Scotts Valley Police DepartmentJuly 214:44 p.m.: Three women reported a naked man for indecent exposure after he pulled up next to them in a car near Victor Square in Scotts Valley. July 2210:54 a.m.: $450 in merchandise was stolen from Scarborough Lumber on El Pueblo Road in Scotts Valley.3:24 p.m.: A man was arrested for being under the influence of controlled substances near the 7-11 on Mount Hermon Road in Scotts Valley. July 257:08 p.m.: A purse was stolen from an unlocked vehicle along Mount Hermon Road in Scotts Valley between 10:00 a.m. and 10:30 a.m.8:06 p.m.: A window was broken and a large screen TV was stolen from a residence on Disc Drive in Scotts Valley. July 267:58 p.m.: Juveniles were detained in a store on Mount Hermon Road in Scotts Valley after being caught trying to steal laxatives to poison their drug counselors. Santa Cruz County Sherriff’s OfficeJuly 175:33 a.m.: A fire led deputies to discover a BHO lab on Visitar Street in Felton and to the arrest of a suspect.4:05 p.m.: Two suspects for arrested for public intoxication on the 13000 block of Central Avenue in Boulder Creek. July 208:46 a.m.: A purse was stolen from an unlocked vehicle on the 9400 block of Central Avenue in Ben Lomond. July 218:30 a.m.: A woman was arrested for trespassing and unlawful lodging at the Hanson Quarry in Scotts Valley.12:15 p.m.: A man was arrested for violating a restraining order against him on the 13000 block of Central Avenue in Boulder Creek.12:23 p.m.: A suspect was arrested for public intoxication in Ben Lomond. July 2211:41 a.m.: A suspect was arrested for assault on Hillcrest Drive in Ben Lomond.6:04 p.m.: A Suspect was arrested for public intoxication on the 13200 block of Highway 9 in Boulder Creek. July 236:25 p.m.: A suspect was arrested for public intoxication in Felton.9:12 p.m.: Deputies were called after two unknown suspects shoplifted from the 6200 block of Graham Hill Road in Felton. July 255:03 p.m.: The CHP arrested a man for driving while intoxicated after crossing onto the wrong side of the road while speeding in Ben Lomond. July 268:39 a.m.: Deputies arrested a man for probation violation on the 13000 block of Central Avenue in Boulder Creek. July 274:50 p.m.: A man was arrested for being intoxicated in public on the 6700 block of Highway 9 in Ben Lomond.5:42 p.m.: A suspect was arrested for battery, preventing the victim from calling the police, and resisting arrest on Bean Creek Rd in Scotts Valley. July 288:42 a.m.: A shed was robbed on Fernwood Avenue in Ben Lomond and $3000 of ammunition, tools, and a RC drone were reported stolen.

Dear Editor, In your edition of July 24, Ms. Lois Roth asked the Board of Directors of Lompico Water District (not a company, by the way), to tell our constituents why we would approve the use of water to clean our office building and parking area.We have been doing a late spring cleaning at the office, organizing, scrubbing, dusting, polishing... In that spirit, John, one of Lompico Water's field staff, filled the pot holes in the parking lot. I went out to admire his work and thank him, and said that I wished we could power wash the building. John said that we could, using reclaimed and no longer potable water, so I asked him to do that.We were waiting for the calls from people asking why we were wasting water; we would have reassured them that we weren't.I did not expect to see the first question in the Press Banner, rather than asked of us directly. I wish Ms. Roth had not skipped that step. This does give me the opportunity, however, to remind everyone that we are still living in drought conditions, and need to practice severe conservation. At the same time, please don't rush to judgment about neighbors; many of us used recycled water for gardens, for instance.Please save water, and please ask before accusing.Merrie SchallerDirectorLompico Water District     

Dear Editor, I was curious after reading the opinion on vaccines and autism by Natasha Stephenson in the 7/24 Banner.The link she gave didn't work but I was able to find a site that lists 100 research projects which prove a link — so I dug in.The 1st related to vaccines with thimerosal, which is not used in pediatric vaccines, and rarely in adult. It had little to do with the current spectrum of vaccines children get, and adults can ask their doctor for thimersosal-free vaccines. The study was from 91 to 97. It concludes high doses of thimerosal in the first month of life increases risk of neurological impairment. The CDC reports "Since 2001, with the exception of some influenza (flu) vaccines, thimerosal is not used as a preservative in routinely recommended childhood vaccines. Parents can request thimerosal-free vaccines. The 2nd study reported some adverse results for the Hepatitus B vaccination when given in the first month of life.The 3d study found a correlation of frequency of vaccines with aluminum as preservative and ADS. But as aluminum is used more and more industry and common household products, the causal link is problematic. For instance there is also a correlation of autism and increased use of GMO foods, which contain the carcinogenic glyiphosate residues.  The 4th study speculates that AL in vaccines may have a role in causing ADS but it states: "Over the last 200 years, mining, smelting, and refining of aluminum (Al) in various forms have increasingly exposed living species to this naturally abundant metal. Because of its prevalence in the earth’s crust, prior to its recent uses it was regarded as inert and therefore harmless. However, Al is invariably toxic to living systems and has no known beneficial role in any biological systems. Humans are increasingly exposed to Al from food, water, medicinals, vaccines, and cosmetics, as well as from industrial occupational exposure. Al disrupts biological self-ordering, energy transduction, and signaling systems, thus increasing biosemiotic entropy. Beginning with the biophysics of water, disruption progresses through the macromolecules that are crucial to living processes (DNAs, RNAs, proteoglycans, and proteins). It injures cells, circuits, and subsystems and can cause catastrophic failures ending in death. Al forms toxic complexes with other elements, such as fluorine, and interacts negatively with mercury, lead, and glyphosate. Al negatively impacts the central nervous system in all species that have been studied, including humans."  (Note glyphosate, which is present in nearly 97% of all meat consumed in the US, through GMO feedstock, and is present in most soy and corn and other foods)Study 5 looked at the blood of Egyptian children with lead and mercury in their system. This study did not look at mercury, or lead, alone in the system, so its conclusions (that lead and mercury together) lead to an increase in autistic symptoms is problematic, since lead, alone is a well known, neurotoxin, and of course, except for the flu shot which parents can get mercury free, childhood vaccines in the US do not contain thimerosal.Study 6 found "an inappropriate antibody response to MMR, specifically the measles component thereof, might be related to pathogenesis of autism."I do not have the patience to go further but out of these 6 studies, none proves vaccines cause autism, and the issue of mercury can easily be addressed, as indicated, and studies of vaccines in the first month of life do not prove anything about vaccines given later.  These studies do raise concerns, however, and more study is indicated.I would certainly suggest that children never be given vaccines with mercury (i.e. ask for mercury free flu shots if given) and not in the first few months of life. The California law does not require vaccines until the child is ready for public school.The CDC recommends only one vaccine (HepB) in the first month and there is no law that requires it this early. Kids can get vaccines at any age. Vaccines can be waived with a doctor's recommendation but research shows that children with vaccine exemptions are 35 times more likely than others to contract measles.   The law requires vaccines for 10 diseases to attend schools.  I am 74, have not had a shot in over 60 years, and have no vested interest one way or the other, except I want our children and population to be safe from disease.  I think we need more research. However, fears of mercury, etc are often founded on ignorance of the elimination since 2000, in all but flu shots, which are available without mercury.  Much more dangerous is the widespread pollution of our air, our soil, and our water systems by the burning of fossil fuels, fracking and factory farming.  I think common sense can reduce most fears and concerns.  I am glad I don't need any more shots, but measles, in areas with no vaccinations, for example still kill thousands. "Approximately 145,700 people died from measles in 2013 – mostly children" according to WHO.  In the U.S., death from measles is extremely rare, but that is after decades of vaccinations.   Dale Ruff,Felton

Tuesdays, noon. Felton Presbyterian Church, 6090 Highway 9, across from Rite-Aid, 335-6900. “Free Lunch Tuesday.”Tuesdays through Saturdays (also 4th Mondays). Valley Churches United, Food Pantry and Food Distribution programs. Tues-Thurs 9-12 andSaturday 10-12. 1st and 3rd Fridays 9-11 are for seniors only. USDA Distribution on 4th Monday 10-1. For SLV, Scotts Valley, and Bonny Doon residents. Ben Lomond, corner of Highway 9 across from Ben Lomond Market, 336-8258.Wednesdays, 12-2, San Agustin Catholic Church, 257 Glenwood Dr, Scotts Valley (next to the fire station), 438-3633. Food Distribution.Thursdays 9:30-2:30. St. John’s Catholic Church, down from Rite-Aid, Highway 9 and Russell, Felton. 335-4657. “Thursday Lunch.”Thursdays, 11-12. Mountain Community Resources, 6134 Highway 9, across from Rite Aid, Felton. 335-6600. Food Distribution.Thursdays, 5:00-6:30, St. Philip’s Episcopal Church, 5271 Scotts Valley Drive, Scotts Valley. 438-4360. Food Distribution.Fridays, 5-6 p.m.. GateWay Bible Church, 5000 Granite Creek Road, Scotts Valley, CA 95066. 438-0646. "Fridays at Five" food distribution.Sunday, August 16, 12:30-2:30. Redwood Christian Center, 6869 Highway 9, Felton (at Fall Creek Dr., near San Lorenzo Valley High School). 335-5307. Lunch.Sunday, August 30, 2:00. SS Peter & Paul Orthodox Church, 9980 Highway 9, Ben Lomond, north of town, 336-2228. Dinner.Meals on Wheels, hot meals at dining centers in Ben Lomond (M-F) and Scotts Valley (Wednesday). Meals delivered (if eligible). Reservation required, $2.50 requested donation, for age 60+ (limited exceptions). www.communitybridges.org/meals (464-3180)Grey Bears Brown Bag Program, weekly bag of produce to be picked up in Ben Lomond, Felton, or Scotts Valley. Delivery available for homebound seniors. $30 annual membership fee, for age 55+. www.greybears.org (479-1055). Except as noted, all programs are free of charge -- Schedules are subject to change. Contact: [email protected]

The water of the Monterey Bay is reminiscent of what you may see off the Bahamas right now and has raised many questions. Tourists and locals alike are asking, why is the water such an amazing color right now?The typical plankton bloom we see in the Bay is from spring Northwest winds as upwelling is created, intern blooms of phyto and zooplanktons occur. At this time, possibly due to lack of wind and warm water, a less normal bloom of coccolithophores has occurred. This microscopic plant plankton has been around more than 200 million years. The plankton is rich in calcium carbonate commonly known as chalk; Coccolithophores surround themselves with microscopic plating made of limestone (calcite). At this time the bloom appears harmless and creates unusual water color. A similar bloom has been reported along the Santa Barbara Channel. This type of plankton is not common in the Bay but does not seem to be affecting fish and other wildlife.Scientists are studying the effects of coccolithophores as they may displace plankton that is more sensitive to increases in ocean acidity. Coccolithophores, with their calcium carbonate skeletons may also be vulnerable to higher than normal acid levels in the ocean. At this time schools of anchovies and mackerel are still plentiful from Monterey to Davenport. Squid spawns are strong in the Bay and surrounding waters. Whale watching boats continue to see dolphin, sharks, the usual birds and Humpback whales in the Monterey Bay.While this uncommon plankton does not seem to affect fish the warm water and lack of upwelling does affect their behavior. Salmon are still being caught in the Bay although they are deep down close to the bottom and are not in a strong feeding pattern. Rockfish have been abundant along the coastal reefs west of Lighthouse Point and are caught consistently. Ling cod fishing had been red hot earlier in the season and now is slower. A few halibut and White Sea bass have been caught as more squid have shown up in the Bay to spawn. With the beautiful turquoise hue of the Bay, observer’s hopes are high that the recent plankton bloom is all part of natures course.

If you live in Scotts Valley, it’s impossible to miss the substantial increase in noise due to airplanes constantly flying overhead at relatively low altitudes.There’s not just a buzz in the air, but also in the local papers as residents complain about the noise and those unaffected whine about those who are whining. It’s serious enough that phone numbers (877-206-8290) and websites (http://www.flysfo.com/community-environment/noise-abatement/file-a-complaint and http://www.sossantacruz.org) are dedicated to the problem. What is the law when jets buzz the local landscape? You might wonder whether those jets are trespassing. This, in fact, was a question asked when airplanes first started roaring overhead. The common law held that landowners owned the sky to the periphery of the universe. The civil code in California still declares that a landowner owns everything situated above the land. That stance, however, was modified in the early sixties to conform to federal cases that declared at least as early as 1932 that the federal government has a permanent easement to use the skies for public transportation. Trespass actions and most attempts to enjoin airplanes from flying overhead were rebuffed by the courts.Other landowners claimed that the flights constituted a taking entitling them to compensation. In United States v. Causby, the Supreme Court found a taking because the flights above the landowner were outside of “navigable airspace.” As you might expect, Congress went dizzy with fear that tens of thousands of landowners would sue for takings because of flights outside of navigable airspace. Their solution? Redefine navigable airspace, of course, so that virtually all airspace is “navigable.” The current presumption is there is no taking if the over flight is more than 500 feet above the ground in rural areas (i.e., Scotts Valley) or 1000 feet in congested areas. While it may be possible to prove a taking above these elevations, good luck in finding a lawyer who will take the case.Does this mean the good citizens of Scotts Valley are doomed with no recourse? Certainly not. I can think of two actions one may wish to take (other than whining). First, ask the county assessor to reassess your home and lower your property taxes. I suspect even the most jaded government assessor would agree that hundreds of flights over one’s property, at all hours of the day, diminishes the value of your property. (If the assessor doesn’t agree, tell him you’ll be blowing an air horn outside his house every few minutes 24 hours a day.) Second, one can sue for nuisance and inverse condemnation. Nuisance is a particularly convoluted law, such that one legal scholar declared, “There is perhaps no more impenetrable jungle in the entire law than that which surrounds the word nuisance.” Still, it is well settled that one can sue an airport, in this case SFO through the city and county of San Francisco, for nuisance and/or inverse condemnation.If you have the stomach (and wallet) you can do full blown litigation, but one can also go to small claims court. While the details of how to sue for nuisance and inverse condemnation is beyond the purview of this column, here are a few guiding principles. First, you have to file a government tort claim. The form is online at http://www.sfcityattorney.org/Modules/ShowDocument.aspx?documentid=427. If you have any plans on doing this, you better get moving because the usual time limit is six months from when the problem accrues (there is an argument it should be 1 year, but I wouldn’t risk it). When referring to airplane noise, this is sometimes called the date of stabilization. I suspect the courts will say the “cause of action” accrued when the NextGen flights began. I understand this was in early March, so the deadline looms. Even if you’re not sure you want to follow through with a claim at this time or don’t know your damages, it’s still best to file the claim or you will lose it forever.If the government rejects your claim or remains silent for 45 days, you can proceed with a lawsuit but, again, don’t delay as there are statutes of limitation. Your next task is to determine damages. While you won’t be able to put a precise figure on the annoyance and emotional distress, you can determine how much the value of your home has diminished. A court may accept an assessor’s drop in assessed value due to the flights but the assessor isn’t necessarily looking at market value. To get diminished market value, you must hire an appraiser. While the diminished market value should work as proof of “substantial interference”, you can also bring witnesses to testify and educate the court on the hundreds of flights flying daily over your property. Some of this information can be gleaned from San Francisco International Airport’s website. Otherwise you may have to make a public records request.I want to stress that the law surrounding nuisance, inverse condemnation, tort claims, damages, evidence and civil procedure can be remarkably complex. Plus, statutes of limitation lurk everywhere. A layperson doing this on his/her own in Superior Court can quickly be overwhelmed, but a diligent individual should be able to maneuver through small claims court. Go for it! The sky’s the limit- but only $10,000 if you’re in small claims court.Gary Redenbacher of Scotts Valley is an attorney in private practice. E-mail him at [email protected]