CSD Possible Settlement Update
Posted: March 15, 2020
Newberry Springs Community Alliance
by Ted Stimpfel
Mandatory Settlement Conference
The Mandatory Settlement Conference (MSC) between the
Newberry CSD and the County was held on Monday, March 9, 2020, and ended
with a continuance. Officiating was Judge David Cohn of
Department 26 of the County of San Bernardino Superior Court.
The County was represented by counsel
Jason Searles. The Newberry CSD was represented by Mitchell Tsai
who attended by teleconference. Also in attendance by teleconference was
Andrew Sadey, an attorney representing the Real Party in Interest,
Daggett Solar Power Facility 1, LLC.
The meeting was closed to outsiders but the continuance
of the MSC to June 2, 2020, indicates that the judge sees existing potential
for the parties to settle and he is providing additional time to the parties
to work out the possible details.
With the sunset on the federal solar incentives occurring
this coming December 31st, it can be reasonably expected that Daggett
Solar Power will be offering some very high bribes to get the Newberry
CSD to sell out the community and settle.
It appears that Respondent / Defendant County of San
Bernardino Land Use Services Department will be removed from the
litigation. This was expected and is understandable as the
department falls under the defendant County of San Bernardino.
CSD's Brown Act Violations
The community's ability to respond to the highly
hazardous Daggett Solar Power Project has been greatly obstructed by
the refusal of the Newberry CSD directors to work with the community.
The CSD directors claim that all of the CSD's
involvement and information regarding the litigation are privileged
and that they can not release anything according to the Law.
Even Director Jack Unger became unglued and ignorantly
shouted at the public audience members following a CSD Closed Meeting that
the CSD's secrecy is the Law ! Well, that was just another
lie from Unger. It is not the Law.
While the Brown Act does allow secrecy
"...regarding pending litigation when the discussion in an
open session concerning those matters would prejudice
the position of the local agency in the litigation,"
(Gov. § 54956.9 (a) ), the Brown Act otherwise REQUIRES
The CSD is required to provide vital information
on great community concern unless the specific information would be
of a privileged nature.
To be privileged, the withheld information must be narrowly
construed and must be of a nature that it would prejudice and harm the
CSD if released. The Brown Act does not allow the CSD to operate
in a complete information blackout or bubble when information will not
impact nor prejudice the negotiations nor the underlying litigation.
The CSD has even intentionally failed to disclose the
general nature of what is so privileged that it supersedes the public's
overwhelming right to know the workings of its elected officials.
The CSD directors appear to be in direct denial and violation of the
state's Brown Act.
The CSD's actions are highly arrogant and abusive
to the community's residents. In eight months, the seats of
Paula Deel and Larry Clark are replaceable.
The community will have a chance to voice their displeasure of
the repeated years of terrible CSD bungling and mismanagement.
Newberry residents interested in actively participating
with the Friends of Newberry Springs in the defense of the community
are encouraged to
if they haven't already.
Daggett Solar Air or a Healthy Community's Air ?
WHAT IS SILICOSIS ?
Silicosis is an incurable, and fatal lung disease that is a result of
crystalline silica exposure. It is progressive, which means it
gets worse over time, even if you are no longer experiencing silica
Once the crystalline silica enters into your lungs,
it immediately begins doing damage by acting like tiny blades, making
cuts on your lung's air sacs. This leads to scarring, inflammation,
fluid, and stiffening of the lungs as it progresses and reduces your
ability to pull oxygen from the air that you are breathing in.
Next Newberry CSD board meeting is
Tuesday, March 24, 2020, at 6 P.M.
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