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VOLUME 6 ISSUE 192
Democratic former assemblyman shakes up council race STORY BY JOSHUA MOLINA, PAGE 3
Veterans Wall comes to town The Moving Wall, a half-sized replica of the orginial, comes to Chase Palm Park STORY PAGE 2
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Co-chair for the Wall Committee Don Matter helps people find names on the memorial. Photos by Victor Maccharoli, Daily Sound
Democrats lead in campaign fundraising STORY PAGE 12
9 City Council candidates express themselves at arts forum STORY PAGE 4
2 Friday, September 30, 2011
Daily Sound
Planned Parenthood ANNUAL BOOK SALE Earl Warren Showgrounds, Warren Hall September 23 to October 2, 2011 Friday (9/23) 10 am – 8 pm Saturdays (9/24 & 10/1) 10 am – 8 pm Sundays (9/25 & 10/2) 10 am – 6 pm Monday- Friday (9/26-9/30) 12– 8 pm Free admission
Thousands of books at reasonable prices including rare and antiquarian The largest used book sale in the Tri-Counties
Call 805.963.2445, ext 4 or visit www.ppsbvslo.org
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NEWS
Vietnam Moving Wall visits Santa Barbara BY NICK C. TONKIN
DAILY SOUND CORRESPONDENT
The names of the 58,256 Vietnam veterans, 98 of whom called Santa Barbara home, stretch out along the dark granitecolored wall across from Chase Palm Park. Docents guide visitors to names on parts of the Wall. Some people take pictures, some people stare, and some just cry. For 27 years, the Moving Wall, a traveling half-sized replica of the Vietnam Memorial, has moved across the United States, with the names of the fallen remembered by friends, families, and even complete strangers. Hap DeSimone, Vietnam Veterans of America Chapter 218 president, remembered the first time he saw the original monument in Washington D.C. it overwhelmed him. He said he stood back in the trees for two-and-a-half hours before going near it. “It’s blatantly simplistic and absolutely gorgeous,” DeSimone said. Because of the surplus of Vietnam movies, DeSimone said the real impact of the war can get lost in Hollywood dramas. But the Moving Wall is a chance for people who’ve never experienced the real monument to learn about the memorial and talk with veterans. “They can have a real connection with what happened back then,” DeSimone said. For some people that’s already happening. Accountant Pamela Stanbrough stopped by with her daughter, wanting to see the memorial in person. She plans on bringing her son around for the flyby on Saturday. Stanbrough doesn’t know any names on the wall, but she says she knows a lot of veterans that don’t talk much about the war and hopes it’s a good chance to find out more. “You don’t know what everybody goes through,” Stanbrough said. But for some, the memorial is also a place to make new friends. A bullet in Quang Ngai South Vietnam forever separated Michael Dominguez from Carrie Dominguez, the six-month old daughter the U.S Marine would never meet. But at the Wall, Dominguez’s memory lives on between two strangers.
DAILY SOUND / Victor Maccharoli Docents are available to guide visitors along the Moving Wall Vietnam Memorial.
Buellton resident Jim Stewart, himself a Vietnam veteran, made a charcoal rubbing of Dominguez’s name. Stewart never met Dominguez, but he did meet and eventually marry Dominguez’s widow and helped raise Carrie.
Buellton resident Jim Stewart, himself a Vietnam veteran, made a charcoal rubbing of Dominguez’s name. Stewart never met Dominguez, but he did meet and eventually marry Dominguez’s widow and helped raise Carrie. “She always called me dad,” Stewart said. Carrie died of breast cancer at the young age of 28. Stewart had kept in contact with her grandparents, Dominguez’s mother and father, and he decided to come down to the memorial to get a charcoal rubbing. As chance had it, Moving Wall docent
and fellow veteran Domingo Nunez recognized the name. A friend of Nunez’s that made commissioned frames had given him a framed rubbing of the Dominguez’s name from the original memorial in Washington D.C. Nunez didn’t know Dominguez, but he liked his friend’s work and he held on to the rubbing after she passed away. “I kept it in my place so when you’d walk in you’d always see it,” Nunez said. When Nunez saw Stewart with the name, he asked him about the name and learned Stewart’s story. The two began talking and Nunez offered to give the framed rubbing to Stewart, who accepted it. “I feel like it has a home,” Nunez said. Michael Dominguez died thousands of miles from home leaving his infant daughter nothing except his name. But here in Santa Barbara, that name brought two total strangers together. FYI: The memorial is on display 24 hours a day from now until Sunday at 323 Cabrillo Boulevard across from Chase Palm Park. A dedication ceremony along with a flyby of a Vietnam era aircraft will take place Saturday at noon. A candlelight vigil will be held Sunday at 6:30 p.m. Volunte--ers at the memorial are available at all times to help find names on the monument.
NEWS
Democrat Nava backs Milpas activist Byrne
Daily Sound
Friday, September 30, 2011
BY JOSHUA MOLINA DAILY SOUND EDITOR
In a move that further scrambles the Santa Barbara City Council election, former California Assemblyman Pedro Nava has backed Sharon Byrne for Santa Barbara City Council. Nava, a Democrat, and Byrne a conservative-leaning independent, bonded last year over their alliance against the proliferation of medicinal marijuana dispensaries on the Eastside. Now, Nava, a former prosecutor is throwing his political muscle behind Byrne — the only candidate he plans to endorse in the high-stakes race for City Council. “This campaign for City Council has a Democratic Party slate and a conservative/Republican party slate,” Nava told The Daily Sound. “City Council elections are supposed to be nonpartisan. You want to elect people whose only ambition is to serve the residents of the city and not be tied so heavily to a particularly party.”
Byrne said she is honored that a state-level Democrat would such as Nava would support her.
Nava’s support is the latest boost to Byrne’s campaign, as she tries to define her candidacy in a crowded field. Byrne jumped into the race late, infuriating conservatives who wanted her to stay out and run in two years. The conservative incumbents, Dale Francisco, Randy Rowse and Michael Self, and their political strategists, felt that she would take votes away from the conservative candidates. In the last year, Byrne has organized rallies, creek and street cleanups and protests, all in attempt to get City Hall to be more responsive to the needs to businesses and the residents on the Eastside.
DAILY SOUND FILE PHOTO Sharon Byrne greets supporters at her campaign kick-off event.
DAILY SOUND FILE PHOTO Pedro Nava addresses constituents in front of the Santa Barbara Courthouse in this file photo.
As executive director of the Milpas Community Association, Byrne has emerged as the face of the Eastside, and she is hoping to propel that momentum into a City Council seat. “I have watched her for more than a year and I have been very impressed with how quickly she grasps issues and how passionate she is about bringing everybody to the table, whether is has to do with public safety or bringing compassionate solutions to the homeless. “She has proven that with passion, activism and dedication that she can pull people together who would normally feel powerless.” Byrne said she is honored that a state-level Democrat would such as Nava would support her. “I am really appreciative that he understands my nonpartisanship,” Byrne told The Daily Sound. “One thing that working with him has taught me is that what is right is not always popular and what is popular is not always right, and you just have to be strong enough to do the right thing. I appreciate him having a backbone and doing this.” Although Nava is a Democrat, he has fallen out of favor with the local party in recent years. His once-tight relationship with current 35th District Assemblyman Das Williams crumbled after Williams trounced Nava’s wife Susan Jordan in a bitter Democratic primary a year ago. The bad blood still runs deep and Nava never forgave the local Democratic Party’s support of Williams in that campaign. “It’s no secret that for the past few years, Nava has been publicly airing his vendetta against the Democrats on our City Council,” said Daraka Larimore-Hall, chairman of the Santa Barbara County Democratic Party. “This is just the next step of that Quixotic Vision. For a man who wouldn't have been elected three times without the work of a party organization, he certainly has changed his views.” Nava said one of Byrne’s strengths is that she does not come from a party. “The City Council should not be about political party,” Nava said. “It should be about the person who is most capable of embracing solutions to city problems, regardless of where they come from. No political party has all the right solutions to the issues facing Santa Barbara.” Nava, who many expect to challenge Democrat Hannah Beth-Jackson for a state senate seat, said Byrne is the one to beat on the City Council. “In looking at all of the candidates, it is very clear that Santa Barbara voters are confronted with two approved political party slates. I am endorsing Sharon and only Sharon because she doesn’t have that kind of party support.”
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4 Friday, September 30, 2011
NEWS
Daily Sound
Today
AM Fog, Mild 72°
Saturday
Gray and gloomy conditions this morning will give way to partly cloudy skies by the afternoon as daytime highs warm into the lower 70s. A chance for rain moves into the forecast tomorrow as the leftover moisture from Hurricane Hilary gets pulled into Southern California.
Sunday
20% Chance Mainly Clouder, of Rain Cooler 61/74° 61/71°
Monday
Tuesday
AM Fog, PM Sun 60/70°
Mostly Cloudy Skies 59/68°
NEWS IN BRIEF
US sanctions militant leaders
The U.S. Treasury Department on Thursday announced sanctions on individuals it said were linked to militant groups in Afghanistan and Pakistan, but stopped short of declaring the Haqqani network, blamed for recent attacks on American targets, a terrorist group. "These financiers and facilitators provide the fuel for the Taliban, Haqqani Network and al-Qaeda to realize their violent aspirations," Treasury Under Secretary for Terrorism and Financial Intelligence David Cohen said in a statement. As a result of the action, U.S. companies and individuals are generally prohibited from engaging in transactions with the targeted individuals and any assets they hold under U.S. jurisdiction are frozen, Treasury said.
Wall Street standoff continues
A standoff near Wall Street between protesters opposed to what they say is corporate greed and police may drag on into winter, with a march on police headquarters the likely next test of whether tensions escalate. The Occupy Wall Street movement was planning on Friday an unauthorized demonstration on the streets outside the New York City police center of operations. The group is adding complaints of excessive police force against protesters and police treatment of ethnic minorities and Muslims to its grievances list, which includes bank bailouts, foreclosures and high unemployment. Police have made about 100 arrests and used pepper spray, which they called a better alternative than night sticks to subdue those blocking traffic.
Banks seek CA mortgage deal
The largest U.S. banks, eager to get legal protection after widespread evidence emerged of foreclosure shortcuts, are trying to convince California to be part of a multi-state mortgage settlement and not pursue its own aggressive deal. Representatives of the banks met with California's attorney general, Kamala Harris, in Washington last Friday, in part to discuss concerns unique to California and determine whether the state is on board with a larger deal, according to people familiar with the talks. The banks see California, with its massive distressed mortgage market, as critical to a wider settlement, especially after New York Attorney General Eric Schneiderman last month was removed from a small panel of AGs negotiating a deal. The leader of the state coalition said Schneiderman had "actively worked to undermine" the talks, after Schneiderman balked at releasing the banks from claims beyond the mortgage servicing and foreclosure problems that sparked the negotiations.
It’s all about the arts at candidates forum BY ELISE CLEMENTS
DAILY SOUND STAFF WRITER
Taking a break from rigorous campaigning, candidates in the upcoming high-stakes Santa Barbara City Council race unwound during a unique Arts Collaborative forum yesterday. There are 10 candidates vying to fill three seats in the Nov. 8 election. The incumbents are Randy Rowse, Dale Francisco, and Michael Self. The Democratic party is backing Cathy Murillo, Iya Falcone, and Deborah Schwartz. Sharon Byrne, Jerry Mateo, Cruzito Cruz, and Sebastian Aldana are also running for office. All the candidates attended except for Falcone who was tending to a family emergency. The event was held at Santa Barbara Junior High’s Marjorie Luke Theatre. About 20 people attended. Cruz stole the show dressed from head to toe in traditional Native American attire. With a feather headdress towering on his head, he stood high above the rest of the candidates, and favored the audience with a jig and a performance on a drum he made himself. The other candidates also got to unwind and reveal a more personal side of themselves. Murillo has a theater arts degree,
Byrne used to provide free acting lessons to teenagers, and Matteo was talked out of a career as a trumpet player by parents who couldn’t afford it. Perhaps the biggest shock came from Rowse, who was a background dancer in a group called Crazy John and the Meteorites during his college days.
“It’s third world,” he said. “Most employers would be taken to task by OSHA if they had their employees working in there.”
Key issues were also addressed by the candidates, whose responses blended their concern with the arts with larger issues in the community. Graffiti was a topic heavily seized upon by the candidates, who were asked whether they believed it to be art. “If it’s inflicted upon us then it doesn’t feel like art,” said Byrne. She was backed by Rowse who said that graffiti has the potential to be art if it is not destroying property. Murillo and Cruz suggested that there needs to be a creative outlet, such as a graffiti wall, that would allow this form of creative expression in a controlled environment.
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“It’s a formal expression of one’s soul, one’s social condition,” said Cruz. He advocated a “restorative model” to graffiti vandalism that would stick perpetrators with the task of cleaning it up themselves for free. Including more art in the classroom was brought up a number of times by various candidates. Dale Francisco said having a music program in his school growing up was “a life changing experience,” and that these types of programs need better funding. Rowse said that this type of self expansion could also translate into a societal benefit. “Those complete people become more productive people,” he said. Redevelopment Agency funds were another issue candidates were asked to address. Opinions ranged on the amount of funding the Granada received, and whether the 20 million in RDA funds set aside for a new Police Department headquarters is too much. Murillo said that the amount the Granada received was a shame because the tickets there are not affordable. But Francisco countered that although the project may have been expensive, the theater's contribution is important and the investment worth it. He also added that once completed, Victoria Hall might be a smaller venue See FORUM, page 16
I Feel Mad About My Neck SOUTH COASTING
The older I get the harder it is to have heroes. different kinds of toothpaste for every day: I still havenâ&#x20AC;&#x2122;t forgiven Molly Ivins for dying, Sensodyne in the morning, for my aging gums, Gwyneth Paltrow for that ill-fitting pink, â&#x20AC;&#x153;Shakespeare and a teeny tiny prescription tube of $29 super-fluin Loveâ&#x20AC;? Oscar night dress, or Bill Clinton for that oride toothpaste at night, that will supposedly help blue, slightly stained one. (By the way, a little club prevent me from needing another $7,000 worth of soda will clear that right up, or so Iâ&#x20AC;&#x2122;ve heard.) dental work this year. But today Iâ&#x20AC;&#x2122;m mad at Nora Ephron. And my eyes, oh my eyes. My vision is getting I used to love Nora. How could I not love a woman so bad that I gave myself 47 new wrinkles last who still makes me laugh every time I order a sandnight, from squinting down at my 4â&#x20AC;&#x2122;6â&#x20AC;? husband wich in a deli, thanks to that wonderful scene in and asking, â&#x20AC;&#x153;You want me to do what?â&#x20AC;? â&#x20AC;&#x153;When Harry Met Sally?â&#x20AC;? And how could I not love a But until I read this book, I was okay with my woman who â&#x20AC;&#x153;fictionalizedâ&#x20AC;? the story of her divorceâ&#x20AC;&#x201D; neck. It has kept my head in the right place for a LESLIE in â&#x20AC;&#x153;Heartburnâ&#x20AC;? â&#x20AC;&#x201D;by giving her husband a beard and long time. DINABERG Sure, it wasnâ&#x20AC;&#x2122;t dripping with the diamonds I making his cat into a hamster? When I divorce my first husband, Iâ&#x20AC;&#x2122;m going to make him 4â&#x20AC;&#x2122;9â&#x20AC;? and bald, once fantasized about. And okay, itâ&#x20AC;&#x2122;s not usually with extra toes. holding up a tiara. And itâ&#x20AC;&#x2122;s never worn an Olympic gold Talk about a perfect hero for me. She writes that most of medal, or even a bronze. But I was okay with my neck until I her mistakes turned out to be things she "survived, or turned read this book. To tell you the truth, I didnâ&#x20AC;&#x2122;t really give it into funny stories, or, on occasion, even made money from." much thought. If anything, I thought maybe the sagging boobs made it look longer, more elegant. Now, I canâ&#x20AC;&#x2122;t stop thinking about my neck and I canâ&#x20AC;&#x2122;t stop looking at everybody elseâ&#x20AC;&#x2122;s. Iâ&#x20AC;&#x2122;ve become obsessed with looking at the necks of the other women at school, at Little League, at the grocery store, and at the gym. The other day I was watching â&#x20AC;&#x153;The Good Wifeâ&#x20AC;? on TV, and I had to pause it so I could go put my nose right up next to the TV where I could see and stare at Julianna Margulies's neck. Sheâ&#x20AC;&#x2122;s supposed to be 45 on the show but I counted the rings around her neck and I donâ&#x20AC;&#x2122;t think sheâ&#x20AC;&#x2122;s quite that old in real But now Iâ&#x20AC;&#x2122;m really mad at Nora. Thanks to her book of life. essays, â&#x20AC;&#x153;I Feel Bad About My Neck: And Other Thoughts on Or maybe she is that old, and 45 just looks a lot younger Being a Woman,â&#x20AC;? I too feel bad about my neck, and that than it used to, even on TV. Itâ&#x20AC;&#x2122;s not that I never thought about makes me really, really mad. these things before I read the book, but I never thought about Itâ&#x20AC;&#x2122;s hard enough to go through life with a disproportionateaging in terms of necks. I never even noticed before how ly large behind, gigantic feet, and unpolished fingernails. Now many women in their 50s and 60s wear turtlenecks on sunny I have to worry about my frigginâ&#x20AC;&#x2122; neck? days, or mandarin collars when they have to dress up. There are days when the only solace I can find when I look Cowards. in the mirror is at neck level. While my hair is still thick and But now I notice. Everywhere I look there are necks, and thankfully low maintenance, the grays in my tresses are thanks to Nora, I have this irresistible compulsion to rubberbeyond the plucking stage and I know Iâ&#x20AC;&#x2122;ll give in and start neck and check them out. I canâ&#x20AC;&#x2122;t stop myself. coloring them soon. My son is voting for green. What a pain in the â&#x20AC;Ś you know what. The laugh lines around my mouth are looking more and more like crowâ&#x20AC;&#x2122;s feet, and when I remember to put on lipstick, When Leslieâ&#x20AC;&#x2122;s not obsessing about her neck, sheâ&#x20AC;&#x2122;s usually it invariably ends up decorating my teeth a lovely shade of squinting to read emails at Leslie@LeslieDinaberg.com. For coral. The same teeth that I now have to remember to use two more columns visit www.LeslieDinaberg.com.
Iâ&#x20AC;&#x2122;ve become obsessed with looking at the necks of the other women at school, at Little League, at the grocery store, and at the gym.
Bank of America to begin charging debit card use fee
(Reuters) - Bank of America Corp plans to charge customers who use their debit cards to make purchases a $5 monthly fee beginning early next year, joining other banks scrambling for new sources of revenue. U.S. banks have been looking for ways to increase revenue as regulations introduced since the financial crisis limited the use of overdraft and other fees. The Dodd-Frank Act's Durbin amendment, due to go into effect on October 1, caps fees banks can charge merchants for processing debit card transactions at 21 cents per transaction from an average of 44 cents, potentially costing banks billions of dollars. Banks also face broader operational challenges as low interest rates and higher capital requirements hit profitability, and the sluggish economy depresses loan demand. Other large U.S. banks including Wells Fargo & Co, JPMorgan Chase & Co and SunTrust Banks Inc are testing or planning monthly debit card fees.
"The economics of offering a debit card have changed," Bank of America spokeswoman Anne Pace said on Thursday. Bank of America is the largest U.S. bank by assets. Senator Richard Durbin, architect of debit card interchange fee reform, bashed the proposed monthly fee. "Bank of America is trying to find new ways to pad their profits by sticking it to its customers," he said in a statement. It's overt, unfair, and I hope their customers have the final say." A FEE TOO FAR? Even before introduction of the Durbin amendment's rules on debit fees, Bank of America's fee income was dropping at its deposits and card services units. The bank's deposits unit reported fee income of $1 billion in the second quarter of 2011, down 34 percent from $1.5 billion a year before. Card services, which includes the bank's credit and debit card operations, reported fee income of $1.9 billion, down 23 percent from $2.5 billion in second quarter 2010.
Daily Sound
Friday, September 30, 2011
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NEWS
Daily Sound
Boeing workers busted in drug sweep at plant THURSDAY
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(Reuters) - Federal authorities on Thursday charged 37 current or former Boeing employees with selling or trying to buy painkillers and anti-anxiety drugs at a suburban Philadelphia plant that makes military aircraft. Following a four-year investigation, U.S. Attorney Zane David Memeger said 23 people were charged with selling the prescription painkiller Oxycontin and other illegal drugs and 14 were charged with attempted possession of various drugs. All but one of those charged is a current or former Boeing Co (BA.N) employee. Another person was expected to be arrested. "This investigation and prosecution focused not only on the sellers, but also on the users because of the critical role that these employees play in manufacturing military aircraft," Memeger told a news conference. Boeing employs more than 6,000 people at the Ridley Park plant, where the V-22 Osprey vertical take-off aircraft and H-47 Chinook helicopters are produced. The Osprey and Chinook are standard U.S. military aircraft used in Iraq and Afghanistan. There was no evidence that the integrity of
the work on any aircraft had been compromised, Memeger said. Boeing spokesman Damien Mills said the company cooperated with the investigation and made sure the employees under suspicion were in no position to compromise the safety or quality of the aircraft. All but one of those charged is a current or former Boeing employee. Another person was expected to be arrested as well. The employees charged in the case were suspended, Boeing said. FBI and Drug Enforcement Administration agents launched the raid early Thursday morning at the plant. The bust turned up the power painkiller Oxycontin as well as fentanyl, which is sold in lozenge form as Actiq. It also found the painkiller buprenorphine, which is sold as Suboxone, and the anti-anxiety drug alprazolam, sold as Xanax, officials said. Boeing spokesman Damien Mills said that in May 2006 some employees contacted the company's internal ethics group with suspicions there was illegal drug activity at the plant.
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Reasonable expectations KITTY IN THE CITY
We know that a cat is a cat and a cat without a Dear Miss Kitty, serious commitment to life changing behavior If someone lies to you or isn't sincere when they say will always be a cat. It is excellent knowledge to they will do something, is that your fault for having too have since we don’t ever ask a cat to babysit a high of expectations? In other words, doesn't having mouse. Sometimes we want to believe that the some sort of expectations allow you to have standards cat has transcended being a cat or the cat swears of decent conduct? she had a really big lunch and we leave the Erika, SANTA BARBARA mouse. Upon our return, do we really have any Dear Erika, right to be disappointed or surprised when the It is never your fault if someone is untrue – once. mouse is MIA? Maybe even the second and third time, depending on Darling Erika, Boys and Girls, the level of deception, however, when lies become Having expectation is reasonable but will only habitual or actions don’t follow words – although MISS KITTY play out as you hope if you are dealing with an responsibility rests with the perpetrator shared fault is entity that you know is congruent with your shared values. owned by everyone involved. Anyone that is an aware player That is why UPS is so wonderful. I know that from start to the in a game that can’t be won owns responsibility for their time Albert makes his delivery that all will go as I expect. I plight. can allow myself to trust because time after time my expectaThe consolation prizes for playing in the Tournament of tion has been met and I know Albert will never let me down. Disappointment are resentment, frustration and anger, or sadTrusting takes a lot less energy than having expectation. One ness depending on your geaneral point of view. Since the last thing, having standards of decent conduct is a reflection payoff for participation is hardly a free vacation to the Bahamas or even a cool coffee mug, it is a wonder so many of of who you are and nothing to do with anyone else. That is not something to compromise on and part of that standard can us sign up for this sport over and over again. be that your expectations are reasonable and can be met. So is it that hard to walk away from what we know is a When they are not met and your expectation turns to disapquestionable way to be treated? How long can we give the pointment you do not have to blame yourself, just change benefit of the doubt when words are not followed by actions? shipping companies. Can you repeatedly turn the other cheek without getting dizzy Have a naughty day! and falling down? Back in 2007 I wrote that “Expectation is pre-mediated disappointment.” I still stand by that truth, and Melanie Doctors aka Miss Kitty is the owner of add to it that expectation can be a tangible form of distrust Purrmission Lingerie at 18 W. Calle Laureles. Stop by and a useful red light that something is not as it seems. When Monday-Saturday 10-6 for a chat or email her at misskitty@ we truly trust, we no longer seem to expect, since we have no purrmissionlingerie.com reason to believe our needs will be in jeopardy.
Facing uncertainty, Oshkosh pushes for auto worker deal
(Reuters) - Pressure is mounting on the United Auto Workers union as Oshkosh Corp plans to pull a key financial incentive off the table if thousands of workers in Wisconsin fail to ratify a new contract by midnight on Friday. Oshkosh has offered 3,000 UAW workers an 8 percent pay hike and a $2,000 signing bonus under its new deal. In exchange, the UAW must agree to a four-fold increase in healthcare premiums. If the deal fails to win ratification on time, the signing bonus will no longer be valid due to concerns about 2012. UAW-represented workers at Oshkosh, a heavy-vehicle maker and major U.S. defense contractor, are scheduled to vote on the contract on Friday afternoon. The UAW is Oshkosh's largest union, representing a collection of Wisconsin-based workers that equals about a quarter of the company's employees worldwide. Bargainers for both sides were still at the table as of Thursday. Insurance premiums, Oshkosh's stance on temporary workers and demands related to seniority are issues that have recently been on the table, according to UAW officials stationed at Local 578 in Northeast Wisconsin. This negotiation has taken a relative backseat for the UAW
compared with ongoing talks in Detroit, where labor deals affecting tens of thousands of domestic auto workers are being hashed out. [ID:nS1E78R0VD] However, the fragility of Oshkosh's business outlook presents a fresh challenge to the UAW's ability to negotiate favorable deals for members in the face of sustained economic uncertainty. LOOKING FOR 'FAIR SHAKE' Oshkosh has prospered over the life of its most recent fiveyear UAW deal. In fiscal 2010, the company reported nearly $10 billion in revenue and a $1.4 billion operating profit, up 216 percent and 337 percent, respectively, from 2006. As it returns to the bargaining table, its success has been referenced by workers several times in local newspaper and television interviews as a reason to expect more from Oshkosh. "We've got to let them know that we do want a fair shake," Don Forster, a member of UAW Local 578, said in a recent interview with NBC's WGBA-TV. "I know they're making money." Oskosh's operations in Wisconsin make vehicles sold to the U.S. military. But recent government spending cuts have clouded the view for the company's core defense business, which is operating under the weight of fewer contract prospects and increased competition.
Connecting You to the Performing Arts Santa Barbara’s only local classical music radio station. Visit KDB.com for more information or to listen live.
Daily Sound
Friday, September 30, 2011
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8 Friday, September 30, 2011
Daily Sound
NEWS
U.S.-Mexico governors sign shared crime-fighting pact
ENSENADA, Mexico (Reuters) Governors along the U.S.-Mexico border agreed on Thursday to examine how to create shared databases where they can swap DNA and other biometric information on criminals in an effort to curb the flow of guns and drugs between the two countries. Officials announced the agreement at the end of an annual conference of regional leaders from both sides of the border that this year failed to attract many chief executives. New Mexico's Republican governor Susana Martinez was the only U.S. governor in attendance along with three governors, out of the six invited, from the Mexican side. The Texas governor, Republican Presidential hopeful Rick Perry, was not present and his state did not sign the final agreement. Drug violence has exploded along the border in recent years as the Mexican
government, with U.S. support, takes on powerful cartels smuggling narcotics, illegal immigrants and weapons across the nearly 2,000-mile line. "The hope is that every convicted criminal (deported from the United States) will return with biometric information that follows him back into Mexico," said Jose Osuna, governor of Baja California. The data could then be used by Mexican authorities to fight crime, he said. Mexican President Felipe Calderon says voracious U.S. drug consumers are partly to blame for the spiraling violence, which has killed more than 42,000 people in Mexico during the five years of his term. He also points to a river of U.S. guns flowing south across the border, including high-powered assault weapons that fuel escalating drug battles. The U.S. government is still dealing
with a scandal around a controversial operation at the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), known as "Fast and Furious," that allowed weapons to move freely over the border. Governors at the meeting urged U.S. officials to better track weapon sales and showed their support for U.S. President Barack Obama's latest efforts to curb the weapons trade. The nearly three-decade-old conference was designed to soothe tensions along the busy dividing line. But last year, Arizona Republican Governor Jan Brewer canceled the event after her Mexican counterparts protested the state's tough immigration laws. This year the governor pulled out at the last minute, saying through a spokesperson she had to attend to pressing state government business.
(Reuters) - Just before solar panel maker Solyndra scrambled in August to get more cash from private investors and better loan terms from federal bureaucrats, top company officials went on a political road show. Brian Harrison, Solyndra's CEO who on Friday refused to answer questions posed by a House panel, met in July with congressional Republicans who were skeptical about how much money the Obama administration had sunk into the company's factory. He also met Democrats eager to support clean energy. "Things were on the upswing, that's what they told me," said Diana DeGette, a Democratic member of the House of Representatives. "I don't understand how they could paint such a rosy picture to us and then
five weeks later be in bankruptcy court," DeGette told reporters. The CEO's assertions were part of a long pattern of Solyndra putting on a positive face for the public as it struggled to keep its business alive. The rosy scenarios Harrison presented now face intense scrutiny from lawmakers, the FBI and other investigators. Details of the FBI probe of Solyndra have not been revealed. Internal watchdogs for the Energy and Treasury departments are also looking at what went wrong. Congressional investigators want to know if the California-based company was misleading the government and hiding severe financial stresses it faced when its costly technology was undercut by cheap overseas panels.
Concerned about a House Energy and Commerce Committee investigation that had begun in February, the solar company's lawyer in mid-July e-mailed Republican investigators with what he called an "upbeat letter" with "current data on Solyndra's positive economic and job situation." The company's lawyer in the e-mail chided investigators for continuing "to perpetuate an incorrect picture of Solyndra's condition." Solyndra's Harrison then met lawmakers and congressional investigators faceto-face, bragging that the company had shipped record numbers of innovative panels around the world from a factory built with an Energy Department loan guarantee, competing with China in a made-in-America success story.
(Reuters) - With holiday shopping season near and and billions of dollars in sales tax at stake, financially strapped state and local governments are pushing to collect more tax on online purchases, but real progress will require action in Washington where political gridlock prevails. Recent efforts by California made headlines nationwide when Amazon.com (AMZN.O), one of the world's largest
online retailers, agreed to begin collecting taxes on sales in that state as early as next September. The state, which faced a $25 billion budget deficit at the beginning of the year, is estimated to be losing $1.7 billion annually in uncollected online sales taxes. Sales over the web are the fastest growing area of retailing and states are anxious to up their share. Deloitte LLP
projects that this holiday season, retail sales overall will grow up 3 percent, but 14 percent online. Goldman Sachs has estimated that online shopping will jump from less than 10 percent of retail sales to over 17 percent by 2020. Under a Supreme Court decision now almost 20 years old, any national framework for collecting tax on remote sales would have to come from Congress.
Solyndra gave bright forecasts as it ran out of operating cash
California seeks online tax gains
Daily Sound
Friday, September 30, 2011
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Friday, September 30, 2011
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Daily Sound
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LEGAL NOTICE
LEGAL NOTICE
LEGAL NOTICE
NOTICE OF PUBLICATIONS ON APPLICATIONS REGARDING PROVISIONS OF TITLE 28 OF THE MUNICIPAL CODE OF THE CITY OF SANTA BARBARA
The Secretary of the Planning Commission has set a public hearing for Thursday, October 13, 2011 beginning at 1:00 p.m. in the City Council Chambers, City Hall, 735 Anacapa Street.
On Thursday, October 6, 2011, an Agenda with all items to be heard on Thursday, October 13, 2011, will be available at 630 Garden Street, City Clerk’s Office and the Central Library. Agendas, Minutes and Staff Reports are also accessible online at www.SantaBarbaraCa.gov/pc. Online Staff Reports may not include some exhibits. Continuances will not be granted unless there are exceptional circumstances.
You are invited to attend this hearing. Written comments are welcome and will be entered into the public record. Written information should be submitted prior to the meeting at the Planning Division Office, 630 Garden St; by mail attention Planning Commission Secretary, P.O. Box 1990, Santa Barbara, CA 93102-1990; or by email at PCSecretary@SantaBarbaraCa.gov, and received no later than 4:30 P.M. on the Monday before the Planning Commission hearing. Please submit 12 copies of any written materials over 2 pages. Written comments are accepted at and up to the time of the hearing; however, the Planning Commission may not have time to consider materials submitted after the Monday deadline. If you have any questions, wish to know more about this application, or wish to review the plans, please contact the case planner, at 564-5470. If you challenge the project approval or environmental document in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to the public hearing. AMERICANS WITH DISABILITIES ACT: In compliance with the Americans with Disabilities Act, if you need special assistance to gain access to, comment at, or participate in this meeting, please contact the Planning Division Office at (805) 564 5470, extension 4535. If possible, notification at least 48 hours prior to the meeting will enable the City to make reasonable arrangements in most cases. APPLICATION OF ELIZABETH HANNIN-YU AGENT FOR THE GARDNER FAMILY TRUST, 1550 & 1600 W. MOUNTAIN DRIVE, 021-050-033, A-1 ZONES, GENERAL PLAN DESIGNATION: RESIDENTIAL 1 UNIT/ACRE (MST2010-00371) The project consists of a proposal to subdivide an existing 18.26-acre lot into two parcels. Parcel 1, 1600 West Mountain Drive (Piano House), is proposed to be 14.6 net acres (15.6 gross acres). Parcel 2, 1550 West Mountain Drive (Book House), is proposed to be 2.5 net acres (2.7 gross acres). The lot split proposal does not include additional development. However, the project site is actively under construction. The discretionary application required for this project is a Tentative Subdivision Map to allow the division of one lot into two parcels (SBMC 27.07).
The Environmental Analyst has determined that the project is exempt from further environmental review pursuant to the California Environmental Quality Act Guidelines Section 15315. NAME CHANGES
ORDER TO SHOW CAUSE FOR CHANGE OF NAME CASE NUMBER 1382487 Petitioner or Attorney: Alexandria Samuels TO ALL INTERESTED PERSONS: Alexandria Samuels filed a petition with this court for a decree changing names as follows: Present Name: Alexandria Deprice Samuels Proposed Name: Ashira Angel Solomon THE COURT ORDERS that all persons interested in this matter appear before this court at the hearing indicated below to show cause, if any, why the petition for change of name should not be granted. Any person objecting to the name changes described above must file a written objection that includes the reasons for the objection at least two court days before the matter is scheduled to be heard and must appear at the hearing to show cause why the petition should not be granted. If no written objection is timely filed, the court may grant the petition without a hearing. NOTICE OF HEARING DATE: November 03, 2011 TIME: 9:30 a.m. DEPT: 6 THE ADDRESS OF THE COURT IS: SUPERIOR COURT OF CALIFORNIA County of Santa Barbara 1100 Anacapa Street Santa Barbara, CA 93101 A copy of this Order to Show Cause shall be published at least once each week for four successive weeks prior to the date set for hearing on the petition in the following newspaper of general circulation, printed in this county Santa Barbara Daily Sound. DATE: 08/17/2011 Terri Chavez, Deputy Clerk Denise de Bellefeuille JUDGE OF THE SUPERIOR COURT PUBLISHED SEPT 30, OCT 7, 14, 21 2011.
NOTICE OF PUBLIC WORKSHOP City Hall Council Chambers October 13, 2011 at 6:00 P.M. Community Wildfire Protection Plan (CWPP) and Monarch Butterfly Inventory and Habitat Management Plan
The City of Goleta is hosting the second workshop related to Community Wildfire Protection Plan (CWPP) and a Monarch Butterfly Inventory and Habitat Management Plan. The purpose of this workshop is to inform the community as to the outcome of the Community Wildfire Protection Plan (CWPP) analytical process, available implementation tools, and future City actions related to the CWPP, as well as a presentation and status update on the Monarch Butterfly Inventory and Habitat Management Plan. WORKSHOP DATE AND TIME: PLACE:
Thursday, October 13, 2011 at 6:00 PM
Goleta City Hall, Council Chambers 130 Cremona Drive, Suite B, Goleta, CA 93117
FOR FURTHER INFORMATION: For additional information, please refer to the Planning and Environmental Services section of the City's website at www.cityofgoleta.org or contact Dan Nemechek, Senior Planner, at 961-7544. Para informatión en español, pregunte por Shine Ling al (805) 961-7548. Publish:
Daily Sound – 9/30/2011 & 10/11/2011
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LEGAL NOTICE
LEGAL NOTICE
NOTICE OF PUBLIC HEARING Design Review Board Goleta City Hall – Council Chambers 130 Cremona Drive, Suite B Goleta, CA 93117 October 11, 2011; 3:00 P.M.
NOTICE IS HEREBY GIVEN that the Design Review Board of the City of Goleta will conduct a public hearing on the date set forth above to consider the following: Conceptual
1. 10-114-DRB; Cathedral Oaks Athletic Club Canopy Structures; 5800 Cathedral Oaks Road; APN 069-114-050: A request for Conceptual review to construct a 4,800-square foot canopy structure and a 1,175-square foot canopy to an existing athletic club for a recreation property.
2. 11-032-DRB; Fresh & Easy Neighborhood Market; 5955 Calle Real; APN 069-110-018: A request for Conceptual review to demolish a 10,715-square foot building and to construct a new 13,963-square foot market, associated parking, accessory structures, and landscaping for a commercial property.
PUBLIC COMMENT: All interested persons are encouraged to attend the public hearing and to present written and/or oral comments. All letters should be addressed to Planning and Environmental Services, 130 Cremona Drive, Suite B, Goleta, CA 93117. Letters must be received by Planning and Environmental Services on or before the date of the hearing or can be submitted at the hearing.
Any person may attend the hearing and speak in favor or against a project. If you challenge the Design Review Board’s action on this project, you may be limited to only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Design Review Board on or before the date of the hearing (Government Code Section 65009 [b] [2]). FOR FURTHER INFORMATION: The items in this notice are new items. The DRB agenda may also include items continued from prior meetings. All persons wanting to review any applications may do so by contacting Planning and Environmental Services, 130 Cremona Drive, Suite B, Goleta, CA 93117 or by calling (805) 961-7543. The Agenda, staff reports and project plans are available on the City of Goleta’s website at www.cityofgoleta.org.
NOTE: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this hearing, please contact the Planning and Environmental Services Administrative Assistant at (805) 961-7540. Notification at least 48 hours prior to the hearing will enable City staff to make reasonable arrangements. Publish: Santa Barbara Daily Sound, September 30, 2011
The Housing Authority of the City of Santa Barbara is soliciting proposals for rehab/remodel construction of a single family residence located at 1020 Placido in Santa Barbara, California. The scope of work consists of but is not limited to demolition of existing siding, the addition of exterior drywall and installation of cementacious siding, the design/build installation of a fire sprinkler system, the first floor conversion to full handicapped accessible and the exterior conversion to full handicapped accessibility per the plans and specifications. Plans and specifications are not complete, part of the selected contractor’s scope will be to work with the architect to value engineer and provide field experience input on the plans. The Housing Authority will receive proposals until Wednesday, October 26, 2011 at 1:00 p.m. for the proposed work at the Housing Authority Development Offices located at 702 Laguna Street, Santa Barbara California. Contract Documents, including specifications, may be obtained by contacting Hector Torres, Operations and Modernization Coordinator at 805.897.1068 or htorres@hacsb.org
Daily Sound
Friday, September 30, 2011
LEGAL NOTICE
LEGAL NOTICE
11
NOTICE OF PUBLIC HEARING Planning Commission October 10, 2011 at 6:00 P.M.
PROPOSED RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GOLETA, CALIFORNIA REPORTING THE ACQUISITION OF ASSESSOR PARCEL NUMBER 079-553-016 IS IN CONFORMANCE WITH THE GOLETA GENERAL PLAN / COASTAL LAND USE PLAN PURSUANT TO SECTION 65402 OF THE GOVERNMENT CODE NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Goleta will conduct a public hearing on the date set forth below related to the following:
A hearing to consider real property acquisition for one parcel (Assessor Parcel Number 079-553-016) located at the south end of Mathilda Drive and the related formal General Plan conformity determination by the Planning Commission, as required under Government Code Section 65402. HEARING DATE/TIME: PLACE:
Monday, October 10, 2011 at 6:00 PM
Goleta City Hall, Council Chambers 130 Cremona Drive, Suite B, Goleta, CA 93117
PUBLIC COMMENT: All interested persons are encouraged to attend the public hearing and to present written and/or oral comments. All letters should be addressed to Planning and Environmental Services, 130 Cremona Drive, Suite B, Goleta, CA 93117. Letters must be received by Planning and Environmental Services on or before the date of the hearing or can be submitted at the hearing. DOCUMENT AVAILABILITY: The staff report may be obtained at the City of Goleta, 130 Cremona Drive, Suite B, Goleta, CA 93117. The documents will be posted on the City’s web site at www.cityofgoleta.org
FOR FURTHER INFORMATION: Additional information is on file at Planning and Environmental Services, Goleta City Hall, 130 Cremona Drive, Suite B, Goleta, CA 93117. Contact Anne Wells, Advance Planning Manager at (805) 961-7557 or fax (805) 961-7551.
Note: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this hearing, please contact the City Clerk’s Office at (805) 961-7505. Notification at least 48 hours prior to the hearing will enable City staff to make reasonable arrangements. Publish: SB Daily Sound – September 30, 2011
12
Friday, September 30, 2011 ORDINANCE NO. 11-05
Daily Sound
AN ORDINANCE OF THE CITY OF GOLETA AUTHORIZING, GRANTING AND APPROVING A GAS, OIL AND WATER FRANCHISE TO ELLWOOD PIPELINE, INC. FOR A PIPELINE FOR TRANSMISSION OF SAID SUBSTANCES IN PIPELINES IN CERTAIN CITY ROAD RIGHT OF WAYS. WHEREAS, Ellwood Pipeline, Inc. (“EPI”) has applied to the City of Goleta for a franchise pursuant to the “Franchise Act of 1937” (California Public Utilities Code sections 6201 et seq.) to install, maintain and operate a pipeline for transmission of gas, oil and water in certain road right of ways within the City of Goleta to be known as the new Line 96 (“new Line 96”); and
WHEREAS, EPI currently holds a franchise for a pipeline known as Line 96 (“existing Line 96”); and
WHEREAS, existing Line 96 traverses City streets, properties and other rights of way between the Ellwood Onshore Facility (“EOF”) and the Ellwood Marine Terminal (“EMT”) located in unincorporated territory of the County of Santa Barbara; and
WHEREAS, EPI is required to and desires to cease use of barges to transport oil and related substances through the existing Line 96 and EMT; and
WHEREAS, EPI desires to construct the new Line 96 to convey oil and related substances between the EOF and the Plains Pipeline LP Coastal Pipeline west of Las Flores Canyon in unincorporated territory of the County of Santa Barbara; and WHEREAS, the new Line 96 would traverse City streets, properties and other rights of way; and,
WHEREAS, the City of Goleta is authorized to grant a franchise for the use of public properties for the installation, maintenance and operation of a pipeline; and
WHEREAS, the City of Goleta desires an environmentally superior alternative to the use of the existing Line 96 to convey oil through the City of Goleta and via barging operations off of the coast of the City of Goleta; and WHEREAS, the City of Goleta desires to assure that the existing Line 96 is properly abandoned following adequate and legally required environmental analysis;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GOLETA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1.
Grant of Franchise.
The Franchise Agreement For Oil, Gas and Water Pipeline between Ellwood Pipeline, Inc. and City of Goleta is hereby authorized, granted and approved under and pursuant to the provisions of Chapter 2, Division 3 of the California Public Utilities Code, also known as the “Franchise Act of 1937” as amended, (commencing with Section 6201 of the Public Utility Code) (a copy of which is attached hereto as Attachment 1.) SECTION 2.
Effective Date.
SECTION 3.
Certification.
This Ordinance shall take effect on the 31st day following the date of its final adoption. The City Clerk shall certify to the passage of this Ordinance and cause the same to be published and posted in the manner prescribed by California law. INTRODUCED ON the 6th day of September, 2011.
PASSED, APPROVED, AND ADOPTED this 20th day of September, 2011. _____________________________ MARGARET CONNELL, MAYOR
ATTEST: ______________________ DEBORAH CONSTANTINO CITY CLERK APPROVED AS TO FORM:
__________________________ TIM W. CITY ATTORNEY
STATE OF CALIFORNIA ) COUNTY OF SANTA BARBARA ) ) CITY OF GOLETA
ss.
I, DEBORAH CONSTANTINO, City Clerk of the City of Goleta, California, DO HEREBY CERTIFY that the foregoing Ordinance No. 11-05 was duly adopted by the City Council of the City of Goleta at a meeting held on the 20th day of September, 2011, by the following vote of the Council:
MAYOR CONNELL, MAYOR PRO AYES: TEMPORE EASTON COUNCILMEMBERS ACEVES, BENNETT AND PEROTTE.
NOES:
ABSENT:
NONE
NONE
ABSTENTIONS: (SEAL)
NONE
_________________________ DEBORAH CONSTANTINO CITY CLERK
FRANCHISE AGREEMENT FOR A GAS, OIL AND WATER PIPELINE BETWEEN
ELLWOOD PIPELINE, INC. AND
THE CITY OF GOLETA
this Franchise.
Public Highway(s): All highways, roads, and streets for use by the public, including, but not limited to, the City streets designated in Section 3.
Use: In connection with the franchise property to be installed hereunder, “use” means to regularly transmit oil, gas, other hydrocarbon substances and/or water through the franchise property, but does not include temporary transmission for testing purposes only. SECTION 3. FRANCHISE RIGHTS AND PURPOSES.
The following described rights, privileges and franchises, subject to each and all of the terms and conditions of Chapter 2 of Division 3 of the Public Utilities Code (Sections 6201 et seq.) and of this Franchise are hereby granted to the Grantee.
For a period of _35__ years, said rights, privileges and franchises are to use or to lay or to construct from time to time and to maintain, operate, renew, repair, change the size of, remove or abandon in place the franchise property, including one or more pipes and pipelines not to exceed six inches (6”) in diameter for the collection or transportation of oil, gas, gasoline, petroleum, or any other hydrocarbon substances or water, together with all manholes, valves, appurtenances arid service connections necessary or convenient for the operation of said pipes or pipelines including conduits, cathodic protection devices, wires, cables and other appurtenances necessary or convenient for the exercise of the Grantee’s business, in, along, across, upon and under the lands depicted on Exhibit “A”, including the following City street(s) in the incorporated territory of the City: 1. Hollister Avenue.
FRANCHISE AGREEMENT FOR GAS, OIL and WATER PIPELINE
OPTIONS TO EXTEND TERM: Grantee shall thereafter have the option to extend the term of the Franchise for two (2) sequential time periods of twenty (20) years each, by notifying the City of its intention to do so giving a minimum sixty (60) written notice to the City. The time periods shall continue and remain in full force and effect until the expiration, surrender or termination of the Franchise. City and Grantee shall meet and confer upon whether and to what extent it is appropriate to adjust payments pursuant Section 11 herein for the term of any such extension.
AGREEMENT
This Franchise is granted under the terms and conditions hereinafter set forth and within 30 (thirty) days after execution of this Franchise the Grantee shall file with the Office of the City Clerk a written acceptance hereof, which shall contain a specific, written agreement by the Grantee to abide by such terms and conditions.
Dated: September 20,
2011
ELLWOOD PIPELINE, INC. Line 96
This FRANCHISE AGREEMENT FOR GAS, OIL and WATER PIPELINE ("Franchise") is entered into this ___ day of August, 2011, by and between the CITY OF GOLETA ("City"), a California municipal corporation, and ELLWOOD PIPELINE, INC (“Grantee”), a California corporation. SECTION 1. AUTHORITY.
This Franchise is granted under and pursuant to the provisions of Chapter 2, Division 3 of the California Public Utilities Code, also known as the “Franchise Act of 1937” as amended (commencing with Section 6201 of the Public Utility Code). SECTION 2. DEFINITIONS.
As used in this Franchise, the singular number includes the plural and the plural includes the singular. Unless it shall be apparent from the context that they have, a different meaning the following words and phrases shall have the meaning stated in this Section, that is:
CEQA: The California Environmental Quality Act, California Public Resources Code Sections 21000, et seq., and the California Environmental Quality Act Guidelines, Title 14, Division 6, Chapter 13 of the California Code of Regulations City: The City of Goleta, California.
City Street: Those portions of City highway, roads, and streets designated in Section 3. Community Services Department: The City’s Community Services Department or any subsequent department of the City responsible for the obligations of the Community Services Department set forth in this Franchise. Community Services Director: The Director of the Community Services Department or his/her designee.
Grantee: Ellwood Pipeline, Inc. or any person, firm or corporation to whom this Franchise is awarded and granted by the Council, and any person, firm or corporation to which it may hereafter be lawfully transferred as herein provided. Council: The City Council of the City.
Franchise Property: All property constructed, installed, operated or maintained in a City street pursuant to any right or privilege granted by this Franchise, provided that any such property shall retain its character as “franchise property” only so long as it shall remain in or upon any City street pursuant to a right or privilege granted by
SECTION 4. ACCEPTANCE.
SECTION 5. CONSTRUCTION & HOLD HARMLESS CLAUSE.
A. Terms of Construction. The franchise property laid, constructed or maintained under the provisions of this Franchise shall be installed, maintained, and inspected by the Grantee in a satisfactory, safe, and workmanlike manner, of good material, and in conformity with all ordinances, rules, or regulations now or hereafter adopted or prescribed by the Council, State, or Federal authorities. All franchise property laid, located or maintained under this Franchise shall be placed at such locations as not to interfere with the use of public highways by the traveling public or with the use of public property or public works for their primary purposes.
B. Restoration of Streets. The work of laying, constructing, maintaining, operating, renewing, repairing, changing and moving any of the franchise property contemplated by this Franchise and all other work in exercise of this Franchise shall be performed in compliance with all applicable provisions of the Goleta Municipal Code pertaining to street excavations and restoration, including but not limited to the City’s encroachments regulations, and any current or future generally applicable policies, and other applicable laws and shall be conducted with the least possible hindrance or interference to the use of public highways by the public or by the City, and Grantee shall provide all necessary warning, safety and traffic control devices as are or may be required by the City, County, State or Federal regulations. All excavations shall be back filled and adequately compacted. The surface of public highways shall be placed in a condition that is as good and as serviceable as existed at the beginning of this work and must be to the satisfaction of the City Engineer. If the City has applicable road restoration regulations, policies or other standards, then the City Engineer’s discretion shall be consistent with those regulations, policies, and other standards. SECTION 6. REARRANGEMENT OF FACILITIES. A. Expense of Grantee.
(1) If any of the Grantee’s facilities, in the discretion of the City, shall endanger the public in the use of the public highways or interfere with or obstruct the use of any public highway by the public or for public purpose, the City
shall have the right to require the Grantee, and the Grantee shall move, alter, or relocate the same (hereinafter called “rearrangement”) to avoid such danger interference or obstruction, in conformity with the written notice of the Community Services Director, at the Grantee’s sole expense.
(2) Whenever, during the existence of this Franchise, the City, any water, electric, gas or other utility system now or hereafter owned or operated by the City, or any community facilities or assessment district, or similar agency established by the City, shall change the grade, width, alignment or location of any public highway or improve any public highway in any manner, including but not limited to the laying of any sewer, storm drain, conduits, gas, water or other pipes, pedestrian tunnels, subway, viaduct or other work of the City (the right to do all of which is specifically reserved to the City without any admission on its part that it would not otherwise have such rights), the Grantee shall, at its own cost and expense, do any and all things to effect such change in position, or location, in conformity with the written approval of the City Engineer, including without limitation the acceptance of encroachment permits, and the removal or relocation of any facilities installed, if and when made necessary by the determination of the Community Services Director. B. Expense of Others
(1) The City shall also have the right to require the Grantee to rearrange any part of the franchise property for the accommodation of any private person, firm, or corporation. When such rearrangement is done for the accommodation of any private person, firm or corporation, the cost of such rearrangement shall be borne by the accommodated party. Such accommodated party, in advance of such rearrangement, shall deposit with the Grantee funds in an amount as, in the reasonable discretion of the Grantee, shall be required to pay the costs of such rearrangement. (2) The rearrangement referred to in subsection (1) of Subsection B of this Section shall be accomplished in accordance with the written notice of the Community Services Director under Subsection D of this Section.
C. Rearrangement of the Facilities of Others. Nothing in this Franchise contained shall be construed to require the City to move, alter or relocate any of its facilities upon any public highway, at its own expense, for the convenience, accommodation or necessity of any other public utility, person, firm or corporation now or hereafter owning a public utility system of any type or nature, or to move, alter or relocated any part of its system upon any public highway for the convenience, accommodation or necessity of the Grantee.
D. Notice. The Grantee shall be given not less than ninety (90) days written notice of any rearrangement of facilities that the Grantee is required to make herein. Such notice shall specify in reasonable detail the work to be done by the Grantee and shall specify the time that such work is to be accomplished. In the event that the City shall change the provisions of any such notice given to the Grantee, the Grantee shall be given an additional period not less than ninety (90) days to accomplish such work. SECTION 7. INCREASED COST DUE TO ROAD IMPROVEMENTS OR CHANGES.
In the event that the City or any governmental agency above mentioned shall hereafter construct, install, reconstruct or repair any bridge or artificial support in or underlying any public highway in which Grantee’s franchise property is located or which is prescribed as the location for any of Grantee’s franchise property, and in the event that the cost thereof be increased in order to provide for the installation, maintenance or operation of Grantee’s franchise property in or on the public highway area covered underlain by said bridge or other artificial support, then the Grantee shall pay to the City or such governmental agency or instrumentality doing such work the full amount of such increase of cost upon completion of such construction, installation or repair. SECTION 8. COMMENCEMENT AND COMPLETION OF WORK.
A. Termination. Within thirty (30) days of expiration, revocation or termination of this Franchise or the permanent discontinuance of the use of the franchise property, or any portion thereof, the Grantee shall make a written application to the Community Services Director to: (1) abandon all, or a portion, of the franchise property in place, and/or (2) remove all, or a portion, of the franchise property as the Community Services Director, in his/her discretion, shall consider to be appropriate. Such application shall describe the franchise property desired to be removed and/or abandoned by reference to the map or maps required by Section 19 and shall also describe with reasonable accuracy the relative physical condition of the franchise property. At the Grantee’s expense, the City shall conduct all environmental review, study and analysis as may be required by CEQA. Thereafter, the City shall determine whether any abandonment and/or removal which is thereby proposed CONTINUED...
may be effected without detriment to the public interest or under what conditions such proposed abandonment and/or removal may be safely effected. The City shall then provide written notification to the Grantee of the determination, including specified requirements with which the Grantee shall comply and shall require the Grantee, within ninety (90) days thereafter, to: (a) Remove all or a portion of the franchise property, and/or (b) Abandon in place all or a portion of the franchise property. If any portion of the franchise property is to be abandoned in place subject to prescribed requirements and not abandoned in accordance with all such requirements, then the Community Services Director may impose additional appropriate requirements, including, if he/she deems desirable, that the Grantee shall remove all of the franchise property in accordance with applicable requirements. The requirements of this Section are in addition to, and the Grantee shall comply with and obtain any and all additional required City permits necessitated by the removal and/or abandonment of the franchise property or any portion thereof.
B. Existing Line 96. Within thirty (30) days following the later of (1) completion of installation and testing of the franchise property and delivery of hydrocarbons for sale through the franchise property, and (2) evacuation of all hydrocarbons from the existing Line 96 pipeline, identified by and under the gas, oil and water franchise awarded by the County of Santa Barbara via Ordinance 3238 and inherited by the City upon incorporation (hereafter “existing Line 96 pipeline”) and storage tanks at the Ellwood Marine Terminal in preparation for abandonment, the Grantee shall cease use of and shall no longer transport oil, gas, gasoline, petroleum, or any other hydrocarbon substances or water in or through the existing Line 96 pipeline and Grantee shall within the same time period file a written application with the City to: (1) abandon all, or a portion, of the existing Line 96 pipeline in place, and/or (2) remove all, or a portion, of the existing Line 96 pipeline as the Community Services Director, in his/her discretion, shall consider to be appropriate. Such application shall describe the existing Line 96 pipeline to be removed and/or abandoned by reference to the map or maps required by this Franchise and shall also describe with reasonable accuracy the relative physical condition of existing Line 96 pipeline. At the Grantee’s expense, the City shall conduct all environmental review, study and analysis as may be required by CEQA . Thereafter, the City shall determine whether any abandonment and/or removal which is thereby proposed may be effected without detriment to the public interest or under what conditions such proposed abandonment and/or removal may be safely effected. The City shall then provide written notification to the Grantee of the determination, including specified requirements with which the Grantee shall comply, and shall require the Grantee, within eighteen (18) months thereafter, to: (a) Remove all or a portion of the existing Line 96 pipeline, and/or (b) Abandon in place all or a portion of the existing Line 96 pipeline. If any portion of the existing Line 96 pipeline is to be abandoned in place subject to prescribed requirements and not abandoned in accordance with all such requirements, then the Community Services Director may impose additional appropriate requirements, including, if he/she deems desirable, that the Grantee shall remove all of the existing Line 96 pipeline in accordance with applicable requirements. The requirements of this Section are in addition to, and the Grantee shall comply with and obtain any and all additional required City permits necessitated by the removal and/or abandonment of the existing Line 96 pipeline or any portion thereof. C. Offer of Abandoned Facilities. A request of the Grantee to abandon in place the franchise property and/or the existing Line 96 pipeline shall be deemed an offer of transfer of such facilities to the City and the City shall succeed to all right, title and interest of the Grantee in said facilities. SECTION 10. PERMIT REQUIRED.
Before any excavation work is commenced in any City street under this Franchise, the Grantee shall apply for and obtain any and all City permits required for such work from the City. The Grantee further agrees to fully comply with all conditions of any and all such City permits. SECTION 11. PAYMENTS.
(a) Processing Payment. In consideration for the granting of this Franchise, and to reimburse the City for its administrative expenses in preparing and approving the Franchise documents, the Grantee shall pay the City Ten Thousand Dollars ($10,000.00) within thirty (30) days of execution of this Franchise.
(b) Annual payment. The Grantee shall file with the City Clerk, within three (3) months after the expiration of the fractional calendar year following the date of execution of this Franchise and within three (3) months after the expiration of each and every calendar year thereafter, a duly verified statement showing the total gross receipts of the Grantee, during the preceding calendar year, or such fractional calendar year, arising from the use, operation
or possession of this Franchise within the City. It shall be the duty of the Grantee, within fifteen (15) days after the filing of such statement, to pay to the City, in lawful money of the United States and in the manner provided by law, two percent (2%) of the gross annual receipts of the Grantee from the use, operation or possession of franchise property (calculated by proportionately allocating gross annual receipts of Grantee from Line 96 to the franchise property based on the length of the franchise property and the total length of Line 96) or Five Thousand Dollars ($5000), whichever is greater. Any neglect, omission or refusal by the Grantee to file such verified statement or to pay said percentage at the times or in the manner hereinbefore provided shall be grounds for the declaration of forfeiture pursuant to the provisions of Section 21 hereunder. SECTION 12. ASSIGNMENT.
The Grantee shall not sell, transfer or assign this Franchise or any rights or privileges hereunder without first obtaining the written consent of the Council. A mere change of name or of the nature of the Grantee entity without more than fifty percent (50%) change in ownership of the Grantee shall not require such consent, but merger with another entity, or a change of ownership of the Grantee or its stock in excess of fifty percent (50%) shall require such consent of the Council. The Council, however, shall not withhold its consent arbitrarily or without good cause. The new owner must demonstrate financial responsibility to the Council’s satisfaction, unless the Council waives such requirement due to publicly known financial responsibility of the new owner. Any new owner must further agree in writing to assume all obligations of the Grantee under this Franchise and comply with all of the provisions of this Franchise in order to obtain such consent. SECTION 13. COMPLIANCE WITH LAW.
The Grantee agrees to fully comply with all applicable Federal, State and local laws, codes, ordinances, standards, rules and regulations including those of the Santa Barbara County Air Pollution Control District in all of its operations under this Franchise and its use thereof. SECTION 14. EMERGENCY PREPAREDNESS
A. Equipment and Crews. The Grantee agrees to install and operate all franchise property installed and/or used hereunder in accordance with applicable U.S. Department of Transportation rules and regulations published in 49 CFR 195, and any amendments thereto. At all times during the terms of this Franchise, the Grantee shall maintain on a twenty-four (24) hour-a-day basis a fully-operational computer-aided system, such as Supervisory Control and Data Acquisition (SCADA), or a similar and equivalent system designed for the purpose of controlling and monitoring rates of flow, pressures and fluid characteristics or provide adequate emergency equipment and a properly trained emergency crew or representatives within a radius of fifteen (15) miles from any franchise property installed or maintained pursuant hereto for the purpose of shutting off the pressure and the flow of contents of the franchise property in the event of an emergency resulting from any earthquake, act of war, civil disturbance, flood or other cause.
B. Plans. The Grantee shall, before it uses any franchise property to transmit oil, gasoline or other liquid hydrocarbons, submit to the Community Services Department an oil spill prevention and cleanup plan pertaining to oil spills which may occur in the territory of the City. Such plans shall coordinate with plans the Grantee will submit for spills occurring in areas not within the City. SECTION 15. NATIVE VEGETATION.
The Grantee shall, in connection with restoring the City street surface, also concurrently replant all areas from which native vegetation was removed, with the same or a similar type or types of native vegetation and shall include appropriate measures to the satisfaction of the Community Services Director to prevent soil erosion and to maintain such replanted vegetation until it has established itself. SECTION 16. PIPELINE INSPECTION AND OVERPRESSURE SAFETY DEVICES.
The Grantee shall prepare and submit to the Community Services Department for written approval, a pipeline inspection program meeting the requirements of the U.S. Department of Transportation. Overpressure safety devices meeting all Federal and State requirements shall be installed. No use shall be made of the franchise property installed hereunder until said inspection program has been approved in writing by the Community Services Director and said overpressure safety devices have been installed and shown to be in operating condition to the satisfaction of the Community Services Director. SECTION 17. REVIEW OF SEISMIC FAULTS.
The franchise property trenches shall be reviewed by an independent geological consultant in order to log and identify unknown active and potentially active faults within the route of the franchise property when under construction. The Grantee shall engage and utilize an
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independent Geotechnical (Soils, Engineering, and Engineering Geology) Consultant approved in writing by the City. Said independent consultant shall, during franchise property installation, when earth is excavated, examine characteristics of the near surface soils and will log any faults encountered and thereafter prepare for the City any necessary reports concerning surface soils and faults as deemed necessary by the Community Services Director. The City shall be notified promptly of any faults discovered. Such faults shall not be permanently concealed or covered if the City requests to see them until the City has seen them, or three (3) days have elapsed, whichever occurs sooner. The logging and identification of said faults shall not unreasonably delay any construction permitted hereunder. SECTION 18. {NOT USED} SECTION 19. MAPS.
Prior to use of the franchise property, the Grantee shall file with the Community Services Department an exact map or maps at suitable scale of the final franchise property route, including cross sections of intersections with public highways and other utilities and diagrams of the relationship to other features within public highway and railroad rights of way. Upon completion of the franchise property installations, and within a period of ninety (90) days, the Grantee shall file “as constructed” maps, which will not substantially differ from maps sent to the Community Services Department by the Grantee. SECTION 20. COMMON CARRIER.
The Grantee agrees to operate its franchise property transporting oil and other fluid hydrocarbons as a common carrier subject to the jurisdiction of the California Public Utilities Commission, including any regulations relating to shared use. SECTION 21. DEFAULT.
A. Default. In any event that the Grantee shall default in the performance of any of the terms, covenants and conditions herein, including any neglect, failure or refusal to fully comply with any of the provisions of this Franchise, the City Manager may give written notice to the Grantee of such default. In the event that the Grantee does not commence the work necessary to cure such default within ten (10) business days after such notice is sent or prosecute such work diligently to completion, the Grantee agrees and acknowledges that the Council may declare this Franchise forfeited by giving written notice thereof to the Grantee, whereupon this Franchise shall be void and the rights of the Grantee hereunder shall terminate and the Grantee shall execute an instrument of surrender and deliver the same to the City. If the Council declares this Franchise forfeited, it may thereupon and thereafter exclude the Grantee from further occupancy or use of all City streets authorized under this Franchise. A forfeiture of said Franchise shall not of itself operate to release the bond filed for this Franchise. Upon declaring this Franchise forfeited, the Council may elect to take and accept the bond as liquidated damages therefor and pursue any other legal remedy for any damage, loss or injury suffered by the City as a result of such breach. After forfeiture, the bond shall remain in full force and effect for a period of one (1) year unless exonerated by the Council. No bond shall be exonerated unless a release is obtained from the Community Services Director and is filed with the City Clerk. The release shall state whether all excavations have been back filled, all obstructions removed, and whether the substratum or surface of City streets occupied or used have been placed in good and serviceable condition. Release shall not constitute a waiver of any right or remedy which the City may have against the Grantee or any person, firm or corporation for any damage, loss or injury suffered by the City as a result of any work or activity performed by the Grantee in the exercise of this Franchise. B. Cumulative Remedies. No provision herein made for the purpose of securing the enforcement of the terms and conditions of this Franchise shall be deemed an exclusive remedy or to afford the exclusive procedure, for the enforcement of said terms and conditions, but the remedy and procedure herein provided, in addition to those provided by law, shall be deemed to be cumulative. SECTION 22. FRANCHISE NONEXCLUSIVE.
This Franchise is granted under and pursuant to the provisions of the laws of the State of California applicable to the granting of franchises by cities and this Franchise shall not be exclusive, but the Council reserves the right and power to grant other and additional franchises to persons, firms and corporations as authorized and provided by law so long as such additional franchises shall not unreasonably interfere with the rights granted to the Grantee hereunder. SECTION 23. PERFORMANCE BOND.
The Grantee shall file a bond running to the City with at least two (2) good and sufficient Sureties or a corporate surety bond to be approved by the Community Services Director in the penal sum of Two Hundred Fifty Thousand Dollars ($250,000 00), conditioned that the Grantee shall well and truly observe, fulfill and perform each and every term and condition of this Franchise,
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and in case of any breach of condition of such bond, the whole amount of the penal sum therein named shall be taken and deemed to be liquidated damages and shall be recoverable from the principal and surety or sureties upon said bond. Said bond shall be filed with the City Clerk within five (5) days after this Franchise is executed. The amount of said bond may be increased by order of the Council, after ninety (90) days’ notice to Grantee and after one (1) public hearing thereon. SECTION 24. INSURANCE.
Within thirty (30) days of execution of this Franchise, the Grantee shall furnish proof that the Grantee is insured under a broad form policy of liability insurance issued by a company authorized to do business in California. Such proof may be by one or more certificates of insurance evidencing compliance with the provisions of this Section. The City shall approve the form and provisions of the insurance. The insurance policy shall include, but not be limited to, coverage for premises operations, explosion and collapse hazard, underground hazards, contractual insurance, natural disasters, property damage, independent contractors and personal injury, and automobile liability. The insurance shall be maintained in an amount not less than Five Million Dollars ($5,000,000.00) throughout the term of this Franchise.
The City and its officers, agents and employees A. shall be named as additional insureds on said policy at no cost to the City. The Grantee shall also provide workers’ compensation coverage consistent with California statutory requirements. The City shall receive thirty (30) days advance written notice of any proposed reduction in coverage of the insurance policies on which it is carried as a named insured, as well as on coverage required to be maintained by this section. Such advance notice shall also be required as to any proposed or actual cancellation of any such policies of insurance. Insurance endorsements of such coverage shall be filed with the City. SECTION 25. INDEMNIFICATION BY GRANTEE.
For all claims relating to activity taken during the times subject to this Franchise, including any retroactivity dates, the Grantee shall indemnify, defend with counsel selected by the City subject to approval of the Grantee whose approval shall not be unreasonably withheld, protect and hold harmless the City, its officers, employees, agents, assigns and any successor or successors to the City’s interest from and against all claims, demands, losses, costs, expenses, penalties, damages of any kind (including but not limited to special and consequential damages, the death of persons, damage to property), attorneys’ fees, consultant’s and expert’s fees and costs (“Liabilities”) directly or indirectly arising as a result of the Grantee’s exercise of the Franchise or operation of the franchise property, regardless whether any act or omission complained of is authorized, allowed, or prohibited by the Franchise. This indemnity includes, but is not limited to any repair, cleanup or detoxification, or preparation and implementation of any removal, remedial, response, closure or other, plan (regardless of whether undertaken due to governmental action) concerning any franchise property or the effects of the franchise property authorized by this Franchise, and any hazardous substance or hazardous wastes including petroleum and its fractions as defined in the Comprehensive Environmental Response, Compensation and Liability Act [“CERCLA”; 42 U.S.C. Sections 9601, et seq.], the Resource Conservation and Recovery Act [“RCRA”; 42 U.S.C. Sections 6901, et seq.], and California Health & Safety Code Sections 25280, et seq., at any place where the Grantee maintains the franchise property for the transportation of substances and liquids pursuant to this Franchise. The foregoing indemnity is intended to (1) supplement and not replace any other indemnity from any source and (2) operate as an agreement pursuant to Section 107(e) of CERCLA and California Health & Safety Code Section 25364, to assure, protect, hold harmless and indemnify the City from liability. Further, the Grantee shall indemnify, protect, defend, and hold harmless the City, its officers, officials, employees, and agents against any and all claims, demands, losses, costs, expenses, penalties, damages, or liability of any kind or nature resulting from, or arising with respect to, the award of this Franchise, including but not limited to the procedure for accepting and reviewing proposals and the decision of award, negligent or otherwise, including but not limited to a claim of bad faith. SECTION 26. SEVERABILITY.
If any section, paragraph, provision, sentence, clause or phrase of this Franchise, or the application thereof to any public highway or other public place included in this Franchise, is for any reason held invalid, the remainder of this Franchise shall not be affected thereby. SECTION 27. BINDING ON SUCCESSORS.
This Franchise herein granted and all provisions, rights, negotiations and duties thereof shall extend and inure to and be binding on the Grantee, its successors and assigns. SECTION 28. NOTICE.
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14 Friday, September 30, 2011 CITY:
GRANTEE:
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Director of Community Services City of Goleta 130 Cremona Drive, Suite B Goleta, CA 93117
Land Department Ellwood Pipeline, Inc. 6267 Carpinteria Avenue. Suite 100 Carpinteria, CA 93013
SECTION 29. RECEIVERSHIP AND FORECLOSURE.
A. Subject to applicable provisions of the Bankruptcy Code, this Franchise shall, at the option of the City, cease and terminate one hundred twenty (120) days after the appointment of a receiver or trustee to take over and conduct the business of the Grantee whether in a receivership, reorganization, bankruptcy or other action or proceeding unless such receivership or trusteeship shall have been vacated prior to the expiration of said one hundred twenty (120) days, or unless: (1) Such receiver or trustee shall have, within one hundred twenty (120) days after his election or appointment, fully complied with all terms of this Franchise and remedied all breaches of this Franchise or provided a plan for the remedy of such breaches which is satisfactory to the City; and (2) Such receiver or trustee shall, within said one hundred twenty (120) days, execute an agreement duly approved by the court having jurisdiction, whereby such receiver or trustee assumes and agrees to be bound by each and every term, provision and limitation of this Franchise.
B. Upon the foreclosure or other judicial sale of all or a substantial part of the franchise property, the Grantee shall notify the City Clerk of such fact, and such notification shall be treated as a notification that a change in ownership of the Grantee has taken place and the provisions of this Franchise governing such changes shall apply. SECTION 30. WAIVER OF BREACH.
No waiver of the breach of any of the covenants, agreements, restrictions, or conditions of this Franchise by the City shall be construed to be a waiver of any such succeeding breach of the same or other covenants, agreements, restrictions or conditions of this Franchise. No delay or omission of the City in exercising the right, power or remedy herein provided in the event of default shall be construed as a waiver thereof, or acquiescence therein, nor shall the acceptance of any payments made in a manner or at a time other than is herein provided be construed as a waiver of or variation in any of the terms of this Franchise. SECTION 31. SCOPE OF RESERVATION.
Nothing herein contained shall ever be construed so as to exempt the Grantee from compliance with all ordinances of the City now in effect or which may be hereafter adopted which are not inconsistent with the terms of this Franchise. The enumeration herein of specific rights reserved shall not be construed as exclusive, or as limiting the general reservation herein made or as limiting such rights as the City may now or hereafter have in law. SECTION 32. INTERPRETATION.
This Franchise is granted upon each and every condition herein contained, and shall be strictly construed against the Grantee. Nothing shall pass by the Franchise granted hereby to the Grantee
unless it be granted in plain and unambiguous terms. Each of said conditions is a material and essential condition to the granting of the Franchise. SECTION 33. FORCE MAJEURE.
The time within which the Grantee is obligated hereunder to construct, erect, maintain, operate, repair, renew, change the size of and remove the franchise property shall be extended for a period of time equal in duration to, and performance in the meantime shall be excused on account of and for and during the period of any delay caused by strikes, threats of strikes, lockouts, war, threats of war, insurrection, invasion, acts of God, calamities, violent action of the elements, fire, impossibility of obtaining materials, or other things beyond the reasonable control of the Grantee. SECTION 34. ATTORNEYS’ FEES.
If either party brings an action to enforce the terms of any covenant, agreement or condition contained in this Franchise, the prevailing party in such action, in trial or appeal, shall be entitled to reasonable attorneys’ fees to be paid by the losing party as fixed by the court. Dated: ___________
“GRANTEE” ELLWOOD PIPELINE, INC.
By:___________________________ Name: _______________________ Title: ________________________ By:____________________________ Name: _________________________ Title: __________________________ Dated: ___________ ”CITY” CITY OF GOLETA
__________________________ MARGARET CONNELL, MAYOR ATTEST: _________________________ DEBORAH CONSTANTINO CITY CLERK APPROVED AS TO FORM: __________________________ TIM W. GILES CITY ATTORNEY
+++++
Metropolitan Theatres
+++++
THE FUTURE (R) Riviera + DREAM HOUSE (PG-13) Metro 4
Camino Real
+ WHAT’S YOUR NUMBER? Fiesta 5
Fairview
(R)
+ 50/50 (R) Paseo Nuevo Camino Real BARGAIN TUESDAYS AT ALL LOCATIONS!
On Sale Now....The Arlington’s:
No Bargain Tuesday pricing for films with (*) before the title
2011-2012 MET OPERA HD SERIES ARLINGTON THEATRE or www.metrotheatres.com
Saturday, October 15 - 9:55 am Donizetti’s ANNA BOLENA Saturday, October 29 - 9:55 am Mozart’s DON GIOVANNI Saturday, November 5 - 9:00 am Wagner’s SIEGFRIED
877-789-MOVIE
metrotheatres.com
FAIRVIEW
Information Listed for Friday thru Thursday September 30 - October 6
Features Stadium Seating 225 N. Fairview - Goleta
+ WHAT’S YOUR NUMBER? (R) Fri & Mon-Thu 3:00 5:30 8:00 Sat/Sun 12:30 3:00 5:30 8:00
THE LION KING 3D (G) Fri & Mon-Thu - 2:45 5:15 7:40 Sat/Sun 12:15 2:45 5:15 7:40 DRIVE (R) 3:15
8:15
CONTAGION (PG-13) Fri & Mon-Thu - 5:45 Sat/Sun - 12:45 5:45
METRO 4
Features Stadium Seating 618 State Street - S.B.
+ DREAM HOUSE (PG-13) Fri - 3:00 5:30 8:00 10:30 Sat - 12:30 3:00 5:30 8:00 10:30 Sun - 12:30 3:00 5:30 8:00 Mon-Thu - 3:00 5:30 8:00 DOLPHIN TALE (PG) in 2D: Daily - 2:10 4:55 in 3D: Fri & Mon-Thu - 7:30 Sat/Sun - 11:35 7:30
PASEO NUEVO
8 W. De La Guerra Pl. - S.B.
+ 50/50 (R) Fri - 2:30 5:00 7:30 Sat 12:10 2:30 5:00 7:30 Sun - 12:10 2:30 5:00 Mon-Thu - 2:30 5:00
9:55
THE HELP (PG-13) Daily - 1:40 4:50 8:00
RIVIERA
2044 Alameda Padre Serra - S.B.
THE FUTURE
(R)
7:30 7:30
CAMINO REAL
Features Stadium Seating
CAMINO REAL MARKETPLACE Hollister & Storke - GOLETA
CONTAGION (PG-13) Fri - 2:30 5:05 7:40 10:10 + DREAM HOUSE (PG-13) 12:20 2:35 4:50 7:20 9:45 Sat - 12:00 2:30 5:05 7:40 10:10 + 50/50 (R) Sun - 12:00 2:30 5:05 7:40 1:15 4:10 7:00 9:30 Mon/Tue & Thu - 2:30 5:05 7:40 Wed 10/5 - 2:30 5:05 + (*) MONEYBALL (PG-13) 12:30 3:30 6:40 9:35 DRIVE (R) Fri - 2:40 5:15 7:50 10:20 ABDUCTION (PG-13) Sat - 12:15 2:40 5:15 1:00 4:00 6:50 9:20 7:50 10:20 KILLER ELITE (R) Sun - 12:15 2:40 5:15 7:50 1:30 4:20 7:10 9:50 Mon-Thu - 2:40 5:15 7:50
Wednesday, Oct. 5 - 7:30 pm THE PHANTOM OF THE OPERA 25th ANNIVERSARY ENCORE
ARLINGTON
1317 State Street - 963-4408
THE DEBT (R) Daily - 2:30 5:00 7:30 Saturday - 7:30 only!
9:55 Sunday, October 2 - 11:00 am 7:30 THE PHANTOM OF THE OPERA 7:30 25th ANNIVERSARY HD LIVE
+ (*) MONEYBALL (PG-13) Fri - 1:30 3:20 4:40 6:30 7:50 9:35 Sat 12:20 1:30 3:20 4:40 6:30 7:50 9:35 Sun - 12:20 1:30 3:20 4:40 6:30 7:50 Mon-Thu 1:30 3:20 4:40 6:30 7:50 Playing on 2 Screens!
Fri & Mon-Thu - 5:00 Sat/Sun - 2:15 5:00
+ Denotes Subject to Restrictions on “NO PASS” SPECIAL ENGAGEMENTS
DOLPHIN TALE (PG) in 2D - 12:45 3:40 in 3D - 6:30 9:10
FIESTA 5
Features Stadium Seating 916 State Street - S.B.
Anna Faris....Chris Evans (R) + WHAT’S YOUR NUMBER? Fri/Sat - 1:30 4:20 7:00 9:40 Sun-Thu - 1:30 4:20 7:00 Steve Carell....Marisa Tomei CRAZY, STUPID, LOVE (PG-13) Fri/Sat - 1:20 4:00 6:50 9:30 Sun-Thu - 1:20 4:00 6:50 THE LION KING 3D (G) Fri/Sat - 1:40 4:10 6:40 9:00 Sun-Thu - 1:40 4:10 6:40 Clive Owen....Robert De Niro KILLER ELITE (R) Fri/Sat - 1:50 4:30 7:10 9:50 Sun-Thu - 1:50 4:30 7:10 ABDUCTION (PG-13) Fri/Sat - 2:00 4:40 7:20 9:50 Sun-Thu - 2:00 4:40 7:20
PLAZA DE ORO 371 Hitchcock Way - S.B.
THE GUARD (R) Fri & Mon-Thu - 7:45 Sat/Sun - 2:00 7:45
MIDNIGHT IN PARIS (PG-13) Fri & Mon-Thu - 7:30 Sat/Sun - 2:15 7:30 CIRCUMSTANCE (R) Daily - 5:00
I DON’T KNOW HOW SHE DOES IT (PG-13) Daily - 5:15
HOROSCOPES by Eugenia Last
Happy Birthday: Put greater effort into your future. Pick up more skills and knowledge, or consider an apprenticeship. You can achieve success if you stop daydreaming and start doing. Opportunities are present, and life improvements can be made with a little effort on your part. Don't wait for others to do for you. Your numbers are 8, 15, 19, 28, 33, 36, 47. ARIES (March 21-April 19): Before moving forward, take note of what is going on around you. A change of plans will catch you by surprise but shouldn't stop you in your tracks. Accept the inevitable and leap in the most positive direction being offered. 3 stars TAURUS (APRIL 20-MAY 20): Press on with your plans. For every door that shuts, another will open. Look optimistically at the choices you have and don't be afraid to act aggressively if you can get what you want. A change of scenery will rejuvenate you. 3 stars
GEMINI (MAY 21-JUNE 20): Get down to business and do whatever is required. Relying on someone else is a waste of time and will not impress onlookers. Love, romance, socializing and being the one who takes action will bring excellent results. 3 stars
SAGITTARIUS (NOV. 22-DEC. 21): Take pride in being the one everyone comes to. Your progressive way of dealing with matters will impress someone who will make you an offer you cannot refuse. Prepare to alter your living situation to accommodate your future plans. 3 stars
VIRGO (AUG. 23-SEPT. 22): If you go against the grain you'll take two steps forward and three steps back. Know what's expected of you and work with what you have. Attending a reunion or traveling to old familiar places will help put your life in perspective. 4 stars
AQUARIUS (JAN. 20-FEB. 18): Be a leader, not a follower. Trust in your abilities. Invest in your future, not someone else's. Financial, contractual and emotional gains can be made. An unexpected turn of events will bring benefits far greater than you can imagine. 2 stars
BEGINNER
6 4 1 3 8 2 5 9
1
PREVIOUS SOLUTIONS
S
2
8
2 3 7 5 9 1 2 4 3 5 8 2 9 5 9 4 1 7 4 4 1 3 6
To solve, every number 1-9 must appear in each of the nine vertical columns, each of the nine horizontal rows and F each of the nine 3x3 box. No number can occur more than once in any row, column or box.
S
PISCES (FEB. 19-MARCH 20): Reconnect with old friends to discover something about yourself that you didn't realize. The information you gather will help you make an important decision. A money matter will be riddled with deception. Keep your end of it straight. 5 stars
Birthday Baby: You have great stamina and drive. You are charming, smart, talkative and persuasive.
SCORPIO (OCT. 23-NOV. 21): Don't wait until someone backs you into a corner. Make a decision before it is made for you. If you don't participate, you won't be able to complain about the results. Do your part and you will prove yourself worthy of the support offered. 3 stars
SUDOKU
6
CAPRICORN (DEC. 22-JAN. 19): Listen and take whatever is said to heart. Be ready to make adjustments if you want to get help and support. Using reverse psychology will bring far better results than trying to implement force. Orchestrate and you will achieve success. 4 stars
LIBRA (SEPT. 23-OCT. 22): Memories must not interfere with productivity. Finish what you start before moving on to social events. Being responsible will make an impression on someone you need in your corner. Live up to your promises, keep your thoughts open and be upfront. 3 stars
2 5
6
8
4
9
1
7
3
2 1 9 5 6 8 7 4 6 1 7 2 9 5 3 8 3
4
Eugenia's websites -eugenialast.com for confidential consultations, eugenialast.com/blog/ for Eugenia's blog and join Eugenia on twitter/facebook/linkedin.
Edited by Timothy E. Parker February 17, 2008
ACROSS 1 They’re dressed in black 6 Licentious 10 Enjoy bubble gum 14 Believed without questioning 15 Type of code 16 Promise from one on the stand 17 1959 Hudson/Day movie 19 “A stitch in time saves ___’’ 20 Bakery buy 21 Fine skipper 23 High-five, essentially 25 Find a job for 26 Au ___ (menu phrase) 29 Paul I, for one 31 It may hold your horses 35 Ember, in the end 36 Bit of progress 38 Keep for later 39 They make funny noises 43 Causing goose pimples 44 Crack pusher’s nemesis 45 It may be cast 46 Soak
thoroughly 48 Antelopes, to cheetahs 50 Thus far 51 Pond creature 53 Attack like a turtle 55 Beach attire 59 Summer cooler 63 Far partner 64 NASA structures 66 Cooking chamber 67 Fish-eating fowl 68 Holland export 69 ___ moss 70 Like batik fabrics 71 Mr. Peanut’s footwear DOWN 1 Stare with a lax jaw 2 Relating to the ear 3 Applesplitting archer 4 Hawaiian dances 5 Pampered to a fault 6 Globalpositioning datum, briefly 7 Intervals of history 8 Screen siren Raquel 9 Member of an armed gang of robbers (Var.) 10 Festive
downpour 11 Word with “stone’’ or “storm’’ 12 European volcano 13 A sound of relief 18 Hogfish, e.g. 22 Not canned or frozen 24 Eucharistic plate 26 Shot the breeze 27 Guide with a flashlight? 28 Dinah or Pauly 30 News windup 32 Type of sweatshirt (Var.) 33 “Sesame Street’’ name 34 Adjust the chronometer, e.g. 37 Acts
contentedly 40 Emollient 41 River to the Rio Grande 42 Like a rubberneck’s route 47 Transported by truck 49 Pleasure craft 52 “Dear’’ book 54 Invigorate 55 Equal exchange (Var.) 56 Wed a woman 57 Inkling 58 Adjust a Steinway 60 Currency of Samoa 61 Polish film, e.g. 62 Dangerous biters 65 Beatty of “Deliverance’’
PREVIOUS PUZZLE ANSWER
© 2008 Universal Press Syndicate www.upuzzles.com
“SOFT LANDINGS” by Louis Henley
EXPERT
6 1 3 9 5 6 5 3 4 8 1 2 1 3 7 6 5 1 1 6 4 7
8 9 7 1 4 3 6 5 4 2 8 7 2 1 3 9 5 6 F 9 6 8 7 1 5 3 7 2 4 6 8 5 4 1 3 9 2 7 3 5 8 2 9 1 8 6 5 3 4 4 2 9 6 7 1
7 4
7
8 4 1 9 6 5 3 8 4 7 9 6 5 3 2 1 4 7 8 5 9 6 1 3 2 2
9 5 8 1 3 6
3 6 7 4 2 1 9 5 4 2 8 7 2 5 9 7 1 3 4 6 8
15
Universal Crossword
CANCER (JUNE 21-JULY 22): One step at a time. You don't want to end up backtracking or being criticized for doing something without approval. Focus on your future and what you can do to improve your position. Change can be good, but it has to be on your terms. 5 stars LEO (JULY 23-AUG. 22): Plan to have some fun. Your attitude will make the difference. A challenge should get you excited and ready to strive for victory. Do what you do best, but don't brag. Humility will attract new friendships and enhance your love life. 2 stars
Friday, September 30, 2011
(
CELEBRITIES BORN ON THIS DAY: Kieran Culkin, 29; Lacey Chabert, 29; Marion Cotillard, 36; Jenna Elfman, 40.
Daily Sound
1 2 5 6 3 8 9 7 4 2 6 3 7 8 1 4 5 9 3 1 6 8 4 2 5 9 7
K
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16 Friday, September 30, 2011
Daily Sound
Democrats surging ahead in fundraising NEWS
BY JOSHUA MOLINA DAILY SOUND EDITOR
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The three Democratic Party-backed candidates for Santa Barbara City Council lead the pack in fundraising, according to campaign disclosures filed Thursday at City Hall. Planning Commissioner Deborah Schwartz leads the pack. Schwartz raised $61,638. Trailing her is Cathy Murillo, a former journalist, who would be the first Latina on the City Council if elected. Murillo has raised $57,270. All three received $7,500 donations each from the Service Employees International Union Local 620. The three Democrats are challenging three conservative incumbents for a seat at City Hall. Dale Francisco, Randy Rowse and Michael Self are all running for re-election. Only Rowse, however failed him campaign disclosure electronically as of press time on Thursday. Rowse, the owner of the Paradise Café raised $35,262. Even though Rowse is an incumbent, this is the first time he has campaigned for office. He was appointed to the council in December, to fill the seat vacated by Das Williams. Williams was elected to the state Assembly. Rowse received $3,100 from neighborhood activist Jim Westby and his wife Sharon, for the campaign.
Sharon Byrne, who jumped into the race late, has raised $11,355.25. Byrne is the executive director of the Milpas Community Association. Byrne, who has advocated for a greater police presence on the Eastside, and for the city to better address its homeless problem, received $5,731.25 from the Santa Barbara Police Officers Association. Schwartz also received $3,000 from 12th District tate Assemblywoman Fiona Ma.
DAILY SOUND FILE PHOTO Iya Falcone is currently running third in campaign contributions.
DAILY SOUND FILE PHOTO Cathy Murillo, former journalist, would be the first Latina on the council if elected.
FORUM
But Cruz felt these funds would serve the community more directly if more was spent on neighborhood projects. Contestants also voiced the need to bolster art festivals and programs that would further enrich the community through the arts, such as after school programs for children and more publicly funded murals and projects. Many praised art in Santa Barbara as a unique feature of the community. “The scenic beauty of Santa Barbara through the arts attracts people from all over the world every day,” said Schwartz.
FROM PAGE 4
and more affordable option that could address that concern. Incumbents also defended the funding of the headquarters. “Police departments need to be built to the same standards as a hospitals,” said Self. Rowse added that the basement of the current building is particularly substandard. “It’s third world,” he said. “Most employers would be taken to task by OSHA if they had their employees working in there.”
DAILY SOUND FILE PHOTO Commissioner Schwartz is the campaign fundraising leader so far in this election.