‘green rush’ stalled in tiny nipton?€¦ · 14/08/2017  · “the point isn’t to come here...

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‘Green rush’ stalled in tiny Nipton? BY LISA RENNER POSTED 08.14.2017 It appears that a company’s plans to turn a remote San Bernardino County town into a marijuana tourism mecca may go up in smoke. Earlier this month, Arizona-based American Green announced it purchased the entire California town of Nipton for about $5 million to make it a hub of cannabis production mixed with bed-and-breakfast lodging and attractions like mineral baths. “People think San Bernardino County is the Wild West and they can do what they want.” — Lt. Sarkis Ohannessian The problem is that a county ordinance for unincorporated areas, including Nipton, bars all sales, distribution and production of cannabis, overriding the state’s recent move to legalize recreational marijuana. Stephen Shearin, the project manager, said he is aware of the county law but he thinks something can be worked out. “That doesn’t mean this is not going to happen,” he said. “We’re concerned about it but not anxious.”

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Page 1: ‘Green rush’ stalled in tiny Nipton?€¦ · 14/08/2017  · “The point isn’t to come here and get stoned,” explained . Shearin. “The point is, ... Hoist Rescue Sunday

‘Green rush’ stalled in tiny Nipton?

BY LISA RENNER POSTED 08.14.2017

It appears that a company’s plans to turn a remote San Bernardino County town into a marijuana tourism mecca may go up in smoke.

Earlier this month, Arizona-based American Green announced it purchased the entire California town of Nipton for about $5 million to make it a hub of cannabis production mixed with bed-and-breakfast lodging and attractions like mineral baths.

“People think San Bernardino County is the Wild West and they can do what they want.” — Lt. Sarkis Ohannessian

The problem is that a county ordinance for unincorporated areas, including Nipton, bars all sales, distribution and production of cannabis, overriding the state’s recent move to legalize recreational marijuana.

Stephen Shearin, the project manager, said he is aware of the county law but he thinks something can be worked out. “That doesn’t mean this is not going to happen,” he said. “We’re concerned about it but not anxious.”

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Lt. Sarkis Ohannessian of the San Bernardino County Sherriff’s Department, has a different view. He said the county counsel’s office sent American Green a letter on Aug. 9 six days after the announcement of the sale informing the company of the law and saying that it would address any violations with administrative citations and criminal enforcement if needed.

“This is not the first time this has happened,” he said. “People think San Bernardino County is the Wild West and they can do what they want.”

American Green wants to continue Freeman’s dream by eventually making Nipton completely energy independent by expanding the existing solar farm.

The only two towns in the county that allow marijuana cultivation are Needles and Adelanto. But even there, the federal government can step in at any time and dismantle grows if they choose because marijuana is illegal under federal government, Ohannessian said.

Located close to the Nevada border about an hour’s drive from Las Vegas, Nipton has only about 20 residents and includes a general store, a hotel, a school building. By the 1980s, the land was purchased by Gerald Freeman, who added solar power and worked hard to make it as energy efficient as possible. After Freeman died, his widow Roxanne Lang put the town up for sale last year.

American Green wants to continue Freeman’s dream by eventually making Nipton completely energy independent by expanding the existing solar farm.

In a press release, the company said the first step of development would be bottling water from a nearby aquifer and infusing it with CBD, a cannabis compound that can offer relief from pain, inflammation and other ailments without making people feel stoned. American Green also wanted to bring in companies that make edibles.

The company looked at criteria that included general political climate, attractiveness and developmental opportunity.

“We are excited to lead the charge for a true ‘Green Rush,’” said the company’s chairman and president, David Gwyther, in the statement. “The Cannabis Revolution that’s going on here in the US has the power to completely revitalize communities in the same way gold did during the 19th century.”

The vision is to draw people to make the 10-minute drive off Highway 15 to enjoy a marijuana-friendly atmosphere. “The point isn’t to come here and get stoned,” explained

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Shearin. “The point is, if you’re a stoner, you feel you can walk the property and feel comfortable. It’s about hospitality.”

American Green had been looking for a place to develop into a marijuana tourism destination for a while, Shearin said. The company looked at criteria that included general political climate, attractiveness and developmental opportunity.

The county ban on marijuana production is to prevent cannabis growers from “willy nilly popping up” all over

Colin Strange, the director of business resources at the San Bernardino Area Chamber of Commerce, said the county at large has a conservative culture and may not be welcoming of the project.

He wondered how the company will develop enough activities and infrastructure to handle the throngs of visitors they want. He also wondered how they will deal with trouble that might arise, like offering medical attention for overdoses or heat strokes. “They’re miles from nowhere,” he said.

Shearin is working out all the details and won’t invite more people in then it can support. He said people are drawing up designs and plans for these questions now.

He believes the reason for the county ban on marijuana production is to prevent cannabis growers from “willy nilly popping up” all over. He thinks the county will ultimately be friendly to his venture because it will generate revenue and benefit residents.

“We can’t grow cannabis there under that strict reading under that statute,” he said. “But that doesn’t mean it will never happen or never happen soon.”

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8/15/2017 Highland Library seeks dynamic volunteers - Highland Community News: Community

http://www.highlandnews.net/community/highland-library-seeks-dynamic-volunteers/article_1db0d1ca-8135-11e7-9609-ff2fa3aa8374.html?mode=print 1/1

Highland Library seeks dynamic volunteersPosted: Monday, August 14, 2017 2:11 pm

The Highland Branch Library invites you to join its team of dynamic volunteers who provide valuableassistance to library staff and customers. Volunteer opportunities include: assisting with the Friends of theLibrary, becoming an

adult literacy tutor, and being one of the library's vibrant general volunteers. Each volunteer opportunityprovides a unique and rewarding experience. Anyone who is over the age of 14 and interested in becoming avolunteer is invited to attend the next volunteer orientation at the Hesperia Branch Library on Thursday,Aug. 16, from 4 p.m. to 5 p.m. for general volunteers and 4 p.m. to 5:30 p.m. for adult literacy volunteers.

To learn how to join the team of volunteers, visit or call the Highland Branch Librarydirectly at (909) 425-4700.

www.sbclib.org

The San Bernardino County Library System is a dynamic network of 32 branch libraries that serves adiverse population over a vast geographic area. The County library system strives to provide equal access toinformation, technology, programs, and services for all people who call San Bernardino County home.

The library plays a key role in the achievement of the Countywide Vision, , bycontributing to educational, cultural, and historical development of our County community.

www.sbcounty.gov/vision

For more information on the San Bernardino County library system, visit or call (909) 387-2220.

www.sbclib.org

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8/15/2017 San Bernardino County supervisor, chamber president to meet with residents in Crestline

http://www.sbsun.com/social-affairs/20170814/san-bernardino-county-supervisor-chamber-president-to-meet-with-residents-in-crestline&template=print… 1/1

San Bernardino County Sun (http://www.sbsun.com)

San Bernardino County supervisor, chamber president to meet with residents in Crestline

Monday, August 14, 2017

San Bernardino County Supervisor Janice Rutherford and Crestline/Lake Gregory Chamber of CommercePresident Louis Boehle invite residents to join them for breakfast and conversation Friday morning in Crestline.

The event will be from 8 to 9:30 a.m. at Thousand Pines Camp, 359 Thousand Pines Road.

Guests who want breakfast, which is $15, are asked to pay the vendor at the door.

For information, call 909-387-4833.

URL: http://www.sbsun.com/social-affairs/20170814/san-bernardino-county-supervisor-chamber-president-to-meet-with-residents-in-crestline

© 2017 San Bernardino County Sun (http://www.sbsun.com)

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8/15/2017 ROTWNEWS.com – Hoist Rescue Sunday by San Bernardino County Fire

http://rotwnews.com/2017/08/15/hoist-rescue-sunday-by-san-bernardino-county-fire/ 1/6

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Hoist Rescue Sunday by San Bernardino CountyFirein Community News, For Your Information, Informational, Mountain Region, News, Safety, Subject, Ticker / byMichael P. Neufeld / on August 15, 2017 at 5:01 am /

By Susan A. Neufeld

Mountain Communities – At approximately 9:00 a.m. Sunday August 13, Sheriff’s Air Rescue 07 wasdispatched Highway 18 and Crest Forest Drive regarding an injured hiker.

The victim, Jessica Christenson, 46 years old of Long Beach, was attempting to climb on the rocks below theCliffhanger when she fell approximately 40 feet. She suffered moderate injuries and was unable to walk out.

Fire Department personnel arrived and located Christenson before the rescue crew arrived. The personneldetermined Christenson would need to be hoist rescued, due to her injuries and the remote location.

Once the helicopter was in position, Air Medic B. Horak was lowered down to Christenson. After a briefmedical assessment Christenson was placed into a rescue harness and hoisted into the helicopter.

Christenson was flown to Loma Linda University Medical Center for treatment of non-life threatening injuries.

(72)

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8/15/2017 LAFCO's new home - Highland Community News: Political

http://www.highlandnews.net/news/political/lafco-s-new-home/article_ff165b56-81d2-11e7-a1cf-fb4f39e7f745.html?mode=print 1/1

LAFCO's new homeHighland Community News photo by Charles Roberts | Posted: Tuesday, August 15, 2017 9:01 am

LAFCO Receptionist Angela Schell works at her computer inher new expanded office at the Historic San BernardinoDepot. The Local Agency Formation Commission (LAFCO)opened business in their new quarters on July 31. Sevenpeople work in the offices, with an additional break room andmeeting room. LAFCO pays $7,836 a month to lease theground floor offices. LAFCO is charged with incorporations,disincorporations of cities, agency boundary lines, andconsolidations.

More working space

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8/14/2017 Political Road Map: No one spends more on lobbying in Sacramento than local governments - LA Times

http://www.latimes.com/politics/la-pol-ca-road-map-lobbying-local-governments-20170806-story.html 1/3

T

Column Political Road Map: No one spendsmore on lobbying in Sacramento than localgovernments

By John Myers

AUGUST 6, 2017, 6:00 AM | REPORTING FROM SACRAMENTO

he stereotype of lobbying is that it’s the exclusive domain of corporations and organized labor,

groups spending huge sums of money to quietly but firmly flex their political muscles in Sacramento.

But the data don’t bear that out. It’s California’s local governments — cities, counties and scores of

other agencies — that spend the most of any sector to influence the outcome of events at the state Capitol.

It’s government lobbying government, and it’s paid for with taxpayer dollars.

The hallways between the Assembly and Senate chambers are packed with aides, lobbyists, and members of the public on theLegislature's final week of work in 2015. More money is spent by local governments on lobbying in Sacramento than any other sector.(Marcus Yam / Los Angeles Times)

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8/14/2017 Political Road Map: No one spends more on lobbying in Sacramento than local governments - LA Times

http://www.latimes.com/politics/la-pol-ca-road-map-lobbying-local-governments-20170806-story.html 2/3

Quarterly lobbying reports filed last week show that local and regional governments and their elected officials

collectively continue to outpace all other branches of California’s influence industry. Through the first six

months of 2017, these government entities together spent more than $24.3 million on lobbying in Sacramento.

That’s an average of about $135,000 for every calendar day, though much more in practice when you consider

that lawmakers are generally in session just 16 days a month.

Almost 400 local government groups have lobbyists, and they run the gamut from large cities to rural counties.

School districts have lobbyists, too, as do some tribal governments. No level of local government appears to be

too small: Santa Monica’s rent control board paid $12,246 to have someone watching the Legislature this

spring, while Sonoma County’s parks district has paid $13,500 this year to do the same.

In some cases, the lobbying seems to loop back and over the same constituents. Los Angeles County has spent

$745,577 on lobbying this year — separate from the $114,300 spent by its district attorney’s office and the

$247,084 that's been spent since January by the county’s Metropolitan Transportation Authority.

Political Road Map: There are more than 15 lobbyists for each lawmaker in Sacramento »

And lest you think lobbying is mostly paid for by local governments a long ways from the statehouse, take note

that the city of Sacramento has spent $375,294 on lobbyists in the first half of 2017. Not only is its city hall less

than a half-mile away; its mayor is the former leader of the state Senate.

Then there’s the money that cities, counties and special districts spend on statewide associations that have their

own cadre of professional lobbyists. San Diego County paid $512,956 for lobbying in the first six months of the

year, as well as dues that helped fuel the $393,411 for lobbying spent by the California State Assn. of Counties.

Other groups may make headlines more often for their efforts to influence the outcome of legislation and state

agency regulations, but they spend far less than California’s municipal and regional governments. Labor unions

spent about $6.8 million on lobbying through June 30, while oil and gas companies spent about $16.7 million.

Only healthcare lobbying, which totaled $23 million in the first half of 2017, came close to what was spent by

local governments.

So what drives local officials to do so much lobbying of state government? Sometimes it’s to make sure they’re

getting a piece of the larger tax revenue pie. A number of local government lobbying disclosure forms included

efforts to secure funds in the new state budget and the $52-billion transportation plan signed into law this past

spring. In other cases, locals feel they have to play defense, keeping state lawmakers from imposing too many

onerous new rules.

The latest lobbying reports are not an anomaly. Since 2013, local and regional governments have spent more

than $208 million to stake out the hallways and committee hearing rooms of Sacramento. It’s a reminder that

when lawmakers return in two weeks for their final month of work for 2017, there will be plenty of chances for

them to be cajoled about the wants and needs of officials back home.

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8/14/2017 Political Road Map: No one spends more on lobbying in Sacramento than local governments - LA Times

http://www.latimes.com/politics/la-pol-ca-road-map-lobbying-local-governments-20170806-story.html 3/3

[email protected]

Follow @johnmyers on Twitter, sign up for our daily Essential Politics newsletter and listen tothe weekly California Politics Podcast

ALSO:

Political Road Map: There’s a reason local governments in California can skip some electionmandates

Oil companies outspent environmentalists during California’s climate change negotiations

Updates on California politics and government

Copyright © 2017, Los Angeles Times

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http://voiceofoc.org/2017/08/helicopter-rescue-dispute-escalates-between-sheriff-and-fire-officials/ 1/3

OC Sheri�'s DepartmentAn air rescue by the Orange County Sheri�'sDepartment.

By NICK GERDA AND JOSE OCHOA August 9, 2017

o Share172(https://www.facebook.com/share.php?u=http%3A%2F%2Fvoiceofoc.org%2F2017%2F08%2Fhelicopter-

Tweet13 Email(mailto:?subject=Helicopter%20Rescue%20Dispute%20Escalates%20Between%20Sheriff%20and%20Fire%20Officials&body=Fire%20Authority%20officials%20say%20they%E2%80%99ve%20been%20performing%20air%20rescues%20for%20over%2020%20years%20and%20are%20well-

An ongoing dispute between the county Sheri�’s Department and Fire Authority over helicopter rescuesis escalating, after an agreement between both sides fell apart and county supervisors sided with theSheri�’s Department, giving it joint responsibility with the Fire Authority for rescuing people in remoteareas.

Fire Authority o�cials say they’ve been performing air rescues for over 20 years and are well-equipped forthe job, but that in recent years sheri�’s helicopter crews have been racing to the scene and taking control.�e Fire Authority says that causes confusion on the ground, expensive duplication of e�orts, and a riskof mid-air collisions.

“�e last thing we want is to have two helicopters collide in the air because there’s an air dispute overwho got there �rst or whose jurisdiction it is,” said Marc Stone, a battalion commander and spokesmanfor the Fire Authority.

“�ey’ll just come right in and take over the whole thing,” he said of the sheri�’s helicopter crews. “Whatis happening now is causing such a divide” between the two agencies.

�e Sheri�’s Department, meanwhile, says their involvement is important because Fire Authorityhelicopters are sometimes out of the county assisting with other emergencies(http://www.ocregister.com/2017/08/03/oc-sheri�s-and-�re-authority-�ghting-again-over-helicopters/) , and that the FireAuthority simply doesn’t want the Sheri�’s Department doing any medical emergency work. FireAuthority helicopters have paramedics onboard and the sheri�’s helicopter crews now include paramedicswho can assist with medical treatment while patients are being �own to the hospital.

After meeting dozens of times about the issue, a new agreement was reached last month in which the twoagencies would take turns on alternate weeks being in charge of air rescues across the county.

But the Fire Authority’s board rejected it, instead wanting to maintain an existing agreement from March2016 that has sheri�’s o�cials handle searches and the Fire Authority handle rescues.

Sheri�’s o�cials wanted a di�erent approach. Last week, they proposed a new plan that de�nes bothagencies as equal when it comes to the main kind of airlift at issue: o�-road rescues in which the locationof the person is known.

Helicopter Rescue Dispute EscalatesBetween Sheriff and Fire Of cials

ANDREW DO

185SHARES j s k

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After a contentious debate at Tuesday’s supervisors’ meeting, and strong support from the sheri�’sdeputies’ in�uential union, supervisors approved the sheri�-requested plan on a unanimous vote.

County supervisors are involved in the issue because under state law, they decide whether the Sheri�’sDepartment has authority to conduct search and rescue operations. �e supervisors also set overall policyfor when sheri�’s crews conduct rescues.

Tuesday’s decision is essentially a policy change that o�cially puts the sheri�’s helicopter crews on equalfooting with the Fire Authority as being the lead agency when responding to o�-road medicalemergencies, without clarity about who should handle the calls.

�e supervisors’ action seemed to only escalate tensions.

�e supervisors’ lead attorney, Leon Page, had o�ered a menu of ideas for how to di�use the tensions.�ey included having his County Counsel’s o�ce hire a trusted mediator, like a retired judge, to listen toboth sides and o�er recommendations for how to resolve the dispute.

�ose ideas were publicly supported by Sheri� Sandra Hutchens and Fire Chief Je� Bowman.

Hutchens said she likes the idea of some type of third party mediator, because trying to continue talkswithout it “would be a waste of time.” Bowman agreed.

�e mediation idea was also supported by Supervisors Todd Spitzer and Lisa Bartlett. But the rest of the�ve-member board didn’t support an outside mediator.

Supervisor Andrew Do, whose election last year was supported by $100,000 in deputies’(http://bit.ly/2uoPMBv) union campaign spending (http://bit.ly/2uoPMBv) , said supervisors should be in chargeof studying the helicopter issue, deciding the facts, and determining how the departments use search andrescue helicopters. He said the board should use a closed-door process involving two of the �vesupervisors, known as an ad-hoc committee.

Spitzer and Bartlett pushed back strongly.

“I mean, two supervisors as an ad-hoc…in my opinion, is not a good idea,” Spitzer said of Do’s proposalfor the helicopter dispute. “I don’t think two supervisors should play that role.”

Bartlett noted both agencies want to go through a mediation process, and urged her colleagues to give adirective about entering mediation.

Without clear guidelines in place, Bartlett said, “we are putting everybody at risk,” including the FireAuthority, sheri�’s o�cials, and the public.

“It would be a huge black eye on every agency and the County of Orange if we do not provide cleardirection” on how this should proceed, she said.

But Bartlett’s motion was not supported by a majority of the board, so there was no direction to hire amediator.

�e supervisors’ discussion got heated at points, with Supervisor Shawn Nelson interrupting Page andquestioning him for trying to explain the di�erence between arbitration, mediation, and fact-�nding.

Nelson, meanwhile, said supervisors can help ensure the issue is dealt with by threatening to rescind thenew agreement if both sides don’t work out the issues in the next 30 days.

“�e fact of the matter is, if they don’t resolve it, we do have options. One of ‘em is just to rescind thevery [resolution] we’re about to authorize,” Nelson said.

“I hope I don’t need to state that I reserve all options for the future, including working directly with myfellow board members at [the Fire Authority]…and maybe our boards just agree to send this toarbitration, not mediation.”

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“Let’s let this play out for 30 days, and if we need to intervene, I promise I won’t forget to put it on theagenda.”

A sheri�’s spokesman said Tuesday evening he was working on a case and unable to comment on thesupervisors’ action.

But Fire Authority o�cials say the Sheri�’s Department has been interfering with their ability to do theirjobs.

When the sheri�’s helicopters show up, “we don’t know if they’re medics, we don’t know if they’re[emergency medical technicians]. We don’t know what they are,” said Stone, the battalion chief, followingthe meeting.

“It would be like us putting shotguns on the front of our �re engines and racing into bank robberies. Ifwe did something like that, they would be just as upset and scratching their heads saying, ‘What’s goingon?’ ”

“What we’re dealing with is [a] daily routine…of �ghting in the air over these calls.”

Nick Gerda covers county government and Santa Ana for Voice of OC. You can contact himat [email protected] (mailto:[email protected]) .

Jose Ochoa is a Voice of OC intern.

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8/15/2017 3 hikers rescued from Mt. Baldy area after becoming lost

http://www.sbsun.com/article/20170815/NEWS/170819657&template=printart 1/1

San Bernardino County Sun (http://www.sbsun.com)

3 hikers rescued from Mt. Baldy area after becoming lost

By Beatriz Valenzuela, San Bernardino Sun

Tuesday, August 15, 2017

MT. BALDY >> Three hikers were rescued after they became lost while hiking in the Mt. Baldy area Sunday,officials said.

The trio -- Madeleine Heller and Audrey Torrest, both 23 and of Los Angeles, and Sarah Wood, 23, of CostaMesa -- had just finished summitting Mt. Baldy and were on their way back when they become lost and endedup in Goode Canyon, according to a San Bernardino County sheriff’s news release.

When they discovered they had taken a wrong turn, they called the Sheriff’s Department for help, officials said.

After two different sheriff’s helicopters were unable to find the women, the West Valley Search and RescueTeam was called in to help, officials said.

Three team members were able to find the women near the bottom of the canyon and they escorted the hikersout of the canyon, authorities said.

The women were evaluated and were found to be in good condition.

Authorities remind people who plan on hiking in the local mountains to always be properly prepared with theright clothing, enough food and water and location devices in case they get lost.

URL: http://www.sbsun.com/general-news/20170815/3-hikers-rescued-from-mt-baldy-area-after-becoming-lost

© 2017 San Bernardino County Sun (http://www.sbsun.com)

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8/15/2017 Man talked off Barstow's First Avenue Bridge after lengthy negotiations

http://www.vvdailypress.com/news/20170814/man-talked-off-barstows-first-avenue-bridge-after-lengthy-negotiations 1/2

By Shea Johnson Staff Writer Posted Aug 14, 2017 at 10:27 AMUpdated at 8:04 AM

Police arrested a 39-year-old Barstow man suspected ofbeing under the influence of a controlled substance onMonday morning after he scaled the First AvenueBridge’s iron truss and dangerously walked atop thestructure, a law enforcement official said.

BARSTOW — Police arrested a 39-year-old Barstow man suspected of beingunder the influence of a controlled substance on Monday morning after he scaledthe First Avenue Bridge’s iron truss and dangerously walked atop the structure, alaw enforcement official said.

The incident, reported at 6:45 a.m., spurred more than two hours ofnegotiations, Barstow Police Department Capt. Andy Espinosa said.

“He was pacing back and forth,” Espinosa said of the shirtless and barefoot man,who was only wearing jean shorts and at one time appeared to have a hat. “Hereally was making paranoid-type statements.”

The suspect, identified by police as Esteban Barela, initially did not respond tonegotiator attempts to draw him down safely, instead yelling at times to no onein particular. Shortly after a Barstow Fire Protection District ladder arrived onscene, Barela began speaking to law enforcement, Espinosa said, and he was latersuccessfully talked off the bridge at roughly 9 a.m.

Still, Barela did not utilize the ladder to return to the ground. Instead, he climbedback down the way in which he had ascended.

Man talked o� Barstow’s First Avenue Bridgeafter lengthy negotiations

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8/15/2017 Man talked off Barstow's First Avenue Bridge after lengthy negotiations

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Espinosa said Barela appeared to have been under the influence of a controlledsubstance and he was booked into jail.

A close neighbor to the man who was at the scene as it unfolded described Barelaas being mentally ill.

“All I know is he’s been having some problems. He’s been suffering from somemental illness,” said the woman, who asked that her identity be withheld. “I cansay he is a very good person.”

She didn’t rule out that he might have been under the influence of drugs, butsuggested that ultimately Monday morning’s scene was part of a larger narrative,calling upon the community to show “a little compassion.”

“This is more of a cry for help, ‘help me, I need some help.’ Overall, it’s a very sadsituation,” she said. “It was nerve wracking. He could have fell, he could have losthis balance, he could have been distracted by something.”

She added that she proposed officers entice Barela off the bridge by offering himcigarettes, which she said appeared to work.

During the stand-off, access to the bridge was blocked at Riverside Drive to thenorth and Hutchinson Street to the south. Barstow police also worked with theBurlington Northern Santa Fe Railroad to hold trains as the incident remainedactive.

Shea Johnson can be reached at 760-955-5368 or [email protected]. Follow

him on Twitter at @DP_Shea.

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8/15/2017 Upland’s Buffalo Inn saved from auction block, future still uncertain

http://www.sbsun.com/business/20170814/uplands-buffalo-inn-saved-from-auction-block-future-still-uncertain&template=printart 1/2

San Bernardino County Sun (http://www.sbsun.com)

Upland’s Buffalo Inn saved from auction block, future still uncertain

By Liset Márquez, Inland Valley Daily Bulletin

Monday, August 14, 2017

UPLAND >> Longtime patrons of the Buffalo Inn might be pleased toknow the shuttered restaurant wasn’t auctioned off as originallyplanned.

The Buffalo Inn was set to be sold Aug. 7 in an online auction by theSan Bernardino County Tax Collector’s office along with more than1,000 other tax-defaulted properties.

Richard Rinard said he still owns the storied Route 66 restaurant eventhough Arcadia-based Positive Investments paid off the $350,000 indelinquent taxes.

“We’re in litigation, and we still don’t know what’s going on,” he said.

Positive Investments did not respond to requests for comment Monday.

Sitting outside a coffee shop on a recent morning, Rinard and his longtime partner, Janna Hickler, at times talkover each other as they recount the recent legal ordeals surrounding the restaurant.

Despite the ongoing litigation, Hickler and Rinard are not giving up hope of one day reopening the restaurant,which has been in the family dating back to the 1970s.

“I think it’s an asset,” Hickler said.

Both said they had been in talks with a developer to sell the property, but the latest court battle has put thoseambitions on hold.

Ideally, the potential owner would purchase the majority of the 5-acre property and still allow them to operatethe Buffalo Inn, Rinard said.

The place was shuttered in 2015 when the owners lost control of the property to a bankruptcy trustee, Rinardsaid. Since then, Rinard said he got out of bankruptcy.

Any future plans for the site would still have to go through proper city review and approval processes, includingany plans for the Buffalo Inn, said Jerry Guarracino, contract senior planner for Upland.

The property, and many others along the corridor, is zoned commercial industrial/mixed-use, which would allowfor live and work developments.

“We had a number of people ask about what can be done at the property. A lot of people have expressed interest,but there’s been nothing formally presented to the city,” Guarracino said.

Rinard and Hickler said they won’t know the fate of the restaurant until at least October.

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8/15/2017 Upland’s Buffalo Inn saved from auction block, future still uncertain

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URL: http://www.sbsun.com/business/20170814/uplands-buffalo-inn-saved-from-auction-block-future-still-uncertain

© 2017 San Bernardino County Sun (http://www.sbsun.com)

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8/15/2017 Chavez on the hot seat at Kiwanis meeting - Highland Community News: Political

http://www.highlandnews.net/news/political/chavez-on-the-hot-seat-at-kiwanis-meeting/article_7cd5ea7a-81ce-11e7-9075-9f3a00cbac67.html?mode=p… 1/1

Chavez on the hot seat at Kiwanis meetingBy Charles Roberts | Posted: Tuesday, August 15, 2017 8:29 am

Highland City Councilman Jessie Chavez faced a toughcrowd at the Aug. 5 meeting of the Highland Kiwanis Club.

After a brief address talking about his success as acommunity organizer and volunteer, especially for the SanBernardino area near his west Highland home, Chavez wasasked about some Highland issues, which were he was lessinvolved.

For example, when asked about his opinion on the Harmonyproject proposed for Highland’s eastern end, Chavez said hehad no opinion.

“A Highland City Councilman elected to represent Highlandhas no opinion on a major housing project?” asked MayorPenny Lilburn incredulously.

“I think information should be given out and let the voters decide,” said Chavez.

Another question that stumped him was about his district, Council District 1 at Highland’s west end. Hewasn’t sure just where it was, noting that the Highland/San Bernardino border in that area is very confusing.

His vote opposing marijuana shops in Highland also brought a challenge.

“A shop could bring in a million dollars a year,” Chavez said, explaining his support for legal marijuanasales.

“But have you considered what it would cost in law enforcement and the crime rate?” asked Jeff Staggs, aretired Sheriff’s sergeant.

A question about Chavez’ three top priorities, he cited parenting and sanctuary, education and support foryouth.

He added that transparency is important when asked about the current City Council representation.

“I think some of them have been there long enough. It might be time for some new blood,” he said.

As for his views on a sanctuary city, Chavez said, “WEe should protect people. They live here.”

The Kiwanis Club of Highland meets Thursdays at 7:15 a.m. at the East Highlands Ranch Stone House,7136 Club View Drive, Highland. Visitors welcome.

City Councilman Jesse Chavez

Highland City Councilman Jesse Chavezaddresses the Highland Kiwanis Club onThursday, Aug. 10.

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8/15/2017 San Manuel, Highland and IVDA sign agreement on 3rd/5th streets corridor - Highland Community News: Political

http://www.highlandnews.net/news/political/san-manuel-highland-and-ivda-sign-agreement-on-rd-th/article_17413dae-81d8-11e7-990d-9f1933a921e2.… 1/2

San Manuel, Highland and IVDA sign agreement on3rd/5th streets corridorBy Hector Hernandez Jr. | Posted: Tuesday, August 15, 2017 9:37 am

Inland Valley Development Agency (IVDA) and the city of Highland have entered into an agreement withSan Manuel Band of Mission Indians in pursuit of a $2,964,360 U.S. Department of Commerce EconomicDevelopment Administration (EDA) grant to help fund the Third and Fifth Streets Corridor ImprovementsProject expected to cost approximately $7 million. IVDA Board of Directors approved the agreement at itsAug. 9 meeting, one day following approval by the Highland City Council on Aug. 8. The agreement

Should the grant be awarded, the federal funds will pay for approximately one-third the project cost with alocal match of $4,093,640 to be split equally among IVDA, Highland and San Manuel, according to IVDAProject Coordinator Myriam Beltran. San Manuel is serving as the lead applicant and will be responsible forfiling the EDA reports and receiving and distributing the funds. The city of Highland will be responsible forawarding and administering any contracts related to the project.

The project consists of extensive road improvements and other traffic enhancing work.

The work to be done includes:

- Curb, gutter, sidewalk and streetlights on Fifth Street between Victoria and Palm avenues

- Pavement rehabilitation and striping on Fifth between Palm and Church avenues

- Pavement rehabilitation, raised center median and striping reconfiguration on Fifth between ChurchAvenue and the 210 Freeway

- New undercrossing of Route 210, widened to eight lanes.

- Palm Avenue and Third Street intersection reconfiguration and realignment

- Pavement rehabilitation and widening, curb, gutter, sidewalks, bike lane striping and street lights on ThirdStreet between Palm Avenue and Fifth Street

-Third and Fifth streets intersection improvements

- Pavement rehabilitation and widening, curbs, gutters, sidewalks and street lights on Central Avenuebetween Third and Fifth streets

- Pavement rehabilitation and addition of turn pockets on Palm Avenue between Third and Fifth streets

The IVDA's $1,364,546 portion will be paid through Inland Empire Goods Movement Gateway fundsthrough a 2006 Exchange Agreement with the San Bernardino County Transportation Authority (SBCTA).

"That's a special fund we have with SBCTA. in 2006 we were recipients of federal dollars under the 2005Federal Transportation Bill. At that time SBCTA, SanBAG at that point, needed additional dollars to fund2015 improvements so we traded our federal dollars for local Measure I dollars SanBAG had available,"explained IVDA General Manager Michael Burrows.

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8/15/2017 San Manuel, Highland and IVDA sign agreement on 3rd/5th streets corridor - Highland Community News: Political

http://www.highlandnews.net/news/political/san-manuel-highland-and-ivda-sign-agreement-on-rd-th/article_17413dae-81d8-11e7-990d-9f1933a921e2.… 2/2

According to Beltran, prospects of application approval appear "great."

"We're near completion of the review process and we are receiving positive letter and request for additionalinformation," said Beltran. Typically requests for additional information are a good sign.

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8/15/2017 Riverside challenge settled - Highland Community News: Top Stories

http://www.highlandnews.net/news/top_stories/riverside-challenge-settled/article_14dcfab8-81cd-11e7-9076-43bde3f210a6.html?mode=print 1/1

Riverside challenge settledBy Charles Roberts | Posted: Tuesday, August 15, 2017 8:19 am

Riverside Pubic Utilities (RPU) had challenged permittingfor the new Sterling Natural Resource Center treatment plant,a proposed project of East Valley Water District (EVWD)using permitting through San Bernardino Valley MunicipalWater District.

RPU was concerned about possible effects on salinitycontent.

A Memorandum of Understanding was reached, concludingthat the salinity question was settled in the initialEnvironmental Impact Report, but adding other possibleoptions, including monitoring wells.

RPU dismissed its protest letter on Oct. 26, 2016.

A report on the issue was given to the EVWD Board ofDirectors on Wednesday, Aug. 9.

The Board also got an update on the Urban WaterManagement Plan, which must be updated every five years.EVWD is one of 10 area water agencies who have signedonto the Plan for cooperative management of water resources.

Back to school

East Valley Water District employees passout backpacks filled with school supplies tostudents at Hunt Elementary School onThursday, Aug. 10. Employees raised some$1,500 to supply 166 backpacks, 36 bagswith teacher supplies and 40 emergencykits.

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8/14/2017 San Diego DA’s Prosecution of Pot Attorney Has Sent Chills Through the Legal Community - Voice of San Diego

http://www.voiceofsandiego.org/topics/news/san-diego-das-prosecution-of-pot-attorney-has-sent-chills-through-the-legal-community/ 1/9

San Diego DA’s Prosecution ofPot Attorney Has Sent ChillsThrough the Legal Community

Lawyers in San Diego and beyond worry the prosecution of a lawyer who represents a marijuana

business could force a central tenet of practicing law – attorney-client privilege – to go up in smoke.

THE GIST

Photo courtesy of NBC7

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8/14/2017 San Diego DA’s Prosecution of Pot Attorney Has Sent Chills Through the Legal Community - Voice of San Diego

http://www.voiceofsandiego.org/topics/news/san-diego-das-prosecution-of-pot-attorney-has-sent-chills-through-the-legal-community/ 2/9

By Jonah Valdez (http://www.voiceofsandiego.org/author/jonah-valdez/) |

August 9, 2017

On July 7, dozens of attorneys filled the seats of a small San Diego courtroom.

The attorneys were attending a hearing for one of their own, Jessica

McElfresh, a San Diego lawyer experienced in cannabis law.

McElfresh is facing multiple felony charges.

What drew most attorneys to court that day was something they consider

sacred: the attorney-client privilege of McElfresh and her past clients was at

risk. Prosecutors wanted to look through all of her records, not just the ones

pertaining to the charges she was fighting. Prosecutors and the defense have

agreed on a method that would protect the confidentiality of McElfresh and

her clients, though Judge Laura Halgren has only dubbed the agreement a

“starting point.” A lot of lawyers remain concerned about the direction of the

case.

The prosecution comes at a time of increased uncertainty over how law

enforcement will treat the marijuana industry in San Diego – and it’s being

taken by some as a sign that it will not be permissive.

In late May, then-District Attorney Bonnie Dumanis filed a slew of criminal

charges, alleging that James Slatic, a medical-marijuana entrepreneur, and his

business partners sought to illegally manufacture and sell hash oil across the

country. The defendants were also charged with money laundering and

obstruction of justice.

The DA alleged that Slatic’s lawyer, McElfresh, was in on the scheme, saying

that she hid evidence of the hash oil from city inspectors during an April

2015 inspection of Slatic’s Med-West facilities in Kearny Mesa.

We Stand Up for You. Will You Stand Up for Us?

Jessica McElfresh, a San Diego lawyer experienced in cannabis law, is facing multiple felony charges.

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8/14/2017 San Diego DA’s Prosecution of Pot Attorney Has Sent Chills Through the Legal Community - Voice of San Diego

http://www.voiceofsandiego.org/topics/news/san-diego-das-prosecution-of-pot-attorney-has-sent-chills-through-the-legal-community/ 3/9

We Stand Up for You. Will You Stand Up for Us?

Per Month Per Year One Time

This donation will make you a Conversation Starter member.

Donate Now  What benefits do VOSD members get? (/about-

us/members/membership-levels/)

The basis of the charges was an email McElfresh wrote to Slatic following the

2015 inspection. The email, a privileged attorney-client communication, was

part of the trove of information and property seized during the DA-led raid

of the Med-West facilities in January 2016, which drew widespread publicity

and criticism.

“They’ve been there once and went away, operating under the theory that no

actual marijuana is there,” McElfresh wrote in the email to Slatic. “We did a

really, really good job giving them plausible deniability – and it was clear to

them it wasn’t a dispensary. But, I think they suspected it was something else

more than paper.”

“In that email, [McElfresh] essentially admitted she orchestrated a charade for

city inspectors,” Deputy District Attorney Jorge Del Portillo wrote in court

papers.

Slatic said the damning email was taken out of context. They were having a

bigger, harmless conversation about a zoning inspection and making sure his

facility was not mistaken for a dispensary.

I would like to donate $

5

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8/14/2017 San Diego DA’s Prosecution of Pot Attorney Has Sent Chills Through the Legal Community - Voice of San Diego

http://www.voiceofsandiego.org/topics/news/san-diego-das-prosecution-of-pot-attorney-has-sent-chills-through-the-legal-community/ 4/9

Citing a rule that says a lawyer’s communications with a client are fair game if

they were made with the intent of committing or covering up a crime, Judge

Charles Rogers ruled that the email was not protected by attorney-client

privilege and could be used by the DA as evidence to file criminal charges.

The ruling was the first of many red flags for other attorneys.

On the same day the charges were filed, investigators carried out a warrant

and searched McElfresh’s home and office. Investigators took files, her

desktop computer, laptop and cell phone.

During her years of practice, McElfresh has counseled hundreds of people

about medical cannabis law. She did much of that work through email. After

the search in May, the mostly email conversations with her clients, which are

traditionally protected by attorney-client privilege, lay outside of her reach

and up for debate in court.

Del Portillo argued for the “crime-fraud exception,” asserting that since

McElfresh allegedly conspired to commit a crime with her Med-West clients,

she loses her attorney-client privilege. “Notions of fundamental fairness

demand that the privilege give way to justice,” Del Portillo wrote in court

papers.

At the July 7 hearing, lawyers representing McElfresh’s former clients —

medical marijuana businesses, nonprofits and political action committees —

appeared in court to assert their attorney client-privilege.

Mara Felsen was one of those lawyers.

“When it became apparent that they were trying to evade the attorney-client

privilege, there was a concerted effort to get all hands on deck and assert the

attorney-client privilege, with respect to the clients,” Felsen said.

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http://www.voiceofsandiego.org/topics/news/san-diego-das-prosecution-of-pot-attorney-has-sent-chills-through-the-legal-community/ 5/9

“We have several clients who may also be in the files that were seized by the

DA,” said Gina Austin, an attorney representing Citizens for Patient Rights, a

political action committee that advocates for local medical cannabis

regulations, one of McElfresh’s former clients. “We are protecting our rights.”

Austin said that endangering attorney-client privilege could spell a soured

relationship and broken trust between attorneys and clients.

“If the courts start to breach those confidential provisions, then the clients

are not going to disclose info to us, and we’re not going to be able to

adequately represent them,” Austin said.

Austin said that most of the lawyers she’s talked with feel it’s a terrible thing

to see an attorney indicted for simply doing her job. Felsen has talked to

other criminal defense lawyers and all see the case as “a shocking outrage,”

she said. Though many attorneys feel the DA’s interpretation of the law is

extreme, the fluidity of cannabis law and its evolving nature make it difficult

when it comes to its application.

“The only thing [McElfresh] did wrong was to advise a client in a field of law

where the rules are rapidly changing, and what is legal and is not legal is not

entirely clear on any particular point,” Eugene Iredale, McElfresh’s defense

attorney, said.

Michael Crowley, a criminal defense lawyer and member of the San Diego

County Bar’s Ethics Committee, has been watching the McElfresh trial from

afar. What troubles him about the case is the lack of clarity around cannabis

law.

Though the city of San Diego legalized recreational pot dispensaries in late

January, it remains the only city in the county to do so. Statewide, the design

of regulations is still unknown, as state officials are preparing for the 2018

rollout.

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8/14/2017 San Diego DA’s Prosecution of Pot Attorney Has Sent Chills Through the Legal Community - Voice of San Diego

http://www.voiceofsandiego.org/topics/news/san-diego-das-prosecution-of-pot-attorney-has-sent-chills-through-the-legal-community/ 6/9

“It’s one thing to pass legislation, it’s another to implement it. That’s where

attorneys come in. They need to give opinions on what the law says without

fear of being prospected by a DA who thinks they know the law. An attorney

needs to feel that they can freely give advice on areas that are murky in the

law. Because everybody’s just trying to figure it out,” Crowley said.

The case has also laid bare a disconnect between the popular vote – the

majority of county voters supported Proposition 64, the statewide measure

legalizing recreational marijuana – and county officials’ stance on marijuana.

The County Board of Supervisors voted in March to ban any new marijuana

businesses and phase out old ones in unincorporated areas of the county.

“Unfortunately, for whatever reason, the district attorney in San Diego

County has historically fought a rearguard action against the changing norms

and laws as represented by the democratic enactment of propositions

regarding medicinal, and now recreational use of marijuana,” Iredale said.

“[The DA’s office], whether it be subtle, or expressed, are being pressured by

political forces within the Board Supervisors who have shown disdain for the

law that the people voted for overwhelmingly,” Crowley said, “They are using

their own political views to thwart what the people voted for.”

Felsen, who has years of experience as a cannabis attorney, is used to seeing

the DA come down hard on the cannabis industry, recalling aggressive

prosecution toward minor cases. Raids on medical marijuana dispensaries

were common throughout Dumanis’ term as district attorney.

The DA’s office is simply upholding the law, said spokeswoman Tanya Sierra.

“The DA’s Office will enforce the letter and the spirit of the new law, which

includes protecting safe access to marijuana and protecting consumers from

illegal business practices that could jeopardize public health,” Sierra wrote in

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http://www.voiceofsandiego.org/topics/news/san-diego-das-prosecution-of-pot-attorney-has-sent-chills-through-the-legal-community/ 7/9

an email.

Sierra said the Med-West case isn’t really about marijuana.

“It’s about safe access and a company that used toxic chemicals and

pesticides in their products, potentially putting consumers’ health at risk,”

Sierra said. One of the charges against Med-West is the chemical extraction

of THC using “flammable, volatile and/or toxic chemicals,” a process

outlawed by a state health code.

Part of the DA’s strategy to waive McElfresh’s attorney-client privilege has

been to turn to federal law. Marijuana remains illegal at the federal level

under the Controlled Substances Act.

Yet Halgren, the judge who presided over the July 7 hearing, said that federal

law would not be considered in the case, since the search warrant was

written under state and local provisions.

In a July 21 hearing, Del Portillo, the deputy DA, tried to argue that the search

of the computer should be treated like a file cabinet, using broad terms like

“ethanol” and “THC” or “marijuana” as search terms, to draw out any

evidence.

Iredale argued such a search would be too broad and would put all of

McElfresh’s past clients at risk of forfeiting their privilege.

Halgren sided with Iredale, saying that the “starting point” was to limit the

search of the computer to the names and entities specified in the warrant

with the exception of McElfresh’s name. Halgren added that the prosecution

would be able to argue for other search methods in future hearings. All data

collected in the search has been under review by a neutral, third-party

expert assigned by Halgren to decide whether items are privileged.

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Though the preliminary method of how to search McElfresh’s records was

decided, Halgren said the court would revisit the prosecution’s argument on

the crime-fraud exception in light of Rogers’ ruling on the April 2015 email

between McElfresh and Slatic.

Iredale called the prosecution’s attempts to reach into McElfresh’s privileged

conversations an “excessive overreach,” “unprecedented,” “truly

extraordinary” and “frightening.” Though Iredale said he feels like he

successfully preserved McElfresh and her clients’ confidentiality, some

remain skeptical.

Omar Figueroa, a cannabis attorney and law ethics professor, took the trip

from his offices in Sonoma County to attend the July 7 hearing to support

McElfresh. He said that even with Halgren’s ruling limiting the scope of the

computer search, he fears an appellate court could side with the DA, if it

reaches that point.

For Austin, it’s still a “wait-and-see” situation. “We would hope the judicial

system will work the way it’s supposed to work. We would hope that it goes

the way you would want to see those protections and not have the chilling

effect on the clients,” she said.

This article relates to: Marijuana

(http://www.voiceofsandiego.org/category/all-narratives/marijuana/), Must

Reads (http://www.voiceofsandiego.org/category/must-reads/), News

(http://www.voiceofsandiego.org/category/topics/news/)

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8/14/2017 San Diego DA’s Prosecution of Pot Attorney Has Sent Chills Through the Legal Community - Voice of San Diego

http://www.voiceofsandiego.org/topics/news/san-diego-das-prosecution-of-pot-attorney-has-sent-chills-through-the-legal-community/ 9/9

Written by Jonah Valdez (http:///author/jonah-valdez)

Jonah Valdez is a freelance reporter based in San Diego, but is ready to travel

wherever a story may lead. You can contact him via email at

[email protected] (mailto:[email protected]) and follow him

on Twitter @jonahmv (http://twitter.com/jonahmv).

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8/15/2017 Disclose Act, now broken apart, still vital to public trust – Press Enterprise

http://www.pe.com/2017/08/15/disclose-act-now-broken-apart-still-vital-to-public-trust/?utm_source=dlvr.it&utm_medium=twitter 1/3

By THOMAS D. ELIAS | Press-EnterpriseAugust 15, 2017 at 12:02 am

AP Photo/Rich PedroncelliThe dome of the state Capitol glows in the early evening Wednesday, Aug. 31, 2016, in Sacramento, Calif.

“Give light and the people will �nd their own way.”

— longtime slogan of the now-defunct Scripps Howard Newspapers group.

The essence of that motto, written early in the last century, was a strong belief that if Americans know enough about an issue or politician

or political choice, they will act in their own self-interest.

Sadly, this conviction has not been tested much in recent years. The advent of social media like Facebook, Twitter and Instagram provides

Americans and others with more information than ever, but much of it is bogus, what President Trump likes to call “fake news.”

OPINION

Disclose Act, now broken apart, still vital to publictrust

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Especially since out�ts like Scripps Howard and the Knight publishing company disappeared from the landscape, along with many family-

owned newspapers, there’s less of the reliable, hard news that reporters can gather only by expending shoe leather and persistence.

ADVERTISING

And since the 2010 Citizens United decision by the U.S. Supreme Court, it’s been dif�cult for anyone to know the true funders of the

frequent messages, commercials and other ads conveyed via television, radio, social media and those newspapers that still try to inform

the public.

That’s why for much of this decade, the most important proposal before the California Legislature has been a bill known as the Disclose

Act, most actively pushed by an organization called the Clean Money Campaign.

As �rst conceived, this proposed law would require disclosure of the leading funders of all political advertising and ballot initiative

petitions in large letters, one version of the idea demanding those names be listed in lettering that matches the largest type used anywhere

else in the same advertisement.

This plan has now been broken apart a bit. One part, covering only initiative petitions, passed both the state Senate and a key Assembly

committee before the Legislature’s annual midsummer break. This one would force all initiative petitions to carry the names of their three

top funders in large letters in a prominent location. It would also not allow big-money interests to hide behind vague committee names

like “Californians Against New Taxes” or the like.

But once an initiative makes the ballot, becoming an actual proposition, there would be no more such information. So-called “dark money”

contributors could go back into hiding.

But not if another part of the proposal should pass. This bill, carried by former Democratic Assemblyman Jimmy Gomez of East Los

Angeles until his summertime election to Congress, would require large-letter donor disclosures in all ads for both candidates and

propositions.

While there appear to be few obstacles to eventual passage of the bill covering initiative petitions, the outlook may not be as rosy for its

wider-ranging companion.

When Gomez le� for Congress, there was temporarily no legislative sponsor for this measure. Only at the last moment did the Senate Rules

Committee, led by Democratic Senate President Kevin de León of Los Angeles, OK a bid by San Mateo’s Democratic Assemblyman Kevin

Mullin to be the necessary sponsor.

The fact this non-dispute went on awhile cost the bill precious time, reducing chances passage this summer. It’s true there’s some potential

for it to pass this fall or next year, but next year is an election year and labor unions which fund many Democratic campaigns oppose this

plan.

So it’s safe to say the real meat of the Disclose Act — prominent disclosure of the largest contributors in all political ads — is not exactly a

high priority for de León and other legislative leaders, even though he and others nominally support the idea.

Fully 12,000 persons petitioned the Rules Committee to allow Mullin to become the latest Disclose Act sponsor, with 1,500 persons

telephoning the committee, too. It will likely take much more support than that to push this idealistic measure through a Legislature still

patting itself on the back for extending cap-and-trade environmental tactics to cut greenhouse gases.

Which very likely means yet another election season will go by without a thorough test of that old Scripps Howard motto.

Thomas D. Elias is a writer in Southern California.

Tags:  Opinion Columns

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8/14/2017 Watchdog says L.A. Sheriff's Department collects flawed data, reports inaccurate statistics - LA Times

http://www.latimes.com/local/lanow/la-me-sheriff-statistics-20170808-story.html 1/3

T

Watchdog says L.A. Sheriff's Department collectsflawed data, reports inaccurate statistics

By Maya Lau

AUGUST 8, 2017, 8:45 PM

he Los Angeles County Sheriff’s Department uses flawed methods to collect data about violence in

county jails that result in unreliable and in some cases inaccurate statistics published internally and

in public reports, according to the agency’s principal watchdog.

Inspector General Max Huntsman said his 17-page report, released Tuesday, calls into question whether the

department “is in control of itself” as it continues to implement reforms a few years after an abuse scandal

rocked the nation’s largest jail system.

“They themselves said that they didn’t believe their own data,” Huntsman said. “If they can’t assess themselves,

and if they can’t tell us what’s going on in their own department, then we can’t assess them.”

Los Angeles County Sheriff Jim McDonnell (Allen J. Schaben / Los Angeles Times)

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Huntsman said his review was prompted by questions earlier this year from the Los Angeles Times about why

the department was reporting inconsistent numbers of inmate-on-inmate assaults.

The department told the newspaper this past spring it could not stand by the inmate assault statistics it had

previously issued to the paper and to the inspector general’s office — which had already published the numbers

in a few of its reports — and that it would review its data systems.

Huntsman’s office found the department tracks jail incidents using various types of software that are

incompatible with one another and sometimes allow for duplicate entries and other times enable multiple

events to be listed as one, among other errors.

As a result, the numbers that the department collects for its internal records versus the statistics it reports to

outside agencies can diverge significantly.

In one example cited by Huntsman, the department recorded in an internal report that there were 382 inmate-

on-staff assaults in 2015, but the department told the office of inspector general there were 464 of those

assaults that year. The inspector general described this as a 17.7% variance.

In 2012, the Citizens’ Commission on Jail Violence voiced similar concerns, saying that the department relies

on antiquated, incompatible systems to track uses of force and that it should replace those methods with a

uniform, comprehensive data tracking system.

Sheriff Jim McDonnell, then chief of the Long Beach Police Department, was one of seven members of that

citizen’s commission.

Assistant Sheriff Kelly Harrington said he agreed with many of the inspector general’s findings and that the

department would be better served by an integrated jail data system with one repository for information.

But Harrington, who oversees the department’s jails and previously served as a director in the state correctional

system, said creating a streamlined jail management system “has not been a top priority” in the year and a half

he’s been with the Sheriff’s Department.

He emphasized, however, that the trend line on severe or inappropriate uses of force by guards — arguably the

most important metric to examine in the wake of the jail abuse controversy — is indeed down.

“Those issues aren’t happening in the jails, and if they are, those individuals responsible are being held

accountable,” Harrington said.

Peter Eliasberg, chief counsel at the ACLU of Southern California, which monitors the jails, agreed that “brutal,

heavy-handed assaults” by guards in which inmates’ teeth are kicked in or jaws shattered appear to no longer be

a common feature in the county’s jails.

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But Eliasberg said it’s still critical for the department to collect precise data about all types of jail incidents,

including minor uses of force by guards, inmate-on-inmate assaults and inmate-on-staff assaults. Even

relatively small fluctuations in those statistics, such as a 5% rise or drop, can signal the need for officials to

examine problems more closely.

Miriam Krinsky, a former federal prosecutor who served as the executive director of the 2012 commission, said

the inspector general’s report underscores the continued need for oversight of the Sheriff’s Department.

“Any law enforcement agency can only improve what it knows and what it tracks,” she said.

Huntsman’s report recommends that there be a single unit in the department responsible for compiling and

verifying all jail violence data in order to generate more accurate information.

[email protected]

Twitter: @mayalau

Copyright © 2017, Los Angeles Times

This article is related to: Law Enforcement, L.A. County Sheriff's Department

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8/15/2017 On criminal justice reforms, L.A. County should look forward, not back: Guest commentary

http://www.sbsun.com/opinion/20170814/on-criminal-justice-reforms-la-county-should-look-forward-not-back-guest-commentary&template=printart 1/2

San Bernardino County Sun (http://www.sbsun.com)

On criminal justice reforms, L.A. County should look forward, not back: Guestcommentary

By Lenore Anderson

Monday, August 14, 2017

Today, Californians of pretty much all walks of life agree: The state’scriminal justice system has been broken for decades. For at least 20years, it was commonplace for lawmakers to churn out “tough” crimepolicy that drove prison populations and budgets up and starvedinvestments in crime prevention and rehabilitation. Excessiveimprisonment and prison spending delivered high recidivism rates anddestabilized communities far more than they delivered any publicsafety benefit.

Taxpayers now spend billions on a behemoth set of criminal justicebureaucracies that are largely ill-equipped to effectively stop crime

cycles or prevent crime in the first place.

Voters are well aware of this structural problem, and overwhelming majorities approved various recent justicereforms to begin changing course. There is still a long way to go.

Despite strong data on what works better than incarceration-first policies — community outreach and lawenforcement partnerships; risk-based graduated sanctions; supervised probation combined with substance abusetreatment; behavioral health courts; and more — most justice systems remain stuck in the dysfunctionalpractices of the past.

There is perhaps no greater responsibility of local government than protecting public safety. Yet, too often,public officials are quick to respond to public safety problems by questioning justice reforms, instead ofcompleting what those reforms started: the long-overdue task of replacing the broken justice system withevidenced-based community safety solutions.

The recent proposal from Los Angeles County Supervisors Kathryn Barger and Janice Hahn is familiar in thatregard. On Tuesday,the Board of Supervisors will deliberate on their proposal to establish a commission taskedwith examining the impacts of recent justice reforms on public safety in Los Angeles County. namely thoseenacted under Propositions 47 and 57 and Assembly Bill 109. Undercutting recent reforms, instead of addressingdecades-old dysfunctional and imbalanced approaches to safety, is a missed opportunity.

Public safety challenges in Los Angeles are real and must be addressed. However, the question is not what’swrong with reforms attempting to correct problems, but what the county can do to effectively effectuate recentreforms — and go even farther.

Looking beyond tradition, officials will find that community leaders and crime experts alike have known formany years what works. Powerful and effective programs like the Watts Gang Task Force, where lawenforcement and community street intervention teams work together to address violence at the neighborhoodlevel; or the Community Collaborative Court in Compton that combines case management with treatment and

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8/15/2017 On criminal justice reforms, L.A. County should look forward, not back: Guest commentary

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court supervision; or The Long Beach Trauma Recovery Center that’s providing wrap around support for crimevictims and their families, reducing crime and empowering communities in the process.

Scaling these types of programs, as well as investing in the county’s substance abuse and mental healthtreatment infrastructure, and transitional housing and job training for people exiting the justice system are allstrategies that need immediate attention. The need to scale what works and fill gaps in the communityinfrastructure has been apparent for many years.

In addition to asking a different set of questions, local officials should seek to bring together a broader set ofstakeholders. While law enforcement is key, as the best leaders in law enforcement often say, law enforcementalone cannot solve public safety problems. Community leaders, crime survivors, formerly incarcerated people,and leaders in public health, substance abuse recovery and economic development must be elevated and enrolledif we are serious about solutions.

When the Board of Supervisors meets on Tuesday, instead of seeking to return to the failed policies of the past, amore productive conversation would be focused on how to effectuate the reforms that have already beenadopted, and how to finally invest in a crime prevention and treatment infrastructure that can create the safe andhealthy communities we all desire.

Lenore Anderson is executive director of Californians for Safety and Justice, a non-profit organization based inOakland.

URL: http://www.sbsun.com/opinion/20170814/on-criminal-justice-reforms-la-county-should-look-forward-not-back-guest-commentary

© 2017 San Bernardino County Sun (http://www.sbsun.com)

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California and San Francisco suing Trump

administration over 'sanctuary cities' funding

fight Patrick McGreevy

San Francisco City Atty. Dennis Herrera, left, shakes hands with

State Atty. Gen. Xavier Becerra after they announce lawsuits against Trump administration (AP Photo/Marcio Jose Sanchez)

California and San Francisco officials said Monday they are suing the Trump

administration, alleging federal threats to withhold funding from “sanctuary

cities” are unconstitutional and violate the rights of residents.

Atty. Gen. Xavier Becerra said the state and local jurisdictions in California

this year received $28 million in law enforcement grants from the federal

government, money that could be withheld in the future. He said President

Trump's push to end the funding is "bullying."

“It’s a low blow to our men and women who wear the badge, for the federal

government to threaten their crime-fighting resources in order to force them

to do the work of the federal government when it comes to immigration

enforcement,” the attorney general said at a San Francisco news conference.

A state lawsuit was filed. It will be coordinated with a similar lawsuit already

filed by the city of San Francisco, Becerra said.

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The lawsuits challenge as unlawful new conditions that would require cities to

provide federal immigration officials access to local detention facilities to

interrogate any immigrants suspected of being in the country illegally.

The lawsuits also challenge a condition that cities provide the Department of

Homeland Security with 48 hours’ notice before releasing an individual

identified by immigration officials.

"This is a back-door attempt to coerce states and local governments to carry

out federal immigration enforcement," said San Francisco City Atty. Dennis

Herrera.

"Our police and deputies are focused on fighting crime, not breaking up

hardworking families."

The lawsuit says the conditions "do not appear in any federal statute, and they

do not reflect the will of Congress in appropriating funds."

"To the contrary, the new conditions are simply the latest attempt by the

Trump Administration to coerce state and local jurisdictions into carrying out

the federal government’s immigration enforcement priorities," reads the

lawsuit, which was filed against U.S. Atty. Gen. Jeff Sessions and the U.S.

Department of Justice.

Federal law enforcement grants to the city would be jeopardized if it does not

certify that its laws comply with federal requirements.

UPDATE

11:10 a.m.: This article was updated throughout with additional details from

the news conference featuring Atty. Gen. Xavier Becerra and San Francisco

City Atty. Dennis Herrera.

This article was originally published at 10:10 a.m.

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8/14/2017 Auditor says Calaveras County must pay back misspent funds;

http://www.uniondemocrat.com/localnews/5510936-151/auditor-says-calaveras-county-must-pay-back-misspent 1/5

Published Aug. 10, 2017 at 09:07PM

Auditor says Calaveras County must pay back misspent funds

Union Democrat (www.uniondemocrat.com)

The Calaveras County Board of Supervisors must reimburse the Marijuana Urgency

Ordinance regulatory fund for misspent expenditures by the Calaveras County Sheriff’s

Office or the county faces being sued by marijuana cultivators, Calaveras County Auditor-

Controller Rebecca Callen said Thursday.

Callen did not have a firm number about how much must be repaid, but said the $6.8

million in Measure C tax dollars would provide “adequate funds to pay for all of this.”

The last opportunity for the supervisors to reimburse the fund from the General Fund

before the final submission of the 2016-17 budget, she said, will be during the next

meeting on Aug. 22.

“All we are asking is that they use the restricted funding in the manner that it was meant

to be used,” she said. “Ultimately it would be the county who would be responsible for

paying back any money that would have been used with discretionary funds, which hurts

the whole county.”

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In 2016, Calaveras County took in about $3.7 million from 737 marijuana cultivators

seeking permits to operate in the county.

The money was designated for administrative costs related to the ordinance, such as

regulatory inspections, background checks for the applicants or other payments

associated with the registration process.

According to an Auditor’s Office urgency ordinance expenditure document, the Calaveras

County Sheriff’s Office spent $1,024,068.21 from May 1, 2016 through June 30, 2017 on

salaries, uniforms, equipment, dispatch and jail staff.

And though the itemized figures don’t indicate where urgency ordinance funds were

spent on criminal investigation enforcement, the evidence is in the “details,” Callen said.

“There are some costs that stem from salary costs that do not stem from the regulation.

They stem from law enforcement purposes but not from cannabis and the regulatory

ordinance,” she said.

Callen referred to some of the law enforcement operations as “peripheral crimes,” or

crime that was uncovered as a result of the urgency ordinance operations but did not fall

under the purview of the designated ordinance funds.

In a press release made public on Thursday, Sheriff Rick DiBasilio said that the “Sheriff’s

Office is dedicated to following the law regarding the use of funds,” and had been made

“aware of the concerns” about the “use of certain funds for eradication activities.”

After “useful negotiations to resolve differences in the interpretation of applicable law,”

the issue had been “addressed and resolved” in anticipation of the Calaveras County

Board of Supervisors meeting on Aug. 22, he said.

DiBasilio could not be reached for comment on the press release.

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The claims of the misspent funds followed in the wake of Operation Terminus, a

cooperative effort with the Calaveras County Sheriff’s Office and other state agencies to

stamp out illegal marijuana cultivation operations in violation of state environmental

codes.

As of last week, Operation Terminus had resulted in the arrest of 35 people across the

county and the seizure of 28,650 pot plants, over 30 tons of unprocessed marijuana,

cash, firearms and opium pods.

Calaveras County Administrator Tim Lutz said he believed the Sheriff’s Office was

“operating within the parameters of the urgency ordinance” but acknowledged the “gray

area” of the Sheriff’s enforcement operations as it pertained to the peripheral crimes.

“We need to identify, draw the line, when is this truly regulatory and when is this

enforcement of our local laws and going against the problematic growers,” he said.

The fiscal year, from July 1, 2016 to June 30, 2017, was Calaveras County’s first year

operating under the urgency ordinance, he said, but they still lacked “firm direction”

from the Calaveras County Board of Supervisors about which Sheriff’s Office operations

were to be funded by the restricted urgency ordinance fund, and discretionary dollars

acquired from the Measure C cannabis farming tax.

“I think the challenge has been a lack of defined policy from the board of here's the line in

the sand,” he said.

An additional $1,261,002.44 was spent over the fiscal year by a variety of county agencies

tasked with evaluating the permit applications from marijuana cultivators, including the

County Administrator’s Office, the Building Department and the Planning Department,

an Auditor’s Office document said.

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A typical regulatory operation for a grow site, Lutz said, involved the Planning

Department determining if a site met the conditions set by the urgency ordinance, the

Building Department checking the area for structure, generator and electrical system

code compliance and the Sheriff’s Office conducting background checks on applicants,

Lutz said.

“The challenge with this ordinance is it really transcends so many departments, you have

a lot of different departments that are doing pieces of this,” Lutz said.

If the permits are denied and the grow must be “abated,” Lutz said, the role of the

Sheriff’s Office becomes ambiguous and circumstantial based on the context of a specific

operation. The Sheriff’s Office provides “support and security” for county staff at an

abatement operation, but if other criminal factors are identified on the site such as illegal

weapons, domestic violence or human trafficking, it is unclear whether Sheriff’s

resources responding to the crimes should be funded by the ordinance or the Sheriff’s

budget.

Callen said after conferencing with the County Counsel the answer was really not so

ambiguous at all: anything paid for with regulatory dollars that had to do with

“investigations, jail costs, dispatch costs and anything that didn't really have anything to

do with the regulatory program,” must be repaid with General Fund money into the

ordinance fund.

Both Callen and Lutz agreed that the risk of potential litigation against the county was

immense if the board did not determine a budgetary solution during the Aug. 22 meeting.

“They will have a legal basis to do so unless the corrective action is taken,” Callen said.

Lutz said that potential litigation was focused on the concept of an illegal, or “hidden” tax

outlined in California Proposition 26 (2010).

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“As the county and the board continues to grapple with the reality of the fallout of the

implementation the emergency ordinance, it now comes down to making sure that

everything that is spent is justified,” he said.

The Aug. 8 board agenda said a closed session concerned a “conference with legal

counsel” and acknowledged both “anticipated litigation” and “significant exposure to

litigation.”

Callen said that after reading DiBasilio’s press release, she believed the board would

pursue corrective action.

Callen added that the sheriff would not be subject to any consequences if litigation did

happen. It was the responsibility of the Board of Supervisors to “fund accordingly” an

ordinance they approved, she said.

But another issue would have to be addressed with the adoption of the 2017-18 budget,

Callen said.

Budgeted for 2017-2018 was $3 million for the regulatory ordinance, when about $1.4

million dollars of the original $3.7 million acquired from the permit applications.

“At this point if we were going to continue the cannabis urgency ordinance the general

fund would have to pay for the bulk of the program because there is not enough fee

dollars remaining to pay for the program,” she said.

Contact Giuseppe Ricapito at (209) 588-4526 or [email protected] . Follow

him on Twitter @gsepinsonora.