Libbey Razed ~ The Ojai and Ventura VIEW The Gold Coast's Only Truly FREE Newspaper!

In Print and Online www.OjaiandVenturaVIEW.com HOME The Ojai & Ventura VIEWis FREE, edited, and written by its contributors. Printed by Valley Printers, and distributed in the Ojai & Ventura Gold Coast Region, 15,000 copies printed monthly. Content is Copyright 2010, StealthKat Graphics/The Ojai and Ventura VIEW

LINK: Whistleblower: CPUC Video: Golden State Water Co. Slammed: "GUILTY OF MISCONDUCT" Cal. Pub. Util. Commission Meeting - 12/15/2011

Doing Business in Ojai... First Amendment Under Fire in the Good Ole' USA

What it all means?

VIEW Newsnotes: as published in the June, 2010 Issue of the Ojai and Ventura VIEW: June, Issue 27

Censorship Alive and Well In Red China Too

JUNE, 2010: News reports out of Red China show the communist country will continue to suppress online freedom, according to the red government, after months of censorship tiffs with the U.S. Govt. and search engine Google.
Google shut down its main Chinese search engine this year as Beijing tightened their iron fist grip over the communist countries net, citing a need to be careful with sensitive content such as politics and ethnic unrest. The June 8 [2010] communist government manifesto noted that, "The Chinese government encourages the use of the internet in ways which aim to promote economic and social progress, to improve public services and facilitate people's work and life" and that internet usage was "transforming the pattern of economic development" in socialist China.
The communistic government cited new and improved sparkly internet services for the Chinese people, whom they purport to be protecting, while critics say China is attempting to suppress criticism of the government, subjects they deem inappropriate, and human rights policies against Taiwan and Tibet.
- Joel Anderson, editor

PRESS RELEASE

May 16, 2011 from AMNESTY INTERNATIONAL
Moroccan Journalist Set to Face Trial over Security Forces Criticism

Rachid Nini is on trial for his criticism of Morocco's counter-terrorism law.

A Moroccan journalist set to go on trial tomorrow, apparently for criticizing Morocco's counter-terrorism law, must be released immediately and unconditionally if he is being held solely for his writing, Amnesty International said today.
Rachid Nini, editor of the el-Massa daily newspaper, was detained on 28 April 2011 following the publication of several articles criticizing the counter-terrorism practices of the Moroccan security services, including prison sentences handed down after unfair trials against Islamists.
He has also repeatedly called for increased political freedom and has written about corruption among government officials.
"The detention of Rachid Nini runs completely counter to reform promises King Mohammed VI made earlier this year, where he promised to strengthen human rights. This is a severe attack on freedom of expression," Amnesty International said.
Rachid Nini has been charged with "undermining of a judicial decision, attempt to influence the judiciary, and reporting on untrue criminal offences". He is currently being held in Okasha prison in Casablanca and his trial is set to begin on 17 May.
"Using criminal charges against someone who is merely exercising his right to peaceful expression is preposterous", Amnesty International said.
"It is wrong to detain a journalist simply for doing his work and questioning the counter-terrorism policies of Morocco and their efficiency and exposing abuses by the security forces."
Rachid Nini's articles have called for investigations into allegations of torture of terrorism-related suspects, as well as condemning abuses at the detention centre in Temara, south of the capital Rabat.
“If Rachid Nini is being held solely for criticizing the counter-terrorism law and corruption, we would consider him to be a prisoner of conscience," Amnesty International said.
The Moroccan authorities have been under pressure to respond to demands for political and human rights reform, following continuing demonstrations since 20 February inspired by the events in Tunisia, Egypt and Libya.
In March a number of reforms were announced, among them a new National Human Rights Council. King Mohammed VI also promised a plan of constitutional reform, as well as giving up some of his political power.
The Moroccan authorities continue to curb freedom of expression on sensitive issues that touch upon national security, territorial integrity and the monarchy. Human rights defenders, journalists, lawyers and others still face intimidation and even prosecution when they transcend certain "red lines". On numerous occasions, Amnesty International has called for the repeal or amendment of provisions in the Penal Code and the Press Code which criminalize the peaceful exercise of freedom of expression.

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WHAT PARKS COMMISSION?

"The [Ojai Parks and Recreation] commission is feeling like they've been left out of the process on the Libbey Bowl and how that affects the park and other aspects of the park besides the Bowl" - Councilman Paul Blatz, Council Meeting, Feb 8, 2011

Playing With Fiction "When a thing is new, people say, 'It is not true.' Later, when its truth becomes obvious, they say, 'It is not important." Finally, when its importance cannot be denied, they say, 'Anyway, it is not new.' ~ William James

MARCH 22, 2011 UPDATE: "The Banks are not being cooperative to us..." - Carol Smith, Ojai city council member, Mar. 22, 2011 council meeting

VIEW EXCLUSIVE: VIEW pdf: as published in the June 2010, Issue 27 Issue, The Ojai and Ventura VIEW, COVER STORY: June Issue #27: Did the Save the Libbey Bowl Bunch Bankrupt the Town? ~ The Hidden World ~ Stay Tuned for Updates..... Non-Profit Funnnndz.........

The story... Libbey: Sold for the price of Scrap ?

Last Grasp for the Cash

by Joel Anderson, editor What's the difference between when the poor and middle class want to do something, and when the rich want to do something in Ojai? Here's the illustration, draw your own conclusion, what I saw, what I imagined would have happened if the shoe were on the other foot, couldn't have been further from the truth. Right down to the odd episode of the disappearing entire section of Libbey Bowl benches, but we'll get into that later.

"Hell isn't merely paved with good intentions, it is walled and roofed with them" - Aldous Huxley

Right down the line, the "Save Libbey Bowl" bunch had presented an elaborate sales pitch, which on face value, sounded pretty good. There were the long, long heart-wrenching bleeding heart pleas, involved descriptions of the raggedy condition of the Bowl that drew up visions of your abandoned step-child.... Everyone has one, right? I even heard stories about giant rats living under the stage, at some point. What better project to get behind, after all than a venture to restore the cradle of our town - "Our Town" and "Libbey Bowl" seem synonymous, don't they now.

As it turns out, much of the money raised over the past few years wasn't money after all, but was in fact long term pledges, which wouldn't be payable in full for another five years..... five years, I said !!! Sort of a play now, pay later Deal, but we didn't know it at the time.

Now, many people who have had the experience of working for a living, like most of the hard working taxpayers in Ojai, have probably at least once along the way been burned - trifled with when it came time for you to collect wages due for your hard labors promised and completed. The excuses; missed phone calls, 'pay ya tomorrows', 'check is in the mail' were not very reassuring, especially when the big rush was put on you in the first place to hurry and complete the work.... before it's too late. Remember that feeling in your gut, sort of a blind hope as you grasped for a reason to believe this guy isn't ripping me off, couldn't be.... yeah you wanted to believe in the friendlier side of human nature; surely the golden rule is somewhere, and maybe, just maybe some unseen force of mercy would appear before you, see the equity and just pay the check, so you can finally go home and get some sleep. But..... eventually you open your eyes to the reality, and some unreal nightmare reveals itself, begins turning ever so slowly like buckets of taffy in your gut and reducing you to low volumes of frustration, quickly followed by a high-pitched, feverish anger bordering on terror.... and a piece of your dignity and faith dies a little more that day. You eventually promised yourself someday you would be smarter, someday..... yes, the promises came, you vowed, 'I will never, never, never again be so dumb and put myself in that position again.....' You remember now, that feeling in the pit of your stomach.

Another result was that you wound up digging deeper into your own pocket afterwards; while, to the guy who benefited from your blood, sweat and tears, you became just another good dinner 'Pah-tiiiii' story, where he could boast about the "deal" he got, how hard working you were, then he could feel comfortable and have engaging thoughtful discussions about solving world poverty and such !

Back to this Libbey Bowl thing; the understanding with the Ojai townfolk was that the City would contribute $750,000 from the city coffers and offer free city staff time for the project, with another million coming from "The" Ojai Music Festival "Family" and a remaining million would be taken in from "donations".

And about this shoe on the other foot thing, can you imagine if the Build the Skatepark people had come to the City Council town Meetings with pledges, promises to pay? An IOU, instead of an MOU? Can you imagine the look on their royal faces?

So why is it that the very large citizen grassroots-base Skate Ojai was held to a higher standard of, "Bring Cash" and even when they fulfilled THAT promise and it appeared a slam dunk that the skatepark would then be built, the City upped the 'Canty'; suddenly there were conditions of safety, alleged drug dangers, just bad skate-type people, volunteer insurance issues, liability, tenant/owner negotiations, the fence, and more to prevent the project from moving forward... And so why is it that when another exemplary group comes before council says they will bring Cash for their project but instead, for the substantial pledge portion, they bring what adds up to a virtual pile of useless monopoly money, they get the red carpet treatment and accurate directions to the fast road to the city treasury !!!

That adds up to $3 Million, Right? WRONG. Somewhere along the line, long before a shovel has even turned dirt, the price jumped up to over $4 Million so far.... A Million + increase is no small jump. No bag of laughing potatoes. What happened?

Forget that the original design concept never went out for bid, and was awarded to Architect and former Ojai Mayor, Mr. David Bury (Mr. Bury received $70,000 for original efforts, calculations, drawings, to do the minimal site plan, and eventually hundreds of thousands more). And forget the cost analysis job costs overages, before construction has even begun. You can also forget those old owner-occupied Sycamores, those that wisp so ethereally in the wind with the winds of the orchestra during the more lucid purifying moments of each festival. They too have an appointment with the axeman's blow. Couldn't the well-known treasures at least be moved ? Oh well, somehow the word grandiose, does not seem like an inappropriate word to start kicking around somewhere in here.

Jump forward to last month when, all of a sudden a bombshell; it was found out the upwards $1.8 Million in (many lease contingent) limited pledges was not CASH IN THE BANK, but limited pledges which you and I now know as sort of "IOUs" and the group says they hope to retrieve the gifts over the next 5 years. Suppose you invited a friend, "Let's take a drive along the coast. I think I may have gas money, but let's just drive.... and hope we don't run out...." Now this is fine during your free-wheeling wreckless teenage years, you always had your thumb to get you out of a hapless adventure, right..... but this isn't Kansas anymore, and is this any way to run a city during our biggest economic meltdown? Is the city now a freewheeling teenager? I don't think so. Should the City of Ojai be forced to hitchhike ? A Life of Luxury, or Life on the road.....? You Decide!

Well, so Let's "Save Libbey Bowl". The fundraising group went to the City, June 8, with their real $900,000, and with what some say could be up to $1.8 Million in monopoly millions (thinly disquised as 'pledges'), and told the city to either get a loan, or Raid the City Kitty Reserve Account, to back up the unclarified pledges (IOUs), which would then effect some unknown balance, eventually, sort of.... the City decided the Kitty was too 'Phatt' !

In a "Save Libbey Bowl" marketing document from months old now, under a section entitled, "BY WHEN DO YOU NEED MY GIFT?," under that section the document clearly states, "The project is scheduled to go to bid at the end of April 2010 and the City will not send it out for bid without the committed funds. A BRIDGE LOAN IS IN PLACE TO FUND CONSTRUCTION COSTS UNTIL ALL 5 YEAR PLEDGES ARE COLLECTED." Bears repeating, "A BRIDGE LOAN IS IN PLACE". What's a bridge loan ? The Golden Gate is way north of here, and I don't think that finance company likes Ojai's fico score.

"A Bridge Loan is in Place." It does not say, "seeking" a loan, "hope to get" a loan, or "we're gonna wish real hard" for a loan. It says "A BRIDGE LOAN IS IN PLACE" secured by who? "Save Libbey Bowl" or by pay you tomorrow if I can play today?

Well, as it turns out there was never any Loan in place to cover the pledges. Never!

Councilmember Sue Horgan confirmed the Cities position at the April 13 [2010] city council meeting, "...I want to remind everybody it is my position that I could not vote to award a contract if all the money is not in the bank and that means cash money, not pledges."

According to www.thetruthaboutmortgage.com, "A 'bridge loan' is basically a short term loan taken out by a borrower against their current property to finance the purchase of a new property." We all know short term loans come with big time interest, up front fees, and large final price tags.

Aldous Huxley wrote, "Hell isn't merely paved with good intentions, it is walled and roofed with them". There have been a few different twists to this concept over the years, but suffice it to say the General Contractor who was awarded the construction bid June 22 had a front row seat; his very name appears in black and white on the very same document packet, as being a member of the "Community Leadership Council", originally founded by the Ojai Festivals and City to organize and structure the effort.

As Contractor Steve McGillivray's name is indelibly marked, I would have to assume he expected the funds would be available to fund the project, in the eventual event he were to win the bid competition and execute the project to completion.

A huge (really vast) number of high stakes community leaders are also listed on various "Save Libbey Bowl" associated committees, councils, boards, and even eventually a "bowl brigade", so I found it difficult to believe all the "A List' names expected what was to happen June 8, when the Cash Trap was sprung, publicly at the city council meeting and the pledges, in the form cash, it was found, were indeed not in bank, left out near completely, and the "Save Libbey Bowl" group then almost gently requested the pledges be secured by raiding the cities depleting budget.

Included on this document is the name of a Esther Wachtell, as also being a member of the "Community Leadership Council". She appears also to be a central fundraiser in the project, and is President of the Ojai Music Festival.

After the June 22 City Council meeting, in which the construction contract was awarded, everything seemed pleasant; the following day, June 23, I received an email (see page 2, column 1 of this issue of the VIEW [June, Issue 27]) requesting The VIEW "Not Publish" Mrs. Wachtell's photograph, simply taken along with many others in the course of my newsgathering activities at the public city council meeting, held at City Hall. Now there are the occasional requests I hear not to publish a photo, but these usually have something to do with a private individual who perhaps has a few outstanding unpaid traffic tickets or something else relatively innocuous, and that's no big deal, and understandable to me. This email I was sent got me to thinking, could Esther have that many unpaid traffic tickets? I found that hard to believe as I'm sure she's a pretty good driver, like most of us in the community, so I googled her. My computer was inundated with hits. News articles detailing an alleged cooking of the books in efforts to raise money for... linked to a board of directors for the Music Center, resignations, allegations of political payoffs, all down in LA all scattered across my screen in seconds like the dynamo hum. Sound familiar ? There were bigtime publishers, financial officers all documented on the record, making charges that would probably raze Mr. Libbey himself, and apparently had many unhappy music center members down there in LA.
Here is what I found.

According to an April 26, 1993 Los Angles Times article, written by reporters Diane Haithman and Tracy Wood, "Many patrons of the Los Angeles Music Center had hoped that the announcement of President Esther Wachtell's resignation in December would ease internal turmoil, improve fund raising and signal a time of healing. But her presence has remained controversial." The article did go on to state in all fairness, "Maurice J. DeWald, a member of the Music Center Board of Governors, calls Wachtell "the most outstanding fund-raising and development person in the country. . . . She has made many, many friends for the Music Center"; however I was disturbed by the following excerpt from the article, "In a letter to center board Chairman James A. Thomas, former Los Angeles Times Publisher Otis Chandler said he and his sister, Camilla Frost, "strenuously object" to Wachtell having any role in the awards created with a $1.5-million family grant in honor of their mother, Music Center founder Dorothy B. Chandler. At the request of the Chandler family members, this year's awards--which give $25,000 grants to emerging artists--will be postponed because the center is undergoing a change of leadership.

"It's been a sad chapter to me in the history of the Music Center to watch this unfold," Otis Chandler said in an interview. "It is really what her administration has done to the reputation of the Music Center in the minds of many people who were formerly complete supporters." Chandler is a member of the Board of Directors of Times Mirror Co."

Needless to say, I was shocked. I continued my google, in an attempt to untangle things and make sense.

I found another LA Times article, which stated the headline, "Ex-Music Center Official Tells of Financial Disarray Finances: James Black says he is a 'scapegoat' and blames president for lavish spending. She denies charges."

Now, you have to understand, that after going through the roller coaster ride of the last month or so; talks of funding problems, emotional city council meetings about large quantities of money, Save Libbey Bowl fundraising parties, my curiosity was moving at a fever pitch by now. So what do you do when your curiosity is piqued ?

I read another article. It was dated October 23, 1992, and also written by Diane Haithman and Tracy Wood for the LA Times; it's lead was, "As part of a secret settlement, the Los Angeles Music Center paid at least $150,000 in salary and benefits to a former vice president after he alleged that he was made the scapegoat for the center's embarrassing financial problems.

The former executive, James B. Black, told The Times that those financial difficulties largely resulted from lavish spending by Music Center President Esther Wachtell, who he said ignored his repeated warnings about overspending."

I am a Gotta-See-It-To Believe it kind of person, so I read on.

The article detailed that this guy, Black, allegedly said he was ordered by Wachtell to alter the music center's accounting system to make it appear "they had met their 1990-91 fundraising goal" the article stated. Are you curious yet ? The article next printed something to me that was bone chilling and somewhat deja-vu, "Officials later revealed that the center was $1 million over budget and $1.3 million short of the fund-raising goal.

The disclosures threw the center into turmoil and caused the prestigious performing arts complex to scale back fund-raising targets and reduce support to resident companies.

"I think that I was the scapegoat," said Black, who was in charge of the center's finances. "I'm not employed there anymore (but) she was the one who was responsible for this," the Times article finished, "Wachtell, head of the center's prestigious fund-raising arm for five years, denied Black's allegations, saying: "He's trying to take care of himself" by attacking her.

Wachtell said her spending practices were prudent and that she did not authorize or know about the accounting changes that led to the fund-raising fiasco.

"You are using somebody else's money," she said. "You have to be careful how you do it."

Black said the center demanded his resignation in August, 1991, over the fiscal problems, but he refused and was placed on paid leave.

Within two weeks, his attorney wrote a letter to Music Center officials, saying that Black "had been made a scapegoat for the mismanagement of his superiors" and that his story would "make interesting reading." The letter demanded that Black be paid a year's salary of $120,000, plus benefits, to prevent "several millions of dollars in damage claims."

According to a confidential March, 1992, agreement recently obtained by The Times, center officials essentially met Black's demands.

During the last year, Music Center officials have maintained only that Black was on paid leave. Citing personnel policy, they refused to disclose his current salary, and they never indicated that his payments were part of a financial settlement," said the Times Article.

I don't know if something is rotten in Denmark, or giant termites have invaded and are indeed gnawing on the wood at Libbey, but one thing is for certain with regard to the Libbey project, the promises to Raise Cash, which turned into the promise of a pledge guarantee "Bridge" loan secured by "Save Libbey Bowl" or some unnamed entity, and original City requirements the save the Bowl with solid "Cash in Hand" before a contract was awarded, were certainly flushed down the bowl. With the dire financial collision course Ojai is on, I think it's only prudent that a complete and independent audit of the financials related to all aspects of the project, be done, so as not to jeopardize the project any further. Again, it seems unconscionable to me that Funding was promised, then it didn't appear, then the city is getting stuck with the bill, or else....

Another extremely important aspect not to be overlooked in all this is the model draft 99 Year Lease, in which the City would hand over Libbey Bowl and the facilities (for 25 seasonally prime venue dates per year) for just $1 annual fee.

It’s a bad deal for Ojai entering into such a long term lease, especially at that WHOPPING pricetagged $1 a year ($99 total) as stated in the model lease agreement. Also the City of Ojai (here's that word again "Taxpayers") will be 100 percent responsible for maintenance and repairs (basic wear and tear) over the years, less any damages to the facilities caused by the festivals. The only real benefit to the City of Ojai is residual; increased tourist dollar traffic to local businesses; however the downsides; congestion, added water useage, smog, etc., and matter of fact there has been NO Environmental Impact Report (EIR) to study all this recent talk of additional huge commercial pressures on the venue, to Ojai. Don't get me wrong; the Festivals have brought the likes of Igor Stravinsky (whose work Beatrice Wood was especially enamored), Pierre Boulez, John Adams, and as one having photographed Michael Tilson Thomas, I can say I found him an absolute gem to work with, fully committed to "The Ojai" - yes so many should be Thanked, and Ojai has truly benefitted immensely from the engaging culture over the years, but too soon I digress.

Back to the lease idea....First of all, if you rented out your beloved home to out-of-town guests, would you allow that tenant to draw up the lease, on your property? Who knows what unwanted terms would be allowed on the place ?

A 99-year lease should be entirely out of the question for now, and I would be skeptical at this point, of seeing ink on even a 99-second lease ! Heck, if it's money we're worried about, I'd be willing to put in an increased offer, up to $120 on the 99 years, and may even consider seeing that myself and future generations of my family mow the lawn every couple months, just to keep down the gophers.

And soooo, as I understand the Terms of the model lease (scheduled for "Inking" at the next July 13 city council meeting), the city (taxpayers) would also miss out on rental revenues during the seasonally key venue dates, with all the proceeds for any scheduled events therein going to the Ojai Festivals. It looks like the festival folks are planning on buying out "our" Bowl, "Our Town" "Our Soul" and sort of privatizing it and selling it to the highest Ticketmaster bidder, nice, neat, and tidy. (Remember a "Non-profit" organization still has a Board of Directors, where salaries are paid out, etc. to determined individuals.)

So, once again.... the equity needs restated of Demanding the Skate Ojai group raise $1/4 Million Cash on the Barrelhead (which they did!), yet allowing mere pledges for the self-styled snappier members of the community simply boggles the trodden mind. Oh yeah, one more thing; there is another Times headline which reads, "Music Center Head Sought Payment for Political Gifts Arts: Esther Wachtell denies getting reimbursed for contributions. Internal probe cannot confirm allegations" but inks a wastin' and I figure you can do your own research.
For more info, google, Articles LA Times Esther Wachtell
See you at the Festivals.....

- Joel Anderson, editor

This land is your land, this land is my land
From California, to the New York Island
From the redwood forest, to the gulf stream waters
This land was made for you and me

As I was walking a ribbon of highway
I saw above me an endless skyway
I saw below me a golden valley
This land was made for you and me

I've roamed and rambled and I've followed my footsteps
To the sparkling sands of her diamond deserts
And all around me a voice was sounding
This land was made for you and me

The sun comes shining as I was strolling
The wheat fields waving and the dust clouds rolling
The fog was lifting a voice come chanting
This land was made for you and me

As I was walkin' - I saw a sign there
And that sign said - no tress passin'
But on the other side .... it didn't say nothin!
Now that side was made for you and me!

In the squares of the city - In the shadow of the steeple
Near the relief office - I see my people
And some are grumblin' and some are wonderin'
If this land's still made for you and me.
Copyright 1956 (renewed 1984), 1958 (renewed 1986) and 1970 TRO-Ludlow Music, Inc. (BMI)

editor@OjaiandVenturaView.com

"[The People] are the ultimate, guardians of their own liberty."
- Thomas Jefferson