Belmont Beacon
MONDAY, NOVEMBER 10, 2014 - NOVEMBER 16, 2014
belmontbeacon.com
Midterm elections: Gov. Brown stays in office for 4th record term, Prop 47 passes by jennifer schlueter Last Tuesday, Republicans celebrated their victories across the nation, which gave them control over the state Senate. In California, they were able to deny the Democrats “a two-thirds legislative supermajority that would consign GOP lawmakers to virtual irrelevance in the state Capitol,” according to the Los Angeles Times. Historically, the win of the Republicans over the Senate should not come as a surprise, because for the last three decades, every two-term president’s party lost their majority during midterm elections of the president’s sixth year (Reagan, Bush, Clinton). Despite the Republican’s nationwide wins, California stayed mostly blue. Democratic Governor Jerry Brown defeated his opponent Neel Kashkari with almost 59% to 41%. Brown, who had served as California’s governor already from 1975 to 1983, now enters his record 4th term, which will also be his final one. The LA Times calls him a “both an expert technician, tweaking government to be more efficient and effective, and a big thinker, transforming the state’s infrastructure and combating climate change.” He is determined to push forward the $68 billion bullet train from Los Angeles to San Fran-
DA unhappy with passage of Proposition 47 By TERRY MILLER
ing to the DOJ, about half of the persons on the APPS list are prohibited possessors due to criminal history, about 30% are due to mental health status, and about 20% are due to active restraining orders. Law enforcement agencies have ac-
According to a report from the Los Angeles DA’s office obtained by this newspaper, officials were extremely displeased that voters approved Proposition 47. The changes enacted by this measure are effective immediately. (Cal. Const. Art. 2, sec. 10.) Numerous drug and theft-related crimes that were previously felonies or “wobblers” are now misdemeanors, unless committed by “Prop 47 Ineligible” criminals—namely, 290(c) registrants, and those with a prior for the very serious crimes listed in PC 667(e)(2)(c)(iv)— such as homicide offenses and crimes punishable by death or by life in prison. A high ranking Law Enforcement officer, who preferred to remain anonymous, told Beacon Media this new proposition not only means more crime but the number of people being let out of prison ( who really deserve to be there) could reach 10,000. “Your houses are going to get broken into more often with these lenient laws…” Except as to “Prop 47 Ineligible” individuals, the following are now misdemeanors: • PC459.5—the new misdemeanor crime of “shoplifting” is entering a commercial establishment, during business hours, with the intent to steal, where value does not exceed $950. “Shoplifting” as defined may not be charged as theft or burglary. • PC 473(b)—forgery of checks and related instruments of not more than $950. •PC 476a—NSF checks to-
Please see page 2
Please see page 2
Governor Brown was elected to serve his 4th term- Photo by Terry Miller
cisco, and fight climate change by exploring more renewable energy sources for California, but, he also wants to save the state’s money. “It is a balance between holding my foot on the brake while pushing my other foot on the accelerator. It’s definitely paradoxical,”
the LA Times quotes him. As expected, both of Brown’s Propositions passed with a more than 2 to 1 lead, because Republican and Democratic legislators drafted them together with Please see page 4
Prohibited possessor operation results in 55 guns removed off Long Beach streets According to the California Department of Justice (DOJ), nearly 20,000 Californians possess firearms they are prohibited from having due to criminal convictions, mental illness or being the subject of domestic violence restraining orders. These individuals are in possession of approximately
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39,000 guns, including about 1,670 assault weapons. The DOJ maintains the Armed Prohibited Persons System (APPS), an on-line database that cross-references persons who possess a gun and who, subsequent to possession of that gun, are legally prohibited from possession. Accord-
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DA not happy with passing of Proposition 47 Continued from page 1
taling not more than $950 (unless 3 or more specified priors). • PC § 490.2—grand theft (any form) not more than $950. •PC 496(a)—receiving/ concealing stolen property not more than $950. •PC 666—”wobbler” “petty theft with a prior” applies only to “Prop 47 Ineligible” defendants with specified priors, and certain elder abusers. For all other defendants, petty thefts are misdemeanors, regardless of the number of priors. •H&S 11350—simple possession of heroin, cocaine, listed controlled substances. • H&S 11357(a)—simple possession of concentrated cannabis. •H&S 11377—simple possession of methamphetamine, ecstasy, GHB, listed substances. In addition to these reductions, Prop 47 also enacted new PC 1170.18, which sets forth procedures for those previously convicted and sentenced for a felony that is now a misdemeanor under this proposition to petition for resentencing under the misdemeanor provisions. Unless a court determines that the person poses an “unreasonable risk” of committing one of the crimes listed in PC 667(e)(2)(c)(iv), the petitioner will get resentenced, and his/her conviction will be deemed a misdemeanor for
all purposes, except possessing firearms. The provisions of “Marsy’s Law” will apply to the resentencing. Whereas many of the previous felonies carried 3-year statutes of limitation and resulted in arrests, bookings, higher bail, in-custody filing deadlines, DA prosecution, preliminary hearings and felony sentences, the new misdemeanor classifications will generally mean 1-year statutes of limitation, citation and release per PC 853.6, city attorney prosecution in some jurisdictions, shorter trial deadlines, and lighter maximum sentences. In those cases where a loss above $950 makes the crime a felony, value will need to be established and included in crime and arrest reports, and must be pled and proved at prelim and trial, and included in the factual basis for a guilty plea. Officers should especially remember to obtain evidence of value from victims (or other sources) in cases where amount of loss was not previously relevant, such as theft of firearms and vehicles, and thefts from the person. Proposition 47 reduced specified offenses to misdemeanors, created a new “shoplifting” crime, and allows resentencing of certain convicted felons as misdemeanants.
Free lip reading classes Monday and Wednesday free Lip Reading classes are offered in November through the Hearing Loss Association of America Long Beach/ Lakewood Chapter at Weingart Senior Center, 5220 Oliva Avenue, Lakewood, CA. November dates on Mondays are: November 10 and 17 from 10 a.m.-noon. On Wednesday are: November 12, 19, and 26
from 9:30-11:30 a.m. The class meets Monday and Wednesday all year except July, August, and Christmas to New Years. Beginning lessons are repeated each January but beginners are welcome at any time. The Wednesday class is the “teaching” class. For more information, call 562-438-0597 or ww.hlalongbeachlakewood. org.
Prohibited possessor operation Continued from page 1
cess to the APPS and are able to identify persons who are prohibited from possessing a gun, and have the legal authority to confiscate those guns. In September 2013, the Long Beach City Council recognized the need to reinforce the Police Department’s efforts in utilizing the APPS to track and confiscate firearms in the hands of prohibited possessors within the City of Long Beach, and provided discretionary funding (as part of the Fiscal Year 2014 Budget) to support an operation to get these weapons off the street. In April 2014, the Prohibited Possessor Operation was implemented and the department assigned two full time detectives, with the support of the Gang Unit, to the operation. Detectives were provided with specialized training for proper investigation and filing of prohibited possessor cases, as well as necessary equipment to effectively conduct the investigations. Detectives analyzed the APPS and compared it to the list of gun owners registered through The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). These detectives worked diligently, combing through the APPS to identify persons living within the city who were prohibited from owning firearms, yet still documented as being in possession of those firearms. The detectives worked closely with
the California DOJ, the ATF, and the Los Angeles County Probation Department in a collaborative effort to locate and remove these firearms from potentially dangerous individuals. This operation involved extensive and time-consuming investigations on the part of detectives, including the service of 10 search warrants, 86 probation searches and assisted with 42 DOJ searches. The operation concluded on September 31, 2014, yielding significant results as follows: • 30 arrests: 26 felony and 4 misdemeanor (Arrests were made on charges related to firearms, narcotics, parole and probation violations) •55 Firearms Recovered (42 handguns, 6 assault Rifles, 4 shotguns, 3 rifles) The department would like to thank the Long Beach City Council for providing the funds to help our efforts in keeping Long Beach safe! The department is proud of the hard work and dedication of the detectives who made these results possible. If you know anyone who may be in possession of a prohibited firearm, please contact the Long Beach Police Department Gang Enforcement Section at (562) 570-7370. Anonymous tips may be submitted by calling 1-800-222-TIPS (8477), texting TIPLA plus your tip to CRIMES (274637), or visiting www.lacrimestoppers.org.
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Physical fitness test proves that California students are becoming more fit State Superintendent of Public Instruction Tom Torlakson announced that the percentage of students who met the Healthy Fitness Zone performance standards in all six areas continued to climb this year, according to the results of the 2013‒14 Physical Fitness Test. “It’s encouraging to see our students becoming more fit and healthy,” said Torlakson. “Students have to be healthy and alert to succeed in the classroom, in college, and in their careers, but also to lead a more fulfilling life. That’s why it is so important that all of us— teachers, parents and community leaders—teach our children the importance of eating right, and exercising regularly and following healthy lifestyles ourselves so we can serve as role models.” More than 1.3 million fifth, seventh, and ninth graders took the FITNESSGRAM® during the 2013‒14 school year — a series of six separate tests that measure aerobic capacity, body composition, abdominal strength, trunk extensor strength, upper body strength, and flexibility. In all three grades the percentage of students who performed all six tests at the highest level increased compared to the last two years. Overall, about 26.6 percent of fifth graders, 33 percent of seventh graders, and 38.1 percent of ninth graders scored at the highest levels, called the Healthy Fitness Zone (HFZ). This represents levels of fitness that offer protection against diseases resulting from sedentary living. Torlakson, an avid runner and former high school cross country and track coach, demonstrated his commitment to fitness by launching a Team California for Healthy Kids initiative shortly after taking office. The initiative brings together educators, community leaders, athletes, and other celebrities to help schools offer
healthy choices to students. Students also improved in Aerobic Capacity, one of the six areas assessed annually and is considered among the most important gauges of health (Table 2). Aerobic Capacity is the ability to perform large muscle, high-intensity exercise for prolonged periods. Please note that the HFZ performance standards for the Body Mass Index (BMI), one of the three body composition test options under Body Composition, were updated for the 2013‒14 fitness assessment period. Thus, current Body Composition scores cannot be compared to previous years. This is the 15th year for
reporting physical fitness test results in California public schools. The program was first authorized in 1976 and reestablished in 1995 by Assembly Bill 265. The following year, the State Board of Education designated FITNESSGRAM® as the required physical fitness test to be administered to students in grades five, seven, and nine. The 2013–14 physical fitness results for schools, school districts, counties, and the state are available on the California Department of Education (CDE) Physical Fitness Test Results Web page. More information is also available on the CDE Physical Fitness Test Web page.
Long Beach Office 3780 Kilroy Airport Way Suite 360 Long Beach, CA 90806 Ph. (562) 472-0071 Fx. (562) 689-0071 Los Angeles Office 5701 South Eastern Avenue Suite 100 Los Angeles, CA 90040 Ph. (323) 727-1144 Fx. (323) 727-9198 www.heger-industrial.com Lic. #00814086
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Firefighters offer a hand up when disaster strikes As first responders, firefighters are called upon to provide comfort for families on the worst day of their lives. Now, firefighters from Long Beach and several other Southern California communities will be able to immediately help fire and disaster victims take the first small step to healing. Supplying Aid to Victims of Emergency (SAVE) lets firefighters provide on-the-spot aid to families and individuals who suffer substantial property loss in a fire, earthquake or other disaster. The program was launched in Long Beach on Wednesday. Created and funded by the nonprofit California Fire Foundation, SAVE provides fire departments with Mastercard value cards that can be activated at the scene so victims and their families can get a hot meal, buy
some clothes or maybe find a place to stay the night. “The SAVE program is a great way to support our residents when they are most vulnerable,” Mayor Robert Garcia said. “I’m proud of the work our Fire Department is doing to help families in their time of need.” “When someone loses their home in a fire or disaster, they often don’t know where to turn,” said Mike DuRee, Long Beach Fire Chief. “As first responders, we’re in a unique position to offer a little extra ‘arm around the shoulder’ to help victims get through a very tough time.” Long Beach Fire Department, is among 30 fire departments statewide that have joined the SAVE partnership. Battalion chiefs carry the $100 Mastercard SAVE cards on residential fire and disaster calls, and if occu-
pancy loss from a fire or emergency is 25 percent or more of total value, a SAVE card can be activated right at the scene. “We’ve all been in those situations where a family is standing outside while the life they knew goes up in flames before their eyes,” said Brad Dover, President of Monrovia Firefighters, Local 2415. “We can’t restore all they’ve loss, but a SAVE card can help them through those first difficult 24 hours, and maybe help them feel a little less lost and alone.” SAVE is largely funded by donations to the California Fire Foundation, a 501(c)(3) non-profit foundation dedicated to supporting fallen firefighter families and their communities. Most of the donations to the Foundation come from California firefighters themselves. Additional support comes
from a grant from Chevron. No taxpayer dollars are spent. “Firefighters do what we do because of a desire to serve,” said Lou Paulson, chair of the California Fire Foundation and a retired Contra Costa firefighter. “By offering SAVE cards to those who have lost so much, firefighters are able to continue providing comfort and support after the fire is out.” The California Fire Foundation is a 501(c)(3) non-profit foundation dedicated to providing comfort and support to fallen firefighter families and the communities they protect. The Foundation continues to raise funds and seek additional sponsorships to bring SAVE cards to more communities and, eventually, increase the face value of the cards. For more information, visit www.cafirefoundation.org.
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the governor. Proposition 1, a bill designed to prepare for and help California through droughts by building water dams and reservoirs, will also fund protection, cleanup, and recycling of the state’s water sources. “California voters get it,” Ann Notthoff, the Natural Resources Defense Council Director of California Advocacy, said in a statement, according to the Mercury News. “We need to act now to protect what precious little water we have and
make smart investments to protect our water future.” Opponent Bill Jennings, executive director of the California Sportfishing Protection Alliance, was also quoted in the paper: “Prop. 1 did not change any of these stubborn facts: The Delta has been overpumped for decades, and this cannot be sustained, and our salmon and other fisheries are on the verge of collapse. The one thing that must be done if we’re going to stabilize the state’s water policies: Balance
water rights claims to actual water supplies.” Proposition 2 will make the state save money by help of a “rainy day fund,” which will stabilize the state’s budget by paying old debts and putting more restrictions on politicians before using its money. The Mercury News quoted a statement of Phillip Ung, California Forward Action Fund campaign manager for Yes on Proposition 2: “Californians save money and pay down debt every day. Tonight, by passing Proposition 2, voters told their government to do the same. This is an important step toward ending California’s ruinous boom and bust budgeting.” Opponents say this money should rather be used to improve California’s public schools. California’s current incumbent of the State Superintendent of Public Instruction Tom Torlakson defeated his challenger and fellow Democrat Marshall Tuck with a tight 52% to 48%. “Sixteen months ago we set out on this journey to do one thing: put children first and ensure that every child has equal access to a quality education,”
Tuck said in a statement, according to the LA Times. “And despite yesterday’s loss, I couldn’t be prouder of the unique coalition of parents, community leaders, teachers, Democrats, Republicans and independents we built along the way. Together we proved that in California there is a growing call for change.” Torlakson told the paper: “I congratulate my opponent for running a strong campaign. And while I disagree with him in many respects -- I believe he truly wants California’s children to succeed -- and I wish him well.” Another important decision for California was the approval of Proposition 47, which will release previously convicted felons, because their minor crimes such as theft under $950 and drug-related offenses are now reclassified as misdemeanors. Also, offenders of such crimes will from now on go to jail instead of prison. An article on the “FiveThirtyEight” website mentions states that have passed similar laws like this have saved money since the passing of related bills, and most of their crime rates have decreased.