all charges defendants found not guilty on 3 of 4 colonies corruption · 2017-08-29 · told you...
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8/29/2017 3 of 4 Colonies corruption defendants found not guilty on all charges – San Bernardino Sun
http://www.sbsun.com/2017/08/28/colonies-verdicts-for-three-defendants-at-130-pm/ 1/8
By JOE NELSON | [email protected] and RICHARD DEATLEY |[email protected] | San Bernardino SunPUBLISHED: August 28, 2017 at 11:18 am | UPDATED: August 29, 2017 at 1:22 am
Developer Jeff Burum, center, and his attorneys Jennifer Keller and Stephen Larsonreact as Burum is found not guilty of all charges in the Colonies corruption case verdicthearing at San Bernardino Superior Court in San Bernardino, Calif. on Monday, Aug.28, 2017. Defendants Burum and two former county officials — Supervisor Paul Bianeand Mark Kirk — were found not guilty after a marathon trial that has lasted nearlyeight months. (Photo by Rachel Luna, The Sun/SCNG)
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3 of 4 Colonies corruptiondefendants found not guilty onall charges
8/29/2017 3 of 4 Colonies corruption defendants found not guilty on all charges – San Bernardino Sun
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Three of the four defendants in the San Bernardino County-Colonies corruption
case were found not guilty of all charges on Monday, a�er a marathon trial that
lasted nearly eight months.
Rancho Cucamonga developer Jeff Burum and two former county of�cials —
former Supervisor Paul Biane, and Mark Kirk, former chief of staff for then-
county Supervisor Gary Ovitt — were charged with bribery, con�ict of interest and
improper in�uence in an alleged scheme to get county approval of a $102 million
court settlement in favor of a developer.
“I’m grateful to the jury,” Burum said a�er. “The jury gave up part of their careers
and lives for eight months. I’m grateful to my friends and family for sticking by
me in the belief this would be over eventually. Nobody should have to go through
seven years of waiting to defend themselves. Nobody.”
The verdicts were read in the packed San Bernardino courtroom of Judge Michael
A. Smith. Jurors for the three began deliberations late Wednesday a�ernoon, met
all day Thursday and had Friday off. Word came that verdicts had been reached by
midmorning Monday.
“Jury, this �nally concludes your service. Normally I’d just say ‘thank you’ — you
deserve more than that,” Smith told the jury, to applause in the courtroom. “That’s
not for your verdict, that’s for your service. We knew this would be a long trial. We
told you July; it’s now end of August. We’ve had jurors have a birth in the family, a
death in the family, a marriage; I hope no divorces, and if so, not because of the
case.”
A separate jury for a fourth defendant, former Assistant Assessor Jim Erwin,
continued deliberations on Monday. Erwin sat in to hear the verdict read on
Monday.
Most in the courtroom were silent as the verdicts were read, except a few visibly
and audibly celebrating spectators. The prosecutors said they would not be giving
any comment until the second jury gives its verdict on Erwin.
A�er a nearly three-year investigation by attorneys and investigators with the San
Bernardino County District Attorney’s and state Attorney General’s of�ces, a grand
jury in May 2011 indicted Burum, Biane, Kirk and Erwin in connection with the
controversial $102 million settlement between the county and Burum’s investor
group, Colonies Partners LP.
8/29/2017 3 of 4 Colonies corruption defendants found not guilty on all charges – San Bernardino Sun
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“They indicted me without a lawyer representing me, without a judge in the
room, without evidence,” Burum said outside court on Monday. “And they have
been running roughshod over our lives since then. No American should have to
wait seven years to go to court and clear their name.”
The years between the indictment and Monday’s jury ruling has had its
consequences, he said.
“Jim Erwin had to �le for bankruptcy, Paul Biane lost re-election,” Burum said.
Prosecutors have “ruined careers by this. … But I am looking forward to �guring
out what my life is going to be from now on.”
Following the reading of the verdicts, tearful friends and family gathered around
Burum. Hugs were exchanged and the repetitive patter of hands on backs could
be heard.
Southern California News Group Illustration
Biane sat outside the courtroom with wife Lea a�er Monday’s proceedings.
8/29/2017 3 of 4 Colonies corruption defendants found not guilty on all charges – San Bernardino Sun
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“I knew the jury would get it right, but it was surreal moment, knowing that it
could have gone the other way,” Biane said. “To hear those words ‘not guilty’ was
amazing. I can �nally move on and not have to worry about this every night and
waking up every night. This thing’s over.”
Jurors said a�erward prosecutors failed to convince them that any of the charges
against the defendants passed the “beyond a reasonable doubt” test.
There was no direct evidence of a bribe in the unconvincing circumstantial
evidence presentation, they said, and two key witnesses testifying under a plea
deal with prosecutors — former County Assessor Bill Postmus and former
Assistant Assessor Adam Aleman — failed in their star turns, the jurors said.
“No actual proof of where somebody said, ‘I’m going to give you this money for
your vote. I’m going to give you this job or promise you this future if you vote for
this,’” said juror Mitchell Gibson, 56, of Rialto.
The November 2006 settlement ended nearly �ve years of heated legal battle over
who was responsible for �ood control improvements at the Colonies’ 434-acre
commercial-residential development in Upland, Colonies Crossroads and
Colonies at San Antonio, respectively.
The settlement was preceded by a scathing ruling against the county in July 2006
by now retired Superior Court Judge Christopher Warner, who attended Monday’s
court proceedings. He ruled that the county, through fraud and deceit acted in
bad faith in its dealings with Burum and Colonies Partners and threatened public
safety regarding the �ood control issues at Colonies’ property.
“I believed that this prosecution was ill-advised, ill-conceived, and unfortunately,
blown up in the media so much that the prosecutor stuck with having to follow
through, even though the evidence wasn’t there, and that’s what the jury found,”
Warner said. “It’s unfortunate that it took so long and it had such a terrible
impact, tangible and intangible, on the defendants and a lot of bystanders,
including me. I think justice was served.”
Prosecutors alleged Burum paid $400,000 in political contributions to the three
defendants and former Board of Supervisors Chairman Bill Postmus, who later
entered a plea bargain with prosecutors and testi�ed at the Colonies trial. The
money, investigators alleged, were actually bribes or payments for delivering the
settlement.
Prosecutors said the bribes were disguised as contributions by Colonies Partners
to political action committees secretly controlled by the defendants or members
of the their staffs.
8/29/2017 3 of 4 Colonies corruption defendants found not guilty on all charges – San Bernardino Sun
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“Politicians and leaders need to be able to speak to their constituents,”
Burum’s attorney, Stephen Larson, said a�er the verdict was read. “We need that:
We need communication. In a democracy, communication is a good thing. … I
wish more leaders would listen to their constituents the way Paul Biane listened
to his constituents.”
All of the defendants pleaded not guilty, and said the PAC contributions were not
payoffs for the settlement votes and were legal, transparent, and could be viewed
online by the public.
Larson said the not-guilty verdicts were “a tremendous vindication of the position
we have taken from Day 1. This case was political retribution, it was irresponsibly
investigated, and it was just a horrible decision” to go forward with the
prosecution.
Jennifer Keller, one of the state’s top white collar criminal defense attorneys and
one of Burum’s lawyers, said the jury was able to return so quickly with
unanimous verdicts, a�er a little more than a day of deliberating, because there
was no evidence proving the defendants’ guilt.
“Had they had evidence to chew over, real evidence of guilt, or evidence that
could even be construed as evidence of guilt, it would have taken them awhile (to
deliberate), but there wasn’t any,” Keller said, adding that jurors were particularly
troubled by the testimony of former Assistant Assessor Adam Aleman, who
admitted to lying to the grand jury and authorities,and county Supervisor Josie
Gonzales, who was impeached several times regarding a 2006 China trip in which
she alleged to have seen Burum, who was not in China at the time and produced a
passport to prove it.
Juror Allison Woolley agreed.
“I could not go to sleep at night with me saying they were guilty,” Woolley, 34, of
Running Springs, said a�erward. “What they showed us, there was nothing there.”
Juror Mitchell Gibson said he lost 20 pounds during the trial due to the stress. He
too lost many a nights sleep, knowing the fate of four men rested in his hands and
those of his fellow jurors.
“For the amount of time the prosecution had to make this case, they did a
horrible, horrible job of presenting it,” said Gibson. “If there was proof that these
men were guilty, I’m thinking that they should have shown that right off the bat.”
Staff writers Ryan Hagen and Beau Yarbrough contributed to this story.
8/29/2017 ‘A lot of their evidence relied on a liar,’ Colonies jurors say – Press Enterprise
http://www.pe.com/2017/08/28/a-lot-of-their-evidence-relied-on-a-liar-colonies-jurors-say/?utm_source=dlvr.it&utm_medium=twitter 1/5
By JOE NELSON and RICHARD DEATLEY | Press-EnterprisePUBLISHED: August 28, 2017 at 7:11 pm | UPDATED: August 28, 2017 at 7:20 pm
file photosFormer San Bernardino County Supervisor Paul Biane, from left, Mark Kirk, one timechief of staff for former Supervisor Gary Ovitt. and developer Jeff Burum.
The jurors of three defendants in the Colonies bribery trial listened to nearly eight
months of testimony, but spent a little more than a day deliberating before
reaching not guilty verdicts Monday on all counts stemming from a $102 million
settlement in 2006 between the county and a developer that prosecutors claimed
was corrupt.
LOCAL NEWS
‘A lot of their evidence relied on aliar,’ Colonies jurors say
8/29/2017 ‘A lot of their evidence relied on a liar,’ Colonies jurors say – Press Enterprise
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Former San Bernardino County Supervisor Paul Biane, developer Jeff Burum and
Mark Kirk, a former chief of staff for one-time county Supervisor Gary Ovitt
listened as they were acquitted on bribery, con�ict of interest and improper
in�uence of a public of�cial charges, their faces re�ecting astonishment and then
relief when they realized their years-long criminal case was over.
Jurors who spoke a�er the verdict said the panel — it was the same 12 throughout
the trial — quickly concluded the prosecution’s case, whether exhibits or
testimony, came nowhere close to convincing them beyond a reasonable doubt
that the defendants were guilty.
Mitchell Gibson, who served as Juror No. 3 for Biane, Burum and Kirk, said
Monday he was ready to vote on a verdict as soon as he entered the jury room.
“For the amount of time the prosecution had to make this case, they did a
horrible, horrible job of presenting it,” said Gibson, 56, of Rialto. “If there was
proof that these men were guilty, I’m thinking that they should have shown that
right off the bat.”
“It was all unanimous from the beginning… There was not enough evidence.” said
juror Daniel Morris, 31, of Redlands.
Gibson said jurors believed they were presented evidence they did not feel was
germane to the case and did not prove anything.
He said the jury was unwilling to comply with Deputy Attorney General Melissa
Mandel’s request during �nal arguments that they review all the exhibits and
piece together in the deliberation room a paper trail she believed would prove the
defendants’ guilt beyond a reasonable doubt.
“She had all these years to put this together and now she wants us to go and be
archaeologists and do her job for her and �nd all this evidence to convict these
people,” said Gibson. “Show us the evidence in court.”
He said carts stuffed with binders were rolled into the jury room, and the table
had to be moved to make room for them.
“We weren’t going through all that stuff. There’s no way,” said Gibson. “We took
the case at face value. We agreed with the defense at the end. We just believe they
(prosecutors) didn’t make their case — no actual proof of where somebody said,
‘I’m going to give you this money for your vote. I’m going to give you this job or
promise you this future if you vote for this.’”
8/29/2017 ‘A lot of their evidence relied on a liar,’ Colonies jurors say – Press Enterprise
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Morris said jurors also soured on the prosecution’s two key witnesses, former
county Assessor Bill Postmus and former Assistant Assessor Adam Aleman, both
of whom testi�ed under plea agreements in return for reduced charges and more
lenient sentencing.
“A lot their evidence relied on a liar — Aleman — you could tell when he was on
the stand he was lying through his teeth,” Morris said.
As for Postmus, who was addicted to methamphetamine during the time of the
Colonies settlement negotiations and during the subsequent investigation, “A lot
of his stuff, he was on drugs. He didn’t remember,” Morris said. Postmus has said
he has been sober since 2012.
Defendant Mark Kirk hit a particular so� spot, said Gibson. He said the evidence
showed Kirk’s former boss, Gary Ovitt, had long supported the Colonies
settlement, before Kirk had even entered the picture.
“The things that they were doing to Mark Kirk, personally, I think were sad,”
Gibson said.
He said Biane, Burum and Erwin had been “trying to do something good for our
county.”
“We can’t have progress if we don’t have developers, and we can’t have developers
who are going to do any good if they don’t have politicians who think the same
way that they do,” said Gibson, who said he has a background in construction and
whose family has been developing property for years.
Joe Nelson
Richard DeAtley
Tags: Colonies corruption trial, Top Stories PE
8/29/2017 Not guilty verdicts in Colonies corruption case
http://www.vvdailypress.com/news/20170828/not-guilty-verdicts-in-colonies-corruption-case 1/3
By Shea Johnson Staff Writer Posted Aug 28, 2017 at 5:30 PMUpdated Aug 28, 2017 at 7:13 PM
A real estate developer and two former top SanBernardino County officials were found not guiltyMonday of corruption charges tied to the Coloniesscandal, believed by many to be the most consequentialcase of its kind in the county’s history.
SAN BERNARDINO — A real estate developer and two former top SanBernardino County officials were found not guilty Monday of corruptioncharges tied to the Colonies scandal, believed by many to be the mostconsequential case of its kind in the county’s history.
Jurors returned not guilty verdicts for Colonies Partners LP developer JeffBurum, former county Supervisor Paul Biane, and Mark Kirk, the former topaide for another past supervisor, Gary Ovitt, after beginning deliberations mid-last week.
The three had been facing charges over what prosecutors had alleged was anefarious scheme to wield political influence to secure a $102 million land-usesettlement from the county in 2006.
“The jury came to their decision pretty quickly after an eight-month trial, so theywere clearly not impressed with the government’s case,” Pete Scalisi, attorney forKirk, told the Daily Press.
The case was jointly prosecuted by the District Attorney and state AttorneyGeneral’s office. The outcome is almost certainly a bitter pill for countyprosecutors, but DA spokesman Chris Lee said earlier in the day they wouldn’t
Not guilty verdicts in Colonies corruption case
8/29/2017 Not guilty verdicts in Colonies corruption case
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address the verdicts Monday since the separate trial for a fourth defendant hasnot concluded.
“This is a resounding but utterly predictable defeat for the District Attorney ofSan Bernardino County,” said Stephen Larson, attorney for Burum, in astatement. “The trial revealed, as we said it would, that the investigatorsrecklessly ignored exculpatory evidence, that the prosecutors misled the indictinggrand jury, and that the government’s leading cooperator, Adam Aleman, andother former and present governmental officials lied in court.”
Colonies sued the county in 2002 and accused it of taking 67 acres of developerland for flood control easements on a 434-acre housing and commercial projectin Upland.
Burum had been accused of later paying $400,000 in bribes to sham politicalaction committees controlled by the former county officials and formerSupervisor Bill Postmus, who eventually entered a plea bargain, in order toobtain the settlement.
Five years after the $102 million deal, a grand jury returned a 29-countindictment in 2011, described at the time by prosecutors as a bulwark of sortsagainst corruption in the county and statewide.
Burum was acquitted of four bribery-related charges, while Biane was acquittedof three counts of bribery-related and conflict-of-interest charges. Kirk wasacquitted of two counts: conflict of interest and improper influence of an official.
“It’s kind of a whirlwind right now,” Kirk told the Daily Press. “Kind of surreal,so I’m letting it soak in, extremely relieved and grateful.”
His verdict was the last to be read Monday afternoon in a San Bernardinocourtroom, and conclusion of the years-long drama seemed to play out in “super-slow motion,” but he said he was encouraged by the not-guilty verdicts read forBurum and Biane before him.
“You feel better, but until I heard my name and heard ‘not guilty’ twice, Iremember just feeling my heart race against my chest,” he said. “I came to gripslong time ago, that whatever happened on this day, it was going to be just fine.”
8/29/2017 Not guilty verdicts in Colonies corruption case
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For the first time in six years, he’ll celebrate his father’s birthday Monday nightwithout criminal charges hanging overhead, he added.
“I can’t think of a better way to spend it.”
Meanwhile, former county Asst. Assessor Jim Erwin, also implicated in thebribery scandal and facing related charges, has his own jury. It was a requestmade by the DA’s office, citing Erwin’s proclivity in speaking to colleagues andreporters about the case and calling many of his comments inadmissible againstthe other former defendants.
Jurors in that case are still deliberating, according to a media report.
Shea Johnson can be reached at 760-955-5368 or [email protected]. Follow
him on Twitter at @DP_Shea.
8/29/2017 Union representing 7,300 Riverside County workers plans to strike – Press Enterprise
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By JEFF HORSEMAN | [email protected] | The Press-EnterprisePUBLISHED: August 29, 2017 at 9:04 am | UPDATED: August 29, 2017 at 9:15 am
Photo by Jeff Horseman, StaffThe Service Employees International Union was rallying on Tuesday, Aug. 29, in frontof Riverside County headquarters in Riverseide calling attention to safety conditions atone of the county’s hospitals.
LOCAL NEWS
Union representing 7,300Riverside County workers plansto strike
8/29/2017 Union representing 7,300 Riverside County workers plans to strike – Press Enterprise
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A union representing Riverside County employees is issuing a notice to strike to
county supervisors today, Aug. 29.
Members of Service Employees International Union Local 721 plan to strike
at 12:01 a.m. Sept. 6, union spokesman Mike Long said.
The union, which represents about 7,300 employees, has been engaged in talks
with the county over a new labor contract.
This is a developing story. Please check back for updates.
Jeff_Horseman_mugx.jpgJeff HorsemanJeff Horseman got into journalism because he liked to write and stunk at math.He grew up in Vermont and he honed his interviewing skills as a supermarketcashier by asking Bernie Sanders “Paper or plastic?” A�er graduating fromSyracuse University in 1999, Jeff began his journalistic odyssey at TheWatertown Daily Times in upstate New York, where he impressed then-U.S.Senate candidate Hillary Clinton so much she called him “John” at the end of aninterview. From there, he went to Annapolis, Maryland, where he covered city,county and state government at The Capital newspaper before love and thequest for snowless winters took him in 2007 to Southern California, where hestarted out covering Temecula for The Press-Enterprise. Today, Jeff writes aboutRiverside County government and regional politics. Along the way, Jeff hascovered wild�res, a tropical storm, 9/11 and the Dec. 2 terror attack in SanBernardino. If you have a question or story idea about politics or the innerworkings of government, please let Jeff know. He’ll do his best to answer, even ifit involves a little math.
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Tags: Top Stories PE
8/29/2017 Unbleached flour is substance that caused evacuation at Riverside County sheriff’s building – Press Enterprise
http://www.pe.com/2017/08/28/riverside-county-sheriffs-building-evacuated-for-possible-hazmat-situation/?utm_source=dlvr.it&utm_medium=… 1/8
By BEATRIZ E. VALENZUELA | [email protected] and GAILWESSON | [email protected]: August 28, 2017 at 9:56 am | UPDATED: August 29, 2017 at 7:27 am
A Riverside County sheriff’s deputy is taken to an ambulance after beingdecontaminated Monday, Aug. 28, 2017. A hazmat team was investigating a whitepowder found inside a letter delivered to the Riverside County Sheriff’s AdministrationBuilding. Several people were decontaminated and taken to the hospital as aprecaution; none were showing any adverse symptoms, officials said. (Photo by StanLim, The Press-Enterprise/SCNG)
LOCAL NEWS
Unbleached flour is substancethat caused evacuation atRiverside County sheriff’sbuilding
8/29/2017 Unbleached flour is substance that caused evacuation at Riverside County sheriff’s building – Press Enterprise
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Unbleached �our was the substance found inside a letter sent to the Riverside
County Sheriff’s Administration Building that triggered a hazmat response and a
�ve-hour evacuation Monday, a �re of�cial said.
The evacuation of the building at 4095 Lemon St. in downtown Riverside was
li�ed about 2 p.m.
The letter was located in the mail, a criminal investigation is under way and “it is
still under investigation as to who the letter was addressed to,” sheriff’s
spokesman Chris Willison wrote in an email.
Before it was known that the letter didn’t contain anything harmful, seven
employees underwent a quick decontamination — being sprayed down with a
hose — and were taken to the hospital as a precaution Monday morning.
“None of those seven employees reported any unusual signs or symptoms and all
have since been released without incident,” with no health effects noted, Willison
wrote in the email.
8/29/2017 Unbleached flour is substance that caused evacuation at Riverside County sheriff’s building – Press Enterprise
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@RSO Admin Bldg. evacuation lifted. No threat to public - PressRelease to follow2:09 PM - Aug 28, 2017
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The suspicious letter was delivered to the fourth �oor, which handles court
services.
Details about how the letter ended up in the of�ce were not immediately
available.
“Postal Inspectors responded and local responders screened the mailpiece, which
was determined to be non-hazardous. Local responders retained the mailpiece,”
Stacia Crane, spokeswoman for the U.S. Postal Inspection Service in Pasadena,
wrote in an email.
A�er the letter was reported at 8:39 a.m., ambulances, �re�ghters, police and
“overhead personnel” came to the scene. Lemon Street was blocked off between
10th and 12th streets.
A hazmat team went in to take samples. Riverside Fire Department Battalion
Chief Todd Gooch said they tested the substance twice, once inside the building
and once again outside.
Suspicious substance forcesevacuation of Riverside sheriff's dept.SCNG
8/29/2017 Unbleached flour is substance that caused evacuation at Riverside County sheriff’s building – Press Enterprise
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Fire�ghters conducted what is called a gross or quick decontamination of the
people who may have been exposed, said Riverside �re Capt. Mike Allen. In a
quick decontamination, people are sprayed down with water to get any large parts
of the potential contaminant off their clothing and body.
A second type of decontamination, called “three-pools decon,” uses three kiddie
pools full of different types of chemicals including soaps, Allen said. That type of
procedure is much more involved and time-consuming.
Because of the number of people potentially exposed to the unknown substance
Monday, the much faster gross decontamination procedure was chosen to
immediately treat the victims before getting them to an emergency center, he
said.
A woman in a deputy uniform gets hosed outside the @RSObuilding.11:01 AM - Aug 28, 2017
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Beatriz Valenzuela @BeatrizVNews
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About 100 employees were inside the sheriff’s building. A�er the evacuation,
those who didn’t go to the hospital were sent home, of�cials said.
Although police tape also was put up around the plaza outside the Riverside
County Administration Center across the street from the sheriff’s building, the
center remained open.
8/29/2017 Unbleached flour is substance that caused evacuation at Riverside County sheriff’s building – Press Enterprise
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Just before 11 a.m., a man walked out of the center and, looking bewildered by
the police and �re presence, asked if it was a drill.
They just taped off the County Building across the street.10:51 AM - Aug 28, 2017
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8/29/2017 33-year-old woman found dead at Glen Helen punk rock festival – San Bernardino Sun
http://www.sbsun.com/2017/08/28/33-year-old-woman-found-dead-at-glen-helen-punk-rock-festival/ 1/3
By STEVE RAMIREZ | [email protected] | San Gabriel ValleyTribunePUBLISHED: August 28, 2017 at 5:20 pm | UPDATED: August 28, 2017 at 7:27 pm
A 33-year-old woman from Bakers�eld was found dead following a punk rock
festival Saturday at the Glen Helen Amphitheater in Devore, the San Bernardino
County Sheriff reported.
Bridget Marie Soto, 33, was found unresponsive sitting inside a vehicle just a�er
11:30 p.m., according to a news release. Emergency workers tried to revive her
but were unsuccessful. She was pronounced dead shortly a�er.
Authorities determined Soto had a ticket for the It’s Not Dead festival, but never
entered the venue. Sheriff detectives found no evidence of foul play, the release
said.
The San Bernardino County Coroner’s of�ce will conduct an autopsy to determine
the cause of death.
The festival hosted 9,366 fans, and the Sheriff’s department previously reported
that deputies arrested three for public intoxication, and three others were taken
to nearby hospitals for medical treatment.
The names of those arrested were not released. The report said they were booked
at the West Valley Detention Center in Rancho Cucamonga.
LOCAL NEWS
33-year-old woman found deadat Glen Helen punk rock festival
8/29/2017 State Supreme Court rules in favor of Upland pot ballot measure – Daily Bulletin
http://www.dailybulletin.com/2017/08/28/state-supreme-court-rules-in-favor-of-upland-pot-ballot-measure/?utm_source=dlvr.it&utm_medium=… 1/6
By MONICA RODRIGUEZ | [email protected] | Daily Bulletin
August 28, 2017 at 11:50 pm
Upland City Hall is seen in a March 2013 file photo. (Staff file photo)
UPLAND >> The California Supreme Court ruled Monday that Upland of cials
should have placed a proposed marijuana-related ballot measure on a special
election after proponents secured the necessary votes do so, a lawyer for the
proponents said.
LOCAL NEWS
State Supreme Court rules in favorof Upland pot ballot measure
8/29/2017 State Supreme Court rules in favor of Upland pot ballot measure – Daily Bulletin
http://www.dailybulletin.com/2017/08/28/state-supreme-court-rules-in-favor-of-upland-pot-ballot-measure/?utm_source=dlvr.it&utm_medium=… 2/6
The ruling involves a lawsuit led on behalf of the California Cannabis Coalition
against Upland. To taxpayer watchdog groups this is much more than a cannabis
issue. To them, the ruling represents a loophole whereby cities working in
cooperation with special interest groups could potentially pass taxes without
following laws governing their implementation or increase.
“It’s a very disappointing decision,” said Jon Coupal, president of the Howard Jarvis
Taxpayers Association, by phone from Sacramento. “It injects a lot of ambiguity” into
efforts that have resulted in protections brought about by Proposition 13 and
Proposition 218, the Right to Vote on Taxes Act, as the latter is known. Proposition
218 was a state-wide measure sponsored by the Taxpayers Association and
approved in 1996.
“We’re wondering now if this will incentivize collusion by local government and
special interest groups,” Coupal said. “We have real concerns about this” decision.
The reaction to the court’s ruling from attorney Roger Jon Diamond, who
represents the California Cannabis Coalition, was far different.
“I’m ecstatic,” Diamond said.
Upland Interim City Manager Martin Thouvenell said that matter is something that
has been addressed because the measure was put before the city’s voters.
“For us, it’s decided,” Thouvenell said adding that the Taxpayers Association “took
the case on our behalf and lost.”
“None of it really means anything for us at this point,” he said.
The ruling is the latest development involving Upland and marijuana. Upland has
engaged in an ongoing battle to stop cannabis businesses from operating in the city
that has included the expenditure of large sums in legal costs. As for Upland voters,
they have voted twice in less than a year on local marijuana-related issues.
The case addressed by the state Supreme Court on a 5-2 decision stems from efforts
California Cannabis Coalition began in 2014. The group began collecting signatures
required to put a measure before Upland voters to determine if a city ban on medical
marijuana dispensaries should be overturned. The measure also proposed a $75,000
fee per dispensary that would be used for licensing and inspections of the
establishments.
By January 2015 the Coalition had collected the required number of signatures,
which was the equivalent of 15 percent of voters in the last election – making it
possible to have a special election.
8/29/2017 State Supreme Court rules in favor of Upland pot ballot measure – Daily Bulletin
http://www.dailybulletin.com/2017/08/28/state-supreme-court-rules-in-favor-of-upland-pot-ballot-measure/?utm_source=dlvr.it&utm_medium=… 3/6
“My clients asked the city to put (the measure) on a special election. They got the
percentage and it should have gone on a special election,” Diamond said.
From the city’s perspective, the $75,000 fee was a tax that had to be put before
voters for approval, but not a special election – the issue had to be on a general
election ballot, the city argued.
The two sides went to court and the city won at the San Bernardino County Superior
Court level, but when the matter went to the Fourth District Appellate Court its
ruling favored the Coalition.
In May 2016 the cash-strapped city was ready to drop the case when the foundation
of the Howard Jarvis Taxpayers Association offered to take the case at no cost to the
city.
As the case made its way through the courts the measure, known as Measure U, also
ended up on the November 2016 election ballot. Upland voters cast ballots on
Proposition 64, a state-wide ballot measure that was approved by California voters.
Upland voters rejected the state measure and they also defeated Measure U.
California Supreme Court Justice Mariano-Florentino Cuellar, writing on behalf of
the majority, said the justices considered the “interplay of two constitutional
provisions.” One provision involved “the people’s initiative power.” The second
provision involved constitutional amendments involving taxation and local
government limits on imposing, extending and increasing general taxes.
What the justices found, Cuellar wrote, is that “Multiple provisions of the state
Constitution explicitly constrain the power of local governments to raise taxes. But
we will not lightly apply such restrictions on local governments to voter initiatives,
‘one of the most precious rights of our democratic process.’ ”
The court agreed to review the case on June 29, 2016, the opinion reads. On Nov. 8
of the same year Upland voters went to the polls and 64.38 percent voted no on
Measure U making the matter a moot point. The justices, however, exercised their
power to retain that matter and address it although none of the sides have sought to
have it dismissed on “mootness grounds,” the opinion reads.
Justice Leondra Kruger wrote the dissenting opinion. She wrote that she concurred
with the majority in that the city should have put the measure on a special election
ballot.
8/29/2017 State Supreme Court rules in favor of Upland pot ballot measure – Daily Bulletin
http://www.dailybulletin.com/2017/08/28/state-supreme-court-rules-in-favor-of-upland-pot-ballot-measure/?utm_source=dlvr.it&utm_medium=… 4/6
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Join the Conversation
“I agree with the majority that the city council erred in refusing the request, though
for a narrow reason: The city council should have put the initiative on the special
election ballot and left questions about the validity of the fee to be sorted out in the
courts. That conclusion would suf ce to dispose of this case, which, as the majority
says, is now moot in any event,” she wrote
The majority of the justices viewed the mandate that general taxes be placed on a
general election ballot applies to local government and not to the electorate’s
initiative power, according to Cuellar’s document.
Krugar wrote that, “A tax passed by voter initiative, no less than a tax passed by
vote of the city council, is a tax of the local government, to be collected by the
local government, to raise revenue for the local government. None of this could have
been lost on the electorate that, also by initiative, amended the
California Constitution to set ground rules for voter approval of local taxes.”
Coupal said the Taxpayers Association will be monitoring the activities of local
government and groups that may attempt to put initiatives before voters and try to
get them approved by voters using lower vote thresholds even though they may
contain tax increases than required by law.
If cities and special interest groups make such attempts the Taxpayers Association
will move to close such loopholes, he said.
“We’ve done it before and we’ll do it again,” Coupal said, adding that closing the
loopholes may require going to the voters to make sure that happens.
Monica RodriguezMonica Rodriguez covers Pomona forthe Daily Bulletin. Follow Monica Rodriguez @PomonaNow
Tags: marijuana, Top Stories IVDB
8/29/2017 California Supreme Court: Local tax hikes proposed via initiative are different from those by elected officials - LA Times
http://www.latimes.com/politics/la-pol-ca-state-supreme-court-taxes-20170828-story.html 1/3
C
California Supreme Court: Local tax hikesproposed via initiative are different from those byelected officials
By Liam Dillon
AUGUST 28, 2017, 6:50 PM | REPORTING FROM SACRAMENTO
alifornia’s highest court weighed in Monday on how voters raise revenue for local governments,
deciding that tax increases proposed by city and county elected officials should be treated differently
than those put on the ballot through citizen initiatives.
No consensus has emerged over how far-reaching the ruling might be, but some said the decision could make
passage easier for local tax increases to finance school, road, transit or other specific repairs or expansions.
State Sen. Scott Wiener (D-San Francisco) cheered the decision as undoing state tax restrictions that have tied
the hands of local governments.
Los Angeles County voters passed a sales tax increase in November to fund Metropolitan Transportation Authority projects, including workon the Purple Line at La Brea and Wilshire, above. (Los Angeles Times)
8/29/2017 California Supreme Court: Local tax hikes proposed via initiative are different from those by elected officials - LA Times
http://www.latimes.com/politics/la-pol-ca-state-supreme-court-taxes-20170828-story.html 2/3
“It’s hard to overstate how important this ruling is,” Wiener said in a statement. “Communities will now have a
much easier time funding schools, transportation and other critical needs.”
But Jon Coupal, president of the Howard Jarvis Taxpayers Assn., warned of a spate of tax increases on their
way to city and county ballots.
“I don’t think there’s any way we can sugarcoat this,” Coupal said. “This is a significant decision that will lead to
unbridled collusion between local governments and special interest groups.”
At issue is nearly four decades of California tax policy that began after Proposition 13, the landmark 1978
initiative that said local governments couldn’t increase taxes for specific purposes, such as road or school
repairs, without the approval of two-thirds of local voters. California voters strengthened those rules to also
apply to assessments and other fees in 1996 through Proposition 218.
Monday’s decision, however, drew a clear line between measures put on the ballot by local elected officials and
those sponsored by citizen initiatives.
“Multiple provisions of the state Constitution explicitly constrain the power of local governments to raise taxes,”
Justice Mariano-Florentino Cuéllar wrote in a 5-2 majority opinion. “But we will not lightly apply such
restrictions on local governments to voter initiatives, ‘one of the most precious rights of our democratic
process.’”
By that logic, under an initiative, which is placed on the ballot via outside groups through the signature-
collection process, the two-thirds threshold may no longer apply, and a tax increase for a specific purpose could
possibly pass with a simple-majority vote.
Coupal said his organization plans to urge state lawmakers to place a constitutional amendment on the
statewide ballot to ensure that the higher standard remains in place in all cases.
Still, it’s unclear whether local tax increases now will have an easier road to passage. Monday’s ruling involved a
2014 initiative in Upland in San Bernardino County to impose a $75,000 annual licensing and inspection
charge on medical marijuana dispensaries.
The facts in the case are so unique that the state Supreme Court decision doesn’t address the distinction
between different thresholds as it relates to tax increases proposed via initiative, said Roger Jon Diamond, a
Santa Monica attorney who argued the case on behalf of Upland’s medical marijuana proponents.
“I believe that this does not affect one way or the other whether you need a two-thirds vote or simple majority,”
Diamond said.
@dillonliam
8/29/2017 KCDZ 107.7 FM - AT FIRST THOUGHT SAFE, CASTLE MOUNTAINS MONUMENT NOW IN THE CROSS HAIRS
http://z1077fm.com/at-first-thought-safe-castle-mountains-monument-now-in-the-cross-hairs/ 1/1
« FIREWORKS, FOOD, AND FAMILY FUN IN LANDERS THIS SATURDAY SMALL REPAIRS? REACH OUT HAS THE HELP IF YOU HAVE THE NEED»
AT FIRST THOUGHT SAFE, CASTLE MOUNTAINS MONUMENT NOW IN THE CROSS HAIRSBy Z107.7 News, on August 29th, 2017
A national monument that was not on the original list of 27 national monuments whose boundaries were to be reviewed by the Secretary of theInterior, may be threatened with revision or elimination after all. In April, Donald Trump signed an executive order directing Department of theInterior Secretary Ryan Zinke to review national monuments established since 1996 that are larger than 100,000 acres. Castle Mountain NationalMonument, located in San Bernardino County near the Nevada border, is only 21,000 acres. However, Castle Mountain surrounds an 8,300-acre openpit gold-mining operation, Newcastle Gold. The Los Angeles Times reports that Congressman Paul Cook of Yucca Valley sent Zinke a letter, and thenmet with Newcastle and Zinke in June, to discuss reducing the size of Castle Mountain by 50 percent, partly because Newcastle needs room to expandits operations. Cook claims there was no public input prior to President Obama creating Castle Mountain National Monument through the AntiquitiesAct. Conservationists and environmentalists are furious that Cook and Zinke were trying to reverse the national monument status of Castle Mountain,but Cook calls these groups “extremists” who are trying to shut down mining in the desert.
http://www.desertdispatch.com/opinion/20170823/review-of-monuments-designation-justified
http://www.latimes.com/local/california/la-me-monument-gold-mine-20170828-story,amp.html
S H A R E T H I S :
August 29th, 2017 | Tags: california, congressman paul cook, national monuments, san bernardino county | Category: Local News, Top Story
3
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NO CHANGE TO SAND TO SNOWNATIONAL MONUMENT
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TRUMP EXECUTIVE ORDER THREATENSTHREE REGIONAL NATIONALMONUMENTSAugust 17, 2017
In "Featured" July 13, 2017In "Local News"
April 27, 2017In "Featured"
8/29/2017 Couple vanished a month ago in Joshua Tree National Park. A $10,000 reward has been offered for tips - LA Times
http://www.latimes.com/local/lanow/la-me-ln-missing-couple-reward-joshua-tree-20170828-story.html 1/2
A
Couple vanished a month ago in Joshua TreeNational Park. A $10,000 reward has beenoffered for tips
By Veronica Rocha
AUGUST 28, 2017, 5:10 PM
$10,000 reward has been offered for information leading to the safe return of a couple reported
missing in July in Joshua Tree National Park.
The reward was announced Saturday as crews continued their methodical search for Rachel Nguyen
and Joseph Orbeso, said Jennifer Albrinck, spokeswoman for Joshua Tree National Park.
Using a specific grid pattern, she said, volunteers have been searching in and around the Maze Loop trail where
the couple are believed to have vanished.
The search for the missing couple began when they failed to check out of their Airbnb accommodations on July
28, according to Dan Messaros, a park ranger. Officials said they left all their belongings behind.
Rachel Nguyen and Joseph Orbeso were reported missing last month. Their vehicle was found in Joshua Tree National Park. (NationalPark Service)
8/29/2017 Couple vanished a month ago in Joshua Tree National Park. A $10,000 reward has been offered for tips - LA Times
http://www.latimes.com/local/lanow/la-me-ln-missing-couple-reward-joshua-tree-20170828-story.html 2/2
Authorities found their vehicle near the Maze Loop trail, in the northwest area of the park, where they believed
the couple went for a hike.
A ping from Orbeso’s cellphone was recorded about 4 p.m. on July 27 from within the park.
Nguyen, a 20-year-old Westminster resident, and Orbeso, a 21-year-old Lakewood resident, have not been seen
or heard from since.
For days and weeks, hundreds of people — including friends, family and law enforcement — scoured the park’s
rugged terrain as well as surrounding communities for the missing couple.
The intense search has since wound down, with crews focusing on certain areas, Albrinck said.
Anyone with information on the couple’s whereabouts is urged to call San Bernardino dispatch at (909) 383-
5652.
Twitter: @VeronicaRochaLA
Copyright © 2017, Los Angeles Times
8/29/2017 SCE software glitch causes billing errors for Apple Valley Choice Energy customers
http://www.vvdailypress.com/news/20170828/sce-software-glitch-causes-billing-errors-for-apple-valley-choice-energy-customers 1/2
By Staff reportsPosted Aug 28, 2017 at 10:53 AMUpdated Aug 28, 2017 at 10:53 AM
APPLE VALLEY — A software problem with Southern California Edison iscausing billing errors for some Apple Valley Choice Energy (AVCE) customers,town officials announced Monday.
Although original reports estimated that the billing issues involved 84 AVCEcustomers and that corrected invoices would be mailed out to those affected, theexact number is unknown.
Customers that did not have AVCE generation energy charges for the billingperiod of June 26 to July 26 should receive a new invoice from Edison this week,according to town officials.
“The Town of Apple Valley places a high priority on customer service and wantsto assist residents that have received a bill from Edison without AVCEgeneration charges listed on their most recent bill,” said interim Town ManagerLori Lamson in a statement.
“Staff is available to assist AVCE customers with concerns about missing chargesand to ensure that they receive corrected invoices in a timely manner.”
Once a final list of affected customers is received from Edison, AVCE staff willplace calls to help eliminate any confusion, but as of Monday morning a list hadnot been provided to town officials.
Monthly billing for AVCE is handled by SCE and, according to town officials,their representatives are taking steps to identify the source of the errors.
Customers concerned they did not receive a correct bill are urged to call townstaff at 760-240-7000 ext. 7523 during regular business hours.
SCE software glitch causes billing errors forApple Valley Choice Energy customers
8/29/2017 Expansion complete: Valley Hi Toyota opens new facility after 16-month remodel
http://www.vvdailypress.com/news/20170828/expansion-complete-valley-hi-toyota-opens-new-facility-after-16-month-remodel 1/2
By Joselyn Villalobos / For the Daily PressPosted Aug 28, 2017 at 5:11 PMUpdated Aug 28, 2017 at 5:11 PM
VICTORVILLE — Valley Hi Toyota has a new look, much to the delight of its customers.
After a 16-month remodeling project that saw the car dealership move to a temporary building next door, just north of thenew showroom on Valley Center Drive, Valley Hi Toyota recently opened its much anticipated new facility that has noshortage of bells and whistles.
Sporting a modern vehicle showroom, multiple customer lounges full of snacks and beverages, 24 work stations and more,the new 83,750-square-foot facility sits an 8-acre lot — a 50 percent expansion from its old location.
With a new kids play area and study lounge that features multiple iMacs and free wifi, the car dealership has made aconcerted effort to better accommodate its customers, including being pet friendly.
The new children’s area features hands-on entertainment from wall-to-wall with a race track patterned carpet, colorfulbean bag chairs and a fire truck play station.
The study area and customer lounges are plush with comfortable seating, charging stations, computers, televisions andcoffee machines that are able to make cappuccinos, espressos and flavored specialty hot drinks.
Outside of the new indoor luxuries, the expansion has allowed the dealership to widen its selection of vehicles on hand,now with up to 800 on the lot at a time.
Indoor service lanes are equipped with state-of-the-art tread depth inspections and there are now 50 vehicle service bays,10 of which are devoted to ToyotaCare.
Valley Hi Toyota car services are available seven days a week, including a free alignment sideslip test and complimentaryshuttle service.
Valley Hi Toyota is located at 14612 Valley Center Drive and is open from 7 a.m. to 9 p.m. Monday through Saturday and10 a.m. to 9 p.m. on Sunday. For more information, call Valley Hi Honda at 760-241-6484.
Expansion complete: Valley Hi Toyota opens new facility after 16-monthremodel
8/29/2017 Here’s what Inland Empire immigrants should know about labor rights, consulates say – San Bernardino Sun
http://www.sbsun.com/2017/08/28/heres-what-inland-empire-immigrants-should-know-about-labor-rights-consulates-say/?utm_source=dlvr.it… 1/4
By RYAN HAGEN | [email protected] | San Bernardino SunPUBLISHED: August 28, 2017 at 5:45 pm | UPDATED: August 28, 2017 at 5:51 pm
Salomón Rosas Ramirez, head consul of Mexico in San Bernardino, speaks at LaborRights Week on Monday at the Mexican Consulate. (Photo by Ryan Hagen)
LOCAL NEWS
Here’s what Inland Empireimmigrants should know aboutlabor rights, consulates say
8/29/2017 Here’s what Inland Empire immigrants should know about labor rights, consulates say – San Bernardino Sun
http://www.sbsun.com/2017/08/28/heres-what-inland-empire-immigrants-should-know-about-labor-rights-consulates-say/?utm_source=dlvr.it… 2/4
SAN BERNARDINO >> Even immigrants who entered the country illegally or who
don’t speak English have legal rights to fair employment, the consuls of Mexico
and Guatemala joined with attorneys to say Monday at the start of Labor Rights
Week.
The week is meant to advertise services the consulates offer year-round to help
with unfair labor practices, such as attorneys specializing in the labor rights of
immigrants.
“From January to July, we’ve had an increase in requests for service of over 200
percent,” said Salomon Rosas Ramirez, head consul of Mexico in San Bernardino.
“Most of those are people who have been �red unfairly.”
One of those who said he was unfairly �red — who declined to give his name
because he is an undocumented immigrant involved in ongoing litigation — spoke
during Monday’s news conference at the Mexican consulate in San Bernardino.
“We had no breaks and no pay for overtime,” the man said a�erward, through a
translator. “Workers began talking about their conditions, and I was leading them.
That’s why I was �red.”
The consulate’s PALE program — Program of Legal Assistance to Mexicans in the
Exterior — helps �ght for the rights of people who think they’re being taken
advantage of, said attorney Megan Beaman-Jacincto.
“In California, the rights of workers are the same regardless of immigration
status,” she said. “The only difference when we work with undocumented people
is we need to take more care.”
The California Department of Industrial Relations was also present. According to
literature they handed out, wage and hour questions can be �elded at 909-383-
4334; workplace safety and health questions can be reported at 909-383-4321; and
job inquiry questions can be answered at 909-383-4522. All of those can also be
answered in person at the local of�ce at 464 West Fourth St. in San Bernardino.
Mexican consulates in the United States have held Labor Rights Week since 2009,
with all 50 Mexican consulates in the United States participating since 2011.
The Guatemalan Consulate in San Bernardino also teamed up with its Mexican
counterpart in 2016.
“This week serves to advertise how important this work that we do all year is,”
said Billy Muñoz, the Guatemalan consul in San Bernardino.
A workshop on labor rights for the deaf community will be held Friday at the
Consulate of Guatemala in San Bernardino, 330 N “D” St.
8/29/2017 Inland area quarantine announced to stop spread of citrus disease – Press Enterprise
http://www.pe.com/2017/08/28/inland-area-quarantine-announced-to-stop-citrus-disease-spread/?utm_source=dlvr.it&utm_medium=twitter 1/5
By GAIL WESSON | [email protected] | The Press-EnterprisePUBLISHED: August 28, 2017 at 7:23 pm | UPDATED: August 29, 2017 at 7:26 am
California Department of Food and Agriculture agricultural technician Maritza Paredesuses an aspirator to collect adult Asian citrus psyllid samples from a tangerine tree inthe backyard of a home in Riverside on Tuesday, Aug. 1, 2017. The CaliforniaDepartment of Food and Agriculture announced last week that Huanglongbing, adeadly citrus greening disease, has been found in Riverside. (File photo by WatcharaPhomicinda, The Press-Enterprise/SCNG)
LOCAL NEWS
Inland area quarantineannounced to stop spread ofcitrus disease
8/29/2017 Inland area quarantine announced to stop spread of citrus disease – Press Enterprise
http://www.pe.com/2017/08/28/inland-area-quarantine-announced-to-stop-citrus-disease-spread/?utm_source=dlvr.it&utm_medium=twitter 2/5
A 94-square-mile quarantine area has been announced in portions of Riverside
and San Bernardino counties in an attempt to stop the threat of the citrus
greening disease.
The state Department of Food and Agriculture and the U.S. Department of
Agriculture announced the quarantine Monday, Aug. 28, which will prohibit
movement of all citrus nursery stock out of the area while maintaining existing
provisions allowing movement of commercially cleaned and packed citrus fruit,
according to a news release.
Any fruit not commercially processed, including residential citrus, must not be
removed from the property on which it is grown, although it may be processed
and/or consumed on the premises.
The quarantine area is generally bordered by Interstate 10 from Fontana to
Colton, east to Box Springs Mountain Reserve between Riverside and Moreno
Valley, on the west to Riverside Municipal Airport and on the south to East
Alessandro Boulevard in Riverside.
The quarantine was foreshadowed in a community meeting earlier this month
with agriculture and citrus experts in Riverside, about the effort to protect local
trees and the state’s $3.3 billion citrus industry.
A single tree near the interchange of the 60, 91 and 215 freeways in Riverside,
tested positive for the disease in late July. The tree was identi�ed when several
Asian citrus psyllids in the area tested positive for the bacteria that causes citrus
greening. The tree has been removed.
The disease, also called Huanglongbing, is a bacterial disease that attacks the
vascular system of plants, and does not pose a threat to humans or animals.
Once a tree is infected, there is no cure, so of�cials are using a strategy of trying
to control the spread of psyllids that may carry the disease and encouraging
researchers’ work to �nd a cure.
.
8/29/2017 Record-breaking heat wave to scorch Southern California - LA Times
http://www.latimes.com/local/lanow/la-me-ln-heat-wave-records-20170828-story.html 1/3
A
Record-breaking heat wave to scorch SouthernCalifornia
By Javier Panzar
AUGUST 28, 2017, 8:00 PM
sweltering heat wave will blanket Southern California through the middle of the week, elevating the
fire danger and probably breaking many heat records, according to forecasters.
The National Weather Service on Monday issued an excessive-heat warning through Wednesday,
saying the high temperatures will create “a dangerous situation” this week.
The Antelope Valley and other inland valleys are expected to face the worst heat this week, with triple-digit
temperatures.
The record books are already being rewritten in places such as Lancaster and Palmdale.
The National Weather Service said the heat poses a “dangerous situation” and urged residents to take precautions. (August 28, 2017)(Sign up for our free video newsletter here http://bit.ly/2n6VKPR)
8/29/2017 Record-breaking heat wave to scorch Southern California - LA Times
http://www.latimes.com/local/lanow/la-me-ln-heat-wave-records-20170828-story.html 2/3
On Sunday, temperatures ranged from the high 70s along the coast and in downtown Los Angeles to 106 in
Woodland Hills, 102 in Van Nuys and 116 in Palm Springs.
Records were shattered Monday when temperatures reached 111 in Woodland Hills, 109 in Lancaster, 108 in
Palmdale and 104 in Sandberg, according to the weather service. Records in the latter three areas were set in
2008, when temperatures had reached 107 in Lancaster and Palmdale, and 97 in Sandberg.
The Central Valley will be slammed Tuesday as it flirts with a few records.
The National Weather Service is forecasting highs of 108 in Fresno and 109 in Bakersfield.
It has not, been that hot on Aug. 28 in Fresno since Calvin Coolidge was president — it hit 108 in Fresno on that
date in 1888 and 1924.
The last time Bakersfield was this hot on Aug. 28 was in 1944, and earlier in 1924.
The Kern High School District canceled or postponed all outdoor and indoor athletic activities because of the
extreme heat, the Bakersfield Californian reported.
Meanwhile, Fresno Unified School District coaches were told to use caution with student athletes, the Fresno
Bee reported. Coaches were told to offer frequent hydration and shade breaks, and that students shouldn’t
participate in long-distance running or strenuous conditioning.
At nearby Clovis Unified School District, high school football teams were not allowed to practice in pads or
helmets, and shade-water breaks were required every 10 minutes, the newspaper reported.
The National Weather Service said hot and dry conditions will elevate the fire danger in Southern California.
The agency’s excessive-heat warning was slated to be in effect through Friday night.
“We’re still telling people, if they’re going to go exercise, do it in the morning — it’s the best time. Late evening
would be second best,” said Kathy Hoxsie, a meteorologist with the weather service.
Some weak sundowner wind conditions will add to the fire danger for the Santa Ynez Mountains in Santa
Barbara County through Wednesday, the service said.
Cooling centers in Los Angeles will be open from noon to 11 p.m. Others run by Los Angeles County will open
earlier.
“It is critically important to never leave children, elderly people or pets unattended in homes with no air
conditioning and particularly in vehicles, even if the windows are ‘cracked’ or open, as temperatures inside can
quickly rise to life-threatening levels,” said Jeffrey Gunzenhauser, Los Angeles County’s interim health officer.
Times staff writer Alene Tchekmedyian contributed to this report.
8/28/2017 3 Orange County cities among state’s top 25 in paying public pensions of more than $100K a year – Orange County Register
http://www.ocregister.com/2017/08/09/more-calpers-retirees-are-getting-100000-pensions-according-to-new-report/ 1/9
By TOMOYA SHIMURA | [email protected] and JEFF HORSEMAN |
[email protected] | Orange County RegisterPUBLISHED: August 9, 2017 at 5:51 pm | UPDATED: August 10, 2017 at 5:11 pm
AP Photo/Jonathan J. Cooper
In this Monday, Dec. 19, 2016, file photo, members of the California Public Employees’Retirement System, CalPERS listen to a discussion about tobacco taxes. The agencydistributes retirement funds and health care to public workers.
NEWS
3 Orange County cities amongstate’s top 25 in paying publicpensions of more than $100K ayear
8/28/2017 3 Orange County cities among state’s top 25 in paying public pensions of more than $100K a year – Orange County Register
http://www.ocregister.com/2017/08/09/more-calpers-retirees-are-getting-100000-pensions-according-to-new-report/ 2/9
Three cities in Orange County are ranked among the top 25 in California when it
comes to public-employee retirees who make $100,000 or more.
A report released Wednesday by Transparent California, a watchdog group that
tracks pension expenses, listed Santa Ana, Anaheim and Newport Beach as the
5th, 6th and 23rd top cities in the state’s $100K club.
Other Southern California public agencies in the top 25 include Riverside, Santa
Monica, Glendale, the Metropolitan Water District of Southern California,
Burbank and Pasadena.
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Overall, the group said the number of retirees with annual pensions of $100,000
or more grew 63 percent in the past five years.
Local cities described pension debt as a big and growing hurdle.
“Our unfunded pension liability is among our most challenging fiscal issues,”
Newport Beach City Manager Dave Kiff wrote in an email Wednesday, Aug. 9.
In Newport Beach, 141 of about 970 retirees are collecting more than $100,000
in pensions. The city will pay CalPERS, the agency that manages pensions and
health benefits for city and other public workers, about $50 million this fiscal
year, $33 million of which will go toward long-term debt payment. The city’s total
long-term debt — most in the form of pensions — is estimated at $300 million.
The rise in $100,000 pensions underscores the importance of making public
employee pension data public, Robert Fellner, Transparent California’s research
director, said in a news release.
8/28/2017 3 Orange County cities among state’s top 25 in paying public pensions of more than $100K a year – Orange County Register
http://www.ocregister.com/2017/08/09/more-calpers-retirees-are-getting-100000-pensions-according-to-new-report/ 3/9
Transparent California is an offshoot of the Nevada Policy Research Institute,
which describes itself as a “nonpartisan, non-profit think tank that promotes
policy ideas consistent with the principles of limited government, individual
liberty and free markets.”
A spokesman for Californians for Retirement Security, a coalition of unions and
other groups representing public employee retirees, took aim at Transparent
California.
“‘Transparent California is neither transparent nor in California,” Steve Maviglio
said. “It’s a Nevada-based anti-union group that refuses to disclose its donors, so
the irony of publishing the salaries of teachers, firefighters, school bus drivers
and other public servants shouldn’t be lost on anyone.”
Maviglio added: “This distorted data represents less than 2 percent of all of the
state’s retirees, most of whom had long careers in top level positions in some of
the most expensive areas of the state. The average state pension is about $2,700
per month and the beneficiaries often do not receive Social Security benefits.
That’s hardly enough to live on in many areas of our state.”
The data for Transparent California’s report came from public records, Fellner
said.
“We believe it is important for Californians to have access to complete
information about how their tax dollars are being spent, which is why we
published the entirety of the CalPERS report as it was provided to us in an easily
accessible and searchable format so that anyone interested in the data can
analyze it for themselves.”
Transparent California’s searchable database is at transparentcalifornia.com.
CalPERS spokeswoman Amy Morgan said the average CalPERS pension for a
public safety employee is $33,528, while the average pension for a non-public
safety retiree is $29,088.
“Overall only 3 percent of CalPERS service retirees receive pensions of $100,000
per year or more. (They) are executives who hold seats in either city or county
offices, or are physicians, or senior managers for police and fire departments,”
she said.
The three largest CalPERS pensions went to former Solano County administrator
Michael Johnson, $390,485; ex-Los Angeles Sanitation District general manager
Stephen Maguin, $345,417; and former UCLA professor Joaquin Fuster, $335,180,
according to Transparent California.
8/28/2017 3 Orange County cities among state’s top 25 in paying public pensions of more than $100K a year – Orange County Register
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The average pension for a “full-career” CalPERS retiree was $66,400, the group
reported.
According to Transparent California, Santa Clara County had the most six-figure
CalPERS pensions in 2016 with 861. Riverside County was third with 469, Long
Beach was fourth with 360. Santa Ana and Anaheim had 270 and 269
respectively.
Santa Ana Mayor Pro Tem Michele Martinez said Wednesday it’s no surprise
Santa Ana had the fifth highest number of retirees collecting at least $100,000.
The city had more than 100 employees retire over the past couple of years, she
said, adding that most were police officers.
“When we hire police officers, we are technically hiring them for 75-plus years…
The question we need to ask (is), ‘Can we afford it?’” Martinez wrote in an email.
The city has given raises to employees in 2014, 2015 and 2017, boosting Santa
Ana’s pension debt.
“I am not saying that police officers or public employees are bad people, or that I
blame them for negotiating good compensation packages, or that all of them are
overpaid,” Martinez said. “We have a system in place that benefits them and it
will continue until we can no longer pay for cities services and leaves us only
paying out retirement pensions.”
Some cities are working on ways to pay down the expected debt.
In June, Newport Beach approved paying CalPERS up to $9 million more than
required specifically to pay off pension debt faster. Kiff said if the city continues
overpaying at that rate it could retire its pension debt within 20 years.
Mayor Kevin Muldoon said the challenge in Newport Beach isn’t as big as in some
other cities. Newport Beach — which has some of the wealthiest neighborhoods
in California — takes in enough revenue from sales and property taxes to cover
the pensions, he said.
“In Newport Beach, we are able to maintain a high level of service mostly by just
being frugal,” Muldoon said. “As far as daily operations go, we are doing a good
job of maintaining our services.”
Pasadena Mayor Terry Tornek did not find the numbers shocking. He noted that
similarly sized cities in the area, such as Burbank and Glendale, spent similar
amounts on retirees in 2016. He attributed Pasadena’s ranking to the city’s
efforts to stay competitive.
8/28/2017 3 Orange County cities among state’s top 25 in paying public pensions of more than $100K a year – Orange County Register
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“Pasadena’s practice in the past has been to pay its personnel in the top 25
percentile in order to get the best people,” Tornek said, adding the city
abandoned the practice “some time ago, because we can’t afford it anymore.”
Pasadena, already facing deficits, expects significant leaps in pension obligations
– from $30 million to $80 million per year — in the next two decades.
Still, Tornek said Transparent California’s ranking doesn’t factor in cost reductions
over the years as labor groups, particularly police and fire, took salary cuts to
preserve higher pension payouts.
Residents expect to receive high-quality services, he said.
“If you have chest pains and an EMT shows up to take care of you, you want to
make sure he gets there fast, that he is well equipped, well-trained and that he
saves your life,” Tornek said. “At that point, you’re not getting upset that he is
getting paid in the top 25th percentile of the region.
When data from non-CalPERS retirement systems are factored in, almost 53,000
retired public employees got pensions worth at least $100,000 in 2016,
Transparent California found.
The group’s report comes amid an ongoing debate about public employee
retirement benefits.
Many cities and counties in California are having to chip in more for CalPERS,
taking up taxpayer dollars that could be used for public services. And alarm bells
have sounded for years about the size and sustainability of unfunded liabilities
for current and future retirees.
To rein in future pension costs, state lawmakers in 2013 passed legislation that
gives lower pension benefits to new employees.
Besides pensions, Transparent California also focuses on public employee
salaries. In May, the group focused on what it described as exorbitant
compensation, including $257,000 in overtime paid to a Riverside Public Utilities
dispatcher.
Staff Writers Jason Henry and Jessica Kwong contributed to this report.
Southern Tomoya Shimura
Tags: Anaheim, Newport Beach, pensions, Top Stories OCR
(https://adclick.g.doubleclick.net/pcs/click?xai=AKAOjsshqyl1zWCt1eci68dKxcI-vRUsGR5cCuNUrUAQUxPojJ_RUduWCB30Vpqa7ZrjcRk_GSpbkaUD_c-IL_xIyxYNKlfu8eIjklTHdR4sTtWa0SPdlgxf5e1rfPzrmADhamAdm0YFHX1rY-kwCyNErPeOtsZ7sLTE-9TNVhUhjaty8RcwwQSFyYrTmFxOPTRVjd1pIOdj_XjlGhb5wPdcj6tU8IQpyH0LX-X6ovo089m-RcGPOHGjHueUVT9_KA9CvCRiFQhY-93WzO2RosI&sig=Cg0ArKJSzK2xzgCjLeZJEAE&urlfix=1&adurl=https://ad.doubleclick.net/ddm/trackclk/N377807.6441AGANNETTCOMPANYUSATO/B10760525.149354269;dc_trk_aid=403494217;dc_trk_cid=92140457;dc_lat=;dc_rdid=;tag_for_child_directed_treatment=)"In God We Trust" motto voted down in Visalia
Luis Hernandez, [email protected] Published 10:50 a.m. PT Aug. 22, 2017 | Updated 12:21 p.m. PT Aug. 22, 2017
Visalia City Council voted down a motion to have the motto "In God We Trust" posted inside council chambers.
Mayor Warren Gubler said council members like the motto as it's used nationally and on the country's currency.But when it comes to council chambers and local issues, the motto doesn't fit.
"It's the national motto," Gubler said. "On a city basis, we don't usually get into national issues. At the locallevel, we have public safety, having good roads and dealing with street gangs."
Gubler said he voted to oppose the proposal because he didn't see a request from local residents to include themotto at the council chambers.
"I didn't get a single contact asking us to do that," he said. "There wasn't a groundswell telling us we had to put that language."
(Photo: Archive)
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On the contrary, Visalians hit social media and urged councilmembers to oppose the motion.
"The principle of the separation of church and state exists for good reason, and we should not weaken that division," said Jim Reeves in a blog post(/story/opinion/alternatingcurrents/2017/08/21/in-zeus-we-trust/104803810/).
Gubler also said adding the motto may keep away residents who have a different faith or no religion at all.
“We have people of many different faiths,” he said. “We want the chamber to be welcome for everybody who wants to speak. It wasn’t something to puton the walls.”
The item had originally been brought up by Councilman Steve Nelsen.
During Monday's meeting, council voted to drop the matter, bringing an end to the topic.
Gubler, Greg Collins, Phil Cox and Bob Link voted to end the conversation before it started.
“My opposition was well before the council meeting,” Collins said. “I indicated I was not interested in discussing the matter.”
Collins said the topic is better suited for a different forum.
“There are so many issues of national importance that everybody has an opinion on,” he said. “This is better debated in another public forum. City hall istrying to get opinions on the matter we deal with day to day.”
Nelsen said he brought up the item as a way to unify residents.
“I tried to bring a unifying comment,” he said. “‘In God We Trust’ is something that identifies us as Americans.”
Nelsen also said putting up the motto shouldn’t stop others from coming to meetings and addressing council.
“It’s not a stop sign,” he said. “Everybody is welcome in the chamber.”
Nelsen also said council taking up the motto has nothing to do with tackling a federal or national issue.
“Council saw it as a federal issue,” he said. “I didn’t.”
Nelsen said he knew the topic would draw a lot of comments. He also said he was surprised at the lack of support.
“I am trying to understand the dynamics,” he said. “I had my chance. I disagree with the outcome.”
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8/29/2017 | Making the Poor Pay Twice
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Making the Poor Pay TwiceIn July, the Alameda County Superior Court system moved most criminal arraignments in the county to anew $147.5 million courthouse in Dublin, far from the region’s main population centers. The planimmediately sparked outrage, including from Oakland Mayor Libby Schaaf, who argued that it wouldfurther erode court access for the East Bay’s poorest people to the criminal justice system.
Records also show that low-income residents, many of whom live in Oakland and now must travel to theeast part of the county for criminal cases, are the same people who largely paid for the construction of thenew Dublin courthouse, which is a mile away from the Dublin BART station.
In fact, a substantial portion of costs for the new East County Hall of Justice—as well as most recentlyconstructed courthouses in California—have been paid through hikes on fines and fees for criminalcitations, including many minor infractions and traffic tickets. According to a January 2016 report by thenonpartisan state Legislative Analyst’s Office, about one-sixth of all fine and fee revenue collected in thestate goes to court construction costs.
“The fines that are related to coming into the criminal system are outrageous,” said Alameda County PublicDefender Brendon Woods, who has been one of the most vocal opponents of the plan to hold countywidearraignments in Dublin. “The people who have the least are in some ways required to spend the most.”
A 2016 report by a coalition of legal aid organizations, including the Lawyers’ Committee for Civil Rights ofthe San Francisco Bay Area and the East Bay Community Law Center, found that California’s structure offines can lead to devastating impacts on poor and minority communities. Fines and fees are chargedwithout regard to who can afford to pay, leading to late fees piling up for already struggling people whothen can lose their driver’s license and their transportation to work and can even wind up in jail.
According to records, the state Judicial Council and Alameda County Superior Court together contributedabout $122 million toward the Dublin courthouse project, with about half coming from the state and theother half coming from the local court system. Most of that money was either raised through fines and feesor loans that will be repaid with future fine and fee revenue.
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PHOTO BY D. ROSS CAMERON
As part of its contribution to the new Dublin courthouse, Alameda County courts, which have long claimedthat they’re financially strapped and have been forced to cut back on court personnel and access to thecourts, spent $20.8 million of its own funds. All of that money came from civil assessment fees—asignificant portion of which was levied on low-income residents, many of whom live in Oakland. These fees,imposed for minor infractions like a broken taillight or failure to report a change of address, are oftencharged to people who can’t afford to pay. The court is also paying $2 million per year from future revenuederived from these same revenue sources to the state Judicial Council until 2022 to repay a $40 millionloan for the Dublin courthouse’s construction costs.
Another $50 million for the courthouse was provided by the state and was raised through SB 1407, a billauthored in 2008 by then-state Sen. Don Perata. That legislation hiked state-imposed civil filing fees aswell as fines and fees for traffic violations, infractions, misdemeanors, and felonies to generate $250million annually. Alameda County courts are paying another $2.5 million per year raised through these feehikes toward the same $40 million loan.
The numerous fines and fees tacked onto each ticket results in what would be a $100 fine costing $490after fees are added, including $50 for court construction from SB 1407. Late fees, including the civilassessment fee, can make that same $100 ticket cost $815.
And while the state ostensibly was raising money for courthouses when it passed SB 1407, it’s been usingthe fees to close its own budget gap. State lawmakers raided the courthouse construction funds as the
8/29/2017 | Making the Poor Pay Twice
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state’s fiscal outlook worsened during the Great Recession. According to the Judicial Council, $1.8 billionin court construction funds have been redirected to address the state’s budget shortfall since 2009. Whilethe Judicial Council swiftly approved 41 courthouse projects in 34 counties after the bill passed, 11 of theplanned courthouse projects have been delayed indefinitely due to lack of funds.
The new Dublin courthouse—which was originally built to primarily serve east county residents—alsocomes at a time when there have been brutal budget cuts and drastic reductions in court access throughoutthe state. In Alameda County, the court started the last fiscal year with a $5 million budget deficit, leadingto the complete closure of the court system for a week in December, cutting clerk’s office hours in January,and suspending probate examiner’s phone hours in April. The county court system has also been reelingfrom a multimillion-dollar scandal involving a new computer system that doesn’t work properly.
In addition, state allocations for Alameda County Superior Court have been cut for eight straight years,plummeting from about $125 million in the 2007-08 fiscal year to about $76 million in the 2016-17 fiscalyear, according to Morris Jacobson, who is the county’s presiding judge and who made the decision tomove all criminal arraignments to the new Dublin courthouse. While the state has taken steps to restorefunding to education and other services cut in the midst of the recession, courts have remainedunderfunded.
“While we once had about 950 employees, we now have about 650,” Jacobson said in June as criticism ofthe new courthouse mounted. “We literally do not have—nor can we afford to hire—enough courtroomclerks, court reporters, and other staff to operate our courts.”
Those cuts are a substantial part of the reason that Jacobson said it was necessary to move most of thecounty’s arraignments to the new Dublin courthouse, across the street from the county’s main jail, SantaRita. As of July, all criminal proceedings from the Hayward courthouse moved to the new Dublincourthouse as well as most arraignments from Oakland. Because it’s the biggest city and has the highestcrime rate, most of the county’s criminal cases originate in Oakland.
Arraignments are the first court appearance by a criminal defendant and are often held in quick succession.Santa Rita holds about 4,000 inmates, about half of whom haven’t been sentenced and are in variousstages of criminal proceedings. Jacobson said busing inmates from Santa Rita to Oakland leads to delays inthe courtrooms as buses get bogged down in heavy traffic on Interstate 580. But Woods and Mayor Schaafhave noted that the new court system setup now forces families of defendants to travel to Dublin fromOakland to attend hearings.
How much the court can save this way isn’t entirely clear, however. At a July 13 meeting of the AlamedaCounty Board of Supervisors Public Protection Committee, Jacobson said delays from inmates arriving lateafter being stuck in traffic cost the court about $200,000 a year in overtime.
He argued the Alameda County Sheriff’s Office, which operates the jails, should have cost savings as well.But at the same meeting, Assistant Sheriff Brett Keteles said the savings will be negligible, because thesheriff’s office will still need to run nearly the same number of buses for other appearances in Oakland.
Woods questioned whether moving the arraignments will save any money at all. He said that in the firstweeks of the new system, he’s been finding many arraignments scheduled in Dublin are immediatelycontinued and the next hearing is held in Oakland anyway.
“This idea of having the arraignments there would be a cost savings really isn’t true,” Woods said.
Meanwhile, holding the arraignments in Dublin has left many defendants’ family members with thedifficult choice of either not attending or dealing with time-consuming and expensive transportation.
8/29/2017 | Making the Poor Pay Twice
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Woods pointed out that there is still a way for well-heeled residents of Oakland to buy access: If they paybail, they can have their arraignment in Oakland.