SF News

Passengers Facing Up To 1 Hour Delays For Arriving Flights

Passengers flying to and from San Francisco International Airport can expect some delays until early this afternoon, an airport duty manager said.

A weather-related ground delay program is in effect at the airport until 1 p.m., duty manager Larry Mares said.

Delays for arriving short-haul flights are between 30 minutes and an hour, he said.

The delayed arriving flights are pushing back some departure times, he said. There have also been a few canceled Southwest Airlines flights this morning, he said.

 

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Joint Vigil Being Held Saturday By Families Of Five Men Who Went Missing In SF

Five families whose young adult sons have gone missing in San Francisco over the past few years are holding a joint vigil in the city's Golden Gate Park this weekend to call attention to the cases.

The families of Sean Sidi, 19, Crishtian Hughes, 20, Shawn Dickerson, 24, Cameron Remmer, 31, and Jackson Miller, 23, are all gathering at the park's Music Concourse for the vigil at 2 p.m. Saturday.

Lynn Ching, the mother of Sidi, said the vigil is meant to raise awareness about the five cases and highlight the struggles the families face in getting assistance from law enforcement.

Ching said cases involving missing men often get less attention -- from both police and the public -- than cases involving missing women.

"Most of them, people don't know they're missing," she said.

Ching said another problem many families face is that if the missing person lived outside San Francisco, their case will be sent to the law enforcement agency with jurisdiction over that residence, even if it's thousands of miles away.

"It leaves the families in a bind," she said.

Ching's son Sidi went missing this past May, while Hughes went missing in February, Dickerson went missing in December 2011, Remmer went missing in October 2011 and Miller went missing in May 2010.

San Francisco police were not immediately available to comment on the status of the five cases.

 

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Thursday Morning News Roundup

Family Members Sue Police Officers For Shooting

Family members of a Sunnyvale man shot and killed last week by six police officers have hired Oakland civil rights lawyer John Burris who Wednesday described the shooting as "excessive" and "inexcusable."

"The family has a right to be outraged by this," Burris said.

The six law enforcement officers fired about 30 shots at Juan Ruelas, 34, who was hit multiple times in the chest, side and back while unarmed, Burris said.

A volley of about 15 shots was fired at Ruelas while he was in his truck and another 15 after he had exited the vehicle, Burris said.

"The unleashing of 30 shots is excessive," Burris said. "It's like the old John Dillinger and Bonnie and Clyde kind of shootings...It is inexcusable."

Burris said he has an investigator working on the case and a civil suit may result, potentially on the basis that police violated Ruelas' Fourth Amendment rights against unreasonable searches and seizures.

Ruelas died last Wednesday after an undercover drug operation by police in the parking lot of the Hobee's restaurant in Sunnyvale at 800 W. Ahwanee Ave., Sunnyvale Department of Public Safety Capt. Dave Pitts said.

Shortly after 2 p.m., members of the Santa Clara Police Department and the Santa Clara County Sheriff's Office looked on as an undercover officer bought a pound of methamphetamine from Ruelas by the man's pickup truck, Pitts said.

Ruelas threatened the officer, said he had a gun and made a movement the officer interpreted as reaching for a gun and the six officers then opened fire, Pitts said.

The wounded man died later at a hospital, Pitts said. Police did not find a gun on Ruelas or in his truck, he said.

Five Santa Clara police detectives and one sheriff's detective were among those using their firearms, Pitts said.

BART Workers Continue Negotiations For New Contract

As BART workers and management continue their stalemate in negotiations for a new contract, one of the agency's unions Wednesday reiterated their concerns over the safety of its employees.

Officials with Service Employees International Union Local 1021 held a news conference in San Francisco Wednesday to call attention to what they said was BART's refusal to address safety concerns raised by workers as the two sides remain in a 60-day cooling off period.

"We have deep and very potent concerns for the safety of the workers and also the riders," said Josie Mooney, a lead negotiator for SEIU Local 1021, which represents about 1,430 mechanics, custodians and clerical workers at the agency.

Saul Almanza, a safety instructor at BART who has been with the agency for 17 years, said vegetation growing from underneath raised train tracks causes fire dangers, while diseased trees beside tracks pose risks of falling on trains or causing derailments.

Almanza said some underground tunnels have inadequate lighting that is also dangerous for workers and potentially riders who could have to be evacuated off of a train.

He said those two issues have led to worker deaths in 2001 and 2008 and that the union is calling for a small crew to go out along the tracks at night to remove the debris after service has ended for the day.

"We would like to see the district take these demands seriously," he said.

BART spokeswoman Alicia Trost said the agency has responded to union concerns over safety and is including $4.5 million in its budget for fiscal year 2014 as part of a three-year program to replace all tunnel lighting.

Trost said during frequent first responder drills that sometimes occur in BART tunnels, "never has anyone raised a concern over the lighting conditions."

She also said the request for a six-person graveyard shift crew to remove vegetation was unlikely to be granted.

"Why would you remove brush in the middle of the night when it's hard to see?" Trost said.

The proposals by the unions "are really just a way to add staffing," she said. "We've always said they're a deflection from what the real issues at the table are -- their lack of willingness to compromise on wages, benefits and medical expenses."

Almanza said, "It's unfortunate when statements from the district come out saying (concern over safety) is a smokescreen."

John Arantes, BART chapter president for SEIU Local 1021, said the district prefers to pay fines for safety violations or pricey legal fees to fight state safety regulators rather than fund safety upgrades.

"We refuse to drop it until we get it addressed," Arantes said.

"We take it seriously because we have lost lives," he said. "It is very important to us."

SEIU Local 1021 is set to meet with BART officials today to discuss supplemental issues related to the negotiations, while full-scale talks with SEIU and Amalgamated Transit Union Local 1555 will resume next week, Trost said.

Murder Suspects To Be Arraigned 

Two men held in murders committed in San Jose last week were arraigned on homicide charges Wednesday and another murder suspect is set to be arraigned today, according to the Santa Clara County District Attorney's Office.

Andrew Zumini, 27, was arraigned Wednesday afternoon in Superior Court in San Jose on charges of homicide and using a firearm in the killing of his father, Supervising Deputy District Attorney Brian Welch said.

The defendant's father, Anthony Zumini, 46, was gunned down at about 9:40 p.m. Friday in the 900 block of Gilchrist Drive in East San Jose, police spokeswoman Heather Randol said.

Mario Chavez, 40, was charged with murder and using a deadly weapon at his arraignment Wednesday afternoon in the fatal stabbing of Martha Casillas, 39, of San Jose, Welch said.

Casillas, Chavez's domestic partner who had children with him, was found dead Saturday in the 900 block of Dakota Drive in San Jose after police were called to the scene at 10:40 p.m., Randol said.

Zumini faces a maximum sentence of 50 years to life and Chavez a maximum prison term of 26 years to life, Welch said.

The statements of facts in both cases have been sealed, Welch said.

Prosecutors plan to file charges today against Craig Yuhara, 62, in Sunday's homicide of Daniel Winslow, 47, of San Jose, Welch said.

The district attorney's office Wednesday was still finalizing the charging documents for its case against Yuhara, who will likely be arraigned at 1:30 p.m. today in Department 23 at the Hall of Justice in San Jose, Welch said.

Winslow's corpse was lying in a vehicle near San Jose State University's tennis courts in the area of East Humboldt and South 11th streets after university police responded to a call at 9:40 a.m. Sunday, SJSU police Sgt. John Laws said.

Yuhara was arrested Monday on suspicion of homicide and using a firearm in the commission of a felony, Laws said.

Man Dressed As Woman Robs Bank

A man dressed as a woman robbed a Westamerica Bank branch in Benicia Wednesday morning, a police lieutenant said.

Police responded to an alarm activation at the bank, located at 20 Solano Square, at 11:40 a.m., Benicia police Lt. Frank Hartig said. The suspect gave a teller a note informing her of the robbery but did not show a weapon, Hartig said.

The suspect then fled with an undisclosed amount of cash and was last seen running up a hill behind the Chevron gas station at 10 Solano Square, Hartig said.

Police searched the area, and a nearby school was locked down until police determined that the neighborhood was safe, Hartig said.

The suspect is described as a black man about 40 years old, 6 feet tall and 200 pounds. He was wearing a woman's wig, a red-and-white muumuu with white socks and black combat boots, Hartig said.

Ex-Wife Of Serial Killer Testifies Against Former Husband

The ex-wife of convicted serial killer Joseph Naso testified Wednesday morning she believes she was sexually assaulted by two men in a hotel room after Naso put a "knockout drug" in her drink at a San Francisco nightclub in the summer of 1976.

"I totally blacked out and found myself in a different place. I believe I was drugged," 75-year-old Judith Naso said.

She said she was depressed at the time of the assault and had two drinks at the nightclub. The next thing she knew, two men who were wearing clothing were lying on top of her in a bed in a hotel, she said.

She said she saw her husband "watching very intensely" on the side. The two men ran away, she said.

"I was totally fuzzy and confused. I believe they were having sex with me," she said.

Judith Naso said she confronted Naso about it when they got home.

"He said he thought it would cheer me up but it didn't. I felt terrible," she said.

She also said she had a hysterectomy around the time of the assault, and Naso told her he thought having sex with two men would make her feel more attractive.

"I don't think that was the reason. I think he enjoyed it," she said.

The disturbing testimony came during the death penalty phase of the 79-year-old former commercial photographer's trial in Marin County Superior Court.

Naso, who is representing himself with help from advisory counsel Pedro Oliveros, was convicted Aug. 20 of the first-degree strangulation murders of four prostitutes between 1977 and 1994 in Marin, Yuba and Contra Costa counties.

Prosecutors Rosemary Slote and Dori Ahana have also presented testimony about an attempted sexual assault in the late 1970s by Naso of an Oakland woman, Carolyn Kasprik, who was his neighbor, and the murder of a San Francisco woman, Sharieea Patton, 56, in January 1981.

The testimony is intended to inform the jury of aggravating factors that could convince them to recommend the death penalty.

Naso told Judge Andrew Sweet he intends to call two women to testify as mitigation witnesses. One of them, Helen French, has already testified during the main trial about an alleged assault by Naso during a photography session.

"She didn't tell the truth. The photo session was consensual. There was no assault as she claims," Naso said Wednesday morning.

Naso said he will produce photographs from the photo session to show it was consensual and to discredit French as a credible prosecution witness.

Closing arguments are scheduled for Monday, but Naso said his two witnesses were subpoenaed to appear in court Tuesday.

He filed a motion Wednesday to continue the trial beyond Tuesday to accommodate his witnesses. Sweet has not ruled on the motion, but he has told Naso to have his witnesses ready on Friday when the prosecution is expected to rest its case.

Judith Naso testified against Naso during the main trial, but the judge excluded as prejudicial any testimony about the alleged sexual assault in the San Francisco hotel room.

After Naso was convicted, Sweet granted the prosecution's motion to have her testify about it during the penalty phase.

Traffic On Eastern Span Of Bay Bridge Said To Be Faster In The Long Run

Metropolitan Transportation Commission Executive Director Steve Heminger said Wednesday that traffic on the new eastern span of the Bay Bridge continues to be slow but he expects it to be faster in the long run.

In response to a question by San Francisco Supervisor Scott Wiener at Wednesday's Bay Area Toll Authority meeting, Heminger said he thinks the congestion on the new eastern span, which opened on the night of Sept. 2, is only a temporary phenomenon.

Noting that the new span has parallel side-by-side decks that have a more open feeling and provide eastbound drivers with great views of the East Bay hills and the Port of Oakland, Heminger said he thinks people are driving slower because "they gawk."

He said, "Now it's a little too good looking and it's slowing traffic down."

But Heminger said he believes that "over the long run there will be a dramatic improvement in traffic" on the Bay Bridge because the new span has two shoulders in each direction, which means that stalls and accidents won't clog the bridge as often as they did in the past.

In response to a question by Oakland Mayor Jean Quan on another topic, Heminger said the current schedule calls for it to take four years to demolish the old eastern span but he thinks that's "way too long" and he'd like to accelerate the process.

When Quan expressed concern that the long demolition process will delay plans to have the bicycle and pedestrian path on the new eastern span extend all the way to Treasure Island, Heminger said the section of the old span near the island will be demolished in less than two years and the path should be able to connect to the island by March 2015.

The path, which opened on Sept. 3, currently stops about two-thirds of the way across the new eastern span.

Cause Of America's Cup Fire Still Unknown

San Francisco fire investigators have not able to determine the cause of a small blaze that damaged a broadcast booth and bleachers at the America's Cup Village in the city's Marina District early Tuesday, a fire spokeswoman said Wednesday.

The fire was reported at about 3 a.m. Tuesday at the America's Cup site near Marina Boulevard and Fillmore Street, according to fire officials.

Firefighters extinguished the blaze by 3:11 a.m., but not until it caused about $15,000 in damage to the booth and some bleacher seating in front of it, fire department spokeswoman Mindy Talmadge said.

Talmadge said the cause of the fire is undetermined because while there was a lot of electrical equipment in the broadcast booth that may have sparked the flames, arson could not be ruled out because a witness also reported seeing someone in the area at the time of the fire.

The fire did not affect racing in the America's Cup Finals, which continued later Tuesday with Emirates Team New Zealand defeating defending champion Oracle Team USA.

Oracle then used its "postponement card" to delay the second race of the day. The New Zealand team has to win five more races to clinch the America's Cup, while the U.S. team must win 10 more.

Racing will resume this afternoon.

Gun Bill Aproved In State Assembly

A bill authored by Assemblywoman Nancy Skinner, D-Berkeley, that would ban kits that convert guns into assault-type weapons was approved in a state Assembly concurrence vote Wednesday and has been sent to Gov. Jerry Brown.

Assembly Bill 48, which passed by a vote of 43-30, also would make it illegal to buy large-capacity magazines that allow people to fire multiple bullets quickly without reloading.

Skinner said assault weapons are banned under California law but people can get around that by buying a conversion kit that allows them to take a gun cartridge out and put in a high-capacity magazine that turns a gun into an assault-style weapon.

She said those type of weapons were used in mass shootings in Newtown, Conn., Aurora, Colo., and Tucson, Ariz., in recent years.

Skinner said in a statement, "Large capacity magazines have no place on our streets. We have some of the toughest gun control laws in the nation but California's laws are easily undermined by these blatant loopholes."

AB 48 is the third gun control measure authored or co-authored by Skinner to be sent to Brown for his signature. He has until Oct. 13 to sign all three measures.

On Tuesday, an Assembly concurrence vote approved AB 1131, which would extend the time period a person who makes a credible threat of violence is prohibited from owning firearms from six months to five years.

Skinner said at a news conference in Oakland on Monday that she thinks such a ban would prevent tragedies such as a shooting at Oikos University in Oakland in April 2011 in which suspect One Goh is charged with seven counts of murder and three counts of attempted murder for allegedly killing seven people and wounding three others.

A judge suspended legal proceedings against Goh in January and said he's not competent to stand trial after two psychiatrists said he suffers from paranoid schizophrenia.

Last Friday, legislators approved AB 180, which was co-authored by Skinner and Assemblyman Rob Bonta, D-Oakland, which would pre-empt state law and provide Oakland with additional tools to more strictly regulate the registration and licensing of firearms.

Skinner's spokeswoman, Tracy Morales, said Wednesday that Brown, who formerly served as Oakland's mayor, hasn't indicated whether he will sign the gun control bills.

"It's wait and see," Morales said.

A spokesperson for Brown wasn't immediately available for comment Wednesday.

Weather Forecast

Cloudy skies and patchy fog are expected in the Bay Area this morning, becoming partly cloudy later in the day. Highs are likely to reach the 60s to lower 70s, with winds up to 20 mph.

Partly cloudy skies are expected this evening, with patchy fog after midnight. Lows are likely to be in the upper 50s, with westerly winds up to 20 mph.

Cloudy skies and patchy fog are likely Friday morning. Highs are expected to be in the 60s to lower 70s, with westerly winds up to 20 mph.

 

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Weather Forecast For The San Francisco Bay Area

Cloudy skies and patchy fog are expected in the Bay Area this morning, becoming partly cloudy later in the day. Highs are likely to reach the 60s to lower 70s, with winds up to 20 mph.

Partly cloudy skies are expected this evening, with patchy fog after midnight. Lows are likely to be in the upper 50s, with westerly winds up to 20 mph.

Cloudy skies and patchy fog are likely Friday morning. Highs are expected to be in the 60s to lower 70s, with westerly winds up to 20 mph.

 

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McDonald's Manager Suspected In San Mateo, Pleasanton Robberies Pleads Not Guilty

An Oakland man suspected of robbing two McDonald's restaurants in San Mateo and Pleasanton at gunpoint has pleaded not guilty to kidnapping and robbery charges, police and prosecutors said.

Felix Jeronimo Gonzalez-Becerra, 42, is believed to have robbed a McDonald's at Santa Rita Road and Pimlico Drive in Pleasanton at about 3 a.m. on Aug. 28, San Mateo police Sgt. David Norris said.

In that robbery, a man wearing white cloth gloves and a white full-face mask held employees at gunpoint, forced them into a freezer and demanded cash, Pleasanton police Lt. Scott Rohovit said.

Becerra was arrested by San Mateo police on Sept. 2 after allegedly robbing a McDonald's in the Laurelwood Shopping Center at 1234 W. Hillsdale Blvd. around 10:30 p.m. that day, Norris said.

In that case, the robber entered the restaurant and also forced employees into a freezer at gunpoint. He ordered one of the employees to open a safe, and then fled with an undisclosed amount of cash, Norris said.

Police broadcast a description of the robber to nearby law enforcement agencies, and a San Mateo police officer spotted the suspect driving a dark-colored Chrysler PT Cruiser toward the San Mateo-Hayward Bridge, Norris said.

Officers followed the vehicle and pulled over Becerra on Interstate Highway 880 in San Leandro, according to police.

He was arrested and booked into San Mateo County Jail, Norris said.

Pleasanton police investigators later learned Becerra was a manager at the McDonald's he had allegedly robbed in their city, Rohovit said. No one was injured in either robbery, Norris said.

Becerra appeared in San Mateo County Superior Court on Tuesday and pleaded not guilty to three counts of robbery, three counts of kidnapping for the purpose of robbery and three counts of false imprisonment, San Mateo District Attorney Steve Wagstaffe said.

He is being held without bail and is scheduled to return to court on Oct. 9 to set a date for a preliminary hearing.

The Alameda County District Attorney's Office will charge him separately for the Pleasanton crime.

 

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Crews Working Extended Hours On Cesar Roadway Improvements

Construction crews are working extended hours today through Friday to prepare for the repaving of San Francisco's busy Cesar Chavez Street corridor, according to the city's Department of Public Works.

Work is starting at 7 a.m. -- two hours earlier than normal -- on all three days as crews replace damaged sections of the concrete roadway underneath the asphalt surface, SFDPW spokeswoman Rachel Gordon said.

Gordon said the department is notifying the public of the extended work hours because Cesar Chavez Street is heavily used by commuters going onto or coming off of U.S. Highway 101.

She said the base work underneath the roadway will extend the life expectancy of the new paving, which is expected to be finished by Oct. 1.

Sewer upgrades along the corridor, which splits the city's Mission and Bernal Heights neighborhoods, were completed earlier this year.

More information about the project can be found online at www.sfdpw.org/cesarchavez.

 

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Two Men Injured In Early Morning Tenderloin Stabbing

Two men were injured, one critically, in a stabbing in San Francisco's Tenderloin neighborhood early this morning, a police spokeswoman said.

The stabbing was reported around 2 a.m. near Ellis and Leavenworth streets.

The victims were walking to a market when two suspects approached and confronted them, police spokeswoman Sgt. Danielle Newman said.

During the confrontation, one suspect took out a knife and stabbed the men. One of the victims tried to run away but was chased down by the suspects, who continued to stab him multiple times, Newman said.

The suspects, believed to be Hispanic men between 25 and 30 years old, then fled and remained at large as of this morning, she said.

One was described as wearing a baseball cap, a white hooded sweatshirt and dark jeans, and the other wore a vest, white T-shirt and jeans, Newman said.

The victims were taken to San Francisco General Hospital, one with life-threatening injuries, Newman said.

Anyone with information about the stabbing is asked to call the Police Department's anonymous tip line at (415) 575-4444 or send a tip by text message to TIP411 with "SFPD" in the message.

 

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Wednesday Morning News Roundup

Evacuations Lifted As Morgan Fire Is Contained

Evacuations were lifted and outdoor activities resumed Tuesday in parts of Contra Costa County as firefighters worked to quell the Morgan Fire on Mount Diablo.

About 3,243 acres have burned and the wildfire on the slopes of Mount Diablo is 45 percent contained after the fire was first reported around 1:10 p.m. Sunday near Morgan Territory Road, southeast of Clayton.

Two firefighters suffered minor injuries as of Monday and a third minor injury was reported Tuesday.

The third firefighter was an inmate from the California Department of Corrections and Rehabilitation and was airlifted after he suffered heat exhaustion, CDCR officials said.

The Bay Area Air Quality Management District issued a smoke advisory because of the fire on Monday, which remained in effect Tuesday.

An air district spokesman said the advisory would be canceled once the fire was fully contained.

Mandatory evacuations for residents in the area were lifted Tuesday afternoon and most roads have reopened, according to Cal Fire.

More than a dozen agencies are involved in the fire response.

No homes have burned, but a Cal Fire official said that a communication shed that contains electrical equipment was destroyed Sunday night.

Several schools and city agencies in the area canceled outdoor activities, but Tuesday Danville city officials said all sporting leagues and other scheduled events would resume outside.

With lower temperatures and less smoke from the fire, activities were able to resume.

However, city officials advised residents to stay hydrated and aware of smoky conditions that may affect air quality, especially the young, elderly and those with respiratory issues.

Local Prosecutors Do Not Pursue Criminal Charges Against PG&E

Local prosecutors have decided not to pursue criminal charges against PG&E for the 2010 gas pipeline explosion in San Bruno, though the U.S. Attorney's Office has another two years to file a criminal case, an assistant district attorney said Tuesday.

The San Mateo County District Attorney's Office and the state Attorney General on Monday let a three-year deadline expire before filing any criminal charges against PG&E in connection with the Sept. 9, 2010, blast, which caused the deaths of eight people, injured more than 60 others and destroyed 38 Crestmoor Canyon homes.

However, Assistant District Attorney Al Serrato said that local prosecutors were continuing to partner with their federal counterparts in an ongoing criminal investigation, and that PG&E could still be charged.

"Given the scope and complexity of a case like this, it's not uncommon for the federal prosecutors to take the lead," Serrato said. "We've essentially deferred to them."

The U.S. Attorney's Office has five years from the date of the explosion to file a criminal case, he said.

Following a yearlong investigation into the deadly explosion, the National Transportation Safety Board concluded that PG&E failed to detect a faulty weld in the 30-inch natural gas transmission line from the time it was installed in San Bruno in 1956, to the day it exploded in 2010.

The NTSB called PG&E's pipeline safety management program "deficient and ineffective," and said that its emergency response procedures following the explosion and gas-fed fire were "flawed."

On Monday, the utility announced it had settled a total 499 confidential claims associated with the explosion, paying out more than $565 million, PG&E spokeswoman Brittany Chord said.

The California Public Utilities Commission is currently considering a financial penalty against PG&E, which could exceed $2 billion.

Since the San Bruno explosion, PG&E has pledged to overhaul its pipeline safety inspection program throughout its service area, compensate those affected by the disaster and cooperate with any criminal investigation.

"We'll continue to cooperate with the investigation at the federal level," Chord said.

Commissioners Updated On Repair Efforts At Hetch Hetchy

The San Francisco Public Utilities commissioners were updated Tuesday afternoon about the damage and repair efforts at the Hetch Hetchy water and power facilities after the massive "Rim Fire" burned through the Yosemite area.

The fire that started Aug. 17 at the Stanislaus National Forest spread into Yosemite National Park and has charred more than 254,000 acres. It has been 80 percent contained and full containment is not expected until Sep. 20.

It is the third largest fire in California history.

SFPUC deputy general manager Michael Carlin explained at the commission meeting Tuesday afternoon at San Francisco City Hall that only 1 percent of the Hetch Hetchy watershed was affected by the fire.

Since firefighters gained the upper hand, SFPUC crews have been able to access the facilities and assess the damage.

SFPUC general manager Harlan Kelly said Mayor Ed Lee and SFPUC staff took a helicopter ride to see the "devastation" of the fire.

Kelly credited the U.S. Forest Service, local firefighters and other agencies that came together and "helped us through to where we are today."

"We are grateful to all the firefighters on the ground," Carlin said. Some 300 firefighters were based at city-run Camp Mather during the height of the blaze.

The Hetch Hetchy provides water and other services to 2.6 million Bay Area residents.

Two of three hydroelectric powerhouses were initially taken offline during the fire, but the Kirkwood Powerhouse has since been turned back on, while the Holm turbine is still being repaired.

The roof was damaged in the blaze, but no interior equipment was affected, Carlin said. A temporary roof was placed atop the powerhouse. Power service was not affected, but about $900,000 was spent to purchase alternative energy.

He said as many as 400 of 1,200 power poles were burned, and local power service remains down.

Camp Mather is being used as a base for restoration work with generators providing power there, according to Carlin.

Carlin said he was proud to report that there was no disruption to water and power service to Bay Area customers at any point.

Water quality was unaffected with the turbidity, or cloudiness, continuing to fall within state-mandated levels.

Carlin said the fast-moving fire prompted fire crews to drop retardant but to protect the water quality none of the retardant was dropped near the O'Shaugnessy Dam at the reservoir.

Ash has not been an issue for water quality at the surface level or when taken from a depth of 160 feet, Carlin said.

Contingency plans were set in place to provide water from other utility companies and local reserves, however water infrastructure was minimally affected by the blaze, Carlin said.

Tuolumne River Trust Launches Rim Fire Recovery Campaign 

The Tuolumne River Trust, a San Francisco-based nonprofit that works to protect the watershed area near Yosemite National Park, launched the "Rim Fire Recovery Campaign" Tuesday morning.

The campaign is an effort to gather resources, funding, volunteers, local businesses, elected officials and others to help restore the ravished Tuolumne River Watershed where a majority of the wildfire burned.

The Rim Fire began Aug. 17 at Jawbone Ridge in the Stanislaus National Forest and spread into Yosemite National Park. Nearly 255,000 acres burned, including 40 miles along the Tuolumne River, which flows from Yosemite through the Hetch Hetchy Reservoir and into the greater Bay Area.

The river connects with the system that provides water to millions of Bay Area residents.

The fire is now 80 percent contained after destroying more than 100 buildings including 11 homes and the Berkeley Tuolumne Family Camp.

Tuolumne River Trust executive director Eric Wesselman said Tuesday morning at the organization's offices in San Francisco that the average $5 million in recovery funds expected to arrive from the federal government will not be sufficient to restore the area.

The group is working with senators Dianne Feinstein, D-Calif., and Barbara Boxer, D-Calif., to urge the lawmakers to find more support from the state and federal government.

He called funding from the multi-agency federal Burned Area Emergency Response program "woefully inadequate."

Wesselman said the nonprofit is also concerned with the environmental damage, as well as the impact on local businesses and recreational groups that depend on tourism during this time of year.

He estimated it will take years and tens of millions of dollars for the area to be revived.

"This is not a short-term plan," he said.

The group is advocating for revamped forest management practices, such as "fuels reduction" which entails thinning of forests and keeping the area less dense.

The bare soil exposed because of what Wesselman called the "catastrophic fire" will prove dangerous when the rains come this fall.

Part of the campaign will work to gather volunteers to help with immediate repairs, which includes repairing trails and campsites, working on erosion-prone areas, removing debris and dead trees, planting trees and other seeds, among other projects, campaign director Patrick Koepele said.

A community forum is being held tonight in Sonora with the U.S. Forest Service.

He noted that area restoration includes supporting the logging, tourism and environmental industries, such as whitewater rafting companies, timber mills and hotels.

Wesselman said the organization is looking for donations from members of the trust, private businesses and other foundations.

More information about the campaign and a video showing the area around the river before and after the fire is available at tuolumne.org.

Sister Mourns 3rd Anniversary Of Her Brother's Death

As the third anniversary of the shooting death of Adolfo Ignacio Celedon Bravo in Berkeley nears, his sister said Tuesday that she's disappointed that the case hasn't yet been solved and asked for people to provide information on her brother's death.

Alejandra Celedon, Bravo's older sister, who traveled from Chile to Berkeley to observe the sad anniversary, said, "It's disappointing that after three years we don't have any more consistent information and leads about his death."

Celedon said her family "is still confident" in the investigation by Berkeley police but, "We wish to have a solution as soon as we can."

Sept. 12, 2010, was Adolfo Celedon's 35th birthday and he and his fiancée Amber Nelson were planning to get married in the near future. They had met in Chile, where he was from, in February 2008 when Nelson was vacationing there.

Celedon, nicknamed "Fito," moved to Berkeley a short time later while Nelson was completing her dual master's degrees in architecture and landscape architecture.

Nelson said in an interview on the second anniversary of his death last year that on the day of the shooting they had planned to get up early to visit places in the Bay Area that he had never seen because they didn't own a car. She explained that they normally got around by bicycle but she had rented a hybrid car for their sightseeing venture.

But at about 3:41 a.m. that morning, Celedon and Nelson were walking home from a party when two robbers attacked them at the corner of Adeline and Emerson streets, a block away from the Ashby BART station and several blocks from their home.

Berkeley police said that during the robbery, one of the suspects shot Celedon and one of them punched Nelson. Paramedics transported Celedon to a local trauma center, where he was pronounced dead.

Police said the two suspects were described by witnesses as black males between the ages of 25 and 35. They said the suspects fled in what was described as a dark older model sports utility vehicle.

There is a $20,000 reward for information leading to the arrest and conviction of the suspect or suspects responsible for Bravo's murder.

Alejandra Celedon described her brother Tuesday as "a dreamer who thought he could change the world and stop injustice."

Her brother was "a peaceful boy with a beautiful smile and was very friendly," she said.

Celedon said he had worked as an engineer in Chile but then got interested in the theater and "was completely in love with it."

Celedon said she and other family members have only come to Berkeley once a year since her brother's death but have decided "that's not a good strategy" and will come back more often. She said she plans to return in November and her father probably will come then, too.

President Obama Nominates Barbara Lee As A Representative To UN General Assembly

President Barack Obama has nominated U.S. Rep. Barbara Lee, D-Oakland, as a representative to the 68th session of the United Nations General Assembly, Lee's office announced Tuesday.

The session begins later this month and will conclude in December, said Carrie Adams, a spokeswoman for Lee's office.

Lee's current term in the House, which ends and the end of 2014, will not be affected by the nomination, Adams said. Lee has served as a representative for the East Bay since 1998.

"This nomination comes at a time when tensions in our world are at a fever-pitch," Lee said in a statement. "I believe now more than ever that the United States must fully engage the United Nations and the international community to ensure a safer and more peaceful world."

Lee's tenure in the House has been characterized by her anti-war stances, and she recently announced her opposition to the president's plan to pursue military action in Syria in response to allegations of use of chemical weapons by the current Syrian regime.

San Jose City Manager Announces Retirement 

San Jose City Manager Debra Figone Tuesday announced she would retire by the end of the year after serving in the position for the past six years, a city spokesman said.

Figone has worked for the city of San Jose for 34 years, including as assistant city manager, director of general services and acting director of emergency services, according to city communications director David Vossbrink.

In a letter to the San Jose City Council, Figone said she thought it was "the right time for a transition" after the city had rebounded from severe budgetary shortfalls in 2010 and 2011.

"I made a commitment to myself to do the best I could before retiring to help the city achieve fiscal stability and lead our organization to recovery during remarkably challenging times," Figone wrote.

"I think we've made significant progress and I'm confident that we're on the right track," she wrote.

Mayor Chuck Reed will be responsible for nominating a candidate to replace Figone as city manager and presenting that person for appointment to the City Council, Vossbrink said.

The city manager, who reports to the mayor and council, serves as the city's chief administrator, managing the city staff and appointing city department directors and employees, Vossbrink said.

Figone also previously served 10 years as town manager for Los Gatos, Vossbrink said. 

Federal Judge Yet To Rule On Damages For Occupy Cal Demonstrators

A federal judge heard arguments but didn't make a ruling Tuesday on a legal issue in a lawsuit that seeks $15 million in damages for demonstrators who were injured in an "Occupy Cal" protest at the University of California at Berkeley in November 2011.

The activist group By Any Means Necessary and 29 other protesters filed suit on Nov. 29, 2011, accusing the UC Berkeley and other agencies of police brutality, false arrest and violating their free speech rights during protests on Nov. 9, 2011.

The defendants include UC Berkeley, top university administrators, university police, the Alameda County Sheriff's Office and the Oakland Police Department.

U.S. District Court Judge Yvonne Gonzalez Rogers didn't address the merits of the lawsuit Tuesday but instead focused on a motion by UC Berkeley to have former Chancellor Robert Birgeneau and other top administrators dismissed from the suit.

The university's lawyer, Janice Scancarelli, said even if it can be proven that Birgeneau, former Vice Chancellor George Breslauer and other top officials told police to crack down on protesters the issue is "if they knew or should have known that constitutional violations would occur" when police attacked protesters.

Scancarelli said the lawsuit "doesn't link these particular individuals to the injuries" the protesters suffered.

But George Washington, an attorney for the protesters who filed suit, said he believes top administrators "gave orders to police to attack defenseless students."

Washington argued the university's motion is "an attempt to get the top administrators out of the lawsuit and let the cops take the rap."

He said UC Berkeley administrators used an inappropriate "political judgment" in deciding to crack down on an Occupy Cal encampment on Sproul Plaza on Nov. 9, 2011, even though they hadn't removed an encampment at the same place in May 2010.

Washington alleged that university officials were more sympathetic to the May 2010 protest because it opposed Arizona's anti-illegal immigration law but were concerned about the Nov. 9, 2011, protest because it addressed what he described as the more "entrenched and deep-seated" issue of inequality at UC Berkeley.

However, Scancarelli said, "The allegations do not indicate that the chancellor or vice chancellor took action because of anyone's viewpoint" and "any attempt to infer a political intent would not be reasonable."

Scancarelli said UC Berkeley officials wanted to remove the protesters from Sproul Plaza because they were concerned about safety and sanitation problems that had plagued other "Occupy" encampments across the country in the fall of 2011.

Although Gonzalez Rogers took the matter under submission and won't rule until later, she told Washington that the lawsuit doesn't have enough hard facts to back up its allegation that top university officials were aware of the harsh tactics police were using against protesters.

The judge said to Washington, "My main problem with your complaint is that it does much less than your argument."

Gonzalez Rogers said, "What I do not appreciate is all these allegations which are not actually supported by the facts in the complaint."

Weather Forecast

Mostly cloudy skies and patchy fog are expected in the Bay Area this morning, becoming partly cloudy later in the day. Highs are likely to reach the upper 60s, with southwest winds up to 20 mph.

Cloudy skies are expected this evening, with patchy fog after midnight. Lows are likely to be in the upper 50s, with westerly winds up to 20 mph.

Cloudy skies and patchy fog are likely Thursday morning. Highs are expected to be in the 60s to lower 70s, with westerly winds up to 20 mph.

 

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Weather Forecast For The San Francisco Bay Area

Mostly cloudy skies and patchy fog are expected in the Bay Area this morning, becoming partly cloudy later in the day. Highs are likely to reach the upper 60s, with southwest winds up to 20 mph.

Cloudy skies are expected this evening, with patchy fog after midnight. Lows are likely to be in the upper 50s, with westerly winds up to 20 mph.

Cloudy skies and patchy fog are likely Thursday morning. Highs are expected to be in the 60s to lower 70s, with westerly winds up to 20 mph.

 

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Berkeley: Man Who Died In Apartment Fire Was USF Professor

A man who died in an apartment fire in Berkeley early this morning was a longtime professor at the University of San Francisco.

Andrew Goodwin, 56, died in a two-alarm fire that was reported at 1:38 a.m. at an apartment building at 2431 Oregon St., near Telegraph Avenue, Berkeley fire Acting Deputy Chief Avery Webb said.

Responding firefighters learned there might still be someone inside the building, and forced entry to a third-floor unit, where they found Goodwin, Webb said.

Goodwin was transported to Alta Bates Summit Medical Center, where he later died, according to the Alameda County coroner's bureau.

The fire was controlled at 2:08 a.m. Goodwin was one of the founders of USF's media studies department and was a pioneer in the field of media and cultural studies nationwide, USF media studies chair Bernadette Barker-Plummer said.

He taught classes on media theory, popular music and communication, among other topics, Barker-Plummer said.

Goodwin taught a special class on Led Zeppelin and was writing a book on the band, program assistant Lydia Fedulow said.

He had taught at the university for at least 20 years, Fedulow said.

Former student Lindsay Dellas remembered having "great discussions" in his class about various bands and the evolution of music genres and the music industry.

"He was a tough professor and he definitely challenged students, but was inspiring and extremely passionate about his area of study," Dellas wrote in an email.

Goodwin is also known for his book "Dancing in the Distraction Factory: Music Television and Popular Culture," university officials said.

"Andrew was the type of person that put his students first," Fedulow said.

"He was always very concerned about students and making sure they were getting the most of their experience at USF. He was very brilliant. He will be missed a lot by faculty, staff and students."

Goodwin received his Ph.D. from the Birmingham University Center for Cultural Studies in the U.K. He leaves behind an adult son and sister who lives in England, Fedulow said.

 

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Tuesday Midday News Roundup

Man Who died In Apartment Fire Was USF Professor

A man who died in an apartment fire in Berkeley early this morning was a longtime professor at the University of San Francisco.

Andrew Goodwin, 56, died in a two-alarm fire that was reported at 1:38 a.m. at an apartment building at 2431 Oregon St., near Telegraph Avenue, Berkeley fire Acting Deputy Chief Avery Webb said.

Responding firefighters learned there might still be someone inside the building, and forced entry to a third-floor unit, where they found Goodwin, Webb said.

Goodwin was transported to Alta Bates Summit Medical Center, where he later died, according to the Alameda County coroner's bureau.

The fire was controlled at 2:08 a.m. Goodwin was one of the founders of USF's media studies department and was a pioneer in the field of media and cultural studies nationwide, USF media studies chair Bernadette Barker-Plummer said.

He taught classes on media theory, popular music and communication, among other topics, Barker-Plummer said.

Goodwin taught a special class on Led Zeppelin and was writing a book on the band, program assistant Lydia Fedulow said.

He had taught at the university for at least 20 years, Fedulow said.

Former student Lindsay Dellas remembered having "great discussions" in his class about various bands and the evolution of music genres and the music industry.

"He was a tough professor and he definitely challenged students, but was inspiring and extremely passionate about his area of study," Dellas wrote in an email.

Goodwin is also known for his book "Dancing in the Distraction Factory: Music Television and Popular Culture," university officials said.

"Andrew was the type of person that put his students first," Fedulow said. "He was always very concerned about students and making sure they were getting the most of their experience at USF. He was very brilliant. He will be missed a lot by faculty, staff and students."

Goodwin received his Ph.D. from the Birmingham University Center for Cultural Studies in the U.K.

He leaves behind an adult son and sister who lives in England, Fedulow said.

 

Richmond: City Council To Consider Dropping Controversial Mortgage Plan

The Richmond City Council this evening will consider scrapping the city's controversial plan to buy struggling homeowners' underwater mortgages.

Richmond city officials have proposed teaming up with San Francisco investment firm Mortgage Resolution Partners to buy more than 600 city residents' mortgages that are underwater, meaning that the residents owe more money than the home is currently worth.

The city has said it could use its municipal power of eminent domain to force the sale of the mortgages if lenders did not accept the offer.

But an agenda item submitted by Vice Mayor Corky Booze and Councilman Nathaniel Bates for today's 5 p.m. City Council meeting proposes withdrawing the offers to buy the mortgages.

"While most of us are sympathetic to the many citizens who are undergoing financial risk of losing their homes through circumstances related to the mortgage crisis, as responsible elected officials, we must not compromise the integrity and financial ability of this city to operate efficiently," the council members said in the agenda item.

Wells Fargo and Deutsche Bank have filed a lawsuit over the plan, saying the proposed use of eminent domain, which is typically used to purchase private land for public use, is unconstitutional.

The banks say the plan would also harm Richmond in the long run by making it harder for city residents to get approved for mortgage financing.

Two groups on opposing sides of the plan are holding rallies in advance of this evening's meeting.

Proponents of the mortgage plan, including Mayor Gayle McLaughlin, are holding a 4:30 p.m. news conference and rally at City Hall.

The Black American Political Action Committee, which wants the city to scrap the proposal, is holding a separate event nearby at 5 p.m.

Although the meeting begins at 5 p.m., a vote will not take place before 6:30 p.m.

 

Man Critically Injured In Unprovoked Attack In Tenderloin

A 60-year-old man was critically injured when he hit his head on the sidewalk after being punched in San Francisco's Tenderloin neighborhood on Monday night, police said.

The attack, which police said appears to have been unprovoked, was reported at 9:51 p.m. in the first block of Turk Street.

The victim was standing in that block when the suspect rode up to him on a beach cruiser bike, according to police.

The suspect "struck him one time in the chest area with his fist, and it caused the victim to fall backwards and strike his head on the sidewalk," police Sgt. Danielle Newman said.

Officers arrived to find the victim bleeding from life-threatening head wounds, police said.

He was taken to San Francisco General Hospital, where he remained in critical condition this morning.

The suspect, described as a man in his mid- to late 20s, remains at large, Newman said.

Investigators are canvassing the neighborhood looking for potential witnesses and any surveillance video footage of the assault, police said.

Anyone with information on the case is asked to call the Police Department's anonymous tip line at (415) 575-4444 or text a tip to TIP411, with "SFPD" in the message.

 

State, SF Officials Unveil New Smartphone App For Law Enforcement

State Attorney General Kamala Harris and San Francisco city officials unveiled a new smartphone app Monday that will allow law enforcement to access local, state and federal criminal databases and file reports from out in the field.

The JusticeMobile app, developed by the California Department of Justice, will allow authorities to look into criminal backgrounds of possible suspects without having to call or radio in to another member of their department for the information.

"This is going to be transformative for law enforcement in the state," Harris said.

The app was tested over the past five months by more than 600 San Francisco police officers and will soon be rolled out in smartphones being given to all officers in the department, including a recently graduated academy class, police Chief Greg Suhr said.

Suhr said the smartphones also have the technology to allow officers to file reports remotely rather than coming back to a district station, allowing them to be in the field up to 40 percent longer.

"This is going to be the industry standard," he said.

Mayor Ed Lee said the use of new technology could be a factor in the city's recent downtick in violence.

San Francisco has seen 40 percent less homicides and 20 percent less shootings than at the same time last year, he said.

Harris said Los Angeles police will soon be equipping their officers with the smartphone app, while other departments also plan to do so.

She said special Department of Justice agents have already been using the app to check potential gun buyers at firearm shows in California to see if they are on the list of people prohibited from possessing a gun.

The app will employ rigorous security standards including strong password requirements, encryption, limits on downloads and the prohibiting of copying or screen captures, according to the attorney general's office.

San Francisco police had initially tested another pilot program involving the use of tablet computers by field officers, but Suhr said the project was scrapped after it proved to be too costly and without adequate security protections.

 

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Update: Man Critically Injured In Unprovoked Attack In Tenderloin

A 60-year-old man was critically injured when he hit his head on the sidewalk after being punched in San Francisco's Tenderloin neighborhood on Monday night, police said.

The attack, which police said appears to have been unprovoked, was reported at 9:51 p.m. in the first block of Turk Street.

The victim was standing in that block when the suspect rode up to him on a beach cruiser bike, according to police.

The suspect "struck him one time in the chest area with his fist, and it caused the victim to fall backwards and strike his head on the sidewalk," police Sgt. Danielle Newman said.

Officers arrived to find the victim bleeding from life-threatening head wounds, police said. He was taken to San Francisco General Hospital, where he remained in critical condition this morning.

The suspect, described as a man in his mid- to late 20s, remains at large, Newman said.

Investigators are canvassing the neighborhood looking for potential witnesses and any surveillance video footage of the assault, police said.

Anyone with information on the case is asked to call the Police Department's anonymous tip line at (415) 575-4444 or text a tip to TIP411, with "SFPD" in the message.

 

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Man Hits Head On Sidewalk After Being Punched On Turk Street

A 60-year-old man was critically injured when he hit his head on the sidewalk after being punched in San Francisco's Tenderloin neighborhood on Monday night, police said.

The incident was reported at 9:51 p.m. in the first block of Turk Street.

Police said a male suspect punched the victim, causing him to fall and hit his head on the ground. The suspect then fled on a beach cruiser bicycle.

Officers arrived to find the victim bleeding from life-threatening head wounds, police said. He was taken to San Francisco General Hospital. The suspect remained at large this morning.

Anyone with information on the case is asked to call the Police Department's anonymous tip line at (415) 575-4444 or text a tip to TIP411, with "SFPD" in the message.

 

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State Officials Unveil New Smartphone App For Law Enforcement

State Attorney General Kamala Harris and San Francisco officials unveiled a new smartphone app Monday that will allow law enforcement to access local, state and federal criminal databases and file reports from out in the field.

The JusticeMobile app, developed by the California Department of Justice, will allow authorities to look into criminal backgrounds of possible suspects without having to call or radio to another member of their department for the information.

"This is going to be transformative for law enforcement in the state," Harris said.

The app was tested over the past five months by more than 600 San Francisco police officers and will soon be rolled out in smartphones being given to all officers in the department, including a recently graduated academy class, police Chief Greg Suhr said.

Suhr said the smartphones also have the technology to allow officers to file reports remotely rather than coming back to a district station, allowing them to be in the field up to 40 percent longer.

"This is going to be the industry standard," he said.

Mayor Ed Lee said the use of new technology could be a factor in the city's recent downtick in violence. San Francisco has seen 40 percent less homicides and 20 percent less shootings than at the same time last year, he said.

Harris said Los Angeles police will soon be equipping their officers with the smartphone app, while other departments also plan to do so.

She said special Department of Justice agents have already been using the app to check potential gun buyers at firearm shows in California to see if they are on the list of people prohibited from possessing a gun.

The app will employ rigorous security standards including strong password requirements, encryption, limits on downloads and the prohibiting of copying or screen captures, according to the attorney general's office.

San Francisco police had initially tested another pilot program involving the use of tablet computers by field officers, but Suhr said the project was scrapped after it proved to be too costly and without adequate security protections.

 

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Tuesday Morning News Roundup

Fire On Mount Diablo Forces Activities Indoors

A smoke advisory issued because of the Morgan Fire on Mount Diablo has prompted schools and other community services in the area to keep activities indoors.

The Morgan Fire, which started Sunday on Morgan Territory Road near Mount Diablo State Park, southeast of Clayton, has spread to more than 3,718 acres.

As of Monday afternoon it was about 20 percent contained, according to Cal Fire officials. As many as 100 homes are threatened and evacuations have been ordered.

The Bay Area Air Quality Management District issued a smoke advisory Monday morning because of the blaze. The smoke may affect residents in parts of Contra Costa, Alameda and Santa Clara counties, according to the air district.

Danville city officials announced Monday that outdoor classes and sporting activities would be canceled because of smoky conditions.

Baseball, tennis, softball and bocce ball adult and children's leagues were notified about cancellations, affecting some activities planned for Monday afternoon.

Teen Centers throughout Danville will remain open, however all activities will be kept inside.

City officials encouraged all residents to limit time spent outside as the fire continues to burn.

The Dublin Unified School District notified parents Monday that because of the polluted air from the wildfire, district schools, including Dublin High School, are instituting "rainy day" procedures.

That means that students will not go outside for recess, physical education classes or lunchtime, school officials posted on the district's Facebook page Monday afternoon.

The air district has advised all residents in smoky areas to stay inside, close windows and doors and set air-conditioning units and ventilation systems to re-circulate indoor air.

More information about air quality is available at www.baaqmd.gov.

Man Found Unconscious In Union Square Dies Of Injuries 

A man who authorities initially had trouble identifying after he was found unconscious this weekend near San Francisco's Union Square died Sunday as a result of his injuries, San Francisco General Hospital officials said Monday.

Manuel Gallegos, 43, of Fremont, was found at about 5 a.m. Saturday with head injuries that suggested some sort of fall, hospital spokeswoman Rachael Kagan said.

His identity was initially a mystery, and hospital officials and San Francisco sheriff's deputies released photos of him in his hospital bed and asked for the public's help in learning his name.

After the public outreach, a relative of Gallegos came forward Sunday night and identified him, Kagan said. He died at the hospital that day.

Gallegos will be an organ donor, according to Kagan.

More information on becoming a donor can be found on the California Transplant Donor Network's website at www.ctdn.org.

Man Charged With Killing His Girlfriend In Pacifica

A San Francisco woman who was found dead in Pacifica in May after being reported missing months earlier was allegedly killed by her boyfriend, who made his initial appearance in court on Friday, San Mateo County prosecutors said Monday.

Albert Trejo, 49, of San Bruno, has been charged with murder for the killing of 36-year-old Cecilia Zamora, who was found in the storage area of an apartment complex with a single gunshot wound to the back of her head, according to the district attorney's office.

Trejo did not enter a plea at his initial court hearing on Friday and will return to court on Sept. 16 for the continued arraignment, prosecutors said.

According to prosecutors, Zamora was last seen on the morning of Feb. 13 with Trejo at their home in San Bruno, where they lived with other people.

Trejo called another one of the residents and sounded like he was crying and made a comment about his gun going off, prosecutors said.

However, when the other residents arrived home, he was doing laundry and told them that he and Zamora had an argument and she left, prosecutors said.

The victim's mother reported her missing a week later, leading to the eventual discovery of her body in Pacifica.

Vallejo Man Arrested After Damaging Richmond Police Vehicles 

A Vallejo man was arrested after he allegedly rammed his car into a Richmond police patrol car, which prompted an officer to fire his service weapon Sunday afternoon, a Richmond police sergeant said.

Around 5:15 p.m. an officer attempted to stop a car for a traffic violation near South 55th Avenue and Santa Clara Avenue, Richmond police Sgt. Nicole Abetkov said.

The car's driver, identified later as Rafael Ortega, 23, allegedly refused to stop, Abetkov said.

Near that intersection he allegedly turned his vehicle around and drove into the officer head on. The officer was in a marked patrol vehicle.

Ortega then backed up and appeared to be preparing to ram into the officer a second time, Abetkov said. That is when the officer feared for his life and fired his gun into the car, Abetkov said.

The suspect was not hit and stopped driving. He was taken into custody, Abetkov said.

The rammed police car sustained moderate damage, she said.

The officer was not injured in the incident.

The shooting is being investigated by Richmond police and the Contra Costa County District Attorney's Office.

Volunteer Diver Dies In Search Of Oakland Teenager 

A volunteer diver died in a search for an Oakland teenager who was last seen in the water at Lake Shasta Friday, Shasta County sheriff's officials said.

The search for Robinson Sok, 18, started on Friday around 10:30 a.m. when the teen, who was on a houseboat with friends on the middle part of the McCloud Arm of the lake, attempted to help a friend who had been swimming.

The friend started to struggle and Sok apparently went in to retrieve him when he himself began to struggle and went under water and did not resurface, according to sheriff's officials.

Other friends then tried to find him, however they were unsuccessful and called authorities, officials said.

Because this part of the lake is deep, divers were not initially used and a San Francisco Police Department dive team's remotely operated vehicle and a sonar system were used. However Sok was not found by the end of the day.

On Saturday the search continued but the device became entangled on Saturday night and a salvage diver attempted to retrieve it, according to the sheriff's office.

A sheriff's office dive team member was also in the water as a safety diver, and had to pull the salvage diver out from the water.

Both were taken to hospitals where the salvage diver, identified as Ken Smith, died.

The safety diver, John Zufall, was later flown to Travis Air Force Base near Fairfield where he was placed in a decompression chamber.

Zufall has worked for the sheriff's office for 12 years and been on the dive team for about 10 years.

According to the sheriff's office, he is a certified advanced diver and was a diver in the U.S. Navy.

He is expected to survive.

A friend of Sok's posted on Facebook late Sunday night, "His family is asking if you could offer your time and help them continue their search for Rob. We just want to bring him home."

Richmon Gunshot Victim Dies

A 21-year-old man died Sunday after he was shot in Richmond's Iron Triangle neighborhood late Saturday morning, a Richmond police sergeant said Monday.

Around 11:20 a.m., calls came in and a ShotSpotter activation alerted police about shots fired in the 500 block of Fourth Street, Richmond police Sgt. Nicole Abetkov said.

Officers arrived and found a man lying on the sidewalk suffering from a gunshot wound, she said.

He was transported to a nearby hospital in critical condition and was then taken to John Muir Medical Center in Walnut Creek, where he succumbed to his injuries at 12:20 p.m. Sunday, Abetkov said.

The victim was identified by police as Derrick Wilson, of Richmond.

The suspect was described only as a black man in his 20s wearing a white T-shirt and jeans. He was seen fleeing the area on a BMX bicycle.

Anyone with information about the killing is asked to call Richmond police Detective C. Decious at (510) 621-1747 or the anonymous tip line at (510) 232-TIPS (8477).

Two Oakland Youths To Stand Trial For Murger

A judge Monday ordered two 18-year-old Oakland youths to stand trial on a murder charge in connection with the fatal shooting of an innocent bystander outside the Bay Fair BART station in San Leandro in January.

Prosecutor Mark Melton said the shooting death of 50-year-old Kenneth Lee Seets while he waited for a bus at about 12:20 p.m. on Jan. 19, a sunny Saturday afternoon, occurred because defendants Jabrie Bennett and Andre Smith were both armed with guns and an escalating war of words broke out between the two men and their respective groups of friends.

Melton described the two groups of young people as "armed camps" and blamed Bennett for "pouring gasoline on the premises" and creating a tense environment that led to the shooting.

Melton said Bennett fired the shot that killed Seets but he believes Smith, who didn't know Bennett before the incident, is equally responsible because he lifted his jacket, placed his hand on his gun and walked toward Bennett, prompting Bennett to open fire.

Melton said Smith's movement "was the kind of act that foreseeably may cause someone to act in a dangerous manner."

Although the shooting occurred a short distance outside Oakland's borders, Alameda County Superior Court Judge Jon Rolefson agreed with Melton that Smith's conduct was aggressive, saying, "That act in Oakland these days is sufficiently provocative."

Evidence at the three-day preliminary hearing for Bennett and Smith indicated that Bennett, two females and another male were waiting for a bus after they had shopped at the Bayfair Center shopping mall when Smith, his younger brother, who is a juvenile, and another young male also came to the bus area.

BART police Officer Michael Maes said in a probable cause statement that Bennett was carrying a .22-caliber semi-automatic rifle in a red duffel bag and Smith had come to the station with a loaded and concealed handgun in his waistband.

Melton said Smith's younger brother also was carrying a gun and the third youth with Smith and his brother was carrying a replica gun.

Alameda County District Attorney Inspector Nicole Elder testified Monday that a witness who was at the bus stop told authorities that a suspect in one of the groups said, "I've got something and I could handle this situation real quick" and a suspect in the other group responded by saying, "We've got something, too, we can handle this situation."

Melton said Bennett fired three shots, fell after he backed into a pole, and then fired seven more shots, one of which struck and killed Seets, who was sitting near Smith.

Smith's younger brother then responded by firing five shots at Bennett's group, Melton said. Smith's brother was prosecuted separately in juvenile court, he said.

Death Of Hayward Man Rulled A Tragic Accident

The death of a Hayward man who fell from a pedestrian overcrossing outside Candlestick Park at the start of the San Francisco 49ers game on Sunday appears to have been a tragic accident, the city's police chief said Monday.

Kevin Hayes, 32, fell from the Jamestown pedestrian walkway shortly before 1:30 p.m., just after the kickoff of the 49ers' season opener against the Green Bay Packers.

The walkway crosses over Jamestown Avenue to allow fans to access the stadium without walking through traffic, police said.

Hayes was with his brother, and multiple witnesses indicated that he may have been intoxicated at the time of the fall, police said. Medical crews responded but he was pronounced dead at the scene.

"It looks like it was just an accidental fall," police Chief Greg Suhr said. "It just looks like a very sad, tragic accident."

Mayor Ed Lee said he and other city officials are "devastated by the death and want to make sure everything is inspected properly" on the overcrossing.

Lee said the death "certainly marred an otherwise fairly happy day for fans," who saw the 49ers beat the Packers 34-28.

The 49ers released a statement following Hayes' death.

"We would like to express our deepest condolences to the family during this difficult time," the team's statement said.

Two East Bay Legislators Call For Tougher Gun Control Bills 

Two East Bay state legislators Monday called for their colleagues and Gov. Jerry Brown to approve tougher gun control bills before the current legislative session ends later this week.

Assemblywoman Nancy Skinner, D-Berkeley, said the bills are needed because "people are dying on the streets from gun violence," citing the shooting death of a man near Eighth and Page streets in Berkeley at about 5:45 p.m. on Sunday as an example.

Joined by community and religious leaders at a news conference on the steps of the Beebe Memorial Cathedral on Telegraph Avenue in Oakland, Skinner said, "Every day we wake up to news about another victim of gun violence."

Assemblyman Rob Bonta, D-Oakland, said, "We're at a very important stage and we need to move the needle to save lives. Oakland is hurting from gun violence."

Bonta and Skinner both called on Gov. Brown, who formerly served as Oakland's mayor, to sign a bill already approved by the state Legislature, Assembly Bill 180, that would pre-empt state law and provide Oakland with additional tools to regulate the registration and licensing of firearms.

Skinner said, "All communities aren't equal" and "some cities don't need their own gun laws" but cities such as Oakland, Richmond and Fresno "need the tools" to have tougher gun registration and licensing laws.

Skinner said she'd like the state Legislature to pass two other gun control measures, which she authored, by the end of the week.

She said AB 48 would ban kits that convert guns into assault-type weapons and make it illegal to buy large-capacity magazines that allow people to fire multiple bullets quickly without reloading.

Skinner said, "Assault weapons have been banned in California for a long time but people can get around that by buying a conversion kit that allows them to take a gun cartridge out and put in a high-capacity magazine."

Skinner said AB 1131 would extend the time period a person who makes a credible threat of violence is prohibited from owning firearms from six months to five years.

She thinks such a ban would prevent tragedies such as a shooting at Oikos University in Oakland in April 2011 in which suspect One Goh is charged with seven counts of murder and three counts of attempted murder for allegedly killing seven people and wounding three others.

A judge suspended legal proceedings against Goh in January and said he's not competent to stand trial after two psychiatrists said he suffers from paranoid schizophrenia.

Motorcycle Crash Victim Identified

Benicia police have identified the motorcycle rider who was killed in a crash last week as 30-year-old Mark Sheppard of Benicia.

Sheppard died in the Sept. 1 crash when the 2013 Kawasaki 656 Ninja he had purchased the day before left Park Road around 9:30 a.m.

The motorcycle was traveling north in the 3000 block of Park Road. It left the roadway along the right shoulder that consists of gravel, shrubs and a shallow ditch, Benicia police Lt. Frank Hartig Jr. said.

The speed limit in that portion of Park Road is 35 mph, and it appears speed was the main contributing factor to the collision, Hartig said.

Sheppard was un-licensed and did not have an endorsement to ride a motorcycle, Hartig said. Investigators will try to determine if Sheppard's inexperience also contributed to the accident, Hartig said.

Sheppard was wearing a helmet at the time of the crash. He was pronounced dead at the scene.

The crash closed Park Road in both directions for more than three hours.

Greenfield Woman Sentanced To Decade In Prison

A Greenfield woman has been sentenced to a decade in prison for felony child endangerment resulting in the death of her 10-month-old son, according to the Monterey County District Attorney's Office.

Aracely Mares, 21, knew that her boyfriend, Diego Burgos, was abusing her son Camilo Miramontes, according to prosecutors. Burgos killed the infant on Sept. 5, 2011.

Prosecutors said Burgos repeatedly beat the child, who suffered injuries to his eyes, back, head and legs. The baby died of blunt force trauma to his head.

Burgos was convicted in September 2012 of murdering Camilo, and is serving a sentence of 37 years to life, according to the district attorney's office.

Mares was living with Burgos until Camilo's death and was aware of the abuse, prosecutors said.

On May 29, 2013, Mares pleaded guilty to child endangerment resulting in death, and was sentenced Friday to 10 years in prison, according to prosecutors.

Weather Forecast

Mostly cloudy skies and patchy fog are expected in the Bay Area this morning, becoming partly cloudy later in the day. Highs are likely to reach the lower 70s, with southwest winds up to 15 mph.

Partly cloudy skies are expected this evening, with patchy fog after midnight. Lows are likely to be in the upper 50s, with southwest winds up to 20 mph.

Mostly cloudy skies and patchy fog are likely Wednesday morning. Highs are expected to be in the 50s to upper 60s, with southwest winds up to 15 mph.

 

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Small Fire Damages Bleachers At America's Cup Pavilion

A small fire damaged a section of bleachers at the America's Cup pavilion in San Francisco's Marina District this morning, according to a fire dispatcher.

The fire was reported at about 3 a.m. near the broadcast booth at the America's Cup pavilion, according to fire officials.

The pavilion is located near the intersection of Marina Boulevard and Fillmore Street, fire officials said.

An arson investigation team responded to the scene of the fire, but no suspects are in custody this morning.

The cause of the fire remains under investigation, fire officials said.

 

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Weather Forecast For The San Francisco Bay Area

Mostly cloudy skies and patchy fog are expected in the Bay Area this morning, becoming partly cloudy later in the day. Highs are likely to reach the lower 70s, with southwest winds up to 15 mph.

Partly cloudy skies are expected this evening, with patchy fog after midnight. Lows are likely to be in the upper 50s, with southwest winds up to 20 mph.

Mostly cloudy skies and patchy fog are likely Wednesday morning. Highs are expected to be in the 50s to upper 60s, with southwest winds up to 15 mph.

 

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Authorities Say Rim Fire Was Sparked By Hunter's Illegal Fire

The massive Rim Fire, now the fourth-largest wildfire in California's history, was sparked by a hunter's illegal fire, U.S. Forest Service officials said today.

The fire began on Aug. 17 in the Stanislaus National Forest near the Jawbone Ridge area and has burned 237,341 acres. As of this morning, it was 80 percent contained.

The Forest Service announced today that personnel from its Law Enforcement and Investigations division and the Tuolumne County District Attorney's Office have determined that the blaze started after the hunter "allowed an illegal fire to escape."

There is no indication that the fire is related to a marijuana-growing operation, as had been rumored, according to the Forest Service.

The hunter's name has not yet been released.

The Rim Fire destroyed the city of Berkeley's Tuolumne Family Camp, located off of state Highway 120 west of the entrance to Yosemite National Park.

As of this morning, 1,900 homes were still threatened and evacuations were in effect, according to Cal Fire.

 

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Passenger Stabs MUNI Driver In Leg

A Muni bus driver was stabbed in the leg by a passenger in San Francisco's Tenderloin neighborhood on Wednesday evening, a police spokesman said today.

The stabbing was reported at 7:08 p.m. near Eddy and Taylor streets, where the driver had pulled over his 31-Balboa bus after a passenger said someone on board had a knife, police spokesman Officer Gordon Shyy said.

The 52-year-old driver called police, but while waiting for officers to arrive, the armed suspect approached him demanded that the bus continue on its route, Shyy said. 

The driver saw the knife in the suspect's hand, then tried to get the suspect off of the bus but was stabbed in the leg, according to Shyy.

Police arrived and arrested the suspect, identified as 47-year-old David Choy, a San Francisco resident. He was booked into custody on suspicion of assault with a deadly weapon, making criminal threats, resisting arrest, probation violation and on multiple local warrants, Shyy said.

The bus driver was taken to a hospital to be treated for his injuries, which were not life-threatening, Muni spokesman Paul Rose said.

 

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Thursday Morning News Roundup

49ers Linebacker And Former Teammate Are Sued 
San Francisco 49ers All-Pro linebacker Aldon Smith and former teammate Delanie Walker are being sued by a man who says he was shot twice in the leg at a party Smith hosted at his home near San Jose last year.
The suit by Alameda County resident Ronndale Esporlas, which was filed in Santa Clara County Superior Court on Tuesday, accuses Smith of premises liability and negligence for the injuries he suffered at the party, which began the night of June 29, 2012, and continued into the next morning.
Esporlas, who is represented by Oakland attorney David Kleczek, alleges in his suit that Smith and Walker, who played for the 49ers but signed with the Tennessee Titans in March, "consumed significant quantities of alcohol and were legally intoxicated."
The suit states that they started firing handguns from Smith's balcony "in an apparent effort to attend the party."
According to the suit, Walker then made his way to the driveway and began firing a gun in the air and toward others who were attending the party.
A group of people near the street then allegedly began firing gunshots back toward Smith's house, and Esporlas and his friend were caught in the crossfire between the two groups, the lawsuit alleges.
Esporlas was shot twice in his leg and suffered "serious, catastrophic and permanent injuries," the suit states. The suit alleges that Smith and Walker had a duty to provide a secure environment for people who came to the party because it was "a for profit operation," as they charged people $10 each to get in, and $5 per drink.
Smith and Walker also provided entertainment, including a D.J. and a dance area, according to the suit.
The lawsuit alleges that Smith and Walker illegally possessed handguns and that the guns "had been repeatedly and illegally fired on numerous occasions" by the football players prior to the party.
San Francisco 49ers officials and Smith couldn't immediately be reached for comment. The 49ers said last year that Smith also suffered minor injuries at the party.
Smith's home is located in the 4000 block of Higuera Highland Lane in the hills east of San Jose.
Santa Clara County sheriff's deputies were dispatched to the home at 2:14 a.m. on June 30, 2012, after receiving reports of shots fired.
They located two gunshot victims and a stabbing victim, and all three were taken to area hospitals. The sheriff's office would not confirm reports that Smith was the person who was stabbed.
The sheriff's office reported that deputies encountered a "chaotic" scene when they arrived at the home, and that there were at least 100 people at the party.

Man Wounded During Undercover Police Drug Investigation Dies
 A man who was wounded in an officer-involved shooting Wednesday outside a restaurant in Sunnyvale during an undercover drug investigation has died of his injuries, a police captain said.
The Santa Clara Police Department and the Santa Clara County Sheriff's Office were working the covert drug probe when the shooting took place around 3 p.m., according to Sunnyvale Department of Public Safety Capt. Dave Pitts.
The sheriff's office reported on Twitter Wednesday afternoon that one of its deputies was involved in the shooting and that Sunnyvale police are handling the investigation.
The man, whose name was not immediately available, was transported to a hospital and was later pronounced dead, Pitts said.
The shots were directed at the suspect inside the parking lot of Hobee's restaurant at 800 W. Ahwanee Ave., near Mathilda Avenue and U.S. Highway 101, Pitts said. Sunnyvale police officers knew about the operation in advance and were in the area to provide assistance, Pitts said.
No one else was injured in the shooting and the investigation into it is in the early stages, Pitts said.
A clerk at a Motel 6 at 806 W. Ahwanee Ave. said he heard about 15 gunshots and then a saw a wounded person being transported from a pickup truck.
The clerk, John Carroll, 69, said he heard shots ring out at about 2:30 p.m. outside the Hobee's restaurant. He said he then saw police cordon off the scene.
"They pretty much shut down the area pretty quickly," Carroll said.
The pickup had bullet holes in the windshield and on both the driver's and passenger's sides, Carroll said.
"As many shots that were fired, it's hard to believe" that the suspect survived, Carroll said.
Two lanes of North Mathilda Avenue were blocked during the preliminary investigation, according to police.

A New Zealand Sailing Team Wins 1st Red Bull Youth America's Cup
A New Zealand sailing team Wednesday won the first-ever Red Bull Youth America's Cup in San Francisco.
The New Zealand Sailing Team with Emirates Team New Zealand clinched the title after racing finished up Wednesday afternoon on the Bay.
The Red Bull Youth America's Cup was a competition involving teams of men ages 19 to 24 and served as a prelude to the America's Cup Finals starting Saturday between Oracle Team USA and Emirates Team New Zealand.
Full Metal Jacket Racing, a team also from New Zealand, finished second in the youth competition while ROFF/Cascais Sailing Team from Portugal finished third.
American Youth Sailing Force, the team associated with the defending America's Cup champion Oracle Team USA, finished fifth.
A total of 10 teams competed in the youth races, which began Sunday and ended Wednesday with a seventh race that was won by a team from Switzerland.
An eighth race that would have been worth double points in the competition had to be canceled Wednesday afternoon because of high winds, according to race officials.
When the America's Cup Finals begin Saturday, the Oracle team will be starting from a disadvantage after the regatta's International Jury docked them two points for making illegal modifications to their boats during exhibition races in 2012 and earlier this year.
As a result, Oracle will have to win 11 races to clinch the America's Cup, while Emirates Team New Zealand only has to win nine.

Young Boy Killed In Tragic Accident
A young boy was killed in what appears to be a "tragic accident" Wednesday afternoon in Oakland, a police spokeswoman said.
Officers responded to a report of an accident in a parking lot at 845 Embarcadero at about 4:15 p.m., Officer Johnna Watson said.
A young boy, believed to be about 3 years old, was playing in a parking lot near his mother, who was selling fruit out of her car, when the boy was run over, Watson said. "At this time, it appears this is a tragic accident," Watson said.
The driver, only described as a man, remained at the scene and is cooperating with police, she said.
As of 6:20 p.m., police were still investigating the crash. Embarcadero, between Fifth and 10th avenues, remains closed, Watson said.

San Jose Doctor Accused Of Embezzling $46,000
A San Jose doctor is accused of embezzling $46,000 meant for cancer research and using it to pay his phone and credit card bills and his parents' mortgage, according to the Santa Clara County District Attorney's Office.
Dr. Tri Minh Do, 45, allegedly set up a bank account in which he deposited grant checks made out to the Santa Clara Valley Medical Center, and then used the money for himself, Deputy District Attorney Judy Lee said.
Do, who is charged with one count of felony misappropriation of public funds, will be arraigned in Santa Clara County Superior Court in San Jose on Sept. 13, Lee said.
He surrendered to authorities late last week and was booked into the Santa Clara County Main Jail on $25,000 bail, but was later released, Lee said.
Do, formerly employed as a radiologist at the medical center, allegedly cashed $46,000 in reimbursement checks intended to cover the medical center's costs related to certain cancer research, Lee said.
The checks were from the American College of Radiology, which had awarded the medical center a grant to pay for up to $66,750 in expenses for a Radiation Therapy Oncology Group study, including research on prostate cancer, Lee said.
The college addressed the checks to the medical center and put them to Do's attention, Lee said.
"He opened up a separate account with a 'doing business as' Santa Clara County Valley Medical Center, and so he was able to cash all the checks in that separate account," Lee said.
The alleged embezzlement was uncovered late last year, after Do stopped working at the medical center and reimbursement checks kept coming to the hospital from the American College of Radiology, Lee said.
The medical center contacted the college, which confirmed it had been sending checks there for a year, Lee said.
The district attorney's office learned that Do, who had been in charge of running the cancer study, allegedly used grant funds to pay his Verizon phone bill, Visa and Chase credit cards and make partial payments on his parents' home mortgage, Lee said.
Do's parents had no idea where about the scheme and are not facing criminal charges, Lee said.

Point Reyes Oyster Farm Requests Rehearing
A popular oyster farm in the Point Reyes National Seashore announced Wednesday that it is requesting a rehearing in front of a full 11-judge federal appeals court panel on a ruling that could cause the farm to shut down.
Drakes Bay Oyster Company issued a statement saying it remains open and will file the request within 45 days asking for the full panel of the 9th U.S. Circuit Court of Appeals to hear the case regarding the fate of the business.
U.S. Secretary of the Interior Kenneth Salazar last November announced that he had decided not to renew the permit for the oyster company to operate in the national seashore.
The company filed a lawsuit challenging Salazar's actions, but a judge in February declined to issue a preliminary injunction that sought to block the farm's closure until a full trial was held on the lawsuit.
The appeals court later issued a temporary injunction allowing the farm to stay open until the company's appeal was resolved, but a three-judge panel from the court on Tuesday, in a 2-1 decision, upheld the lower court's ruling denying the preliminary injunction. 
Kevin Lunny, owner of Drakes Bay, said in a statement that the dissenting opinion by the appeals court gives the company hope that it will be allowed to stay open.
Judge Paul Watford wrote in the dissent that by enacting the 1976 Point Reyes Wilderness Act, Congress "viewed the oyster farm as a beneficial, pre-existing use whose continuation was fully compatible with wilderness status" in the national seashore.
Watford wrote that the majority's decision contained "nothing of substance" and that the company was "likely to prevail on the merits."
Lunny said, "After reading the Court's decision -- and especially the dissent from Judge Watford -- we are more convinced than ever that we will prevail."
Lunny and his wife Nancy bought the business in 2004 from Johnson Oyster Co., taking over the remaining years of a 40-year permit to operate in the national seashore.
Salazar, who has since stepped down as Secretary of the Interior, wrote in his Nov. 29 decision that allowing the lease to expire "would result in long-term beneficial impacts" to the natural environment of Point Reyes by allowing the 1,000-acre swath of submerged estuary to return to wilderness.
The appeals court in its majority ruling Tuesday wrote that the oyster farm was purchased by the Lunnys "with full disclosure, knowing that the reservation of use and occupancy was set to expire in 2012."
The Environmental Action Committee of West Marin hailed the court's ruling Tuesday, but Lunny said that other environmentalists and local leaders support the company.
"With the support of thousands of environmentalists, community members and elected leaders around the nation, we will continue to fight for what's right and remain committed to succeeding in our fight to remain open and serve our community," he said.

Oakland Man Convicted Of Second Degree Murder
An Oakland man was convicted of second-degree murder Wednesday for fatally shooting another man after a brief argument over a woman three years ago.
Jurors deliberated for less than two full days before delivering their verdict against 61-year-old Christopher Miles for the death of 59-year-old Danny Jackson.
The shooting occurred in a yard where Miles was living in the 1400 block of 79th Avenue in East Oakland at about 10:40 a.m. on April 12, 2010.
Prosecutor Greg Dolge said Miles shot Jackson twice with a high-powered rifle even though Jackson was unarmed.
Miles is scheduled to be sentenced by Alameda County Superior Court Judge Jon Rolefson on Oct. 2.
This was Miles' second trial; his first trial last year ended with a hung jury.

Celebrating the Start Of Rosh Hashana
At sundown Wednesday the Jewish community in the Bay Area celebrated the start of the New Year, or Rosh Hashana.
According to the Jewish lunar calendar the holiday is celebrating the beginning of the year 5774.
Following tradition, the holiday is filled with apples and honey to start off a sweet and healthy new year.
Other customs include eating a round challah, or a braided loaf of egg bread, and other sweet foods such as honey cake. Some observers include a fish head in the festivities.
These items and more represent new beginnings and cycles as well as prosperity and fertility, according to Jewish Community Center of San Francisco senior educator Rabbi Batshir Torchio.
The blowing of the shofar, or ram's horn, also occurs during the holiday period.
Rosh Hashana marks the start of the High Holidays, which is followed by a 10-day period that concludes with Yom Kippur, or the Day of Atonement, when observant Jews fast for a day.
According to Rabbi Andrew Berlin with the Union for Reform Judaism western district, the high holidays are about introspection and reflection and plenty of soul searching.
"You want to rise to your highest self," she said.
Torchio said this is the time of year for Jews to learn, engage and refocus.
"This holiday is about taking the opportunity for transformation," she said.
At the end of new year services there is a chance for "cleansing and purity and being our better selves," she said.
This year the High Holidays and other holidays fall earlier on the Gregorian calendar, something that will not occur again for many centuries.
"Judaism is so much about the marking of time and space," Torchio said.
The first day of Channukah will coincide with Thanksgiving on Nov. 28 this year, when usually the eight-day festival of lights is associated with the Christmas holiday.
Although disconcerting that the Jewish holiday season is starting before summer ends, Torchio said it gives an opportunity to celebrate new beginnings before the rest of the American community does in January.
Today, The Jewish Community Federation is hosting a "tashlich" service at Ocean Beach between Fulton Street and Lincoln Way.
The New Year ritual starting at 5 p.m. involves tossing bread into the ocean or a body of water to symbolically discard all sins from the past year.
This year's event, dubbed "Tashlique," aims to be a modern spin on the new year's tradition with shofar blowing, bag pipers, and members of the SF Jazz Mafia and Ministers of Sound of the Saint John Will-I-Am Coltrane African Orthodox Church and jazz musician Ralph Carney performing.
San Francisco Mayor Ed Lee tweeted Wednesday afternoon about the start of the holidays.
"Warm wishes to Jewish families in SF & around the world celebrating Rosh Hashanah. I wish you a healthy and happy year. Shana Tova,"he said.
"Shana tova" is a common holiday greeting that means "good year" in Hebrew.
President Barack Obama also wished the Jewish community a happy new year in a video message Wednesday.
In the video, he said the New Year is the time to reflect on who we are and how we treat others.
"Where we fall short, the New Year is a new opportunity to get things right," Obama said. "And where we still have work to do, the New Year is a chance to reaffirm our commitments."

Oakland Police Seek Help In Finding Suspect In Shooting Death
Oakland police are seeking the public's help in finding the man they believe is responsible for the shooting death of 48-year-old Corey Prentice in East Oakland on Saturday night.
Police said when officers responded to reports of a shooting in the 4800 block of Daisy Street, near Mills College, at about 10:52 p.m. on Saturday they found Prentice suffering from multiple gunshot wounds.
Prentice was transported to a local hospital, where he succumbed to his injuries.
Police described suspect Gary Shea as a 50-year-old white man, 5 feet 6 inches tall and weighing 160 pounds with brown eyes, medium dark curly hair and possible facial hair.
Police said their investigation into the shooting is ongoing and anyone with information about it should call investigator Leo Sanchez at (510) 238-3821, a tip line at (510) 777-2805 or Crime Stoppers of Oakland at (510) 777-8672.
Police didn't say why they consider Shea to be a suspect.

Animal Place Saves 1,150 Hens
Thousands of hens rescued from a deadly fate at an egg farm are flying the coop.
Vacaville-based non-profit Animal Place is sending 1,150 white leghorn hens on a chartered plane at the Hayward Executive Airport Wednesday night to new homes at animal sanctuaries on the East Coast, according to the organization's education director, Marji Beach.
The plane was scheduled to depart at 6:45 p.m., she said.
"This is the first time adult birds have ever been flown across the country," Animal Place Executive Director Kim Sturla said.
When a donor offered to cover the cost of the cross-country flight, Animal Place "jumped at the opportunity," she said.
The birds were part of a group of 3,000 hens the organization rescued from a California egg farm last month that would otherwise have been gassed, Beach said.
She said that as hens age and are able to lay fewer eggs, many commercial egg farms gas the birds and dump their carcasses in landfills, which is cheaper than sending them to slaughterhouses.
During their time at the commercial farm, which Beach declined to name, the now-rescued hens were kept in 12-by-16-inch cages that left no room for them to stretch their wings, according to Animal Place.
The birds will be welcomed in New York this morning by representatives from nine animal sanctuaries that will either permanently adopt them or find them new homes, Beach said.
Meanwhile, Animal Place is still looking for homes for the remaining 1,800 hens rescued last month.
Those interested in adopting the birds or donating to their care may visit www.animalplace.org.

Suspect Arrested For The Muder Of A San Jose Woman
A suspect was arrested Wednesday on suspicion of murder in the death of a San Jose woman whose body was found in a car Tuesday near San Antonio Elementary School in East San Jose, a police spokesman said.
The suspect, who is not being identified, was taken into custody and booked into the Santa Clara County Main Jail, according to police Officer Albert Morales.
Officers have identified the murder victim as Reina Figueroa, 49, of San Jose, Morales said.
The suspect's name will not be released until the Santa Clara County District Attorney's Office reviews the case, Morales said.
Police on Tuesday responded to a 911 call about a body in a vehicle near the school in the 1700 block of San Antonio Street at 12:44 p.m., Morales said. The victim was found unresponsive and pronounced dead at the scene, Morales said.
The suspect and the victim knew one another, Morales said. The murder was the 34th so far in San Jose in 2013, he said.

Daily City Police Crackdown On Motorcycle Drivers
Motorcycle drivers be on alert: the Daly City Police Department through the end of the day is cracking down on careless motorcyclists who speed, make illegal turns and attempt any other dangerous roadway violations.
Daly City Sgt. Mike O'Rourke said Wednesday that extra patrols will scour the areas most frequented by motorcyclists to lower deaths and injuries. He said extra patrols for a portion of the two-day police safety operation will float around the 280-Skyline-Highway 1 area.
"We're picking our busier streets where motorcyclists like to travel," O'Rourke said.
Last year, he noted, there were eight motorcycle injury collisions in the city, but none since October.
Daly City receives a large quantity of motorcyclists due to its proximity to the coast, O'Rourke said.
"Where our transition is with Interstate Highway 280 and the coast, it's a great place for motorcyclists to converge," he said. "We are a nexus for those to take the coast and hit Pacifica."
California collision data reveals that primary causes of motorcycle-involved crashes include speeding, unsafe turning and impairment due to alcohol and other drugs.
Daly City police hope to get out the message to all drivers and motorcyclists to share in the responsibility and share the road. It also encourages motorcyclists to get training through the California Motorcyclist Safety Program. Information and training locations are available at www.CA-msp.org or by calling (877) RIDE 411.

Distraction Burglary In The Bay Area
Whether it's a search for snakes in Burlingame or a roof in need of repair in San Carlos, regional law enforcement agencies are encouraging residents to be aware of a new crime trend they're dubbing as "distraction burglary."
San Mateo County Sheriff's Office Wednesday sent out an alert to residents about an incident on Tuesday where a man posing as a roofing contractor approached a resident at his Elm Street home and told him that he may be in need of roof repairs.
The alleged roofer told the man that he had just completed a roofing job nearby and had some leftover materials that he could use to repair the roof.
While the resident joined the alleged roofer on the roof to inspect the damage, two additional unknown suspects, a woman and a man, entered the home through the front door and rummaged through the home, according to the sheriff's office. Drawers in the bedroom and a desk in the living room had been opened and rummaged through, the victim reported to the sheriff's office.
The suspects in this case are described as a Hispanic man in his 40s; a heavy set Hispanic woman and a younger Hispanic man, all of whom were seen sitting in a newer model green crew cab pick-up truck that was parked on the street.
The burglary scam is a new trend in which a two- or three-suspect team uses a distraction technique to gain access to the home by one suspect or suspects while the other suspect occupies the victim.

Sheriff's Deputy Treated For Exposure To Toxic Chemicals
A sheriff's deputy is being treated for lung exposure to a toxic chemical mixture made by a man threatening suicide Wednesday morning, according to the Sonoma County Sheriff's Office.
Around 5:45 a.m., the sheriff's office got a call from a man saying he was going to cook up a fatal chemical mixture to kill himself, sheriff's officials said.
The man wouldn't tell dispatchers where he was, but deputies were able to identify him as 47-year-old Jeffery Vandedrink, of Santa Rosa, according to the sheriff's office.
Sheriff's officials said the California Highway Patrol received a call about 30 minutes later from a man saying he was on Faught Road in Santa Rosa and was going to commit suicide.
Around 7:10 a.m., a deputy found Vandedrink in his car on Faught Road near East Shiloh Road in Windsor.
Two deputies approached the car and found Vandedrink sitting in the driver's seat with the driver's side window partially down, according to the sheriff's office.
Not smelling any chemical odors, the deputies approached the car and awoke Vandedrink, then removed him from the vehicle and handcuffed him, sheriff's officials said.
As the deputies took him to a patrol car, they were exposed to a colorless, toxic vapor cloud that was the product of the mixture of various chemicals, according to the sheriff's office.
One of the deputies suffered serious lung exposure to the mixture and was taken to a hospital. His recovery is expected to take several weeks, sheriff's officials said.
The second deputy and Vandedrink were only minimally exposed to the chemicals.
Vandedrink, who was also hospitalized, is expected to be arrested on suspicion of placing an injurious, nauseous or offensive substance in public causing injury, according to the sheriff's office.

Weather Forecast
Mostly cloudy skies are expected in the Bay Area this morning becoming sunny later in the day. Highs are likely to be in the 60s to lower 70s, with westerly winds up to 20 mph. Gusts of wind up to 35 mph are likely in the afternoon.
Clear skies are expected this evening, becoming partly cloudy later in the night. Lows are likely to be in the upper 50s, with westerly winds up to 30 mph.
Sunny skies are likely Friday morning. Highs are expected to be in the 60s to upper 70s, with winds up to 15 mph.
 

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Paid for by Phil Ting for Assembly 2012. FPPC ID# 1343137