Monthly Archives: August 2017

California Commission on Judicial Performance Court Date.

By Michael G. Stogner

San Francisco, California August 17, 2017 Hon. Judge Susan Bolanos heard arguments on the Commission’s Confidential determination of its data. This agency has Never been audited in nearly 57 years,

The Law Firm Wagstaffe & Kerr LLP represented the public funded agency Commission on Judicial Performance. They are claiming the agency has the authority to determine  the information the State of California Auditor is requesting is Confidential and the State of California has no right to see it.

Think about it, this agency was formed to assure the public that nobody is above the law, including Judges

San Mateo County residents will recognize the Wagstaffe brothers involvement in protecting “Those Who Matter.” SMC Chief Deputy District attorney Steve Wagstaffe authored the “Those Who Matter.” e-mail the very first day the public became aware of our top two Law Enforcement Officers the Sheriff and UnderSheriff Carlos G. Bolanos were caught and detained as CUSTOMERS of Human Trafficked Sex Slaves at 3474 Eldon Street, Las Vegas Nevada, April 21, 2007 in an FBI Sting called Operation Dollhouse.

Here is the e-mail our DDA Steve Wagstaffe sent to Carlos G. Bolanos the very first day anybody even heard about them being detained inside a residential home, with sex slaves in it. He blames the media.

e-mail sent 4/25/07 10:20 AM

Greg and Carlos

Just a quick word of support from me as you go through a difficult time. To those who matter, your decades of outstanding work in law enforcement are all that count and your integrity is not the slightest marked by the modern media’s efforts to make a story out of a non-story. Hard as it is to think it now, remember it will be yesterday’s news and irrelevant by tomorrow.

My positive thoughts are out there for both of you.


The Commission on Judicial Performance, the first judicial disciplinary body of its kind, was established by legislative constitutional amendment approved by voters in 1960 as an independent state agency. The commission’s mandate has always been threefold: to protect the public, enforce rigorous standards of judicial conduct and maintain public confidence in the integrity and independence of the judicial system.

26 Questions for Audit

Leave a comment

Filed under Board of Supervisors, California Bar Association, Carlos G. Bolanos, Carole Groom, Dave Canepa, Dave Pine, David Silberman, Don Horsley, John Beiers, John Maltbie, Prosecutorial Misconduct, San Mateo County Manager, San Mateo County News, Steve Wagstaffe, Victim's Advocate, Warren Slocum

Obituary, Richard W. Moss

Richard William Moss October 11, 1994 – May 25,2017

Richard William Moss, 22, died at about 7:15 a.m., Thursday, May 25, 2017, from injuries sustained in a one vehicle accident on California Highway 1 at Montara State Beach.

This is being written by his loving Dad, Dan Moss

Wow. I never in a million years thought I’d be writing my son’s obituary. Richard was the baby of the family and one of the sweetest people you would ever have known. His loss is such an unnecessary tragedy. He was driving to his work in Moss Beach, CA that fateful Thursday morning after picking up some breakfast at the McDonald’s at Linda Mar in Pacifica, CA. He was driving south on Highway 1 on a stretch of road called Devil’s Slide.

At first, we didn’t know he had crashed and died. My wife, Kathleen and I weren’t notified that he was missing until 6 days after he went missing. We organized searches which brought out the most wonderful people in the world to help find him. The number involved eventually reached into the thousands. On July 13th, we found the wheel to his car on the boulders at the surface of the water on Montara Beach at low tide. The tire on that wheel had the same DOT number as the receipt from the purchase that Richard made for the tire about a year ago.

It appears his car went over a cliff into the ocean over 100 feet below. We’ll never actually know what happened because there are no video cameras in this section of the highway and no witnesses have stepped forward. A simple thing like a guard rail or temporary barrier would have saved his life. As of this writing, we still have not found Richard or his vehicle. We do have proof that he has passed. The evidence includes one of the wheels from his car, part of his front bumper and his AAA Card.

In addition to Richard, a young girl, 20 years old at the time, by the name of Rose also died in the exact same spot in September of last year. In June of last year, another young girl crashed down 150 feet on the mountain side of the same highway, not far from Richard’s death site. She lived, even though the car was crushed, because, as her mother explains, she’s only 5 feet tall. If she was any taller, the crushing car would have broken her vertebrae, ending her life as well. For some reason, CalTrans doesn’t seem to care about these 3 young people even though they claim that traffic safety is their number one concern. I wonder what they would be doing if it was their child that had died or been permanently scarred from a crash at this part of the highway because of no guard rails or temporary barriers.

Richard Moss was born October 11, 1994, in San Mateo, California. He lived in Montara, CA from birth to age 15. He lived in Hawaii from age 15 and graduated from Waialua High School in 2013. In the summer of 2013, Richard moved back to Montara, CA to pursue a career as an electrician.

From birth, Richard was a wonderful human being. Even though he was the baby of the family, we considered him to be an old soul. He was very comfortable in this world and happy to be around others. He was someone that everyone wanted to be around. He had no enemies and not a mean bone in his body. He had many qualities such as he was a trier. He would try different foods and then settle on his favorites like Orange Chicken from Panda Express, Katsu Chicken from L&L Hawaiian or Musubi from the Paalaa Kai Corner Store. He was saddened when the Grass Skirt Grill closed in Haleiwa, HI. He loved their teriyaki cheese fries. In addition to food, he tried different sports growing up and settled on Skateboarding and Roller Hockey. He loved to watch Football and Ice Hockey. Richard and I enjoyed a Raiders Game in September, 2016.

Richard William Moss October 11, 1994 – May 25,2017

Richard had a natural intelligence that in a sweet way led him to do things in an efficient, logical way. In other words, he would think things through so as not have to double back or do things over. This also led him to have no interest in school from the first grade on. It was all Kathleen and I could do to help him graduate from High School and we did it. It was a struggle for us, but as all things with Richard, a nice struggle. No yelling and screaming that normally accompany a parent teenager disagreement. He had such an easy gentle way about him. He would have us do things for him (usually revolving around food) without any fuss. He’d say come on Pops, let’s have Panda Express and even though I didn’t want to, we’d have Panda Express. Even as he was getting older, Richard would come up to me if I was sitting on the couch, on the computer or watching TV and lay his head on my shoulder. I miss that. A lot.

From a young age Richard was always friendly and never confrontational. That’s not to say that he would let his brothers beat on him. He stood up for himself. Richard discovered early on that asking for forgiveness was much better than asking for permission. In some cases, not even letting us know what he was doing. I’ll never forget talking story with one of my friends in Haleiwa, HI. She was proudly showing me a video of her teenage son free diving in caves, actually lava tubes, in an area called Sharks Cove on the North Shore of Oahu. When I was looking closer I noticed that her son’s friend freediving with him looked familiar. It was Richard! What? I couldn’t believe it, but I should have. He loved the adventure and knew that if he had asked me for permission, the answer was more likely to be no than anything or there would be some other restrictions.

He moved to Hawaii to be with me, his dad. That was his sophomore year in High School. After about a week of paperwork he finally started school. I warned him that at the new school, he’s the Hauli from the mainland and he may be eating lunch alone for a week or so. Richard came home from his first day of school and proudly reported that not only did he not eat lunch alone, he had lunch with many new friends, most have now been friends for life. As a testament to his character, all his friends from preschool, grammar school, high school, sports, skateboarding and work are still his friends today. There are countless examples of Richard making friends and just knowing how to make others feel comfortable around him. He was at ease hanging out with adults, friends his own age, children and seniors. It didn’t matter to Richard.

He loved becoming an electrician. Richard’s boss became one of Richard’s good friends and one of his coworkers was his one of his best friends. Richard would typically eat dinner at his boss’ house after a long day at work. Last September Richard and I went to a Raiders game with his coworkers. It was so cool, knowing that Richard was happy in his career and loved his coworkers and we all love the Raiders.

Survivors are many. His Father Dan Moss, Mother Julie Elden, Step-Mother Kathleen Penfold and Hanai Dad Dave Gibbs. Siblings, Tom Spurgeon, Erin & Erik Wurster, William Moss and Nick Moss, Hanai sister & brother Nicole & Brit Espinoza. Other survivors are his Grandmothers, Mildred Grigsby & Gwen Penfold, Grandfather & Grandmother, John & Joan Elden. Uncles and Aunties include Stephen & Laurie Moss, Kevin & Marlene Moss, Beth & Dale Ford, Debbie & Rich Fisher, Lindy Penfold & Joe Norton, Leslie & Terry Lambert, Greg & Cricket Elden and Diana Baca.

Richard William Moss October 11, 1994 – May 25,2017

There are many more survivors. I’m going to list as many as possible. Nieces and nephew, Kaitlyn Wurster, Alexa Wurster, Taylor Wurster & Gavin Wurster. Cousins: Anathea Fitzgerald, Carolina Fitzgerald, Ephraim Fitzgerald, Morgan Fitzgerald, Nabie Haden Espinosa, Elisabeth & Cameron Diegle, Giavanna Diegle, Francesca Diegle, Brigham Diegle, Diana & Samuel Spears, Boston Spears, Bennett Spears, David Moss, Ellen Ford, Emma Ford, Olivia Ford, Brett & Jessi Belvel, Michael Belvel, Megan & Brian Callaghan, Travis & Alexia Fisher, Reed Fisher, Deanna & Sean Fratellone, Amelia Fisher, Carly Fisher, Andrew Fisher, Charley Elden, Keith Elden, Storm Baca and Tricia Elden. As well as many many friends on the Coast in California where he lived recently and in Hawaii. Some of those friends include Kulia Schmidt, Braden Holden, Sunny Berlin, Trevor Cuzick, Eric Brovarney, Devlan Rocha, Stirling Goulet, Willie McCord, Josh Richards, Greg Felde, Jose Cruz, Sylvestre Cruz and many, many more.

In addition, Richard’s extended Ohana (Family in Hawaiian), numbers in the thousands now because the search for him brought us all together.

We wish to thank all of you that have helped in any way to find Richard, when we were unsure of his whereabouts and now that we have focused the search in the ocean. You’ve contributed your time, financially, shared your miles, loaned equipment, vessels, some of you have been injured on the searches and in many other ways. We are overwhelmed by the number of good, solid people that there are in the world and we count ourselves as blessed. We sincerely appreciate everything and we’re glad to count you in as our Ohana.

We will have 2 Memorials/Celebrations of Life. One on August 27th from 12-5 at Long Branch in Half Moon Bay, CA. The other will be at Alii Beach Park in Haleiwa Hawaii on September 10th from 12-5.

In Lieu of Flowers, a donation can be made in Richard’s name to: The Tony Hawk Foundation God bless you all and God bless Richard
Below are some memories of Richard from his loved ones:

Leave a comment

Filed under Board of Supervisors, Carole Groom, Dave Canepa, Dave Pine, Don Horsley, San Mateo County News, SMCSO Deputy Andy Mar, Warren Slocum

San Mateo County District Attorney Steve Wagstaffe is being Investigated by the California State Bar. # 16-0-12532


D.A. Stephen M. Wagstaffe

This is why I say make the complaints public, never file just a complaint with the Bar Association. It is a Business Association and it protects its members, not the public.

May 25, 2018 California State Bar Secret Discipline Ruling

By Michael G. Stogner & Sarah Navratil

1 Comment

Filed under #Blacklivesmatter, #MeToo, #SanMateo, #SanMateoCountyNews, Board of Supervisors, California Bar Association, California State Bar, Carole Groom, Dave Canepa, Dave Pine, David Silberman, DDA Ben Blumenthal, DDA Bryan Abanto, DDA Melissa McKowan, Don Horsley, Hon Stephanie Garratt, Hon. Judge George Miriam, Hon. Judge Gerald Bushwald, Hon. Judge Mark Forcum, Hon. Judge Robert Foiles, Hon. Judge Stephanie Garratt, John Beiers, John Maltbie, Jordan Boyd, Karen Guidotti, Michael G. Stogner, Michelle Durand, Organized Crime, Plan Bay Area, Prosecutorial Misconduct, RICO, San Mateo County District Attorney Office, San Mateo County Manager, San Mateo County News, San Mateo County Superior Court, San Mateo County Supervisors, Secret/Hidden Search Warrants, Steve Wagstaffe, Tax Payer's Advocate, Those Who Matter, Victim's Advocate, Warren Slocum

SMC DDA Melissa KcKowan gets Public Reproval with/duties effective August 31, 2017

The Sate Bar case number 13-0-13293 has issued a public reproval with/duties. She was charged with 2 counts of dishonesty. Think about it San Mateo County has a prosecutor who is dishonest. Now think about this her two bosses Steve Wagstaffe and Karen Guidotti have known that for several years. What does that say about the entire District Attorney’s Office. What does it say about the 7 businesses that look and act like Newspapers, all 7 refused to notify the 780,000 residents of the charges and the first trial date of April 17, 2017. 2 papers refused to allow me to blog about it.

San Mateo Daily Journal

State Bar


Filed under Board of Supervisors, California Bar Association, Carole Groom, Dave Canepa, Dave Pine, DDA Melissa McKowan, Don Horsley, John Beiers, John Maltbie, Prosecutorial Misconduct, San Mateo County Clerk to Supervisors, San Mateo County Manager, San Mateo County News, San Mateo County Superior Court, Steve Wagstaffe, Those Who Matter, Victim's Advocate, Warren Slocum

Letter to the Editor

Sabrina Brennan

Tuesday, August 8, 2017


California is shrinking

It’s time to accept that coastal California is shrinking. A new study from the Union of Concerned Scientists predicts chronic Bay Area flooding from rising seas as early as 2060. “Cities around the San Francisco Bay will begin to experience more frequent and disruptive flooding in the coming decades and will have to make tough decisions around whether to defend existing homes and businesses or to retreat,” said Erika Spanger-Siegfried, senior analyst in the Climate and Energy Program at UCS and a report author.

The Pacific Institute calculates that San Mateo County will lose more in property value than any other county in the state. Property damage in the county is estimated to be in the region of $39 billion, with sea level rise projected to affect more than 100,000 residents.

In July, the Mercury News reported that San Mateo and Marin Counties and the City of Imperial Beach filed a lawsuit in Marin County Superior Court. The suit alleges that, “major corporate members of the fossil fuel industry, have known for nearly a half century that unrestricted production and use of their fossil fuel products creates greenhouse gas pollution that warms the planet and changes climate.”

The suit argues that 37 oil, gas and coal companies actively worked to “discredit the growing body of publicly available scientific evidence and persistently create doubt” in “a coordinated, multi-front effort.”

The suit asserts what many of us already accept as fact, that fossil fuel companies “have promoted and profited from a massive increase in the extraction and consumption of oil, coal and natural gas, which has in turn caused an enormous, foreseeable, and avoidable increase in global greenhouse gas pollution.”

Armoring the coast and building levees in the Bay will be an unimaginably expensive public undertaking, and that doesn’t include relocating highways, railways, airports, and other critical infrastructure.

Last month, the Guardian reported that Mayor Serge Dedina said that up to 30% of Imperial Beach could be affected by climate change. “As the lowest-income, highest poverty-rate city in San Diego County, we have no capacity to pay for the extensive adaptation measures.” Within 15 years flooding could affect tens of thousands of Marin County residents and cause upwards of $15.5 billion in property damage. “This lawsuit is intended to shift those costs back where they belong – on the fossil fuel companies,” says Marin County supervisor Kate Sears.

A well-funded army of lawyers is organizing to defend deep-pocketed multinationals that include San Ramon-based Chevron, ExxonMobil, BP, and Shell, while at the same time the Plaintiffs continue to approve new development within sea level rise inundation areas. These new developments will add to the already huge cost of removal and replacement of hospitals, schools, airports, fire stations, police stations, ports, roads, railroad tracks, pump stations, sewage treatment facilities, power plants, utilities, hazardous material sites, and more.

As communities become dependent on costly levee systems to stay dry, and climate projections continue to worsen, we will soon be spending exponentially larger sums of money to protect development now being built in inundation zones. One good example is the 8-mile long levee do-over in Foster City that is now budgeted for $90 million. That levee must be rebuilt three feet higher or residents will be required to buy costly flood insurance.

In addition to suing oil companies our elected representatives have a responsibility to protect the public from the huge financial burden sea level rise will bring to coastal California. They can do this by using their powers to implement policies that limit development in known inundation areas and to prohibit future shoreline armoring in favor or wetland restoration.

Suing the fossil fuel companies is a great start to holding those responsible for the coming disaster to account, but that must only be a beginning. Without common sense and practical pragmatic legislating any legal action becomes nothing more than a show. If they really want to leave a lasting legacy current local legislative bodies must show through use of their powers that they have an understanding that development in inundation zones is literally pouring money down the drain. Anything less is going to be an expensive and complex disaster.

Sabrina Brennan is a resident of Moss Beach

This op-ed does not represent the views of the San Mateo County Harbor Commission

Leave a comment

Filed under Board of Supervisors, Carole Groom, Dave Canepa, Dave Pine, Don Horsley, Letters to Editors, Plan Bay Area, Sabrina Brennan, San Mateo County Clerk to Supervisors, San Mateo County Harbor District, San Mateo County Manager, San Mateo County News, T. Jack Foster, Tax Payer's Advocate, Uncategorized, Warren Slocum

San Mateo County Board of Supervisors give $350,000 of Measure A money to Samtrans to “Educate the Public”

By Michael G. Stogner & Sarah Navratil

Measure A was promoted to assure the public that Critical Services would continue. We are not sure how giving Jim Hartnett $350,000 to pay for outreach to see what is needed to pass a Tax Measure in November 2018 has to do with critical services. One of the speakers in favor of this terrible idea was Jim Hartnett’s wife, Rosanne Foust representing SAMCEDA. If the Supervisors had any interest in honesty or transparency they would have acknowledged that relationship upfront. SAMTRANS is spending a total of $650,000 for the Education Campaign. This is the same organization that had several accountants meet with the District Attorney’s Office to report that they were ordered to commit fraud, They told the DA where to find $2.5M and he did find it exactly where they said it was. The idea that Taxpayer money would be used against Taxpayers to pass another Tax Measure is typical for San Mateo County. The 2012 Grand Jury warned the public it’s leaders were misleading them, it’s now up to them.

SamTrans has hired two consulting firms to help with outreach and creating a technical as well as stakeholder working groups leading up to the November 2018 election. What’s not in this group is the residents of San Mateo County who will be paying for this and who’s Quality of Life is being destroyed.

Jim Hartnett’s wife Rosanne Foust SAMCEDA

Leave a comment

Filed under Board of Supervisors, Caltrain, Carole Groom, Dave Canepa, Dave Pine, Don Horsley, High Speed Rail, John Beiers, John Maltbie, Plan Bay Area, San Mateo County Clerk to Supervisors, San Mateo County Manager, San Mateo County News, Those Who Matter, Victim's Advocate, Warren Slocum

Surf Air to pay $75 per landing at San Carlos Airport.

The Board of Supervisors passed an ordinance this morning effective today charing $75 per landing of commercial flights and also a $10 per night parking fee.

Leave a comment

Filed under Board of Supervisors, Carole Groom, Dave Canepa, Dave Pine, Don Horsley, John Beiers, John Maltbie, San Mateo County Manager, San Mateo County News, Warren Slocum

SMCHD Commissioner Sabrina Brennan not allowed to speak as a Private Citizen. Here is the real reason.

Sabrina Brennan has done it again, she has demonstrated that she looks out for the close to 800,000 residents and taxpayers of San Mateo County. She was concerned and she had good reason to be concerned. She was Not allowed to speak as a Private Citizen at the meeting, Here is her letter.

Dear Mayor Gupta, President Mattusch, Mr. Futrell and Mr. McGrath, 

I’m concerned about public safety and the safety of Harbor District employees.  
On Wednesday, Oyster Point Marina fuel system hazards were not discussed during a Special Meeting held at South San Francisco City Hall at 2:00pm. The meeting was specifically about the attached Draft Agreement.
The fuel system appears to be in extreme disrepair. As you know the fuel system is located in an area exposed to significant flooding. Please see the attached photo. 
The public and the unidentified people currently operating the fuel system are unaware of the safety concerns raised in the attached May 26, 2017 Fuel Dock Condition Assessment.
For years Drake Marine operated the fuel system at Oyster Point. Jim Drake sub-leased from Oyster Point Development. On Wednesday, I learned from Mike Futrell that the Drake Marine lease has been terminated. However some people are still operating the Fuel System at Oyster Point Marina.  I’m not sure who these people are but they don’t appear to work for Oyster Point Development (the current lease holder), the City of South San Francisco, or the SMC Harbor District.  
Who is providing oversight for the fuel system operation?  
Yesterday, I learned that the City of South San Francisco has performed a number of Fuel System inspections at Oyster Point. It’s my understanding that the Harbor District requested the inspection reports some time ago and has some of them but not the most recent inspection report. I would like to read all fuel system inspection reports including the most recent report. Please provide them unredacted. 
Yesterday, I also learned that Steven Miller, general counsel for the Harbor District sent a strongly worded letter regarding concerns about the fuel system at Oyster Point.  Please provide Miller’s letter unredacted.
Sabrina Brennan

Leave a comment

Filed under Board of Supervisors, Carole Groom, Dave Canepa, Dave Pine, David Silberman, Don Horsley, John Beiers, John Maltbie, Letters to Editors, Sabrina Brennan, San Mateo County Harbor District, San Mateo County News, Tax Payer's Advocate, Those Who Matter, Uncategorized, Victim's Advocate, Warren Slocum

San Mateo County’s DDA Melissa McKowan Court Case for Dishonesty is off calendar.

By Michael G. Stogner & Sarah Navratil

Matter # 13-O-13293

The trial was set for August 15-18 in San Francisco which was expected to have 3 days of character witnesses telling the Judge what an Honest person Melissa McKowan was/is. The State Bar of California has reached a tentative settlement and therefore removed the trial from the courts calendar.

I have said that Melissa McKowan should not be employed by San Mateo County, She should have been fired back in 2010 when this exact behavior first surfaced.

San Mateo County Supervisor’s have allowed this Dishonest behavior in the District Attorney’s Office for 17 years that we are aware of.

Our fingers are crossed that the settlement includes disbarment.

The Almanac continues to protect the District Attorney’s Office

The above article has closed the comment section. I notified the paper in advance of the April 17, 2017 Hearing they did not write an article about it and refused to allow me to blog about it, I attended the hearing they did not.

The Charges

Leave a comment

Filed under Adrienne Tissier, Board of Supervisors, California Bar Association, Carole Groom, Dave Canepa, Dave Pine, David Silberman, DDA Melissa McKowan, Don Horsley, John Beiers, John Maltbie, Prosecutorial Misconduct, San Mateo County Clerk to Supervisors, San Mateo County Manager, San Mateo County News, San Mateo County Superior Court, Steve Wagstaffe, Those Who Matter, Victim's Advocate, Warren Slocum