Ukiah Daily Journal from Ukiah, California • Page 1

Wednesday, March 7, 1979 lj8th Year No. 273 Ukiah DailM ournal Ukiah, Mendocino County, California WEATHER Fair through Thursday except low clouds and fog along the coast. Cooler t(xlay, but warmer near the coast Thursday. Fort Bragg 48-62, Ukiah 42-65. 34 Pages -f 8 Page Tab 4 Sections Cents Voters will decide herbicide issue By NANCY STENSON Journal Staff Writer Mendocino County supervisors Tuesday decided 3-2 to let the voters decide if the county needs an ordinance banning the aerial application of phenoxy herbicides.

But forestry industry legal representative Roger McPike of Thelen, Marrin, Johnson Bridges said county taxpayers can sue over that decision because it is contrary to state and federal law. A March 2 state attorney general's opinion that neither the county nor county taxpayers can ban the application of phenoxy herbicides lays the legal groundwork for a county taxpayers' suit, said McPike. "Taxpayers could bring a suit to avoid a. useless expenditure of county funds," said McPike, referring to county elections department estiriiates the special election could cost thousands of dollars. Even if the election is not challenged, the ordinace would be, added McPike.

Supervisors faced some tough making Tuesday as hundreds of foresters and herbicide opponents, each armed with legal representative, carried on two hours of intensive debiate. Mendocino County Counsel John Drummond and McPike argued the county could "do nothing" with the initiative petition. However, Barry Vogel, legal representative for Citizens Against the Aerial Application of Phenoxy Herbicides, said if the board did nothing, his clients would bring an immediate suit. He argued doing nothing would be a "slap in the face" to the 7,189 voters who signed the petitions. Vogel argued the supervisors were not there in a judicial capacity to decide the validity of the ordinance.

"You are being asked to carry out your ministerial duties," he said. However, foresters with prepared statements spoke from the podium about the severe economic hardships that would result from a ban iwednesday from the desk By Jim Garner At the pace presently established, this county may have an acceptable General Plan by the year 2015. All the legal maneuvering in the world will not accomplish what is so desperately needed: a GP that takes planning and zoning out of the hands of the politicians. Since Judge Golden's ruling that a moratorium on development be in effect, Uttle, if any, progress toward cleaning up the GP has been made. It does not appear that getting the GP into shape involves all that much.

Surely in all that expertise in the courthouse, there are those who could compose Uie necessary language that would meet the state guidelines and cause the attorney general's office to give its stamp of Approval. There is absolutely no other way this problem is going to be resolved. The board of supervisors, spUt six ways from Sunday on this issue, should unify immediately, issue the proper order for someone to get to work, and present to the public a GP that will stand on its own two feet. The GP should be done so well that all supervisors present and future have to consider on any proposed development is simply "does it or does it not meet GP requirements?" The new GP must eliminate the fuzzy areas that now exist. It must also take away from supervisors any areas of negotiating; i.e., the old buddy system of issuing zoning variances.

All that's needed to get the show on the road is for the supervisors to take a strong stand and initiate this action. Weather Extended forecast Friday through Suhday: Fair and dry with unseasonally warm days inalnd. Patchy low clouds and fog along the coast nights and mornings. March. Date, Hi ho 6 80 46 11 a.m.

Today 66 RalBfaU 24.91 March, 1978 Date HI Lo 6 67 41 Low Today 47 Uft Year 45.71 on aerial spraying and the "futility" of such a decree. "I calculate that without the ability to control brush, production will quickly fall about 30 percent per year. That 30 percent-plus reduction translates to about 380 direct employment jobs and about $4.6 million in direct payrolls," said Jere L. Melo, chief forester for Georgia-Pacific Corporation, Fort Bragg. "I estimate that the loss of county revenue due to lost wood production will be in the neighborhood of $300,000 to $500,000 per year from G-P alone," he added.

Dismissing the alternative of hand cutting, Melo explained, "It simply can't be done fast enough nor are the results worth the cost." John Sweeley, chief forester for Corporation in Calpella, said that hand control will "not be utilized" as an atlernative to spraying. Timber companies use phenoxy herbicides 2, 4-D and Silvex to control the growth of brush and hardwood to give conifer seedlings a chance to grow. Masonite's choice of not utilizing hand control "leaves us with the option of doing nothing," said Sweeley. "This should not be interpreted as a threat, but to point out the tremendous potential that exists to increase the yield fi-om Masonite's forest by controlling competition to conifer trees," said the chief forester. Matt Anderson, director of environmental affairs for the California Forest Protective Association, which represents major industrial forest landowners, said the University of California Extension Service has found that "the loss of chemical herbicides would result in a 25 to 40 percent reduction of forest productivity." Conversely, county residents opposed to the spraying argued that the dangers "posed to human health" should supersede concern for productivity.

They referred to the recent EPA emergency suspension of 2, 4, 5-T and Silvex as testimony there is a "vital health concern" related to phenoxy herbicides. Luke Breit, deValTs aide, and Dr. Mark Apfel, a local family practitioner, argued respectively that people have a right not to be poisoned and that there have been incidences of human illness following spray operations. Upon closure of public debate, Supervisor Jim Eddie offered a motion, supported only by deVall. that the county adopt ah ordinance banning the aerial spraying of phenoxy herbicides, Eddie reasoned the county could save the taxpayers the cost of a special election.

The ordinance tlien could be tested during the November election, stated Eddie. However, Supervisor Ernie Banker argued that "I have only one choice, and that is to send the initiative to an election." Explaining why he refused to vote for tlie ordinance. Banker said, "1 have a state attorney general's opinion that it is illegal for the board of supervisors to pass the proposed ordinance." He added, however, that he felt it would be "wrong to deny the people their rights in the legislative process." "The price of democracy the price of the ability of the people who comply with the law is worth the price of an election," said Banker. The supervisor said he felt that no matter what the board's decision was, a suit would follow. Special committee formed seek GP suit settlement Mendocino County Supervisors Tuesday appointed a special county committee to work towards a settlement in the county General Plan suit.

Marge Boynton, chairwoman of the county planning commission, Dan Garvin, planning department director, and Supervisor Ernie Banker are to work with the state attorney general's office, the state Office of Planning and Research, and Lake County Judge John Golden on a possible settlement of the General Plan suit. Supervisors decided they needed an alternative to the possible request to the state Office of Planning and Research for a year's extension of the General Plan update deadline. Any offer of a discussed March 12, the board indicated. Meanwhile, supervisors also agreed 4-1 to support the request by subdivider Lee McGraw that county officials be forced to "ministerial" duties so subdividers can get final subdivision map approval. Only Chairman AlBarbero disapproved of the motion, saying the judge has already ruled on such a request in his intended decision.

The county was sued by the state attorney general's office in November for having an "inadequate" General Plan. Subsequent hearings held in December resulted in the imposition of a temporary ban on county approval of all subdivision maps, parcel maps, rezonings and certificates of compliance. That temporary moratorium was made permanent Feb. 23 when Judge John Golden of Lake County ordered a permanent injunction until the county corrects its General Plan deficiencies. Meanwhile, two suits have been filed against the processing of hardship applications, which Golden provided for in his order for a preliminary injunction but neglected in his signed preliminary injunction and intended decision.

Jack Farmer two efforts to get hardship approval and Lee McGraw has filed suit to compel the county to perform its ministerial duties. Both want approval for minor subdivisions. At the same time, much politicking has gone on in the background by citizens groups and oine supervisor, which some argue is only hurting the possibility for a settlement. The board's latest move to bring out into the open propbsed negotiations with state officials may quell some of the protest from groups opposed to any deviation from the court restrictions on development. 'Bear' is a chimp who also a star Four-year-old chimpanzee, Sam, shown with owner and handler Mdrvin Downey of Los Angeles, seems happy on location in Ukiah with the cast and crew of Universal Studio's TV series "B.J.

and the Bear," in which Sam plays "Bear," sidekick to a freelance truck driver and named after University of Alabama football coaching great Paul "Bear" Bryant. Journal photo by Dale Kalkman. Jones vs Denny: Temple leader saw MSH as gold mine By ERICKRUEGER Journal Staff Writer Copyright 1979 Ukiah Dally Journal (Fourth in a scries of six articles) Jim Jones reportedly moved to Redwood Valley in to be safe from nuclear holocaust or did he? Mendocino County Social Services Director Dennis Denny said that reason doesn't wash. "The reason that he moved to Mendocino County," Denny asserted, "was Mendocino State Hospital," During the mid-sixties' said Denny, Mendocino State Hospital was one of the only institutions in the country running a special project that returned people with alcohol, drug and emotional problems to the community for care. "The Rev.

Jim Jones read about this project in Indiana," said Denny, adding that the name of the hospital program was the "Mendocino Plan." Jones saw a "built-in clientele" for residential care homes and brought people who knew how to run them lo Mendocino County, Denny said. Jones' wife, Marceline, worked at the hospital as a nurse. Other temple members also worked (here. According to Denny, Jones used the homes to generate money and followers. "It was obvioas he was building a base.

It was obvious he was building a financial empire from other people's money and that he was taking personalities that were less than competent in society and leading and directing their lives." Denny said Dr. Ernest Klatte was running the hospital program to place disturbed patients in care homes. Klatte doesn't fully support the Denny version. Klatte was Superintendent and medical director of Mendocino State Hospital. He left in 19()9, tlie year Denny arrived to direct Mendocino County's social services department.

(Cont'd on Page 2) School board urged to keep River School open By ERIC KRUEGER Journal Staff Writer With rock-solid conviction, a united front of parents, teachers and administrators Tuesday told the Ukiah Unified School Board to keep River School open in the name of quality education. Apparently split 4-3 on whether to close the school, the board plans to yote on the cost-cutting move next Tuesday at its regular meeting set for 8 p.m. in the school district offices, 445 S. Dora St. The board called last night's special meeting to hear how the community felt about the possibility of closing the 132-student elementary school in Talmage.

A shutdown will save the school district an estimated $40,000 per year. Of the 200 or more people filling Oak Manor School's multipurpose room, not one spoke in favor of mothballing kindergarten-through-fifth- grade River. Board President Dennis Denny, along with members Diane Sorby and Carl Naumann, said in various ways they wanted River open. Members Ray Worster, Greg Nelson and Pete Passof took no position on River but stressed the board's need to save money. Implicit in their remark? was' the money-gobbling specter of Prop.

13. Member Eric Stolpe expressed no River position but said quality education for children is more important than saving money. Several major themes linked 16 or more speakers who addressed Ihe board. Speak noted River is like a "family" providing individualized education for children thanks to its small size. They said closing River could deny their children special academic and cultural programs at the school, which offers quality education not worth throwing away for a mere $40,000 per year.

River, they noted, also serves as the Talmage community's focal point. Speakers said displaced River students will cause overcrowding and serious administrative headaches at Oak Manor and Yokayo schools. Praise for River's teachers and principal was virtually unanimous. Parents new to the area said their children had learned more at River than at schools elsewhere. "I will not support a vote that will close the school," said Denny.

"This school district belongs to the people it serves," Denny said the board will spend theWxt week deliberating about River and assiWd the audience "quality education" was a goarsQUght by the school board and the district. "Tonight is what education is all said Denny, commenting on the meeting. "This is what we have made out of these United States." Sorby also favored keeping River open, saying, "Tlie human factor in this case outweighs the savings." She noted the board is checking "every" way of saving money and had no "ulterior motive" when it decided to consider closing River. Although Naumann said he "could not be too enthusiastic" about the closing, Passof said the idea wasn't "unreasonable" from an" economics point-of-view, and Nelson said, "We're spending extra money to keep River School open." Said Stolpe, "I'm not ready to makea decision tonight, one way or the other." Meanwhile Worster reminded everyone that money not saved by closing River had to be saved "somewhere else." "There's only one pot," said Worster, "and it only goes so far. Yqkayo School teachers aide Bette Shippe told the board River children at other schools will still boost utility, custodial and other costs at their new sites She moreover doubted the "wisdom" of closing River if the Ukiah area's growing population was only going to force its reopening.

School Superintendent, W.O. Murphy said itarlier that the district would have to "reopen and enlarge" River in about two years if local population growth continues. Parent Les Oliver said busing River children to Oak Manor and Yokayo will cause an educational "upheaval'? just to save $40,000 per year. Such amove made "no sense," he said. Parent Rick Garren didn't understand how the board could be concerned over $40,000 when its budget is "Mexican people," said parent representative Virginia Billalpando, speaking through a translat0r, "have always relied on River School to fill the educational needs of the community." Almost every speaker from the audience or on the board received applause ranging from tepid to thunderous.

Oak Manor Principal Bob Hayden said River students arriving at his school would cause "enormous complexities" because Oak Manor doesn'thave River's special programs. An influx of River students, he said, will also cause a serious space squeeze, "impinging on the quality of education" at Oak Manor. Yokayo Principal Wallace Bralich, commending the board for trying to cut costs, nonetheless said closing River would be "penny- wise, pound-foolish." Bralich said his school is "loaded to the hilt" with students and could lose its new library if the district sent in River children. Arguing the district's rising population mandates the continued operation of River, Bralich said, "Ukiah is growing. You just have to look around and see that." Indian Education Coordinator for the district, Pam Mitchell, urged the board to keep River open on behalf of Indian children and the community.

And River Principal Ralph Paulin reada letter fron, WuYi, a Clunese parent who wrote: "From a Chinese viewpoint, the worst thing is to close a school." i.