Loudon Family Private Investigator Looking For Lamorindans With Prescription For Papaverine

A private investigator retained by Marianne Payne to shed light on questions surrounding the death of her son, 16-year-old Joe Loudon - is hoping to contact any Lamorindan with a prescription for Papaverine, the drug an autopsy revealed was present in "high" levels in the boy the night he died.

Mike Mahoney, a former San Francisco police homicide inspector, is attempting to contact anyone locally who has or has had a prescription for the vasodilator - a rather unusual drug not commonly found today.

Mahoney is asking people with a prescription for Papaverine or its generic equivalent to call him at: 925 648-3605.

Moraga "Buzz" - Everyone's Talking About Barber Shop Commentary On White House Beer Bash

It's an old adage that if you want to gauge the sentiment of a town just pay a visit to its local barber shop.

That's what KTVU Channel Two did yesterday, sending its political reporter to take the pulse of guys waiting to get their hair cut at shops in Oakland and - wait for it - Moraga to see what people thought about the Gates/Crowley/Obama beer garden bacchanal.

It appears everyone came away with their perspectives intact back in Washington, and no one is afraid to share their opinion on the story out on the Left Coast, either. Channel Two dropped by the Moraga barber shop yesterday and got an earful - with the general consensus being that our president opened his mouth about something he knew nothing about and that being a Harvard professor doesn't necessarily mean you're smart.

The opinion of patrons and shearers at the Oakland establishment, as you may expect, was diametrically opposed to that position.

Sigh. More beer for everyone maybe?

Whole Foods Opens In Lafayette In Mid-2010

With all this talk of organic foods in Lafayette, we though we would check in with our friends at Whole Foods and see when they planned to open their new Lafayette location at the old Albertsons on Mt. Diablo Blvd.

Company spokeswoman Jennifer Marples tells us the store will open in mid-2010, and promised to keep EastBayDaze readers informed of developments.

We're obliged. Keep checking back for more news...

Orinda Company Set To Scan George,Teddy, Thomas and Abe

An Orinda company who pioneered the use of deep scanning lasers to "build" 3D recreations of historic sites will turn their devices on one of this nation's most iconic landmarks - Mt. Rushmore.

Orinda-based CyArk will bring its technology to the Badlands of South Dakota for a "deep scan" of the craggy portrait in stone. Archaeologists will be able to use their data to repair or rebuild the monument in the event of a deliberate attack or earthquake.

The project is expected to get underway this fall with the company posting updates of is progress to its web site so Rushmore fanciers can get a firsthand glimpse into the stone monument.

New Evidence Of Mexican Cartel's Involvement In Bay Area Drug Production And Sales

EastBayDaze has heard from several contacts in Federal law enforcement circles of an ongoing investigation into what one agent referred to as "The Michoacan Express" - an underworld superhighway of drug smuggling running from Mexico to the Bay Area.

The investigation centers around the use of illegal aliens to smuggle, harvest and protect marijuana at isolated grow sites throughout California, as well as the increased smuggling of so-called "tar" heroin from Mexico into the state.

We've reported the efforts of local and federal authorities as they raided local grow sites in Livermore and Sunol, and take note of Wednesday's raid on a huge farm in Sonoma, which netted two illegal alien "farmers" - both from Michoacan - as well as $5.5 million in plants.

Today, federal agents announced the indictment of 21 people believed to be involved in a drug trafficking ring that imported an estimated $17.5 million worth of heroin from Michoacan to California, including to parts of the Bay Area.

Acting U.S. Attorney Larry Brown said at a news conference in Sacramento this morning that federal drug enforcement agents have seized about 50 kilograms of heroin worth about $4.4 million.

Heroin imported by the trafficking operation was sold in cities including San Francisco, East Palo Alto and Oakland.

In addition to the 50 kilograms of heroin, about $250,000 in cash allegedly destined for Mexico was seized, Brown said.

Federal investigators and local drug enforcement efforts have also noted the growing involvement of established Hispanic gangs in the sale and distribution of the imported drugs.

Orinda Shakespeareans Lose Marsha Mason For Beckett's "Happy Days"

Marsha Mason has announced her withdrawal from the California Shakespeare Theater's already-in-rehearsal production of Samuel Beckett's "Happy Days" due to "personal reasons," the company announced Wednesday. A replacement will be named shortly.

"I am very sad that Marsha had to leave the show," Director Jonathan Moscone told Playbill. "Both of us very much look forward to working together on another project in the future."

"Happy Days" begins previews Aug. 12, opens Aug. 15, and runs through Sept. 6 at Bruns Theater in Orinda.

Say It Ain't So, Manny...

This just in to the EastBayDaze sports news center:

Manny Ramirez and David Ortiz, the big bats who propelled the Boston Red Sox to end an 86-year World Series championship drought and to capture another title three years later, were among the roughly 100 Major League Baseball players to test positive for performance-enhancing drugs in 2003, according to lawyers with knowledge of the results.

We don't know how you feel about this doping stuff, but it all seems kind of pathetically disingenuous to us that we hold these guys up as heroes when they're on the juice.

We don't normally cover sports, but whaddaya think about this one?

Lamorindans Tearing Out Their Lawns - And Smiling When The Water Bill Comes

We've done it, and judging by the number of people who come by the house looking for insight into what it takes to go "lawn-less," more and more of our neighbors will be doing it, too.

One of the local water converts was featured prominently in a recent issue of the San Francisco Chronicle. Kaye Rosso of Moraga, president of the San Francisco Succulent and Cactus Society, pulled up her carefully tended lawns and replaced them with succulents - which take much less water and makes EBMUD really happy.

Rosso made her move a year and a half ago, while conducting a garden tour of her home.

"I'm standing up front saying you should really take out your lawn," Rosso said, "And I stood there and had an epiphany," she told the Chronicle. 'What am I doing? I should be putting in succulents.' "

So she did, and her water bills went down by half.

Okay, Okay, We Promise To Get More "Modern" Music - But For Now, It's Mick, Brian, Bill, Charlie And Keith...

Count the musical influences, and the effect Mick has on the girls when he busts a move. Keith is reining himself in from cranking out a Chuck Berry riff and that's some pretty good blues harmonica from Brian.

And then there's Charlie and Bill in the "engine room," making it all happen.

Look at Keith Richards and tell me life can't wear you down! Enjoy!

New Construction Set To Begin In Lafayette

More construction is scheduled to begin soon in Lafayette, this time at 3722 Mt. Diablo Blvd. as a new, 20,000-square-foot office building goes up.

The $2.5 million structure is expected to get underway in October.

Washington Awakes: Will "DWT" Become A Violation Of Federal Law?

EastBayDaze has made its position on "Driving While Texting" known so we won't belabor our point. But it appears that - finally - people in a position to do something about this criminally negligent behavior are stirring:

"The federal government ought to pass a law banning this dangerous and growing practice to protect the millions of Americans on our nation's roads. It is a matter of public safety," said Sen. Charles Schumer, D-N.Y., who will unveil legislation banning texting while driving today along with Democrats Robert Menendez of New Jersey, Mary Landrieu of Louisiana and Kay Hagan of North Carolina.

If you do it, now you know there are people out there afraid of you and willing to stop you. If you've been the victim of someone DWT'ing, now's the time to send your support to those trying to stop something that never should have gotten started in the first place.

And just so we're clear, the people who blocked publication of studies proving this practice was dangerous because they didn't want to anger the cell phone lobby ought to be imprisoned.

End of morning rant.

Loudon Investigation "Open" As Detectives Conduct Additional Interviews

Orinda police are conducting another round of interviews this week in connection with their investigation into the death of Miramonte High School student Joe Loudon, Chief Bill French said today.

Investigators were preparing to bring the case - in which three people have been arrested thus far - before the county district attorney sometime this week. It is believed that additional information supplied by Loudon's mother and her impassioned letter to the district attorney asking for a second look into possible criminal culpability's the night of the party where Joe died may be behind the latest round of interviews.

French, who has refrained from commenting on the case in light of Marianne Payne's letter to District Attorney Robert Kochly, said only that the case remains "open."

Family members of the popular Miramonte High School student-athlete maintain that several unanswered questions remain in connection with the case - notably cell phone activity on a IPhone Joe had in his possession that went missing that night. The family noted that "data transfers" on the phone's billing records indicate it was used after he had died, and to make changes to his FaceBook page which they did not authorize.

No clear picture of what took place inside the house during an unsupervised house party with high school and college-age students in attendance has emerged, although Marianne Payne said intoxicated youths streaming out of the home when she was summoned that night told her of a shocking and upsetting scene inside.

At least one partygoer told EastBayDaze through her father she thought Joe was "playing" when he was found passed out in a hallway that night and that she "didn't want to talk about anything else that happened."

Joe Loudon asphyxiated after ingesting the alcoholic equivalent of one beer and a "high" level of papaverine, a vasodilator once used to treat erectile dysfunction. Family members stand fast in their assertion that Joe, who disapproved of smoking or any other form of drug use, would never have knowingly ingested the drug.

Lafayette Farmer's Market Gets A Green Light - With Conditions

The Lafayette City Council gave its approval for a "trial run" of Thursday evening farmer's markets in Park Plaza, but asked the petitioning group of farmers to provide parking monitors and conduct an objective assessment afterward to determine if future markets will fly.

"We were a mighty force last night," says Jessie Neu, director of Contra Costa Certified Farmer's Market. "The effort benefited tremendously from the passionate local boy, Acalanes graduate Darryl Wong, returning as a farmer (Free Wheeling Farm/ Santa Cruz), to a local business person who chastised the council for underestimating the power of their volunteer crew."

Another Acalanes grad, Regine Lee of Deloitte & Touche, stepped up during the meeting to offer her firm's help with the "after market" evaluation of the market's impact on the neighborhood and community at large.

"It was all very exciting and positive," Jessie says.

Residents and business owners did address reservations about traffic and parking on the nights the markets are up and running.

"They are very concerned about traffic and parking which we assured them we are fully committed to addressing," Jessie added.

All four council members (Don Tatsin was absent) acknowledged that the central park location would be the biggest boon to draw people downtown and have a positive ripple effect throughout the downtown area.

Market Nights: September 3,10, and 17 starting at 4 p.m., Plaza Park

Harry "The Horse" Atkinson, Pride of St. Marys, Dead At 80

EastBayDaze was saddened to hear of the loss of local character and gridiron hero Harry "The Horse" Atkinson, who died in a car crash on the Point Reyes-Petaluma Road in Marin County last week.

A native San Franciscan and standout athlete at Saint Mary's in the 40's and 50's, Harry was one of those "can't keep him down" types who managed to pull off the most amazing feats of athleticism despite the loss of an eye as a youth. He was "All City" in football at Poly High School in the City before turning up at St. Mary's.

Harry was enroute to keep a meeting with his dying brother Richard at the time of his accident but obviously was not able to keep that meeting. Richard died three days later.

Our condolences to his family. He was a great guy.

Lamorinda Loves Texting While Driving, More Dangerous Than Driving Drunk! WooHoo!

Texting or emailing while driving is an addiction, people who do it say - and one not easy to kick.

"My tone goes off and I've got to respond," says Jason Huth, a twenty-something who had his phone fixed to his steering wheel in Orinda this weekend, his thumbs and fingers working crab-like over his keyboard. "It's usually a bud, or a lady - and yeah, I guess it's not important to you, but I love to do it."

Yikes. Jason wasn't the guy (another twenty-something but we're not just picking on them) who was riding us on St. Mary's Road last week, creeping up on our bumper and looking up from the device in his lap in time to back off, then creeping up again.

It scared the bejeebers out of us. We were obviously being pursued by a "Textaholic," someone so committed to qwerty and conducting insipid conversations at high speed that he didn't care if he climbed up our tailpipe and into the backseat with the kids.

We tried to get away from him, it was so bad, and I looked back a couple of times to see if maybe TextBoy would take the hint and and back off.

No dice.

"Oh God," I said at the crosswalk just before Lafayette Community Center, two middle-aged bicyclists with "Please Don't Kill Us" looks on their faces waiting at the bollards. "He doesn't see us..."

TextBoy came on like a bull at Pamplona, his little Toyota something whining as he got closer. I didn't have time to get out a "Brace for Impact" or some other Captain Sully-worthy warning before he was on us, looked up and wet himself. I watched with one eye closed as TextBoy spun the steering wheel, grazed our left rear quarter panel and brushed back the bikers, who shook their heads but did nothing else as he sped merrily along, leaving us sitting there at the now vacant crosswalk.

I read today that Texting While Driving, known to the CHP as "Driving While Recto-Cranially Inverted," raises the risk of a crash 23 times, more even than driving while drunk. A dedicated texter who keeps his or her eyes on the keyboard while at the helm of their land yacht traverses a football field in the five seconds it takes to e-burst Buffy and give her an "OMYGOD."

Indded, it far surpasses the dangers of other driving distractions.

Tom Dingus, director of the Virginia Tech institute, one of the world’s largest vehicle safety research organizations, said the recent findings about the dangers of driving while texting were clear.

“You should never do this,” he told the New York Times. “It should be illegal.”

It is illegal in California. I think.

Moraga PD To Get "Video" Tasers

Moraga Police Chief Robert Priebe reports that the local gendermerie will soon be equipped with Taser guns equipped with video cameras to head off any possible complaint of abuse on the part of the Tasing officer.

The question came up recently when EastBayDaze asked the chief about the recent use of a Taser on a non-complying, non-student out at St. Mary's College. We'd thought it might have been a first.

But Bob says that while infrequent, his officers have used the devices in the past, and that they are very effective in the field.

"We just purchased a newer model of Taser that we will use when we have everyone trained on its use," he says. "The newer model is equipped with a built-in camera that starts recording as soon as the Taser is turned on. Great evidence in cases where suspects claim misuse."

Just remember to smile.

Five Acres Burn Behind Rheem Center

Firefighters jumped on a fast-moving grass fire today and knocked it down as it burned uphill towards homes and condos on the ridge overlooking the center.

Units from Moraga-Orinda Fire, Cal Fire, and Contra Costa County jumped on the blaze shortly after it was reported behind the center at 4 p.m. today.

It was out within an hour, left five acres of blackened hillside in its wake but did not make it to the threatened structures. Crew members called the origin of the fire "suspicious."

EastBayDaze Sunday Bliss

Up early this morning and met by the wonderfully resonant sound of - silence.

It was glorious. A Moraga mist clinging to the hillsides, trees rocking to their wind music, too early even for the birds or even early bird tennis players. The only sounds: the wind rushing past my ears and a cow lowing somewhere from behind the ridges.

The perfection held until around 8 a.m. or so as the first traffic sounds began to rise, then a leafblower but thankfully off in the distance. All in all it was a great start to the day.

Had to write about it.

EastBayDaze.com

Moraga "Unhip?" - Take That Back Or We'll Never Let Grace Smoke Her Pot Behind Slip Madigan Again...

Caught this reference on a blog documenting the early music scene in the Bay Area:

October 28, 1966 Slip Madigan Gym, St. Mary’s College, Moraga
Jefferson Airplane/Patty Phillips & The Chosen Four
The show was promoted by The Associated Students of St. Mary’s College. St. Mary’s College was a Christian Brothers College in the suburbs just over the hill from Berkeley. The Airplane’s booking is another sign that the ballroom bands are expanding their sphere of influence beyond San Francisco and a few hip college towns (Moraga was and is decidedly unhip). I do not know who Patty Phillips and The Chosen Four were.

Not hip? Well, you've obviously never listened to the muzac at OSH or experienced the joys of a meatball sandwich at Bianca's Deli!

Unhip, indeed.

"Don't Taze Me, Bro!" - Saint Mary's College On The Moraga Police Log - Isn't School Out?

I'm pretty sure Saint Mary's College is not in session but things are still fairly active at SMC, apparently, as Moraga Police report the rare (correct me here, but I can't recall a previous time) deployment of a Taser device as police attempted to corral a campus visitor there recently.

The Lamorinda Sun reports police were called to the campus on July 15 in answer to reports of a student renovating his room and throwing furniture out the window onto Mission Road. Responding officers observed what appeared to be the aftermath of a violent altercation and during their interrogation of students there one of their number - a non-student - "Dixied" and headed for the bush with police in pursuit.

The youth was located and ran for it a second time, police say. He was advised he would be Tasered but pressed his luck and Moraga's finest kept their word. The bracelets went on after they cut off the juice.

On another college-related call, it appears an SMC student saw the belt buckle of an Orinda police officer in his car window after he rear-ended a car at Moraga Way and Glorietta on July 4.

Asked what had happened the glassy-eyed driver responded with the timeless response of the at-fault motorist: "I made a mistake."

More bracelets were brought out and after all was said and done the collegian's Blood Alcohol content came in at more than double the level allowed by law (hint: .08)

And this is the vacation break, you gotta wonder what's going to happen when classes are back in session.

EastBayDaze Guest Columnist: Orinda's Rick Kattenburg

If you're reading you may know that we like to feature local folks on our pages from time to time. This week we were pleased to see an offering from Rick Kattenburg, a well-known Orinda architect and, we note, a proponent of green building practices in Lamorinda and our state.

Photo Left: Rick Kattenburg

We asked Rick for some perspective on changes he is seeing in his field, and some re-thinking of once-accepted building practices in the face of a national trending toward green architecture and construction.

So, here we go:

An Architect’s Point of View: by Rick Kattenburg

Never before has there been such momentum in the “green building” movement, especially here in California. Suddenly, there's an interest in obtaining a better understanding of technologies that work and those that, let's say, work less well.

Such is the case of running forced air for heating and cooling through ducts located in your attic. This wouldn't be such a problem, if it weren't for so many local HVAC contractors who prefer to install ducts in attic spaces. Now with the public up on all things green - it's time to take action. What was passed down from one Lamorinda HVAC (Heating, Ventilation, and Air-Conditioning) contractor to the next generation, ignored good building science. But now, the days of cheap energy are gone. It’s time for a change.

Recent scientific studies of ducting in “sealed” or closed crawl spaces measured against ducting in attics was conducted in three different cities with different climates by North Carolina based Advanced Energy Corp. with findings published in the June 2009 Green Builder Magazine have confirmed one I have always been taught: It's a bad idea to allow your builder to run ducts in the attic. The study actually confirmed that it's bad to do in almost any climate. It's clearly an energy waster in the winter, as the heated air from the furnace rises. It’s basic physics.

Instead of lost heat from ducts rising into your home from the crawl space (when ducts are placed beneath the floor) it dissipates and rises into the top of your attic as wasted energy. But attic ducting is also not so great in the summer when the cool, conditioned air in the ducts is heated by the attic's warm temperature, which as most of you know, can really be quite toasty.

In a home that is on a concrete slab (and fortunately, due to expansive soils, there are a few homes built locally on concrete slabs) it is necessary to utilize alternate locations for duct work. Here, the best solution can be to run the ducts beneath a hopefully well insulated attic space, in dropped “furred” ceiling areas, known as soffits. In general, heating registers are best placed beneath windows on outside walls. Heat will rise and evaporate any condensation that might occur on the Windows. Ideally, air-conditioned cooled air, is best delivered from a register placed high on an inside wall or ceiling.

In our local climate, the heating season governs and clearly crawlspace ducting with register placed beneath windows on outside walls is the most optimum way to deliver both cooled and heated air.

Several years ago, at a seminar I attended, an HVAC consultant from Minnesota, made a big joke of the way we crazy Californians ran our ducts in the attic. Clearly, even though our climate is not as extreme as Minnesota's, we now need to heed the rules of sensible design to help sustain our planet, not to mention, save ourselves a few bucks.

For those who haven't noticed, ever since Enron managed to trick Congress into deregulating utility companies under the false premise of lower costs to the consumer, energy prices have risen almost exponentially. Of course it didn't help when they engineered shutting down power plants to create a scarcity of energy, and then sold the energy from utility plants they controlled back to us in California at outrageous prices.

But back to technologies that work well and those that work less well. I'm reminded that we need to be vigilant in determining which is which. To do so, we’ll need to educate more scientists, critical thinkers, and the kind of public servants that can get things done in a bipartisan cooperative manner. Currently, we're learning that the production of most photovoltaic solar cells utilize nitrogen trifluoride (NF3), a chemical that is 17,000 times worse for global warming than CO2. The levels now found in the atmosphere are considered to be four times greater than previously expected. Currently, this chemical is not regulated in the production of PV panels. Yet fortunately, there is a fix that can improve this technology: the substitution of fluorine for NF3. That’s the kind of fix we need and can have with the right teams guiding us as we develop more efficient techniques for conserving energy without blundering by creating unwanted collateral damages.

Although it has little to do with architecture, I've always felt that we Lamorindians, have been both greedy and foolhardy in our consumption of large heavy gas guzzling vehicles like Hummers and most SUV’s when often times, we don't even need them.

These are the cars that do damage both to the environment and to the occupants of other vehicles they crash into. Too many times, owners of such vehicles, have purchased them claiming a desire to protect their loved ones. This is a vicious circle of egocentric thinking that helped bring down the American car industry.

Of course the obvious lack of judgment on the part of the GM, Ford, and Chrysler executives that chased the buck for Wall Street are also to blame. Instead of showing leadership and producing energy efficient smaller cars, they chose instead to irresponsibly create and satisfy a market of buyers out of touch with needs of future generations. Greens have been crying about energy wastage for 40 years or more and yet many Americans have failed to absorb the simple fact that Work equals Mass times Acceleration.

The heavier one’s vehicle, the more energy will be needed to move it, and that is in direct proportion to weight when accelerating. Friends, we can all take much better care of spaceship earth.


Rick Kattenburg, Architect
Kattenburg Architects
11 Moraga Way
Orinda, CA 94563

Now, THAAT's What We Call An Entrance - Beats "The Wedding March" Any Day!

Pressure On Mexican Drug Cartels Ramps Up With Arrests In Sierra Nevada

Federal and state drug enforcement agents have arrested 82 people - all but one of whom are Mexican nationals - for turning the state's park system into armed encampments supporting their efforts to grow and distribute marijuana in the state and throughout the nation.

Drug raiders say they destroyed $1.2 billion worth of plants during sweeps of 70 isolated mountain grow sites in the last two weeks alone.

Fresno County Sheriff Margaret Mims says several Mexican drug cartels are behind the operations. The recent enforcement efforts netted $41,000 in cash, 26 guns, and three vehicles, Mims reports.

More arrests are pending as police investigate the cartel's distribution networks, said to involve local gangs.

Joe Loudon's Cellphone Used After He Died, Was It Being "Scrubbed?"

The mother of 16-year-old Joseph Loudon says in a letter to county District Attorney Robert Kochly that her son's cell phone was getting "significant use" as he lay dying - and even "after his death an into the early morning."

Marianne Payne's assertion confirms information garnered by EastBayDaze that the "missing" phone was in fact in someone's possession and that person was actively "scrubbing" it of information - possibly text messages or pictures - the day after he died.

Citing billing records available to her after Joseph died during an unsupervised party at the home of teammate and friend Patrick "P.J." Gabrielli, Payne said: "I believe that these "data transfers" were likely someone removing key evidence about Joe's death."

Asked to comment about Payne's belief, Orinda Police Chief said Thursday he could not "in light of very recent developments."

Marianne Payne said she remains "haunted" by the circumstances of her son's death, revealing that she was across the street at the time of the party and could easily have been summoned.

"I was, in fact, the last to know, arriving at the (Gabrielli) home amidst a sea of flashing lights and intoxicated adolescents, many who shared shocking stories about what had been occurring inside."

Joseph was at a movie with friends the night of the party, Payne said, knew of the party but did not plan to attend. In fact, she said, he "left the movie without explanation after an incoming communication from a teammate."

Alluding to the crowd at the party that night, Payne said she "continues to believe in Joe's vulnerability amidst a household with a dangerous mix of high school and college-age kids."

Biker and Passenger Down On I-680 at North Main

Two people riding a motorcycle on southbound I-680 in Walnut Creek this morning were injured after they were struck by another vehicle and thrown from their bike.

The California Highway Patrol is still clearing the scene and resultant commuter traffic but a spokesman did say that the accident was reported by cell phone (really the only time to use to use those gizmos when in a car) just after 7 a.m.

Two people, both on the motorcycle, were taken to local hospitals. The secondary vehicle was described as a Lincoln town car and traffic was restricted for a short time while debris was removed from the scene of the crash.

The identities of the injured parties and the extent of their injuries was not immediately available.

Lafayette Farmer's Market Survey Released - Respondents Ask For Free Beer, No Butts, Parking

A local group attempting to secure permission to hold a farmer's market in Lafayette's central Plaza says a chamber of commerce survey of local chamber members supports their position that the town is ready for fresh fruits and vegetables.

Contra Costa Certified Farmers Market wants to bring local vendors to the Plaza starting in late July and on successive Thursday nights through August. They say the concept, already in place and heavily attended in the neighboring towns of Moraga, Orinda, and Walnut Creek is right for Lafayette and would draw additional business to the area. Some business owners and residents have expressed concern over the location, its proximity to traffic and the impact on the area the market would have.

The town council will hear both sides during its July 27 meeting.

Naysayers have said that a market in Park Plaza would bring more traffic to an already heavily trafficked area, take up more parking spaces, and potentially impact a few local businesses who happen to be nearby. Jay Lifson, CEO of the Lafayette Chamber of Commerce, launched a survey of 761 members in and out of Lafayette who receive the chamber's weekly newsletter.

Of the 761 addresses, 131 people opened, read, and responded to the survey - a 17.2 percent completion rate, Lifson says. Of those people 79 percent said the market would help local business while 16 percent said it would hurt. Eight percent said they were in favor of the idea.

Sixty one percent said they shop at other farmer's markets, while respondees seem equally divided on whether parking in town would be an issue with 48.8 percent saying "yes" and 48 percent saying "no."

Forty four percent said they predicted traffic/circulation problems during market hours of 4 p.m. to 8 p.m. while 52.6 percent said they saw no potential for problems. Of those surveyed, 76.3 percent said they would be likely to visit another local business after the market.

Resident Chuck Stuart, owner of the Stuart Company on Oak Hill Road, expressed concerns about the project in a letter to the town council.

"...Looking ahead, it appears counter-productive to encourage a crowd-producing activity within a relatively short clock-hour period of time, on a weekly basis, or more, to be held upon a postage-stamp size area, at the busiest intersection in town," Stuart wrote the council.

Additionally, survey respondents added a few suggestions of their own to make the market idea more palatable, some more realistic than others. A sampling:

"If the city would like to participate, it could allow free parking at the meters."

"I'd rather contend with traffic issues than a lack of traffic!"

"Restrict alcohol and smoking..."

"Sunny days, temperature around 72 degrees. Free beer."

"Politics" Kills 950 American Motorists, Maims Countless Others - Because No One Wanted To Anger Congress. We're Angry, Are YOU?

Sometimes, gentle readers, we just want to howl like a mad dog. Generally, this happens when a situation so clear to anyone with a brain, so logical to most thinking people - is bent, shaped, and warped by the special interests of a few to get their way and, in the process, harms many.

We offer for your consideration the most recent example of "Politics Gone Mad" - or, why "Monied Fat Cats Are Allowed to Run Amok and Kill Us so They Can Make More Money."

In 2003, researchers at a federal agency proposed a long-term study of 10,000 drivers to assess the safety risk posed by cellphone use while driving. They felt,as we have for so long, that there is evidence supporting the position that multitasking was a serious and growing threat on America’s roadways.

But this study never happened. Additionally, the National Highway Traffic Safety Administration - the very public officials entrusted with making our highways safer - decided not to release data proving that cell phone use while driving was dangerously irresponsible - because they didn't want to anger Congress.

The research is being made public today for the first time. The "officials" who withheld the research say they were urged to withhold the research to avoid antagonizing members of Congress who had warned the agency to stick to its mission of gathering safety data but not to lobby states.

Critics say that rationale and the failure of the Transportation Department, which oversees the highway agency, to more vigorously pursue distracted driving has cost at least 950 lives, maimed countless others and allowed a culture of behind-the-wheel multitasking to blossom.

We'll have the names of the criminals who blocked this data from reaching you, the consumer and citizen of this country, in our next story. It is not going away and neither will we.

"If Something That Size Had Hit Earth, It Would Have Been Curtains For Us..."

EastBayDaze likes it when the "little guy" triumphs.

We especially liked the story of the Australian man who gave up his golf and cricket games on the television in order to indulge his other passion this week - astronomy.

It seems Anthony Wesley gave up on Tom Watson to do a little Jupiter watching and ended up alerting the world's leading astronomers to the impact of an object the size of Earth on the surface of the planet.

The impact was made within the last few days, Wesley was able to prove, trotting out photos he'd made of the planet's surface 48 hours before the massive comet or piece of space rock plunged into its bottom quadrant.

Wesley told the Sydney Morning Herald that spotting the impact mark on Jupiter made him glad the huge planet is in Earth’s neighborhood: “If anything like that had hit the Earth it would have been curtains for us, so we can feel very happy that Jupiter is doing its vacuum-cleaner job and hoovering up all these large pieces before they come for us.”

Gulp.

Orinda-Moraga's Nowicki Drawing More Heat Over His Pension Than Any Fire He's Ever Been To

Photo Credit: Darcy Padilla, WSJ

A statewide debate on what old firefighters we know call "chief's disease" is underway, with increasing attention given to pensions being granted to retiring civic employees days or weeks before they are due to hand in their badges.

And one of these employees hails from right here in River City - Chief Pete Nowicki of the Orinda-Moraga Fire Department - on his way out the stationhouse door to a blissful retirement at age 51.

The chief, officially on the books as a "consultant" while the search for a successor goes on, is earning $14,000 and change every month while on the job.

That's a pretty nice chunk of change, but it's not what's attracting attention. As detractors point out, Chief Nowicki successfully negotiated a robust annual pension of $185,000 each year to a nearly CEO-sized $241,000 three days before his planned retirement day. Local outrage ensued, as you might expect. In the old days they gave you a gold badge, a sendoff at the fireman's hall and a handshake.

Nowicki suddenly found himself held up as the poster boy of government excess and, as the Wall Street Journal article suggests, there's fire where there's smoke.

The pension "bump," all agree, is perfectly within the rules, the Chief "selling back" accumulated vacation and sick time to help pump up his retirement benefits. He told the Wall Street Journal (that's right, this story has gotten pretty big) that he earned every cent of the money.

“I did not negotiate these rules,” he told a reporter.

But the pension spiking phenomenon, by no means limited to Pete's case, has been especially prevalent in California, and leaves detractors - many of them lower ranking firefighters - questioning whether there will be anything left in the pension pot for them when the time comes.

"A lot of pension funds out there today aren't exactly healthy," says one firefighter, who declined to give his name in the interest of "preserving the peace." "Higher ranking members are using certain rules to grab more of the pot."

Voices continue to clamor against the practice of pension bumping, with fingers pointing at local unions, but Fire District officials shrug and say there's nothing they can do.

“Chief Nowicki abided by existing rules and guidelines for optimizing his retirement pay,” Vice President Frank Sperling told the WSJ. “I don’t fault him. The system itself is broken. We need to change the system.”

Moraga's Former Mayor Talks Turkey, Er, Chickens...

EastBayDaze always appreciated former Moraga Mayor Lynda Deschambault. While her ideas may not always have resounded with the multitude of personalities in semi-rural, increasingly contentious Mo-Town, she stuck to her guns.

And what do former Mayors do when they're not pounding the gavel anymore? An area of interest for Deschambault these days, it seems, is not wondering how Moraga is going to fund services - but rather how she can re-stock her chicken coop.

You may know that Lynda is an outspoken advocate of Green Living and, apparently, what has become known as "backyard farming." She had chickens at her home once until the neighbors got tired of the crowing and trotted out an ordinance prohibiting their being kept in suburban coops.

Lynda complied, but she's always harbored an urge to let the chickens return to Moraga, and she spoke to Channel 7 News recently to say why. Apparently, it's not to further anger the neighbors, but to provide her family with a steady food source of homegrown eggs harvested under humane conditions - unlike many of the mass combines abusing the animals we rely on for our food.

We don't believe in bothering our neighbors, but we can see the viability of keeping your own chickens (and other livestock if your land supports them) and depending on them for food, milk, perhaps other things.

Nice to see Lynda again, too...

Moraga Homeowner Tries Going Without Water

Project: Moraga Xeriscape

Those of you who read us know what our neighbors know, that we're a little nutty and we're trying to do things a little differently in these days of water shortages, rolling blackouts, wardrobe malfunctions and "God Knows What Else Can Go Wrong."

We tore out the lawns, took out the old landscaping and resolved to give the front of our Moraga home a new look that would not break the bank every time the EBMUD bill arrived.

Months ago we put in some native species to give us some color while we turned our front yard into a wasteland, then turned to the hardscaping. We made a huge misstep and selected the wrong man to do the stone "eyebrows" anchoring the ends of the yard, but resolved that situation and now have the right man on the job. And no, you can't have him.

We'll be lighting the walls, adding some columns to house the mailbox and some "surprises" and then we'll be going to work on the entry. Please don't ask how much this is going to cost. It's not that I don't want to say, it's that the number catches in my throat every time I talk about it!

But we're having fun, hope the neighbors forgive us our dust and noise - though we're researching the purchase of some electric powered gardening equipment our next gardener (fired the last one for his obstinate loyalty to those damned gas-driven leaf blower nuisances) can use to compensate going forward.

We believe in sustainability, quiet surroundings, and a low-profile impact on the environment, and we put our money where our mouth is.

We'll let you know how it all turns out and if it was worth it.

Cali/Contra Costa County Bikers Dying In Record Numbers

Statistics recently released by the state Office of Traffic Safety support a position we've taken recently - that motorcyclists are dying throughout Contra Costa and the rest of the state at an unprecedented rate.

The official tally, according to OTS, was 560 last year. And while we're only a little more than halfway through 2009, it appears riders may surpass that grisly record when all is said and done.

As we've suggested, the increase in fatal accidents can be attributed, experts say, to more motorcycles being purchased in the state, a good many of them purchased by older riders with little or no previous experience looking to recapture a little of their lost youth.

"Motorcycle safety is a rapidly emerging concern," says OTS spokesman Chris Murphy. "These bikes are heavier, faster and more difficult to control than ever before."

We've counted more than 25 fatal accidents in the county in recent months, many of them on rural roads with little or no traffic. It has been suggested that inexperienced riders are heading out to the country to "see what their bikes can do" and are ending up in trouble in record numbers.

We'll go out on a limb and say there are more to come.

And Now, It's Time For A Little Shameless Self-Promotion...

Gentle Readers - and Not-So-Gentle Ones, too.

EastBayDaze started out as a whim, a lark, a side-trip down the road life in Lamorinda makes available to all of us. We thought we'd meet a few new neighbors, get our two cents in on local issues of concern to us, and have some fun along the way.

All that has happened, but also a whole lot more. We're getting an average of 800 unique (very unique in some cases) visitors a day to the site each day, and it seems all of them have something to say - about us, our coverage and story selection, and their lives here.

We have to say we're enjoying the hell out of it.

How big have we become in three-plus short months? EastBayDaze has received positive mentions in the San Francisco Chronicle, Contra Costa Times, and elsewhere. Our copy is often "borrowed" and reprinted outright - which you can regard as either the theft of intellectual property or the sincerest form of flattery.

We choose the latter.

Four months into it and this little excursion in e-journalism has taken a positive turn, with talk of paid advertising (we'll keep it real, believe us), deeper stories and more coverage as we move forward.

What will you get from us? A little irreverence when justified, perhaps another look at an issue you might not expect from "traditional" media (what's left of them, that is) and a few laughs, when possible.

Many of you have responded positively to our "video musical interludes," others like our news selection and coverage, others have mentioned the "home town" feel of our "publication."

For that, we thank you. If you have any other ideas for us, stories, want to advertise or just yak a little about our lives in Lamorinda, you know where to find us. If you live in Lafayette, Moraga, or Orinda we want to hear from you - and if you live outside our little golden bubble, that's cool, we want to hear from you, too!

Keep rockin', JD

Requiem For A Newsman: Walter Leland Cronkite, b 1916 - d. July 17, 2009

We've received the very sad news that a pillar of the Fourth Estate, a man whose voice alone "launched a million journalism careers," who called the morass of Vietnam out for what it was despite pressure from the pentagon and his own network, and who made the profession a respected a necessary arm of our way of life, died today at the age of 92.

Walter Cronkite, America's "Uncle Walter."

We remember him for his reports from Vietnam, his story of a bad glider landing during Operation Market Garden in World War II and donning the first helmet he could find when the survivors of the crash landing came under enemy fire.

A war correspondent to the bone, he struck off down a ditch and looked back to see a string of men behind him, and then learned that the helmet he had donned had formerly belonged to a captain - and that the men were following the only "ranking" officer they had.

Walter was armed with a typewriter and some notepads.

He was a good man, people liked him and he treated everyone with dignity and respect. He was a broadcast journalist, the voice we heard during the lunar landings, when John Kennedy was shot in Dallas, and on so many other important benchmarks in history.

Gone today, but never forgotten.

Thanks for showing us how it was done, Uncle Walter.

EastBayDaze.com

Oh, For The Life Of A Moraga Dog! Council Seeking Input On Rancho Laguna "Dog Park"

Moraga's Town Council is seeking community input from dog lovers who bring "Maxie," and "Ray Ray" to Rancho Laguna park for a sort of Doggie Woodstock most mornings and evenings.

EastBayDaze has been out there and it's pretty harmless fun, the dogs zipping around meeting other dogs and chasing tennis balls - no one really allowed to get outside of voice-control range and poo bags galore.

Parks and Rec was seeking to curtail party hours for the hounds, but the Town Council has tabled a proposal to do so until they can get conduct a "public outreach" and hear from all concerned parties.

We haven't heard of any naysayers, but that's not to intimate that there aren't any. We'll see.

In the meantime, feel free to sound off here about the park and those who play in it. The council meets July 22 to hear the matter but is expected to table the matter pending completion of their outreach.

Lamorindans Re-Inventing Themselves During Hard Times - How Are You Getting Along?

Lamorinda may be blessedly removed from much of the financial tribulation cratering whole neigbhorhoods in other areas, forcing foreclosures and sending lives into a tailspin, but EastBayDaze has found that we're not entirely bullet-proof.

In local bars and restaurants, our shopping areas and in parking lots, we've been asking locals how they're faring in this economy. And while many of us have untapped reserves to draw from, a home in Tahoe to run to when things get really bad, and can always turn in the Beloved Beemer if we have to - we're finding that our friends and neighbors are getting creative when it comes to survival in the Post-Bushian Economic Ice Age.

We met one such couple recently, a pair of tech specialists with an unusual skill set who have built businesses, spun the corporate gerbil wheel and experimented with green buisiness only to watch it bog down and expire in this recession like a Mammoth at La Brea.

Meet Dave Culp, neighbor and "serial entrepreneur," who thinks he and his wife Shelley offer a product other Lamorindans need and who are backing the idea with sweat equity. Dave and Shelley recently opened the doors of a new College Nannies & Tutors franchise office serving Danville and Lamorinda, and they've hired 15 of the "best and brightest" applicants they've gotten so far.

Interest in their services has their phones "ringing off the hook."

“Role model-based childcare and customized tutoring services are less subject to
recession,” says Dave, who arrived in Lafayette with his family in 1969. “The families we serve view high quality childcare and tutoring services as an investment, not an expense."

Dave's Dad went to Acalanes back in the '40's. Dad, Grandad, and Dave all went to Stanford after that.

"We ain't exactly new news," he says. "I started a successful home building biz in the 70's; ditto a boat building business that same decade. I built a design firm (one man, but with some success - in small boat design) in the early 80's. I ran a successful residential real estate brokerage in Walnut Creek, Lafayette and Danville - for 18 years."

Dave started a high-tech yacht technology startup in 2001. He holds two patents, and two Guinness world records in the yacht racing technology field. He started a high tech alternative energy biz in 2004 - "we were working to bring wind power back to the oceanic shipping business, but that window of opportunity closed with the '08 recession and drop in oil prices."

He went to work for another Alt Energy startup, which also fell on tough times and incurred massive layoffs - including Dave.

"So here I sat, out of work, highly trained in a field so narrow its planet-wide demand is a couple of dozen people," he says.

Taking stock, Dave says, he decided to take another shot.

"After risking it all, repeatedly over and over, sometimes winning big and sometimes losing, I learned that jumping off the ledge with a new startup businesses doesn't hold the fear factor it once did. So I went business shopping, and here I am," he says.

Dave says the bottom of a recession is a good time to be building a business. Nobody wants to take risks, so the relative value of risk-taking in and of itself becomes relatively large.

"We're already seeing signs of easing in this recession (Contra Costa real estate has become a hot commodity once again, for instance); but whether or not consumer confidence takes a jump, parents who place a high value on their time and on their children's developmental and educational careers will always value quality customized nannying and tutoring."

Will it work? We'll see, time will tell. For Dave and Shelley, it's "Once more into the breach."

"We are 50+, have just gotten over losing high-paid financial security in not one high tech startup, but two in a row, hold a typically too-large mortgage and have had to convert our health plan to Cobra - yet again. We have three kids in college, are hardly in a position to sit back and do nothing. So I guess we're pretty typical Americans; and Contra Costans, eh?

Yes, Dave and Shelley, you are.

Thanks for sharing your experiences with EastBayDaze and, of course, best of luck to you both.


EastBayDaze Note: If you are re-jiggering the resume and starting a new endeavor in the face of financial hard times, let us know. We'll be profiling interesting cases in the future.

Remember, we're all in this together!

EastBayDaze

Orindans Grab Hoses And Buckets, Highway 24 Fire Burns Three Acres

A small but relatively fast-moving grass fire caught the attention of commuters on westbound Highway 24 at St. Stephens Drive and burned for nearly an hour - consuming about three acres of grassland - before it was brought under control.

The fire flared briefly, police say, as homeowners scrambled to hose down their property, with the "leading edge" of the evening commute stalled briefly as people slowed to observe the smoke.

No homes were damaged, no one has been reported injured.

And we're glad of that, as always.

Joe Loudon Died Of Asphyxia, Had Ingested Medication At The Time of His Death, Coroner Reports

A coroner's report released today indicates that Joseph Loudon died of asphyxia after drinking at a neighbor's houseparty the night of May 23 - a condition brought on by the mix of alcohol with an opiate used to ease spasms and other conditions.

Officials say Joseph passed out and apparently vomited, choking to death while lying in the hallway of a neighbor's home.

Orinda police said the 16-year-old Miramonte High School sophomore's blood-alcohol level was not indicative of a night of heavy binge drinking, but that the mix of the drug papaverine - an opiate derivative - with alcohol likely triggered the deadly series of reactions that rendered him unconscious and then unable to breathe.

Investigators said Joseph did not have a prescription for the drug and it was not clear how he had obtained it.

Orinda Police Chief Willliam French told reporters Loudon's death was the first time the department had come across the drug and that he was unaware of any recreational use of papaverine, a belief echoed by other law enforcement personnel contacted by EastBayDaze.

At least one officer suggested that the drug may have been obtained earlier, at the party house or another location.

Loudon's blood-alcohol level was 0.03 percent, coroner's records show, well below the 0.08 percent level that constitutes drunken driving.

French said some people at the party had been drinking hard liquor, and that attendees had failed to call police immediately when Loudon fell ill because they were afraid they would get in trouble.

"He needed immediate medical care," French said. "There was a delay, and it resulted in his death."

Joseph was found lying in the hallway of neighbor Patrick Gabrielli's Hillcrest Drive home around 11 p.m. after a frantic call from the house summoned police and paramedics. EastBayDaze has reported that police had actually been at the home an hour earlier in response to a noise complaint, saw noting amiss and left after talking with a woman believed to be Patrick's sister.

Orinda police subsequently arrested Gabrielli, a 16-year-old who's name has not been released because he is a minor and Robert Martin Scott, 22, of Rohnert Park, for furnishing alcohol to a minor and, in Scott's case, making fake IDs used by local youths and an unnamed person to purchase the keg for the party that night.

Orinda "Homicide" Appears To Be Accidental Death

Rumors circulating in Orinda's Sleepy Hollow and Orinda Downs neighborhoods detail the apparent murder of a high-profile local attorney at the hands of his estranged wife/law firm partner - but police indicate the death was accidental and no foul play was involved.

Details remain sketchy as the case is still under review, but for now the official word is "Accidental Death."

Morning Commute Starts Off With A Bang In The Bore - For The Second Day In A Row

If you were caught in it you know full well that there was yet another pileup in the eastbound bore of the Caldecott Tunnel this morning and that, yet again, traffic was obstructed, blood pressure readings went up, and people were late to work or appointments.

Minor injuries involved and lots of talk about the new "Fourth Bore" transportation officials say will begin construciton next month. The hope is that as traffic patterns shift and eastbound traffic into Lamorinda increases, the new tube will allow for speedier access and a smoother traffic flow.

EastBayDaze, cynics that we are, happens to think that if we allow for faster access and egress into and out of Lamorinda, we'll just have more high-speed accidents! But that's just us.

Vandals, Thieves Targeting Cars On Brookwood Road - Neighbors Report

Neighbors living along Orinda's Brookwood Road report a pesky and unnervingly steady string of car burglaries in their area, apparently occurring with more frequency on weekend nights.

They say police have been notified and people believed responsible identified and those names have been turned over to the authorities.

No arrests so far, but stay tuned. And if you have to park on the street, make sure your valuables are out of the car, that you park under a strong light or, even better, take the target off the street entirely and park in a garage if one is available.

We Don't Have To Tell You, It's Darn Hot Out

Okay, Lamorinda, be kind to each other, your pets, workmen, and the elderly today and for the next few days.

It's hot, in case you haven't noticed. Don't go locking Grandma or "Rex" in the car while you go shopping, bring some water out for your gardeners and let's just chill out together.

EastBayDaze.com

Neighbors Say Help Was "On The Doorstep" Of Gabrielli Residence BEFORE Joe Loudon Was Found Unconscious - Police Sent Away

Orinda Police visited the Hillcrest Drive home where a Miramonte High School student rugby player was "hosting" a raucous party at least an hour before partygoers called to report 16-year-old Joseph Loudon was inside, passed out and unresponsive, after an evening of heavy drinking the night of May 23, police confirmed Tuesday.

Police Chief William French confirmed neighbor's accounts that police visited the home of Patrick Gabrielli around 10:30 p.m. and spoke with a girl believed to be his sister. Gabrielli and his sister were believed to be hosting the party that night while their parents were away.

"Yes, we did respond to the residence twice that evening. The first time was a noise complaint and we made contact at the front door with the host, advised her that we received a noise complaint and we left," French says. "Nothing unusual was seen or heard and no minors were observed consuming alcohol."

Neighbors point out that "help was virtually on the doorstep" of the home an hour before someone at the residence dialed 911 to report that a young partygoer was unconscious and unresponsive inside. Neighbors who have contacted EastBayDaze say they were angry and alarmed by the state of several young people seen leaving the home, that they called the police prior to the time Joseph was found demanding that the party be shut down and that several underage youths were still outside the residence when police arrived.

Neighbors suggested that if police had entered the home when they first arrived an officer might have spotted Loudon, recognized that he was in distress, and been able to summon medical help - perhaps saving his life. But police say they were unable to enter the home without cause and, as the party had quieted, there was no reason to request entry.

Other neighbors who have contacted EastBayDaze say the "host" or "hosts" of the party that evening could easily have contacted the parents of the boy in trouble (the two families were neighbors) and also gotten help earlier.

It is not known why this was not done.

Edwin Ramos, Poster Boy For Immigration Reform, Pleads "Not Guilty" To Wiping Out Bologna Family in SF

It wasn't him, the MS-13 head tattoo etched into his scalp means nothing and the guy who did the actual shooting is long gone, Edwin Ramos asked us all to believe today.

The El Salvadoran gang member accused in the 2008 killings of a San Francisco man and two of his sons in a case of mistaken identity and "hard looks" pleaded not guilty to murder Monday in San Francisco Superior Court.

Ramos, 22, an illegal alien living in El Sobrante with a history of gang-related violence hanging over him, said "not guilty" four times in response to a judge's accusations that was the man who fired several times into a car Ramos and another gang member thought belonged to rivals - but which actually carried an Excelsior District man and his three sons.

Tony Bologna, 48, and his sons Michael, 20, and Matthew, 16, died in the fusillade on June 22, 2008. Another son survived and has identified Ramos as the gunman.

Ramos told investigators he was driving the car used in the shooting but that he did not fire the fatal rounds. Another MS-13 "shot caller" - or leader - was the triggerman, but has since gone undergound and is believed to have fled the country.

Citizens Take "Do It Yourself" Approach To Orinda Crash

News of state budget woes and furloughs for state workers has dominated the airwaves of late, but it seems at least one group of dedicated residents isn't going to wait around for state road crews to come around and clean up the highways.

CHP spokespeople said several motorists got out of their cars this morning to push a car damaged in a wreck on the Orinda side of the Caldecott out of their way.

"Usually, everyone is just sort of sitting there, waiting for us," one CHP officer said. "But these people didn't wait and cleared the road before we got there."

The wreck occurred at 7:32 a.m. and brought traffic to a halt after a Toyota Scion overturned and stalled a large vehicle transport travelling behind it. After about ten minutes, people got out of their cars to push the Scion out of one lane it was blocking to allow traffic to pass.

"No injuries, and some people got a workout in before work," an officer said, reiterating that the CHP does not advise motorists to leave their cars due to safety issues.

But it worked this morning, and it beats waiting for the wrecker and the guys with the sand.

Joseph Loudon Case Winding Down, Investigators Say

EastBayDaze has learned that Orinda police investigators are close to finalizing their inquiries into the death of 16-year-old Joseph Loudon, believed to have died after a night of heavy drinking at an Orinda home May 23.

Police sources say they are awaiting the results of toxicological studies initiated the night Joseph died before taking their case to the county District Attorney. Those results are expected "any day now," according to police.

As many as 80 teen and college age kids - several of them members of Joseph's rugby club - partied on in the house of Patrick Gabrielli, an 18-year-old neighbor and teammate, as Joseph lay unconscious that evening. Gabrielli's parents were away at the time.

"The kids thought he (Joe) was 'playing around,'" said the father of one of the partiers in attendance. "I guess several of them actually stepped around him as he lay there, thinking he was kidding. All of the kids were awfully upset by what happened."

Police and fire personnel were eventually summoned that night, arriving around midnight as partiers filtered out of the home and made their way to their cars. Joseph's iPhone, known to have been on him shortly before he was found, was missing when police arrived. At least one first responder has talked of the emotional toll discovering Joseph that night has taken.

"By all accounts he was a good kid, well liked and respected," one emergency crew member told EastBayDaze. "It was difficult for all of us to see him like that."

Loudon was taken to a Walnut Creek hospital, where he was declared dead.

Patrick Gabrielli was subsequently arrested by Orinda police for providing alcohol to a minor. A second person, a 16-year-old juvenile, was also arrested and similarly charged. His name was not released because he's a minor.

In the days and then weeks following Loudon's death his mother issued an impassioned message to classmates and friends, asking them to come forward and shed light on what happened the night of the party. It is believed her letter was the result of Orinda police reports that kids at the party that night were not coming forward to tell what they knew.

Subsequently, a Santa Rosa man was arrested for allegedly making and selling fake IDs to local youths - sometimes for as much as $300 apiece. Investigators found dozens of composite, "high quality" IDs in the man's apartment and announced that the keg at the party that night had been purchased by someone with a fake ID.

Toxicology reports are expected to pinpoint the alcohol content in Joseph's bloodstream the night of his death, as well as any other factors which may have contributed to his passing.

With that information in hand, police say they will be able to take their case to the district attorney for prosecution.

Mail Order Undies? Used? In Moraga?

We've heard of some pretty unusual business plans as this recession lands upon us, but here's one for the books.

EastBayDaze was talking to its favorite postal clerks the other day and we asked why they were tittering after a woman brought in a tray-load of manila envelopes for mailing, all neatly packaged and labeled.

"What's so funny?" we asked.

"That's the underwear lady."

Okay, mail order undies may be a tad unusual, but what the heck - gotta pay the bills.

"Used underwear..."

That got our attention. "What?"

"She and her husband sell ladies underwear to certain customers - her underwear. Used underwear..."

"And that's a business?" we asked. "They make money?"

Our postal friends gestured at the pile of envelopes in the mailing tray.

"Apparently."

And there you have it. The key to success in an economic downturn...

Alexa Can't Walk And Text At The Same Time... Falls Down Manhole

At the risk of being branded a neo-Luddite we present another tale of how our fetish for gadgets is slowly eroding our collective common sense.

Young Alexa Longueira, 15, of Staten Island was the latest victim - proving that young girls cannot walk, text and possibly chew gum at the same time.

Alexa was, like, deep into her texting to Buffy or Britney the other day when she pulled a "Buster Keaton" and fell into an uncovered sewer drain. Plop. Unfortunately for us, no one was around to record the moment on their cell phone camera, though we would have given anything to have seen it.

Now, if you're like us you might say: "Lesson learned girlfriend, get your nose out of the qwerty-board and look where you're going."

But this is, like, 2009 and our heroine - and her parents - are looking for someone to sue.

"It was four or five feet, it was very painful. I kind of crawled out and the DEP guys came running and helped me," Longueria told the Staten Island Advance.. "They were just, like, 'I'm sorry! I'm sorry!"

Officials said their workers had turned away briefly to grab some cones when Alexa came bopping along.

"We regret that this happened and wish the young woman a speedy recovery," DEP spokeswoman Mercedes Padilla said in a statement. She added that crews were flushing a high-pressure sewer line at the time.

The girl was checked out at Staten Island University Hospital and released.

But the person who made Alexa and unleashed her on an unsuspecting world, Kim Longueira, said it doesn't matter that her daughter was walking and texting, and besides, the "gross" factor simply can't, like, be ignored.

"Oh my God, it was putrid," Kim fumed. "One of her sneakers is still down there!"

Like, OMG!!!

Marijuana Dispensary In Orinda? Someone Thinks So...

You may have read our brief story about the Orinda Town Council and their decision to impose a moratorium on any Medical Marijuana Dispensaries which may want to set up shop in O-Town.

Turns out it was for a reason, as our source in the Planning Department says a "serious" inquiry was made recently by parties interested in starting such an endeavor.

Well, we never - but remember the 70s when there were grows above the village and cocaine was being cut openly on the bar at Casa Orinda?

In any case word filtered upwards, of course, and the town took what it saw as reasonable precautions against such an enterprise - which have been plagued by things like armed raids by both federal agents and gangbangers in the past, along with some associated crime and other issues.

And since the kids in town appear to have figured out how to score copious amounts of beer and booze, the city fathers have a reasonable concern about the availability of the Happy Herb in our midst.

We'll be watching to see if a formal permit application is filed anytime soon.

"Fast and Furious Syndrome" Takes The Life Of Third Generation Sheriff's Deputy In Hercules

If you're under 30 chances are you've seen the movie "Fast and Furious" and endless spinoffs of buff heroes and heroines putting nitrous-powered cars through incredible stunts.

In the movies, any high-speed missteps are characteristically left "offscreen" as "Ramone" or "Chooey" or whoever crash and burn in heroic splendor and everyone pours a "40" for them afterward. What they don't show you is what really happens when your Camaro leaves the road at high speed and wraps intself around a utility pole at 85mph.

That is what appears to have happened to Christopher G. Walker, 23, of Antioch, who died when his GM-made Chevrolet Camaro slammed into a pole near Palm and Sycamore avenues north of Hercules about 2:30 p.m. Wednesday. Witnesses told police Christopher was racing a late-model silver BMW prior to the crash. The driver of that car has come forward, police say, and confirms witness accounts. His identity was not given and he has not been arrested.

But Christopher, as it turns out, was a third-generation San Francisco county sheriff's deputy, assigned to the hospital detail at San Francisco General. His death becomes the latest in a string of apparent transgressions by law enforcement people we would hope would know better (falling asleep at the wheel of your cruiser, mistaking a service pistol for a Tazer, etc.)

Now, to err is human. And God knows we're all good at it. But we do issue implements of lethal force and badges to people we entrust with our protection and - fairly or not - we do hold them to a higher standard.

Street racing in a high-powered car may be expected of the gullible "Fast and Furious" crowd, but we'd hoped for better from a Sheriff's Deputy - who is supposed to be busting civilians he catches doing it as part of his job responsibilities.

Our condolences to his family, of course, but this should never have happened.

CHP Called To Multi-Car Crash On Westbound 24 In Lafayette

EastBayDaze spotted a multi-car accident on Westbound I-24 just past the 680 split this morning and the CHP is on the scene.

Both the westbound and southbound lanes were affected as people slowed to gawk or render assistance. At least three vehicles appear to be involved. No injuries.

Traffic appears to be flowing normally again in both direcitons. Further details will be reported as they come in. We have a call in to the local CHP office as we speak.

Drive safely out there, guys, this is happening much too frequently.

EastBayDaze Is In Need of A "60's Moment:" So, Hang On, Sloopy..."

Don't know why we were thinking about this song the other day but we ended up harmonizing the back end while gardening and trying to remember all the words.

Some of the tightest sweaters in 60's history, some of the best "frugging" and some of the worst dancing - all in one video.

Still, a catchy tune that brought back a lot of memories.

Enjoy a "60's Flashback," courtesy of EastBayDaze and "The McCoys."

Benicia Talking About Loud Motorcycles, Facts Emerge - Not All Of Them Promising

EastBayDaze was interested in the first of what promises to be many "conversations" between civic leaders, motorcycle enthusiasts, and a put-upon citizenry in Benicia tired of what we're tired of - being annoyed by straight-piped bikers and boomers.

We made the short trip up to Benicia to hear what people had to say and see if we're any different than anyone else. We have been told, after all, that we're "the only ones complaining."

Uh, don't let anyone tell you that. There appear to be hundreds if not hundreds of thousands of us angry over the lack of consideration exhibited by a few. That much was clear from today's hearing. But what is not clear is why no one is doing anything about it.

And what soon became clear is that the police department are not prepared to act, your town most likely is not prepared to act, and that a conflict is brewing which could easily be avoided with a little enforcement.

Because apparently it is already against the law to make the kind of noise Benicia (and Lamorindans) are hearing on a regular basis. Your car shouldn't be emitting noise beyond 50 feet (Uh-huh) and motorcycles should not be equipped with after-market "straight pipes" which bikers maintain are designed so people can hear them coming but which the honest few admit are merely there to make noise. Lots of noise.

Citizens said there are times in there town when it sounds like "rolling thunder" in Benicia, especially on weekends.

"We know it is a beautiful day ... because before our alarm goes off we are jarred by the sound of motorcycles" rolling past our home, resident Robin Stanton told the council members. "Sometimes it shakes the house."

Boy, does that sound familiar.

One resident, who gave his name as "Tony," said the "Loud pipes save lives" mantra now trotted out by bikers whenever this topic comes up, is "BS."

"It is not okay to annoy everyone just to be a little safer," Tony said.

Professional bikers and some motorcycle associations agree that have a louder bike does absolutely nothing to keep its rider safer on the road. What riders are fighting to protect, they say, is the image of the "rough, tough" biker thundering into town.

Surely, with all the complaints police report getting from people like Tony, and Robin, and us all day long would lead to some sort of enforcement, we hoped.

But Police Chief Sandra Spagnoli said that the state's law is vaguely written and lacks specific direction on how to measure noise. Noise citations that officers hand out could therefore be overturned in court, Spagnoli said.

About two noise citations a month are issued, police said. Two. A month.

We checked the law and find that it is pretty clearly written. If your car is making noise beyond 50 feet of your car door it's a cite. Period. If your bike is carrying after-market pipes it's a cite. Period.

Two cites - a month? That many offenders go past our house every five minutes.

A representative of the American Motorcycle Association, Wayne Phillips of Orinda, said that his group supports making motorcycles cleaner and quieter. But Phillips said that the proposed state law would create an "uneven playing field" because it would require muffler checks for motorcycles but not for cars.

"We're against any legislation banning after-market pipes because it should go after (engine) performance, not mufflers," Phillips said.

Patterson suggested that the Benicia Police Department could crack down on excessively loud bikes by enforcing noise laws. The noise limit for most motorcycles in California is 80 decibels. We agree, as sound tests have shown that most bikes come in at about 120 decibels.

So, what have we got? A special interest group who feels it is being unfairly persecuted. A police department that is confused about the laws it is sworn to enforce. And a town that heard its citizens tell it they long for quieter times - but that they're not willing to make it happen.

Sounds like we're headed for disaster, frankly, and we're optimists at heart. Are you?

What Lies Beneath Us, Lamorindans? Be Careful What You Pave Over...

My grandfather, a gold miner, posse-man, mountain man and incurable curmudgeon, once told me: "Watch the ground, boy, and then listen to what's underneath it."

Never got any of that, of course, until years later when I discovered an innate affinity for California history and the land we've built our futures on. While all the other kids were skipping ahead, tumbling and rolling like puppies at play, I was always toeing at likely looking rocks and poking my nose or a stick into dark holes with secrets - imagined or not.

Perhaps that's why I took a WWII-era mine detector with me during a sweeping but unproductive hunt for relics in Moraga back in the 60s - coming back with a bad case of poison oak and some pocket change I'd managed to scratch out of the earth. I was working the old rail line along what is now St. Mary's road, the one my uncles used to take to get to the college and flight school during the war.

What treasures must lie along those long-gone rails, I'd wondered, all the money falling from all those tattered pockets. Gold coins, and pocketwatches - and more gold coins.

Didn't find a thing, but my interest in what is below us remains strong to this day, and my reason for this was borne out yet again recently by the discovery of skeletal remains, probably of a native person, found recently during excavation of a school gym down in Danville.

Wow. Who is he? What had he seen in his life? How had that life ended? The old feelings, of wanting to search and dig and hunt for the past came back almost as strongly as they had been in the 60s, and that old metal detector would have done just fine right then had it not worn out and given up the ghost long ago.

I remember a trip I took back east one year, eager to walk the ground our forefathers had marched across during the Civil War, coming one day to the marker where Stonewall Jackson had encountered his own pickets and paid the price as they opened fire on the general and his aides.

There was a nice marker, arguably in the spot where Jackson fell wounded, and about ten feet away from the spot a four lane highway - cars rushing past so fast the sound blurred until it was almost constant.

I toed at a couple of rocks, kicked at the dirt, and again wondered what stories lay buried underneath before I had to turn and walk away - leaving the hunt to the next generation of historians and wondering if there would be anything left for them to find.

Good Discussion On Underage Drinking: Involving Kids, Their Parents, Teachers, Police

The topic of underage drinking has spurred a lot of commentary and rancor on these pages in recent months, for obvious reasons.

We won't get into the recent events that have made these excesses by local youth such a bitter pill to swallow, but we saw this in the New York Times and thought we would make it available to you.

Check out the link and see what people are saying about the subject.

Lafayette Ponders Benefits of Farmer's Market: Some Local Businesses - And Residents - Not So Sure

On the face of it the idea of a Farmer's Market in Lafayette sounds like a super idea. Supporters are proposing a trial run with markets held from 4p.m. to 8 p.m. on five nights in August and September.

The proposed site would be Lafayette Plaza, the (relatively) small patch of parking and grass in front of Squirrel's restaurant and the Maquis du Lafayette hisself. A small section of Golden Gate Way would also be blocked off, if backers get their way.

The Lafayette Town Council is scheduled to hear additional arguments for or against the plan during its July 13th meeting, but already concerns about impacts on local traffic patterns, the fast pace of traffic itself in the area as well as the impact on parking and other businesses in the area are starting to surface.

We'll see if things get ironed out beforehand. In the meantime, where do you stand?

Confirmation Of Something We Already Know: We Waste a LOT of Time Sitting In Traffic!

Furlough Fridays may have stretched into "Tardy Thursdays" and "We're Not Coming In" Wednesdays," but our roadways are still usually jammed to the gills with frustrated, hot-under-the-collar drivers looking for relief.

Actually, the authors of a recent traffic survey of the nation's worst traffic bottlenecks say, things are a lot better now than they will be.

"Unless the economy is in the dump for a decade, congestion is going to come back to the same levels, or even greater than before," Tim Lomax, co-author of the Texas Transportation Institute report released Tuesday, told the Associated Press.

Lomax said congestion decreased nationwide last year, and probably will continue to do so until the economy rebounds - as it did during the rebound from the dot-com bust.

Even though "Furlough Fridays" have stretched into whole weeks and job loss has taken more Bay Area motorists off the roads, the average Bay Area driver still wastes more than 50 hours a year stuck in traffic.

Both San Francisco-Oakland and San Jose made the Top 10 list of bottle necked roadways in the United States. San Francisco-Oakland landed in the fifth spot for annual hours of delay and San Jose was one notch below.

Los Angeles, as you might expect, came in at No. 1.

Nationally, the average time lost on the Sargasso Sea of our Highways was 51 hours. Collectively, drivers in the United States spent an extra 4.2 billion hours on the road because of congestion. The cost, based on lost productivity and wasted fuel, was $87.2 billion, the study found.

A report released earlier this year by the regional Metropolitan Transportation Commission and Caltrans provided a more up-to-date glimpse into the state of Bay Area traffic.

Using data from 2008, it found a 12 percent year-to-year decline in congestion, again attributed to the decline in the economy. Still, Bay Area motorists collectively spent 142,400 nail-biting hours in snail's pace traffic last year.

Bay Area officials hope that recent traffic-relief measures will reduce mounting congestion. Among the initiatives: more ramp metering lights in the East Bay and South Bay, new carpool lanes on Highway 101 through San Rafael and the opening of the redesigned Benicia-Martinez Bridge.

Other congestion-relief plans are in the works to make carpool lanes available to pay-as-you-go solo drivers and to outfit the gridlocked stretch of Interstate 80 from Hercules to the Bay Bridge with technology - roadway sensors, surveillance cameras and electronic signs - to better control the flow of traffic.

"You get a few of these fixes in place and you're going to help a whole lot of people," said Randy Rentschler, director of public affairs for the regional Metropolitan Transportation Commission.

We'll see.

Orinda Invokes 45-Day Moratorium On Medical Marijuana Dispensaries

Orindans will be safe from the perils presented by any medical marijuana dispensary that decides to set up shop within city limits - for 45 days, at least.

The town council is expected to approve a resolution invoking a ban on such establishments, or MMD's, tonight at its regular meeting. If approved, no permits for an MMD hoping to peddle the Wacky Weed would be issued during the 45 day ban.

State and federal law are conflicted when it comes to enforcement of sales from dispensaries, although the Obama administration has signalled that raids on outlets would cease in the face of more pressing enforcement needs - like mega-cartels importing harder drugs into the country by the truckload.

It is not known if an individual or organization signalled its interest in starting a dispensary - thus prompting Orinda's reaction - or if the town is merely buying time to come up with regulations of its own regarding the presence of such a shop, currently allowed under California law.

An initial staff report cites concerns over associated crime (burglaries of premises, robberies of patrons, loitering, odors, etc.) which have befallen some dispensaries in the past. The council meets tonight at 7 p.m. at the library, 26 Orinda Way.

EastBayDaze will say that if a dispensary is coming to Orinda, we hope they locate it somewhere sensible - like next door to an Otis Spunkmeyer outlet.