Posted: October 28, 2019
Newberry Springs Community Alliance
Director Unger Denounces
Daggett Solar News Blog
by Ted Stimpfel
CSD director appears unglued.
Before the start of the October Newberry CSD general meeting,
I was approached by Director Jack Unger who was handing out copies of a 3-page rebuttal
that he had prepared to refute portions of the Community Alliance's
October 13, 2019,
The news blog that Director Unger was gasping over is a
review of the Newberry CSD's filed appeal on the Final EIR for the Daggett Solar
Project that Director Unger had written.
I was delighted and impressed that Director Unger was
retorting against the news blog. Such wacky attention drives up
In handing a copy to me, Unger appeared embellished in childish
delight, jubilating that he was making a statement to me. As I was
the principal writer of the October 13th blog, I was surprised that the blog had
struck such a sensitive raw nerve with him. In reading his paper,
I couldn't help but chuckle at the writing material that he was providing me.
In Unger's rebuttal, he repudiates 8-separate passages
from the blog. He presents each passage and he then states what my
intended "Implication" was (he believes that he is clairvoyant and can read
another person's mind). Unger then follows that with an argumentative
spin of what he weaves as the "Actual Fact."
Yeah, Unger got absurdly deep into it. He appears
enraged that his CEQA writing qualification had been challenged.
Well, Unger has distributed his rebuttal and in defense of this
blog's earlier charismatic review... a response is warranted. The previous
blog was politely mild on facts so I will expand on the problems of the appeal's
I find the ego of this man disturbing (as in dangerous to
Newberry's best interest). Unger strongly stresses in the first passage
"CORRECTING THE RECORD"
that he is keenly qualified to properly write on CEQA. His egocentric
belief has interfered with having professional expertise provide input in the CSD's
appeal that he filed with the county.
Jack Unger claims that he has co-written and/or consulted on
300 FCC legal filings.
The fact is that multiple experts from different specialized
fields often contribute or sign on to an FCC filing.
A small random sampling of the
link that Unger trouts as listing his involved FCC filings only show him
listed as a technical consultant, a representative of a small wireless industry
association known as WISPA, or where he has submitted a letter.
Just because Unger has had his name attached as a technical
consultant or a representative to letters written by attorneys doesn't qualify
him in the Law itself. Especially unrelated CEQA Law. Unger may be
an excellent wireless technical writer but that is a different world than CEQA.
Unger's logic is akin to someone contributing information
on the manufacturing of a pacemaker and then claiming to be qualified to surgically
implant the device. Unger's expertise in wireless doesn't qualify him to insert
himself as understanding CEQA.
Because he knows little about CEQA Law, he apparently
doesn't comprehend that CEQA is very specialized and complicated. I stand by the
earlier blog that Unger doesn't have any legal background in it, he lacks technical
CEQA knowledge, and he does not have any personal experience in CEQA based appeals.
As I see it, Unger has a high credibility problem in the
bluffing of his credentials in a high stakes legal game involving your future
health and your assets.
The appeal application that he wrote and filed with the county
stands as the highest and best evidence that Unger lacked the knowledge to properly
Unger has naively challenged my earlier blog's statement which
said that Unger's filing includes a silly suggestion to the Supervisors that they
"direct Clearway" (the applicant) to:
(Quoting Unger's filing)
Unger's rebuttal explained:
"...move the project to a new,
more easterly location that is downwind from the communities of Newberry Springs,
Daggett and Yermo..."
"Rejecting the Clearway proposal in the current Daggett/Newberry Springs
location and moving the project to a location where it would do no harm to nearby
communities makes absolute sense. Moving the project is a clear option that
San Bernardino County could and should consider."
First, Jack Unger has no business in the filing stating
where the county should tell Clearway to place the project; especially, without
CSD board approval.
Secondly, the matter is an appeal. The Board of Supervisors
will either sustain or deny the appeal. As a matter of appeal procedure, the
Supervisors can not advise where Clearway should build (that takes on liability) and
Unger is inappropriately editorializing (without authorization) where the county
should direct Clearway to build.
Jack Unger is NOT the voice of Newberry Springs.
Newberry's strongest argument against the solar project is that
the project should not be built in a Sand Transport Path. Jack Unger has taken
it upon himself to say that it is OK to build it on the eastside of Newberry which is
STILL in a Sand Transport Path doing the same damage to the soil which would impact
Newberry in easterly winds. We DID NOT need to have contradictory and damaging
statements within our appeal filing. What was Jack thinking?
Furthermore, building the solar facility on the eastside of
Newberry STILL has many other negative impacts to Newberry.
Clearly, Director Unger does not understand the process and he has
introduced amateurish argumentative points into the filing which should only contain
constructive facts. These silly problems introduced by Unger could have been
corrected if his great writer's ego wasn't so stubborn and if he had shared his work
with knowledgable individuals prior to his filing of the appeal document.
Unger Received A Fair Appraisal
The Community Alliance's previous news blog extended (October 13,
2019) exceptional fairness to Jack Unger in the review of his appeal filing. It states
that "Unger did a fair job. He covered many of the main points. The main
legal weight of the document falls upon the good exhibits that are attached."
It should be recognized that while Unger wrote the filing, the
appeal is largely based upon information that came from other people who contributed.
Most notable is Pat Flanagan of
who was instrumental in the document's strength. Jack Unger was desperate
and he wisely reached out for help in certain areas, but sadly not in others which
would have made the filing more professional in its structure.
In the blog, I wrote, "The CSD's filing should have been
more than Jack Unger writing by the seat of his unqualified pants."
This is substantiated in part by Unger's inappropriate editorializing.
From this statement, Unger writes, "Stimpfel's Implication" is that
"Mr. Unger is an unqualified writer."
Well, HEEHAW! on this epiphany. Unger finally got it
dang right! As the person writing the appeal, Unger was a newbie and
unqualified on CEQA filings. A wireless technical consultant is
not automatically qualified to write on CEQA affairs.
Unger's dishonest allegation.
This blog post is being written in large part because one of Unger's
8-points is a complete fabrication (a lie or whatever one wants to politely call
bullshit). Jack Unger wrote, "As addressed above, Mr. Unger was
highly qualified to write the Appeal. Mr Stimpfel is likely angry because
during the writing process, Mr. Stimpfel requested to take over the writing of
the Appeal. Mr. Unger refused his request to take over the writing process."
Wrong! This statement by Unger is totally false.
As I do have previous experience in appealing a solar project
before the county, I did contribute knowledge and suggestions but I have never held
myself as qualified to write the appeal application.
With foresight, I did try
for nearly two years to have the CSD board prepare for this time by hiring a CEQA
expert to have the time to follow the events and to become fully aware of the matter,
and to prepare any documents.
Even after the filing assignment was handed over to Unger, I was
suggesting that Unger's writing be turned over for review to a qualified CEQA expert.
Unger, believing that he is such a great writer, did not want his work reviewed by an
expert (Was it fear?) and he arrogantly dismissed the need for professional guidance.
At no time did I exceed my limits and suggest that I was qualified nor did I ever request
to write the appeal as Unger fabricates.
The October 13th news blog has truly gotten into Jack Unger's
head. Some of his other fictional points are grasping at bizarre scenarios that
I am a disgruntled candidate who lost in the last CSD election and that I am sulking
in my defeat.
People that know me understand that the opposite is true.
I enjoy far more writing about the CSD board and its characters than being on
the board. If I had been elected, I would be fulfilling my progressive changes for
the CSD. That in itself would be a full-time job, which in my retirement, I would
have to sacrifice many of my desired priorities. This I was willing
to do because I can not "Write without being willing to walk the walk."
At the request of supporters, I ran for office.
The community did not elect me, but I am grateful for each
who did vote for me. They wanted to see a change in the CSD's direction and
not experience incompetence. The election was a beneficial experience because
for the first time in years some candidates actually had to campaign.
Yes, I lost because people don't know my name and because of
disinformation being widely circulated by the Paula cartel that I didn't live in
the community. One can not register for office without first substantiating
proof of residency with the Registrar of Voters. Paula and her cartel clearly
Even while speaking at the October 22, 2019, CSD board meeting,
Director Jack Unger publicly asked where my residency is. He is the one that
still can't let go of the last election. Since Unger has again brought up the
residency topic, he
in an aging mobile unit near the riverbed.
Did the filing suffer from a lack of time?
The earlier news blog did legitimately question whether
Jack Unger was able to dedicate adequate time to the preparation of the
appeal. The appeal had to be written on extremely short notice and
Unger works as a graveyard security guard way-over-yonder in Hinkley.
At the time of drafting the appeal, he would have also been preparing for
one of his Civic Hub meetings held the second day after his appeal filing.
Unger's "CORRECTING THE RECORD" shows a very touchy sensitivity to my assertion
that Unger might have been overextending himself.
Unger attacking his mirror.
Jack Unger starts his paper off with the Background of the
Good, the Bad, and the Ugly of me. Well, nothing I write doesn't have
truth behind it. Unger attacks that my writing is "false, fabricated
and misleading" but he fails to present any valid evidence of such.
Yes, the truth can be divisive and very disturbing to some,
and they want to attack the messenger,
but where else in Newberry can you find the information that the common folks are
deprived of? The Newberry CSD does an excellent job of keeping residents in
the dark. The CSD doesn't even audio record their meetings nor has an
adequate PA system for the audience to fully hear their meetings.
As previously stated, for nearly two years, I was trying to get
the CSD board to acquire a CEQA expert and prepare to address the Scoping Meeting,
the EIR Draft, the Planning Commission, and a possible appeal. Unger sat on
the board for a part of that time. He sat silent, ignoring my foresight.
As late as the Saturday before the appeal had to be filed on
Monday, I had a CEQA expert available to review Jack Unger's filing on Sunday
but Unger's ego of being a magnificent writer wouldn't allow a review,
so possible beneficial CEQA passages of Law and other points of the FEIR's
deficiencies were not included in the filing.
Where gratitude is deserved.
Thanks to Pat Flanagan and a few others, good points were included
in the filing to give the appeal good legal merit.
I do highly praise Jack Unger for bringing the appeal before
the Newberry CSD board and I thank the board for listening to the community and
deciding to file the appeal.
As stated, Jack Unger did do a fair job at writing the appeal
on short notice. With so much at stake for the community, a collaborative
effort by him could have made the appeal much better.
The appeal is the kick-off of what may become a long, drawn-out
fight against the solar facility. Clearway Energy is expected to fight hard
against the appeal and the citizens of Newberry. This community needs to let
its egos go and unite collaboratively or it will lose.
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