12/27/2016 Supervisors endorse new Vision2BActive initiative to encourage physical activity by local residents - Fontana Herald News: News

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Supervisors endorse new Vision2BActive initiative toencourage physical activity by local residentsPosted: Fr iday, December 23, 2016 3:09 pm

The San Bernardino County Board of Supervisors recentlyendorsed Vision2BActive, a new campaign designed toencourage physical activity with the goal of improving healthand wellness in the county.

Only 23 percent of San Bernardino County adults and 34percent of youth get the recommended amount of physicalactivity, according to the most recent data from the CaliforniaHealth Interview Survey.

In its 2008 issuance of "Physical Activity Guidelines forAmericans," the U.S. Department of Health and HumanServices recommended adults get 150 minutes a week ofphysical activity and children ages 5 to 17 were encouragedto move at least 60 minutes a day.

"We know that a healthy community means a prosperouscommunity and that's why we support Vision2BActive," said James Ramos, chairman of the Board ofSupervisors. "I encourage residents to make the time to be physically active and take advantage ofopportunities to play in the county's parks, lakes, deserts and mountains. Let's welcome 2017 with a NewYear's Resolution to get healthy."

In Fontana, city leaders have received national recognition for the Healthy Fontana program, whichencourages residents to exercise by participating in events such as Let's Move on the Trail, which takesplace along the Pacific Electric Trail in October.

Vision2BActive supports the public's vision for a "complete community," especially the jobs and theeconomy, education, wellness and public safety elements of the community. It is a public campaign of theCommunity Vital Signs effort, which has completed an in-depth analysis of the current health of the county,developed evidence-based goals and priorities, and gathered resources to assist organizations and agenciesin the county to develop or enhance programs and policies to better meet the health and wellness needs ofresidents.

"Regular physical activity can produce a variety of long-term benefits for residents regardless of their age,background or abilities," said Felisa Cardona, deputy public information officer for the county.

Physical activity can be fun and includes the easiest movement, such as walking or throwing a ball around,to the most challenging exercise, like running or mountain biking, Cardona said.

Let's Move on the Trail

These U.S. Naval Sea Cadeta were some ofthe participants in the Let’s Move on theTrail event in Fontana in October. Theevent promotes good physical fitness.

12/27/2016 Supervisors endorse new Vision2BActive initiative to encourage physical activity by local residents - Fontana Herald News: News

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Throughout the campaign, will serve as a resource and provide residents withinformation about physical activity events, fitness tips and a GIS map featuring places to be active in thecounty.

Vision2BActive.com

"On Jan. 7, all San Bernardino County residents are encouraged to get their New Year's Resolutions startedand participate in the Vision2BActive Challenge," Cardona said. "Post a photo or video or livestream aphysical activity such as gardening, walking, or playing basketball on social media using #Vision2BActiveand challenge three friends to participate. Posts will be shared on Facebook at San Bernardino CountywideVision or on Twitter and Instagram.

12/27/2016 County's homeless housing efforts get $10M boost

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FridayPosted Dec 23, 2016 at 9:29 AMUpdated Dec 23, 2016 at 11:28 AM

By Shea Johnson Staff Writer

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SAN BERNARDINO - The county's ongoing battle to reduce homelessnessreceived a $10.3 million boost, officials announced this week.

The U.S. Department of Housing and Urban Development to

support homeless housing and service programs throughout the region, officialssaid Tuesday. The county's housing authority, which serves over 30,000individuals a year with permanent housing and support, received the biggestslice of the funding - $3.5 million.

"What we are seeing is a unified, community-wide effort to promote self-sufficiency among individuals and families experiencing homelessness," said JosieGonzales, a county supervisor and the chairwoman of the Interagency Councilon Homelessness. "The county took the lead by embracing the Housing Firstmodel, providing permanent housing as quickly as possible and then providingnecessary wraparound supportive services.

"There is still much work to be done and these grants will enable us to minimizethe trauma caused by dislocation."

A March report showed that homelessness dipped 12 percent countywide in2015, which county officials touted as a signal that a 10-year strategy to put adent in the problem has been effective. The county has focused largely on ending

County's homeless housing efforts get $10M boost

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veteran homelessness and more recently shifted to include differentdemographics like young adults and single mothers.

Two groups the county has partnered with as it seeks to curb homelessness isKnowledge, Education for Your Success, Inc. (KEYS) and Step Up. Fortyfamilies benefit each year from KEYS' supportive services and Step Up DirectorKimberlee Albers said her group's share of funding should help house 31 morepeople.

KEYS received more than $500,000 while Step Up garnered nearly $2 million,officials said.

"It's important to emphasize that this is new funding, new dollars for SanBernardino," said Albers. "We're thrilled to be a part of being able to bringadditional resources to fight chronic homelessness in the area."

Interested agencies participate in a competitive grant application process forfederal funds available through HUD's Continuum of Care (CoC) program.

Shea Johnson can be reached at 760-955-5368 or. Follow him on Twitter at

.

12/27/2016 Print Article: Riverside County Supervisor John Benoit dies at 64

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Riverside County Supervisor John Benoit dies at 64By JEFF HORSEMAN2016­12­26 23:05:01

Riverside County Supervisor John Benoit died Monday night, Dec .26 atage 64, his office announced.

Benoit, who had been battling pancreatic cancer, "passed awaypeacefully this evening at his home in Bermuda Dunes," according to acounty news release. His death came one day shy of his 65th birthday,said Michelle DeArmond, Benoit's chief of staff.

In November 2016, Benoit announced he would be scaling back hisworkload as supervisor after a CT scan uncovered a growth on hispancreas and spots on his liver and lungs. He later was diagnosed withadvanced pancreatic cancer.

Benoit’s current term expires at the end of 2018. By law, Gov. JerryBrown has the sole authority to appoint Benoit’s successor.

Benoit represented the Fourth District on the county Board ofSupervisors. The district of more than 400,000 residents stretches fromthe Coachella Valley to Blythe and is geographically the largestsupervisorial district – almost 5,000 square miles ­­ in Riverside County.

A sizable portion of the district’s population is Latino, making Benoit’sability to communicate in Spanish an asset. He learned Spanish through

immersion programs in Mexico and Costa Rica.

Benoit graduated from Notre Dame High School in Riverside as well as Riverside City College. He also earneda bachelor of science degree in public safety from Cal State Los Angeles and a master’s in public administrationfrom Cal State San Bernardino. He also attended the FBI National Academy.

Before embarking on a political career, Benoit spent 31 years in law enforcement, starting with the CoronaPolice Department before working for the California Highway Patrol.

He worked patrols in Los Angeles, Sacramento and Bakersfield before settling in the Coachella Valley in 1988after being promoted to commander of the CHP’s Indio Station. Benoit retired from the CHP in 2001.

Benoit’s first elected office was as a board member of the Desert Sands Unified School District. In 2002, he ranfor state Assembly as a Republican and served three terms in that chamber before being elected to the stateSenate in 2008.

While in Sacramento, Benoit was able to get 40 bills signed into law, according to the biography on hissupervisorial website. Among them is “Aryanna’s Law,” which requires childcare centers to disclose health andsafety violations.

Unlike other state lawmakers, he skipped the routine of flying commercially, instead piloting his own privateplane. At one point, Benoit was one of just two licensed pilots in the Legislature. Benoit, who earned his pilot’slicense through flying lessons at Rubidoux’s Flabob Airport in the 1970s, often gave rides to other lawmakers.

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He received legislator of the year honors from the California School Boards Association, the SchoolTransportation Coalition, the California Narcotics Officers’ Association and the Chief Probation Officers ofCalifornia.

In 2009, then­Supervisor Roy Wilson stepped down unexpectedly, citing his declining health. Before he passedaway that August, Wilson asked his fellow supervisors to endorse Benoit as his replacement.

In November 2009, then­Gov. Arnold Schwarzenegger appointed Benoit to serve the remainder of Wilson'sterm. "As an experienced elected official and former public safety officer, John J. Benoit has a proven history ofdedicated public service and is absolutely the best person to fill this important position," Schwarzenegger said atthe time.

Benoit was interested in becoming supervisor because he felt he could accomplish more at the local level. “It isjust a fascinating position,” he said in 2011.

He won a full four­year term in 2010 by beating former Palm Springs Police Chief Gary Jeandron and was re­elected in 2014 with 57 percent in defeating then­Assemblyman V. Manuel Perez.

As supervisor, Benoit spearheaded a requirement that candidate for county elected office file their reportselectronically, a move aimed at boosting transparency.

Benoit invited the national immigration debate into the board chambers in February 2013, when he co­sponsored a resolution with Supervisor Marion Ashley endorsing a path to citizenship for undocumentedimmigrants.

Benoit also pushed for the county to abandon plans to build a jail in Whitewater after residents in his districtobjected. And he helped secure state money for new housing for residents who lived in a dilapidated mobilehome park in the desert.

The board approved the resolution following often­emotional testimony from members of the public on bothsides of the issue. At one point, Benoit spoke in Spanish, prompting an anti­illegal immigration activist todemand he speak in English.

One of the most controversial issues to arise during Benoit’s tenure was Liberty Quarry, an open­pit mineproposed for the hills above Temecula. Supervisors initially rejected the quarry in 2012, but Benoit, a quarrysupporter, managed to resurrect the project and put it on a planning fast­track.

That angered then­Supervisor Jeff Stone, who represent the district where the quarry would be built. Stone, aquarry foe, accused Benoit of meddling in his district and started intervening in land­use projects in Benoit’sdistrict.

A land deal with the Pechanga Band of Luiseno Indians scrapped the quarry, and Benoit and Stone later settledtheir differences.

Benoit also was a strong advocate for pet adoptions. He and his wife paid the adoption fees on the first 50 petsadopted out of the county’s desert animal shelter during the “Benoit50” adoption event in September 2016. Thecouple also adopted two dogs and a cat.

Benoit also made it a point not to take a strictly partisan view on matters. In October 2016, he defended hisendorsement of state Sen. Richard Roth, D­Riverside, despite a county GOP policy that barred electedRepublicans from endorsing Democrats.

“I think our goal should be to broaden our approach, not draw lines in the sand,” Benoit said at the time. “I'velived my life believing in free enterprise and the value of an economy based on competition. ... There are timeswhen good people rise and share the same values even though there's a 'D' in front of their name.”

As supervisor, Benoit also served on the board of the South Coast Air Quality Management District, which isresponsible for smog control in all or parts of Los Angeles, Orange, Riverside and San Bernardino counties.

Benoit’s other community service included stints as president of the United Way of the Desert and the IndioRotary chapter. He also served as a volunteer fire captain with the Sunset­Whitney Fire Department.

Benoit is survived by wife Sheryl, whom he married in 1978, two children, Sarah and Ben, two grandchildren,and two brothers. Ben Benoit is a Wildomar councilman.

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Plans for funeral services will be forthcoming, according to Benoit's office.

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12/27/2016 State Orders Lower Lake Level - Mountain News : News

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State Orders Lower Lake LevelBy Mike Harr is, Editor | Posted: Thursday, December 22, 2016 9:30 am

Even though the state’s Division of Safety of Dams orderedthe county to temporarily lower Lake Gregory’s water levelby another two to three feet, the county said the lake’sbeaches will remain viable for the public to use this summer.

Given the 80-year-old earthen dam’s need for seismicreinforcement, the state’s standards of safety calls for thelevel to be no higher than five feet below the spillwayelevation. The lake currently sits at two to three feet belowthe spillway.

“I am disappointed that the state is mandating the loweringof Lake Gregory, but I understand the state believes it isnecessary for public safety,” said Second District SupervisorJanice Rutherford. “During my discussions with stateofficials there was talk of lowering Lake Gregory by as muchas 20 feet, so I’m thankful the mandate didn’t go even further and that the five-feet reduction will haveminimal impact to the swimming areas.”

Although lowering the lake will result in a change to the lake’s shoreline, a county spokesperson said theLake Gregory Recreation Company, operator of the lake’s recreational attractions, expects the beaches andswimming areas to continue serving as major attractions, minimizing any effect on tourism and revenue.

The county plans to have the lake at its new temporary level by Jan. 1, the spokesperson said.

The seismic rehabilitation of the Lake Gregory dam is scheduled to begin at the end of summer 2017 andtake an estimated 18 months to complete. Once the work is done, the county can seek state approval torestore the lake to its normal level.

The county is working with California Parks Company, parent organization of the Lake Gregory RecreationCompany, to adapt amenities to the new lake level, she said. The Lake Gregory Improvement Committee(LGIC) will continue meeting with county staff to ensure the dam repair project stays on track and that thecommunity remains informed about its progress.

“The Lake Gregory Dam repair is necessary because there was a construction flaw which makes the damvulnerable in the event of a major earthquake on any of several faults in the area,” said Crestline’s RickDinon, chairman of the LGIC.

While the risk of loss of life is not large, there is some, and also a property risk, he added.

“However, it is also true that if the dam is not repaired properly, the dam could be lost and that could bepermanent given the cost, time and restrictions on rebuilding,” he said. “Regardless of the expense to the

Lake Gregory

Despite having to lower lake levels, countyofficials said Lake Gregory should be aviable county tourist attraction this comingsummer.

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county, the inconvenience to residents and visitors, and the necessary traffic detours, this repair is ineveryone’s best interest and the best course among difficult options.”

Rutherford said she and the county are committed to ensuring that Lake Gregory will remain a viable countytourist attraction despite the lower lake level.

“When I came into office in 2010 I immediately made the dam a priority and we’ve been pushing the statesince then to approve a repair plan,” Rutherford added. “I am committed to completing the project asquickly as possible because it is essential to preserving and protecting Lake Gregory and its recreational andeconomic value to the mountain communities.”

12/27/2016 Relief fund has provided $72K in assistance to Blue Cut Fire victims

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FridayPosted Dec 23, 2016 at 10:19 AMUpdated Dec 23, 2016 at 10:19 AM

By Staff Reports

SAN BERNARDINO - Through a grant provided by the Inland Empire UnitedWay, the Community Action Partnership of San Bernardino County (CAPSBC)has been diligently working to provide disaster relief for victims of the Blue CutFire this holiday season.

The blaze, which began Aug. 16 in the Cajon Pass and burned over 36,200 acres,105 homes and 216 buildings, left many families in need of assistance. In orderfor these families to get the help they need, a Blue Cut Fire Relief Fund wasestablished by the Inland Empire United Way and is being administered byCAPSBC.

Since case management began on Nov. 8, $72,000 has been provided to firevictims for essential services, such as emergency housing, transportation, foodand clothing.

"We are conscientiously working to administer support as quickly as possible,especially with the holidays and colder weather approaching," CAPSBC CEOPatricia Nickols-Butler said in a statement.

Families are also being assisted on a case-by-case basis for the replacement ofproperty loss due to the fires, such as appliances, furniture, tools necessary forcontinued employment and other items that are essential to their livelihood.

Relief fund has provided $72K in assistance toBlue Cut Fire victims

12/27/2016 Relief fund has provided $72K in assistance to Blue Cut Fire victims

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The Inland Empire United Way provided an initial $150,000 in funds to theCAPSBC to administer support to the fire victims. Since then, CAPSBC alsoestablished case management services with 68 families who were impacted.

"Several families of Korean decent also lost their homes and language translationsupport is being used to facilitate communications for all non-English speakers,"Nickols-Butler stated. "Each family has unique challenges and losses, and westand ready to help,"

Several other agencies are also providing support to the fire victims, includingthe San Bernardino County Land Use Services Department, which has debrisremoval services to help families in need.

Additional funding will be made available from the Blue Cut Fire Relief Fund tocontinue fulfilling resident needs over the coming weeks and months.

CAPSBC is continuing to offer case management for assistance on a regular basisat Saint Junipero Serra Church located at 8820 Sheep Creek Road in Phelan.Clients are seen on Tuesdays and Thursdays between 9 a.m. to 3 p.m. For moreinformation, call 909-723-1561 or e-mail .

12/27/2016 Department of Justice gives $4 million to help survivors and families of victims of Dec. 2, 2015 terrorist attack - Fontana Herald News: News

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Department of Justice gives $4 million to helpsurvivors and families of victims of Dec. 2, 2015terrorist attackPosted: Monday, December 26, 2016 9:57 am

Rep. Pete Aguilar (D-San Bernardino) recently announced that the Department of Justice (DOJ) hasawarded $4 million to support short-and long-term needs of Inland Regional Center terrorist attacksurvivors and families of victims as they continue to recover and rebuild in the aftermath of the tragedy thatkilled 14 and seriously injured 22 on Dec. 2, 2015.

“One year later, survivors and victims’ families are still fighting to heal and move forward, so as theynavigate this process it is our responsibility as their leaders and advocates to ensure they have access to thecare they deserve,” said Aguilar. “These federal funds will help, but there is more work to do and I remaincommitted to working with the survivors, my regional partners and local officials to ensure that everysurvivor and family member has the resources they need to recover.”

Two of the victims of the mass shooting in San Bernardino -- Isaac Amanios, 60, and Yvette Velasco, 27 --were Fontana residents.

“The funding from this grant will support the long-term needs of the victims and the San Bernardinocommunity as they continue to recover from the tragic event,” said CalVCB Executive Officer JulieNauman. “We are grateful to OVC for these additional resources which will be put to good use with neededmental health treatment, crisis counseling, peer support training, community resiliency forums and othercritical services that will help victims and their families heal.”

The funds were disbursed through the DOJ’s Anti-Terrorism and Emergency Assistance Program (AEAP) tothe California Victim Compensation Board, which will reimburse San Bernardino County for expenses andprojects funded by the grant.

The grant will help pay for services for survivors and family members including, medical leave, COBRAreimbursement, lost income, mental health care, medical expenses, funeral expenses and rehabilitation.

Additionally, the grant will fund resources that affect the broader community, including monthly resiliencyforums, trauma workshops and mental health treatment for first responders and medical personnel whoplayed pivotal roles in the community’s response to the attack, Aguilar said.

12/27/2016 Print Article: $4 million pledged for terrorist attack survivors, kin of those killed

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$4 million pledged for terrorist attack survivors, kin of thosekilledBy DOUG SAUNDERS2016-12-23 18:13:14

Survivors and family members of those killed in the Dec. 2, 2015, terroristattack at the Inland Regional Center will get the financial support theyneed, according to a statement released Friday.

According to the statement released by Rep. Pete Aguilar, D-SanBernardino, the Department of Justice awarded $4 million to support boththe long-term and short-term needs of the survivors and the familymembers of those who perished in the attack.

Related: San Bernardino terror attack survivors beg officials formedications, treatment

“One year later, survivors and victims’ families are still fighting to heal andmove forward, so as they navigate this process it is our responsibility astheir leaders and advocates to ensure they have access to the care theydeserve,” Aguilar said in the release. “These federal funds will help, butthere is more work to do and I remain committed to working with thesurvivors, my regional partners and local officials to ensure that everysurvivor and family member has the resources they need to recover.”

Complete 1-year anniversary coverage

The funds came from the Department of Justice’s Anti-Terrorism andEmergency Assistance Program to the California Victim Compensation Board, which will reimburse SanBernardino County for expenses and projects funded by the grant, the release stated.

At the time, it was the worst terrorist attack on American soil since 9/11.

On Dec. 2, 2015, San Bernardino became synonymous with many other cities facing terrorism around the worldwhen Syed Rizwan Farook and his wife, Tashfeen Malik, made their way through the Inland Regional Centerbuilding, firing numerous rounds from assault rifles.

When the gunfire subsided, 14 people were dead and 22 wounded.

The terrorists were later killed in a gun battle in San Bernardino.

Contact the writer: dsaunders@scng.comTwitter: @crimeshutterbug

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12/27/2016 $4 million in funding announced for San Bernardino terror attack survivors, family of victims

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Inland Valley Daily Bulletin (http://www.dailybulletin.com)

$4 million in funding announced for San Bernardino ter ror attack survivors, family ofvictims

By Doug Saunders, San Bernardino Sun

Friday, December 23, 2016

SAN BERNARDINO >> Survivors and family members of thosekilled in the Dec. 2, 2015, terror attack at the Inland Regional Centerwill get the financial support they need, according to a statementreleased Friday.

The Department of Justice has awarded $4 million to support both thelong- and short-term needs of the survivors and the family members ofthose who perished in the attack, the statement released by Rep. PeteAguilar, D-San Bernardino, said.

“One year later, survivors and victims’ families are still fighting toheal and move forward, so as they navigate this process it is our

responsibility as their leaders and advocates to ensure they have access to the care they deserve,” Aguilar said inthe release. “These federal funds will help, but there is more work to do and I remain committed to working withthe survivors, my regional partners and local officials to ensure that every survivor and family member has theresources they need to recover.”

The funds came from the DOJ’s Anti-Terrorism and Emergency Assistance Program to the California VictimCompensation Board, which will reimburse San Bernardino County for expenses and projects funded by thegrant, the release stated.

On Dec. 2, 2015, San Bernardino became synonymous with many other cities facing terrorism around the world.That fateful day, Syed Rizwan Farook and his wife, Tashfeen Malik, abandoned their infant daughter and madetheir way through the IRC building, firing numerous rounds from assault rifles.

When the gunfire subsided, 14 people were dead and 22 wounded. At the time, it was the worst terrorist attackon American soil since 9/11.

Later that day on a small stretch of a San Bernardino street, the terrorists were killed in a gunbattle.

URL: http://www.dailybulletin .com/general-news/20161223/4-million-in-funding-announced-for-san-bernardino-terror-attack-survivors-family-of-victims

© 2016 Inland Valley Daily Bulletin (http://www.dailybulletin.com)

12/27/2016 San Bernardino County Sheriff’s Department investigating Trona man’s in-custody death

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

San Bernardino County Sher iff’s Depar tment investigating Trona man’s in-custody death

By John M. Blodgett, Inland Valley Daily Bulletin

Sunday, December 25, 2016

TRONA >> The Sheriff’s Department is investigating how and why a man died Friday soon after being placedin custody inside a patrol car, according to a San Bernardino County sheriff’s news release.

A deputy was dispatched 3:19 p.m. Friday to the 84000 block of 12th Street in Trona after a report of anunwanted subject, the news release states. The deputy found a man matching the description, Jonathan Barrio,35, of Trona, who appeared to be under the influence of an unspecified substance.

Barrio “became combative” when the deputy tried to arrest and handcuff him, but eventually was placed in theback seat of the patrol car and hobbled, the news release states.

Sometime after being hobbled “Barrio experienced a medical emergency and stopped breathing,” the newsrelease states. An unspecified person or persons began administering medical aid and Barrio was brought byambulance to a Ridgecrest hospital, where he was pronounced dead.

Kern County Coroner officials will determine the cause of death, the news release states.

URL: http://www.sbsun.com/general-news/20161225/san-bernardino-county-sheriffs-department-investigating-trona-mans-in-custody-death

© 2016 San Bernardino County Sun (http://www.sbsun.com)

12/27/2016 Authorities investigate in-custody death in Trona - News - VVdailypress.com - Victorville, CA

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MondayPosted Dec 26, 2016 at 9:38 AMUpdated Dec 26, 2016 at 9:38 AM

By Jose Quintero Staff Writer

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TRONA - Authorities are investigating an in-custody death after a Trona manwas pronounced dead Friday afternoon at a hospital in Ridgecrest.

San Bernardino County Sheriff's Department officials said Jonathan Barrio, 35,experienced a "medical emergency and stopped breathing" after becomingcombative with a deputy, who responded to the 84000 block of 12th Street atapproximately 3:19 p.m. for an "unwanted subject."

The deputy arrived and contacted Barrio who matched the description of the"unwanted subject."

"Barrio appeared to be under the influence," sheriff's officials said in a statement."The deputy attempted to arrest/handcuff Barrio, when Barrio becamecombative. Barrio was eventually placed in the back seat of the patrol car and hewas hobbled."

That's when Barrio experienced a "medical emergency and stopped breathing."Barrio was then transported to a hospital by ambulance and was laterpronounced dead.

"Sheriff's Specialized Investigators were called to the scene to conduct theinvestigation," sheriff's officials said. "An autopsy will be conducted by KernCounty Coroner Officials to determine the cause of death."

Authorities investigate in-custody death in Trona

12/27/2016 Authorities investigate in-custody death in Trona - News - VVdailypress.com - Victorville, CA

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The investigation is ongoing and anyone with information is asked to callSheriff's Homicide Detail Det. Nick Clark at 909-387-3589. Those wishing toremain anonymous can call the WeTip hotline at 800-782-7436 or visit

12/27/2016 Print Article: Snow only makes Santa's Village more magical

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Snow only makes Santa's Village more magicalBy JOHN M. BLODGETT2016-12-24 15:43:18

SKYFOREST – Especially on Christmas Eve, SkyPark at Santa’s Villageis even more magical when there’s snow on the ground.

So after about 6 inches fell early Saturday, many families made their wayto the Lake Arrowhead neighborhood of Skyforest to enjoy Santa’sVillage during the recently reopened theme park’s first Christmas Eve inyears.

The beloved tourist destination opened in 1955 – the same year asDisneyland – but closed in 1998.

The snowy weather, which required vehicles without four-wheel drive to use tire chains, didn’t seem to holdpeople back but rather made them more determined to get here, admissions manager Erich Killingsworth said.

By the time people reached Santa’s Village, whatever grimaces they may have had on the wintry drive up gaveway to smiles and upbeat attitudes.

“Today has been the happiest day of the entire season,” he said. “Everybody’s in that legitimate Christmasspirit,” and the snow added just the right touch, he said.

The joyous faces have been a long time returning to the park. Years after its fate appeared sealed with itsclosure in 1998, new owners in 2014 announced a concept for a year-round, 153-acre tourist attraction.SkyPark at Santa’s Village, which opened Dec. 2, is the first attraction; developers hope to add mountain bikingand fly fishing, among other activities.

The original Santa’s Village spawned two franchises. One in Santa Cruz closed in 1979; the other, in EastDundee, Ill., still is open.

J.D. Robinson, a Marine based at Camp Pendleton, arrived about 8 a.m. with his wife and two young boys andwas still laughing and playing with them in the snow almost eight hours later. His boys – J.D. Jr., 2, and D.J., 3– had never seen that much snow and had enjoyed hot cocoa, gingerbread men and riding the monorail.

It was the family’s first visit to the village, and probably not the last.

Naturally, the day’s biggest hit of all was Santa Claus, “the commander in chief himself,” Killingsworth said. Hesat inside Santa’s House as a line of children and their parents, serenaded by Louis Armstrong’s “Cool Yule,”snaked outside alongside park workers scraping snow from the walkway and a juggler tossing red-ribbonedbowling pins.

When asked what he requested of Santa, D.J. Robinson said, “A police car and a policeman and a house.”

And J.D. Jr.? “Whatever his big brother wants, he wants the same,” his dad said.

By late afternoon, the Louie family of Orange had to take a break by a warming fire in the pavilion. They hadcome up for the afternoon with friends.

12/27/2016 Print Article: Snow only makes Santa's Village more magical

http://www.pe.com/common/printer/view.php?db=pressenterprise&id=821744 2/2

“My parents never brought me here (when it was open before),” Brandon Louie said. “I had to wait 18 years forit to reopen to bring my family here.”

His daughter Keira, 6, and son Gabriel, 5, had never seen snow.

“The kids have been dying to get their hands in snow,” Allison Louie said. “The dads have been gettingpummeled (by snowballs).”

Experiencing Christmas as adults with children made the Louies appreciate the holiday in a different way thanwhen they were kids. Allison Louie said having children in tow makes the Christmas season a much more givingtime, while Brandon Louie said it was rewarding to see the joy in Keira’s and Gabriel’s faces.

Robinson, watching his children make snow angels, said he felt really blessed to be at Santa’s Village with hisfamily.

“As a kid my dad didn’t allow me to believe in Santa Claus,” he said. “Now that I have kids of my own, I can letthem believe what they want to believe.”

Contact the writer: jblodgett@scng.comTwitter: @rmhagen

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12/27/2016 Ontario couple paid the price to get treatment for mentally ill son

http://www.sbsun.com/general-news/20161226/ontario-couple-paid-the-price-to-get-treatment-for-mentally-ill-son&template=printart 1/3

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

Ontar io couple paid the pr ice to get treatment for mentally ill son

By Joe Nelson, The Sun

Monday, December 26, 2016

For more than two years, Anthony and Cynthia Hernandez desperatelysought treatment for their mentally ill son to curb his paranoiddelusions and violent tendencies.

Between March 2012 and July 2014, Aaron Dominic Hernandez hadbeen admitted eight times to Canyon Ridge Hospital in Chino forpsychiatric evaluation, only to be released shortly thereafter each time,the longest stay being 12 days.

Noise from passing trucks and planes triggered paranoid fits withAaron, who believed their fumes were poisoning him, his parents said.

In January 2014, a doctor diagnosed Aaron, then 19, as a paranoidschizophrenic.

The Hernandezes pushed for Aaron’s admittance into a psychiatric hospital for long-term care, but they said hewas disqualified because he did not meet the criteria for being “gravely disabled,” meaning doctors felt Aaroncould still function on his own without assistance from his parents or others, and therefore involuntarycommitment to a lockdown facility was unnecessary.

So, the Hernandezes were left to deal with Aaron’s escalating erratic behavior — the violent outbursts, thechronic drug abuse, the voices and noises in his head telling him to kill — on their own.

The turning point came in September 2014, when Aaron took the family’s beloved 10-year-old cocker spaniel,Sandy, into the backyard of their Chino home and beat her to death with a baseball bat, discarding the dog’scarcass in a trash bin at a neighborhood park. Aaron never mentioned it to anyone, and it took his family severaldays to learn the shocking truth about what happened.

The next day, on Sept. 23, Aaron walked into his parents’ bedroom with a baseball bat raised over his head. Ashis father lay in bed surfing the Internet on his new tablet, Aaron said, “I’m sorry dad, but it’s time to die.” Hebeat his father with the bat, then gashed him with a knife from temple to ear.

Covered in his father’s blood, Aaron walked outside, where his mother had flagged down neighbors for help. Hewalked up to his mother, who pleaded with her son to leave before the police arrived, but Aaron only said, “it’sover” and stabbed his mother in the head and neck, missing her carotid artery by an eighth of an inch. The tip ofthe blade broke off and remained lodged in her scalp until it was surgically removed.

The Hernandezes survived the horrific attack, but remain angered by what they say is a severely flawed mentalhealth system that jeopardizes the safety of mentally ill persons, their family members and the public as well.

“You’re just stuck. You have to wait for something bad to happen,” Cynthia Hernandez said during an interviewThursday at her home in Ontario, where she and her husband moved shortly after the incident in September

12/27/2016 Ontario couple paid the price to get treatment for mentally ill son

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2014.

Aaron was charged with felony attempted murder, animal cruelty and inflicting great bodily injury. In July 2015,a San Bernardino Superior Court judge, after reviewing a psychologist’s report, found Aaron not guilty byreason of insanity. Aaron was subsequently admitted to Patton State Hospital, where the musically gifted 21-year-old continues getting the treatment his parents had so long fought for. He is now clean of street drugs and isadministered antipsychotic medication to treat his condition, his parents say.

“I have my son back,” said Anthony Hernandez, who along with his wife remain angered by the fact it tookextreme acts of violence by their son to finally get him admitted into a state hospital for proper treatment.

“It’s so unacceptable,” Anthony Hernandez said. “We should be able to prevent this chaotic, inhumane processwe’ve had in place for decades. It’s un-American. It’s not where we should be as a human species.”

Since the September 2014 attack on them, the Hernandezes have become staunch advocates for mental healthsystem reforms. They have traveled the country telling their story, teaming with other advocates for suchreforms including Rep. Tim Murphy, R-Pittsburgh, whose Helping Families in Mental Health Crisis Act wassigned into law on Dec. 13 by President Obama as part of the 21st Century Cures Act.

Murphy’s legislation will strengthen and pour more funding into evidence-based treatment programs for theseveral mentally ill, expanding assisted outpatient treatment programs and creating for the first time a President-appointed assistant secretary for mental health and substance abuse disorders.

The Hernandezes were among thousands of people Murphy met or made contact with while working on thelegislation.

In a telephone interview, Murphy said President-elect Donald Trump has voiced support for the Cures Act andthat the legislation should go a long way in reforming the mental health care system, but he feels there is stillmore work to be done, much more.

“We did not get everything we needed, but we needed everything we got,” Murphy said. “Now that we have thebill, it’s a matter of getting the funding together for it, putting the parts in place for it, and it’s going to take sometime. And the states are going to have to do some work, too.”

He said the Hernandezes’ story was particularly troubling to him.

“We scratch our heads and wonder why violence occurs with the mentally ill, and it’s because we abandonthem,” said Murphy. “These things can be treated in many cases, but you have to provide treatment.”

The Hernandezes have also been pushing for implementation of Laura’s Law in San Bernardino County, avoluntary, county-funded program that allows for court-ordered assisted outpatient treatment for seriouslymentally ill defendants with a history of psychiatric hospitalizations. The law has been implemented in 11California counties, including Orange and Los Angeles counties, and the city of San Francisco as well.

On Tuesday, the couple appeared before the San Bernardino County Board of Supervisors, pleading with theboard to implement the law here.

“We are the red tape that no one wants to get involved with,” Cynthia Hernandez told the board. “We representthe families that lock their bedroom doors at night in fear that their loved ones will harm them in the middle ofthe night. We are the ones who keep their loved ones in their home even when they don’t feel safe because theyfear that their loved ones will hurt an unsuspecting stranger.”

Anthony Hernandez told the board about the nonprofit he and his wife started, Transforming TreatableTragedies, to push for reforms in the mental health system, and a petition he circulated that has so far generated2,800 signatures in support of Murphy’s legislation.

12/27/2016 Ontario couple paid the price to get treatment for mentally ill son

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“It’s not just our tragedy, it’s a societal problem,” he told the board.

“I’ve been exposed to many families and many tragedies. Our kids were sick, they committed a crime and theylanded in jail instead of a hospital. To me, that’s inhumane.”

Supervisor Janice Rutherford said she has spoken to supervisors in other counties that have implemented Laura’sLaw and is receptive to the idea of implementing it in San Bernardino County, but is researching whether its aviable option.

“Most of the experiences have been positive, but many are smaller counties who don’t have the extensivesystem we already have in place,” Rutherford said. “But I absolutely hear and feel for these families and whatthey’re saying. It’s worth our looking into to see if it could make a difference here, and if there are people whocould be helped by it.”

Chino Police Chief Karen Comstock and state Assemblyman Freddie Rodriguez, D-Pomona, have gone to batfor the Hernandezes, sending letters to CaSonya Thomas, the former director of the county Department ofBehavioral Health who now heads Human Services, in support of Laura’s Law implementation.

Veronica Kelly, who now heads Behavioral Health, said in an e-mail that the programs and practices the countyput into place following the 2004 passage of the Mental Health Services Act accomplish everything Laura’s Lawwould accomplish and more.

She said her department conducted a comprehensive review of the feasibility of implementing Laura’s Law, andan analysis of the law revealed “no added value for residents; concerns by advocacy groups, law enforcement,and mental health professionals; and challenges due to the lack of state funding for implementation.”

Additionally, the assisted outpatient treatment program under Laura’s Law strongly mirrors the wraparoundservices now provided by the county, funded through the Mental Health Services Act, which are designed to dowhatever it takes to assist people with severe, long-term mental illness, Kelley said in her e-mail.

But the need for Laura’s Law is specifically targeted to individuals who do not seek treatment voluntarilybecause they do not feel they are sick and believe they do not need help, which necessitates a court order forassisted outpatient treatment, Anthony Hernandez said.

In addition to the Mental Health Services Act, other federal funds are available through competitive grants tohelp fund Laura’s Law, said Hernandez, adding that Ventura County, which implemented Laura’s Law, received$1 million a year for four years for its assisted outpatient treatment program, and another round of funding isexpected in the spring.

“But you need the law,” he said.

URL: http://www.sbsun.com/general-news/20161226/ontario-couple-paid-the-price-to-get-treatment-for-mentally-ill-son

© 2016 San Bernardino County Sun (http://www.sbsun.com)

12/27/2016 For Riverwalk design, review ongoing

http://www.vvdailypress.com/news/20161226/for-riverwalk-design-review-ongoing 1/2

MondayPosted Dec 26, 2016 at 3:37 PMUpdated Dec 26, 2016 at 3:37 PM

By Shea Johnson Staff Writer

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VICTORVILLE - Design plans for the $4.4 million Mojave Riverwalk project,which will mix bike paths and lanes and feature a trailhead ending near VictorValley College, continue to be reviewed by the city, the school and SanBernardino County leading up to expected construction next fall.

After approving a contract with a consultant for the project's design in January,the City Council last week authorized spending $45,005 more in order to finishenvironmental permitting and obtain permitting from BNSF for the 6th Streetbike path crossing, officials said.

The total contract with Alta Planning and Design has grown from $490,000 toabout $583,000 in the past year, with the city using its Local TransportationFund and grant money to pay for it.

The 11.1-mile project features a 4-mile bike path beginning near Bear Valley andFish Hatchery roads, continuing on top the flood control levee to the YuccaLoma Bridge, passing under the bridge, paralleling Yates Road on the northshould and proceeding to the Mojave Narrows Regional Park entrance.

A nearly 1-mile-long and 10-foot-wide path extending into the park from YatesRoad will boast a turnaround loop.

The second and larger 7.1-mile portion of the project scope will be a bike laneconnecting through Old Town to a bike path already at the Mojave River.

For Riverwalk design, review ongoing

12/27/2016 For Riverwalk design, review ongoing

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The Riverwalk project has underscored the city's ambitions to boost it bicycleinfrastructure after acknowledging it lagged behind neighboring municipalities.A separate five-year, $12-million plan calls for installing 44 centerline miles ofbikeways throughout the city.

City Engineer Brian Gengler said this month that the city expects constructionon the Riverwalk, which will be grant-funded, to begin in the fall of 2017.

Shea Johnson can be reached at 760-955-5368 or. Follow him on Twitter at

.

12/27/2016 Trial Begins for 2001 Conspiracy - Mountain News : Crime Log

http://www.mountain-news.com/news/crime_log/article_b292ca3e-c86a-11e6-b6b6-d3326001b054.html?mode=print 1/1

Trial Begins for 2001 ConspiracyPosted: Thursday, December 22, 2016 9:30 am

Former San Bernardino County Supervisor, Paul A. Biane, is now on trial along with co-defendants formultiple felony charges in connection with the Colonies Partnership settlement of 2001. The Superior Courtannounced Dec. 20 that the jury trial is set for Jan. 5, 2017.

Biane represented mountain communities when the supervisors agreed to pay $102 million to ColoniesPartnership to settle a lawsuit that purportedly could have been settled earlier for far less money, andallegedly were bribed to approve the settlement. Biane was unseated by current supervisor JaniceRutherford.

According to court records, Biane faces six charges including conspiracy, bribery of a public official,legislator receiving a bribe, conflict of interest and two counts of embezzlement/falsifying.

Also charged is James Howard Erwin, ex-chief aide to Neil Derry, former third district supervisor. Courtrecords show 13 charges filed against Erwin on violations like Biane’s charges, plus falsifying identificationand documents, and perjury.

The developer, Jeffrey Scott Burum, faces similar charges. Like his co-defendants, he pleaded not guilty toeach count against him.

Mark Kirk, ex-aide to former supervisor Gary Ovitt, previously was charged along with the otherdefendants, but court records were unavailable at press time.

12/27/2016 1969 water judgement explained, updated - Highland Community News: Top Stories

http://www.highlandnews.net/news/top_stories/water-judgement-explained-updated/article_6892305a-c932-11e6-b8aa-d3dc6a327492.html?mode=print 1/1

1969 water judgement explained, updatedPosted: Fr iday, December 23, 2016 9:08 am

San Bernardino Valley Municipal Water District has just produced a summary of the 1969 settlementsbetween agencies in San Bernardino and Riverside counties.

Inland Empire water agencies manage local groundwater basins and surface water flows based on the termsof two 1969 court settlements involving water agencies in Riverside, San Bernardino and Orange counties.

“The authors of the settlement called it a ‘Physical Solution,’ ” said Bob Tincher, manager of waterresources for San Bernardino Valley Municipal Water District, which has developed a summary of the 30-page agreement and how it is implemented.

The “Physical Solution,” as described in the 1969 judgment, requires Inland Empire water agencies to keepa careful accounting of the amount of water they extract each year from local groundwater basins. If thecumulative amount of water they extract exceeds the cumulative amount of water from local rainfall,supplemental water is required to make up the difference.

Valley District is one of the agencies that makes up the “Watermaster” that was given formal responsibilitythrough the 1969 settlement to ensure that supplemental water is recharged, as required.

The primary supplemental source for recharge water is State Water Project water, imported by ValleyDistrict, but other supplemental sources may also be used. Almost 550,000 acre feet of State Water Projectwater has been recharged in the San Bernardino area since 1972. Without these supplemental, importedsupplies, communities throughout western San Bernardino County would have suffered devastating watershortages years ago.

The idea is not only to maintain the integrity of local groundwater basins and ensure sustainable watersupplies, but to ensure that minimum levels of water continue to flow down the Santa Ana River for use byOrange County as set forth in a separate 1969 agreement.

Compliance with the 1969 court settlement is monitored by the court. Physical Solution is available fordownload it .www.sbvmwd.com

12/27/2016 Making the Groundwater Law Work | PublicCEO

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Making the Groundwater Law WorkPOSTED BY : PUBLICCEO DECEMBER 23, 2016

Originally posted at the Public Policy Institute of CA.

By Lori Pottinger.

California was one of the last western states to regulate the use of groundwater. Now, the state’s

landmark law mandating sustainable use of this critical resource is significantly changing how

communities manage it. We talked to Thomas Harter—a groundwater expert at UC Davis and a

member of the PPIC Water Policy Center’s research network—about implementing the 2014 law, which

he calls “the most important water legislation in 50 years.”

PPIC: What are the key components of groundwater

sustainability?

Thomas Harter: The state law is based on six “commandments”

that interpret what groundwater sustainability means: thou

shall not draw down water levels too far, deplete storage in the

aquifer, degrade water quality, allow seawater intrusion, cause

land to subside, or use groundwater in ways that reduces other

people’s surface water or harms ecosystems.

The law mandates that groundwater must be sustainably

managed for the long run. It’s not an option. Another critical

piece of the law is that it be managed locally. This is an opportunity for local agencies, water districts,

and stakeholders to take charge of whatever needs to be done.

Another important aspect is having everyone around the table who’s benefiting from, using, or

concerned about groundwater. Stakeholders may have to make decisions on how to augment their

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groundwater supplies or how to reduce demand to make local use sustainable. People are going to

come to the table with different core issues—for example, some will be more concerned about

protecting domestic water users, while others will be focused on the economic impacts of using less

groundwater.

PPIC: What more do we need to know about our groundwater basins to better manage them?

TH: We have to understand the resource, and how our uses affect it. What are water levels doing? Are

we degrading the quality of groundwater? Is it being used or managed in ways that harm surface water

uses and users? That kind of basic understanding is really important.

There are some important things we need to know about the state of our groundwater that the state

could play a role in, which would help locals bring their basins to sustainability.

First, the state has a responsibility to monitor land subsidence across California, as sinking land is one

of the key indicators of unsustainable conditions. We need more consistent measurements to

determine how fast land is subsiding. The state would be in the best position to collect this data, and

make it useable and accessible to local groundwater sustainability agencies.

The state is also in the best position to collect data on land use and evapotranspiration, which is a

measure of how much water plants use. Evapotranspiration is one of the biggest water budget

components in the state and the largest single consumptive use. In other words, it is water that is

removed from the water system through use or evaporation by plants, consumed by people or

animals, or incorporated into products or crops. Having a high-resolution understanding of

evapotranspiration and how it changes over time and across years will be critical to ensure we have

accurate water budgets.

California also needs to get back to more frequently mapping land use across the state and make that

data available. Land use is closely related to evapotranspiration. To devise an accurate water budget,

you need to know which field is planted in which crop at which time of year, which areas are being

urbanized, and where other changes in land use are occurring.

The state’s system for gauging streamflow also needs work. To make good decisions, locals need a

better understanding of the contributions of groundwater to their tributary streams. The US Geological

Survey and the Department of Water Resources, which manage these gauges, are struggling to keep

up with the network they have, and many gauges have been discontinued due to lack of funding. We

need to fund ongoing maintenance of this water-monitoring network so we don’t lose a legacy of

valuable information. And we need to expand it in areas where groundwater and surface water are

closely connected.

PPIC: What changes do you expect to see as communities move to implement the groundwater law?

TH: I think the biggest thing is that, at the local level, we’ll have a much broader stakeholder group

informed about and engaged in their groundwater system. There will be greater understanding about

the interconnections between land use, groundwater, surface water, and water supply and quality, and

about the kinds of projects we can do to address sustainability issues. I hope that in 10 years we’ll have

a better understanding of how we can transition to sustainable resource management with the least

amount of economic pain. I think there are opportunities for creative solutions that are win-wins for

the environment and people dependent on groundwater resources. I also think that having a better

understanding across stakeholder groups will lead to increased cooperation, which will be important

for implementing and funding solutions.

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12/27/2016 Victorville mayor defends Council against attack ad - News - VVdailypress.com - Victorville, CA

http://www.vvdailypress.com/news/20161225/victorville-mayor-defends-council-against-attack-ad 1/2

SundayPosted Dec 25, 2016 at 11:56 AMUpdated Dec 25, 2016 at 2:22 PM

Garcia appeared far less tolerant of claims she said soughtto imply the Council had been dishonest and potentiallycorrupt.

By Shea Johnson Staff Writer

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VICTORVILLE - Mayor Gloria Garcia ended 2016 rejecting "totally untrue"claims about the City Council that she said were made in a video during this pastcampaign period. In "need(ing) to clarify the truth," the mayor's response alsostood as a firm defense of Victorville leadership.

At the end of last week's Council meeting, the final of the year, Garcia used herallotted public comment time to address a video she said accused the Council ofengaging in backroom deals and that criticized regular meetings for beinglabyrinthine.

"A video went out during the city council campaign that was totally untrue. Itstated that the agenda is difficult to follow, that our meetings are so boring thatpeople fall asleep," she said. "Is everybody awake?"

Noting how agendas provided to the public are identical to what Councilmembers receive, she also pointed to how each agenda item is numbered andcalled out by category. She suggested that members of the public contact the

Victorville mayor defends Council against attackad

12/27/2016 Victorville mayor defends Council against attack ad - News - VVdailypress.com - Victorville, CA

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Council if they "have suggestions for us to improve this."

But Garcia appeared far less tolerant of claims she said sought to imply theCouncil had been dishonest and potentially corrupt.

"We were accused of making backroom deals and that we were bought and paidfor," she said. "I really do want the public to know that in the four years I havebeen a council member, none of these accusations have ever taken place."

Garcia, who was recently re-appointed as mayor after a successful re-electionbid, said she was prompted to address the video - she did not discuss its origin -as more constituents had reached out to her seeking explanations on the validityof the claims.

"This is something that is harmful to all persons involved and I do feel that Ineed to clarify the truth," she said. "I have been very proud to be a part of acouncil that represents the city in a very respectful and professional manner.And I do hope that this new council will continue to do the same."

Shea Johnson can be reached at 760-955-5368 or. Follow him on Twitter at

.

12/27/2016 Planning Commission moves forward with upscale market, gas station - News - VVdailypress.com - Victorville, CA

http://www.vvdailypress.com/news/20161223/planning-commission-moves-forward-with-upscale-market-gas-station 1/3

FridayPosted Dec 23, 2016 at 1:52 PMUpdated Dec 23, 2016 at 5:51 PM

By Monica Solano Staff Writer

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VICTORVILLE - Despite concerns from local residents, PlanningCommissioners voted to move forward on a proposed upscale market and gasstation, as well as obtaining a Conditional Use Permit for alcohol sales to takeplace near a residential area in Victorville, last Wednesday.

Developments for the five-acre site is expected to generate $25 million in taxablesales as the project will be split into two phases, with phase one consisting of afueling station with a 7,250-square-foot market and an accessory car wash. Phasetwo will incorporate a 25,000-square-foot two-story office buildingapproximately 300 feet east of the northeast corner of Balsam Avenue andNisqualli Road, where the First Assembly of God church and Victor ValleyChristian School are located.

The Planning Commission motioned to approve the project with a 2-1 vote,with Commissioner Paula Porter and Rob Kurth in favor and Lionel Dewopposing the agenda. Commissioner Larry Huber was absent from the meeting,while Bob Wilson recused himself from voting, stating he made recentcontributions to the church.

Planning Commission moves forward with upscalemarket, gas station

12/27/2016 Planning Commission moves forward with upscale market, gas station - News - VVdailypress.com - Victorville, CA

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"The site requirement meets all requirements of Title 16 as conditioned. It hassufficient parking within each parcel for each use, sufficient landscaping,including sufficient buffers for residential zones to the east and building designmeets requirements for commercial guidelines," Kurth stated during themeeting.

With the church owning a portion of the land located on the corner of BalsamAvenue and Nisqualli Road, sitting adjacent to the proposed facility, membersexpressed worry the plan may attract potential danger, such as an increase incriminal activity, loitering, traffic conditions and certain businesses that mayoperate during hours not typical for the surrounding residents.

"People opposed of the project have good intentions and hold them in thehighest standards," Dew said. "That being said, we as a Planning Commissionlike to have mediation as much as possible because all of us are successfultogether."

"The main concern, however, is the use of alcohol beverages. At this particulartime frame, the city has more than enough resources and there are more ways ofacquiring alcohol in the city. You're either providing the city and the residentsthe product in demand or you provided giving the city a product no one else willbenefit from."

According to Victorville spokeswoman Sue Jones, the city has tightened itsalcohol regulations in recent years and the proposed fuel station andconvenience store is prohibited from selling distilled spirits. A maximum of 10percent of the retail display area may be devoted to beer and wine display, whilesingle-serve alcoholic beverages are prohibited and a variety of other operatingstandards are aimed at preventing nuisance activities.

If the commission and operator fails to conform to the Conditional Use Permit,the city reserves the right to revoke the commission's permit. If the appeal isdenied, there will be two years of entitlements to start work on the project or theproject entitlements will expire.

Local residents expressed fear for the safety of the area - city officials receivedover 150 letters opposing the plan - and Jones told the Daily Press members ofthe First Assembly of God filed an appeal against the decision that will be heard

12/27/2016 Planning Commission moves forward with upscale market, gas station - News - VVdailypress.com - Victorville, CA

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at a forthcoming City Council meeting.

"We definitely do not want to stand in the way of the project. We love our cityand that it's growing and reaching new heights," said Pastor Josh McLaughlin."At the same time, we want the commission to move forward in a proper wayand we are a little nervous that the possibility of certain items being sold so closebrings upon safety issues concerning faculty and staff from both the church andschool."

The San Bernardino County Sheriff's Victorville Station also recommendedapproval for the project, saying that the site is "not in an excessive crime area atthis point and feels that the plan would not increase crime in the area or create alaw enforcement issue," as stated by the Planning Commission.

Monica Solano can be reached at or at760-951-6231. Follow her on Twitter .

12/27/2016 Looking Ahead: Measure V vote, Yucca Loma Bridge and closed fire stations on the radar for 2017

http://www.vvdailypress.com/news/20161226/looking-ahead-measure-v-vote-yucca-loma-bridge-and-closed-fire-stations-on-radar-for-2017 1/3

MondayPosted Dec 26, 2016 at 3:48 PMUpdated Dec 26, 2016 at 3:48 PM

By Matthew Cabe Staff Writer

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APPLE VALLEY - What will 2017 bring in the Town of Apple Valley? Here arefive things that will be on the horizon in the new year.

Measure V vote

The town's takeover attempt of Liberty Utilities, Apple Valley produced anonslaught of punch, counterpunch scenarios in 2016, with both sides assumingthe offensive when openings presented themselves.

In June, Liberty officials disclosed to the Daily Press the town's unauthorized useof 869,000 gallons of company water on the Apple Valley Golf Course, a movethat ran up a nearly $7,000 bill and led to criticism of the town's ability to safelyrun a water system.

And in October, Liberty's General Manager Tony Penna let fly an ireful outburstdirected at Councilor Curt Emick during a meeting that culminated with Penna'sremoval from Council chambers and town officials calling his comments a threatof physical violence.

Yet these incidents, though providers of intriguing fodder, were mere jabs in thegrand scheme; never would either decide the future water provider in AppleValley.

Looking Ahead: Measure V vote, Yucca Loma Bridgeand closed fire stations on the radar for 2017

12/27/2016 Looking Ahead: Measure V vote, Yucca Loma Bridge and closed fire stations on the radar for 2017

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Voters' passage of Measure V on Nov. 8, however, carries the potential tosignificantly impact a future purchase, should the town win its eminent-domaincase. If voters opt against the bond debt, the town will be forced to - at the veryleast - look elsewhere for financing.

It's unknown when the vote will occur; town officials say more discussion isrequired by the Council before a date is set. But with a trial setting conferencescheduled for Jan. 7 - and litigation expected to move forward thereafter - 2017could be the year of a vote on debt.

Yucca Loma Bridge opening

While work on the third and final phase of the Yucca Loma Corridor remains atleast two years away, town officials celebrated completion of the Yucca LomaBridge in 2016, over two years after construction commenced.

And with widening work on the nearby Yucca Loma Road progressing ahead ofschedule, 2017 will mark the long-anticipated opening of the bridge to traffic.The tentative schedule includes a ribbon-cutting ceremony on May 19 and acommunity bike ride on May 20 before the opening on May 22.

Because Victorville's Green Tree Boulevard Extension project is still in design,it's unlikely the opening will alleviate congestion along Bear Valley Road orHighway 18 in the short term. Still, the opening will be seen as a majoraccomplishment given that officials have talked of a bridge over the MojaveRiver since the 1960s, according to former Victorville City Councilman RyanMcEachron.

Reopening of closed fire stations

Funds provided by Measure A - the fire tax voters overwhelmingly passed inNovember - won't be available until July, but 2017 could be the year two closedfire stations reopen.

Apple Valley Fire Protection District Chief Sid Hultquist previously told theDaily Press the reopenings of stations 336 and 337 are "going to happen," but hestopped short of providing a date.

12/27/2016 Looking Ahead: Measure V vote, Yucca Loma Bridge and closed fire stations on the radar for 2017

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Staffing plans will be prepared in the interim, as the district's board develops"timelines with the logistics needed to open" the stations that closed followingthe Great Recession.

Hilltop House

More than seven months have passed since the town officially took ownership ofNewt Bass' Hilltop House, but officials have been relatively quiet about futureplans for the site outside of its eventual inclusion into the Parks and Recreationsystem.

Per grant-program requirements, the town has three years from the acquisitiondate to create an "outdoor recreational opportunity for the public's benefit," so2017 could be the year an ad hoc committee is formed to discuss what sort ofrecreational attraction the house will become.

New year, new captain

The promotion of San Bernardino County Sheriff's Department Capt. LanaTomlin to deputy chief of all desert region stations will signal the return of Capt.Frank Bell to town next month.

Bell previously worked as lieutenant at the Apple Valley Sheriff's station beforemoving to headquarters in San Bernardino where he served as captain of theEmployee Resources Unit.

He will assume the captain role after Tomlin makes her own transition toheadquarters on Jan. 21.

Matthew Cabe can be reached at MCabe@VVDailyPress.com or at 760-951-

6254. Follow him on Twitter @DP_MatthewCabe.

12/27/2016 Is 2017 Adelanto's year of growth?

http://www.vvdailypress.com/news/20161225/is-2017-adelantos-year-of-growth 1/4

SundayPosted Dec 25, 2016 at 1:52 PMUpdated Dec 25, 2016 at 4:30 PM

With two full years behind them and the expectationsrising, the City Council no longer has the benefit of alearning curve.

By Shea Johnson Staff Writer

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ADELANTO - With two full years behind them and the expectations rising, theCity Council no longer has the benefit of a learning curve.

While the first returns of the city's medical marijuana industry are expected bymid-year, and will largely define the success of 2017, the cannabis talk isn't all tokeep an eye on as the calendar turns over.

Here are five developments to watch in Adelanto for 2017:

1. The north side resurgence?

Mayor Pro Tem Jermaine Wright, the lone Council member who lives in thenorth side of the city, had declared it a mission a year ago to direct efforts to helprevitalize this underserved portion of Adelanto.

Heading into 2016, the Daily Press pegged a proposed park on the north side asone of five developments to watch. And while that hasn't yet materialized, muchof what's expected to be accomplished on this side of the city - with lacking

Is 2017 Adelanto's year of growth?

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infrastructure, few businesses and maybe fewer sidewalks - is tied to theexpected infusion of funding from medical cannabis.

As the city begins to see money from pot cultivators and manufacturers, it'll beworthwhile to watch how much of those funds are set aside to make real changeon Adelanto's north side.

2. Stater Bros. Stadium's ability to attract

After the High Desert Mavericks were dissolved, city leaders appeared to salivateat the idea of a suddenly wide-open spring and summer schedule for the city'smost unique asset.

The Council agreed to hire the San Bernardino County Fair to managemarketing efforts for the stadium in hopes of building upon early cornerstoneevents like the rodeo. Then, just this month, it was announced that anindependent professional baseball team would play its inaugural season at thestadium, carving out two months of scheduling from late May to late July.

The Fair's success in attracting popular events, as it has done at the fairgroundsin Victorville, will be key to Adelanto realizing its vision of becoming a regionalentertainment hub.

3. The City Hall dynamic

Seven positions were axed in a surprise late-year move purportedly based onbudget considerations. For a city that has seen unusually high turnover at keypositions in the past two years, stabilizing the turnstile at the top will be ascritical to its progress as anything else.

A lawsuit filed by three former city employees accusing the majority of theCouncil of orchestrating their firings and targeting other workers will moveforward in 2017, and former Senior Planner Mark de Manincor, whose positionwas among the seven recently terminated, had acknowledged he also felttargeted.

Early on, Mayor Rich Kerr had attributed some turmoil within the city as lessonslearned by a green leadership. Yet, that can't be leaned on anymore in this newyear. After Mayor Pro Tem Jermaine Wright and Councilman Ed Camargo were

12/27/2016 Is 2017 Adelanto's year of growth?

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re-elected in November, the Council will maintain its same dynamic now for a

third year.

4. The golden era of medical cannabis

More than a year removed from passing its landmark medical marijuanacultivation ordinance, the city spent much of 2016 tweaking its plans to alignwith state law and establishing other groundwork.

With up to eight growers expected to be up and running by mid-year, cityAccounting Supervisor Penny Rose recently projected the first significantreturns for revenue through the city's Measure R - the voter-approved 5-percentexcise tax - will hit at the start of the new fiscal year in July.

While not only potentially erasing the city's now-$2.6 million deficit, MeasureR's returns during the anticipated summer will provide the public with the firstview of the depth of the industry.

5. Pot's residual effect

The medical cannabis industry's impact is expected to extend beyond theindustry itself and stoke growth for business as a whole. When city leaders talkabout the nascent industry, they often speak of the residual economic effect aswell: More restaurants, hotels, industrial businesses and better roads, parks andother city entities.

The city's ability to transfer any momentum from its marijuana dealings to otherbusinesses will start to be seen by mid-year. What other kind of industries willflock to Adelanto?

In touting the city's outlook, leaders have pointed to just the recentgroundbreaking of Clark Pacific, a concrete manufacturer which could create upto 500 jobs, as a sign of growth outside marijuana.

Shea Johnson can be reached at 760-955-5368 orSJohnson@VVDailyPress.com. Follow him on Twitter at @DP_Shea.

12/27/2016 Harassment claim filed against top city official

http://www.vvdailypress.com/news/20161225/harassment-claim-filed-against-top-city-official 1/2

SundayPosted Dec 25, 2016 at 4:18 PMUpdated Dec 25, 2016 at 4:18 PM

By Shea Johnson Staff Writer

Follow

BARSTOW - A workplace harassment claim filed against a top city officialsparked a nearly three-month investigation extending to interviews with asmany as two dozen employees, the Daily Press has learned.

The complaint filed by at least one colleague against Gaither Loewenstein, thecity's economic development and planning manager, accuses him of repeatedlymaking lewd or insensitive comments in the workplace that were sexual innature. The comments were also sometimes purportedly discriminatory againstage and gender, according to sources with knowledge of the inquiry, who spokeon the condition of anonymity so they could speak freely.

Loewenstein, when reached by phone Thursday and asked to address thesituation, said he appreciated the opportunity to comment but he declined to doso. Assistant City Manager Cindy Protho abstained from acknowledging theclaim or investigation, citing policy.

"All personnel information, including the possibility of any investigations, areconfidential," she wrote in an email Thursday. "(B)ecause of this, the City cannotconfirm that any investigation is ongoing regarding any employee matter."

Loewenstein was not placed on administrative leave during the investigation,the sources said, and it was unclear when or if the probe, conducted by anoutside hire, had completed.

Harassment claim filed against top city official

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The investigation, launched sometime in September or October, has so farincluded a bevy of city employees, potentially 20 or more, who were individuallyinterviewed off-site, according to the sources.

Generally, a claim will be heard in closed session by a governing board. In thiscase, it would be the City Council. If a claim is rejected, it can then lead to alawsuit being filed.

That scenario played out earlier this year when Michelle Baird, the board clerk atMojave Desert Air Quality Management District, filed a civil complaint againstthe agency after her claim had been denied. Baird contended retaliation after shesaid she was a whistle-blower to wrong-doings by the agency's then-executivedirector.

Shea Johnson can be reached at 760-955-5368 or. Follow him on Twitter at

.

12/27/2016 Authorities investigating explosion, mobile home fire reportedly caused by THC extraction lab in Lucerne Valley - News - VVdailypress.com - Victorvill...

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ThursdayPosted Dec 22, 2016 at 1:10 PMUpdated Dec 22, 2016 at 1:35 PM

By Jose Quintero Staff Writer

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LUCERNE VALLEY - Authorities are investigating a Lucerne Valley mobilehome fire that they say occurred after an explosion due to a dangerous THCextraction lab that may have injured two men.

A San Bernardino County Sheriff's Department deputy initially went to thehome, in the 11200 block of Medanos Avenue, after hearing an explosion in thearea. The deputy found a mobile home trailer fully engulfed in flames.

Firefighters responded and were able to extinguish the fire, which according toscanner traffic Wednesday afternoon, spread to surrounding vegetation.

The deputy noted signs of a THC extraction operation and requested theassistance of additional sheriff's personnel and investigators.

"Investigators found evidence to show the THC extraction lab was producingconcentrated cannabis known as wax or Butane Honey Oil," sheriff's officialssaid in a statement. "Several hundred pounds of marijuana plant material,thousands of butane canisters and equipment used in the process ofmanufacturing and making of concentrated cannabis were found at the location."

Authorities investigating explosion, mobile homefire reportedly caused by THC extraction lab in

Lucerne Valley

12/27/2016 Authorities investigating explosion, mobile home fire reportedly caused by THC extraction lab in Lucerne Valley - News - VVdailypress.com - Victorvill...

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Investigators believe the explosion and fire were caused when an ignition source,believed to be an electric water heater, ignited the explosive butane gases thatwere inside the trailer.

Authorities say the explosion was so "devastating and powerful" that debris fromthe trailer was found over 200 feet away.

"Nearby residents told deputies it felt like a car struck their house when thetrailer exploded," sheriff's officials said. "The operation was occurring for sometime and most likely would not have been discovered by authorities if it hadn'tbeen for a deputy responding to a house fire at the location."

Meanwhile, two unidentified men arrived at the Desert Valley Hospital withburns and injuries consistent with an explosion and fire. Sheriff's Departmentspokeswoman Cindy Bachman confirmed the two burn victims were transportedto Arrowhead Regional Medical Center for treatment.

Sheriff's officials said investigators are attempting to determine if the men wereresponsible for the incident.

"If they are identified as suspects in this case, they will face charges ofmanufacturing a controlled substance and arson. The criminal report will be sentto the San Bernardino County District Attorney's Office for prosecution,"sheriff's officials said.

The investigation is ongoing and anyone with information is asked to call theSheriff's Gangs/Narcotics Division at 909-890-4840. Those wishing to remainanonymous can call the WeTip hotline at 800-782-7436 or visit

12/27/2016 Print Article: Judge: Marijuana dispensary can't run near Riverside's Lincoln High -- for now

http://www.pe.com/common/printer/view.php?db=pressenterprise&id=821671 1/2

Judge: Marijuana dispensary can't run near Riverside'sLincoln High -- for nowBy STEPHEN WALL2016-12-23 14:32:44

A judge temporarily has barred a marijuana dispensary from operatingacross the street from Lincoln High School in Riverside.

Riverside County Superior Court Judge Sunshine Sykes ruled Mondaythat the business, Presidential Collective, must stay closed until Jan.20,when a hearing is set to consider a permanent closure.

However, the dispensary reopened Thursday and the city plans to ask thejudge Tuesday to appoint a receiver to take possession of the propertyand remove the occupants, Deputy City Attorney Aaron Chandler said.

City officials say the business at 2790 14th St. violates the state’s Healthand Safety Code, which prohibits dispensaries within 600 feet of a school.

California voters approved marijuana for medical purposes in 1996 and in November for recreational use.Riverside’s municipal code bars such establishments in all areas.

Regardless of the recently passed ballot measure, Proposition 64, “They’re in violation of state law,” Chandlersaid.

The Riverside Unified School District backs the city’s efforts to close the dispensary, which Chandler said wasthe scene of an armed robbery in late November during which thieves stole up to $175,000 in cash and otheritems.

“It does alarm us,” said district board member Tom Hunt. “We’re saying, ‘Please enforce the law.’”

The dispensary started operating sometime before May across the street from Lincoln, an alternative school forstudents behind in credits.

In addition to suing to shut down the facility, the city issued several citations and notices against the business,including for alleged unauthorized wiring and making alterations to a building without permits. The city imposedfines of $1,000 per day, plus administrative costs. So far, the city hasn’t collected any of the money, totalingabout $30,000, because the property owner’s attorney has been cooperative and tried to evict the tenants,Chandler said.

However, because the business hasn’t complied with the judge’s order, the city will ask that the operators beforced to pay at an administrative hearing set for Jan. 5, he said.

Theodore Theodosiadis, the attorney for the property owner, Kekico Inc., declined to comment. Business ownerThomas Naemi could not be reached.

A marijuana dispensary near a school “doesn’t send a good message” to kids who are disciplined for havingdrugs on campus, said Tim Walker, Riverside Unified’s assistant superintendent for pupil services.

“It brings in all manner of individuals who will be frequenting that location,” Walker said.

12/27/2016 Print Article: Judge: Marijuana dispensary can't run near Riverside's Lincoln High -- for now

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Nicole Jacobson, a senior at Lincoln, was surprised to hear of the robbery at the dispensary.

“That’s unacceptable,” said Jacobson, a Riverside Unified student board member. “What if they were to comeover to the school?”

Contact the writer: 951-368-9292 or stwall@scng.comTwitter: @pe_swall

© Copyright 2016 Freedom Communications. All Rights Reserved. Privacy Policy & Terms of Service | Copyright | Site Map

12/27/2016 California’s Marijuana Majority | PublicCEO

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HOME ABOUT PUBLICCEO JOB BOARD GRANTS SUBSCRIBE

California’s Marijuana MajorityPOSTED BY : PUBLIC POLICY INSTITUTE OF CALIFORNIA DECEMBER 21, 2016

Originally posted at the Public Policy Institute of CA.

Mark Baldassare, PPIC president and CEO and director of the PPIC Statewide Survey, spoke at the

Pacific Chapter of the American Association of Public Opinion Research annual conference in San

Francisco today, December 16, 2016. Here are his prepared remarks for a post-election panel

discussion.

One of the most historic turnarounds in

California initiative history has been largely

overlooked in the wake of the stunning

presidential election results. Californians passed

a recreational marijuana initiative this fall after

rejecting a similar effort six years ago. The 2010

initiative, Proposition 19, failed with 46.5 percent

of the vote. This year, Proposition 64 passed

with 57.1 percent. How did support grow by 10.6

points, allowing this controversial policy to move

into the victory column? The answers are found

in both national and state trends.

First, Americans’ views on marijuana legalization have shifted in recent years. When asked in Pew

Research Center national surveys, “Do you think the use of marijuana should be made legal or not,”

fewer than 50 percent said “yes” in 2010 and 2011 while a majority have said “yes” since 2013. Two key

events happened in 2012: Washington and Colorado voters passed initiatives to legalize recreational

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marijuana. Alaska, Oregon, and Washington, DC, voters followed in 2014. This November,

Massachusetts and Nevada—and perhaps Maine, depending on a recount underway—joined

California voters in legalizing recreational marijuana.

California public opinion mirrors these changing

national attitudes. PPIC surveys have been

repeating the Pew Research Center’s question

for six years. In our surveys, the percent of

adults saying “yes” to legalizing marijuana was

below 50 percent before November 2010, when

Proposition 19 failed. Support for legalization

edged up to the majority in 2013. Some

Californians apparently changed their minds

about marijuana legalization after other states

passed initiatives.

Did California’s marijuana legalization pass because its base of support grew stronger? Or because its

appeal expanded to more demographic groups? The answer is “both” when we analyze the final PPIC

surveys before the November 2010 and November 2016 elections. These surveys were within close

range of the election results (44% Proposition 19, 55% Proposition 64) with a comparable 11-point

difference between 2010 and 2016. We compare the likely voters who said “yes” to Propositions 19 and

64 across parties, political, and demographic groups.

The only majority supporters of Proposition 19

in 2010 were Democrats, liberals, and

Californians under 35 years old. This fall, there

were double-digit increases in the yes vote for

Proposition 64 among Democrats, liberals, and

residents under age 35. The consolidation of

support in these groups was important in the

2016 California election context. This

presidential election attracted a larger electorate

with liberal leanings than the 2010 gubernatorial

election did. That is reflected in the passage of

several progressive reform and tax initiatives

this November, as noted in an earlier PPIC blog

post.

Significantly, there were also double-digit increases in the yes vote for Proposition 64 in likely voter

groups where Proposition 19 had previously fallen short. Notably, independents, moderates, and 35-

to 54-year-olds joined Democrats, liberals, and younger voters to form a broader political and

demographic coalition of Proposition 64 supporters this fall. Moreover, support grew from less than 50

percent in 2010 to include solid majorities in 2016 among men (47% to 64%), college graduates (47% to

61%), those earning $80,000 or more (46% to 60%), and whites (44% to 55%). In sum, Proposition 64

attracted more of a political mainstream following than Proposition 19 did.

Proposition 64 still did not win by a landslide even with these impressive gains in the depth and

breadth of support. Fewer than 50 percent in key demographic groups supported the initiative. They

include Republicans (33%), conservatives (31%), Californians age 55 and older (45%), Latinos (47%),

women (48%), and the non-college educated (49%). Obviously, many Californians did not jump on the

bandwagon and vote for marijuana legalization this year.

Finally, it is worth noting that when we asked voters if the outcome of the vote on Proposition 64 was

very important to them, opponents of legalization were more likely to say “yes” than supporters were

(60% to 50%). These views could play a critical role because marijuana legalization still faces many

hurdles. Will the deep divisions among political and demographic groups surface in local communities

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ABOUT PUBLIC POLICY INSTITUTE OF CALIFORNIA

PPIC is dedicated to informing and improving public policy in California through independent,

objective, nonpartisan research on major economic, social, and political issues. The institute was

established in 1994 with an endowment from William R. Hewlett. PPIC does not take or support

positions on any ballot measure or on any local, state, or federal legislation, nor does it endorse,

support, or oppose any political parties or candidates for public office.

RELATED POSTS

when it’s time to implement the new law? Will

California lawmakers side with the voters who

passed marijuana legalization if the Republican

president and Congress change direction on

federal enforcement? As always in the initiative

process, voters were the deciders but they are

not the last word. Now many issues are left to

local, state, and federal government officials to

sort out.

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12/27/2016 The hunt for dollars to build the $64-billion bullet train - LA Times

http://www.latimes.com/local/california/la-me-bullet-train-cash-20161224-story.html 1/5

T

The hunt for dollars to build the $64-billionbullet train

By Ralph Vartabedian

DECEMBER 24, 2016, 3:00 AM

he California High-Speed Rail Authority quietly approached federal officials in July to discuss an

ambitious solution to its most pressing problem, one that has hung over the project for more than

five years.

The state does not know where to find all of the $64 billion it will cost to get the first passengers rocketing

between San Francisco and Los Angeles on a bullet train.

With the Obama administration on its way out, it seemed like a good time to nail down more long-term federal

support on the assumption that Hillary Clinton would be the next president.

Construction on the California High-Speed Rail project is underway in Fresno. (California High-Speed Rail Authority)

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So the state set up a meeting to ask the U.S. Department of Transportation to publicly announce a federal loan

of up to $15 billion that would help build an initial rail segment from San Jose to Shafter, northwest of

Bakersfield, which would cement federal support during the transition to a new presidential administration.

Such a loan — even the commitment for one — would also show potential private investors that the project was

“creditworthy,” according to a briefing document for the meeting.

But federal officials did not go along with the state’s suggestion. “At this time, California has not submitted a

financing request,” said Clark Pettig, press secretary for the Transportation Department.

Federal officials are unlikely to make any new loans in the next month. Meanwhile, the election of Republican

Donald Trump makes the rail authority’s funding problem more serious than ever.

The project has long been vilified by congressional Republicans, particularly by House Majority Leader Kevin

McCarthy (R-Bakersfield), who has called it a “boondoggle” that was “doomed to fail from the start.”

And House rail subcommittee Chairman Jeff Denham (R-Turlock) has vowed to block any future federal

funding for the project, citing long-standing concerns about its poor management controls and planning.

Senior congressional staffers say they don’t have any direct knowledge of Trump’s views or those of Elaine

Chao, his pick for Transportation secretary, but they doubt they will attempt to challenge the existing

Republican opposition to the project.

Robert Poole, transportation policy director at the libertarian Reason Foundation, said he too is doubtful that

Trump and Chao would support the project with new money. Poole noted that Chao, a former deputy secretary

at the Transportation Department, has supported projects that have private backing, something California’s

bullet train lacks.

If those expectations are borne out, it would leave the project on a continued search to fill giant gaps in

its funding, even as construction of rail bridges, viaducts and trenches through a section in Fresno accelerates.

Voters approved a $9-billion bond for what was then a $33-billion project in 2008, but most of that money has

been hogtied by complex taxpayer protections that were part of the ballot proposition. The rail project has been

unable to satisfy those rules.

The Obama administration provided $3.5 billion in grants. And California lawmakers gave the project rights to

25% of the proceeds from the state’s greenhouse gas permit auctions, but those funds have fallen sharply below

“They are going to have to put a lot more money

into this project than they thought.— Elizabeth Alexis, co-founder, Californians Advocating Responsible Rail Design

12/27/2016 The hunt for dollars to build the $64-billion bullet train - LA Times

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expectations this year.

An effort to tap private investors for cash proved futile when more than two dozen companies said they

wouldn’t put any money into the project until the state proves the system can operate profitably carrying

passengers.

The most immediate problem is unlocking the bond funding, which could keep the project going for at least

several years. The rail authority believes it has a solution, thanks to a key assist this summer from the

Legislature — assuming the maneuver is legal.

Opponents have already filed a suit against the plan.

The original bond measure set up tough conditions: The rail authority had to identify all the sources of money

needed to build a usable segment of high-speed rail before starting construction; it had to prove that it would

not need an operating subsidy; it had to show it could design the system to move passengers from Los Angeles

to San Francisco in two hours and 40 minutes; and much else.

Until now, the rail authority could not show it had all the money in hand to build an actual operating segment.

But the Legislature found a fix.

Assemblyman Kevin Mullin (D-South San Francisco) authored AB 1889, which addresses what the original act

meant when it said a segment had to be “suitable and ready” for high-speed rail. Under the Mullin bill, the rail

authority can use bond funds that would enable bullet train operations “after additional planned investments

are made.” That means that the rail authority could spend the bonds without any immediate plan to carry

passengers.

The bill also allows the rail authority in December to approve two funding plans.

One plan provides for building what amounts to a 119-mile test track from Madera to Shafter for $7.8 billion.

After the testing is completed, the rail authority said in its funding plan that it would explore other uses for the

track, though they would not immediately include high-speed trains.

Another funding plan, for $819 million, was approved to help convert the Caltrain commuter rail system from

diesel to electric power along the route leading into San Francisco.

Stuart Flashman, a Bay Area attorney, filed suit against the funding plans immediately on behalf of several

antirail groups and local government units, asserting it is unconstitutional for the Legislature to amend or alter

a voter-approved proposition and bond act.

Flashman has said court rulings since the 1920s have gone against the Legislature and local boards that

attempted to modify or clarify bond propositions.

“I told the high-speed rail board they need to take this back to the voters,” Flashman said.

12/27/2016 The hunt for dollars to build the $64-billion bullet train - LA Times

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Rail authority spokeswoman Lisa Marie Alley said the agency does not comment on pending litigation.

Richard Hasen, a UC Irvine law professor and expert on election law, said that unless the bond act specifically

granted the Legislature the power to make interpretations or amendments, the Mullin bill’s funding plans could

be found unconstitutional.

But since the bond act does provide the Legislature with a major role in approving funding plans, the legal

issues in the case could be quite complicated, Hasen added.

Alley said the two funding plans were “significant decisions … that will accelerate the program, continuing

progress on the nation’s first high-speed rail program.”

The Mullin bill was so important that the rail authority apparently never moved ahead with its plan for a

federal loan, according to sources knowledgeable about the matter.

The watchdog group Californians Advocating Responsible Rail Design obtained the briefing document about

the loan plan under a Public Records Act request.

Elizabeth Alexis, a co-founder of the group, said the funding problems are putting California in exactly the

position it wanted to avoid, increasing the state’s financial commitments while the benefits of an actual train

service move further into the future.

“It is a desperate move,” she said. “It is exactly the bind that the Legislature didn’t want to put itself in. They are

going to have to put a lot more money into this project than they thought.”

Mullin, whose district includes the section of Caltrain track that will be electrified, said his legislation simply

“clarified the term ‘suitable and ready’ ” and will help the state to meet its obligation to deliver funding for an

appropriation made in 2012.

Mullin said in a statement that he is confident the lawsuit against AB 1889 will be unsuccessful, noting that he

had attorneys help draft his bill.

“Our transportation infrastructure has many needs, and AB 1889 will allow Caltrain to address one of those

needs by moving forward with electrification of their system, providing both short- and long-term benefits,”

Mullin said. “It’s going to be a big deal for the [San Francisco] Peninsula both economically and

environmentally.”

ralph.var tabedian@latimes.com

Follow me on Twitter @rvartabedian

ALSO

State rail author ity reduces size of future bulle t train stations

12/27/2016 Open & Public: Newly Revised Guide to the Brown Act Now Available | PublicCEO

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Open & Public: Newly Revised Guideto the Brown Act Now Available

POSTED BY : WESTERN CITY MAGAZINE DECEMBER 21, 2016

By Eva Spiegel and Amanda Cadelago.

Transparency and open government are the cornerstones of a strong democracy. Public access to

information and the decision-making process gives citizens the information and insight needed to

foster civic engagement and ensure accountability. The League has long been committed to providing

tools and resources that help mayors, council members and city staff work effectively within a

framework of openness and transparency to address the needs of their communities.

Open & Public V: A Guide to the Ralph M. Brown Act is one such tool, developed and originally

published in 1989 by the League’s City Attorneys’ Department Brown Act Committee. City officials,

residents and journalists find this practical guide to be an invaluable resource. The recently updated

fifth edition of Open & Public explains the current provisions of California statutes and case law as of

April 2016 and includes — for the first time — an annotated copy of the Brown Act. The publication

covers:

Public participation in meetings;

Informal gatherings;

Public notice of meetings;

Agenda requirements;

Records and recordings;

The public’s place on the council agenda;

Labor negotiations; and

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12/27/2016 Open & Public: Newly Revised Guide to the Brown Act Now Available | PublicCEO

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Closed meetings.

Brown Act Committee Chair Michael Jenkins also serves as city attorney for Hermosa Beach, Rolling

Hills and West Hollywood. Reflecting on this perennially popular League publication, Jenkins says,

“Open & Public is a must-read for anyone interested in understanding the requirements of the Brown

Act, California’s sunshine law. Though its subject is the law, the publication is oriented specifically for a

lay readership to make the requirements of transparent local government easy for everyone to

understand and practice.”

Open & Public V: A Guide to the Ralph M. Brown Act can be purchased online at

www.cacities.org/publications for $35 per copy or $30 per copy for orders of 15 or more. The price

includes tax, shipping and handling.

Additional Resources

Another helpful publication, The People’s Business: A Guide to the California Public Records Act,

provides comprehensive information about the process of public records requests and how to

respond. It addresses in detail the requirements of the California Public Records Act, which is central

to conducting government operations in a transparent and open manner. The League offers this and

additional resources at www.cacities.org/opengovernment for city officials and others who are

interested in learning more about open government and transparency in California.

The Institute for Local Government (ILG), the League’s nonprofit research affiliate, also provides a

variety of helpful publications and webinars that address ethics, public trust and transparency. In

addition, ILG conducts AB 1234 (Chapter 700, Statutes of 2005) ethics training, in which the law

requires elected officials to participate periodically. The ILG ethics and transparency website page

covers:

Promoting personal and organizational ethics;

Understanding public service ethics laws;

Ethics education;

Transparency strategies;

Ethics tools; and

A complete archive of the “Everyday Ethics for Local Officials” columns, which appeared in

Western City from 2002–14.

Visit www.ca-ilg.org/ethics-transparency for access to ILG’s comprehensive resources.

Eva Spiegel is communications director for the League and can be reached at espiegel@cacities.org.

Amanda Cadelago is marketing manager for the League and can be reached at

acadelago@cacities.org.

© 2016 League of California Cities®. All rights reserved. Printed with permission from the December

2016 issue of Western City® magazine, the monthly publication of the League of California Cities®. For

related information, visit www.westerncity.com.

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12/27/2016 LA County public health officials want bigger role as toxic watchdogs

http://www.dailynews.com/environment-and-nature/20161223/la-county-public-health-officials-want-bigger-role-as-toxic-watchdogs&template=printart 1/3

LA Daily News (http://www.dailynews.com)

LA County public health officials want bigger role as toxic watchdogs

By David Danelski, The Press-Enterprise

and Rachel Uranga, LA Daily News

Friday, December 23, 2016

Frustrated Los Angeles County public health officials are seeking toexpand their role in regulating hazardous materials following a seriesof high-profile toxic releases that have roiled communities acrossSouthern California.

In recent years, officials noted that L.A. County has been home to thenation’s largest methane release, in the San Fernando Valley; a Vernonbattery plant that exposed surrounding communities to leadcontamination; a toxic fire at a metal yard in Maywood and, mostrecently, the release of carcinogens from two metal processingcompanies in Paramount.

In all four cases, the companies responsible for the emissions had histories of noncompliance with various stateor federal regulations. And the incidents were hardly isolated. In Riverside, San Bernardino and Orangecounties, similar complaints have been lodged in recent years over emissions from industrial facilities.

“Do we have to wait until these are a crisis?” asked Angelo Bellomo, L.A. County’s deputy director of healthprotection. “There is a need for immediate government attention” and for re-examining the effectiveness ofexisting systems of government oversight, he said.

REPORT IDENTIFIES HOT SPOTS

In a report to the county Board of Supervisors, health officials have outlined an extensive plan to identify toxichot spots near residential neighborhoods and more closely monitor operations of toxic emitters to minimizehealth risks. The report criticizes gaps in the current regulatory system and says a greater emphasis on publichealth effects from toxic releases is needed.

“We have a major obligation to influence the actions of the regulatory agencies so that they are focused foremoston health protection,” Bellomo said.

The proposal also calls for the county to play a larger role in coordinating efforts by local, state, federal agenciesto prevent releases of hazardous materials and respond when major incidents occur.

Details of the proposal are still being developed. But it comes in response to a June action proposed bySupervisor Hilda Solis, who represents the area near the Vernon battery plant, that makes environmentaloversight a top budget priority. The board is expected to take up the plan in the coming weeks.

State and regional agencies say they already work closely with county agencies and note their investigationstake place in a complex regulatory framework with limited resources.

12/27/2016 LA County public health officials want bigger role as toxic watchdogs

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That structure often means their efforts to identify sources of pollution and crackdown on violators take longerthan local officials, residents and even some regulators want.

“One of the problems is that the volume of work has never been fully understood, and the staffing has neverbeen adequate,” said Florence Gharibian, a former branch chief of enforcement in the Los Angeles office ofCalifornia’s Department of Toxic Substances Control. “The longer that goes on, the more serious the problemgets.”

MORE THAN 20,000 L.A. COUNTY COMPANIES HANDLE TOXIC WASTE

In Los Angeles County alone, she estimates that more than 20,000 companies handle hazardous waste, adaunting regulatory responsibility.

In Paramount, one of the two metal companies recently focused on by regulators was found to be emittinghexavalent chromium, a cancer-causing substance, at levels hundreds of times above normal. However, recordsshow the plant reported the release of elevated levels of the substance to regulators for years.

In Vernon, Exide Technologies for decades operated a lead-acid battery recycling plant that processed up to120,000 tons a year of lead. State officials found airborne releases from the facility contaminated soil as much as1.7 miles away and some children living nearby were found to have elevated levels of lead in their blood. A$176.6 million cleanup in now underway.

In the northern San Fernando Valley leak at the Aliso Canyon underground natural gas storage field, stateregulators found Southern California Gas had delayed repairs on corroded pipelines. After a record release ofmethane and the evacuation of thousands of residents, the utility was slapped with a $2.25 million fine forneglecting to maintain equipment. And the scrap-metal yard in Maywood, which bordered homes, burned formore than a day, releasing toxic metal emissions that took weeks to clean up. The company had a long history ofenvironmental violations, records show.

Despite ongoing state or federal oversight, the risks to residents in those cases weren’t averted, county officialsnote.

LACK OF ENFORCMENT JEOPARDIZES PUBLIC HEALTH

“The lack of timely and effect enforcement is placing the public health in jeopardy,” said Bellomo of the countyhealth department “We can’t simply point to the regulatory agencies at the state level and say it’s their problem,not ours.”

One of the key state oversight agencies in Southern California is the South Coast Air Quality ManagementDistrict, which regulates air pollution from factories and other facilities in Los Angeles, Orange Riverside andSan Bernardino counties.

Sam Atwood, a spokesman for the district, said Friday that the agency has a strong record of workingcooperatively with county health officials to investigate toxic releases and take enforcement actions to protectcommunities. He noted that, among other things, county officials often use data proved by the air quality districtfor their assessments and regulatory actions.

In Paramount, he said, it was the air district that traced the toxic emission to Anaplex Corp. and Aerocraft HeatTreating Co. after another company was ruled out.

“We proceeded (in) lockstep with Los Angeles County health in taking every legal option available to see thatAerocraft and Anaplex take immediate actions to stop emissions of a cancer-causing chemical, hexavalentchromium, so that the health of the residents is protected,” Atwood said.

12/27/2016 LA County public health officials want bigger role as toxic watchdogs

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In recent days, Aerocraft agreed to a negotiated order that will reduce emissions to safe levels or allow thedistrict to shut down company operations using chromium-6. Anaplex is awaiting a hearing before anadministrative board after a Superior Court judge declined to grant county and air district officials an emergencyrestraining order against the company.

L.A. County’s public health department wants to demonstrate its model for a stepped up toxic oversight programin two low-income communities — East Los Angeles and Florence-Firestone in South Los Angeles. Bothcommunities, like Paramount, are next to heavy industrial areas.

SOME BUSINESSES COMPLY, OTHERS OFF THE RADAR

“I think that what you are going to find is there will be facilities in compliance and others that are completely offthe radar,” said Robina Suwol, executive director of California Safe Schools, an environmental justice groupadvocating for children’s health.

“It’s not uncommon for us to see businesses that have not been permitted or are unknown to regulators orenforcement agencies.”

That was the case in Paramount, where a cluster of metal processing facilities — many that make parts for theaerospace and manufacturing industry — are now being investigated. The city estimates there are about 80 ofthese types of businesses.

A multi-agency task force that includes the air district, county public health, state toxic regulators and othershave combed the city for weeks, visiting more than 150 business. So far, air district officials have issued noticesto 38 companies seeking more information about their operations, an indication that some could be operatingwithout the correct permits.

That’s partly the larger lesson of recent toxic release cases, health officials say.

“We need to initiate these types of generalized inspections on an ongoing basis,” Bellomo said. “So we candetect noncompliance or intervene as soon as possible.”

URL: http://www.dailynews.com/environment-and-nature/20161223/la-county-public-health-officials-want-bigger-role-as-toxic-watchdogs

© 2016 LA Daily News (http://www.dailynews.com)

12/27/2016 L.A.'s proposed ban on single adults near playgrounds is fear-based policy making at its worst - LA Times

http://www.latimes.com/opinion/editorials/la-ed-playground-ban-20161227-story.html 1/2

I

Editorial L.A.'s proposed ban on single adultsnear playgrounds is fear-based policy making atits worst

By The Times Editorial Board

DECEMBER 27, 2016, 5:00 AM

n an attempt to make Los Angeles parks seem super safe, City Councilman Mitch O’Farrell has

proposed barring adults unaccompanied by children from entering playgrounds. It’s an effort, he said,

to keep city parks “free of creepy activity.”

Who wouldn’t want to ban creepy activity or creepy people from playgrounds? But what O’Farrell is proposing

goes far beyond targeting worrisome activities that, in most cases, are already outlawed. It would bar any adult

from sitting on a bench, exercising or otherwise enjoying public space near playground unless he or she

brought a child along. Is this really necessary?

His proposal is based on laws in place in a handful of major cities, including New York City, where police

caused a minor uproar several years ago by ticketing people for sitting on playground-adjacent benches to eat

Anahi Gildo pushes her daughter Aurora, 1, on a swing at Rio de Los Angeles State Park on Jan. 28. (Los Angeles Times)

12/27/2016 L.A.'s proposed ban on single adults near playgrounds is fear-based policy making at its worst - LA Times

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donuts or play chess.

O’Farrell said he was inspired to propose the ban after residents in Hollywood complained that their local park

had been taken over by drug dealers. That is real problem, and by all means, the city should crack down on

illegal activity in playgrounds. But if drug dealing or vandalism is occuring at a site, then have police or park

rangers patrol it regularly. If there is a childless adult hanging around, leering at kids or taking photographs,

then enforce the state law that already makes it a criminal offense to loiter at a playground or school with an

unlawful purpose.

O’Farrell argues that we can’t assume every adult who wanders into a children’s play area is benign. But why

should the city assume that every adult without a child is a pedophile? That makes a childless adult a criminal

just for being in a particular public space, which is an overreach that can lead to foolish enforcement — like

ticketing people for sitting on a bench eating donuts.

This proposal is especially worrisome in light of the city’s effort to build more pocket parks to add open space

and amenities in underserved areas. These small parks are often no more than a playground and some

benches. Would childless adults be barred from taking advantage of the rare open space in their dense

neighborhood? Surely there are smarter ways to deal with legitimate problems in public parks.

Fo llow the Opinion section on Twitter @latimesopinion and Facebook

Copyright © 2016, Los Angeles Times

This article is related to: Drug Trafficking, Crime

12/27/2016 Print Article: In Los Angeles, funds will support an effort to help people navigate the immigration system

http://www.ocregister.com/common/printer/view.php?db=ocregister&id=739503 1/2

In Los Angeles, funds will support an effort to help peoplenavigate the immigration systemBy GRACE WYLER2016-12-25 20:36:45

City and county officials in Los Angeles will spend millions, including somepublic money, to provide legal assistance to immigrants facingdeportation.

The $10 million effort, known as the L.A. Justice Fund, is the mostaggressive move yet by local officials gearing up to challenge an expectedcrackdown on illegal immigration by the incoming administration of DonaldTrump. About half of the money will come from city and countygovernments, with the rest from private foundations.

Officials in Los Angeles said this month that the fund is aimed at ensuringefficiency and fairness in the immigration system. People in immigration

courts aren’t guaranteed legal counsel, and research shows that immigrants who have lawyers stand a muchbetter chance at staying in the country.

Whatever its results, the fund is an early sign of how Democratic politicians in California might try to make goodon their promise to protect undocumented immigrants from any mass deportation attempts. And the fund’screation sparks different reactions from players in the immigration debate.

“We don’t know how far the new administration will go when it comes to our nation’s immigration policy, butwe’ve all heard the rhetoric, the dangerous rhetoric of the election,” Los Angeles Mayor Eric Garcetti said whenthe fund was announced. “And we are ready to support people who can’t afford or who don’t realize they mightneed a lawyer.”

Others say that it provides an unfair benefit to those living in the country illegally.

“The City Council is making a value judgment that says they think its more important to provide legal assistanceto those who are here illegally than to provide assistance to U.S. citizens,” said Dave Ray, communicationsdirector at the Federation for American Immigration Reform, a Washington, D.C.,-based group that supportsimmigration restrictions. Ray suggested the money could be spent to help Los Angeles residents in other costlycivil proceedings, like foreclosure or child custody cases.

The fund also could put immigrant residents of Los Angeles at a distinct advantage in Southern California’sbyzantine immigration detention and court system. There are no known plans to create similar defense funds inOrange, Riverside or San Bernardino counties.

More than 50,000 people face removal proceedings in the Los Angeles immigration court, which covers a vastswath of Southern California. It’s unclear how many of the people have lawyers, but the national average isabout 37 percent.

The lack of legal counsel is particularly acute for people held in the region’s four immigrant detention facilities,which include the massive Adelanto Detention Center in San Bernardino County and three jails in OrangeCounty. In Adelanto, which has its own court, just 13 percent of detainees have lawyers, and about three-quarters of cases end in deportation.

“Without legal representation, people are extremely unlikely to make claims, even if they have them,” saidUCLA Law School professor Ingrid Eagly. “And they are extremely unlikely to win those claims.”

12/27/2016 Print Article: In Los Angeles, funds will support an effort to help people navigate the immigration system

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City and county officials in Los Angeles have not determined who will benefit from the new legal aid fund,although a motion passed by the Los Angeles County Board of Supervisors stated that it would be limited toimmigrants with ties to the county. The Los Angeles City Council will vote on the measure next month.

However the fund is allocated, it is clear the $10 million will not cover the costs of all Los Angeles residentsfacing removal proceedings or any of the immigrants from other parts of Southern California who facedeportation in the same immigration courts.

“As grateful as we are for the philanthropy and the city and the county, it is a small amount of money in terms ofthe need that is out there,” said Lindsay Toczylowski, executive director of the Immigrant Defenders Law Centerin Los Angeles.

The disparity highlights the lack of resources available to immigrants outside of Los Angeles. More than half amillion undocumented immigrants in Southern California live outside of Los Angeles, including 270,000 inOrange County, 170,000 in San Bernardino County, and 161,000 in Riverside County, according to data fromthe Migration Policy Institute.

“It underscores how underserved this population is,” said Luis Nolasco, a community engagement and policyadvocate for the American Civil Liberties Union in San Bernardino. “There are really no services, and very feworganizations that provide legal assistance to immigrants, particularly those facing detention and deportation.”

Though activists hope that the Los Angeles fund will be replicated in other parts of the state, Nolasco concededthat it’s unlikely local governments in Orange County and the Inland Empire will take similar steps to push backagainst federal immigration enforcement. Outside of Los Angeles, elected officials in Southern California havebeen less vocal to the incoming Republican administration about the issue.

The imbalance may be resolved at the state level. Positioning themselves as a bulwark against Trump’sagenda, Democratic lawmakers in Sacramento introduced a raft of immigration-related bills this month,including measures that would allocate as much as $80million to providing legal assistance to people facingdeportation.

While California immigration activists laud the new legal aid proposals, critics question whether it makes senseto spend taxpayer funds to protect those living here illegally from federal immigration enforcement, particularlywhen it is not yet clear what policy changes the Trump administration will pursue.

“To take this pre-emptive strike, it sends the message to the incoming administration that we are in defiance offederal law,” said Robin Hvidston, executive director of We the People Rising, a Claremont-based groupopposed to illegal immigration. “They are gearing up now for a question mark for the future.”

Contact the writer: gwyler@scng.com

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12/27/2016 Half of San Diego’s Homeless Are New to the Streets | PublicCEO

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Half of San Diego’s Homeless AreNew to the StreetsPOSTED BY : VOICE OF SAN DIEGO DECEMBER 21, 2016

DATA RELEASED THIS WEEK REVEALS THOUSANDS OF PEOPLEBECAME NEWLY HOMELESS IN SAN DIEGO LAST YEAR.

BY LISA HALVERSTADT.

San Diego saw a rush of newly homeless people last year.

About half of San Diego’s homeless population is newly homeless, according to data analyzed by the

Regional Task Force on the Homeless.

The ongoing study paints a starker picture of San Diego’s homeless crisis than the annual point-in-time

count, a census taken on a single morning every January.

Between last October and this September, researchers found more than 17,550 people had used

homeless services – and many of them were new to the street or shelters. That’s roughly twice the

number counted during this past January’s census.

And agencies who assist the homeless made nearly 10,300 new entries into a regional homeless

services database meant to track those receiving help during the same period.

That number reflects folks who hadn’t accessed homeless services the previous five years, said Sue

Lindsay, who leads the San Diego State University’s Institute for Public Health and was hired to help

the Task Force analyze the data.

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Lindsay unveiled the numbers late Thursday at the Regional Continuum of Care Council meeting,

where leaders countywide gather monthly to discuss strategies to address homelessness.

“Now there are some who would say because the problem is growing we’re not doing enough so why

do anything? What I would say is that we just need to do more,” said San Diego Housing Commission

CEO Rick Gentry, who leads the regional council. (The group plans to merge with the Regional Task

Force early next year.)

Gentry said he looked forward to further analysis of the numbers and noted one positive takeaway in

the data: San Diego County agencies helped more than 6,600 homeless people move permanently off

the streets last year.

The rub is that so many more became or remained homeless during that time.

Lindsay and Gentry believe the new data will allow local leaders to closely track their success and the

needs of the homeless-serving community throughout the year.

The new data represents a new chapter for efforts to address homelessness in San Diego.

For years, San Diego’s homeless-serving community has largely relied on the results of the point-in-

time count to shape local programs and initiatives. Regionally, it’s only had an anecdotal sense of the

percentage of newly homeless clients versus those who have been using services for years.

There’s still much to sort out. Researchers have yet to do a deep dive into whether San Diego’s seen a

larger boom in newly homeless people the past couple years, or to delve into the stories behind those

newly homeless people.

Lindsay said they’re planning to scrutinize the data as much as they can in coming months.

Greg Anglea, executive director of nonprofit Interfaith Community Services, said the data validates a

story that’s been largely anecdotal up to this point: There are many newly homeless San Diegans.

“What we see with eyeballs in downtown and in other communities is really being backed up in a major

way by hard data,” Anglea said.

Originally posted at Voice of San Diego.

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12/27/2016 CalPERS Considers – Then Rejects – Efforts to End Tobacco Divestment | PublicCEO

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CalPERS Considers – Then Rejects –Efforts to End Tobacco Divestment

POSTED BY : CAL WATCHDOG DECEMBER 21, 2016

By Steven Greenhut.

As the nation’s largest state-based pension fund, the California Public Employees’ Retirement System is

known for using its massive investment muscle to promote various social-investment causes. So-called

ESGs – Environmental, Social and Governance issues – are a major theme for CalPERS, as it promotes

broader board diversity, moves away from global-warming-creating carbon-intensive industries, and

invests more in women-owned and minority-owned businesses, among many other values-oriented

priorities.

Advocates for these types of investments often argue that it’s good business to focus more on “socially

responsible” companies or to divest from others, but an ongoing debate at CalPERS suggests that isn’t

always necessarily true. For months, CalPERS’ top investment officials have been setting the stage for a

vote in the investment committee on Monday. They proposed ending CalPERS’ 16-year policy of

divesting from tobacco stocks – a decision that analysts say has cost the underfunded system as much

as $3 billion over the years as tobacco stocks have soared.

But in a 9-3 vote, the investment committee decided not only to maintain its current ban on tobacco

investments, but to expand it further. As the Sacramento Bee reported, the committee’s vote is final

because it includes all members of the governing board.

CalPERS depicted its original divestment decision as a financial rather than social one and committee

members made the same point on Monday.

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12/27/2016 CalPERS Considers – Then Rejects – Efforts to End Tobacco Divestment | PublicCEO

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In 2000, tobacco companies were facing lawsuits. But as the Wall Street Journal reported in April, “The

MSCI World Tobacco index returned more than 309 percent in total returns over the decade from 2005

to 2015, compared with 172 percent total returns for the broader MSCI World consumer staples index,

according to FactSet.” And on Monday the committee also argued that tobacco investments still have

long-term risks, despite the recent tobacco-stock performance.

Yet despite the financial justifications, there’s always been a strong social element about the

divestment strategy. The latest remarks from top state officials and editorial boards makes clear that

the tobacco-divestment issue is a social matter as much as a financial-performance-related one.

“Not only is this a predatory out-of-state industry whose child-baiting marketing tactics are disgraceful,

but its product is responsible for more than $13 billion in annual health care costs,” said Lt. Gov. Gavin

Newsom, in a statement after CalPERS announced a reconsideration of its policy. “Taxpayers will be

forced to pick up part of that tab, including CalPERS’ own retiree health benefits. We cannot sell our

soul for profit. Investing in death for a return is inexcusable.”

Treasurer John Chiang argued that CalPERS never totally divested from tobacco stocks, anyway. “It is

time to end the charade that somehow CalPERS stopped investing in tobacco companies more than a

decade ago. Our external managers currently have plowed a sizable $547 million in tobacco-related

funds, according to the latest CalPERS staff estimates,” he said. Chiang called for CalPERS to divest

from its indirect tobacco-related investments, too.

And the Los Angeles Times editorial board on Monday made clear just how much this fight is about

social issues rather than financial ones: “Divestment is a difficult call for governmental pension funds.

They have a clear fiduciary duty to maximize the returns on their members’ investments. But in our

view, these public agencies also have a responsibility not to support evil, corrupt or destructive forces

whose ill effects far outweigh any good they may do. That can take the form of products, like tobacco

and firearms, or regimes.”

Those who testified at the committee also made similar social-oriented points. They won the day, as

the committee voted to divest of its remaining $547 million in tobacco-related investments – ones

invested by outside managers.

Not surprisingly, it’s been CalPERS’ investment staff that has focused more on financial returns. The

committee’s investment agenda for its Monday meeting detailed three options. It could have removed

all tobacco-investment restrictions. It could have expanded the divestment beyond the current

restrictions – i.e., also restrict tobacco investments from externally managed portfolios. Or it could

have left the current approach of divestment from internally managed portfolios. It chose option two.

“Divestment, as an active investment decision, represents a form of active risk taking that must be

considered, first and foremost, within the context of the CalPERS Board of Administration’s fiduciary

duty,” according to the staff report’s executive summary. “As a mature, cash-flow negative system,

CalPERS is obligated to seek out and implement the portfolio construction methods that best serve our

mission – the sustainable delivery of promised benefits. In efficient markets, however, limiting the

opportunity set for investments has generally been shown to have a detrimental effect on

performance, and CalPERS’ experience with its tobacco investment restrictions over the past 15 years

has been no exception to the general rule.”

As CalPERS investment officials explained in public presentations to its board last month, as a public

pension fund managing the assets of the state’s government employees, the agency’s prime

responsibility to assure that it makes the best-possible investments to assure that it fulfills its pension

promises to current and future retirees.

It’s worth reviewing the basics of how these pension funds operate. Typically in the private sector,

employees receive defined-contribution plans, such as 401(k)s. The employee has some money

deducted from the paycheck and invested in mutual funds. Sometimes the employer also contributes

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a portion. If the investments do well, the employee retires with more money. If they don’t the

employee has to make do with less.

By contrast, government employees at the state and municipal level typically receive a defined-benefit

plan, in which the government agency promises a set pension benefit based on a formula. The

government employer pays a large share, with the employee also typically having money deducted to

go toward the benefit. The pension fund invests those dollars. No matter what, the employee still

receives the promised amount. If investments go sour, the size of the unfunded liabilities, or debt,

grows and taxpayers are required to pick up the slack.

Given the potential impact on government budgets, these investment issues take on a highly political

tone. CalPERS’ investment returns have been dismal in the past year, which creates pressure for

reducing pension benefits or hiking investment returns. With the former a nonstarter in the current

political environment, the latter becomes the subject of intense scrutiny. That’s what we’re seeing with

the current debate in the CalPERS investment committee.

CalPERS staff had been leading the charge to a) further lower expected rates of return based on those

disappointing recent results and predictions of a continued tough road ahead; and b) try to boost

return rates by allowing staff to reinvest in soaring tobacco stocks. But the state Legislature apparently

hasn’t gotten this message.

New legislation would call for CalPERS and the California State Teachers’ Retirement System to divest

any holdings from a North Dakota oil pipeline that has been the source of protest by Native Americans

and environmental activists. Certainly, any such divestments would mean little in an investment

portfolio (in both funds) valued at $450 billion. But the Legislature is showing its desire to continue a

push for more investment based on social concerns rather than strictly financial ones.

That’s always a risk in publicly controlled systems. That’s a tension that will continue, although

Monday’s vote shows that CalPERS isn’t likely to soon abandon its current approach even in the face of

mounting fiscal problems.

Originally posted at Cal Watchdog.

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12/27/2016 Political Road Map: California secession fever is nothing new. There's a rich history of wanting to slice up the state or split it off - LA Times

http://www.latimes.com/politics/la-pol-ca-road-map-california-secession-20161224-story.html 1/3

C

Column Political Road Map: California secessionfever is nothing new. There's a rich history ofwanting to slice up the state or split it off

By John Myers

DECEMBER 24, 2016, 12:05 AM

alifornia’s famous chronicler Carey McWilliams once wrote that some see “this highly improbable

state” as more illusion than reality. Perhaps that explains its residents’ perpetual efforts to shake

things up and break away — either from the national government or each other.

Since 1849, more than 200 efforts have imagined a political do-over to the idea of California as a single,

sprawling American state. Every attempt has failed.

Tom Knorr, chairman of a 2014 secession campaign in Tehama County, holds the State of Jefferson flag with a logo that dates to the1940s. There have been more than 200 secession efforts in California's history. (Terry Chea / Associated Press)

12/27/2016 Political Road Map: California secession fever is nothing new. There's a rich history of wanting to slice up the state or split it off - LA Times

http://www.latimes.com/politics/la-pol-ca-road-map-california-secession-20161224-story.html 2/3

“All major social and political movements in this country take time and inevitably have to overcome failures and

setbacks before they are ultimately successful,” Louis Marinelli, the latest provocateur with secessionist dreams,

told The Times in an email.

Marinelli, 30, is leading a new effort to make California an independent nation, complete with its own catch

phase, “Calexit.” Last weekend, he went so far as to christen a California “embassy” in Moscow. (Marinelli, from

San Diego, said he’s temporarily living in Russia while working on his wife’s immigration status.)

But even as some California lawmakers openly discuss their post-election funk about the United States, it’s the

ultimate political Hail Mary. Assuming voters endorsed an independent nation in both 2018 and again in a

2019 special election, there’s legal doubt whether any state can exit the union.

Fo llow the latest happenings in Sacramento and Washington with our Essential Politics newsfeed »

What may be most striking is that anyone would assume there’s a shared state identity, when Californians more

often have tried to go their separate ways.

State lawmakers sent their first breakup plan to Congress in 1859, but it was squashed by the onset of the Civil

War. The equally unlucky, but colorful, Yreka Rebellion of 1941 saw a handful of Northern California counties

join grumpy southern Oregonians to propose a new state called “Jefferson.” They threw a big party in Siskiyou

County’s biggest town, Yreka, on Dec. 4, 1941.

Three days later, after the infamous attack on Pearl Harbor, secession fever subsided.

As the song says, breaking up is hard to do. There was a 1965 failed legislative effort to create the nation’s 51st

state with a dividing line at the Tehachapi Mountains that span Los Angeles and Kern counties, revisited and

dismissed in 1978. And then, the early 1990s plan for an advisory ballot measure to gauge voter interest

in splitting California into three states.

“I can't guarantee a perfect world, but I know that divided, more homogeneous Californias will be better than

the gridlocks we have now,” Stan Statham, then a Republican state assemblyman, said in a 1993 Times story.

Alas, his proposal died in the state Senate.

A 2009 plan would’ve carved California into separate coastal and inland U.S. states, presumably one favored

by Democrats and one by Republicans. The idea was recycled in 2011 by state Sen. Jeff Stone (R-Temecula)

while he was a Riverside County supervisor.

Few efforts garnered as much attention, or derision, as the 2014 campaign by Silicon Valley entrepreneur Tim

Draper to create six states out of California, with names like “Silicon Valley” and “West California.”

Draper, even after spending almost $5 million, failed to gather enough signatures to get his proposal on the

ballot.

12/27/2016 Political Road Map: California secession fever is nothing new. There's a rich history of wanting to slice up the state or split it off - LA Times

http://www.latimes.com/politics/la-pol-ca-road-map-california-secession-20161224-story.html 3/3

No secession effort has answered the practical questions — how to negotiate water rights, divvy up the existing

state’s assets, pay for border security, just for starters. Still, it often sparks valuable public policy discussions.

How sustainable is it when the Bay Area’s per capita income is more than double that in the Central Valley?

Why is poverty pocketed in a handful of regions? Does California, home to much of America’s recent job

growth, get what it deserves from the federal government?

Those concerns may trigger bouts of secessionist fever, but few would dispute that they’re also a good start on a

to-do list for California’s state and national leaders as 2017 comes into view.

john.myers@latimes.com

Follow @johnmyers on Twitter , sign up fo r our daily Essential Politics newsletter and listen tothe weekly Califo rnia Politics Podcast

ALSO:

Califo rnia secession backers say they’ve opened an “embassy” in Moscow

Big-city mayors oppose ‘Calexit’ secession effor t

Po litical Road Map: A long, co ld winter awaits fo r Califo rnia’s pension plans

Updates on Califo rnia po litics

Copyright © 2016, Los Angeles Times

12/27/2016 Print Article: Group believes California should form its own nation

http://www.pe.com/common/printer/view.php?db=pressenterprise&id=821574 1/2

Group believes California should form its own nationBy JEFF HORSEMAN2016-12-22 18:58:42

California has been described as a country unto itself. Could it be?

Yes California, a group advocating secession, filed paperwork with thestate attorney general in November for a proposed 2018 ballot measureto strike language in the state constitution binding California to the UnitedStates.

This month, the group announced the opening of a “cultural center” inMoscow – “the first of many planned California culture centers which willserve to build a bridge between the nation of California and the nations ofthe world,” according to a statement on Yes California’s website.

If its ballot measure succeeds, Yes California would pursue a 2019 vote to declare the state’s independence. Atleast half of the state’s voters would have to cast ballots and 55 percent would have to choose independencefor California to become its own nation, according to documents Yes California filed with the attorney general’soffice.

Talk of California secession is nothing new. But it gained momentum after Donald Trump’s election. HillaryClinton got 62 percent of California’s vote in defeating Trump, the largest margin of victory for a presidentialcandidate in the state since 1936.

The November election, which gave Republicans the White House and continued congressional dominance,underscored California’s political divergence from the rest of the country.

While the GOP controls most state legislatures and governorships, Republicans are a shrinking minority in theGolden State, where Democrats control the Legislature, 39 of 53 congressional seats and all statewide electedoffices.

California’s Democratic leadership has vowed to fight Trump over his plans to deport undocumented immigrantsand repeal Obamacare, and California’s battle against global warming is at odds with the views of climatechange skeptics in Trump’s cabinet.

In arguing for independence, Yes California contends that the state’s tax dollars subsidize the rest of Americaand that red-state politics marginalize California’s more progressive values. California can stand alone as aworld economic power, secession advocates say.

“We believe in two fundamental truths,” reads a statement on Yes California’s website. “(1) California exerts apositive influence on the rest of the world, and (2) California could do more good as an independent countrythan it is able to do as a just a U.S. state.”

Even if a ballot measure qualifies – 585,407 signatures are needed – and a majority of Californians want tosecede, an independent republic of California faces very steep odds. The question of whether states can splitwas answered in blood by the Civil War and in law by an 1869 U.S. Supreme Court decision that found no rightto secession in the U.S. Constitution.

12/27/2016 Print Article: Group believes California should form its own nation

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According to Yes California, a path to secession exists through the U.S.-ratified United Nations charter. But it’shard to see Washington recognizing U.N. authority on this issue, nor is it clear how many nations would riskAmerica’s wrath by recognizing an independent California, home to 12 percent of the U.S. population and avital part of the nation’s economy and food supply.

Independence activists could pursue a constitutional amendment to let California secede. But that requiresratification from three-fourths of the state legislatures.

California can assert itself in ways other than secession, said Jack Pitney, a professor of politics at ClaremontMcKenna College.

“Federalism allows each state wide latitude in setting its own polices,” he said. “As (Gov.) Jerry Brown says, wecould launch our own climate satellite (to study climate change) if the feds don’t want to.

“State officials can also push back in federal court, which is why Brown picked Xavier Becerra as attorneygeneral,” Pitney added. Becerra, a Democratic congressman from Los Angeles, is widely expected to challengethe Trump administration in court, especially over immigration policy.

SPLIT THE STATE

Throughout California history, there’s been talk about splitting up the state and discussions of splitting fromAmerica. The state is politically divided between coastal and inland regions and the more liberal urban cores vs.more conservative rural areas.

While Clinton won the statewide vote, Trump won many of California’s less-populated, more inland counties,including Siskiyou and Modoc counties in the north and Kern County north of Los Angeles County.

The concept of the state of Jefferson, which would combine parts of rural Northern California with southernOregon, dates to at least the 1940s. In recent years, county lawmakers and voters in five Northern Californiacounties have approved ballot measures or passed resolutions in support of Jefferson.

In 2009, then-GOP Assemblyman Bill Maze proposed the state of Coastal California consisting of 13 counties,including Los Angeles and San Francisco. Maze argued that coastal liberals politically drowned out California’smore conservative regions.

The desire to create a conservative haven led then-Riverside County Supervisor Jeff Stone in 2011 to proposethe state of South California. Thirteen counties, including Orange, Riverside and San Bernardino, would havebeen part of this 51st state.

In 2013, venture capitalist Tim Draper sought to split California into six states, which he said would be moreresponsive to local residents and easier to govern. A measure putting the six-state concept before voters failedto gain enough signatures.

So, it’s doubtful California will be divided into multiple states or split from the rest of the nation – unless the SanAndreas fault gets active. Remember those “California’s shaking away” earthquake fears?

Contact the writer: 951-368-9547 or jhorseman@scng.com

© Copyright 2016 Freedom Communications. All Rights Reserved. Privacy Policy & Terms of Service | Copyright | Site Map

12/27/2016 Judge declares mistrial in ex-Sheriff Lee Baca’s corruption trial

http://www.dailynews.com/general-news/20161222/judge-declares-mistrial-in-ex-sheriff-lee-bacas-corruption-trial&template=printart 1/3

LA Daily News (http://www.dailynews.com)

Judge declares mistr ial in ex-Sher iff Lee Baca’s cor ruption tr ial

By Susan Abram, Los Angeles Daily News

Thursday, December 22, 2016

Former Los Angeles County Sheriff Lee Baca walked out of federalcourt Thursday almost a free man after jurors said they werehopelessly deadlocked and a judge declared a mistrial in his jailcorruption trial.

The jury of six men and six women deliberated almost three days todetermine if Baca was guilty of obstruction of justice and conspiracyto obstruct justice. The charges stem from an investigation into inmateabuse inside Men’s Central Jail in 2011. After hearing testimony fromalmost 30 witnesses, viewing emails from officials and watchingvideo of L.A. County sheriff’s deputies intimidate an FBI agent, allbut one juror remained unconvinced that Baca had anything to do with

trying to thwart a federal investigation into inmate abuse.

U.S. District Court Judge Percy Anderson said he considered many factors before declaring the mistrial,including the complexity of the case, the time taken to deliberate, exhaustion and what he called an effort tocoerce one of the jurors.

“I’ve taken all these factors into account,” he said, adding “the public is served by declaring a mistrial.”

After the judge’s declaration, Baca, 74, stood outside the downtown L.A. federal courthouse with his attorneyNathan Hochman, his defense team and wife Carol Chiang and said he felt great but he had felt just as goodbefore the trial started. He thanked the jury for taking his case to heart.

“The nature of this jury’s intense scrutiny of the whole facts in the case was extraordinary,” Baca said. “This iswhat America thrives on — is jurors that really care.’’

Hochman said Baca protected and served the people of Los Angeles County for 48 years. He also was thankfulthat 11 out of the 12 jurors found the prosecutor’s argument “came up short.”

Should the prosecution choose to retry the case, Hochman said he and Baca looked forward to “vigorouslycontesting any charges in the future.”

One juror, who only gave the name as “Sherry,” told reporters that one juror was biased against Baca and wouldnot change his mind. She praised prosecutors for their presentation, but Baca’s name just couldn’t be linked tothe crimes.

“I was looking through notes, trying to link Baca’s name and I couldn’t link it,” she said.

Another juror, who wouldn’t give her name, called the process difficult.

“We did our best,” she said. “I don’t feel there was any evidence that showed that Mr. Baca was guilty.Unfortunately, we were unable to set that in stone.”

12/27/2016 Judge declares mistrial in ex-Sheriff Lee Baca’s corruption trial

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Prosecutors did not immediately address reporters on Thursday, nor issue a statement, or offer any indication ofwhat their next step might be, but another charge is pending against Baca: making false statements to federalinvestigators. Still, federal prosecutors saw a string of victories related to the jail corruption investigation withnine deputies and those higher in the Sheriff Department’s chain of command already sentenced to federal prisonfor their involvement in the inmate jail abuse scandal. That includes former Undersheriff Paul Tanaka, who wassentenced in June to five years in federal prison on similar charges to Baca’s.

U.S. prosecutors had said Baca was the “heartbeat” behind plans to thwart an FBI investigation into inmateabuse at the Men’s Central Jail. Sheriff’s Department personnel hid an FBI informant who obtained a cellphonein jail and they threatened a federal agent.

The mistrial was declared on an unusually tense day in the courtroom when Judge Anderson called severalsidebars, some so lengthy that three reporters from local media outlets objected in court that the discussionswere not being held in public.

Anderson later responded by saying he was not going to discuss those details because neither the defense norprosecutors wanted the public to hear it.

Jurors were handed the case late Monday.

In closing arguments, Baca’s defense team rebutted the charges, saying the former sheriff knew nothing of theplan to derail the investigation but instead was open to improving conditions for inmates.

Both sides repeated those themes in their lengthy closing arguments, with Assistant U.S. Attorney Brandon Foxsaying that Baca had a public persona, but in private he hid what he didn’t want the public to know.

“He abused his power to obstruct justice to ensure the inmates would not get to receive the rights they deserve,”Fox had told the jury. “He was going to do everything he could to keep investigators out.”

Hochman told the jury that prosecutors were trying to “poison your mind about Baca.” But he said they didn’thave enough evidence to link Baca to a conspiracy to obstruct justice nor to the obstruction charge.

“The mere fact that Sheriff Baca was at the top of the chain of command doesn’t mean he was personallyresponsible for these crimes,” Hochman said “He had an open-door policy. Sheriff Baca was very open inhaving multiple groups take a look into what was going on in the jails.”

Laurie Levenson, a criminal law professor at Loyola Marymount University, said she was not surprised by themistrial, given how difficult this case was. In fact, federal prosecutors had made a plea agreement with Baca fora six-month jail term because they knew what evidence they had and didn’t have, Levenson said. That deal wasdismissed by Anderson.

“There was no smoking gun,” Levenson said with regard to Baca ordering those below him to thwart the FBIinvestigation. She said she wasn’t certain if prosecutors would retry Baca. “This case doesn’t get better withtime.”

Meanwhile, Peter Eliasberg, chief counsel of ACLU of Southern California, said it was his organization’s workthat prompted the FBI’s investigation. The mistrial doesn’t absolve the Sheriff’s Department or the L.A. CountyBoard of Supervisors of what he called “their dismissals of years of warnings from the ACLU that corruptdeputies engaged in a systemic pattern of physical abuse of inmates in the county jails.”

Ron Hernandez, president of the Association for Los Angeles Deputy Sheriffs, said Baca and Tanaka’s mistakesresulted in a negative ripple effect on the department.

“It is past the time for the department to demonstrate it has engaged in self-reflection regarding the way it wasmanaged and institute positive changes to make this a better led department,” he said in a statement. “Let us be

12/27/2016 Judge declares mistrial in ex-Sheriff Lee Baca’s corruption trial

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the first to say that the only visible reaction to date — targeting deputies — is not that positive change,”

Ronda Hampton, a vocal critic of the department and the way deputies handled the case of Mitrice Richardson, a24-year-old who went missing in Malibu in September 2009 and was found dead 11 months later, said Bacaknew of the misdeeds occurring within the department.

“The bottom line is that he orchestrated or was at the very least a complicit part of cover-up and corruption,”Hampton said. “The most important aspect of all of this are the lives that were impacted by the abuse that heallowed to take place in his jail. When someone is harmed by those whom are supposed to protect and serve,harm is done directly to the victim, the loved one’s of the victims, as well as the community as a whole. Whenthe community loses trust in its law enforcement, then all order is lost.”

Baca, who retired from the Sheriff’s Department in 2014, said Thursday he worked to stop the abuse in the jailsand tried to mentor inmates through education programs. He’s expected back to court next month for a statusconference.

URL: http://www.dailynews.com/general-news/20161222/judge-declares-mistrial-in-ex-sheriff-lee-bacas-corruption-trial

© 2016 LA Daily News (http://www.dailynews.com)

12/27/2016 The Baca mistrial explained: What you need to know about the former sheriff's case - LA Times

http://www.latimes.com/local/lanow/la-me-bacaqa-20161222-story.html 1/3

I

The Baca mistrial explained: What you need toknow about the former sheriff's case

By Victoria Kim, Joel Rubin and Shelby Grad

DECEMBER 22, 2016, 3:05 PM

t was supposed to be the culmination of an expansive prosecution of corruption and misconduct in the

Los Angeles County jail system.

After winning convictions against many lower-level figures in the Los Angeles County Sheriff’s

Department, federal prosecutors brought charges against the man who had led the agency for 15 years.

But on Thursday, a jury deadlocked on whether former Sheriff Lee Baca tried to obstruct an FBI investigation

into allegations of abuse and other misconduct by his jail deputies.

That led the judge to declare a mistrial.

Ex-L.A. County Sher iff Lee Baca's obstruction tr ial ends in mistr ial; jurors hopelesslydeadlocked »

A mistrial was declared Dec. 22 in the corruption case against former Los Angeles County Sheriff Lee Baca.

12/27/2016 The Baca mistrial explained: What you need to know about the former sheriff's case - LA Times

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Here is a breakdown of the issues in the case.

What was Baca accused of doing?Baca, 74, was accused of conspiracy, obstruction of justice and of making false statements to federal

investigators about his involvement in the plan to interfere with the jail investigation.

Prosecutors allege that Baca resented the FBI’s efforts to investigate his jails and believed sheriff’s officials

should, as he said in a TV news interview, “police ourselves.” The U.S. attorney’s office has secured

convictions in the obstruction case against nine former sheriff’s officials, including Baca’s second-in-command.

Several other deputies have been convicted of civil rights violations in connection with the abuse allegations.

What was his defense?Baca’s attorneys maintained that although he was upset with federal officials for keeping him in the dark about

their operation, his motivation was not to impede the federal investigation. Undersheriff Paul Tanaka was the

one who directed the rank-and-file deputies to take steps to foil the FBI probe, a defense lawyer told the jury.

Baca did not know what was going on, the defense argued.

"The mere fact that Sheriff Baca was sheriff … does not make him criminally responsible for what went on

down below,” his attorney, Nathan Hochman said.

Hochman disputed prosecutors’ claims that Baca was driven to act out of worry the FBI investigation would

ultimately zero in on his failures to address the jail crisis. To the contrary, the attorney said, Baca had no motive

to keep the FBI from investigating his jails because allegations about abusive deputies had been made for years

and he had taken steps to correct the issue.

And far from throwing up obstacles in front of the FBI, Hochman said, Baca had wanted only to get

information about what was going on in his jails and the identities of potentially corrupt and abusive deputies.

He said the sheriff took action because he was being “stonewalled” by his federal counterparts.

Full Coverage: L.A. County jail system under scrutiny »

Hasn’t this argument been used before by other sheriff’s officials accusedof wrongdoing in the jail scandal?The claim of ignorance was attempted before by Tanaka, who was tried earlier this year on the same charges

Baca now faces. He told jurors he had had no hand in the obstruction, which he blamed on Baca. Tanaka

was convicted and sentenced to five years in prison. He is appealing the conviction.

Along with Tanaka, eight others from the department’s middle and lower ranks have been convicted or pleaded

guilty in connection with the obstruction.

12/27/2016 The Baca mistrial explained: What you need to know about the former sheriff's case - LA Times

http://www.latimes.com/local/lanow/la-me-bacaqa-20161222-story.html 3/3

Is Baca ill?Yes. He is in the early stages of Alzheimer’s disease. Had he been convicted, he could have faced several years in

prison.

Didn’t Baca at one point have a deal in the case?Yes.

Baca, who stepped down as sheriff in 2014 as the scandal engulfed the department, had tried to avoid putting

his fate in the hands of a jury. Earlier this year, with the U.S. attorney’s office preparing to seek criminal

charges against him, Baca struck a plea deal with prosecutors in which he would admit to a single charge

of making false statements to investigators and avoid the more serious obstruction charges. Under the terms of

the agreement, prosecutors agreed that Baca would serve no more than six months in prison.

The deal fell apart, however, when U.S. District Judge Percy Anderson, who has handed down stiff sentences to

the other sheriff’s officials convicted in the earlier trials, decided it was too lenient and made clear he intended

to put Baca behind bars for a longer time. Baca opted to take his chances at trial.

What were the deliberations like?In deliberations this week, jurors requested to review several pieces of evidence, including testimony by a former

Times reporter and a former assistant sheriff.

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Copyright © 2016, Los Angeles Times

This article is related to: Crime, Lee Baca, FBI, Paul Tanaka

12/27/2016 Future trials for ex-Sheriff Lee Baca still up in the air

http://www.pasadenastarnews.com/general-news/20161224/future-trials-for-ex-sheriff-lee-baca-still-up-in-the-air&template=printart 1/2

The Pasadena Star-News (http://www.pasadenastarnews.com)

Future tr ials for ex-Sher iff Lee Baca still up in the air

By Susan Abram, Los Angeles Daily News

Saturday, December 24, 2016

A jail corruption scandal that has dogged the Los Angeles CountySheriff’s Department since 2011 failed to go away completely by theend of this year, as federal prosecutors still must decide if they’ll retryformer Sheriff Lee Baca on obstruction and conspiracy charges aswell as move forward with another charge against him.

There was no word or indication Friday if prosecutors were going topursue a new trial against him after a mistrial was declared a daybefore. The jury had become “hopelessly deadlocked,” with 11 out of12 finding Baca not guilty in connection with thwarting an FBIinvestigation in the summer of 2011 into inmate abuse at Men’s

Central Jail.

If he had been found guilty, Baca would have been the 10th person and the highest ranking officer convicted inthe overall investigation into abuses within the jails.

In separate statements released Thursday, the ACLU of Southern California and the Association for Los AngelesDeputy Sheriffs said the mistrial doesn’t make the failures of the department’s past disappear.

“The fact that the jury could not reach a decision in this case does not absolve the failure in leadership of thosein the department at the time of these crimes,” ALADS President Ron Hernandez said.

Laurie Levenson, a criminal law professor at Loyola Marymount University, told this news organizationThursday she could see the possibility of prosecutors coming back with a new plea deal to avoid a retrial.

Still pending is a third charge against Baca of making a false statement to federal investigators. U.S. DistrictJudge Percy Anderson ruled earlier this month to allow a separate trial to be held for that charge. He agreed withprosecutors that testimony from a defense expert who is expected to say Baca was in the early stages ofAlzheimer’s disease while being investigated would result in juror confusion and unfair prejudice to thegovernment because Baca would appear sympathetic.

Both prosecutors and Baca’s defense team are expected to be in court for a status conference on Jan. 10.

In addition, Anderson is expected to schedule a surrender date for former L.A. County Undersheriff PaulTanaka, who was found guilty on obstruction and conspiracy charges and was sentenced to five years in federalprison. A federal appeals court denied Tanaka the chance to remain free while he appeals his conviction onobstruction of justice charges.

Los Angeles County sheriff’s Lt. Tom Carey, who pleaded guilty earlier this year to one count of making falsestatements linked to the same federal investigation, is expected to be sentenced on Jan. 30.

Other sentences for deputies accused of abusing inmates also are pending.

12/27/2016 Feds had a win streak in L.A. jails scandal. Then they took on the former boss - LA Times

http://www.latimes.com/local/lanow/la-me-baca-obstruction-trial-20161223-story.html 1/5

T

Feds had a win streak in L.A. jails scandal. Thenthey took on the former boss

By Joel Rubin and Victoria Kim

DECEMBER 24, 2016, 3:00 AM

he team of federal prosecutors was on a roll.

For nearly five years, the Public Corruption and Civil Rights section of the U.S. attorney’s office had

been building and winning cases against a group from the Los Angeles County Sheriff’s Department

accused of carrying out a plan to obstruct a federal investigation into allegations of inmate abuse at the county

jails.

The prosecutors worked their way up the chain of command. But when it went after its last and largest target

— former Sheriff Lee Baca — the government’s run of wins came to an abrupt end this week.

The mistrial declared Thursday after jurors deadlocked 11 to 1 in favor of acquitting Baca of conspiracy and

obstruction of justice charges affirmed what even prosecutors knew going into the trial: Convicting Baca would

Former Los Angeles County Sheriff Lee Baca talks to reporters outside the federal courthouse earlier this week after his obstruction caseended in a mistrial, with jurors hopelessly deadlocked. (Marcus Yam / Los Angeles Times)

12/27/2016 Feds had a win streak in L.A. jails scandal. Then they took on the former boss - LA Times

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be much harder than the others.

In the end, the government failed to convince all but one juror that Baca had harbored malicious intent and

played a direct role in the plot to interfere with federal authorities, an outcome that underscores the difficulty

of trying to tie top public officials to corruption carried out by subordinates, interviews with jurors and legal

experts showed.

“It is always challenging to pursue cases such as these, where the government is seeking to hold criminally

responsible a highly regarded public servant at the highest levels of law enforcement,” said Miriam Krinsky, a

former federal prosecutor who led a commission on jail violence and who has closely followed the trial. “The

prosecution of an iconic and respected figure such as Lee Baca was particularly challenging.”

The government itself acknowledged the weaknesses underlying its case in court papers related to a deal that

Baca and prosecutors struck earlier this year.

In June, Assistant U.S. Atty. Brandon Fox, the lead prosecutor in the obstruction cases, filed a memo

explaining why the judge should approve the deal. Under the terms of the agreement, Baca would plead guilty

to a lesser charge of making a false statement to federal investigators in exchange for no more than six months

in prison.

The proposed time behind bars was significantly less than the sentences U.S. District Judge Percy Anderson had

given to the defendants in the other obstruction cases, and Fox tried to convince Anderson that the

comparatively light punishment was justified because the evidence against Baca was relatively weak.

“While he was at the top of the organization, the evidence does not show that he was as involved...as his

subordinates were,” Fox wrote. Fox declined to be interviewed for this article.

In his memo, the veteran prosecutor went through the various aspects of the obstruction scheme, which

included hiding from FBI agents an inmate who was working as their informant, witness tampering, and

intimidating the lead agent in the case.

For each, Fox wrote, “The investigation has revealed no evidence that defendant Baca was aware.” By contrast,

prosecutors had managed to win a conviction against Baca’s top aide, then-Undersheriff Paul Tanaka, on a

bounty of emails, phone records and other evidence that showed he had led the group that carried out the

alleged scheme.

Anderson ultimately rejected Baca’s plea deal, saying it was too lenient. With the judge indicating he would

hand down a far stiffer sentence, Baca opted to take his chances with 12 of his peers.

At the trial, the government recast Baca in a much harsher light.

In the absence of clear evidence of the former sheriff’s direct involvement in the plan to thwart the

investigation, Fox and his team were left to build a more circumstantial case that Baca had helped devise the

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plan and been kept in the loop by Tanaka.

Their argument, said Loyola Law School professor Laurie Levenson, a former federal prosecutor, was

essentially, “He must’ve intended it because he didn’t call it off.”

Despite Fox’s claims to the jury that Baca was “the heartbeat” of the conspiracy and his portrayal of the former

sheriff as a vindictive, territorial leader, it ultimately was a hard sell against a decorated veteran sheriff,

Levenson added.

“It was great rhetoric, but it’s hard to prove that when Baca’s sort of on the edges,” she said. “He just is not as

venal as other defendants.”

Most of the sheriff’s subordinates convicted of obstruction were still pursuing appeals when prosecutors began

putting on their case against Baca, leaving the government with few witnesses willing to testify about their

interactions with the sheriff during the six weeks in 2011 when the alleged plan played out. Fox chose not to call

one possible witness, former Capt. William “Tom” Carey, who had already pleaded guilty to making false

statements to the grand jury in the case.

Instead, prosecutors relied on more peripheral witnesses, including a former L.A. Times reporter, who said

Baca told him that he directed two sergeants to visit the home of the lead FBI agent on the civil rights

investigation. The sergeants confronted the agent and falsely informed her they were obtaining a warrant for

her arrest.

Prosecutors alleged the move was an attempt to intimidate the agent and get the FBI to back off. A former U.S.

attorney, now a federal judge, recalled phone calls and meetings with Baca in which he said the then-sheriff

was angry and seemed to be in the know about developments in the case.

Two other deputies who had been convicted of playing a part in the conspiracy told jurors that while they had

little to no contact with Baca, it was made clear to them the orders came all the way from the top. One said he

watched a nervous supervisor walk into Baca’s office to notify him that deputies had mistakenly allowed FBI

agents to meet with the inmate who was working as a federal informant.

But jury foreman William Neal sai in an interview with The Times after the mistrial that he and fellow jurors

were unconvinced.

The panel had begun deliberations split on Baca’s guilt, but over more than three days of talks, all but one of

the jurors came to the consensus that prosecutors had failed to connect the retired sheriff to the actions in the

“...there just wasn’t enough concrete evidence that

had Baca ties to it— William Neal, jury foreman

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case, Neal said.

“That was one of the main points, at least for me and the majority of us, that there just wasn’t enough concrete

evidence that had Baca ties to it,” he said. “That’s where reasonable doubt came into play.”

The single holdout juror, though, seemed to feel adamant that it added up to prove Baca responsible, Neal

said.

“He agreed that a lot of the evidence was circumstantial, but as a collective whole, it showed that he was, in his

mind, guilty. He didn’t feel like he could be moved from this stance,” he said.

Another juror, who gave her name only as Sheri, said the holdout juror appeared “biased” from the start and

not open to discussion. For her, looking through her own trial notes for Baca’s name made it clear that he

didn’t know what was going on, she said.

“Phone calls, emails, looking for specifics. Is he guilty or not? That’s what we kept on looking for,” she said.

She said she went into the case thinking Baca, as the sheriff, would have been kept in the loop. But as she

heard the evidence, it became apparent he was not, she said. As to the problems in the jails, she said, the

prosecution did not make a convincing case that he was ignoring them.

“I believe he knew that there were things happening in the jail that shouldn’t have. I definitely think he knew.

But I think he was taking care of it,” she said.

The U.S. attorney’s office must now decide whether to retry Baca on the charges. He also faces a possible

separate trial on the charge he had previously agreed to plead guilty to — making false statements to federal

authorities.

joe l.rubin@latimes.com

victor ia.kim@latimes.com

For more news on Los Angeles County’s jail abuse scandal, fo llow us on Twitter :@joe lrubin and @vicjkim

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