Wednesday, October 31, 2012

Why you should have faith in the legal profession - Michael Smith ...

Good lawyers know this.?? They don't break these rules.?? Thank you to a good lawyer who put this memorandum together for you on the blog

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This memorandum sets out a few brief examples (there are
many others) of the attitude of the Courts and various disciplinary bodies to
solicitors found guilty of wrongfully certifying or dating documents or
otherwise making false or misleading statements to others.

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  1. In the New South Wales case of Demetrios v Gikas Dry Cleaning Industries
    Pty Ltd (1991) 22 NSWLR 561
    , the NSW Court of Appeal considered the
    position of a solicitor who had signed a mortgage as witness to the signatures
    of both husband and wife, although the wife was not present when the document
    was purportedly witnessed by the solicitor. Two of the judges (at 565) stated
    that the solicitor?s conduct conveyed ?a material misrepresentation to the
    solicitor for the vendor?. The Legal Profession Disciplinary Tribunal then held
    in Re Demetrios [1993] 3 LPDR 3 at 6
    that ?The conduct of the solicitor in signing his name as witness of a
    signatory on documents that were not signed by that signatory in his presence
    is clearly conduct which would be regarded as disgraceful and dishonourable by
    solicitors of good repute and competency.?

  2. In another New South Wales case with similar
    facts, Law Society of New South Wales v
    Georgas
    [2008] NSWADT 82 at [38], the tribunal agreed with the submission
    of the Law Society of New South Wales that ? ?any solicitor who purports to
    witness a signature of a person in circumstances where the solicitor does not
    see the person whom the signature purports to represent sign a document?must be
    prima facie guilty of conduct which, on any definition, can only be described
    as professional misconduct.?

  3. In a Queensland case, Attorney-General v Bax [1999] 2 Qd R 9, where a solicitor, among
    other things, ante-dated a deed of loan and deceived a creditor?s meeting, one
    of the judges of the Queensland Court of Appeal remarked, ?The spectacle of a
    solicitor, who was chairman of the meeting, falsely asserting a date for the
    execution of an instrument is one that is not likely to be readily forgotten by
    the large number of business people who were present on that occasion. It
    conveys a very poor image of the honesty and integrity of solicitors and so
    tends to bring the whole profession and its standards into disrepute.?

  4. Legal
    Services Commissioner v Ramsden
    [2006] LPT 010 (Queensland Legal Practice
    Tribunal) was a case where a solicitor was reprimanded and fined for
    post-dating a mortgage to avoid stamp duty penalties.

  5. Prothonotary
    of the Supreme Court of New South Wales v Chapman
    (CA (NSW) 14 December
    1992, unreported, BC9201419) was a case where the solicitor made false
    declarations in registering a business name, and allowed clients to use false
    names in accounts. Apparently the solicitor did this to protect his prostitute
    clients from harassment. However the Court said (at 20) that this conduct ?was
    not the conduct expected of a solicitor?.

?

General conclusions cannot be drawn without looking at the
individual circumstances of each case.?
However it is reasonable to say as a general proposition that lawyers
are expected to act with candour and honesty in their dealings with others, and
this outweighs their responsibilities to their clients.? As remarked in one of the leading Australian
textbooks on lawyers? professional conduct, which cites the cases referred to
above, and numerous others: ?Although making false or misleading statements to
the court clearly strikes at the heart of the administration of justice, for a
lawyer to knowingly or recklessly make false or misleading statements to
persons other than the court ? whether to a client, an opponent, a professional
body or other tribunal, or otherwise a person who relies on those statements ?
is likewise indicative of dishonesty. It therefore amounts to professional
misconduct, or at least unsatisfactory professional conduct.? Riley Solicitor?s Manual ?[35,035].

Source: http://www.michaelsmithnews.com/2012/10/why-you-should-have-faith-in-the-legal-profession.html

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Monday, October 29, 2012

How sweep it is: Giants finish off Tigers

DETROIT (AP) ? Kung Fu Panda, The Freak, The Beard and all their seed-throwing buddies are on top of baseball ? again.

They may be under the radar, unappreciated and unexpected. But they're unassailable, the winner of two World Series titles in the last three years.

Their sweep of the Detroit Tigers, completed Sunday night with a 4-3, 10-inning win, was simply historic.

No National League team had swept a World Series since the 1990 Cincinnati Reds.

No NL team had won twice in a three-year span since the Big Red Machine in 1975-76.

"I'm numb, really, the fact that we've won two World Series in the last three years," Giants manager Bruce Bochy said. "This will sink in, but right now, I'm kind of speechless on that."

This happens in the NL only slightly more often than appearances of Haley's Comet. They are just the fifth NL team to accomplish the feat since the 1907-08 Chicago Cubs, joining the 1921-22 New York Giants, the St. Louis Cardinals of '44 and '46, the Los Angeles Dodgers of '63 and '65, and that Big Red Machine.

And these Giants did it with small ball, becoming only the fifth big league team ? and the first since the 1982 Cardinals ? to win the title after finishing dead last in home runs during the regular season.

"Our guys had a date with destiny," Giants general manager Brian Sabean said.

Marco Scutaro delivered one more key hit this October, a go-ahead single with two outs in the 10th inning against Phil Coke.

On a night of biting cold, stiff breezes and some rain, the Giants sealed the title when Sergio Romo got Triple Crown winner Miguel Cabrera to look at strike three for the final out.

"Tonight was a battle," said Giants catcher Buster Posey, the NL batting champion. "And I think tonight was a fitting way for us to end it because those guys played hard. They didn't stop, and it's an unbelievable feeling."

Posey, the only player in the starting lineup when San Francisco win the 2010 clincher at Texas, celebrated with his teammates in the center of the Comerica Park diamond. In the clubhouse, they hoisted the trophy, passed it around and shouted the name of each player who held it.

"World Series champions!" hollered outfielder Hunter Pence, who started the pregame seed-tossing ritual.

Pedro Sandoval, nicknamed Kung Fu Panda, was benched for most of the 2010 Series and then went 8 for 16 this year, including a three-homer performance in Game 1, to win MVP honors.

"I was ready for the moment," he said. "I was waiting for the opportunity to be in the playoffs again."

Cabrera delivered the first big hit for Detroit, interrupting San Francisco's run of dominant pitching with a two-run, wind-blown homer over the right-field wall in the third.

Posey put the Giants ahead 3-2 with a two-run homer in the sixth and Delmon Young hit a tying home run in the bottom half.

San Francisco then won a battle of bullpens.

Ryan Theriot led off the 10th with a single against Phil Coke, moved up on Brandon Crawford's sacrifice and scored on a shallow single by Scutaro, the MVP of the NL championship series. Center fielder Austin Jackson made a throw home, to no avail.

"We were very adamant that we have to step on their throats," Giants pitcher Barry Zito said. "We saw what they did to New York."

Santiago Casilla got one out in the ninth for the win. Romo struck out the side in the bottom of the 10th for his third save of the Series.

The Giants finished the month with seven straight wins and their seventh Series championship. They handed the Tigers their seventh straight World Series loss dating to 2006.

"Obviously, there was no doubt about it," Tigers manager Jim Leyland said. "It was freaky. I would have never guessed we would have swept the Yankees and I would have never guessed the Giants would have swept us."

The Giants combined for a 1.42 ERA, outscored the Tigers 16-6 and held them to a .159 batting average ? third-lowest in Series history ahead of only the 1966 Baltimore Orioles (.146) and 1966 Dodgers (.142).

"This was the worst day of my career," Tigers catcher Alex Avila said. "They played great, and we didn't. It's that simple."

The NL has won three in a row for the first time in 30 years. San Francisco won six elimination games en route to the title.

Once again, San Francisco took an early lead. Pence hit a one-hop drive over the center-field fence for a double and Brandon Belt tripled off the right-field wall on the next pitch for a 1-0 lead in the second.

The next inning, Cabrera gave the Tigers a reason to think this night might get them back on track to end a title drought dating to 1984.

With two outs and a runner on first, Cabrera lofted an opposite-field fly to right ? off the bat, it looked like a routine out shy of the warning track. But with winds gusting over 25 mph, the ball kept carrying, Pence kept drifting toward the wall and the crowd kept getting louder.

Just like that, it was gone.

Cabrera's homer gave Detroit its first lead of the Series, ended its 20-inning scoreless streak. Trailing for the first time since Game 4 of the NL championship series, Posey and the Giants put a dent in Detroit's optimism. Scutaro led off the sixth with a single and clapped all the way around the bases when Posey sent a shot that sailed just inside the left-field foul pole for a 3-2 lead.

Young, the ALCS MVP against the Yankees, made it 3-all with another opposite-field homer to right, this one a no-doubt drive.

But other Tigers disappointed. Prince Fielder, signed to a $214 million deal last winter, finished 1 for 14 (.071) against the Giants without an RBI. Cabrera, the first Triple Crown winner in 45 years, was 3 for 13 (.231) with three RBIs.

"You just don't get to write your own script," Fielder said.

San Francisco did. The Giants overcame a 2-0 deficit against Cincinnati in the best-of-division series by winning three straight on the road. They overcame a 3-1 hole against defending champion St. Louis in the league championship. And then they became the first champion that hit the fewest home runs in the majors since St. Louis in 1982.

Brian Wilson ? aka The Beard ? missed nearly the entire season. Tim Lincecum ? aka The Freak, was ace of the staff during the 2010 title run. He morphed into a middle reliever who held the Tigers hitless in a pair of outings.

Sandoval said "heart" was the critical ingredient.

"It's amazing what they accomplished," Bochy said. "I think when you look at this club, the terms 'teamwork,' 'team play,' and 'play as a team,' that's used loosely, but these guys truly did. They set aside their own agenda and asked what's best for the club. And we put guys in different roles, nobody ever said a word, complained or anything, and that's the only way it got done."

NOTES: Detroit 2B Omar Infante broke his left hand when he was hit by a pitch from Casilla in the ninth. ... Ann Romney, wife of Republican presidential candidate Mitt Romney, was at the game. ... In addition to the bat Sandoval used for his first two homers in the opener, the Hall of Fame received Ryan Vogelsong's jersey from his Game 3 win, Bochy's warm-up jacket, Gregor Blanco's glove, Pence's bat ? named "Tim" ? Scutaro's spikes, Brandon Crawford's cap and Matt Cain's spikes.

Source: http://news.yahoo.com/sweep-giants-finish-off-tigers-084710916--mlb.html

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Friday, October 26, 2012

Screw the Donald (Unqualified Offerings)

Share With Friends: Share on FacebookTweet ThisPost to Google-BuzzSend on GmailPost to Linked-InSubscribe to This Feed | Rss To Twitter | Politics - Top Stories News, News Feeds and News via Feedzilla.

Source: http://news.feedzilla.com/en_us/stories/politics/top-stories/258594324?client_source=feed&format=rss

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Hurricane Sandy Storm Track for Massachusetts

Hurricane Sandy Storm Track for Massachusetts

Hurricane Sandy presently a Category 2 Hurricane is anticipated to make US landfall at roughly 8AM on Tuesday, October 30th. The Nation?s Oceanic and Atmospheric Administration (NOAA) is presently projecting the the landfall to happen between Virginia and Cape Cod, Massachusetts.

Paul Douglas, the main Meteorologist for Weathernation TV, Star Tribune?s On Weather with Paul Douglas, on October 25th@1PM stated;

?Sandy resembles Hurricane Sophistication, which morphed into ?An Ideal Storm? on Halloween, 1991. The commonalities are striking?.Residents from Miami to Boston need to stay up on the forecast, discuss contingency plans, and be ready to take measures to lower the risk to life and property.?

Call G.F. Sprague now at 781-455-0556 if you want to be placed on our Emergency Storm Response list.

Avoid the risk of storm damage occurring to your property, and not having G.F. Sprague immediately available to fix it.

G.F. Sprague Hurricane and Storm Damage Repair Experts for Massachusetts

Source: http://gfsprague.com/hurricane-sandy/hurricane-sandy-storm-track-for-massachusetts/

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China Reduces Target for Construction Nuclear Power Plants

[unable to retrieve full-text content]A white paper on energy policy said the Chinese government pledged strict safety standards in the wake of last year?s reactor accident in Fukushima, Japan.

Source: http://www.nytimes.com/2012/10/25/business/global/china-reduces-target-for-construction-nuclear-power-plants.html?partner=rss&emc=rss

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Why be a family history society? - British GENES

The Guild of One-Name Studies and the Federation of Family History Societies will be jointly hosting a seminar entitled Why be a Society in the 21st Century? at Heritage Motor Centre, Banbury Road, Gaydon, Warwickshire CV35 0BJ on Saturday 1st December 2012, 10am.

For further details visit?http://one-name.org/Seminar_2012Dec_Gaydon.html?and/or?watch the following YouTube promo:


(With thanks to the FFHS www.ffhs.org.uk)

Chris

Scotland 1750-1850?- 5 weeks online Pharos course, ?45.99, taught by Chris Paton from 2 NOV 2012 - see?www.pharostutors.com
New book: It's Perthshire 1866 - there's been a murder... www.thehistorypress.co.uk/products/The-Mount-Stewart-Murder.aspx?(from June 12th 2012)

Source: http://britishgenes.blogspot.com/2012/10/why-be-family-history-society.html

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Bobbi Kristina's Family -- She Might Drink Herself to Death | TMZ.com

Bobbi Kristina's Family
Fears She Might
Drink Herself To Death

EXCLUSIVE

102512_bobbi_kris_1

Whitney Houston

's daughter Bobbi Kristina has a serious drinking problem ... so say family members and close friends who tell TMZ it's gotten even worse since she finished taping her reality show ... and they fear she could die unless she does something about it.

We broke the story ... many people close to B.K. feel she has allowed some of Whitney's enablers to get heavily involved in her life ... and if Bobbi doesn't cut them out soon, she's doomed to the same fate as her mom.

Those people -- sources say -- include various individuals who knew about Whitney's problems, but didn't take action when the singer's life was spiraling out of control.

Bobbi's problems were highlighted during the premiere episode of her Lifetime series, "The Houstons: On Our Own" ... which featured 19-year-old Bobbi slamming wine and slurring. The episode was taped a few months ago ... and our sources say the boozing has only gotten worse since the show wrapped.

During a tease for an upcoming episode, an emotional Pat Houston suggests taking Bobbi to California ... where Whitney received treatment from a drug counselor before she died.

Sources close to B.K. tell us ... they DON'T WANT Bobbi to see the same counselor, because they feel he did not help Whitney ... and will fail again with Bobbi.

Source: http://www.tmz.com/2012/10/25/bobbi-kristina-spiraling-out-of-control-surrounded-by-whitneys-old-yes-men/

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'Kitchen Company Making Money Online (Case Study)' by John Chow

?Kitchen Company Making Money Online (Case Study)? by John Chow

John Chow?s latest blog post is titled ?Kitchen Company Making Money Online (Case Study)?.

Chow says, ?Over the past couple months I have been working with a?Kitchen Remodeling company,?Snappy Kitchens.? Over the past 6 months we have improved their online results 10x by doing a few simple steps.? These steps can be applied to most niches and most businesses online. I?ve applied this over the past six months to Snappy and it should be easy for most people to apply to their own business in a matter of a couple days?.

Kitchen Company Making Money Online (Case Study)

John Chow?s Blog

Source: http://www.imnewswatch.com/2012/10/25/kitchen-company-making-money-online-case-study-by-john-chow/

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Thursday, October 25, 2012

Justin Bieber, Selena Gomez Break-Up Rumors Swirl Once Again

Justin Bieber and Selena are apparently having trouble in paradise once again.? Could be Bieber, Gomez be headed for break-up headlines? Pop star Justin Bieber and his girlfriend, actress Selena Gomez, are said to be on the brink of an ?imminent break-up?, according to Radar Online.? As dished by the gossip outlet, a source close to the famous young duo have shared that the couple break-up on a regular basis, fighting over minor matters that will most likely escalate into a highly publicized split in the near future. “They both can be very jealous,” the friend informed RadarOnline.com. “Selena can be so dramatic about Justin’s exes, who aren’t even in her league! They both engage in really petty arguments and it’s killing their relationship.” Bieber fans shouldn?t get too excited just yet.? The insider also shared that since Selena Gomez is the star?s first love he isn?t going anywhere for now. “They ‘almost’ break up regularly,” the insider said. “But it’s a case of first love for Justin so he can’t even imagine being without her.” There has also been rumors that Gomez isn’t happy over Bieber’s time spent with singer Carly Rae Jepsen, his ‘Believe’ tour partner.? Being on [...]

Source: http://feedproxy.google.com/~r/RightCelebrity/~3/mZ4Ntkt5t5A/

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Bobcat girls capture region golf tourney

Published: Tuesday, October 23, 2012 at 11:00 p.m.
Last Modified: Wednesday, October 24, 2012 at 12:52 a.m.

Buchholz's Kathryn Gagnon picked a great time to play her best round of the season.

The senior shot a three-over-par 75 to place second overall at Tuesday's Class 2A, Region 1 tournament, as the Bobcats claimed their second straight state tournament berth.

Buchholz ended with a 334 behind regional champion Niceville (322) with both clubs advancing to next week's Class 2A state tournament at Harbor Hills Country Club in Lady Lake.

Gagnon fired a 35 during the first nine holes and followed with a 40 over the back nine at The Golf Club at Summerbrooke in Tallahassee. She chipped in for eagle on No. 5 and also birdied holes 13 and 14 during her standout performance.

?By far, this is the best that she has played all year,? said Buchholz coach Marc Ellard. ?She was real clutch and she played smart golf.?

Gaby Amos shot an 84, Jessica Thomas followed with an 87 and Alyson Hollingsworth rounded out Buchholz's top four with an 88. The Bobcats, who were regional runners-up to Niceville last fall as well, placed third at last year's state tournament.

Columbia's Brooke Russell (90) and Gillian Norris (103) failed to qualify.

?This is outstanding,? Ellard said. ?This was one of our goals we made at the beginning of the year.

?I am really proud of them and I'm looking forward to another week of golf.?

Class 2A, Region 1 boys golf: The Buchholz boys, who last reached the state tournament in 2009, shot their best round of the year (301), but finished third by three strokes and just missed a chance to return to state.

Gainesville High's Pureun Kim, The Sun's 2011 boys golfer of the year, shot a five-over-par 77 and came up short as he attempted to reach state for the second straight season.

Columbia's Dean Soucinek finished with a 74 at The Seminole Golf Course in Tallahassee and also failed to move on.

Through nine holes, Buchholz was tied for the lead with Tallahassee Chiles, which won the tournament with a 297. The Bobcats, who were led by Tyler Allen's 74 and Trace Rucarean's 75, appeared to be in good shape to qualify for state. However, Gulf Breeze's J.R. Schultz caught fire and shot a 30 on the back nine to finish with an individual tournament winning score of five-under-par 67. That proved to be the difference as Schultz led Gulf Breeze (298) to the runner-up spot and the state tournament berth.

?I was very pleased with the way they performed under pressure and the way they competed,? said Buchholz coach Brian Tribby.

?Our best round of the year was a 301 and it was not good enough to get to the state tournament this year.?

Source: http://www.gainesville.com/article/20121023/articles/121029841

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Protective Services Career Expert Amy Skyles Says Military Veterans are Finding Retirement Options in Executive Security

Discusses on New Podcast on Protective Services Leadership Insights How the Protective Services Stereotype Has Rapidly Changed

Upper Marlboro, MD (PRWEB) October 24, 2012

On a new podcast found on the Protective Services Leadership Insights section of the Protective Services Training Academy (PSTA) web site, protective services and executive security career expert Amy Skyles said that the stereotype of the protective services professional- think ?mall cop? ? is no longer valid.

?Not just anybody can come in and be a PSO. Individuals must have a specific background, whether in military, law enforcement, or corrections. Because of all the recent terrorist events, we want individuals that we know without a doubt can protect whichever government agency that they?re working for,? Ms. Skyles said.

On the podcast and complementary blog entry, Ms. Skyles said, ?PSOs that come from law enforcement or the military usually have the demeanor that is needed to be successful. And while the requirements may be demanding, having those types of background usually fits in perfectly with the skills needed to be a successful PSO in today?s environment.?

Ms. Skyles regularly posts her insights on career topics that affect military, law enforcement, and protective services officers and those considering a career switch. Her blog posts can be found here. Click here to listen to this podcast.

Amy Skyles is an industry expert on protective services careers. As the Director of Admissions at the Protective Services Training Academy just outside of Washington DC, she has worked with thousands of military veterans, law enforcement officers, and PSOs to help them learn about and understand career opportunities in protective services. She has counseled many military professionals looking for second careers once their military service has completed, including many veterans who have returned from service in Iraq and Afghanistan.

Fred Diamond
DIAMOND Strategic Marketing
703.628.6910
Email Information

Source: http://news.yahoo.com/protective-services-career-expert-amy-skyles-says-military-184619133.html

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Mountain Bike Use on the Canyon Trail - SCV News

The following interview was conducted Oct. 16, 2012, at the Placerita Canyon Nature Center. On Oct. 3, 2012, the Los Angeles County Department of Parks and Recreation decided to open the Canyon Trail to mountain bikes effective March 2013. The county?s final trail assessment can be read here.

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PARTICIPANTS:

Hayden Sohm, Deputy Director, Los Angeles County Department of Parks and Recreation

Hayden Sohm is in charge of all of Los Angeles County?s regional parks, which include: Frank G. Bonelli Regional Park, Castaic Lake State Recreation Area, Devil?s Punchbowl, Kenneth Hahn State Recreation Area, William S. Hart Regional Park, Peter F. Schabarum Regional Park, Vasquez Rocks, all Natural Areas and Wildlife Sanctuaries,?the John Anson Ford Amphitheatre, and the Hollywood Bowl.

Steve Messer, Director, Concerned Off-Road Bicyclists Association (CORBA)

Jim Southwell, President, Placerita Canyon Nature Center Associates

Ron Kraus, Vice President, Placerita Canyon Nature Center Associates

(Interviewer) Leon Worden, President, SCVTV

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Sohm: We just finished meeting with the docents and volunteers here.

?

Worden: What?s been the upshot so far?

?

Sohm: I think it?s been positive. ? Probably the biggest concern was on the part of the volunteers, the stakeholders here ? the background; why was this decision made? What was it based on? How did that process, how did we eventually arrive at that final decision? So I kind of explained that to them.

I think there?s a continuing concern about safety on the trail and how that?s going to be handled. I think there?s a concern about if there are conflicts or legitimate incidents on the trail, how are those going to be reported? Things like that. I think from the perspective of the existing trail users, I think there?s a real concern about, in terms of the overall trail experience, how it may be changed and, I think, from their view, a little bit degraded.

But you know, from my perspective, I think one of the things that I?ve shared with the group is: As a recreational manager, I have a responsibility to look at the constituency as a whole and the various aspects in terms of recreational need within an area. And I feel that?this is a public trail, and if there are compelling reasons that would allow another user group to use this trail ? and when I say compelling reasons, that would be that it wouldn?t jeopardize the safety of other trail users; that it wouldn?t impact resources; that it wouldn?t impact the sustainability of the trail ? then I would probably go with the decision to allow multiple use on that trial. That?s what our assessment really ? that?s what we found out when we did the assessment.

?

Worden: I?m assuming there is a definition of ?natural area.? When we look at Castaic -

?

Sohm: Well there isn?t.

?

Worden: ? look at Castaic Lake, it says ?recreation area? ?

?

Sohm: Right.

?

Worden: All the signs in here say, ?Placerita Canyon Natural Area.? What does that mean?

?

Sohm: We talked about that, and in terms of a codified definition of a ?natural area? in the county parks system, there is no document that ? in terms of an ordinance or a code ? that actually defines what a natural area is. We have narratives. We have opinions. But there?s nothing there.

But what does exist, and really what applies in this case, is the classification of ?state park.? Because this is a state park. And that is codified under the Public Resources Code. And a state park, which Placerita Canyon is ? the county actually operates Placerita Canyon for the state; we have an operating agreement with the state to operate this unit, and it is a state park ? and a state park classification, which this is, does allow for this kind of use.

Now, that?s not to say just because it?s a state park it automatically means that mountain bikes can be in a state park. But what it does say is that mountain bikes may not necessarily be excluded.

For example, Malibu Creek State Park allows mountain bikes. Point Mugu State Park allows mountain bikes. Mountain bikes are allowed in many state park units. But what it does require is some sort of assessment. If that trail was closed to mountain bike use, there needs to be some sort of assessment to determine whether it?s feasible to allow that to occur.

?

Worden: Having read the operating agreement, if I could paraphrase ? I suppose it?s safe to say that the county can be more restrictive than the state, but it can?t be less restrictive than the state.

?

Sohm: Well that?s your opinion.

?

Worden: OK -

?

Sohm: I?m not an attorney. I think you know my perspective on that is that we try to ? I think you?re right, in that certainly if we wanted to, we could apply additional constraints or restrictions for various number of reasons if we wanted to. That?s something we could do. But I think what I?m saying here is, as it relates to multi-use on these trails, we try to follow what we felt was a rational, scientific approach that was more than just something by fiat.

I mean, what we had before this time was really just a decree from an administrator that said mountain bikes weren?t allowed on the trail, and that was it. In fact I can show it to you. ? This right here is the document. This was a document that was prepared by Mickey Long, who was the administrator for the natural areas. You may know Mickey. Great person. And this was prepared for staff. This was not a public document. If you go to the second page under general regulations -

?

Worden: Around what year was this?

?

Sohm: [To staff] Help me out here. 2001. You can see right here, Protection Clause for Natural Areas ?do not allow? ? and there is a number of things here, and you can see that at the end, there is a provision dealing with mountain bikes.

That is the only thing that we have that in any way, at least in writing, prevented ? this is the basis for the current policy that was in place.

?

Worden: To your knowledge there hasn?t been any Board [of Supervisors] action defining what a natural area is?

?

Sohm: To my knowledge, no.

?

Worden: In practice ? I mean, we have the words ?natural area? and we have the words ?recreation area.? If? there?s not a policy to define those things other than the administrative action, how are they interpreted in practice? How are they differentiated in practice?

?

Sohm: I think it boils down to resource protection and the nature of the unit.

I think it?s very obvious what we have here ? this is an area that?s relatively undeveloped, that probably 95 percent of the land here would be considered habitat. It?s an area that has been designated administratively as a natural area, and I think from the county perspective, we regard those as special places. And when I say that ? if you were comparing it to, say, one of our neighborhood parks in Santa Clarita where there are playgrounds, sandboxes, baseball fields, things like that, you wouldn?t find those kind of features in a park like this.

It?s a regional park, so it?s not a very locally used park in terms ? when I say that it?s not a neighborhood park, it is a regional park. It?s been designed as destination for a geographic region. Those are the things that are out there.

What you?re talking about is something I think we need. I think we need to really look at our park classifications and maybe codify those and define those a little bit more, because they are kind of nebulous. They are a little general and arbitrary.

?

Worden: Do you think there?s confusion on the part of the public about what a natural area is?

?

Sohm: I don?t think so.

?

Worden: ? or in what uses would be allowed? It almost seems like a common sense issue that you wouldn?t necessarily have OHV use in Placerita because it?s a natural area.

?

Sohm: And you wouldn?t. But you wouldn?t have OHV use here because it?s a state park. Also because within the state system and that classification, they don?t allow mechanized vehicles on a trail.

There is one exception to that: If you have a disability, there?s current law that provides for people with disability that can use an alternative mobility device which can be mechanized. That?s the only situation where we would allow that.

I think what you?re getting at is within the state, there are classifications of ?wilderness? and ?preserve.? For example, Point Lobos is a preserve, and ? there?s a very high level of protection there. No dogs are allowed in that park. No bikes are allowed in that park. They don?t even allow commercial filming in those parks. That?s their highest level, and I think maybe some people feel that quote, a ?natural area? should be compared with maybe that level of resource protection. And like I say, there?s nothing that we have within the county system that ultimately defines what that level of protection could be other than the fact that we typically manage a natural park or natural area to primarily protect the resources, cultural or natural. So we aren?t going to allow ball fields in here, we?re not going to allow kids to play soccer, we?re not going to allow motorcycles on the trails, that sort of thing.

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Worden: It?s fascinating to me that those aren?t defined. I think of Castaic ? obviously you can fish on Castaic Lake.

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Sohm: Right.

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Worden: Mountain biking is a sport. Are we in agreement there? Mountain biking is a sport, right?

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Messer: [Indicates that in certain circumstances it can be considered a sport.]

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Worden: It can be considered a sport. I like sportfishing. Am I going to be able to fish in Placerita Creek, if there were anything other than stickleback in there? I can fish in Castaic, so why wouldn?t I have an expectation that I can take a rod and reel, and even if I don?t catch anything, go fish [here]?

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Sohm: I don?t know if this creek is closed. It would be [the California Department of] Fish & Game?s call. See, in that case it wouldn?t be Fish & Game?s call, it would be the state to determine whether it was closed or open to fishing. Many of the coastal streams and creeks -

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Worden: County could [close it to fishing], though.

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Sohm: No, they can?t. That?s typically ? when it comes to management of species, animals, typically the state trumps county on that. They have the responsibility for managing those resources, and we typically fall in line with Fish & Game in terms of that. We adhere to the Fish & Game code here, and regulations.

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Worden: I understand there was a process by which you determined that mountain bikes should be allowed on the Canyon Trail.

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Sohm: Right.

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Worden: We?ve all been at this long enough to know that you ? I?m not saying predetermined ? that you design a study or survey to reach an outcome after a question is posed.

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Sohm: Backing into it? A self-fulfilling prophecy?

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Worden: No. That?s not what I?m saying. [I?m asking] about the question. You could do a study to determine whether Placerita should remain a park or be sold to developers.

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Sohm: OK-

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Worden: But that would presuppose that somebody, somewhere is open to the question. The decision would have been made that maybe it should be a park, maybe it shouldn?t. So at some point, in asking whether mountain bikes should be allowed on the Canyon Trail, somebody made the decision that maybe they should, maybe they shouldn?t. What went into that decision?

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Sohm: Oh, I can tell you absolutely. It was a call that I made.

Obviously the director supported it, but I think the real issue here was that other than this, we had nothing to justify that decision [to close the trail to mountain bikes], and we knew we would get challenged.

And I can just imagine myself in court responding to an attorney, and him asking me, ?Well, Mr. Sohm, what was the basis of this policy?? And if I pointed to this [administrative action], I think it would be hard to prove our case. We needed more, and that?s exactly why we did what we did.

Other than an opinion from one person that mountain bikes weren?t appropriate to be used in this park, that?s all we had. Simple as that. And we needed more.

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Worden: How is it that the fear of a lawsuit entered into the equation?

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Sohm: As a manager, I feel that I?m responsible to come up with a reasonable, even to constituency ? it?s not so much a fear of a lawsuit, it?s the idea that I?ve got a constituency that?s asking me, well what?s the basis for this decision? Why would we do this? And for me to say, well, the last manager thought it was best for the park, so that?s what we?re doing ? that?s unacceptable to me.

I felt that we needed to do something to go beyond that, and that?s why we did what we did. As a manager, I think that?s the appropriate thing to do. You need to base your decisions and your policy on some solid data, some information that you could point to and say that?s why we did it. That?s all we did. That?s why we did what we did.

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Worden: To your knowledge, except for this one small window [in time] where apparently an error was made in the signage [allowing mountain bike use] ? I was at the dedication in 1971 of this park, and I don?t recall it being anything other than a hiking trail in the last 40 years. To your knowledge, over the last 40 years, except for that one small window of time, has it ever been anything other than a hiking trail?

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Sohm: I think there?s been sporadic bike use on that.

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Worden: [To Jim Southwell] Do you know, Jim?

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Southwell: It?s been illegally used by bikers sporadically, on and off. There used to be a very, very large sign at the top of the Los Pinetos trail, right where it changes from being the county park border to the forestry area up there. There?s a big sign and it said, no motorized vehicles, no bicycles, hiking only. And then they have a couple of steel poles which were wrapped in tape, and they again said no motorcycles, no bicycles. That sign eventually was knocked down, and every time we go up there, we would try to prop it back up again, and eventually [one] day it just disappeared. I don?t know whether it got pulled over the side or anything, but whenever we stopped mountain bikers coming down that trail saying, ?Hey, you?re not allowed down there,? they said, ?I didn?t see any sign.?

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Worden: What piqued my interest in this issue ? the reason we?re here today ? is that I had some questions I was trying to pose to the supervisor?s office. For the last 40 years, county policy has been that this has been a hiking trail, [and thus], the preservation of all the plants and animals and everything along the trail has been a very important thing.

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Sohm: And it still is.

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Worden: The county has fostered this docent group whose members obviously care very deeply about all those plants and animals and everything on the trail. What got me interested is the degree of angst they felt in reaction to the decision to allow mountain bikes on the trail. I got to thinking: The county has basically spent the last 40 years encouraging these people to care very deeply about all the plants and animals on the trail, and now a lot of them ? who know a lot more about the plants and animals than I ever will ? feel that by allowing this recreational/sporting use, the mountain bikes, on the trail, that those plants and animals may be threatened. So my question is: What do you say to these people? Should they not care so much? If we?re now going to allow a use that they perceive [to be damaging], are we saying OK, thanks for the last 40 years, but maybe you should take a step back and we?re going to do something different now?

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Sohm: I guess I don?t know how to answer that because I think you?re kind of front-loading that question with a lot of bias.? I mean, you?re drawing a conclusion that mountain biking is automatically going to jeopardize resources on that trail. I don?t buy in to that.

We?ve met with the docents, we?ve met with the key leadership within the group, and they are becoming a part of this process. I mean, I?ve got Ron [Kraus], I?ve got Ray, I?ve got people that are leadership members of this group that are working with the mountain bike community to identify resources, to survey the trail to make sure that we have some baseline information that we can go with.

You know, the other thing is, you?re kind of talking like were jumbling into a brave new world. This is something that?s been going on all over the country, and I don?t necessarily ? I certainly haven?t heard about any significant resource degradation directly related to mountain biking. I?m sure there are probably cases where it may occur, but in most cases it?s probably due to lack of maintenance? more than anything.

Our role is to manage this trail and prevent resource degradation from occurring, and that?s the message that I?ve had for the docents. I?m a very big advocate of resource protection, be it cultural or natural. And we certainly recognize that that trail has some significant resources that need to be protected. That will be one of our guiding principles.

The other thing that I will tell you ? and this goes for a lot of the criteria that we?ll be looking at, be it public safety, be it resource impact ? we?re going to continue to monitor this. And you know, if it turns out that it?s not working out, we?ll revisit this.

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Worden: Let me explain why I?m asking it this way. I thought the question was put in an interesting way by a member of the docent group who said, you know, look. We?ve contributed thousands of hours and thousands of dollars to this park over the last many years. And clearly the docents have a deep, vested interest?in this specific park ? not just any park, but this specific park. Their question was: Why does that not carry more weight, over a group that is interested in being able to bike in parks in general but doesn?t necessarily have that same vested interest in this one specific park? Having given so much to this specific park, why doesn?t that carry more weight in the decision? That?s the question. How do you answer that?? That?s why I ask.

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Sohm: OK, and we have certainly visited that question with the group. I want to make it clear that we certainly acknowledge the contributions and the work that the docents and the NCA, the Nature Center Associates, have done for Placerita and all our natural areas. I certainly feel like we have ratcheted up our response to that group and how we?re dealing with this thing as it relates to them. I guess I look at that and in terms of volunteer service and contributions [it] is certainly something that we acknowledge.

But again, in terms of where I?m coming from as an employee that is responsible for managing public land, you know, we also need to look at the stake that other taxpayers and other recreational users have in terms of a right to use these public lands.?I think there?s ? I don?t see how you can ? there?s no hierarchy there. It?s just that I think we certainly recognize the contributions that this group has had, and we?ve tried to listen to their concerns, and were trying to mitigate their concerns here.

But I think in terms of the decision-making process and the management of the trail, we?re obligated to all the public. I don?t think it would be appropriate to discriminate over one group, absolutely not. And I think that?there?s no way to really establish a hierarchy in terms of who?s more important.

When you?re managing public lands, you need to look at all the groups, and you need to make decisions based on what you think [is] sound information.

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Worden: You said you hadn?t seen demonstrative evidence that mountain bikes damage resources. If [docents] came forward with such evidence, how would that be treated?

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Sohm: We talked about that, and like I mentioned before ? this is a process. We?re committed to looking at this process and monitoring how it works [and] what the outcomes are in Placerita.

Like I said, we?re going to be looking at public safety information, and if we?re getting an inordinate amount of complaints or conflicts or actual injury on the trail [that] could be attributed to conflicts between bikers and hikers or whatever, we?re going to deal with that. If we?re getting and inordinate amount of resource damage reports, we?ll come back and we?ll look at what?s going on here. I?m confident that we?re going to be able to work this thing and manage it so we won?t have those kinds of conflicts.

But I?ve told these people in our public meetings that we?ve actually implemented a specific process?to monitor conflicts on the trail. Staff is going to be developing ? a report that the docents will have. We?ll also have an online process where somebody wants to ? say you?re out on the trail and you run into a problem. You can go online. We?ve got ? it?s called ?Grade Your Park.? There?s an online report card. There?s actually a category for safety. ? You can log in and grade the park. You can give it a D or an F; if one of those happens, it goes automatically to my iPhone and my directors will get it, and we?re required to deal with those.

In fact, on a monthly basis I have to do a report for all these D?s and F?s that I get.

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Worden: What are the specific rules for mountain bikes going to be? Is there a speed limit or something? And how will it be policed?

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Sohm: There are specific rules. If you?ll bear with me for a second ? I?ve got the luxury of having a sign shop, so we?re going to be able to develop some good, specific signage, and we would probably be incorporating some of this information. You know, there?s the universal trail triangle; I think you?ve probably seen it?

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Worden: Bikes give way to everybody, right?

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Sohm: Right. And ? I know that that is an issue ? that one of the things that the docents were telling me is that they have yet to experience a bike really yielding right of way . I think Steve was mentioning that one of the issues was coming up from behind, and coming up with a way to deal with that.

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Worden: I?d imagine it would spook the horses, too.

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Sohm: Yeah. But we?re working with CORBA [Concerned Off-Road Bicyclists Association]; we?re working with the local bike group here in Santa Clarita. We?re going to really emphasize education.? I mean, for us ? I?m not a peace officer. I don?t have enforcement ability. So in terms of what we?re going to do as an organization, we?re going to focus on peer pressure. We?re going to focus on education. We?re going to try to get the word out. We?re going to make it clear that if incidents occur, we?re jeopardizing the privilege of using the trail. We?re bound to be talking about that.

Now on the enforcement end, as far as actual enforcement, the Parks Department has what is called a Parks Bureau that is a part of the Los Angeles County Sheriff?s Department. They are in the loop, and we?ve served notice to them that we?re going to want some focused enforcement down here.

The trail isn?t opened [to mountain bikes] yet, and we?re already getting bikes on the trail. I?ve let them know that they need to be active. They need to be out here showing a presence, [actively] informing bikers that this is not appropriate. They?re not even supposed to be on the trail.

Those are the things that we?re going to try to do in terms of dealing with this. Like I say ? interpretive signage, I think peer pressure, education. We?re going to have the docents out on the trails; hopefully they?ll be able to convey concerns if things are coming up. That?s going to be our approach. You know, Steve, I don?t know if you want to weigh in on that?

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Messer: From COLBY?s point of view, we have monthly classes where we teach new riders how to behave on the trails. That?s an ongoing effort that we?ve been doing for 20-plus years. Obviously we can?t reach everybody, so it?s a matter of getting responsible users out on the trail, because responsible users will help solve ? police their own user group.

So if we have a trail closed to bikes, we wind up with road people coming by who aren?t going to obey any of the rules. But if you get the responsible riders out there, they?ll be able to help educate everyone else that?s coming through as the same user group.

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Worden: What?s the first line of defense for docents ? or neighborhood folks, or whoever?s hiking on the trail ? if they have a problem, if they have an altercation, if somebody tells them off? Do they call the sheriff? Do they call the Nature Center?

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Sohm: It depends on the nature of the incident or the conflict. Obviously, if a bike plows into a hiker, I think 9-1-1 is an order. They need to immediately notify emergency response so they can deal with that.

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Messer: One thing I want to speak to is that there?s a difference between an accident and perceived conflict and actual conflict, and that?s a very subjective thing for a lot of people. What someone might consider a conflict might just be someone not being courteous. If it didn?t actually put anyone in danger, it didn?t really affect anyone other than someone who didn?t like this other group being there and didn?t feel like they were given the respect that they should be given as fellow trail users. So the difference between an accident, perceived conflict and actual conflict is, as I said, a gray area, and it?s different for everyone.

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Sohm: We?ve talked with staff in terms of where they should come, they should come here, where staff is prepared to respond to those kinds of issues ? they can mobilize a sheriff if we need to get out there and deal with something ? but those are the avenues that are available to them. Staff here is going to be sensitive, obviously, to this issue.

I think it?s pretty fair to say that staff understands what?s at stake here, and they obviously want to make this thing work. But they are going to be concerned, and they?re going to be representing the interests of all trail users here. So they will be the first line of communication, or defense, as you mentioned. But the sheriffs would also be there as a fallback, because those are what we have.

We don?t have rangers or peace officers or powers of arrest or anything like that; we?ve got to use verbal judo and deal with people in terms of education and-

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Worden: Not like the [Santa Monica Mountains] Conservancy does [have rangers with powers of arrest].

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Sohm: Exactly. We?re not at that level of enforcement yet.

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Worden: Is there a scheduled reassessment, or are you planning to go forward with this and see what happens?

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Sohm: Well, right now, the plan is to open the trail in March, and we?re going to assess it for the upcoming year, and we?re going to be looking at it. Everybody?s aware of what?s going on, and they?re certainly alert about it. So I?m sure we?re going to be getting plenty of information ? I anticipate coming from both sides, pro and con, and we?re going to be looking at that.

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Worden: If I could go back one thing ? was there a lawsuit, or the threat of a lawsuit?

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Sohm: Not that I?m aware of. Nobody said, ?We?re going to sue you.? Like I said, my position on this thing was that other than that statement that I showed you, we really had nothing to base a decision on, and [it was] hard for me to articulate, for someone who was advocating for this change, exactly what the basis was for making that judgment or that policy, because we didn?t really have much to go on.

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Worden: Was there ever a thought of taking this to the supervisors for direction?

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Sohm: We did. Absolutely.

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Worden: What was that direction?

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Sohm: Well, technically I work through the [supervisor?s] park deputy. I don?t deal directly with a supervisor. We briefed her on exactly what we we?re doing ? as soon as we had the initial consultation with the local bike group, to let her know what was going on with that, and then when we devised our approach to this problem, we fully briefed her on that, and they bought off on [it]. I have to do that, because we need to keep them informed. And I work with Rosalind Wayman, Dave Perry, Sussy Nemer; those were the people whom we kept in the loop.

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Worden: You?ve certainly answered my questions [and enlightened me about] number of things, especially about the definition ? or lack thereof ? of a natural area. That?s surprising to me.

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Sohm: That?s something we need to do. Like I said, I think that if you look in the state ? there?s actual different definitions of the different parks: state park, wilderness preserve, there?s a state recreation area like Castaic; those are all clearly defined in the Public Resources Code.

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Messer: I could speak to that a little bit, too. I mean, one of the things with trails in state parks is that they?re there not as attractions in themselves. The trails are there in order to access and enjoy the resource by anyone who has the right to be there. So if the state decides that a trail is safe enough and suitable enough for bikes through an objective process ? and that?s the same process that the county has used for this place as a state park ? then there?s no reason why people can?t enjoy the resource and use the trail on a bicycle.

That?s a big distinction. We hear a lot of people thinking that the people in big helmets and on big bikes that look like motorcycles are going to come screaming down the trail at high speeds. That?s not the mission of a state park, but it is the mission of a recreation area.

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Worden: Does anyone else have anything to add to that?

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Kraus: One of the arguments we had against having mountain bikes on the trail was that the trail is not just a link from A to B. It?s an interpretive trail and it?s used by our docents. We [educate] 10,000 kids a year through our docent programs. It?s an interpretive trail, and interpretation is done on the trail.

For example, if we stop on the trail and we see coyote scat, we stop on the trail and we talk about it. So it?s not just a link between the Los Pinetos trail and points this way. That?s one of the arguments we made, and we?ve discussed it, and I think we?re satisfied with the explanation that the county came up with. But that was one of our big arguments. This is an interpretive trail, and it?s not just a link.

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Worden: What kind of confidence do you have that this will all work out?

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Kraus: Well, you know, hope. We?re having some meetings with the local groups, and we hope to work with CORBA to make them understand what interpretive work is like, what we do on the trail, and we want you [Steve] to come out with us to learn how we do interpretive work ? I?m sure a lot of the mountain bikers have kids and families who use our trails and our programs ? to show how our programs work, and just sensitivity to what we do.

If we have a group that?s stopped in the middle of the trail, we would hope a mountain bike would stop and let us do our program, or walk around us, and not just say please move off to the side. I think that?s something we can work out.

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Worden: Does each of you have plans to work together and [come to an understanding]?

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Messer: Yes, absolutely. CORBA has a program called Youth Adventures, where we take inner-city kids out and we put them in nature and we do an interpretive bike ride with them. We do those out in Paramount Ranch in the Santa Monica Mountains, for more than 20 years. So we do have some experience with that, and we definitely appreciate where the docents are coming from.

That?s why one of the programs that?s going to be implemented is a walk zone, where bikes will be required to dismount ? and horses, too, I understand ? where a lot of the interpretive material is given out to the kids.

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Worden: Are you happy with the trail improvements that are going to be made ? the pinch points, etc.?

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Messer: Yes. The pinch points have been something that the International Association of Mountain Bikes ? of which we?re the local chapter ? came up with many years ago as a way to control speed. And safety is usually as much an issue as trail design. You can design safety into a trail, and pinch points are one tool that we have to slow bicycles down before a blind turn so they?re going slower as they come around the corner. That way there?s less of a surprise to people coming [from] the other direction. So safety can be designed into a trail, and that?s something state parks are doing across the board. It?s part of their trails manual now.

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Worden: Do you have any remaining concerns, Ron, about the improvements to the trail?

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Kraus: Yes, we do. In fact, we?re going to walk the trail on Monday with Dwight, the county construction supervisor. We?ve had a chance to look at the plans, and we?ve got some concerns. Nothing serious, just some questions.

One part I wanted to get to were the plants and the animals here. One of the points that we brought up at our meeting this afternoon is that there really hasn?t been a sufficient natural resource assessment done of Placerita, or any of the county nature centers. So we?re going to try to look at avenues to accomplish that. At Placerita, they?ve applied for a grant for some bridges up the canyon here. Part of that process, a full CEQA environmental assessment will be required.

I guess my problem with the whole thing is that we don?t know what we don?t know. We know that there are some species of special concern here at Placerita Canyon. Our former supervisor has pointed some out; I?ve seen, documented, and GPS?d the locations of some of them. We have the spotted owl, the coast patch-nosed snake, we have the legless lizard.

This is all geeky, nature, tree-hugger stuff, but I mean, it?s a concern. A lot of these species have been what they call ?extirpated,? in other words, because of use, [they?ve] been eliminated from the other county nature centers. One of the former people we had, Mickey Long, former superintendent of the natural areas, he had mentioned some of these species that had been extirpated from Eaton Canyon, and we certainly don?t want that to happen here as the city of Santa Clarita develops.

You look at Google Earth and you look at Placerita, and it?s surrounded by civilization: Sand Canyon, Santa Clarita, the Golden Valley Ranch that will be developed soon on the other side of the hill here, and the San Fernando Valley. We?re getting pinched in here, and we really need to know what we have here. I think the county has made a commitment with us to work with us on that.

Source: http://scvnews.com/2012/10/24/qa-mountain-bike-use-on-the-canyon-trail-at-placerita-canyon-natural-area-transcript/

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Facebook stock soars on positive numbers and aggressive spin from execs

Facebook's stock is over 11 percent up two hours after the release of an overall positive quarterly report followed by an aggressive pitch by its top three executives. On a call with investors, CEO Mark Zuckerberg made a noticeable effort to pander to the Wall Street crowd with a gusto that has been missing in the past.

Zuckerberg opened by declaring that the fundamentals of Facebook's economy are strong, its vision is clear, and monetization on mobile was slow because "we hadn't started trying yet." While the CEO has snubbed Wall Street in the past by skipping meetings or showing up in a hoodie, today he seemed eager to please. The CEO preempted investor skepticism by immediately addressing Wall Street's pet gripes, namely Facebook's mobile strategy and its close link with its floundering partner Zynga.

"Our opportunity on mobile is the most misunderstood aspect of Facebook today," Zuckerberg said. "I wanted to dispel this myth that Facebook can't make money on mobile." Investors had speculated that fast-growing mobile usage, which generates lower revenues, could spell trouble for the social network.

"The business question becomes, how much money we can make from that time?"

On the contrary, Zuckerberg said, countering that increasing mobile usage will allow Facebook to reach more users, more frequently. Mobile users log in more often, and provide the opportunity for more clever mobile-native revenue strategies. "The business question becomes, how much money we can make from that time?" the young CEO said, sounding very far away from the detached undergrad who was "content to make something cool."

He bragged that Facebook had restructured so that each product group was responsible for creating their own monetization strategy, which has resulted in innovative, "higher quality monetization" in which the money-making aspect is "deeply integrated into the experience, rather than off to the side." As evidence, he pointed to Facebook's third quarter mobile revenues, which accounted for 14 percent of advertising revenue, and its successful acquisition of Instagram. He also noted that new Mobile App Install Ads will bring in money from mobile developers seeking distribution.

Zuckerberg followed this defense up with another debunking. "I want to talk specifically about games for a bit, because I think the story here is a little misunderstood as well," he said.

"Overall, gaming on Facebook isn't doing as well as I'd like," he admitted, noting that revenue from Zynga was down 20 percent. He then proceeded to distance Facebook from the gaming company, claiming that "the reality is that there are actually two different stories playing out here... the rest of the games ecosystem has actually been growing." Monthly revenue from games payments outside Zynga increased 40 percent, he noted. "This evolution is pretty encouraging."

Investors seem to be responding warmly to the new Facebook narrative

During the rest of the call, Zuckerberg and COO Sheryl Sandberg and CFO David Ebersman talked up the company's success with mobile efforts, new products, and advertising metrics, leaning in particular on one study of offline purchases that showed that Facebook ads "drive sales and ring cash registers."

Investors seem to be responding warmly to the new Facebook narrative, even though its actual earnings came in only slightly better than analyst expectations. Less than two hours after the call, the stock was at $21.87 and rising in after-hours trading, way up from the day's high of $19.80.

Source: http://www.theverge.com/2012/10/23/3545104/facebook-stock-soars-earnings-call-q3-2012

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The Connection Between Colorectal Cancer and Asbestos ? hot ...

Cancers that affect the digestive system can be especially difficult to manage because they can interfere with your ability to process your food and absorb the nutrients that you would need to help fight the disorder. One such gastrointestinal cancer is colorectal, which can actually be divided into colon and rectal cancers. Currently, doctors and researchers are trying to comprehend the link between colorectal cancer and asbestos exposure.The colon is the longest part of the large intestine, whose purpose is to absorb any nutrients that were not taken in by the small intestine. Additionally, the colon absorbs water from your food to help you stay hydrated. Colon cancer often begins in the cells lining the colon which make mucus and other fluids to help lubricate the passage of your food. Thus, when these cells become cancerous, they can form blocks in your intestinal system.The rectum is the last several inches of the large intestine, right before the anus. This is where your body stores fecal matter before you release it. Additionally, the rectum packs the waste into a more solid form so that you can release your stool.Although you may think of asbestos exposure as primarily causing lung cancer and mesothelioma, it can also affect these lower parts of your digestive system. The problem with asbestos is that once it is inhaled or ingested via air or water, it can permanently remain in your body. This is because your body is not able to process the carcinogenic fibers. As they pass through your system, they can become lodged in the tissue of the colon and rectum, causing the growth of cancer.Doctors are now discovering that colorectal cancer is more prevalent in men who were exposed to asbestos, especially through the work place. Additionally, a person who develops the lung disorder called asbestosis has a higher risk of discovering colorectal cancer as well.The other main problem with asbestos is that it was so widespread before the asbestos ban, which did not begin until the late 1980s. Even now, asbestos may still be present in many older buildings that were built before the phase-out. The reason for this is because asbestos is extremely insulating. As a member of the silicate family of minerals, asbestos is able to resist heat, electricity, flame, chemicals, and biodegradation. Additionally, asbestos itself is flexible and has high tensile strength. This makes it easy to add asbestos to other materials. Thus, it should come as no surprise that asbestos was once present in things like insulation, vinyl flooring, roofing tar and tiles, brake shoes, clutch pads, gaskets, and even fire doors.People who were exposed to asbestos are at risk for many other cancers as well, not just colorectal cancer. Primary asbestos-related cancers include lung cancer and mesothelioma. If you or someone you know has contracted mesothelioma as a result of asbestos exposure, talk to an asbestos attorney from Williams Kherkher today to learn more about your rights.

Source: http://hotnews.blogspages.com/2012/10/23/the-connection-between-colorectal-cancer-and-asbestos/

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Pre-caffeine tech: Cassette tape hard drives, historical monsters!

3 hrs.

Our?pre-caffeine roundup is a collection of the hottest, strangest, and most amusing stories of the morning.

So?Apple unveiled the iPad Mini, new iPad, new iMac, 13-inch MacBook Pro and a bunch of other stuff yesterday.?

And now for some?iPad-onomics: Why Apple priced the iPad Mini at $329.

Oh, and here's?iBooks updated with new reading and authoring features

In other news, here's?our review the Surface RT:?Microsoft's new tablet is a mixed blessing.

Mark?Zuckerberg says people spend more time on Instagram than Twitter.

Meanwhile,?tomorrow's hard drives, descended from?... cassette tapes?

Hey, political junkies! Grab your iPad for even more coverage.

In related news, here's why e-voting is on the decline in the United States.

Here's the best Halloween ads ever! (You know that creepy Snickers commercial is up there!)

In closing:?15 Obscure Historical Monsters Who Would Improve Halloween Immensely!

Compiled?by?Helen A.S. Popkin,?who invites you to?join her on?Twitter?and/or?Facebook. Also,?Google+.

Source: http://www.nbcnews.com/technology/technolog/pre-caffeine-tech-cassette-tape-hardrives-historical-monsters-1C6642436

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Wednesday, October 24, 2012

Capital Lease vs Operating Lease - Difference and Comparison ...

There are two kinds of accounting methods for leases: operating and capital lease. A vast majority are operating leases. An operating lease is treated like renting -- payments are considered operational expenses and the asset being leased stays off the balance sheet. In contrast, a capital lease is more like a loan; the asset is treated as being owned by the lessee so it stays on the balance sheet. The accounting treatment for capital and operating leases is different, and can have a significant impact on taxes owed by the business. A capital lease is called a "finance lease" by the IFAC.

Finance vs Operating Lease redirects here.

Comparison chart

Improve this chart Capital Lease Operating Lease
Lease criteria - Ownership: Ownership of the asset is transferred to the lessee at the end of the lease term. Ownership is retained by the lessor during and after the lease term.
Lease criteria - Bargain Purchase Option: The lease contains a bargain purchase option to buy the equipment at less than fair market value. The lease cannot contain a bargain purchase option.
Lease criteria - Term: The lease term equals or exceeds 75% of the asset's estimated useful life The lease term is less than 75 percent of the estimated economic life of the equipment
Lease criteria - Present Value: The present value of the lease payments equals or exceeds 90% of the total original cost of the equipment. The present value of lease payments is less than 90 percent of the equipment's fair market value
Risks and Benefits: Transferred to lessee. Lessee pays maintenance, insurance and taxes Right to use only. Risk and benefits remain with lessor. Lessee pays maintenance costs
Accounting: Lease is considered as asset (leased asset) and liability (lease payments). Payments are shown in Balance sheet No risk of ownership. Payments are considered as operating expenses and shown in Profit and Loss statement

edit What is a Lease?

A lease is an agreement conveying the right to use property, plant, and equipment (PP&E) usually for a stated period of time. The party that gets the right to use the asset is called a lessee and the party that owns the asset but leases it to others is called the lessor.

edit Types of Leases

Various accounting standards recognize different kinds of leases. Standards govern the classification not just the lessee but also for the lessor.

In general, a capital lease (or finance lease) is one in which all the benefits and risks of ownership are transferred substantially to the lessee. The legal owner (the holder of the title) may still be the lessor. This is analogous to financing a car via an auto loan -- the car buyer is the owner of the car for all practical purposes but legally the financing company retains title until the loan is repaid.

edit Capital Lease Test

How does one choose between capital and operating leases for accounting? In general, companies prefer operating leases. So the Financial Accounting Standards Board (FASB) has imposed some restrictions on which leases can be treated as operating leases. A lease must be treated as a capital lease if it meets any single one of the following 4 conditions:

  • Ownership: The lease transfers ownership of the property to the lessee by the end of the lease term.
  • Bargain Price Option: The lease contains an option to purchase the leased property at a bargain price.
  • Estimated Economic Life: The lease term is equal to or greater than 75 percent of the estimated economic life of the leased property.
  • Fair Value: The present value of rental and other minimum lease payments, excluding that portion of the payments representing executory costs, equals or exceeds 90% of the fair market value of the leased property.

The last two criteria do not apply when the beginning of the lease term falls within the last 25 percent of the total estimated economic life of the leased property.

If none of these criteria are met and the lease agreement is only for a limited-time use of the asset, then it is an operating lease.

edit Accounting for leases: Operating and Capital Lease

Capital and operating leases receive different accounting treatment both for the lessor and the lessee. We will focus on the lessee in this analysis. Under operating lease accounting, the lessee does not own the asset, which has the following implications:

  • Lease payments are considered operational expenses for the business.
  • The asset/lease is not reported on the balance sheet.
  • The firm cannot claim depreciation on the asset.

In contrast, accounting for a capital lease (or finance lease in IFAC terminology) treats the lessee as the owner of the asset, which means:

  • The lease is considered a loan. Interest payments are considered operational expenses.
  • The asset is included in the balance sheet: the outstanding loan amount (net present value of all future lease payments) is included as a liability, and the present market value of the asset is included as an asset.
  • The lessee can claim depreciation on the asset every year.

The FASB and the IASB have proposed some changes to lease accounting rules that would virtually eliminate operating lease accounting treatment for all companies that lease real estate. The changes, proposed in 2012, are expected to take effect in 2015.[1]

edit Pros and Cons

edit Advantages of an operating lease

  • Operating leases provide much-needed flexibility to companies that frequently update or replace their equipment.
  • The lessee is protected from the risk of obsolescence.
  • Accounting is simpler: the asset does not have to be included in the balance sheet. The corresponding debt liability does not have to be calculated or included either.
  • Lease payments are operational expenses, so they are fully tax deductible.
  • It provides improved Return On Asset (ROA) without capital budgeting restraints.

edit Advantages of a capital lease

  • Capital leases recognize expenses sooner than equivalent operating leases. The lessee is allowed to claim depreciation each year on the asset.
  • In addition to depreciation, the interest expense component of the lease payment can also be deducted as an operational expense.

edit See Also

edit References

Source: http://www.diffen.com/difference/Capital_Lease_vs_Operating_Lease

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Corning may make job cuts as part of cost cuts

(AP) ? Corning said Wednesday that it will likely cut costs, which may include "modest" job cuts, to support profit in a weakening economy.

It's the latest manufacturer to warn that the slowing global growth is hurting its business. Weaker global growth hurt Corning's telecommunications and environmental technologies divisions, but the company said sales of its super-strong Gorilla glass, used in tablets, TVs and other devices, were much better than expected.

The glass and ceramics maker's stock slid 8.4 percent, or $1.13, to $12.28 in midday trading Wednesday.

The Corning, N.Y., company's third-quarter net income dropped 36 percent to $521 million, or 35 cents per share, from $811 million, or 51 cents per share, a year ago. Adjusted profit was 34 cents per share.

Revenue fell 2 percent to $2.04 billion in the July-September quarter.

Despite declines, profit and revenue still topped Wall Street expectations.

""The weakening economy is affecting sales in many of our businesses, with several not achieving the growth expectations we set for the year," said Corning Inc. CFO James Flaws. Higher expenses also hurt profit.

The company expects economic woes will continue next year, and that it will probably have to cut costs to grow profits. Savings will probably come from scaling back project spending, capital expenditures and from job cuts.

No decisions have been made on where the job cuts would be, said Corning spokesman Dan Collins. The company has operations in the U.S., China and other Asian countries, Europe, Latin America and the Middle East.

The company expects to take a charge of up to $50 million in the current quarter to cover the cuts.

In the July-September quarter, price declines for LCD glass weighed on Corning's display technologies division, the company's largest by revenue, where sales dropped 6 percent. The company expects glass volumes may drop further in the current quarter.

Lower North American sales, due to the end of the U.S. government's stimulus spending and project delays, and faltering demand in Europe dragged revenue for the telecom division down 7 percent.

Sales in the division that includes Gorilla glass shot up 21 percent.

Declining demand for trucks hurt the company's environment technologies unit, whose products include diesel filters and emissions products for autos. Sales dropped 6 percent.

Associated Press

Source: http://hosted2.ap.org/APDEFAULT/495d344a0d10421e9baa8ee77029cfbd/Article_2012-10-24-Earns-Corning/id-69c2e8d937c0445a858f81a0769e3df1

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