California’s biggest county could severely restrict solar energy projects - Los Angeles Times
https://www.latimes.com/business/la-fi-san-bernardino-solar-wind-20190227-story.html[2/27/2019 1:41:28 PM]
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California’s biggest county could severelyrestrict solar energy projectsBy SAMMY ROTH
FEB 27, 2019 | 12:05 PM
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California’s biggest county could severely restrict solar energy projects - Los Angeles Times
https://www.latimes.com/business/la-fi-san-bernardino-solar-wind-20190227-story.html[2/27/2019 1:41:28 PM]
A view of a smaller-scale commercial solar project in Lucerne Valley, Calif., seen on Feb. 25, 2019. (Allen J. Schaben / Los Angeles Times)
Brian Hammer thought he and his wife would retire to the abandoned Lucerne Valley farmhouse theybought nearly a decade ago in the rural high desert northeast of Los Angeles. They paid the full $55,000asking price, then rehabbed the house themselves, stripping it down and installing new wiring, plumbingand appliances.
Now Hammer worries all that time and money was wasted.
California’s biggest county could severely restrict solar energy projects - Los Angeles Times
https://www.latimes.com/business/la-fi-san-bernardino-solar-wind-20190227-story.html[2/27/2019 1:41:28 PM]
An energy developer is planning to build a 483-acre solar farm that Hammer says would come within afew dozen feet of his house. He doesn’t want to live next to an industrial energy project, which he sayswould destroy the area’s rural character, fuel dust storms and harm the Mojave Desert ecology. Those arecommon concerns among residents of rural San Bernardino County, who have been fighting for years toblock large solar farms even as California ramps up its renewable energy targets.
“It’s been soul-crushing to think that our blood, sweat and tears were poured into this, and it can be takenaway with the disturbance of the land,” Hammer said as he stood in the yard behind the house, trying toimagine how a field of solar panels beyond his fence would affect the 360-degree views of a valley ringedby mountains.
California’s biggest county could severely restrict solar energy projects - Los Angeles Times
https://www.latimes.com/business/la-fi-san-bernardino-solar-wind-20190227-story.html[2/27/2019 1:41:28 PM]
Brian Hammer at his 14-acre property in Lucerne Valley, Calif., on Feb. 25, 2019, where he and his wife still hope to retire. Hammer says the Ord Mountain solar farm,proposed by NextEra Energy Resources, would come within 30 feet of the edge of the property. (Allen J. Schaben / Los Angeles Times)
San Bernardino is California’s largest county by area and a hotbed for the state’s solar industry. But localofficials may pump the brakes on solar this week, which developers say could disrupt ambitious climatechange policies passed by state lawmakers.
The county’s Board of Supervisors is slated to vote Thursday on a policy that would prohibit largerenewable energy projects on much of the unincorporated private land governed by the county. The newrestrictions would add to existing regulations that solar and wind developers say have made it difficult tobuild on federal land, which makes up the vast majority of the county’s 20,000 square miles.
California’s biggest county could severely restrict solar energy projects - Los Angeles Times
https://www.latimes.com/business/la-fi-san-bernardino-solar-wind-20190227-story.html[2/27/2019 1:41:28 PM]
As local residents have told the supervisors in public comments, the restrictions would protect theirquality of life. Many locals say California should shift its focus from land-intensive solar farms to smallerinstallations on rooftops and parking lots. The National Renewable Energy Laboratory estimates thatrooftop solar could meet 74% of California’s energy needs.
“We like solar. In fact, I'm probably going to try to get some panels here at my place," said Chuck Bell, afarmer who serves as president of the Lucerne Valley Economic Development Assn., as he drove his Fordpickup truck past a solar farm this week. “Let’s figure out how many megawatts we can produce [onrooftops and parking lots], and then figure out what do we really need to do in the California desert.”
California’s biggest county could severely restrict solar energy projects - Los Angeles Times
https://www.latimes.com/business/la-fi-san-bernardino-solar-wind-20190227-story.html[2/27/2019 1:41:28 PM]
Chuck Bell, a farmer and president of the Lucerne Valley Economic Development Assn., drives along Lucerne Dry Lake, where the Australian construction giant Lendleasehopes to build a 664-acre, 100-megawatt solar farm known as the Calcite project. (Allen J. Schaben / Los Angeles Times)
From the solar industry’s perspective, the proposed restrictions in San Bernardino County are a case studyin how local governments can make or break plans crafted in Sacramento.
Legislators passed a bill last year requiring California to get 60% of its electricity from renewable sourcesby 2030, and to eliminate the burning of fossil fuels for electricity by 2045. State officials also hope to put5 million electric vehicles on the road by 2030, up from an estimated 550,000 EVs that have been sold inCalifornia to date.
California’s biggest county could severely restrict solar energy projects - Los Angeles Times
https://www.latimes.com/business/la-fi-san-bernardino-solar-wind-20190227-story.html[2/27/2019 1:41:28 PM]
Those policies are meant to reduce emissions of greenhouse gases, which fuel rising seas, bigger wildfires,worsening droughts and more dangerous heat waves.
Meeting the state’s goals will require significant new solar and wind power facilities to be built, along withbatteries to store that zero-carbon energy for use when the sun isn’t shining and the wind isn’t blowing.
Some of the renewable power will come from solar panels on rooftops and parking lots — starting in 2020,California will require all new homes to be built with solar power. But so far, the vast majority ofCalifornia’s renewable energy has come from sprawling solar and wind farms, which are generally cheaperthan rooftop solar because of the economies of scale involved.
California set a goal of 100% clean energy, and now other states may follow its lead »
San Bernardino County is critical to the state’s climate fight because it has some of the strongest and mostconsistent sunlight in the world, said Shannon Eddy, executive director of the Large-scale Solar Assn., aSacramento-based trade group.
The county is also really, really big. San Bernardino County has more land area than nine U.S. states and istwice as large as California’s next-biggest county, Inyo.
California’s biggest county could severely restrict solar energy projects - Los Angeles Times
https://www.latimes.com/business/la-fi-san-bernardino-solar-wind-20190227-story.html[2/27/2019 1:41:28 PM]
A view of a smaller-scale commercial solar project in the foreground in Lucerne Valley, Calif., on Feb. 25, 2019. A much larger solar project has been proposed for some ofthe open land in the distance. (Allen J. Schaben / Los Angeles Times)
San Bernardino County wouldn’t be the first local government to restrict renewable energy productionfacilities. In 2016, Los Angeles County prohibited large wind turbines in unincorporated areas, includingthe rural high desert. Other desert counties have land-use plans that solar and wind developers findstifling.
“Where will California put the projects it will need to meet its clean energy goals if the counties keepsaying no to solar and to wind?” Eddy asked. “San Bernardino is an emblem, but this is a broader problemacross the state.”
California’s biggest county could severely restrict solar energy projects - Los Angeles Times
https://www.latimes.com/business/la-fi-san-bernardino-solar-wind-20190227-story.html[2/27/2019 1:41:28 PM]
The proposal going before county supervisors on Thursday would prohibit utility-scale renewable energyprojects within the boundaries of Community Plans that have been adopted by more than a dozenunincorporated towns, including Joshua Tree, Lucerne Valley and Morongo Valley. Construction of bigsolar and wind farms would also be banned in so-called Rural Living zones.
A county spokesman said the proposal, known as Renewable Energy Policy 4.10, would block new solarand wind farms on slightly more than 1 million acres, out of nearly 2 million acres governed by the county.But Tim Mason, policy director for the Large-scale Solar Assn., said one solar company estimates theamount of “developable” land across the county — taking into account on-the-ground conditions andexisting restrictions on federal lands — would decrease to 90,000 acres under the new policy from360,000 acres, in a county of nearly 13 million acres.
California’s biggest county could severely restrict solar energy projects - Los Angeles Times
https://www.latimes.com/business/la-fi-san-bernardino-solar-wind-20190227-story.html[2/27/2019 1:41:28 PM]
A view of a smaller-scale commercial solar project in Lucerne Valley, Calif., seen on Feb. 25, 2019. (Allen J. Schaben / Los Angeles Times)
Some locals say the proposed restrictions may not be tough enough.
Morongo Valley resident Pat Flanagan, who serves on the board of the Morongo Basin Conservation Assn.,is worried developers could still ask county supervisors to carve out exceptions to the policy. She’s also notconvinced solar farms should be allowed in the handful of already disturbed areas the county haspreviously suggested may be appropriate for large renewable energy projects.
Earlier this week, Flanagan stepped off the blacktop near Highway 247 in Lucerne Valley and crouched
California’s biggest county could severely restrict solar energy projects - Los Angeles Times
https://www.latimes.com/business/la-fi-san-bernardino-solar-wind-20190227-story.html[2/27/2019 1:41:28 PM]
down to examine the salt brush scrub that dominates this part of the Mojave Desert. She was surroundedby land where the Australian construction giant Lendlease wants to build the 664-acre, 100-megawattCalcite solar farm.
“People get away with deciding this is good for putting all this solar on because this doesn't havespectacular plants,” said Flanagan, who has a bachelor's degree in biology.
Robin Kobaly, left, a botanist and executive director of the SummerTree Institute, and Pat Flanagan, board member of the Morongo Basin Conservation Assn., walk amid adust storm on the Lucerne Dry Lake on Feb. 25, 2019 in Lucerne Valley, Calif. (Allen J. Schaben / Los Angeles Times)
Soon Flanagan’s attention was drawn to a dust storm forming across the highway, at the base of the
California’s biggest county could severely restrict solar energy projects - Los Angeles Times
https://www.latimes.com/business/la-fi-san-bernardino-solar-wind-20190227-story.html[2/27/2019 1:41:28 PM]
Granite Mountains. Whipped by wind, dust particles flew high into the air, making breathing moredifficult as the particles approached the highway.
Like other local residents, Flanagan says existing solar projects fuel bigger dust storms because theydestabilize the soil.
A Lendlease representative didn't respond to a request for comment. A spokesman for Florida-basedNextEra Energy Resources, which is developing the Ord Mountain solar project that would be built next toHammer’s property, declined to comment.
California’s biggest county could severely restrict solar energy projects - Los Angeles Times
https://www.latimes.com/business/la-fi-san-bernardino-solar-wind-20190227-story.html[2/27/2019 1:41:28 PM]
Long-distance power lines run through the Lucerne Dry Lake area, where several large solar projects have been proposed, in San Bernardino County, as seen on Feb. 25, 2019.(Allen J. Schaben / Los Angeles Times)
Renewable energy has been a source of tension in California's deserts for years, with nearly all large solarand wind projects facing opposition from unhappy local landowners, environmental groups or both. Thebiggest battles have been fought over potential harm to wildlife, such as birds getting sliced apart by windturbine blades or desert tortoises and other critters losing habitat to sprawling fields of solar panels.
Although most major environmental groups support the construction of renewable energy projects in thedesert, they’ve tried to steer developers toward previously disturbed lands near existing power lines.
That same mentality informed the regulators who crafted the Desert Renewable Energy ConservationPlan, an Obama-era document that protects millions of acres of California desert from the Owens Valley tothe U.S.-Mexico border and sets aside smaller pockets of federal land for energy development.
Trump administration takes aim at California desert protection plan »
Energy companies have never been satisfied by the federal plan, which they say leaves too land little forsolar and wind projects and adds environmental regulations that make permitting difficult even on landsdesignated for development. They’re also frustrated by federal leasing rules, imposed by the Obamaadministration, that they say have raised the costs of renting public lands for solar and wind farms.
The ongoing battle in San Bernardino County deals with county lands that are privately owned andoverseen by the Board of Supervisors, rather than the federal government or incorporated cities.
Solar projects like Ord Mountain and Calcite that are already going through the permitting process wouldstill be allowed to proceed. So even if the supervisors vote to restrict development, Hammer could stillhave a solar farm as a neighbor.
Cost stopped an election recount, so San Bernardino County Registrar proposes lowering fees – San Bernardino Sun
https://www.sbsun.com/2019/02/27/san-bernardino-county-registrar-of-voters-proposes-lower-recount-fees/[2/28/2019 7:28:11 AM]
By SANDRA EMERSON | [email protected] |PUBLISHED: February 27, 2019 at 6:00 am | UPDATED:
Election Technician Mark Espinoza performs a test run on one ofthe 19 high-speed ballot counters, in preparation for the upcomingelections, at the San Bernardino County Registrar’s office in SanBernardino on Thursday, September 6, 2018. (Photo by JenniferCappuccio Maher, Inland Valley Daily Bulletin/SCNG)
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Cost stopped an election recount, so SanBernardino County Registrar proposes loweringfeesAt least one election — in which 8 votes separated the winner and loser —wasn't re-counted because of cost
Cost stopped an election recount, so San Bernardino County Registrar proposes lowering fees – San Bernardino Sun
https://www.sbsun.com/2019/02/27/san-bernardino-county-registrar-of-voters-proposes-lower-recount-fees/[2/28/2019 7:28:11 AM]
February 27, 2019 at 4:36 pm
The cost to recount ballots in San BernardinoCounty soon might go down.
Interim Registrar of Voters Bob Page isrecommending that the elections office lower itsfee for recounts by excluding overhead costs.
The proposal, presented during a special Board ofSupervisors meeting Tuesday, Feb. 26, comesafter residents complained that the county’srecount fees were higher than similar fees chargedin neighboring Riverside and Kern counties, whichdo not include costs of office overhead.
In December, Jody Isenberg of SanBernardino was told it would cost about $22,596 torecount ballots cast at polling places in the SanBernardino City Council’s fourth ward during theNov. 6 election.
Councilman Fred Shorett was re-elected by amere 8 votes over challenger Alexandra “Alex”Beltran, who was supported by Isenberg. But,because of costs, no recount was held.
Had the new rules been in place then, Page toldthe supervisors, the cost to conduct a recount inthe San Bernardino City Council race would havebeen $13,400.
But Isenberg noted that the new price of a recall inSan Bernardino County still would be much higherthan similarly sized recounts in Riverside and Kerncounties. In a letter Isenberg sent to the SanBernardino County Registrar’s Office in December,
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Cost stopped an election recount, so San Bernardino County Registrar proposes lowering fees – San Bernardino Sun
https://www.sbsun.com/2019/02/27/san-bernardino-county-registrar-of-voters-proposes-lower-recount-fees/[2/28/2019 7:28:11 AM]
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she said Riverside County charged $2,632 for thefirst day to recount 3,800 ballots in an Indio race,while Kern County estimated it would charge$2,567 a day to recount a race with 2,800 ballotsin Tehachapi.
“The night before the recount (in San Bernardino),we were notified we’d have to come up with$23,000,” Isenberg said Tuesday. “The whole thingkind of smacked of a clear indication that they didnot want to conduct this recount.”
Page also asked the supervisors to implement thechange by the May 7 special election in SanBernardino’s Third Ward.
A hearing introducing the fee ordinance isscheduled for March 19. The supervisors willconsider adopting the fees April 2.
Deputy critically wounded in Adelanto shooting returns to duty – Press Enterprise
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By BRIAN ROKOS | [email protected] | The
Press-EnterprisePUBLISHED: February 27, 2019 at 8:47 pm | UPDATED:February 27, 2019 at 9:12 pm
Robert Jahn, the San Bernardino County sheriff’sdeputy who was critically wounded in a shooting in
San Bernardino County Sheriff’s deputy Robert Jahn, 45, was shotearly Thursday, Oct. 18, when he was fired upon in Adelanto.(Courtesy of San Bernardino County Sheriff’s Dept.)
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Deputy critically wounded in Adelanto shootingreturns to duty
Deputy critically wounded in Adelanto shooting returns to duty – Press Enterprise
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Man found fatally shot in San Bernardino
Judge postpones decision on merits ofattempted murder case against ‘RealHousewives of Orange County’ son
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October, returned to duty Wednesday, Feb. 27.
Jahn is on modified duty, working a desk at asheriff’s station, spokeswoman Jodi Miller said.
Jahn was struck by gunfire that damaged some ofhis organs as he and his partner approached anAdelanto apartment complex on foot to investigateshots they heard while on a traffic stop nearby.Jahn was in critical but stable condition for severaldays after surgery. He was discharged from ahospital in late October.
Nicolas Ruiz and Larry Romualdo have pleadednot guilty to a charge of premeditated attemptedmurder of a peace officer. They are due back incourt for a hearing April 11. MOST POPULAR
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Tags: officer-involved shooting, police, shooting, Top Stories Sun
Chicken-killing Newcastle disease prompts widespread quarantines in Southern California – San Bernardino Sun
https://www.sbsun.com/...ern-california/?utm_campaign=socialflow&utm_content=tw-sbsun&utm_source=twitter.com&utm_medium=social[2/27/2019 4:13:16 PM]
A poultry quarantine has been placed on much of SouthernCalifornia because of virulent Newcastle disease. People arebeing asked not to take their birds off their property to prevent the
NEWSENVIRONMENT
Chicken-killing Newcastle disease promptswidespread quarantines in Southern CaliforniaAbout a million birds have died so far.
Chicken-killing Newcastle disease prompts widespread quarantines in Southern California – San Bernardino Sun
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By MARTIN WISCKOL | [email protected] |
Orange County RegisterPUBLISHED: February 27, 2019 at 3:29 pm | UPDATED:February 27, 2019 at 3:34 pm
With virulent Newcastle disease killing a growingnumber of Southern California chickens, stateVeterinarian Annette Jones announcedWednesday a poultry quarantine for all of LosAngeles County and large portions of SanBernardino and Riverside counties.
The highly contagious respiratory virus is nearlyalways fatal for all poultry and has most affectedchickens in the current outbreak. Though thenumber of infections went down for several monthsafter the disease was identified, in May, thenumber of cases has increased since November.
In addition to the latest quarantines, communitiesin the three counties continue to have mandatoryeuthanasia decrees for all poultry. With past andcurrently planned euthanasia orders, the diseasewill have led to the death of 1 million birds. Thenumbers of birds euthanized has doubled sinceJan. 25.
“There are no human health concerns providedthat any meat or eggs are cooked properly,”according to Wednesday’s announcement by thestate Department of Food and Agriculture.
“People who come in direct contact with the virusmay develop conjunctivitis-like symptoms or run amild fever.”
spread of illness that can be deadly to the animals. (Photo by RickSforza, The Sun/SCNG)
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Chicken-killing Newcastle disease prompts widespread quarantines in Southern California – San Bernardino Sun
https://www.sbsun.com/...ern-california/?utm_campaign=socialflow&utm_content=tw-sbsun&utm_source=twitter.com&utm_medium=social[2/27/2019 4:13:16 PM]
Quarantine orders
The quarantine requires owners to report sick birdsto the Department of Food and Agriculture, allowtesting, cease exhibitions, stop shipping andreceiving of birds and increase biosecurity.
“The primary way that (Newcastle Disease)spreads is by people moving sick birds,” Jonessaid. “Extending the prohibition of bird movementacross a larger area is the next logical step inbeing able to stop the spread of the virus and toeradicate the disease.”
Beside Los Angeles County, the quarantinereaches from the western boundary of RiversideCounty to the Salton Sea — including theCoachella Valley. It also includes western SanBernardino County extending as far east as theYucca Valley. A map of the quarantined areas canbe found at bit.ly/2KQurJu.
While quarantines have been announced for 18communities at various times since May, thoseissued Wednesday are the most sweeping yet.
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Chicken-killing Newcastle disease prompts widespread quarantines in Southern California – San Bernardino Sun
https://www.sbsun.com/...ern-california/?utm_campaign=socialflow&utm_content=tw-sbsun&utm_source=twitter.com&utm_medium=social[2/27/2019 4:13:16 PM]
Chicken-killing Newcastle diseasespreads to Norco
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Southern California’s Newcastle diseasetoll on chickens rises to 60,000, includingcommercial flock
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Cases had been mostly backyard show chickensuntil late December, when infections first wereidentified at a commercial chicken operation. OnFeb. 16, the most recent instance of infection at anindustry operation was identified, bringing thetotals to four in Riverside County and two in SanBernardino County. The Department of Food andAgriculture does not release the names oraddresses of infected operations.
Worst since 2003
Cities and communities with mandatory euthanasiaorders are Compton and Whittier in Los AngelesCounty; Eastvale, Menifee, Mira Loma/JurupaValley, Norco, Nuevo, Perris and Riverside City inRiverside County; and Fontana, Hesperia,Highland, Muscoy and Ontario in San BernardinoCounty.
Thecurrent
outbreak is the first time a commercial flock in thestate has been infected since 2002-2003, when
Chicken-killing Newcastle disease prompts widespread quarantines in Southern California – San Bernardino Sun
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nearly 4 million birds on 2,500 premises wereeuthanized. That outbreak touched 22 commercialpoultry operations.
The USDA recommends bird owners avoid visits toother bird owners or poultry farms during anoutbreak. Those who do make visits shouldchange clothes and clean their hands and shoesbefore entering their own bird area. Egg trays,crates, vehicles and tires should be disinfected.
Owners who believe their birds may be infectedare asked to call the Department of Food andAgriculture sick bird hotline at 866-922-2473.
Martin WisckolMartin Wisckol covers coastal environment and development. Previously, he spent two decades as politics reporterand columnist for the Orange County Register. He’s also held reporting positions in Miami, Jacksonville, Detroit andhis hometown of San Diego, with an emphasis on land use and urban planning. He is a lifelong surfer and has spentmost of his life on the coast. His work has been honored by the Society of Professional Journalists, the NationalHeadliner Awards, the California Newspaper Publishers Association, the Florida Press Club and the AmericanPlanning Association Florida Chapter.
Follow Martin Wisckol @MartinWisckol
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Judge halts licensing process for 7 commercial cannabis businesses in San Bernardino – Daily Bulletin
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This Friday, Nov. 3, 2017 photo shows jars of medical marijuanaon display on the counter of Western Caregivers Medicalmarijuana dispensary in Los Angeles. There will be no legal potparty in Los Angeles on Jan. 1. California kicks off recreationalsales on New Year’s Day, becoming the largest state in the nationwith legal cannabis for adults. But Los Angeles officials announcedFriday, Dec. 22, 2017, that dispensaries in the city won’t be part ofthe celebration. The city won’t begin accepting applications to selllegal recreational pot until Jan. 3, 2018, and it could take weeksbefore those businesses are properly licensed with the city and
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Judge halts licensing process for 7 commercialcannabis businesses in San BernardinoThe temporary restraining orders allow the businesses to contestallegations made in a lawsuit against the city
Judge halts licensing process for 7 commercial cannabis businesses in San Bernardino – Daily Bulletin
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By BRIAN WHITEHEAD | [email protected] |
San Bernardino SunPUBLISHED: February 27, 2019 at 12:52 pm | UPDATED:February 27, 2019 at 1:16 pm
A week after San Bernardino city leaders approved16 commercial cannabis businesses, a local judgehalted the licensing process for seven of them.
On Wednesday, Feb. 27, San Bernardino SuperiorCourt Judge Janet M. Frangie issued temporaryrestraining orders against business owners whoseplans are alleged to be in violation of city law orthe general plan. Those companies are OrgantixOrchards, AM-PM Mgmt. Inc., Orange ShowCultivators, Nibble This LLC (two separatelocations), Blunt Brothers and Accessible Options.
A Bud and Beyond also is alleged to benoncompliant, but it was not awarded a license lastweek.
Frangie’s decision grants those seven businessesthe opportunity to contest the allegationspresented in a lawsuit against the city filed byrejected applicant Washington LLC, which isheaded by cannabis activist Stephanie Smith.
Another temporary restraining order hearing isscheduled for 8:30 a.m. Friday, March 8, in SanBernardino Superior Court before Judge DavidCohn.
“I do have a concern,” Frangie said in courtWednesday, “for the nonparties here who thinkthey have a permit, think they’ve been approved
state. (AP Photo/Richard Vogel, File)
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Judge halts licensing process for 7 commercial cannabis businesses in San Bernardino – Daily Bulletin
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and … they start doing things when, ultimately, if(Washington LLC) is successful, they now havebeen damaged in going forward and getting otherthings they need to do to open.
“That concerns me.”
While the temporary restraining orders halt thelicensing process for some, businesses with nosuch compliance issues can continue the process,though it remains unclear how long that processwill take to complete.
Frangie, who heard the case Wednesday in placeof Cohn, who was on vacation, shared particularconcern over the city violating its law as it relatesto prohibiting such businesses from being close toschools, churches, community centers and othersensitive uses of land.
“If the permits were issued to businesses wherethey violated the ordinance on areas of sensitiveuse,” she said, “that would be sufficient for thecourt to stop the process, look at it and ask if thereis a violation. The ordinance has a reason forhaving that (mandate).”
On
Judge halts licensing process for 7 commercial cannabis businesses in San Bernardino – Daily Bulletin
https://www.dailybulletin.com/...utm_medium=social&utm_source=twitter.com&utm_campaign=socialflow&utm_content=tw-ivdailybulletin[2/27/2019 1:42:27 PM]
This is how many cannabis businessesPomona could allow
Fontana’s new marijuana policy couldease up on rules a judge found toorestrictive
California’s ‘cannabis landlord’ pleads notguilty, released on bail
San Bernardino police arrest ‘California’scannabis landlord’ during raid at her home
California made $345 million, notpredicted $1 billion, on legal cannabis in2018
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Monday, Feb. 25, a few days after being arrestedduring a raid by San Bernardino police at herPacific Palisades home, Smith sued the city to haltthe licensing of the commercial cannabisbusinesses.
Smith, California’s self-proclaimed “cannabislandlord,” has pleaded not guilty and will nextappear in court on Monday, March 4, for asettlement conference.
In the lawsuit against San Bernardino, Smithalleges corrupt practices involving a “pay for play”scheme.
“The effects of the ‘pay for play’ corruption led tothe City issuing a large number of licenses thatwere illegal, not just because of the ‘pay for play,’but also because the licenses violated state andcity law,” the lawsuit alleges.
Judge halts licensing process for 7 commercial cannabis businesses in San Bernardino – Daily Bulletin
https://www.dailybulletin.com/...utm_medium=social&utm_source=twitter.com&utm_campaign=socialflow&utm_content=tw-ivdailybulletin[2/27/2019 1:42:27 PM]
Wednesday’s decision in response to the lawsuitwas the right call, Smith’s attorney, Ben Eilenberg,said.
“By issuing the temporary restraining orders(Wednesday),” Eilenberg added, “Judge Frangieinherently made a finding that we are likely tosucceed on the merits of the case and we agreewith her, and we hope Judge Cohn does too.”
Brian WhiteheadBrian Whitehead covers San Bernardino for The Sun. Bred in Grand Terrace, he graduated from Riverside NotreDame High and Cal State Fullerton. For seven years, he covered high school and college sports for The OrangeCounty Register. Before landing at The Sun, he was the city beat reporter for Buena Park, Fullerton and La Palma.
Follow Brian Whitehead @bwhitehead3
Tags: Marijuana, Top Stories PE, Top Stories RDF, Top Stories Sun
Fontana changes marijuana policy, drops cost of residential cultivation permit to $25 – San Bernardino Sun
https://www.sbsun.com/...-permit-to-25/?utm_source=twitter.com&utm_medium=social&utm_campaign=socialflow&utm_content=tw-sbsun[2/27/2019 2:43:46 PM]
It’s only a matter of time before residents argue Prop. 64 gives
LOCAL NEWS
Fontana changes marijuana policy, drops cost ofresidential cultivation permit to $25On Tuesday, Feb. 26, city leaders adopted a new policy that eliminatesmany restrictions previously placed on home growers
Fontana changes marijuana policy, drops cost of residential cultivation permit to $25 – San Bernardino Sun
https://www.sbsun.com/...-permit-to-25/?utm_source=twitter.com&utm_medium=social&utm_campaign=socialflow&utm_content=tw-sbsun[2/27/2019 2:43:46 PM]
Judge halts licensing process for 7commercial cannabis businesses in SanBernardino
Fontana’s new marijuana policy could
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By BRIAN WHITEHEAD | [email protected] |
San Bernardino SunPUBLISHED: February 27, 2019 at 2:39 pm | UPDATED:February 27, 2019 at 2:42 pm
Fontana residents 21 and older who want to growcannabis at home now have to pay only $25 toreceive a Residential Indoor Marijuana Cultivation,or RIMC, permit.
On Tuesday, Feb. 26, city leaders revised theirmarijuana policy to eliminate certain restrictionspreviously placed on home growers.
Now, permits no longer cost $411 and people whowant to grow cannabis at home need not undergoa criminal background check, agree to have theirhomes inspected by the city or provide the city alandlord’s permission to grow at the property.
The result of a lawsuit brought against the city in2017 by the American Civil Liberties Union ofCalifornia and the Drug Policy Appliance, thesweeping changes were unanimously approved bythe council.
“It didn’thave tocome tothis, butyou allwanted
them the “right” to smoke marijuana in a home association. This isincorrect, and associations can pass rules or use restrictionsbanning marijuana smoking or marijuana plants in the association.Marijuana flowers bloom at Riverview Farms and MontereyCannabis Co., in the Salinas Valley, on May 5. (Photo by RayChavez/Bay Area News Group)
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1 Man found fatally shot in San Bernardino
2 Upland boy dropped from second floor continuesto recover, while mother is held without bail
3 Victims in Rialto double-homicide identified;motive for attack unknown
4 Judge halts licensing process for 7 commercialcannabis businesses in San Bernardino
5 Two men dead after vehicle-to-vehicle shootingon Monday in Rialto
6 Woman’s body discovered in Cajon Pass; noidentification yet
7 Infant dies; toddler and mother survive after dropfrom 2-story balcony in Upland
Fontana changes marijuana policy, drops cost of residential cultivation permit to $25 – San Bernardino Sun
https://www.sbsun.com/...-permit-to-25/?utm_source=twitter.com&utm_medium=social&utm_campaign=socialflow&utm_content=tw-sbsun[2/27/2019 2:43:46 PM]
ease up on rules a judge found toorestrictive
California’s ‘cannabis landlord’ pleads notguilty, released on bail
This is how many commercial cannabislicenses San Bernardino approved
San Bernardino police arrest ‘California’scannabis landlord’ during raid at her home
to be as
restrictive as possible and stepped over the line,the judge said so himself,” Mike Harris, whobrought the lawsuit against the city two years ago,told council members Tuesday. “It violated statelaw, and you really shouldn’t have done it.
“It was upsetting to have to bring this forward …but I felt you were in the wrong.”
In November, a San Bernardino Superior Courtjudge ruled in favor of Harris, ordering Fontana torevise its ordinance and pay $106,916 in legalfees.
In addition to lowering the cost of an RIMC permit,Fontana permitted multiple cultivation sites at anindividual residence, with a maximum of six plants,per state law. Additionally, personal cultivators willnot have to grow in separate, locked rooms andaway from certain chemicals.
“The city doesn’t have to embrace cannabis,”Harris said, “but (it doesn’t need) to be punitive orlook at people who use it as anything other thansomebody who’s just having a beer, which isactually more harmful.”
8 Man whose body was found floating in LongBeach identified as missing Whittier resident
9 Time-lapse map shows how winter rains havewashed away California’s drought
10 17-year-old boy arrested in death of man inChino
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Man found fatally shot in San Bernardino – Press Enterprise
https://www.pe.com/...nardino/?utm_medium=social&utm_source=twitter.com&utm_campaign=socialflow&utm_content=tw-pressenterprise[2/27/2019 1:44:30 PM]
By BEATRIZ E. VALENZUELA |
[email protected] | San Bernardino SunPUBLISHED: February 27, 2019 at 9:33 am | UPDATED:February 27, 2019 at 9:58 am
A man was found fatally shot inside a vehicle inSan Bernardino early Wednesday morning, police
San Bernardino police investigate a shooting early Wednesday,Feb. 27, in the 3500 block of Rainbow Lane. Courtesy of JohnStrangis
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Man found fatally shot in San Bernardino
Man found fatally shot in San Bernardino – Press Enterprise
https://www.pe.com/...nardino/?utm_medium=social&utm_source=twitter.com&utm_campaign=socialflow&utm_content=tw-pressenterprise[2/27/2019 1:44:30 PM]
Upland boy allegedly dropped by momfrom second floor continues to recover,while mother is held without bail
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said.
“He was found with gunshot wounds to the head,”San Bernardino police Detective Jose Castro said.
The man was identified as 29-year-old TreionFentroy of San Bernardino.
Police received a call around 1 a.m. from someonein the 3500 block of Rainbow Lane for gunshots inthe area, Castro said.
Officers took the vehicle for further investigation,canvassed the neighborhood, and intended to lookaround the area again for clues and possiblesurveillance video.
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Tags: homicide, shooting, Top Stories PE, Top Stories Sun
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Woman found dead in Cajon Pass is ID’d – San Bernardino Sun
https://www.sbsun.com/2019/02/27/woman-found-dead-in-cajon-pass-is-idd/[2/28/2019 7:25:01 AM]
By BRIAN ROKOS | [email protected] | The
Press-EnterprisePUBLISHED: February 27, 2019 at 5:01 pm | UPDATED:February 27, 2019 at 7:56 pm
The woman found dead in the Cajon Pass onTuesday is a 42-year-old transient from SanBernardino, the San Bernardino County Sheriff’sDepartment said Wednesday, Feb. 27.
The woman’s name will not be publicly releaseduntil her relatives are contacted, sheriff’sspokeswoman Jodi Miller said.
Someone discovered the body about 10 a.m. inthe area of Lone Pine Canyon Road east ofHighway 138, according to a sheriff’s newsrelease. An autopsy was planned.
Investigators ask that anyone with information onthe woman call Detective Gerad Laing at 909-387-
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Woman found dead in Cajon Pass is ID’d
Woman found dead in Cajon Pass is ID’d – San Bernardino Sun
https://www.sbsun.com/2019/02/27/woman-found-dead-in-cajon-pass-is-idd/[2/28/2019 7:25:01 AM]
Man found fatally shot in San Bernardino
Upland boy dropped from second floorcontinues to recover, while mother is heldwithout bail
17-year-old boy arrested in death of manin Chino
Culver City police study where to searchfor potential remains of infant in landfillnear Corona
Woman’s body discovered in Cajon Pass;no identification yet
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3589 or leave tips anonymously with We Tip at800-782-7463 or the website wetip.com.
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Brian RokosBrian Rokos writes about public safety issues such as policing, criminal justice, scams, how law affectspublic safety, firefighting tactics and wildland fire danger. He has also covered the cities of San Bernardino,Corona, Norco, Lake Elsinore, Perris, Canyon Lake and Hemet. Before that he supervised reporters andworked as a copy editor. For some reason, he enjoys movies where the Earth is threatened with extinction.
Tags: homicide, Top Stories IVDB, Top Stories PE, Top Stories RDF, Top Stories Sun
Perris motorist accused of fleeing after striking man in wheelchair in Highland – Daily Bulletin
https://www.dailybulletin.com/...tm_content=tw-ivdailybulletin&utm_campaign=socialflow&utm_medium=social&utm_source=twitter.com[2/28/2019 7:22:56 AM]
By BRIAN ROKOS | [email protected] | The
Press-EnterprisePUBLISHED: February 27, 2019 at 8:03 pm | UPDATED:February 27, 2019 at 9:10 pm
A Perris woman was arrested Tuesday, two daysafter authorities believe she ran over a man in awheelchair in Highland and drove away, the SanBernardino County Sheriff’s Department saidWednesday, Feb. 27.
Desiree Shante Every, 37, was arrested onsuspicion of hit and run causing injury, a felony.She was released Wednesday after posting$50,000 bail, according to Superior Court records.
The collision happened about 2:30 a.m. Sunday atBaseline Street and Sterling Avenue. A man in awheelchair entered the road at that intersectionand was struck by a vehicle headed west on
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Perris motorist accused of fleeing after strikingman in wheelchair in Highland
Perris motorist accused of fleeing after striking man in wheelchair in Highland – Daily Bulletin
https://www.dailybulletin.com/...tm_content=tw-ivdailybulletin&utm_campaign=socialflow&utm_medium=social&utm_source=twitter.com[2/28/2019 7:22:56 AM]
Moreno Valley teen dies after being struckby vehicle; hit-and-run suspect arrested
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Baseline, a sheriff’s news release said. The victim,who suffered life-threatening injuries, has not beenidentified.
The investigation led detectives to Every, who wasarrested at the Highland sheriff’s station.
Every has an active case after receiving a ticketaccusing her of driving at an unsafe speed inNovember, according to Riverside County SuperiorCourt records. She has convictions for unsafespeed (two), driving without wearing a seat belt,driving faster than 65 mph and talking on a phonewithout using a hands-free device, records show.
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Tags: crash, hit-and-run, Top Stories PE, Top Stories Sun
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Light rain Thursday in Inland Empire getting heavier over the weekend – Press Enterprise
https://www.pe.com/...eekend/?utm_medium=social&utm_source=twitter.com&utm_content=tw-pressenterprise&utm_campaign=socialflow[2/28/2019 7:21:37 AM]
By CITY NEWS SERVICE |PUBLISHED: February 28, 2019 at 5:59 am | UPDATED:February 28, 2019 at 6:01 am
RIVERSIDE — A low-pressure system could bringlight rain to parts of Riverside and San Bernardinocounties Thursday, before another storm systembrings a potential for heavier rain through theweekend, forecasters said.
The storm system moving inland Thursday isexpected to drop less than one-tenth of an inch ofrain, if any, throughout the county, according to theNational Weather Service.
The chance of measurable precipitation in mostparts of the Inland Empire has been set at 20percent, with a 30 percent chance in the RiversideCounty mountains. The rain chance in the SanBernardino County mountains is 20 percent.
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Light rain Thursday in Inland Empire gettingheavier over the weekend
Light rain Thursday in Inland Empire getting heavier over the weekend – Press Enterprise
https://www.pe.com/...eekend/?utm_medium=social&utm_source=twitter.com&utm_content=tw-pressenterprise&utm_campaign=socialflow[2/28/2019 7:21:37 AM]
The Coachella Valley is not expected to see anyrain until Saturday.
After the first storm makes its exit Thursday night,conditions will be dry Friday until another stormsystem rolls into the region Friday night or earlySaturday, forecasters said.
Rainfall totals from the weekend storm will rangefrom a quarter-inch to a half-inch in the Riversidemetropolitan area and Lake Elsinore, up to six-tenths of an inch in Temecula and the SanGorgonio Pass near Banning and less than one-tenth of an inch in the Coachella Valley, accordingto the NWS.
San Bernardino rainfall totals from Saturday’sstorm are expected to be between a half-inch andan inch.
The mountains could get anywhere between three-quarters of an inch to 1.25 inches of rain over theweekend and snow levels will drop to 7,000 feet bySaturday night, forecasters said.
A chance of showers is expected to linger in theregion until late Sunday night.
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It is unlikely that flooding, mud and debris flows willdevelop around the Cleveland National Forest andthe Temescal Valley, according to the RiversideCounty Emergency Management Department.
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New Regulations, Big Impacts Part I: Elections, Revenue, Property and Public Safety | PublicCEO
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New Regulations, Big Impacts Part I: Elections, Revenue, Property and Public
Safety
POSTED BY : PUBLICCEO FEBRUARY 26, 2019
California Lawmakers Created New Public Agency Laws for 2019 on Elections, Road and
Building Safety, Cannabis and Campaign Finance
By Best Best & Krieger LLP
LOCAL GOVERNMENT
New Regulations, Big Impacts Part I: Elections, Revenue, Property and Public Safety | PublicCEO
http://www.publicceo.com/2019/02/new-regulations-big-impacts-part-i-elections-revenue-property-and-public-safety/[2/28/2019 7:40:25 AM]
From increasing transparency in campaign fnance r eporting to legalizing sidewalk vending,
California lawmakers passed a number of laws in 2018 that have a signifcant impact on how publ ic
agencies do business now.
Local leaders should be aware of the numerous new laws that eliminate the impacts of past
cannabis-related convictions, ease taxi regulations and increase fr e department inspection liability,
among other things. Below is a recap of these new laws, most of which went into effect Jan. 1.
Be sure to check out Part II Wednesday, which will discuss new laws addressing the state’s housing
shortages, ensuring safety and prohibiting discrimination, and Part III on Thursday, which will focus
on water and the environment.
Shedding Light on Campaign Financing, Reducing Voter Disenfranchisement
Coming off a big legislative push in 2017 to eliminate conf icts of interest and promote transparency
in state elections, California lawmakers continued amending the Political Reform Act of 1974 to shed
more light on campaign fnancing and gr ant voters the chance to verify the signature on their mail-
in ballots.
Under Senate Bill 1239, all elected offcials, candidates and commi ttees must f le their political
contribution, expenditure and loan statements online or electronically with the Secretary of State’s
offce r egardless of the monetary value.
Senate Bill 759 lifts a prohibition that barred elections offcials f rom counting a mail-in ballot if
a voter’s signature didn’t match their registration affda vit. Now, elections offcials must notif y the
voter and give them an opportunity to verify their signature before certifying an election.
Taxis, Sidewalk Vendors, Utilities and Broadband Services
Various laws passed in 2018 tackle issues relating to public property, including: sidewalk vending
and charitable feeding, taxis and broadband services as well as local water systems.
Senate Bill 946 decriminalizes sidewalk vending and allows a local authority to adopt a
sidewalk vending regulatory program in accordance with the bill’s provisions. A local authority may
adopt additional requirements regulating the time, place and manner of sidewalk vending if directly
related to objective health, safety or welfare concerns, including requiring the vendor to obtain a
valid permit or business license.
Assembly Bill 2178 allows limited service charitable feeding operations to distribute food in an
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outdoor location for up to four hours a day, using best management practices and subject to the
approval of a local enforcement agency — with which the operation must be registered.
Assembly Bill 939 eases taxi regulations to level the playing feld f or traditional taxicab
companies and ride-hailing services like Uber and Lyft. This law makes it unlawful to operate a cab
company in a city or county without a permit from where the company is “substantially located”
and requires a permitting program be provided for taxicab drivers.
Assembly Bill 1999 expands the list of government entities expressly allowed to develop, own
and provide public broadband services. Community services districts are no longer required to
determine if a private party can provide local broadband services before delivering the service
themselves. The law requires that these broadband providers adhere to net neutrality rules.
Assembly Bill 2179 simplifed the v oting requirements for a municipal utility to consolidate its
sewer system with a neighboring utility. If a municipality wants to lease, sell or transfer part of its
service to another entity, they may now do so with a simple majority vote.
Roadway Safety Changes for Rideshare Scooters, Helmets
As dockless, motorized scooters have become more prevalent on California streets, lawmakers
passed a road-safety measure — Assembly Bill 2989 — requiring riders under age 18 to wear a
helmet.
The state’s Vehicle Code now requires minors to wear a helmet when riding a bike, scooter,
skateboard or skates on a public street, path or trail. A failure to do so could result in a citation and
$25 fne.
Assembly Bill 3077 provides a corrective mechanism for minors cited or fned f or not wearing a
helmet. Agencies are now barred from transmitting citation records to courts and imposing fees if,
within 120 days, the minor’s parent/guardian proves they own a helmet and have completed a
bicycle safety course.
Previous law prohibited riders from exceeding speeds of 15 miles per hour on motorized scooters
and from operating such vehicles on roadways with a posted speed limit over 25 mph, unless riding
in a defned bik e lane. Under AB 2989 municipalities can now allow motorized scooters on roads
with speed limits over 35 mph, and on those with higher speed limits if being ridden in a separate
bike lane.
Parking Penalties & Vehicle Removals Get Added Driver Protections
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Lawmakers added protections for California drivers in regard to late fees for parking penalties, unfair
towing practices and unwarranted vehicle removals.
Parking Penalties: The Department of Motor Vehicles will collect unpaid parking citations and
late fees for agencies when it collects a vehicle’s registration. Under Assembly Bill 2544,
agencies are now required to provide drivers with a payment plan option and waive late fees for
indigent drivers before sending itemized unpaid parking penalties to the DMV.
Warrantless Removals: Assembly Bill 2876 provides that warrantless vehicle removals must
be reasonable under the Fourth Amendment. Warrantless removals based on community
caretaking are only reasonable if, for example, it is done to ensure the safe fow of tr affc or
protect a property from theft or vandalism. “Reasonable” was not further defned b y the law.
Towing Practices: Insurance trade groups, consumer advocates and tow truck associations
supported Assembly Bill 2392 to combat abusive towing industry practices. The law requires
companies (including repair garages and service stations) to only charge “reasonable” towing and
storing fees and calls for their facilities be open and accessible during business hours.
Increased Department Accountability on Fire Safety Inspections
When the Ghost Ship Fire ripped through an Oakland warehouse killing 36 people in December
2016, there were no fr e alarms, sprinklers or emergency or exit lighting. Three months later, a fr e
at an Oakland halfway house claimed four lives and sent some 100 residents feeing f or their safety.
Safety and building violations existed in both structures that witnesses say went unchecked for
years.
A Bay Area News Group investigation in June 2018 revealed that many of the region’s major fr e
departments were months — even years — behind on their annual safety inspections of schools and
apartments. In response, Senate Bill 1205 was introduced to increase accountability.
The law requires every city, county and district fr e department to annually report their compliance
with state safety inspections of schools, apartments, hotels, motels and other lodging houses.
New Rules for Enhanced Infrastructure Financing Districts
Enhanced infrastructure fnancing districts tak e on development projects for public facilities,
affordable housing and economic revitalization with funding from voter-approved bonds. Under the
Neighborhood Inf ll Finance and Transit Improvements Act, agencies can allocate tax revenues to an
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EIFD.
Senate Bill 961 enacts the Second Neighborhood Inf ll Finance and Transit Improvements Act.
It follows provisions of the original act, provided the area fnanced is within a hal f mile of a major
transit stop, and the issuance of bonds does not require voter approval. The act requires EIFD’s to
follow certain notice, protest and election proceedings when adopting the fnancing plan.
Prior to Senate Bill 1145, governing bodies could establish an EIFD to fnance capi tal facilities
and certain community projects. Bonds to fund this work could be issue if 55 percent of voters
approved. The law allows public agencies to fnance ongoing and capi talized costs to maintain
capital facilities, but prohibits the use of bond money to fnance maintenance of an y kind.
Easing the Effects of Past Cannabis Convictions
When California voters approved Proposition 64 in 2016 legalizing the recreational use of marijuana,
they also voted to eliminate several cannabis-related crimes.
The proposition applied retroactively to past convictions, but until the passage of Assembly Bill
1793, people convicted of possessing, processing, purchasing or transporting cannabis had few
guidelines or mechanisms in place for expunging their record or having previous convictions reduced
to misdemeanors.
Now, by July 1, the California Department of Justice must review the State’s criminal history
database to identify cannabis convictions that are potentially eligible for dismissal, recall, sealing or
redesignation. State prosecutors will then have one year to review all cases and decide whether to
challenge the change.
If there is no challenge by July 2, 2020, courts must reduce or dismiss the conviction. Additionally,
the state DOJ will have 30 days of a conviction modifcation to change an individual’ s status in its
database.
Local Government Omnibus Act Eliminates Redundancies in Statutes (Senate Bill 1498)
The state Legislature also compiled several minor, local government-related bills into a single
omnibus bill. While many included changes are non-substantive technical updates, there are new
rules that will allow cities and other local agencies to more effciently and ef fectively communicate
with constituents.
The Mello-Roos Community Facilities Act of 1982 requires agencies to report information on
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community facilities districts’ bonds and expenditures to the State and to display this information
prominently on their websites. Agencies can now link to the information on the Treasurer’s
website.
Similarly, when forming an EIFD, cities are required to mail information about the proposed
district to affected landowners. Cities can now mail a single-page notice that provides information
regarding the website, where the full documents are available.
A redundancy in the process for forming a property and business improvement district was
removed. Cities are no longer required to adopt a second formation resolution.
This piece touches on a small portion of the laws California legislators passed in 2018 that impact
public agencies. Also running this week, part two of this series will cover laws affecting housing and
land use, building standards, public contracts and the environment.
Best Best & Krieger LLP focuses on environmental, municipal, special districts, employee
beneft s and telecommunications law for public agency clients. With more than 200
attorneys, the law frm has 10 offces nat ionwide, including Los Angeles, Irvine,
Riverside and Sacramento. For more information, visit www.bbklaw.com.
Comments0 comments
New Regulations, Big Impacts Part II: Housing and Land Use | PublicCEO
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New Regulations, Big Impacts Part II: Housing and Land Use
POSTED BY : PUBLICCEO FEBRUARY 27, 2019
New California Laws Address Housing Shortages, EnsureSafety and Prohibit Discrimination are Now EffectiveBy Best Best & Krieger LLP
As we explored in Part I of this three-part series, California lawmakers passed a wave of new laws in
2018 that will signifcantly impact how publ ic agencies do business.
LOCAL GOVERNMENT
New Regulations, Big Impacts Part II: Housing and Land Use | PublicCEO
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In Part II, we take a look at the numerous new laws that local leaders should be aware of that deal
with affordable housing and housing discrimination, building inspections and safety violations, and
disability access requirements.
Here is a look at these laws, most of which went into effect Jan. 1. Check back Thursday for Part III
on new water and environmental laws impacting public agencies.
Affordable Housing, Density Bonuses Among Housing and Land Use Updates
Assembly Bill 829 supports the construction of affordable housing by denying state funding,
tax credits and state-administered federal tax credits to any city that requires a local offcial to sign
a “letter of acknowledgement” or similar document before applying for state assistance.
Assembly Bill 1771 and Senate Bill 828 impose new regulations regarding the preparation of
regional housing need allocation plans. These bills require an RHNA to include an objective to
increase access to areas of high opportunity for lower-income residents, and also cover several
other new regulations.
Assembly Bill 2238 ensures cities that experience a devastating loss of housing stock due to a
fr e or another declared emergency are not unfairly penalized for failing to meet regional housing
needs. Local governments will now include lost units in housing need computations.
Assembly Bill 2372 authorizes a city or county to develop a procedure (by ordinance) to grant
a developer, upon request, a foor ar ea ratio bonus in lieu of a density bonus, and prohibits an
entity from imposing parking requirements on eligible housing developments in excess of stated
ratios.
Assembly Bill 2797 requires density bonuses and other incentives, to which an applicant is
entitled under the Density Bonus Law, be permitted in a manner that is consistent with that law
and the California Coastal Act.
Senate Bill 1227 requires local governments to grant density bonuses to developers building
housing where all units will be used by full-time college students. Developers must enter into an
agreement with a higher learning institution, ensuring that at least 20 percent of the total units are
for lower-income students and priority is given to students experiencing homelessness.
Identifying Hazards, Addressing the Housing Shortage
Through the following measures, state lawmakers moved to further streamline the approval process
for multifamily housing developments and identify the natural hazards communities face. They also
provided new requirements for charter cities regarding planning and zoning.
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Senate Bill 46 enhances the safety and well-being of mobile home park residents by extending
the Mobilehome Park Maintenance inspection program — requiring the Department of Housing and
Community Development or a local enforcement agency to proactively inspect parks with
complaints of health and safety violations — from Jan. 1, 2019 to Jan. 1, 2024.
Senate Bill 765 makes several technical changes to a 2017 law that implemented a streamlined
ministerial approval process for multi-family housing developers in communities that identifed a
housing shortage. The law addresses requirements for: (1) When a qualifying development is
subject to a minimum percentage of below-market rate housing, (2) The timing of the recording of
affordability covenants, (3) The applicability of objective subdivision standards in the local
subdivision ordinance, (4) CEQA streamlining, and (5) parking standards. The law also makes
actions taken by the local government to lease, convey or encumber land owned by the locality for
a shelter, during a declared shelter crisis, exempt under CEQA.
Senate Bill 1035, under the Planning and Zoning Law, requires each city and county to identify
new information on fr e and food hazar ds, as well as climate adaptation along with applicable
resiliency strategies in its safety element. These must be reviewed and revised every three years.
Senate Bill 1333 applies various provisions of the Planning and Zoning Law to charter cities.
This includes: General plans, specifc plans and the adoption and r eview of housing elements.
Provisions of the law regarding ordinances, regional housing needs, mobile home parks and certain
development agreements now also apply to charter cities.
Added Protections Against Housing Discrimination
Since its adoption during the civil rights movement, the federal Fair Housing Act has required the
Department of Housing and Urban Development to affrmativ ely further its goal of prohibiting
housing discrimination based on race, religion, sex, familial status and disability.
To defne what it means to “affrmativ ely further fair housing,” the Obama administration adopted a
regulation requiring local governments receiving HUD funds to assess the fair housing in their
jurisdictions. This requirement was suspended by the current administration, pending potential
changes and public comments.
California lawmakers adopted Assembly Bill 686 to replicate the now-suspended federal rule.
AB 686 requires public agencies to administer housing and community development programs and
activities in a manner that “affrmativ ely” furthers fair housing and prohibits agencies from taking
action that is materially inconsistent with this intent.
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“Affrmativ ely furthering fair housing” is defned as: Taking meaningful actions that — in addition to
combating discrimination — overcome patterns of segregation and foster inclusive communities free
from barriers that restrict access to opportunity based on protected characteristics.
As with other recent housing-related laws, AB 686 uses local housing elements to implement its
policy goals. Housing elements updated after Jan. 1, 2021 will have to incorporate an assessment of
fair housing or an analysis of impediments to fair housing.
Lawmakers Implement Building Code and Permit Changes
From requiring increased inspections to raising fnes f or building and safety code violations, state
lawmakers passed laws aimed to address safety issues and building permit discrepancies.
Building and Safety Code Violations: Assembly Bill 2598 provides cities and counties with
more teeth to enforce local building and safety codes. The fnes local go vernments can assess to
violators increases to $130 for a frst violation, $700 f or a second violation of the same ordinance
and $1,300 for each additional violation within a year of the frst. The la w does have a hardship
waiver under which fnes can be r educed if payment in full imposes an undue fnancial bur den.
Building Permit Expiration: The validity of a building permit is extended under Assembly
Bill 2913 from six months after its issuance to a year, so long as the work was not abandoned. It
also allows for extensions of 180 days to be granted for a justifable cause.
Deck and Balcony Inspections: In response to the Berkeley balcony collapse in 2015 that
caused the death of several students, Senate Bill 721 provides inspection requirements for decks
and balconies for three or more multi-family units and establishes reporting and repair
requirements. An initial inspection must be completed by Jan.1, 2025 and repeated every six
years.
Live/Work Units: What began as an effort to develop live/work units that artists could use as a
workshop and residence, Assembly Bill 565 became a simple directive for HCD to develop
building standards that clarify the requirements for constructing live/work units by the next
triennial edition of the California Building Standards Code.
Retroactive Building Permits: Senate Bill 1226 requires HCD to propose the adoption of a
building standard authorizing a local enforcement offcial to determine the date of construction of a
residential unit, apply the appropriate building standard in effect on the date of construction, and
issue a retroactive building permit for that unit, where a record does not exist.
Educating Businesses on Disability Access Requirements
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To educate and encourage businesses to proactively comply with construction-related accessibility
requirements before undertaking property improvements, California cities and counties must provide
informational notices regarding disability access requirements to anyone applying for a business
license.
Assembly Bill 3002 also requires that these notices be given to individuals applying for building
permits for commercial properties or a “place of public accommodation” that the general public may
use.
Changes Made to Public Contracts, Maps & Development Fees
Here are a few additional laws that will impact how public agencies handle development projects:
Disabled Veteran Businesses: The Public Contract Code authorizes local agencies to grant a 5
percent preference to small businesses in the award of construction, goods and services contracts.
Under Assembly Bill 2762, this preference is extended to 7 percent, with a cap of $150,000. For
local agencies within Los Angeles County and certain Bay Area counties, an additional 7 percent
preference for disabled veteran businesses or social enterprises is permitted.
Mitigation Fee Act: If an agency requires a fee payment pursuant to the Mitigation Fee Act for
development project approvals, under Senate Bill 1202, it must deposit the fee in a separate
capital facilities account/fund and must expend the fees only for the purpose they were collected.
Subdivision Map Expiration: Assembly Bill 2973 authorizes a legislative body to extend a
tentative map, vesting tentative map or parcel map by 24 months, if it was approved between Jan.
1, 2006 and July 11, 2013, is within a county that meets certain criteria and whose expiration date
was previously extended and has not expired by the effective date of this measure.
Best Best & Krieger LLP focuses on environmental, municipal, special districts, employee
beneft s and telecommunications law for public agency clients. With more than 200
attorneys, the law frm has 10 offces nat ionwide, including Los Angeles, Irvine,
Riverside and Sacramento. For more information, visit www.bbklaw.com.
Commentscomments
Immigrant detainees treated like prisoners in California, Attorney General report says – Orange County Register
https://www.ocregister.com/2019/02/26/attorney-general-report-says-immigrant-detainees-treated-like-prisoners-in-california/[2/27/2019 4:38:52 PM]
By ROXANA KOPETMAN | [email protected]
| Orange County RegisterPUBLISHED: February 26, 2019 at 1:37 pm | UPDATED:February 27, 2019 at 4:35 pm
Neon-colored jail clothes signifies immigration inmates at the TheoLacy Facility in Orange. (Photo by Mindy Schauer, Orange CountyRegister/SCNG)
NEWSCALIFORNIA NEWS
Immigrant detainees treated like prisoners inCalifornia, Attorney General report saysReport finds range of conditions, but many lack access to lawyers, family,adequate medical care
Immigrant detainees treated like prisoners in California, Attorney General report says – Orange County Register
https://www.ocregister.com/2019/02/26/attorney-general-report-says-immigrant-detainees-treated-like-prisoners-in-california/[2/27/2019 4:38:52 PM]
Immigrants held in California detention centersoften are moved far from their families, giveninadequate access to medical care or lawyers, andkept in their cells up to 22 hours a day.
Those were some of the findings in a 147-pagereport issued Tuesday by the California AttorneyGeneral, the first to be issued as part of a 2017state law that calls for regular reporting on howimmigrant detainees are treated in California.
Though the report found conditions vary amongthe state’s detention centers – with some placesdescribed as providing decent food, for example,while others were cited for food-related healthviolations – a common theme is that detainees aretreated like prisoners even as they await their dayin court and are not in the facilities as a result ofcriminal convictions.
The goal of the report – which faced legalopposition from the federal government and lack ofcooperation in some instances from ICE – was to“shine a light on how (detention) facilities areoperated and the conditions under which theymaintain their detainees,” said California AttorneyGeneral Xavier Becerra.
Officials visited 10 facilities, including the AdelantoICE Processing Center in San Bernardino, mostlyin one-day inspections. But officials alsoconducted more in-depth investigations at three ofthe publicly-operated facilities, including the TheoLacy Facility operated by the Orange CountySheriff’s Department, which state officials said was“very cooperative” in the review. Three facilitiesthat were inspected for the report don’t currently
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Immigrant detainees treated like prisoners in California, Attorney General report says – Orange County Register
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hold immigrant detainees, state officials said.
During the past three years, California has housedsome 74,000 immigrant detainees, ranging in agefrom 13 to 95. Though most of the detainees arefrom Mexico and other Latin American countries,the population includes people from more than 150countries.
In Orange County, immigrants are housed both atTheo Lacy and at the James A. Musick Facility andare overseen by the Orange County Sheriff’sDepartment. ICE pays Orange County $118 perbed per day for use of up to 958 detainee beds.
Theo Lacy was described as providing “a highlyrestrictive environment” for detainees. Its use ofdisciplinary segregation for minor offenses “isalarming,” the report stated. Its medical care“generally ensures the safety of immigrationdetainees, but mental health resources arestretched thin.”
One of the areas officials inspected was thekitchen and its pantries. In 2017, federal inspectorsfound that Theo Lacy detainees were servedspoiled lunch meats, forced to use dirty showersand subjected to other unsafe conditions. TheOrange County Sheriff’s Department, which runsthe facility, said at the time that concerns raised inthe report had been addressed.
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Immigrant detainees treated like prisoners in California, Attorney General report says – Orange County Register
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The latest report found that the kitchen and foodstorage areas were clean and food packages wereappropriately dated. The menu is pork-free to allowfor Kosher and Halal diets. Detainees, however,“widely complained that the food wasunappetizing, especially the processed turkeyslices served every day for lunch.”
The new report also found ongoing tensionbetween detainees and staff. While somedetainees said they were treated with respect,most of those interviewed “described the deputiesas, at best, disrespectful and at worst, abusive.”
That feeling, the report said, isn’t lost on thedeputies and others who run the centers.
“Many facility staff interviewed were aware of acommon complaint by detainees, namely that theyare treated like ‘inmates,’ even though theirdetention is not justified as punishment for acriminal conviction or pending trial on criminalcharges,” the report states.
Christina Fialho, co-founder of Freedom forImmigrants, lauded the report, saying: “What’shappening to detained individuals in Californiamirrors our immigration detention system as awhole.
“The report confirms and reinforces what we havedocumented — that California immigrant jails andprisons are rife with abuse and have led to a toxicculture of impunity fueled by taxpayer money at
Immigrant detainees treated like prisoners in California, Attorney General report says – Orange County Register
https://www.ocregister.com/2019/02/26/attorney-general-report-says-immigrant-detainees-treated-like-prisoners-in-california/[2/27/2019 4:38:52 PM]
the expense of thousands of lives,” Fialho wrote inan e-mail.
Meanwhile, California State Auditor Elaine Howlealso issued a detainee-centered report, also onTuesday, looking at city and county contracts withthe the U.S. Immigration and CustomsEnforcement to house immigrant detainees. That65-page report criticizes local governments forfailing to address “serious health and safetyissues.”
The Auditor’s report found that three cities that hadcontracts with ICE – Adelanto, McFarland andHoltville – provided “little or no oversight” of privateoperators that run the detention centers. TheAuditor’s report also reviewed contracts with fourcounties and found that none ensure that that ICEfully paid the cost of detaining the immigrantsduring the audit period, July 2013 through June2018. Three of the four counties “took someaction,” related to that discrepancy, however,Orange County did not, the report stated.
It cost Orange County $1.7 million more than whatit took in from ICE during the 2017-18 fiscal year –“and it may have had to pay those excess costswith county funds,” Howle wrote in a letter to thegovernor and the state Legislature as part of thereport. Sheriff Don Barnes responded to a draftreport in a Feb. 8 letter, arguing that the $118 perdiem rate “covers all the of the direct cost and themajority of indirect costs.” Those indirect costs,(such as electricity and water,) would happen withor without the ICE detainees.
The two state reports generally echo conditions
Immigrant detainees treated like prisoners in California, Attorney General report says – Orange County Register
https://www.ocregister.com/2019/02/26/attorney-general-report-says-immigrant-detainees-treated-like-prisoners-in-california/[2/27/2019 4:38:52 PM]
California legislators question ICE aboutdetention facilities, including Adelanto
Makeshift nooses among problems foundat San Bernardino County immigrationdetention center struggling with suicideattempts
Immigrant detainees moved to Victorville
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found by federal inspectors who last fall visited theAdelanto facility in San Bernardino. A report fromthat inspection said inspectors found braidedbedsheets tied up as nooses, inadequate medicaland dental care, and improper and overlyrestrictive segregation of detainees. That report,from the Department of Homeland Security Officeof Inspector General, found “serious issuesrelating to safety, detainee rights, and medicalcare that require ICE’s immediate attention.”
In a statement issued Tuesday through a publicrelations firm, the company that owns andoperates the Adelanto facility, GEO Group, Inc.,said the company believes its facilities meet orexceed standards: “We are deeply committed todelivering high-quality, culturally responsiveservices in safe and humane environments.”
The State Auditor recommended the Legislatureconsider new legislation to ensure localgovernments improve their oversight and countiesanalyze their costs and renegotiate contracts tomake sure ICE fully pays for detaining immigrants.
Meanwhile, Becerra said the report from his officeis a first step, with more reviews to come.
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