effort,” Falbo said. “We’re really thankful for everything they’re doing for our neediest kids.”
Covenant Church is located at 671 Cold Spring Road. Peoples’ Self-Help Housing maintains its Santa Barbara office at 26 E. Victoria St.

City to host Amgen Tour again

BY NICK DURNHOFER
DAILY SOUND CORRESPONDENT

For the third year in a row, Santa Barbara County will host two races in the 2008 California Amgen Cycling Tour, an event which drew nearly 1.6 million spectators last year.
Solvang and Santa Barbara will each host one segment on Feb. 22 and 23, respectively, in Amgen’s 12-city tour which spans nearly 700 miles. While Santa Barbara serves as the starting place for stage 6 of the Tour’s 7-stage race that starts in Palo Alto on Feb. 17 and ends in Pasadena on Feb. 24, the cyclists involved will also engage in a single time-trial race held solely in Solvang. Last year’s event brought Santa Barbara County 15,000 spectators and $1 million to local businesses.

In a press release issued yesterday, both Solvang Mayor Ken Palmer and Santa Barbara Mayor Marty Blum, said that they were excited to see Amgen return to their cities.
“I would like to express our great delight that our fine city has once again been chosen for a time trial stage,” Palmer said. “We hope you will enjoy the hospitality here in the Danish Capital of America."
Blum stated that she was greatly anticipating travelers to Santa Barbara.
“I am excited for our residents and visitors to see world-class cycling and for the cyclists to enjoy the beauty of Santa Barbara again,” Blum said.
The race which generated $100 million for the state, attracts several world-renowned cyclists and is the largest bicycle race in the U.S. Last year’s winner, Levi Leipheimer, placed fourth in 2006’s Tour de France. The Amgen Tour also benefits the Breakaway From Cancer education and funding initiative, which donates money to cancer patient support groups and programs.
Both Santa Barbara and Solvang issued bids to Amgen in order to host legs of the tour, competing with various other California cities.
Santa Barbara Conference and Visitors Bureau Communications Director Shannon Brooks said the city’s bid included proposals covering costs for cyclists’ hotel stays, police, local marketing and promotion and road maintenance. She said a local organizing committee helps finds sponsors such as Cox Communications to assist with expenses for the Santa Barbara race which, last year, included 125 cyclists and 5,000 spectators. Last year’s event began on Cabrillo Blvd. near East Beach and went through Montecito on Hwy. 192.
Meanwhile, Solvang Conference & Visitors Bureau Executive Director Tracy Farhad said that her city’s bid from last year included five sponsors such as Firestone Vineyards, Figueroa Farms and Union Bank. She said Solvang’s organizing committee had an $88,000 budget and gave $11,500 to charity groups.
More than 10,000 spectators and 300 cyclists arrived in Solvang last year for the six-hour race. Farhad said the city had valets for cyclists and held contest-fundraisers, including one in which participants decorated the race courses’ port-a-potties.
“One was decorated as a horse barn,” Farhad said. “Another was a tea-potty.”
She said this year’s race will take into account complaints from residents made last year.
“There was concern about access through the town and roads being closed down for so many hours,” Farhad said. “We plan to have an east-west detour route.”
In a statement issued yesterday, Amgen California Tour Managing Director Shawn Hunter said he promised an exciting cycling race.
"From the world-class riders and aggressive and challenging competition, to the tremendous amount of support from the fans and host cities, the Amgen Tour of California has grown to become a highly anticipated event within the international cycling community in only two years,” Hunter said. “Now in our third year, fans can expect the best race yet."

Museum gets massive donation

BY ERIC LINDBERG
DAILY SOUND STAFF WRITER

Santa Barbara’s Museum of Natural History just got a mammoth donation. And it’s not cash.
It’s, well, a mammoth. The skeleton, to be precise, of a Mammuthus meridionalis, or Southern mammoth, the earliest known species of the great beast.
Unearthed during construction of a housing project in nearby Moorpark, the giant specimen will come to Santa Barbara courtesy of the Moorpark City Council, which approved the donation last week.

“It’s probably the most significant find in all of Ventura County, if not all of Southern California,” Moorpark Councilmember Roseann Mikos said last week. “...We’re not equipped to take care of it. A museum like the Santa Barbara Museum of Natural History is a perfect place for something like this.”
One of the unusual things about this particular discovery is how much of the skeleton has been recovered. Paleontologists estimate they have about 80 percent of the skeletal remains. Typical mammoth finds are usually limited to a tusk here, a tooth there.
“It’s quite a discovery,” Hugh Riley, assistant city manager for Moorpark, told the Daily Sound. “This is the first time they’ve found so much of the animal’s remains.”
Karl Hutterer, executive director of the Santa Barbara museum, said the discovery is coming at a great time, in the midst of an overall renovation of the Paleontology and Geology Hall. He plans to bring the mammoth as the focal point of that section of the museum.
Paul Collins, curator of vertebrate zoology at the museum, estimates that the reconstructed skeleton will stand about 12 feet tall at its shoulders, with tusks about 8 feet long.
“Our blue whale is on this kind of scale, but in terms of terrestrial mammals, we don’t have anything like this,” Collins said. “We’re talking big.”
Collins said the Southern mammoth predates other species, such as the Colombian or Imperial mammoths, which have been found in Southern California in places like the La Brea Tar Pits. He estimates the age of the once-hairy beast to be around 800,000 to a million years old, placing it in the early Pleistocene epoch.
Riley said Southern mammoth remains have only been discovered on two other occasions in Southern California, and he hopes the museum will move forward with a public exhibit.
“We took ownership of the fossils and I’ve been searching for a permanent home for them with a museum that will not only take care of them and curate them, but also has a desire to do something with them,” Riley said.
For now, the bones are resting in a warehouse in Santa Ana, where paleontologists are carefully examining them and preparing them for shipment. Once they arrive in town, Collins and his staff will work to fully excavate and stabilize them before deciding if they can go on display.
That process includes extracting the skeleton from any remaining soil, cleaning the surface of the bone, and possibly hardening the bones. Museum staff will then have to decide whether to put the real bones on display, or make casts of them.
“The nice thing about exhibiting the real bones is when the public comes to visit, they know they are looking at the real thing,” Collins said.
Museum officials are considering a work-in-progress sort of exhibit, where the public would be able to watch a skeletal reconstruction take place before their eyes. Hutterer said visitors will be able to ask staff questions as they work on the skeleton, learning more about paleontology and archeology as they watch the project unfold before them.
While Collins said it is too early to put a time frame on when the project might near completion, he said arrangements are currently being made to ship the fossils to Santa Barbara.
“It’s a neat opportunity, and it’s out of our own region,” he said. “It’s a nice fit for the institution.”
Hutterer said the skeleton should be moved within 60 days, and his staff will work to clear space and set up heavy-duty shelving for the restoration process. He emphasized the specimen’s consistency with the museum’s focus on the history of the South Coast region.
“We don’t have dinosaurs here, we have mammoths,” Hutterer said, adding, “It’s going to be quite impressive.”

Kids scream for their safety

BY ERIC LINDBERG
DAILY SOUND STAFF WRITER

As more than 60 kindergarten and first-grade students rose to their feet to practice their “Superhero Safety Yell,” organizers of a safety program at Foothill Elementary School warned parents to cover their ears.
“I want you to yell “No!” at me louder than you have ever yelled in your life,” Ann Bryant, an education coordinator with Child Abuse Listening and Mediation (CALM), told the kids. “1...2...3!”
“Nooooo!” they shrieked, their tiny bodies producing a roar rivaling that of a jet engine.

As they take part in the week-long “Safety Town” program, the kids will learn about pedestrian, earthquake, bicycle, beach, pool and home safety, as well as how to avoid drugs and strangers. Police, firefighters, paramedics and even Smokey the Bear make appearances throughout the program, held at various times throughout June and July.
“They come home and they love to talk about what they did that day,” Gabriella Frederick, whose 5-year-old son Zane is attending Safety Town this week, told the Daily Sound. “...He really liked Smokey the Bear.”
Organized by Soroptimist International of Santa Barbara, the program features lessons indoors and in a miniature model of a city built to the scale of the kids. They practice driving and pedestrian safety with small toy cars, said Jo Bittner, Child Director for Safety Town.
“They learn how to cross the street safely,” Bittner said, adding that the children behave themselves and don’t try to hit each other while driving.
Yesterday, Bryant came to speak to the kids for about half an hour, involving them with a discussion of the differences between good touching and bad touching.
“You don’t ever ever ever ever have to keep a secret about someone who tries to touch your private parts,” Bryant said, eliciting a few giggles from the crowd.
Several kids suggested high-fives, holding hands with a friend and hugging as examples of good touching. Bryant also asked for examples of bad touching, receiving responses ranging from punching to throwing rocks to chopping off someone’s head and running away.
Gabriella Frederick said she talks to her children about safety often, but finds that Safety Town has been a little more successful.
“It’s rare that they get this focused,” Frederick said. “It’s a little more exciting when they have their teen counselor and their friends here with them.”
About 40 teenagers volunteer their time to help out at Safety Town, Bittner said, which lasts from 8:30 a.m. to noon. Bryant said the “Superhero Safety Yell” is usually one of the more popular exercises among the kids.
“I tell them to make my ears hurt,” she said, “and they do a very good job.”

Committee supports suicide barrier

BY ERIC LINDBERG
DAILY SOUND STAFF WRITER

Building a barrier on the Cold Spring Arch Bridge is the most effective way to prevent people from committing suicide there.
That seemed to be the general consensus at a townhall meeting on preventing suicide along the San Marcos Pass bridge held yesterday evening in Santa Barbara. Representatives from Caltrans, the Glendon Association and law enforcement gave presentations and spoke with local residents.

“I’ve never seen such an overwhelming response from the public,” said Nevin Sams, a safety engineer with Caltrans. “...It wasn’t a matter of should it happen, it was how fast can you get it in?”
Since the bridge was built in 1964, 43 people have jumped from it to the rocky canyon below. Just last week, CHP officers said a women who led them on a high-speed chase before crashing on State Route 154 told them she wanted to jump from the bridge.
“I don’t want to see anyone else die, and I don’t want to see any of my officers get hurt or die trying to help somebody,” Commander Dominick Palera, with the Santa Barbara County Sheriff’s Department, told the crowd.
He showed a video captured last year of officers rescuing someone on the bridge who was threatening to jump. They leaned far over the railing to grab the man and pull him back to safety, one of the officers nearly losing her balance and falling herself.
Some local residents raised concerns over the aesthetic impact of adding a barrier that officials say has to be at least 6 feet tall and cover the entire span of the bridge. The arch bridge is in the process of being registered as a Historic Structure, and some people expressed worry that it will destroy its “classically beautiful” appearance.
“There are concerns about what this bridge will end up looking like,” Caltrans Spokesman Jim Shivers told the Daily Sound. “We want to put up a project that will save lives without impacting the historical significance of the bridge.”
Jamie Rotnofsky, executive director of the Glendon Association and former psychologist and crisis worker, said there are a lot of misconceptions about suicide. Those who attempt suicide, she said, are often acting on impulse, are not thinking clearly and those who survive rarely attempt to kill themselves again.
“Unfortunately, it’s a permanent solution to a temporary problem,” Rotnofsky told the Daily Sound.
With the barrier, Rotnofsky said statistics taken from other bridges show that the number of suicides at the Cold Spring Arch Bridge should drop to zero. Also, if they are deterred, Rotnofsky said, studies show they won’t go find another place to kill themselves.
Officials hope to complete an environmental study in the spring of 2008 and hold more public hearings. With the design phase slated for completion by the fall of 2009, the proposed construction of a barrier will take place during the summer of 2010.
Current cost estimates hover just above $600,000, and the project will be paid for with state transportation safety funds, Caltrans officials said.
The Cold Spring Canyon Arch Bridge Suicide Prevention Committee is made up of members from Caltrans, the Glendon Association, California Highway Patrol, county Sheriff’s Department, SBCAG, Family Service Agency, the Department of Alcohol, Drug and Mental Health Services and ACCESS Team.

Shows to raise money for schools

By NICK DURNHOFER
DAILY SOUND CORRESPONDENT

In an attempt to offset potential Santa Barbara School District budget cuts, one local theater company will donate all of its proceeds to elementary music programs following a performance opening this weekend.
Markam Theatre Productions opens its second annual music review, “Nothing But Broadway,” on Friday at 7 p.m. in the Marjorie Luke Theatre. The performance features 14 Santa Barbara high school students and graduates and features musical numbers from Broadway shows such as “A Chorus Line,” “Rent” and “Chicago.” The theater group decided to donate its proceeds after hearing an SBSD April proposal to reduce music program funds by $136, 701.


Markam Founder and current Santa Barbara City College student Adam Trent said he wanted to help the school district’s performing arts programs because local productions already run on stringent budgets. The theater troupe was founded by three Dos Pueblos High School graduates in 2005 and sold 700 tickets over the course of three performances last year.
“A lot [of musicals] are funded by parents,” Trent said. “It’s nice to have some funding for musical performances.”
However, SBSD Coordinator of Special Projects and Communication Barbara Keyani said that while additional funding is always helpful, the proposed budget cuts are not final.
“Several things are going on right now,” Keyani said. “The School District is doing an additional review of the budget ... There is a possibility of restoring [program funds] on Aug. 14.”
Meanwhile, Trent said the performance was still necessary even if the proceeds donated only represent a small portion of the elementary schools’ programs.
“Even if it’s not enough, the goal is to make it aware to the community that this is important.”
Performance Producer Stephanie Morse said she believed the programs are important based from her previous experiences in school performances.
“We feel that we received a great gift,” Morse said. “We’d be so sad to see that not continue.”
She also said that while the show maintains the identical name as last year’s production, none of the songs are the same. Morse said the show’s set design is minimalistic, but that its musical numbers are all well-costumed.
“They’re all Broadway tunes and very recognizable,” she said. “We tried to keep them as true to the musicals they came from.”
Trent said the musical revue cost $6,000 to produce and received funding from the Dreier Family Rent Subsidy Fund, an organization that assists with performance costs through community donations. He said Markam has already performed select songs at Santa Barbara Cottage Hospital and will also take its show to the Santa Barbara Cancer Center and two local retirement homes.
Admission costs $15 for the general public and $10 for students and seniors. Theater-goers can order tickets from Event Manager Gwen Ballinger at (805) 680-5552 or purchase tickets at the Marjorie Luke Theater door, located on 721 E. Cota St. in Santa Barbara. Additional theater performances take place Saturday at 2 p.m. and 7 p.m.

Weather aids Zaca Fire

By NICK DURNHOFER
DAILY SOUND CORRESPONDENT

Fire fighters dousing Zaca flames expect to extend their stay by one week following recent reports estimating containment by August 3.
The fire, which began on July 4 north of the Santa Ynez Valley, has burned over 31,000 acres of wilderness and cost $31.9 million to fight. Although authorities had originally estimated an end to the blaze by Friday, firefighters are now projecting August 3 as the final date, due to flames burning in Zaca’s eastern rough patches.

As of yesterday, authorities had officially contained 60 percent of the fire. Zaca Informational Officer Eric Neitzel said firefighters’ latest efforts to reduce fires were successful, but that future progress was also dependent on climate.
“We’ve had pretty good weather,” Neitzel said. “There’s been no forward advancement in fires. If we do get some hot and dry weather, there might be some fire activity. We cut 10 miles yesterday and we have another 10 to go.”
As of yesterday, fire fighters had battled Zaca Wildland fires with over 800 personnel, 20 helicopters, 2 air tankers and 12 fire engines. While 8 personnel have sustained injuries, Neitzel said none of the incidents included any major afflictions.
“We had one twisted ankle and one broken leg, but no burns,” Neitzel said. “Actually, you don’t normally get in wildfires. We’ve been really fortunate.”
In recent attempts, Neitzel said aircraft were no longer necessary to contain the fires and that most efforts have focused on clearing vegetation and digging patches to prevent any blaze extensions.
While all evacuation notices were lifted by the Santa Barbara County Sheriff’s Dept. Office on Sunday, including warnings for the Peachtree Canyon Ranch area and the Los Padres National Forest, some roads remain closed. Shutdown roads include areas from Hwy. 166 to Hwy. 33 in southern Ventura County, Happy Canyon Road east at Baseline Road and the Figueroa Mountain road to the east at Highway 154.
A week earlier, Santa Barbara County residents of nearly 50 homes were allowed to return to their houses following a temporary evacuation notice. The notice was lifted after firefighters were successfully able to prevent the fire from spreading with the use of backfires.

Fire chief calls disaster communication essential

BY ERIC LINDBERG
DAILY SOUND STAFF WRITER

Santa Barbara Fire Chief Ron Prince told City Council that getting information to the public is one of the key issues in determining how prepared Santa Barbara is to handle a major disaster.
Chief Prince presented a report to the Council yesterday on what fire officials are doing to make Santa Barbara a more disaster-resistant community.
“In the event of a disaster, the measure of how well we did will be determined by how well we communicate with the public,” Chief Prince said.

He highlighted several projects that aim to disseminate vital information to residents if Santa Barbara is hit by a wildfire, tsunami, earthquake, or other major disaster. Among those projects is a new website launched by the city, www.santabarbaraca.gov/OES, which provides information on emergency preparedness and evacuation plans.
In addition, Chief Prince said his staff is working on developing the 2-1-1 information hotline.
“As more and more people learn about it,” Chief Prince said, “it will take a lot of pressure off of our emergency dispatchers.”
In the future, he said emergency officials plan to look into using a low-power AM radio station to broadcast messages as well as working with reverse 9-1-1 technology that will allow emergency workers to call residents to warn them of an impending disaster.
Providing as many sources of information to the public as possible is essential, Chief Prince said, adding, “There is just no one panacea that is going to help us get the word out.”
Michael Harris, director of emergency operations for Santa Barbara County, echoed Chief Prince’s emphasis on getting vital information to the public in an emergency and pledged the support of his staff.
“The County of Santa Barbara is totally committed to working with cities to get information to the people,” Harris said.
Councilmember Grant House emphasized the need for residents to develop an emergency plan regardless of what resources the city may be able to provide.
“Each household needs to be prepared,” Councilmember House said, “so if they can’t get information, if they can’t get help right away, they can survive.”
Chief Prince also discussed recent efforts to educate the public about emergency situations, including training programs and presentations to children. The city gained five new instructors for Community Emergency Response Team (CERT) training sessions, which are 8-week courses for local residents in fire safety, triage and medicine, search and rescue, and other areas of disaster response.
Over the past two years, Chief Prince said, about 400 people have taken and graduated from CERT classes. In the past year, his staff has also given more than 500 public education presentations and provide emergency training for 600 kids, he said.
A full-scale evacuation drill of the Riviera also took place earlier this year, which Chief Prince said was very successful with 70 percent of residents participating in the exercise.
“They really put forth a great to help us evaluate [evacuation plans for the Riviera],” Chief Prince said.
Councilmember Das Williams suggested holding a similar drill for city employees, and the fire chief said he is definitely planning exercises involving staff in the future. In addition, Chief Prince said he hopes to work with county officials in the coming months on a tsunami preparedness plan.

Busy station to get makeover

BY ERIC LINDBERG
DAILY SOUND STAFF WRITER

The busiest fire station in Santa Barbara is about to get an extreme makeover and a little more funding to help run the facility.
The Santa Barbara City Council voted unanimously yesterday to increase funding and proceed with final design plans for the renovation of Fire Station No. 1.
The station does not meet current seismic codes and is in danger of collapsing in a major earthquake, city staff said. Also, there is a lack of adequate space to accommodate the fire crew and office staff.

“The one building that has to be left standing in an earthquake is the fire department,” Mayor Marty Blum said.
Located at 121 W. Carrillo St., the station hasn’t been modified since 1959, and has been in continuous use for the past 47 years, city officials said. Employees have witnessed metal supports in the fire engine bays vibrating violently during moderate seismic events.
Councilmember Das Williams agreed with Mayor Blum, saying, “This is one of our most vital buildings in the case of an emergency.”
The Council approved increasing the funding for the project by $1.26 million from Redevelopment Agency contingency funds, bringing the total cost of the renovations to more than $5 million.
Councilmember Brian Barnwell suggested using city reserves to fund portions of the project.
“If there is any use of reserve money that is worth dipping into, it may be this,” Councilmember Barnwell said. “...At some point, you have to say to yourself, what am I saving this money for?”
Councilmember Iya Falcone agreed, adding, “Having all the money in the world after a disaster won’t help if we don’t have a standing fire station.”
Fire Station No. 1 responds to more than one-third of all fire and medical emergencies in Santa Barbara, city staff said. It houses administration, fire prevention, public education staff, as well the Office of Emergency Services and Wildland Fire and Training Divisions, not to mention the primary fire crew.
In addition to seismic renovations, the building needs about 5,000 additional square feet to accommodate its personnel, city staff said. Although the fire station will remain in operation during the renovations, all non-shift personnel in the building will need to lease office space elsewhere.
Once construction is complete, only seven staff members out of 24 will have room to move back, and the remaining personnel will have to continue to lease space until a permanent office solution is funded. Renovating a nearby city-owned building is an option, staff said, but would increase project costs by about $4 million.
City staff hope to complete the final design phase of the project and open it to construction bids by the end of the year.

Subdivision sparks evacuation debate

BY ERIC LINDBERG
DAILY SOUND STAFF WRITER

A hotly contested subdivision project in the Riviera gave members of the Santa Barbara City Council the opportunity to address a larger issue: getting residents safely out of the foothills in the event of a wildfire.
While discussing the appeal of a proposed four-lot subdivision on Mountain Drive, the Council emphasized the need to examine the effectiveness of fire evacuation plans for the Riviera and the reliability of escape routes.

“I don’t think we should be approving any more projects in high fire-hazard areas,” Councilmember Brian Barnwell said. “...I will not feel comfortable in the future approving any project if we are adding more cars to the road.”
Councilmember Iya Falcone agreed that the fundamental concern raised by neighbors opposed to the subdivision is an “underlying, basic fear of getting out.” She lobbied for a study of the area to determine whether residents of the fire-prone foothills will be able to escape a fast-moving blaze.
A proposed subdivision of an 8-acre parcel at 561 W. Mountain Dr. into four separate plots, which would share a private access road already used by five properties, sparked the discussion at yesterday’s Council meeting. Neighbors appealed a Planning Commission vote of 4 to 3 to approve the project, saying it will put the public’s health, safety and welfare at risk.
“The real concern is everyone getting out in the event of a fire,” said Craig Christenson, who filed the appeal and is one of the property owners who shares the private roadway. “...The neighborhood is not supportive of this project, make no mistake about it.”
Christenson said streets in the area are already narrow and aggravated by illegal parking, and adding more cars to the road will only further the problem.
Bruce Bartlett, speaking for the Planning Commissioners who supported the project, disagreed with Christenson, calling it a “model project” for subdivisions in the future.
“The developer has done everything in their power to make this a good project,” Bartlett said.
He argued that existing properties in the area would be better off in terms of fire access with the project, which would clean up much of the overgrowth of vegetation on the property. Santa Barbara Fire Chief Ron Prince agreed, telling the Council that the project would reduce the fire hazard and improve the water supply and access to the property.
“Our staff feels very comfortable with this project’s approach to fire safety,” Chief Prince said.
Councilmember Barnwell dismissed the argument that the project will improve fire access beyond a small fire in that location, saying that in the event of a major wildfire, firefighters are going to be worried about getting people evacuated safely, not protecting structures or trying to access properties like the proposed subdivision to fight the blaze.
John Jostes, a member of the dissenting Planning Commissioners, said the project would be much better off as a three-lot parcel, explaining that density issues are much more important in high fire zones. A nearby resident agreed, urging the Council not to let her neighborhood turn into another Mission Canyon, calling that area overdeveloped.
“There is a lot of good to say about this project,” Councilmember Helene Schneider said, citing the green-building techniques, defensible space and willingness on the part of the developer to work with neighbors and city officials.
However, the overall impact of adding three new homes to the area, and keeping the current structure on the property, eventually outweighed those positive aspects.
The Council seemed to agree that reducing the subdivision to three lots would help placate the neighbors and mitigate some of the issues with access and evacuating during a disaster, voting unanimously to have the developer revise his plans to a three-lot subdivision and return to Council for approval.
However, Councilmember Grant House reiterated that there is a “critical” need to study evacuation plans in the area, saying, “The issues raised today exist whether or not this project exists.”

Police arrest three in gang fight

BY ERIC LINDBERG
DAILY SOUND STAFF WRITER

Authorities arrested three teenagers after a gang fight on State Street last Saturday left a 16-year-old with stab wounds to his leg, police said.
An employee of Circuit City at 3761 State Street walked to a nearby fast-food restaurant with two friends at about 2:35 p.m., where they were confronted by at least three suspects armed with knives, Santa Barbara Police Spokesman Paul McCaffrey said.

As they returned to Circuit City, a fight broke out and one teen sustained a minor stab wound to his right hip near the entrance to the store, McCaffrey said. Police arrested three minors, including the 16-year-old stabbing victim, as well as another 16-year-old and a 14-year-old, booking them for probation violations and challenging to fight.
“They got caught up in this because of their gang involvement,” McCaffrey said. “It’s a cycle of violence ... and the police department has taken a very firm position against that.”
Saturday’s gang stabbing comes in the wake of another gang-related brawl in Santa Barbara’s Westside on July 16 that left 16-year-old Lorenzo Valentin Carachure dead. McCaffrey said some progress has been made in that case, but declined to release any details due to the ongoing investigation.

Two arrested in Carpinteria gang brawl

BY ERIC LINDBERG
DAILY SOUND STAFF WRITER

Two men are in custody after a gang brawl broke out near Aliso Elementary School in Carpinteria on Friday evening, sending a 17-year-old to the hospital with stab wounds to the chest and side, authorities said.
Santa Barbara Police detained and arrested Javier Magdaleno, 20, and Andrew Martinez, 21, both of Moorpark, after they fled the scene of the fight, Santa Barbara Sheriff’s Spokesman Erik Raney said.

“It was your typical rival gang stare-down situation that erupted into violence,” Raney said, explaining that the victim and several other people had been hassling the suspects because they were not local residents prior to the fight breaking out.
Sheriff’s deputies booked Magdaleno and Martinez into County Jail on charges of attempted murder and conspiracy, authorities said. Raney said the victim’s injuries were not life-threatening, and he was treated and released from Cottage Hospital.
Sheriff’s investigators are still looking into the incident, Raney said, and are not sure if the fight involved any weapons other than a knife.

Capps, Miller blast NLRB delays

BY ERIC LINDBERG
DAILY SOUND STAFF WRITER

Congresswoman Lois Capps joined Congressman George Miller in urging the National Labor Relations Board to resolve the election certification cases before them in a timely manner, including the case involving the Santa Barbara News-Press and its employees.
In a letter to NLRB Chairman Robert J. Battista, Capps and Miller cited an Inspector General report that shows substantial delay in decisions made by the board, affecting employees seeking union representation.

“Almost a year has passed since the News-Press election,” Capps and Miller wrote. “...Delay in such cases undermines the [National Labor Relations] Act, with a disparate impact on employees particularly in cases where it is found that the election complied with the law and the employees chose union representation.”
The two representatives added that they are not taking a position on the merits of the News-Press case or any other election certification cases before the board, but simply urging their timely resolution.
Ten months ago, the News-Press newsroom voted 33-6 to join the Graphic Communications Conference of the Teamsters Union. The NLRB overruled objections by the News-Press management and certified the election six months later. The News-Press appealed the decision, and the board has yet to act on that appeal.

Hulsey turns over her license

BY ERIC LINDBERG
DAILY SOUND STAFF WRITER

Heather Hulsey turned over her driver’s license over to Santa Barbara Superior Court officials yesterday, a sign that she plans to comply with requirements that will reduce her bail from $250,000 to $50,000.
A representative from the Public Defender’s office who handed in the license also told Judge Frank Ochoa that a bed will be available for Hulsey today at Casa Serena, a residential drug and alcohol treatment facility for women. Hulsey plans to post bail and move into the facility, the representative said.

Ochoa agreed to lower the bail at a hearing on July 17 on the condition that Hulsey moved into Casa Serena and surrendered her driver’s license. District Attorney Hilary Dozer said he still believes Hulsey is a threat to the public.
“We continue to believe that Ms. Hulsey represents a danger to the community,” Dozer said. “We believe bail was raised on the basis of facts presented to Judge Ochoa that demonstrated she was continuing to drink and behave in ways that show she was not accepting any responsibility for her actions.”
Ochoa had raised Hulsey’s bail to $250,000 in June after police arrested the former Santa Barbara City College cheerleader for public intoxication at UC Santa Barbara in May, calling her actions a “justifiable concern” for the community.
Dozer said while he won’t weigh in on the effectiveness of Casa Serena’s treatment, he doesn’t believe it should be an option for Hulsey.
“Casa Serena is something that should be considered at a time when an individual understands what they’ve done and accepts the consequences,” Dozer said. “I think it’s way too early to make those assumptions about Ms. Hulsey, especially in view of her apparent lack of any remorse and inability to come to grips with her problems with alcohol consumption.”
Public Defender Mindy Boulet, who is representing Hulsey, could not be reached for comment, and officials at the Public Defender’s office were not able to discuss the matter.
Susan Utter, program director at Casa Serena, declined to confirm that Hulsey will be moving into the facility, but described the treatment as a 90-day program with educational group meetings, one-on-one counseling and communal living. Utter said while it is not a locked facility, they do have rules for those receiving treatment.
“The women in the house are participating in the program,” Utter said. “They don’t come and go as they please.”
She said that while they do have people who are ordered by the court to enter into a rehabilitation program, they try to offer beds to those who are actively seeking help.
“We look for folks that are willing to be in treatment,” Utter said. “...We want people here who really want to be here.”
Hulsey’s original bail amount of $50,000 stemmed from charges related to the death of her neighbor, Dr. Ronald Schlensky, who was hit by Hulsey’s Toyota 4Runner in Montecito last July, authorities said. Hulsey pleaded not guilty to several counts, including felony hit-and-run, vehicular manslaughter and driving under the influence of alcohol.
Hulsey told police she hit Dr. Schlensky while retrieving her cellphone from the floor of the Toyota. Friends of Hulsey testified that they had been drinking vodka with her at Montecito Country Club prior to the incident.
A hearing for August 20 will determine whether a settlement can be reached in the case. If not, it is slated to go to trial on September 24.

Family mourns slain son

BY ERIC LINDBERG
DAILY SOUND STAFF WRITER

Some cried, others stared with drawn faces as the hearse carrying 16-year-old Lorenzo “Nemo” Carachure’s body pulled away from Holy Cross Catholic Church yesterday afternoon.
Carachure’s brother, Martin, wept openly as he embraced family and friends that came to offer their condolences, his white T-shirt marked with tears. Many in attendance wore black or a white shirt with a photograph of Carachure framed by the words “In Loving Memory, Lorenzo Valentin Carachure.”

With more than $2,000 given by the community and donations from the Hospice of Santa Barbara and Holy Cross, Carachure’s family sent his body to his birthplace, Villa de Nicolas, in the state of Guerrero, Mexico, on a plane that left yesterday evening. Family members there will hold a nine-day vigil-like ceremony following his burial.
A group of teenagers standing outside the church a few minutes before the funeral began had little to say, other than that Carachure always seemed like a quiet kid and that they found it hard to believe someone wanted to kill him.
“Just another one gone, you know,” one of Carachure’s friends said.
Carachure died from stab wounds sustained in a gang brawl on the 700 block of San Pascual St. on July 16. He is the second teenager to die in a gang-related fight in recent months, the first being 15-year-old Luis Angel Linares, who was stabbed to death in broad daylight at State and Carrillo streets in March.
As hundreds entered the church for Carachure’s funeral service yesterday, many passed the gray coffin waiting at the back of the church, some pausing beside it for a moment. Others stopped to write a farewell to Carachure on a piece of poster board displaying several photographs and the Spanish words “Decansa en paz, Nemo. Siempre estaras en nuestros corazonez.”
As the funeral services began, Holy Cross Parish Father Ludo helped drape a white pall over the coffin, representing baptism and purity. Father Ludo’s words, all delivered in Spanish, included biblical passages about morality and life, Funeral Director Ruben Rey said, translating parts of the ceremony.
“When you seek revenge, it will come back doublefold for either you or your family,” Rey translated.
He later echoed Father Ludo’s plea to those present not to use violence in retaliation, and to make a commitment not to hurt one another.
“I do not want to direct funerals in this manner,” Rey told those in attendance, pointing to the coffin. “You are the only ones who can change the attitude. Don’t seek revenge for Lorenzo.”
On the altar behind the coffin, three white candles burned during the ceremony. Rey explained that Father Ludo described the first as representative of shame and greed, the second as community and unity, and the final candle as hope and promise for the future.
As Carachure’s coffin rolled back down the aisle, a group of young men in the audience turned to watch it pass, their faces somber, several bowing their heads to wipe away tears.
Later, after family members lifted the casket and placed in the waiting hearse, the family gathered at the back to thank those who came and embrace each other as the hearse slowly drove away.
Along the grass, a group of young teenage boys stood watching. From the back pocket of one dangled a blue bandana.