Court says California officials’ private texts and emails are public … · 2017-03-03 ·...

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3/3/2017 Court says California officials’ private texts and emails are public records http://www.sbsun.com/governmentandpolitics/20170302/courtsayscaliforniaofficialsprivatetextsandemailsarepublicrecords&template=printart 1/2 San Bernardino County Sun (http://www.sbsun.com ) Court says California officials’ private texts and emails are public records By Sudhin Thanawala, Associated Press Thursday, March 2, 2017 SAN FRANCISCO — The public has a right to access emails and text messages about government business on the private phones and accounts of state and local officials and employees, the California Supreme Court ruled Thursday. In a unanimous decision, the court said those communications were subject to disclosure under the California Public Records Act and not shielded because they were sent or received in personal accounts. “If communications sent through personal accounts were categorically excluded from CPRA, government officials could hide their most sensitive, and potentially damning, discussions in such accounts,” Associate Justice Carol Corrigan wrote for the sevenmember court. The ruling came in a lawsuit against the city of San Jose. San Jose City Attorney Richard Doyle said he was not surprised by the decision and did not plan to challenge it. But he said it raised practical challenges for cities and counties. “The question is how do we access those communications on personal devices without the government being overly intrusive,” he said. “I don’t expect and intend to have people turn over their phones.” The use of private email accounts by public officials has faced scrutiny in recent years, with accusations that some were using them as a way to avoid disclosure. Hillary Clinton was sharply criticized during the presidential campaign for using a private email account while at the State Department. In a survey by The Associated Press two years ago, Gov. Jerry Brown, Lt. Gov. Gavin Newsom and other top elected officials in California acknowledged using personal email accounts to conduct government business. Many states treat public business on private accounts as public records. And at the federal level, an appeals court ruled last year that workrelated emails from a private account used by the White House’s top science adviser were subject to disclosure under federal open records laws. Opponents have raised privacy concerns and said public officials sometimes need confidentiality to discuss unpopular views. They have also argued that sifting through employees’ private accounts and devices in response to requests for records would be expensive and burdensome. “These are public officials, and the public does have some interest in knowing how they are conducting business,” said Jessica Levinson, who teaches privacy law at Loyola Law School in Los Angeles. “Having said that, the public doesn’t have the right to know everything that this person talks about.” The lawsuit before the California Supreme Court was filed by Ted Smith, who in 2009 requested messages about development in downtown San Jose that were sent or received on private devices used by San Jose’s

Transcript of Court says California officials’ private texts and emails are public … · 2017-03-03 ·...

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3/3/2017 Court says California officials’ private texts and emails are public records

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

Court says California officials’ private texts and emails are public records

By Sudhin Thanawala, Associated Press

Thursday, March 2, 2017

SAN FRANCISCO — The public has a right to access emails and textmessages about government business on the private phones andaccounts of state and local officials and employees, the CaliforniaSupreme Court ruled Thursday.

In a unanimous decision, the court said those communications weresubject to disclosure under the California Public Records Act and notshielded because they were sent or received in personal accounts.

“If communications sent through personal accounts were categoricallyexcluded from CPRA, government officials could hide their most

sensitive, and potentially damning, discussions in such accounts,” Associate Justice Carol Corrigan wrote for theseven­member court.

The ruling came in a lawsuit against the city of San Jose. San Jose City Attorney Richard Doyle said he was notsurprised by the decision and did not plan to challenge it.

But he said it raised practical challenges for cities and counties.

“The question is how do we access those communications on personal devices without the government beingoverly intrusive,” he said. “I don’t expect and intend to have people turn over their phones.”

The use of private email accounts by public officials has faced scrutiny in recent years, with accusations thatsome were using them as a way to avoid disclosure. Hillary Clinton was sharply criticized during thepresidential campaign for using a private email account while at the State Department.

In a survey by The Associated Press two years ago, Gov. Jerry Brown, Lt. Gov. Gavin Newsom and other topelected officials in California acknowledged using personal email accounts to conduct government business.

Many states treat public business on private accounts as public records. And at the federal level, an appeals courtruled last year that work­related emails from a private account used by the White House’s top science adviserwere subject to disclosure under federal open records laws.

Opponents have raised privacy concerns and said public officials sometimes need confidentiality to discussunpopular views. They have also argued that sifting through employees’ private accounts and devices inresponse to requests for records would be expensive and burdensome.

“These are public officials, and the public does have some interest in knowing how they are conductingbusiness,” said Jessica Levinson, who teaches privacy law at Loyola Law School in Los Angeles. “Having saidthat, the public doesn’t have the right to know everything that this person talks about.”

The lawsuit before the California Supreme Court was filed by Ted Smith, who in 2009 requested messagesabout development in downtown San Jose that were sent or received on private devices used by San Jose’s

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mayor and City Council. The city said it did not have access to any messages created on personal devices, sothey were not public records.

Smith sued. A Superior Court judge ruled in his favor, but an appeals court overturned that decision in 2014.

“Openness in government is critical to a functioning democracy,” attorneys for Smith wrote in a brief to theCalifornia Supreme Court. “If the Court of Appeal’s decision in this case is allowed to stand, public employeescan easily avoid accountability and subvert the intent of the (California Public Records Act) by hiding anycommunications that suggest corruption or the appearance of corruption in private accounts.”

San Jose countered that public employees retain privacy rights. Forcing them to turn over their passwords toinspect communications on private devices would be akin to making them hand over their house keys, the citysaid in a brief to the California Supreme Court.

“There is no indication that the (public records) act requires city councilmembers and employees to open theirhomes so that their personal diaries and correspondence could be inspected for presence of writings that mentionthe city of San Jose,” City Attorney Richard Doyle wrote. “Such an interpretation of the act would beunreasonable, and yet, it would be required if the Act was extended to writings at issue here.”

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

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3/3/2017 Court: Officials’ emails on private accounts are public in California

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By Sudhin Thanawala Associated Press

SAN FRANCISCO — Government employees in California cannot hide fromthe public work-related emails and texts on personal devices and privateaccounts, the California Supreme Court ruled unanimously Thursday, closing aloophole justices said could allow the "most sensitive, and potentially damning"communications to be shielded.

California now joins a growing list of states that treat public business on privateaccounts as public records.

The ruling came in a lawsuit against the city of San Jose. San Jose City AttorneyRichard Doyle said he was not surprised by the decision and did not plan tochallenge it.

But he said it raised practical challenges for cities and counties.

"The question is how do we access those communications on personal deviceswithout the government being overly intrusive," he said. "I don't expect andintend to have people turn over their phones."

The use of private email accounts by public officials has faced scrutiny in recentyears, with accusations that some were using them as a way to avoid disclosure.Hillary Clinton was sharply criticized during the presidential campaign for usinga private email account while at the State Department.

Court: Oºcials’ emails on private accounts arepublic in California

ThursdayPosted Mar 2, 2017 at 3:03 PMUpdated Mar 2, 2017 at 3:03 PM

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In a survey by The Associated Press two years ago, Gov. Jerry Brown, Lt. Gov.Gavin Newsom and other top elected officials in California acknowledged usingpersonal email accounts to conduct government business.

Newsom's office has previously said his personal emails are also searched whenconsidering Public Records Act requests.

The state Supreme Court ruling would apply to those officials as well as lowerlevel city, county and state officials and public employees.

It does not apply to the state Legislature, which has its own public records policy.

"This ruling is a model for giving government transparency laws meaning in thedigital age," said Matthew Cagle, an attorney at the American Civil LibertiesUnion of Northern California, which filed a brief in the case.

Many state courts and attorneys general have concluded that officialcommunications on personal devices are subject to public disclosure.

And at the federal level, an appeals court ruled last year that work-related emailsfrom a private account used by the White House's top science adviser weresubject to disclosure under federal open records laws.

Opponents have raised privacy concerns and said public officials sometimes needconfidentiality to discuss unpopular views.

They have also argued that sifting through employees' private accounts anddevices in response to requests for records would be expensive and burdensome.

San Jose said in court documents that forcing employees to turn over theirpasswords to inspect communications on private devices would be akin tomaking them hand over their house keys.

Corrigan said in the ruling that privacy concerns should be addressed on a case-by-case basis and officials could redact any personal information not related tothe conduct of public business.

She said employees could also search their own personal accounts in response torecords requests.

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"If communications sent through personal accounts were categorically excludedfrom (the California Public Records Act), government officials could hide theirmost sensitive, and potentially damning, discussions in such accounts," thejustice said.

The lawsuit before the California Supreme Court was filed by Ted Smith, who in2009 requested messages about development in downtown San Jose that weresent or received on private devices used by San Jose's mayor and City Council.

The city said it did not have access to any messages created on personal devices,so they were not public records.

Smith sued. A Superior Court judge ruled in his favor, but an appeals courtoverturned that decision in 2014.

The Supreme Court did not rule on the merits of Smith's request, insteadsending the case back to a lower court for that determination.

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3/2/2017 Public officials can't shield government business by using personal email, state Supreme Court rules ­ LA Times

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C

Public officials can't shield government businessby using personal email, state Supreme Courtrules

By Maura Dolan

f  

Backchannels to the CPRA (Gmail, Yahoo!) are now subject to disclosure if they concern the public's business.

MARCH 2, 2017, 10:10 AM

alifornia’s highest court decided unanimously Thursday that government officials may be required

to make public what they said about public business on their private telephones and personal

computers.

Public employees' work­related email and text messages sent on their personal devices through their private accounts are publicrecords, the California Supreme Court decided Thursday. (Justin Sullivan / Getty Images)

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3/2/2017 Public officials can't shield government business by using personal email, state Supreme Court rules ­ LA Times

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In a decision written by Justice Carol A. Corrigan, the California Supreme Court said the state’s Public Records

Act requires public officials to disclose emails, texts and voicemails from private devices if the communications

involved government affairs.

Advocates for public access have long complained that government officials were deliberately using private

devices to shield their communications from public records requests. Thursday’s decision is expected to end or

at least stem the practice.

The court ruled in a case brought by Ted Smith, a community activist who filed a public records request eight

years ago for the communications of San Jose city council members and staff about a proposed downtown

development.

San Jose supplied some records in response to the request but said communications on private devices were not

covered by the public records act. Smith sued, winning in a trial court but losing in a court of appeal.

Cities, counties and other local governments in California urged the court to side with San Jose, arguing they

lacked the funds to ensure communications on private devices were disclosed and feared liability if some

information on personal devices was not found and produced.

Lawyers for government agencies also complained that their workers’ privacy would be threatened if they had

to disclose what they said on their personal devices.

The news media, including The Times, countered that the intent of the state public records act to was to make

government business public, even though the law was written before the advent of the Internet and cellphones.

Written arguments on behalf of the media cited a host of cases involving public officials who used private email

accounts for government business in Los Angeles, San Diego, San Francisco and Sacramento.

[email protected]

Twitter: @mauradolan

Copyright © 2017, Los Angeles Times

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3/3/2017 Supervisor Gonzales testifies in Colonies corruption trial about her vote against settlement

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

Supervisor Gonzales testifies in Colonies corruption trial about her vote against settlement

By Richard De Atley, [email protected],, @RKDeAtley on Twitter

Thursday, March 2, 2017

San Bernardino County Supervisor Josie Gonzales, the last still­serving board member who voted on the $102 million Coloniessettlement in 2006, took the witness stand Thursday in the corruptioncase to explain her “no” vote and the pressure she said she faced asthe land­use lawsuit came to an end.

Gonzales, who voted to settle the case for lesser amounts eight timesin closed­door sessions before voting against it in the last two ballots, repeated in her court testimony previousclaims that she was dissatisfied with the documentation of the costs to Colonies Partners that part of thesettlement would satisfy.

“I felt that … it violated the taxpayers’ trust,” Gonzales said of the settlement as she answered questions fromprosecutor Lewis Cope. She said absence of information she sought “did not allow me to vote in favor of it.”

The vote to approve the settlement was 3­2, with Gonzales and then­Supervisor Dennis Hansberger votingagainst.

From her testimony, it appeared the information she sought was about the catch basin that Colonies Partnerscreated to handle runoff from county Flood Control District drainage channels that emptied into the 434­acredevelopment in Upland. Colonies estimated the cost for the basin at $28 million; the county acknowledged itmight have cost $15 million.

Gonzales testified she had asked attorneys for the county for the information “a minimum of four times” as thesettlement approached, and “came to the conclusion that the information was not going to be provided.”

Defense attorneys have previously argued during the two­month trial that the cost of the basin was only onefacet of the claimed damages. Other matters, such as harm to land value and delays in projects for thedevelopment, could not be addressed by receipts.

The water runoff into the Colonies property was the focus of years of litigation between the developer and thecounty Flood Control District.

By November 2006, the county faced finalization of a judge’s tentative ruling that favored the Colonies.

Prosecutors say the three county officials allegedly took $100,000 in bribes from the developer to gain approvalfor the settlement.

Defendants include former county Assistant Assessor Jim Erwin, Rancho Cucamonga developer Jeff Burum, aco­managing partner at Colonies Partners, former county Supervisor Paul Biane, and Mark Kirk, the chief ofstaff for former Supervisor Gary Ovitt, who concluded his testimony on Thursday.

Prosecutors say Kirk used his influence to pressure Ovitt into voting for the settlement, but Ovitt repeatedly saidduring his time on the stand that his decision to vote for a settlement was his alone, and he had not changed his

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vote.

All the defendants have denied any wrongdoing, saying the contributions that prosecutors call bribes werepublic donations to political action committees and were online for anyone to view.

Gonzales also talked about efforts to convince her to vote to approve a settlement, and indicated those may havebeen part of her decision to vote “no.”

As she had in a 2011 grand jury appearance, she said she had an unexpected encounter with Burum at amediation session in which he pleaded for her vote to settle.

She testified Thursday that she emerged from a restroom visit and Burum spoke to her in a hallway, saying heasked, “very kindly…I need your vote. Please, please, please, please.”

She testified that she needed a building map to find the bathroom and suggested that Burum could only havefound her with information from the room at the mediation site where county officials and their attorneys weregathered. The Colonies contingent was in a separate room, with the mediator shuttling between them.

“It bothered me a great deal,” she said. “I had been betrayed.”

Asked by Cope who in the room might have contacted someone, she said while some people in the room wereusing devices such as Blackberries, “In particular, I remember Bill Postmus.”

A former county supervisor and county assessor, Postmus, was at one time a defendant in the case.

He struck a bargain with prosecutors in March 2011, pleading guilty to 10 felonies in connection with theColonies corruption case and a companion corruption case in which he was convicted of abusing his electedposition as county assessor for political gain.

He has agreed to testify against the defendants in exchange for having some of the charges against him dropped.During the time of the Colonies settlement, Postmus was an admitted methamphetamine addict. He claims hehas been sober since 2012.

The trial in the San Bernardino courtroom of Judge Michael A. Smith resumes Tuesday.

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

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3/3/2017 State: Majority of treatment requests for Dec. 2 attack survivors OK’d

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On Wednesday, the county released a review of itshandling of workers' compensation cases conducted bythe state Department of Industrial Relations, Division ofWorkers' Compensation.

By Staff Writer

Follow

SAN BERNARDINO — Ninety percent of workers' compensation-relatedtreatment requests for 58 county employees affected by the Dec. 2, 2015,terrorist attack were approved, according to a state review — figures that countyofficials say show denials have been "the exception rather than the rule."

But "delays are more difficult to define and measure," county officialsacknowledged Wednesday in addressing the specific concern publicly raised bysome attack survivors since November.

In the aftermath of the attack that killed 14 people — 12 of whom were workerswith San Bernardino County's Department of Public Health — and injured 23more inside the Inland Regional Center, survivors have criticized officials fordelays in receiving necessary treatment through the state workers' compensationsystem.

State: Majority of treatment requests for Dec. 2attack survivors OK’d

ThursdayPosted Mar 2, 2017 at 4:21 PMUpdated Mar 2, 2017 at 4:21 PM

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3/3/2017 State: Majority of treatment requests for Dec. 2 attack survivors OK’d

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Officials have maintained that problems stem from employees' health careproviders failing to provide the appropriate documentation, adding that only "asmall number" of workers have faced challenges with their claims.

Nevertheless, officials have enacted a series of policy moves to address theconcerns, including creating a task force and hiring a firm to provide enhancedcase management services.

On Wednesday, the county released a review of its handling of workers'compensation cases conducted by the state Department of Industrial Relations,Division of Workers' Compensation.

The detailed report from Feb. 23 showed that 1,927 of 2,146 treatment decisionswere approved and another 73 such decisions garnered modified approval. Sevenpercent, or 144 decisions, were denied.

"As the claims matured," the report said, "the County increased its scrutiny oftreatment requests leading to some modifications and denials."

Some denied requests were appealed through the Independent Medical Review(IMR), the state report said, and while the county's actions were generallyupheld, "often because doctors had failed to document or fully explain theirrequests, employees who were still suffering and expected their doctors'recommendations to be followed were frustrated by the denials."

San Bernardino County Supervisor Chairman Robert Lovingood said the boardshared their frustration.

"This has been uncharted territory for the county, for the doctors, and mostcertainly for the survivors," Lovingood said in a statement. "But the state'sinvestigation shows the county has worked hard and effectively to ensure safeand complete care for the employees injured during this horrific attack."

The report also indicated that 96 workers' compensation claims were filed to thecounty, 13 of which were death benefits' claims. The county then accepted 58 of83 workers' compensation claims, denying 25 claims by employees allegingpsychological injury.

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3/3/2017 State: Majority of treatment requests for Dec. 2 attack survivors OK’d

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"According to the county," the report said, "a common thread among thesedenials was that employees were not present at the training center when theincident occurred."

Shea Johnson can be reached at 760-955-5368 or

. Follow him on Twitter at .

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3/3/2017 Trial begins for 3 deputies charged in Francis Pusok beating

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

Trial begins for 3 deputies charged in Francis Pusok beating

By Joe Nelson, The Sun

Thursday, March 2, 2017

SAN BERNARDINO >> Three San Bernardino County sheriff’sdeputies were looking to get some “cheap shots” when they allegedlyassaulted an Apple Valley man following a nearly three­hour chase, aprosecutor said during his opening statement Thursday at the deputies’trial.

“They were hot, they were frustrated, they were angry,” prosecutorRobert Bulloch said during his opening statement in San BernardinoSuperior Court in the trial of deputies Nicholas Downey, MichaelPhelps and Charles Foster. Each is charged with one felony count ofassault by a public officer under the color of authority for the April 9,2015 beating of Francis Jared Pusok, 32.

“That’s what this case is about, those cheap shots,” Bulloch said.

The three deputies are accused of kicking and punching Pusok repeatedly in the head and other areas of his bodyafter Pusok placed his hands behind his back, apparently in surrender. His beating was captured on video by atelevision news crew hovering 8,000 feet above in a helicopter.

Bulloch said the deputies repeatedly yelled “stop resisting!” as they punched and kicked Pusok while his handswere behind his back, as seen and heard in the video he showed the jury. Afterwards, Pusok could be heard inthe audio groaning as one of the deputies taunted him.

Defense attorneys argued in their opening statements that the deputies were doing what they were trained to do,and were dealing with a man they believed dangerous and whom they already knew was being sought onsuspicion of evading police and possession of stolen property.

Pusok first engaged deputies in a high­speed vehicle pursuit, hitting speeds close to 100 mph on city streets,veering into oncoming traffic and crashing into a fence, a portion of which got lodged in the car and draggedaway as Pusok sped off. When the car became stuck in the sand, Pusok fled on foot, then stole a horse from aman bathing in hot springs, wearing only a cowboy hat.

Pusok fled on the horse but eventually fell off. That’s when he was confronted by deputies Phelps and Downey,and later Foster, followed by a throng of other deputies. Pusok was felled by Taser gun darts, then punched andkicked repeatedly by the three deputies after putting his hands behind his back. Bulloch said Pusok wassurrendering.

But Downey’s attorney, Michael D. Schwartz, said Pusok’s arm was extended at the time Downey kicked it. Hesaid it wasn’t Pusok’s face Downey was aiming at, but Pusok’s left arm.

“It was a fluid action, and they had to make a response based on their training,” Schwartz said, adding thatDowney was attempting to keep Pusok’s hands where he could see them in case Pusok was concealing a

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3/3/2017 Trial begins for 3 deputies charged in Francis Pusok beating

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weapon.

“This guy’s dangerous. That’s what the evidence will show,” Schwartz said of Pusok.

The pursuit was one of the largest use of police resources in the last 10 to 15 years, prompting deployment ofdozens of deputies, four helicopters, two motorcycles and 20 law enforcement vehicles, Schwartz said.

The pursuit was so physically demanding that some deputies became dehydrated as they navigated treacherousdesert terrain, including the location where Pusok was detained — a mountain slope dotted with gopher holesand brush that obscured visibility. One deputy became so dehydrated he nearly fainted and required an IV.

Phelps’ attorney, Kasey A. Castillo, told the jury it was imperative that they see things from the perspective ofthe deputies, who responded as they were trained, during a pursuit that tested the limits of their endurance.

“This is not a case where deputies endeavored to get cheap shots. The deputies had to do what they had to do,”said Castillo. “This case turns on perspective. The video you watched was taken from 8,000 feet.”

The video of the beating was played repeatedly, with and without audio, as each attorney gave theirinterpretation of what occurred. Schwartz and Castillo stressed the position of Pusok’s hands, his actions prior tohis arrest, and the desert terrain.

Bulloch began his opening statement with a quote from Franklin Delano Roosevelt, “With great power comesgreat responsibility.” He said each of the deputies swore an oath “to protect the innocent, uphold the law, andtreat people accused of crimes with respect and human dignity.”

“We’re going to be talking about the oath that these three deputies took before April 9, 2015,” Bulloch said.

Foster’s attorney, Heather N. Phillips, will give her opening statement Tuesday, when the trial resumes beforeJudge Dwight W. Moore.

URL: http://www.sbsun.com/general­news/20170302/trial­begins­for­3­deputies­charged­in­francis­pusok­beating

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

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3/3/2017 Bridge project to close stretch of National Trails Highway near Amboy

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

Bridge project to close stretch of National Trails Highway near Amboy

By Joe Nelson, The Sun

Thursday, March 2, 2017

San Bernardino County Public Works next week will begin replacingtwo bridges on National Trails Highway near Amboy — part of anongoing effort to replace timber bridges on historic Route 66.

The project will begin Monday and run through mid­September,prompting the closure of the stretch of National Trails Highway atDola Ditch, about two miles east of Kelbaker Road, and Lanzit Ditch,about 2 1/2 miles west of Kelbaker Road. Both bridges are east ofAmboy.

The detour plan includes using Highway 40 and Kelbaker Road, and local residents and businesses will haveaccess from Essex Road, west of the construction site, according to a county news release, which noted that SanBernardino County has the longest stretch of historic Route 66 than any county in the U.S.

“Replacement of these two bridges is a giant step in the continued effort to preserve the historical bridges onRoute 66 in San Bernardino County,” Board of Supervisors Chairman Robert Lovingood said in a statement.

There are 127 wooden bridges the county is looking to replace over the next decade along a 111­mile stretch ofNational Trails Highway between Daggett and Mountain Springs Road. Ninety­six of the bridges are more than20 feet long and 31 are under 20 feet long. All were built from 1929 to 1931, said county Public Worksspokeswoman Roni Edis in an e­mail.

The two bridges the county will begin work on next week are among the 127 bridges the county hopes to havereplaced in the next 10 years using Federal Highway Bridge Program funds. There are 31 bridges that are lessthan 20 feet in length that the county hopes to have replaced within the next five years at a cost of $40 million,paid for with a combination of federal grant money and local gas tax revenue, Edis said.

David Knudson, executive director of the National Route 66 Federation in Lake Arrowhead, said in a telephoneinterview Wednesday that the bridges are as historically important as the “Mother Road” itself, which wasdesignated in 1926 and linked the Midwest to California.

“Their historical significance is legend with the many people who traveled Route 66 throughout the years,”Knudson said. “They hold a lot of great memories for a lot of people.”

For up­to­date information on the bridge replacement project, visit:http://cms.sbcounty.gov/dpw/Operations/Route66.aspx

URL: http://www.sbsun.com/business/20170302/bridge­project­to­close­stretch­of­national­trails­highway­near­amboy

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3/3/2017 Aqueduct crash leaves 1 dead; 2 injured, 1 possibly missing

http://www.vvdailypress.com/news/20170302/aqueduct­crash­leaves­1­dead­2­injured­1­possibly­missing 1/3

By Staff Reports

HESPERIA — Authorities said one person died when a vehicle crashed into theCalifornia Aqueduct late Thursday, two others were rescued and a search wasstill underway for a possible fourth victim.

The incident was initially reported as a crash with extrication on Main Streetbetween Pyrite and Escondido avenues just before 7 p.m. Thursday, according toSan Bernardino County Fire Department spokesman Eric Spies, who said firepersonnel arrived and found that a young child had been ejected from the vehiclejust before it fell into the aqueduct.

The child reported that two others were still in the vehicle, prompting aresponse from both County Fire and San Bernardino County Sheriff'sDepartment officials.

Jacob Robles, a Hesperia resident, said he was leaving the Walmart parking loton Main Street when he saw a cloud of "dust and debris" from the crash.

"It all happened so fast," Robles said. "It looked like the vehicle swerved into thedirt (off the roadway), crashed through the fence and into the aqueduct."

Another witness, who declined to provide his name, said the vehicle wasairborne and "went up like a rocket" just before it landed in the aqueduct.

Aqueduct crash leaves 1 dead; 2 injured, 1possibly missing

ThursdayPosted Mar 2, 2017 at 8:36 PMUpdated at 8:28 AM

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Robles and other passersby helped rescue the boy that was ejected from thevehicle. Robles said the boy informed them his mother and two youngerbrothers were still inside.

"He was conscious, he knew who he was, but he had a deep gash over his lefteye," Robles said. Another witness shared the sentiment, while adding that theboy's skull was showing from the gash.

The child was taken to Loma Linda University Medical Center for treatment,Spies said, but further details on his condition weren't available.

The submerged vehicle, which appeared to be a red VW Beetle, was found bySheriff's dive team members around 7:30 p.m. One more child was rescued andwas taken to a local hospital for treatment, Spies said. Officials didn't havefurther details on the rescued victim's condition Thursday night.

Spies said the rescue was switched to a "recovery effort" after the vehicle wasunder water for about 2 hours. The vehicle was pulled out of the aqueduct justbefore 9 p.m., and a deceased adult was found.

The identity of the deceased person is being withheld pending positiveidentification and notification of next of kin.

Hesperia Sheriff's Station Sgt. Ron Goddard said officials received "conflictingreports" about the number of passengers in the vehicle, and a possible fourthvictim was believed to still be in the aqueduct. Dive team members continuedtheir search late Thursday.

Goddard said specifics on the crash were still being investigated and it wasn'timmediately clear how the crash occurred. The Hesperia Sheriff's Station MajorAccident Investigation Team was requested to conduct the investigation.

Main Street was shut down in both directions between Pyrite and Escondidoavenues following the incident. Goddard said the closure was expected to last for"several, several hours," as the investigation and search continued.

The incident remains under investigation by the Hesperia Sheriff's Station.

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3/3/2017 Dive team searches for missing child after car plunges into California Aqueduct

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

Dive team searches for missing child after car plunges into California Aqueduct

By Beatriz Valenzuela, San Bernardino Sun

Friday, March 3, 2017

HESPERIA >> Sheriff’s divers will continue their search today for achild after the vehicle the juvenile was in crashed into the CaliforniaAqueduct in Hesperia Thursday night, killing a woman and injuringtwo other children.

The San Bernardino County Sheriff’s Department Dive Teamsearched for the missing child for several hours but finally had tosuspend their hunt late Thursday night, according to a tweet fromDive Team Commander Lt. Doug Wolfe.

• VIDEO: Divers looking for child crash victim in California Aqueduct

One child who was rescued, a 10­year­old, was thought to have been ejected, said firefighter Jeremy Kern.

A 2­year­old was taken to a trauma center.

Their conditions were not reported as of Thursday night. The age of the missing child was not available.

The crash was reported at 6:45 p.m. near Main Street and the California Aqueduct, according to a CaliforniaHighway Patrol log entry.

Around 7:30 p.m., the San Bernardino Fire Department tweeted the car had been found submerged and the diveteam was “making entry for rescue.”

The dive team pulled the woman out of the water. Identified as the mother to at least two of the children, shewas pronounced dead at the scene.

Authorities say the woman was traveling west on Main Street when for unknown reasons she drove through thefence and ended up in the water.

About two hours after the vehicle went into the aqueduct, authorities pulled it from the waterway.

URL: http://www.sbsun.com/general­news/20170303/dive­team­searches­for­missing­child­after­car­plunges­into­california­aqueduct

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3/3/2017 Print Article: Hikers rescued by helicopter from remote Loma Linda foothills

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Hikers rescued by helicopter from remote Loma LindafoothillsBy RYAN HAGEN2017­03­02 18:13:52

Deputies and firefighters using the sheriff’s helicopter rescued two hikersTuesday, Feb. 28, in a remote area of the foothills near Hulda CrooksPark in Loma Linda, officials say.

Loma Linda resident Aaron Lerner, 35, was hiking with Jane Xu, 28, ofRedlands, when Lerner fell on a hillside about 7 p.m. and fractured hisleg, according to a Sheriff’s Department news release.

The helicopter crew found him using night vision goggles and landed onone skid, according to the release.

They then determined Lerner needed immediate medical attention, soone deputy stayed with him while the other left to get a San Bernardino

County fire captain to treat the leg.

Lerner and Xu were then flown to the Sheriff’s Hangar at San Bernardino International Airport, and from thereLerner was taken to Loma Linda University Medical Center, according to the news release.

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3/3/2017 Print Article: Hundreds of threatened desert tortoises will be moved from Marine Corps base

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Hundreds of threatened desert tortoises will be moved fromMarine Corps baseBy DAVID DANELSKI2017­03­02 22:49:35

Federal land management and defense officials have signed off on plansby the U.S Marine Corps to move as many as 1,500 desert tortoises froma Twentynine Palms military base in the coming weeks.

With the approvals, the largest tortoise relocation effort ever the MojaveDesert is on track to occur toward the end of this month or in April afterthe slumbering reptiles emerge from their underground burrows, wherethey spend the winter months.

The move, however, cannot occur before March 21, which is the deadlinefor anyone to appeal the approvals from the Navy and Bureau of Land

Management, said Chris Otahal, a wildlife biologist for the BLM's Barstow field office.

The move would clear about 88,000 acres of land in the Johnson Valley for expanded live ammunition training.Congress voted in 2013 to add this land to the west side of the Marine Corps Air Ground Combat Center atTwentynine Palms.

The tortoises will be flown by helicopter to BLM lands mostly west and north of the Marine base.

The timing depends on the weather, but tortoises in the Mojave Desert usually leave their burrows by lateMarch or early April so they can feast on wildflowers and other annual plants that are abundant after the winterrains.

Since the desert tortoises are listed as threatened with extinction, the Marines had to consult with the U.S. Fishand Wildlife Service, which found earlier this year that the move would not jeopardize the survival of thespecies.

This winter's wet weather makes conditions more favorable for the move, increasing the tortoises' chances ofsurvival, Otahal said.

There will be more plant life for the displaced tortoises to eat, reducing competition for food with the tortoisesalready living on the BLM land. Also there will be more rabbits and other animals for coyotes to eat, which willmake those predators less interested in tortoises.

"It's much better for the tortoises when we have more food resources," Otahal said.

The Marines had planned to move the animals last spring, but the operation was delayed a year after theTucson­based Center for Biological Diversity filed a legal notice that argued that required environment analysiswas lacking. The government then did more study, including assessing the impacts on wildlife on the BLM landsthat will receive the displaced tortoises.

Ileene Anderson, a Los Angeles­based biologist for the center, said the move will be devastating to the species.The tortoises would lose some 136 square miles of quality habitat. What's more, the displaced animals willmove to BLM lands where species is in decline, she said.

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"This is the largest translocation of tortoises in the Mojave Desert, and they're moving them to areas wheretortoises are dying off and we don't know why," Anderson said.

RELATED

MOJAVE DESERT: Tortoises born in captivity released into the wild

ENVIRONMENT: Desert tortoise gets 7,400 acres

DROUGHT: Lack of water threatens desert tortoise

FORT IRWIN: Relocation of desert tortoises OK to resume

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3/3/2017 Home Depot hiring 2,000 workers in Southern California

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

Home Depot hiring 2,000 workers in Southern California

By Kevin Smith, San Gabriel Valley Tribune

Thursday, March 2, 2017

Home­improvement chain Home Depot announced Thursday that it’shiring 80,000 employees, including 2,000 in Southern California.

The hiring is expected to continue through mid­April and comes as thecompany prepares for spring, its busiest time of the year.

“It really is our busiest time,” company spokesman Matt Harrigansaid. “People will be out working on projects and spring cleaning. It’salmost like the Christmas in the home­improvement business. We’llbe hiring at 66 stores in the Los Angeles area.”

Home Depot needs people to work as cashiers, in operations and inorder fulfillment in both permanent part­time and seasonal positions in the company’s stores and distributionfacilities.

The retailer operates an 859,000­square­foot fulfillment center in Perris that employs about 1,000 workers.Merchandise that arrives there is shipped directly to customers who place online orders through Home Depot.

That facility is as large as 13 football fields and it handles 890 cartons per hour that are shuttled through morethan 3 miles of conveyor belts.

The company declined to reveal the hourly wage for those jobs, but Payscale.com reveals that sales associates atHome Depot earn anywhere from $9.37 an hour to $13.78 an hour, depending upon experience. Overtime payfor that position ranges from $10.82 an hour to $23.71 an hour.

Cashiers earn $8.76 to $11.57 an hour, department supervisors earn $12.71 to $18.06 an hour and retail salesassociates earn $9.64 to $16.16 an hour, according to Payscale.

Harrigan said a large number of workers who are hired by Home Depot on a temporary basis end up stayinglonger.

“In the past about half of the associates we’ve hired for the spring stay on with permanent positions,” he said.“It’s a great way to get your foot in the door.”

Interested applicants must apply online at careers.homedepot.com/jobs­in­bloom.

The Home Depot is the world’s largest home­improvement retailer, with 2,278 retail stores in all 50 states, theDistrict of Columbia, Puerto Rico, the U.S. Virgin Islands, Guam, 10 Canadian provinces and Mexico.

The company posted sales of $94.6 billion in fiscal 2016 and it netted a profit of $8 billion. Home Depotemploys more than 400,000 workers.

Home Depot isn’t the only home­improvement chain that’s hiring.

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Earlier this month, Lowe’s Cos. Inc. announced that it’s hiring more than 45,000 seasonal workers, including662 in Southern California.

Lowe’s spokeswoman Sarah Lively agreed that spring is the industry’s busiest season.

“Warmer weather makes tackling indoor or outdoor home­improvement projects easier,” she said. “During thistime of year we generally see increased interest in landscaping, outdoor living projects and general homemaintenance, such as painting, renovations and kitchen and bath refreshes.”

The hiring spree by Home Depot and Lowe’s is particularly welcome in light of recent store closures that havebeen announced by other companies.

J.C. Penney announced last week that it plans to close 130 to 140 underperforming stores nationwide and selltwo distribution centers over the next few months, including one in Buena Park.

And Macy’s announced last month that it will be closing 68 underperforming stores and slashing 10,100 jobs asit continues to struggle in the face of increasing competition from online retailers and big­box discounters likeWal­Mart and Target.

URL: http://www.sbsun.com/business/20170302/home­depot­hiring­2000­workers­in­southern­california

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

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3/3/2017 Why San Bernardino residents disrupted mayor’s community meeting

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

Why San Bernardino residents disrupted mayor’s community meeting

By Ryan Hagen, The Sun

Thursday, March 2, 2017

SAN BERNARDINO >> The city’s letter asking President DonaldTrump to help with city issues is proving contentious for some in thecity.

The “Evening with the Mayor” community meeting hosted Tuesday atFaith Bible Church drew dozens of people to hear the scheduledupdates on public works, public safety and more from Mayor CareyDavis and other officials — and dozens of others upset by a letter theythink disregards the community’s desires.

The letter, which was signed by all of the city’s elected policy makersbut not discussed publicly before it was mailed, asks Trump and Attorney General Jeff Sessions for help withcrime and illicit drugs — including marijuana, which majorities in California and in San Bernardino voted inNovember to allow.

“We were there to ask questions and to provide testimony,” said Ivan Aguayo, one of the organizers of the groupthat spoke out at the meeting. “People in the city are feeling a lot of distress. ... Young people feel that marijuanais being scapegoated and it’s being used as a tool to bring in folks who are from the Trump administration intothis community to play a role that a lot of us find frightening, especially those who are undocumented.”

Specifically, Aguayo and others said many require marijuana for medical reasons and that the strings of federalhelp could include deportations of undocumented immigrants living in the city.

When Davis didn’t directly address those complaints, attendees agree, things escalated.

In fact, said resident Cassie Levy, they got downright ugly.

“I have no problem with people in a public forum making a statement about something they agree with ordisagree with in the city,” Levy said. “...At the end, they were yelling profanity at him. We were in a churchenvironment. They were just in general not acting like intelligent adults who really, really want to deal with anissue.”

Aguayo acknowledged that some people — not him — lost their temper, but said that came out of frustrationwith not being answered.

Those attending the meeting to oppose the letter included members of Cal State San Bernardino’s Students forQuality Education as well as others who heard about the plans on social media, Aguayo said.

City Attorney Gary Saenz spoke about the city’s marijuana plans earlier in the meeting — reiterating that thecity doesn’t intend to spend scarce resources implementing voter­approved Measure O, which provides aregulatory scheme to replace the previous ban, until they’ve gotten clarity on a pair of lawsuits seeking to

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overturn the measure. And City Manager Mark Scott told them afterward that the letter would be discussed atMonday’s City Council meeting, attendees say.

The agenda for Monday’s meeting, which begins at 4 p.m., was not online as of 6 p.m. Thursday.

But speakers wanted to hear from Davis, who told them at Tuesday’s meeting that this wasn’t the time or placefor their objections.

“We just want a meeting with him,” Aguayo said. “I think we need, as young leaders, to sit down with the mayorand find out why he did this and if he realizes how real the effects are on young people.”

Davis’ staff said he was not available. In an earlier interview, Davis said the letter was intended to garnerresources to help with the city’s violent crime — as Trump offered to do in Chicago — and that he feltmarijuana was one cause of that crime.

Davis also said that he didn’t consider marijuana to be a focus of the letter, although it does ask for help fightingillicit drug and marijuana trafficking.

Councilman Benito Barrios said last week that, although he signed the letter, he hadn’t noticed that language andhe opposed it because he thought marijuana was helpful and supported by San Bernardino voters.

URL: http://www.sbsun.com/government­and­politics/20170302/why­san­bernardino­residents­disrupted­mayors­community­meeting

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

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3/3/2017 Print Article: Man, woman found shot at San Manuel casino identified; deaths ruled suicides

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Man, woman found shot at San Manuel casino identified;deaths ruled suicidesBy BRIAN DAY2017­03­02 17:54:10

Authorities have identified a man and woman from San Gabriel who werefound shot to death inside a car at San Manuel Indian Bingo and Casinolast week and determined both deaths were suicides, sheriff’s officialssaid Thursday, March 2.

The bodies of Thanh Lang, 50, and Nhu Ly, 50, were discovered inside acar parked in a parking garage of the casino, 777 San Manuel Blvd., SanBernardino County Sheriff­Coroner’s officials said in a written statement.

The man and woman, whose relationship was not known, werepronounced dead after deputies responded to a report of two peoplefound “unresponsive” inside a vehicle, according to the statement. “Upon

arrival, deputies located an adult male and an adult female with apparent gunshot wounds. Both werepronounced deceased.”

Investigators have not yet been able to find next­of­kin for Lang an Ly and are hoping the public may be able tohelp locate their family, the statement said.

No further details were released.

Anyone with information is asked to contact Detective Michael Warrick or Sgt. Greg Myler at the SanBernardino Sheriff’s Department Homicide Detail, 909­387­3589.

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3/3/2017 Print Article: Rialto passes unique nitrous oxide ordinance aimed at protecting youth

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Rialto passes unique nitrous oxide ordinance aimed atprotecting youthBy BEATRIZ E. VALENZUELA2017­03­02 17:10:12

Rialto has become the first city in the nation to pass an ordinance whichbans the sale or distribution of nitrous oxide in the city in an effort to keepthe popular inhalant out of the hands of young people and teens.

“It can kill you and it’s just a real serious issue,” said Mayor Pro Tem EdScott whose 17­year­old son, Myles Edward Scott, was killed when thedriver of a vehicle he was a passenger in inhaled the gas, passed out andcrashed. “So we took charge as a city.”

The Rialto City Council unanimously voted, 5­0, to pass the ordinanceduring Tuesday’s meeting.

Nitrous oxide – also known as hippy crack, whippets and nos – is usuallyused to inflate balloons and the gas is then inhaled through the mouth in what’s called huffing. Most inhalantsaffect the central nervous system and slow down brain activity, according to drugabuse.gov.

After his son’s death, Scott began looking into nitrous oxide and learned some businesses, mostly auto repairshops, were selling the gas to juveniles and young adults.

“One place in particular, they were selling as much as 20 64­pound tanks each week,” Scott said. “That’s a lot ofnitrous oxide and they were making as much as $7,000 a week.”

In some cases, Scott said he and law enforcement officials saw evidence of middle school­aged children usingthe potentially deadly gas.

With the exception of sales of the gas for lawful medical and industrial use, anyone who violates the ordinancecan face jail time, a $1,000 fine or both. While there are similar laws and ordinances regulating the sale ofnitrous oxide, the Rialto ordinance is different by makes the sale or distribution of the gas illegal regardless if it’sfor recreational use or not.

“We felt a more proactive and aggressive approach in addressing nitrous oxide abuse was necessary to preventthe untimely and unnecessary deaths of our youth,” Rialto police Lt. Paul Stella said. “It was an honor to authorthis ordinance with our city attorney, Fred Galante and hopefully we can serve as an example to all in order tocombat this dangerous intoxicant.”

For Scott, the passage of the ordinance is a way to remember his son and to make sure his death was not invain.

“I can’t bring Eddie back,” he said, “but I want to save other kids from dying and to spare parents from theagony of having to lose a child to such a death.”

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3/3/2017 Responsibilities, rewards for Historic District ­ Highland Community News: Top Stories

http://www.highlandnews.net/news/top_stories/responsibilities­rewards­for­historic­district/article_dbda8fda­002d­11e7­97c9­0fed02bc56fb.html?mode=print 1/1

Responsibilities, rewards for Historic DistrictBy Charles Roberts | Posted: Friday, March 3, 2017 8:24 am

On Thursday, March 2, the Highland Historic and Cultural Preservation Board scheduled a workshop forresidents of the Historic District to inform them about the responsibilities and rewards of living in theDistrict.

The Historic District runs generally either side of Palm Avenue from Base Line to to Pacific Street andincludes many homes and a few businesses that date back to Highlands early days.

Those who enter into a contract with the city to preserve and/or improve historic homes can get a propertytax break with the savings dedicated to preserving and improving the property under the Mills Act.

The workshop is scheduled for Saturday, April 22, from 1 to 3 p.m. at Highland Baptist Temple, 6939 PalmAve.

The city is sending letters to eligible homeowners, inviting them to the workshop, but even thoseconsidering buying in the Historic District may want to attend for information and to get their questionsanswered.

Examples of eligible replacement/improvement include balcony, patio, porch, windows, stucco, eaves,stairs, siding, flooring, and electrical, among others.

For more information on the District or the workshop, call (909) 864­6861, ext. 210.

In other action, the Board appointed Board Member Tony Mauricio to the Street Naming Committee. TheStreet Naming Committee is made up of three members including one each from the Historic and CulturalPreservation Board, The Community Trails Committee, and a member of the Highland Area Chamber ofCommerce Board of Directors.

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3/3/2017 Print Article: Amazon goes solar on Inland roofs

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Amazon goes solar on Inland roofsBy FIELDING BUCK2017­03­02 11:50:34

Amazon announced a green energy initiative Thursday that includesfulfillment centers in the Inland Empire.

The online retail giant plans to install solar systems on 50 of its fulfillmentcenters worldwide by 2020.

Rollout includes fulfillment centers in Moreno Valley, Redlands and SanBernardino, according to spokeswoman Ashley Robinson.

Those sites are among 15 solar installations in five states slated for completion by the end of the year.

The installations will generate as much 41 megawatts of electricity, or 80 percent of a facility's energy needs, according tothe news release. On megawatt can power 650 homes, according to experts.

The Inland Empire has the highest concentration of Amazon warehousing in the state with seven fulfillment centers inexistence and two more on the way. Other cities include Eastvale and Rialto.

Other sites getting solar installations are in Newark in the Bay Area and Tracy in Central California, Robinson said in anemail.

Amazon's 1.1 million square foot fulfillment center in Patterson, 25 miles south of Tracy on the 5 Freeway, is alreadyequipped with solar panels that cover three quarters of the facility's rooftop and power hundreds of robotics within,according to the press release.

Amazon's energy initiative includes funding education for its employees to earn certification from the North AmericanBoard of Certified Energy Practitioners, which would help qualify them for solar installation jobs.

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3/3/2017 Strong winds expected throughout day in Inland Empire; rain possible Sunday

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

Strong winds expected throughout day in Inland Empire; rain possible Sunday

By Ali Tadayon, The Press­Enterprise

Thursday, March 2, 2017

Winds greater than 35 mph are expected in the Inland valleysThursday, according to a wind advisory from the National WeatherService.

The winds could cause minor property damage and difficult travelconditions for high­profile vehicles in mountain passes on Interstate10 and Interstate 15, according to the advisory, which is in effect until4 p.m.

The winds should die down by late afternoon and evening, accordingto a NWS report issued Thursday. Locally strong and gusty northeast

to east winds will continue in the mountain passes and foothills through Friday morning.

Clear skies and high temperatures in the mid 70s and low 80s are expected.

Cooler weather is expected in the valleys Friday through Sunday, the report said. The trough that will bring thecool weather may also bring light showers west of the mountains Sunday, along with strong and gusty winds.

A warming trend is expected to start Monday through the middle of next week.

URL: http://www.sbsun.com/general­news/20170302/strong­winds­expected­throughout­day­in­inland­empire­rain­possible­sunday

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L.A. is building lots of homes but too few for itsgrowing population

By Andrew Khouri

MARCH 3, 2017, 3:00 AM

long many Los Angeles thoroughfares, large apartment complexes are replacing parking lots, strip

malls and warehouses, as builders provide new homes in a city grappling with a persistent housing

shortage.

In downtown, dozens of mixed­use condo and apartment towers are rising in the largest development boom

since the 1920s. Other prominent neighborhoods, including Hollywood and Koreatown, are awash in residential

construction.

This decade the city, in fact, will easily surpass the number of new homes built in the 1990s and possibly even

during the 2000s with its housing bubble — gains that have caused a backlash and spurred Measure S, an

initiative on next week’s municipal ballot that would halt developments that receive certain zoning exemptions.

A residential complex under construction last year in downtown Los Angeles. (Christina House / For The Times)

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But to many housing experts, the development wave isn’t a wave, but rather a ripple.

That’s because the city and region have long built too few homes for all the people who live, or want to live here,

they say. And due to a recent surge in population, the city of Los Angeles this decade has been adding housing,

relative to resident growth, at the lowest rate in at least 40 years, state records show.

“We are so far behind,” said Shane Phillips, policy director with the advocacy group Abundant Housing L.A.,

which is opposing Measure S.

The region’s booming economy is exacerbating the problem.

From 2010 to 2015, Los AngelesL.A. added 157,900 new jobs and 236,318 residents — greater than the

population gains seen in the 1990s or 2000s. In 2015 alone, Los Angeles experienced the largest annual

percentage growth in population of any major California city and surpassed 4 million residents.

The number of homes added didn’t keep up: 40,014 units from 2010 to 2015 — or one new home for about

every 5.9 new residents.

Jordan Levine, an economist with the California Assn. of Realtors, said that if an area doesn’t want housing

costs to soar, it should roughly build inline with its current average household size.

That size has increased over the last 40 or so years in Los Angeles, but still remains fewer than three per

household, according to data from the state Department of Finance.

That means housing production in Los Angeles has not kept up. Between 1975 and 2015, one new housing unit

was constructed for every 3.7 new residents, the data show.

During most of that period, housing production sharply lagged relative to population growth. The exception

was in the 2000s, when one unit was constructed for every 1.5 new residents as construction jumped and the

city, in some years, lost residents.

Demographic experts said the gains in population this decade probably came from births and, to a lesser

extent, immigration.

The population of 25­to­34­year­olds has also grown more than other age groups, said Dowell Myers, professor

of policy, planning and demography at USC.

“Baby boomers are holding on to the housing they already have and not giving it up. And these new people are

coming in [to the housing market] and there is not enough housing units.”

Brian Uhler, principal fiscal and policy analyst with the nonpartisan state Legislative Analyst’s Office, recently

co­authored a report that found from 1980 to 2010, L.A. County needed to build three times the number of

homes than it did to have stopped rent and home prices from significantly outpacing the rest of the country.

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For the city of L.A., that rate was probably even higher. “The problem definition is simple,” he said. “There are

more people who want to live in L.A. than housing that gets built.”

That’s not to say there isn’t substantial construction, and it may be more noticeable as developers target

property in older neighborhoods, rather than undeveloped land in the city’s outskirts.

In some neighborhoods with a flood of new buildings, the supply is starting to affect rents, at least at the high

end of the market. In downtown and Koreatown, some landlords of new complexes are offering move­in

incentives such as a month’s free rent.

Century West Partners, for example, is paying renters $1,500, in addition to a month free on some units at its

new Koreatown complex K2LA, where a one­bedroom starts at just over $2,000 a month.

Citywide, the median apartment rent for all units was $2,483 in January. Although that was up 5.6% from a

year earlier, according to real estate firm Zillow, it’s less than the double­digit increases seen for most of 2015.

And even more housing is on the way.

Over the last two years, the city’s Department of Building and Safety has approved tens of thousands of

additional units, giving the city a decent shot at surpassing last decade’s housing construction.

But much of the building has been confined to a limited number of central neighborhoods and total production

is far below the 1970s or 1980s, when more than 100,000 homes were built in each decade, according to state

and census data.

That’s partly because fewer units can easily be built, said University of Calgary professor Greg Morrow, whose

UCLA doctoral dissertation covered the history of Los Angeles zoning.

Amid concerns over traffic congestion and other environmental issues, the city and voters over the years slashed

the number of homes that could be built without special approvals — a time consuming process that involves

public hearings and offers a prime target for lawsuits.

In 1960, Los Angeles’ planning rules would have allowed for a population of 10 million, according to Morrow’s

research. By 2012, the city had reduced “residential capacity” to 4.3 million people.

“You can downsize all you want,” Morrow said. “It doesn’t stop people from having kids and we don’t have a

wall around the city, so people will come.”

Voters next week could make it even harder to build more than current rules allow.

Measure S would place a two­year moratorium on zone changes or height district changes, while permanently

barring, for individual projects, general plan amendments, which are typically needed for a land use change

such as building homes in a manufacturing district.

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A recent Times analysis found Measure S would stop the kinds of projects that tend to add lots of new units,

but require few demolitions of older homes.

In 2015 alone, developers asked to build more than 8,000 units through general plan amendments, zone

changes or height district changes, city records show. If those were all approved, fewer than 150 rent controlled

units would be demolished.

But stopping exemptions is a good thing, according to Measure S proponents, who say the projects that receive

them are too often out­of­scale luxury developments that don’t soften rents in older buildings nearby, but

instead fuel gentrification, while grid­locking traffic.

“We are talking about wholesale evaporation and gentrification of communities,” said Damien Goodmon,

deputy campaign manager for the Yes on S campaign.

Or the opposite could happen as older, less desirable housing units are left vacant. Consider Normandie

Avenue in Koreatown.

Logan Alexander, who manages a 1930s building there, said new complexes nearby are limiting his ability to lift

rents.

When a tenant moved out last fall who was paying $1,450 for a one­bedroom unit, Alexander said he tried to

get $1,575, then $1,525. He’s now seeking $1,495, just above what the previous tenant was paying.

“I’ve lost some tenants to new buildings,” he said. “Units are sitting vacant for a longer time.”

[email protected]

Follow me @khouriandrew on Twitter

ALSO

Build L.A. up or slow growth down: Should you vote ‘no’ or ‘yes’ on Measure S?

Making sense of Measure S, the latest battle in L.A.'s long war over development

Q&A: What's Measure S? A breakdown of the ballot measure to restrict development

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