SF News

Two Executives Plead Guilty To Conspiring To Steal Employee Pension Funds

The two top executives of a South San Francisco geotechnical company have pleaded guilty in federal court in San Francisco to conspiring to embezzle more than $1.7 million from two employee pension plans.

Geo Grout Inc. president Kenneth Tholin and vice president Enrique Quiles entered their pleas before U.S. District Judge Edward Chen on Wednesday.

They will be sentenced by Chen on July 31 and face possible prison terms of up to five years as well as a possible order for restitution plus a fine of up to twice the loss caused.

U.S. Attorney Melinda Haag said the two men admitted during the plea to taking $1,772,500 from the pension funds between 2009 and 2011 for unauthorized purposes.

Haag said the executives have thus far returned $901,481 to the accounts.

The company performs specialized geotechnical work in shoring up soil around and underneath tunnels, dams, mines and large structures such as airports, highways and commercial buildings.

The prosecution stems from an investigation by the U.S. Department of Labor, which has the responsibility of receiving and monitoring annual reports filed by pension administrators.

 

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Police Officer Fires Shots At Vehicle To Stop Fleeing Suspect In Tenderloin

A police officer fired shots at a stolen vehicle as the suspect behind the wheel attempted to flee in San Francisco's Tenderloin district late Thursday night, according to police.

At approximately 9:15 p.m. a black town car was reported stolen in San Francisco. The car's description and license plate was broadcasted on the police department's radio channels.

Shortly thereafter, a plainclothes police officer located the stolen vehicle near the intersection of Market and Eighth streets.

The unmarked police officer notified dispatch and followed the vehicle in an unmarked police vehicle to the 300 block of Eddy Street, where additional marked police officers had arrived to assist.

The town car fled eastbound on Eddy Street as marked units arrived in the area.

Spike strips were laid down on Eddy Street to disable the suspect vehicle. To avoid the spike strips, the suspect steered the car onto the sidewalk, police said.

An officer standing on the sidewalk, fearing for his life and the life of other pedestrians in the area, discharged his firearm at the car, according to police.

The car continued on Eddy Street to Fifth Street. The suspect vehicle collided with a taxicab at Fifth and Mission streets in the South of Market neighborhood. Two vehicles in the vicinity were also hit during the collision, police said.

Officers arrived at the intersection of Fifth and Mission streets and located the suspect behind the wheel of the town car, according to police.

The suspect and four other people sustained injuries not considered to have been life threatening, police said.

The suspect, whose name has not been released, was then arrested without further incident, police said.

 

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San Francisco Bay Area Friday Morning News Roundup

Driver Of Stolen Car Flees SF Police, Crashes On Mission Street

A police officer fired shots at a stolen vehicle as the suspect behind the wheel attempted to flee in San Francisco's Tenderloin district late Thursday night, according to police.

At approximately 9:15 p.m. a black town car was reported stolen in San Francisco. The car's description and license plate was broadcasted on the police department's radio channels.

Shortly thereafter, a plainclothes police officer located the stolen vehicle near the intersection of Market and Eighth streets.

The unmarked police officer notified dispatch and followed the vehicle in an unmarked police vehicle to the 300 block of Eddy Street, where additional marked police officers had arrived to assist.

The town car fled eastbound on Eddy Street as marked units arrived in the area.

Spike strips were laid down on Eddy Street to disable the suspect vehicle. To avoid the spike strips, the suspect steered the car onto the sidewalk, police said.

An officer standing on the sidewalk, fearing for his life and the life of other pedestrians in the area, discharged his firearm at the car, according to police.

The car continued on Eddy Street to Fifth Street. The suspect vehicle collided with a taxicab at Fifth and Mission streets in the South of Market neighborhood. Two vehicles in the vicinity were also hit during the collision, police said.

Officers arrived at the intersection of Fifth and Mission streets and located the suspect behind the wheel of the town car, according to police.

The suspect and four other people sustained injuries not considered to have been life threatening, police said.

The suspect, whose name has not been released, was then arrested without further incident, police said.

East San Jose Couple Shot To Death In Apparent Murder-Suicide

A man and a woman were found shot to death in an East San Jose home Thursday afternoon from an apparent murder-suicide, according to police.

The shooting was reported around 4:30 p.m. in the 1800 block of Bermuda Way, police said.

The two are believed to have been romantically involved, and the man shot the woman and then himself, police Sgt. Jason Dwyer said.

A third person was the house with the two when the shooting happened who called police after going upstairs and finding the two dead, Dwyer said.

Police have not yet identified the two killed, but said both were in their 20s.

The house is in a suburban neighborhood across the street from William C. Overfelt High School.

Even as Bermuda Way was blocked off Thursday afternoon while police investigated, softball games continued on the high school grounds and children walked through the neighborhood carrying Valentine's Day balloons.

Two Men Injured In East San Jose Drive-By Shooting

Police are investigating a drive-by shooting that injured two men in East San Jose Thursday night.

Officers received a report of a shooting in the 100 block of Gramercy Place at about 10:32 p.m.

According to police, a person in an SUV drove through the neighborhood and fired multiple shots.

Two men standing outside a residence were struck by the gunfire, police said.

The suspect vehicle fled the scene and police have not identified any suspects.

Both victims were transported to a local hospital with injuries not considered to be life threatening, police said.

Police said the shooting is possibly gang-related and remains under investigation.

14-Year-Old Girl Fatally Struck By Vehicle In Antioch

A vehicle fatally struck a 14-year-old girl in Antioch Thursday evening, police said.

Officers received a report of an auto versus pedestrian collision at the intersection of Hillcrest Avenue and Hidden Glen Drive at about 6:42 p.m.

Upon arrival, officers discovered that a vehicle had struck a 14-year-old girl, while she was attempting to cross the street.

The girl was airlifted to a local hospital, where she later died from her injuries, police said.

The driver of the vehicle, as well as several witnesses, remained at the scene of the collision and provided accounts of the incident to investigators, police said.

The investigation into the incident is ongoing, but police said preliminary indications are that neither alcohol nor speed contributed in the collision.

The name of the victim has not been released, pending notification of family members, police said.

Alameda County Sheriff's Office Proposal For Drone Program To Be Reworked

The Alameda County Sheriff's Office brought a proposal to the county Board of Supervisors Public Protection Committee Thursday to purchase a small unmanned aircraft system, but amid privacy concerns from civil rights groups the committee made no decision on whether the program would move forward.

The unmanned aircraft, commonly called a drone, would have a number of proposed missions to improve public safety in Alameda County, sheriff's Capt. Tom Madigan said.

Some of the missions include crime scene preservation and documentation, support in explosive ordinance disposal, hazardous materials spills, search and rescue missions and public safety and life preservation, Madigan said.

In addition, fire authorities would be able to request response to use the drones to find hot spots, Madigan said.

Sheriff Gregory Ahern insists that the device is not a drone, which gives the impression of a weapon-baring military drone, but a system to assist in an on-mission circumstance only.

"There is no intention to add weapons to the system," Ahern said.

The system has been in the works for more than two and a half years, Ahern said Thursday at the hearing.

The sheriff's office has been in direct communication with the program's opposition, the American Civil Liberties Union of Northern California, to hash out any concerns, he said.

ACLU spokesman Will Matthews expressed privacy as the organization's top concern.

"Before a drone is deployed, we need to put into place strict privacy safeguards to ensure drones won't be used for warrantless mass surveillance," Matthews said.

Madigan said the drone, which weighs 4.4 pounds, will not invade anyone's privacy and would only be deployed by approval from a command-level officer with the rank of captain or higher.

It can only stay airborne for 12 to 25 minutes, "so it won't be patrolling Alameda County," he said.

Matthews said that the ACLU believes the sheriff's office is committed to take consideration of the privacy concerns, but the benefits of the drone still need to be assessed.

There are loopholes in the guidelines proposed by the sheriff's office that will allow alterations to the program without further Board of Supervisors approval, Matthews said.

Matthews said that with improving technology, the program could go from one that will include a lightweight drone that is in the air for a short period of time to a heavy-duty device that can stay airborne for several hours.

Large Anti-Domestic Violence Rally Held Outside San Francisco City Hall

Many San Francisco city officials -- even Sheriff Ross Mirkarimi -- joined about a thousand community members outside City Hall Thursday for a Valentine's Day rally as part of an international campaign against domestic violence.

Mayor Ed Lee and District Attorney George Gascon led the rally for One Billion Rising, a campaign meant to call attention to the statistic that one in three women and girls worldwide will be beaten or raped in their lifetimes, according to organizers.

Authorities shut down Polk Street in front of City Hall while people danced and held signs denouncing domestic abuse and other violent crimes.

"We all stand united to take a pledge to end violence against women and children for good," Lee said.

Gascon said, "We here in San Francisco are going to show no tolerance" for violent crime.

Kathy Black, executive director of La Casa de las Madres, a San Francisco-based domestic violence victim shelter, was among a group of victim advocates who also attended the rally.

"After a year of domestic violence being in the news, people were hungering for an event like this," Black said, referring to Mirkarimi's misdemeanor conviction for an incident in which he grabbed his wife's arm during an argument, causing a bruise.

He was sentenced to three years' probation and was suspended without pay by the mayor, but returned to his post in October after a prolonged administrative hearing that ended when the city's Board of Supervisors did not garner enough votes to remove him from office.

Mirkarimi, who organized a flash mob dance in the county jail Thursday to highlight the One Billion Rising campaign, also attended the rally outside City Hall but stood with his wife and young son on the steps away from the other city officials.

Mirkarimi said he was not invited to take part in the official rally.

"Did they send me a Valentine? No, they did not," he said. "That's not going to deter me. I'm not going to shy away from my advocacy and desire to see us do everything we can to eradicate violence and domestic violence," Mirkarimi said.

He said he has repeatedly reached out to the mayor's office to try to reconcile in the months after returning to his office as sheriff but has been met with silence.

"Crickets are chirping," he said.

Black said she thought it was "too bad" that Mirkarimi came to the City Hall rally, saying it was potentially distracting to its message.

Hundreds Duke It Out At Valentine's Day Pillow Fight

A Valentine's Day battle had feathers flying at the eighth annual "Great San Francisco Pillow Fight" Thursday evening.

Hundreds of participants armed with pillows filled Justin Herman Plaza at the foot of Market Street waiting for the Ferry Building clock to strike 6 p.m. to begin the fight.

One couple celebrating nine months since their wedding was waiting at the outskirts of the crowd to join in on the fight. They had purchased goggles to protect themselves from the clumps of feathers floating through the air and whacks to the head.

Oakland resident David Hamill, 39, surprised his wife, Faith, 34, with Valentine's plans to battle it out with pillows.

"I was looking for something fun to do for Valentine's Day," he said.

Organizers reminded participants to only hit those with pillows themselves, a rule attendees appeared to be following.

Angel Gonzalez, up from San Diego to celebrate his 25th birthday, joined the fight on a whim. His hair was covered in feathers.

"It's exhausting," he said, emerging from the center of the fight.

He noted his strategy was to do the "helicopter," which he demonstrated as swinging his pillow above his head and taking out everyone around him.

He said the best part of the fight was "bashing each other," but that "it's all out of love."

A mother-daughter team from Sebastopol came prepared with strategy.

"We thought of it as the 'Hunger Games'," 18-year-old Grace Woods said, as her mother, Amy, 47, caught her breath.

She explained that the pair waited on the outside of the fight until the weak gave up and then went in for their attack.

"It's a great way to release stress," Grace Woods said.

Her mother agreed. "It was aggressive out there," she said.

For 9-year-old Lily Wertheim, her favorite part was "whacking my mom."

Her mother, Karin Wertheim, came to San Francisco with her daughter on BART from Berkeley after friends recommended the fight as a Valentine's Day event.

Lily said she wanted to participate again next year, but next time she would "bring more padding and pillows."

Same-Sex Couples Hold Annual Marriage License Protest At Clerk's Office

Same-sex couples tried to get marriage licenses Thursday at the county clerk's office at San Francisco City Hall as part of a symbolic Valentine's Day protest against California's ban on gay marriage.

The annual action, organized by Marriage Equality USA, was preceded by a news conference at which organizers said they simply want the same rights as heterosexual couples.

"Just treat us equally in the eyes of the law," said Billy Bradford, an activist with the group. "We're not asking for much."

The U.S. Supreme Court on March 26 will hear oral arguments on whether to uphold or overturn Proposition 8, which voters passed in 2008 to amend the state's constitution to provide that "only marriage between a man and a woman is valid or recognized in California."

The court is expected to issue a decision in the case by the end of June.

Some city officials joined Thursday's news conference, including Supervisor Scott Wiener.

Wiener noted that during the annual event at City Hall, there are always weddings going on in the rotunda of the building.

"I know very soon everyone will be able to get married in that rotunda," he said.

While gay marriage remains not valid in California, same-sex couples are limited to registering with the state as domestic partners, a procedure Jeff Tabaco said, "had all the beauty and celebration of a business transaction."

Tabaco and Thom Watson are one of the couples waiting for gay marriage to be legalized in California and who went to the clerk's office to ask for a marriage license.

"We know we won't be able to get legally married today," Watson said. "We're asking for that same recognition until it's simply the way things are."

The group walked to the clerk's office while singing the song "What the World Needs Now Is Love" and chanting for marriage equality.

BART Announces Second Test of Expanded Bike Access

BART board members weighing a plan to increase both fares and parking rates at a meeting in Oakland Thursday said the proposal appeared to be unfair to those who park and ride.

The fare program currently before the board would continue a program of inflation-based increases through 2020, BART officials said Thursday. Riders could expect to see an approximately 5.2 percent increase in 2014, and estimated increases of around 3.9 percent in 2016, 2018 and 2020. The regular fare increases would generate estimated additional revenue of $325 million between 2014 and 2021, officials said.

BART officials are also considering an increase in parking rates at busy lots. Daily parking rates could increase by 50 cents every six months, with a possible cap of $2 or $3, under the current proposal.

BART's parking rates, particularly its long-term and airport parking, remain well below those of other comparable agencies, according to staff. Several BART directors noted Thursday, however, that the proposed parking rate increase penalizes those who drive to the station.

"If we go with the combination of CPI increases and parking charges, the average rider will have an increase of 5.2 percent, and if you drive you get an increase of almost 10 percent," Board member Joel Keller said.

"I don't think what's proposed today is fair to all our riders," Keller added.

A random BART survey indicated around 35 percent of riders drive to stations, staff said Thursday.

Board members said more options, such as shuttles or improved transit access, were needed for those who otherwise had little choice but to drive to stations.

At least one public comment, however, suggested that some drivers would accept an increase in parking rates if it made it easier to find a spot.

"We would be in favor of moving toward a more demand-based and simplified parking system," said Jessica Zink, with the Silicon Valley Leadership Group.

"The number one reason that people in the South Bay cite to me for not taking BART is uncertainty about finding parking," Zink said. "For the majority of people who drive and park, income is not really an issue, the issue is access."

Solano Pilots Association Pays Tribute To Pilot Killed In Crash

Solano County pilots are paying tribute Thursday to fellow aviator Jeffrey Sharman who died Wednesday afternoon when his single-engine, fixed-wing experimental plane crashed near Interstate Highway 505 near Winters.

The Solano Pilots Association website said Sharman, 68, of Vacaville, was a well-known and respected friend who was responsible for building many experimental aircraft, and he died doing what he loved, flying.

"Affectionately referred to as 'The Gnome' by his friends, Jeff was eager to help anyone with a repair, to give his view in national and world politics, or even to point you in the right direction if he didn't have the equipment to help," according to the website.

Vacaville dentist David Aronson said Sharman was flying an Avions Fairey Tipsy Nipper T-66 Wednesday.

A witness told the California Highway Patrol the wing came off and the plane spiraled to the ground shortly after 4 p.m. Wednesday. The Federal Aviation Administration and National Transportation Safety Board are investigating the crash.

"He had a great sense of humor and was an outstanding fellow," Aronson said. "We'll miss him terribly."

Sharman, owner of Sharman Enterprises, was instrumental in restoring, building, dismantling and shipping certified aircraft, Aronson said.

A native of South Africa, Sharman leaves his wife Sheila and son Billy. Aronson said he hasn't discussed plans with Sheila for a memorial.

The Sacramento RVators also paid tribute to Sharman on its website. Its 96 members are interested in Van's RV series of aircraft and Harmon/F1 Rockets.

"The entire aviation community will miss him," the group said on its website.

BART Board Weighs Increases To Fares, Parking Rates

BART will conduct a weeklong test program allowing bicycles on all trains at all hours next month, officials announced Thursday.

Currently, bikes are banned from all trains during commute hours, a policy that has been the subject of protest from bicycle commuters for years.

The pilot program, which will run from March 18 through 22, will prohibit bikes from the front three cars of all trains during commute hours, 7 a.m. to 9 a.m. and 4:30 p.m. to 6:30 p.m. Bikes are prohibited from the first car at all times for safety reasons, officials said.

The pilot program is the second test expansion of bicycle access to BART this year. In August, bicycles were allowed on all trains at all stations every Friday.

"Some people feared disastrous consequences if bikes were allowed during commute hours, but the August pilot showed that just doesn't happen," said Shirley Jackson, a member of BART's bicycle advisory task force. "Everything went really well."

Bicycle advocates greeted the news of the second pilot program with enthusiasm.

"We heard from countless bike riders on both sides of the Bay that the August pilot opened up regional commuting by bike for both experienced bike riders and those wanting to give it a try for the first time," said Leah Shahum, executive director of the San Francisco Bicycle Coalition, in a statement.

If the second pilot is deemed a success, BART staff will return to the board with a proposal for permanent changes to bike policy.

BART is also working to reconfigure cars to allow more space for bikes, strollers, luggage and wheelchairs, officials said Thursday.

Reconfigurations should be complete by June this year. Efforts are also underway to expand bike parking and lockers.

Man Who Shot Pittsburg Officer Was On Probation For Drug, Weapons Crimes

Police have identified a man who shot and wounded a police officer in an exchange of gunfire in Pittsburg Tuesday night.

Troy Aben Makanski, 30, of Oakley, was arrested after allegedly shooting at two police officers during a pursuit Tuesday night, according to Lt. Ron Raman.

The suspect was on probation and had three active felony warrants for his arrest in connection with weapons, drugs and probation violation at the time of the shooting, Raman said.

Police said two officers attempted to contact Makanski near the intersection of Maple and East 12th streets around 11:30 p.m. Tuesday, but he fled on foot as they approached.

The suspect then grabbed a gun and shot at the officers, hitting one of them at close range in the back, according to Raman.

The officers returned fire, hitting the suspect, who is in stable condition at a hospital.

The officer who was hit was wearing protective gear that prevented the bullet from penetrating his body. He was treated for his wounds at a hospital and released.

Both officers involved in the shooting are police veterans with more than five years of experience. The two have been placed on three days of administrative leave, following police protocol after an officer-involved shooting, Raman said.

"Our officers come to work with the unfortunate reality that these types of incidents can occur at any time," the lieutenant said. "This incident unfolded quickly and our officers reverted to their training and reacted to the threat on their life. Their actions were heroic and we are glad that they are okay."

Makanski will be transported to county jail upon his release from the hospital.

Sam Man Suspected Of Robbing Two Sonoma County Banks Today And Another In February

Police believe the same man robbed the US Bank in two Safeway stores in Rohnert Park and Santa Rosa within 17 minutes Thursday morning. He also is suspected of robbing the Chase Bank in the Raley's store in Santa Rosa on Feb. 1, Santa Rosa police Sgt. Dave Linscomb said.

A suspect entered the US Bank in the Safeway Store at 6340 Commerce Blvd. in Rohnert Park around 10:27 a.m., Rohnert Park police said.

He demanded cash from a teller and left. No weapon was seen. That suspect was described as a Hispanic man between 5 feet 4 inches and 5 feet 6 inches tall and weighing 200-250 pounds. He had bleached hair and a black goatee, Rohnert Park police said.

The suspect who robbed the US Bank in the Safeway store on Mendocino Avenue in Santa Rosa around 11:14 a.m. also gave the teller a note demanding money, Linscomb said.

The suspect implied he was armed, but did not show a gun, and fled east with the cash, Linscomb said.

That suspect was described as approximately 5 feet 5 inches tall with a stocky build and a goatee, Linscomb said. He was wearing a gray hooded sweatshirt, blue jeans and a black baseball hat, Linscomb said.

The suspect in the Chase Bank robbery in the Raley's store at 1407 Fulton Road at 10:10 a.m. on Feb. 1 was described as a Hispanic man in his late 20s, 5 feet 6 inches tall and between 160-170 pounds. He was wearing a gray hooded sweatshirt and black jeans.

Linscomb said based on the common descriptions of the suspects, one man he is believed to be responsible for all three heists.

US Bank is offering a reward up to $25,000 for information that leads to the arrest and conviction of the suspect in any US Bank robberies.

Anyone with information is asked to call Rohnert Park police at (707) 584-2600 or Santa Rosa police at (707) 543-3590.

San Francisco Bay Area Weather Report

Sunny skies are likely in the Bay Area this morning. Highs are likely to be in the mid 60s, with northern winds up to 10 mph.

Mostly clear skies are likely this evening. Lows are expected to be around 50, with northeast winds up to 10 mph.

Sunny skies are likely Saturday. Highs are expected to be in the lower 60s, with winds up to 10 mph.

Alameda Elementary School Closed Due to Fatal Shooting

An elementary school near San Leandro is closed today as sheriff's deputies investigate the fatal shooting of a young man on the campus Wednesday night, a sheriff's sergeant said.

Deputies responded to a report of shots fired at Hillside Elementary School at 15980 Marcella St. at about 8:45 p.m., sheriff's Sgt. J.D. Nelson said.

When they arrived, they found a man suffering from a gunshot wound, Nelson said.

The victim, believed to be 18 or 19 years old, was transported to Eden Medical Center where he was pronounced dead, he said.

Nelson said Hillside Elementary is shut down for the day as deputies search the grounds.

It is unknown what led to the shooting, but Nelson said investigators are looking into the possibility that it stemmed from a dice game.

This is the first homicide that the Alameda County Sheriff's Office has investigated this year.

 

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Public Funds Approved for Bay Bridge Celebration

Plans that include millions of taxpayer dollars for the opening celebrations this September for the new eastern span of the Bay Bridge were pushed forward this morning by a Bay Area Toll Authority committee.

The BATA Oversight Committee unanimously approved a $5.6 million contract to organize private-public funded events at the opening of the bridge this September, which includes a walk, bike ride and half-marathon race across the bridge and a fireworks display.

The full Bay Area Toll Authority board will give the final say at a Feb. 27 meeting about the contract with Richmond-based firm Hartmann Studio to organize services for the event.

The $5.6 million plan would cover transportation, operations and public safety costs during the day-and-a-half Labor Day weekend celebratory extravaganza on Sept. 1 and 2.

The Bay Bridge Alliance, a nonprofit organization formed in 2011 that, in part, aims to support the opening of the new Eastern span, is funding free public events and other fee-based activities.

MTC spokesman Randy Rentschler said the BBA has already secured several million dollars that will go toward festivities, such as fireworks and a light display visible from the East Bay and San Francisco eastern waterfront on the night of Sept. 1.

If more private sector funding is brought in, the BBA has plans to hold a larger celebration similar to the Oracle OpenWorld music festival held on Treasure Island last year.

The BBA is organizing a bridge bike ride on the morning of Sept. 1, with participants paying a fee to register and ride from the Oakland side and back, or a concurrent route from San Francisco and back.

On Sept. 2, a fee-based half-marathon from Oakland City Hall to San Francisco City Hall and a 10K running course put together by the BBA would be held early Labor Day morning, followed by a chain-cutting ceremony -- a tradition in the bridge-building industry, Rentschler said.

Fees from the bicycle ride and runs aim to bring in additional support that the BBA would put toward the firework show and other opening fêtes such as a Sept. 1 dedication ceremony at the newly-erected self-anchored suspension tower that the governor, local mayors and other dignitaries are invited to attend.

The public bridge walk would set off starting at 8:30 a.m. and run until 6:30 p.m. with Hartmann Studios facilitating transportation and ticketing starting in Oakland and heading into San Francisco.

Participants comprising of up to 15,000 walkers per hour would register for free tickets for a time slot for pick up at an Oakland BART station where shuttle buses would deliver passengers to the Oakland base of the bridge.

Waves of groups would walk the length of the bridge, about 6 miles long, with an anticipated 125,000 participants making it across throughout the day.

There will be 300 buses dropping off participants every hour.

The walk will head westbound on five lanes of the bridge, with participants able to return on BART, which will provide extra transit service.

Rentschler said preparations are being worked out with Caltrans to assure that the density of people will be safe on the bridge and that there is traffic control in the surrounding areas during the walk.

A large portion of the $5.6 million for the walk and surrounding events will go toward buses, setting up temporary bus depots, staffing event organizers and medical and sanitation personnel and equipment.

Nearly $1 million of the budget is for contingency plans and organizers hope it will be slashed come September.

BATA Oversight Committee vice chair and Berkeley Mayor Tom Bates shared his support for the large-scale public events as part of the opening.

"This will be a monumental event in the Bay Area," Bates said this morning.

Some commissioners aired concerns about the festivities including the high cost relying on toll funds and limitations on the number of people able to participate in the bridge walk.

Rentschler conceded that planning for the opening is running against the clock.

"In a perfect world we would have had recommendations six months ago," he said. Despite some planning, cost and logistical concerns, the committee unanimously approved the contract.

The opening events will follow a four-day construction closure starting at 8 p.m. on Aug. 28 to realign the Oakland approach to the new span.

That will require paving and lane striping, as well as demolition of a portion of the upper deck of the existing bridge, Rentschler said.

The bridge is expected to be open to traffic no later than 5 a.m. on Sept. 3.

The new $6.3 billion section of the bridge includes a self-anchored suspension span, which covers a 2,047 feet of the bridge east of Yerba Buena Island.

More information about the Bay Bridge opening is available at http://www.baybridgecelebration.com.

 

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San Francisco's Red Bull Youth America Cup Begins

Racing starts today for several international youth sailing teams in San Francisco this week to vie for a spot in the Red Bull Youth America's Cup later this year.

Six teams from around the world are racing today through Friday to try to make it to the September event, which will serve as a precursor to the America's Cup Finals later that month.

The teams, from countries including Australia, New Zealand, South Africa and Germany, were introduced alongside some of the sport's top sailors at a news conference at Pier 80 in San Francisco this morning.

Ben Ainslie, who won a gold medal in the recent Olympic Games in London, said America's Cup used to be "an older guy's sport" but has transformed in recent years to be more accessible to youth.

Jimmy Spithill, skipper of Oracle Team USA, the defending America's Cup champion, said the new high-tech boats being used in the races the past few years require younger and stronger sailors.

"It's so physical now, it really is a young man's game," Spithill said.

The teams of men ages 19 to 24 will race today through Friday, while six more will battle next week for the chance to join the youth race, which runs from Sept. 1-4 and already includes American Youth Sailing Force, the team associated with Oracle Team USA.

Ian Andrewes, skipper of the San Francisco-based U.S. team, said they have some Bay Area locals, which should provide a home-field advantage over the international teams.

Andrewes said the team's ties to Oracle Team USA also give them a leg up on the competition.

"We sort of consider ourselves the little brother team to Oracle," he said. "The knowledge we learn from them is great."

Andrewes said he has been paying attention to the recent fundraising issues that have come to light for the sailing races.

When Oracle CEO Larry Ellison agreed to bring the race to San Francisco after his team won the previous race in 2010, the America's Cup Organizing Committee pledged to raise more than $30 million in private donations to recoup the city's costs for the event.

However, fundraising efforts have stalled and the city could be on the hook for upwards of $20 million, Mayor Ed Lee said this week.

Lee said the city is offering naming rights along the waterfront among other ways to raise more money.

Andrewes said the lack of funds could affect how many people are able to view the youth race.

He said their race will also be affected by the closure of the Bay Bridge, planned for Labor Day weekend, as the new eastern span of the bridge prepares to open.

"We want people to come out and see it," he said.

"We consider ourselves the home team and want people to support it."

Today's event also included an up-close look at the Oracle Team USA 72-foot catamaran that was repaired after being badly damaged when it capsized during a training run last year.

That boat will be used during the three-team America's Cup Finals, scheduled from Sept. 7-21.

More information about the races can be found online at www.americascup.com.

 

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San Francisco Bay Area Thursday Morning News Roundup

One Dead in Experimental Plane Crash Near Winters

The pilot of an experimental aircraft was reportedly killed when the plane went down near Winters Wednesday afternoon, authorities said.

The small plane, an Avions Fairey Tipsy Nipper T-66, crashed around 4:15 p.m., Federal Aviation Administration spokesman Ian Gregor said.

It crashed near northbound Interstate Highway 505 just north of Wolfskill Road, CHP Officer Chris Parker said.

One person was killed in the crash, likely the pilot, and was pronounced dead at the scene, Solano County sheriff's Lt. Brad DeWall said.

He said that investigators are looking to see if anyone else was on board the aircraft, but suspect that there were not.

The CHP said that the wing reportedly came off the plane.

The FAA and National Transportation Safety Board are investigating the crash, and the NTSB is the lead agency, Gregor said.

Bomb Found in Santa Clara Home Of Man Charged with Threating A Public Official

A "usable" bomb found Wednesday afternoon in the Santa Clara home of a man charged with threatening a public official will be blown up today in a trailer to contain the blast, a California Highway Patrol spokesman said.

Members of the CHP's Hazardous Device Detail, working with the Santa Clara County Sheriff's bomb squad, found a "useable device" -- an explosive -- at about 3 p.m. and plan to place it into the trailer to blow it up, said Sean Kennedy, spokesman for the CHP's Protective Services Division.

The detail had considered digging a hole in the front yard of the home at 3131 Humboldt Ave.

in Santa Clara, to destroy it with an explosive charge as they did another explosive device found Tuesday, but decided it would be safer to contain the explosion in the trailer, Kennedy said.

The discovery of the bomb came after the CHP and sheriff's deputies Wednesday resumed their search inside the residence of Everett Basham, 45, who was arrested for threatening or intimidating a public official and other charges Tuesday.

"We keep turning over a page and finding something new every time," Kennedy said. Officers from the CHP's Protective Services Division arrested Basham at 10:45 a.m.

Two hours later, at about 12:45 p.m., officers from the CHP's SWAT unit executed a search warrant at Basham's home, observed dangerous chemicals in the residence and notified the CHP's Hazardous Device Detail, Kennedy said.

The detail's officers went into the home and were later joined by the Santa Clara County sheriff's bomb squad, Kennedy said.

"They found the precursors for homemade explosive items," Kennedy said.

As they catalogued and removed some of the items, officers became concerned that one article could be an explosive, Kennedy said.

Rather than risk an explosion if they put it into a vehicle, the officers decided to blow it up in the home's front yard, Kennedy said.

"They dug two holes and lined them up with sandbags," Kennedy said.

"They detonated around it and caused it to be destroyed without letting the item explode."

"For the safety of all, they decided it was safer to do it in the front yard," he said.

CHP officers and the sheriff's bomb squad are continuing to search Basham's home Wednesday, Kennedy said.

Basham is being held in Santa Clara County Jail without bail, sheriff's spokesman Sgt. Jose Cardoza said.

He was arrested on suspicion of making criminal threats, threatening or intimidating a public official, igniting or attempting to ignite an explosive device with the intent to commit murder, and unlawful possession of a concealed firearm, Cardoza said.

Man Fatally Struck by Vehicle in Hayward on Industrial Boulevard

A man was fatal struck by a vehicle in Hayward Wednesday evening, according to police.

Shortly before 7 p.m., police and fire crews responded to the area of Industrial Boulevard and Baumberg Avenue on reports that a person had been struck by a vehicle.

Emergency personnel arrived at the scene to find a person on the ground in the middle of southbound Industrial Boulevard, police said.

The pedestrian was pronounced deceased at the scene, police said.

According to police, the driver of the vehicle remained at the scene and cooperated with the investigation.

Based on a preliminary investigation, the vehicle was traveling southbound on Industrial Boulevard when a man crossed into the roadway and was fatally struck.

The man was not in a crosswalk when he attempted to cross traffic, police said.

Neither alcohol nor drug use is believed to be a factor in the collision, police said.

The cause of the collision remains under investigation.

The Alameda County coroner's bureau has not released the identity of the pedestrian, pending notification of his family members.

Racing Starts For San Francisco Red Bull Youth America's Cup

Racing started Wednesday for several international youth sailing teams in San Francisco this week to vie for a spot in the Red Bull Youth America's Cup later this year.

Six teams from around the world are racing Wednesday through Friday to try to make it to the September event, which will serve as a precursor to the America's Cup Finals later that month.

The teams, from countries including Australia, New Zealand, South Africa and Germany, were introduced alongside some of the sport's top sailors at a news conference at Pier 80 in San Francisco Wednesday morning.

Ben Ainslie, who won a gold medal in the recent Olympic Games in London, said America's Cup used to be "an older guy's sport" but has transformed in recent years to be more accessible to youth.

Jimmy Spithill, skipper of Oracle Team USA, the defending America's Cup champion, said the new high-tech boats being used in the races the past few years require younger and stronger sailors.

"It's so physical now, it really is a young man's game," Spithill said.

The teams of men ages 19 to 24 will race Wednesday through Friday, while six more will battle next week for the chance to join the youth race, which runs from Sept. 1-4 and already includes American Youth Sailing Force, the team associated with Oracle Team USA.

Ian Andrewes, skipper of the San Francisco-based U.S. team, said they have some Bay Area locals, which should provide a home-field advantage over the international teams.

Andrewes said the team's ties to Oracle Team USA also give them a leg up on the competition.

"We sort of consider ourselves the little brother team to Oracle," he said.

"The knowledge we learn from them is great."

Ten Years After Pinole Woman's Body Found, Richmond Man Faces Judgment

More than a decade after a missing Pinole woman's body turned up in the Nevada desert, a preliminary hearing began in Richmond Wednesday for the man accused of killing her.

Raymond Wong, 41, formerly of Pinole, appeared in Contra Costa County Superior Court for a preliminary hearing Wednesday, a year after pleading not guilty to murder charges in the 1999 killing of 21-year-old Alice Sin, his live-in girlfriend and son's mother.

In addition to the murder charge, Wong is also charged with the special circumstance allegation that he killed Sin for financial gain.

According to police, the defendant fled the United States for China and re-entered the country on Dec. 19, 2011, at San Francisco International Airport using a fake passport.

Customs officers alerted Pinole police, who amassed enough evidence over the next few days to arrest Wong on suspicion of murder in Pinole on Christmas Eve.

Wednesday morning, Judge Patricia Scanlon heard from law enforcement officers who helped shed light on the events surrounding the young mother's slaying.

Napa police Officer Peter Piersig, who worked as a Pinole police officer at the time of Sin's murder, recalled on the witness stand how Wong called police on Nov. 22, 1999, to report that Sin had gone missing the day before.

Piersig said Wong reported that Sin, a student at Diablo Valley College in Pleasant Hill, had left their shared home at 3229 Estates Drive the previous morning, possibly to study.

When asked, Wong told the officer that he and Sin had not been fighting and said that she had been acting normal.

But police and prosecutors believe that Wong murdered Sin for financial gain in Nevada shortly before Wong reported her missing.

Police said during their initial investigation that it appeared Wong was the beneficiary of a life insurance policy Sin had applied for.

Her remains were discovered two months later off of a remote roadway in rural Churchill County, Nev.

The decomposed corpse was found with four bullet wounds and was surrounding by shell casings, according to police.

While Wong was immediately identified as a person of interest in the case, police were initially unable to link him to the murder.

Federal and State Officals Release Report on Causes of August Richmond Reginery Fire

Federal and state safety officials released a technical report Wednesday on the massive August 2012 fire at Chevron's refinery in Richmond, saying severe corrosion and damage from a fire pike were found on the leaky pipe that sparked the blaze.

The U.S. Chemical Safety and Hazard Investigation Board (CSB) and the California Division of Occupational Safety and Health (Cal/OSHA) released the report on the Aug. 6, 2012, fire.

The blaze caused minor injuries to six people and a toxic plume that spread for miles and prompted more than 15,000 people to go to area hospitals complaining of breathing problems.

The metallurgical report, prepared by Hayward-based Anamet Inc., concluded that an 8-inch steel pipe that was installed in 1976 ruptured due to severe sulfidation corrosion and that pipe samples showed a very low concentration of corrosion-inhibiting silicon.

The report also noted a deformation found in the pipe that was likely caused by a fire pike used during the refinery's emergency response to the blaze.

CSB chairman Rafael Moure-Eraso said in a statement that he hoped the report "receives widespread attention throughout the petrochemical industry as a precaution to all refiners to carefully examine potential corrosion mechanisms and use the safest possible materials of construction to avoid failures."

Cal/OSHA chief Ellen Widess added, "This report confirms what Chevron already knew -- that the pipe was severely corroded and should have been replaced -- but failed to act on before the August fire."

Last month, Cal/OSHA fined Chevron $963,200 for 25 alleged worker safety violations before, during and after the pipe ruptured at the refinery.

The company has announced it will appeal the citations, and also issued a statement Wednesday in response to the technical report.

"While we do not agree with some of the characterizations in the CSB news release, we are committed to discussing the findings from our investigation and our corrective actions with the investigating agencies prior to release of the report and restart of the crude unit," Chevron said in the statement.

Fifty Firefighters Respond to Healdsburg Business Fire

Rags containing wood stain ignited and caused the fire at the building housing two rental businesses in Healdsburg Tuesday night, Healdsburg Fire Chief Steven Adams said Wednesday afternoon.

The rags were left out in the open in a back storage area of the Encore Events party rental company that shared the building at 1430 Grove St. with Aaction Rents, which rents tractors, bulldozers, trucks and other heavy equipment.

Pallets and wood tables and chairs caught fire after the rags ignited, Adams said.

The used rags should have been stored in a metal can with a lid or in water to prevent oxygen from drying them out until they combusted, Adams said.

"There isn't a significant (fire) warning label on the cans that contain linseed-based oil," Adams said.

The fire was reported at 8 p.m. Tuesday and firefighters were still at the scene until around 2 a.m.

Wednesday. The blaze caused at least $500,000 in damage, Adams said.

Both businesses shared a common attic. Firefighters used forklifts and other equipment from Aaction Rents to remove wooden tables 10 feet high out of the Encore Events area of the building.

Fifty firefighters from Healdsburg, Windsor, Rincon Valley, Cloverdale, Geyserville and Santa Rosa responded to the blaze.

Public Funds Approved for Bay Bridge Opening Celebration 

Plans to use millions of taxpayer dollars to celebrate the opening of the new eastern span of the Bay Bridge this September were pushed forward Wednesday morning by a Bay Area Toll Authority committee.

The BATA Oversight Committee unanimously approved a $5.6 million contract to organize private-public funded events at the opening of the bridge this September, which includes a walk, bike ride and half-marathon race across the bridge and a fireworks display.

The full Bay Area Toll Authority board will give the final say at a Feb. 27 meeting about the contract with Richmond-based firm Hartmann Studio to organize services for the event.

The $5.6 million plan would cover transportation, operations and public safety costs during the day-and-a-half Labor Day weekend celebratory extravaganza on Sept. 1 and 2.

The Bay Bridge Alliance, a nonprofit organization formed in 2011 that, in part, aims to support the opening of the new Eastern span, is funding free public events and other fee-based activities.

MTC spokesman Randy Rentschler said the BBA has already secured several million dollars that will go toward festivities, such as fireworks and a light display visible from the East Bay and San Francisco eastern waterfront on the night of Sept. 1.

If more private sector funding is brought in, the BBA has plans to hold a larger celebration similar to the Oracle OpenWorld music festival held on Treasure Island last year.

The BBA is organizing a bridge bike ride on the morning of Sept. 1, with participants paying a fee to register and ride from the Oakland side and back, or a concurrent route from San Francisco and back.

On Sept. 2, a fee-based half-marathon from Oakland City Hall to San Francisco City Hall and a 10K running course put together by the BBA would be held early Labor Day morning, followed by a chain-cutting ceremony -- a tradition in the bridge-building industry, Rentschler said.

Fees from the bicycle ride and runs aim to bring in additional support that the BBA would put toward the firework show and other opening fêtes such as a Sept. 1 dedication ceremony at the newly-erected self-anchored suspension tower that the governor, local mayors and other dignitaries are invited to attend.

The public bridge walk would set off starting at 8:30 a.m. and run until 6:30 p.m. with Hartmann Studios facilitating transportation and ticketing starting in Oakland and heading into San Francisco.

Participants comprising of up to 15,000 walkers per hour would register for free tickets for a time slot for pick up at an Oakland BART station where shuttle buses would deliver passengers to the Oakland base of the bridge.

Waves of groups would walk the length of the bridge, about 6 miles long, with an anticipated 125,000 participants making it across throughout the day.

There will be 300 buses dropping off participants every hour.

The walk will head westbound on five lanes of the bridge, with participants able to return on BART, which will provide extra transit service.

Two Palo Alto High School Students Arrested on Charges of Bring Weapons to School

Two Palo Alto High School students were arrested on suspicion of bringing weapons to school in unrelated incidents Friday and Monday but did not brandish them or make threats on campus, a police spokeswoman said.

In each case, the juveniles had the weapons -- neither of them firearms -- in their backpacks and students reported them to school officials who quickly called police, making lockdowns unnecessary, Palo Alto police Sgt. Kara Apple said.

"Everything happened as it should in both of these incidents, which is fortunate," Apple said.

The school learned about the weapons, a stun gun and a cork-shooting air gun, from student witnesses during open lunch period when classes are out and a lockdown would have been "very difficult," Apple said.

"The weapons were never brandished and there was no threat to use them on campus," Apple added. "You had students come quickly to the school staff."

On Friday, at about 1:25 p.m., police were called to the high school at 50 Embarcadero Road by school staff about a student with a stun gun on campus, Apple said.

Earlier, the student alleged to have the stun gun had walked off campus during lunch with another student to buy and sell marijuana to each other, Apple said.

The suspect produced the stun gun and tried twice to apply the weapon to the victim, who was able to get away without injury, Apple said.

The victim went back to school and reported the incident to school authorities.

The school authorities called police and notified the student's parents.

Police found the commercially sold stun gun inside the suspect's backpack and placed the student under arrest on suspicion of bringing a weapon to school, Apple said.

On Monday, at about 11:45 a.m., officers were dispatched to the secondary school on another report of a weapon on campus.

Students told school authorities that another student had showed them a makeshift weapon, Apple said.

When police arrived, they recovered from the suspect's backpack a homemade fake gun with a carbon dioxide container that shoots air to propel rubber corks, Apple said.

The student told police that he unintentionally left the weapon inside his backpack over the weekend and was going to walk home during lunch to drop it off, Apple said.

The suspect's parents were notified and the student was arrested on suspicion of taking a weapon to school, Apple said.

Redwood City Proposes Reusable Bag Ordiance

Shoppers may soon be forced to carry a reusable bag or cough up a dime to pay for a single-use paper bag when they shop in Redwood City, the latest in a string of Peninsula cities deliberating a reusable bag ordinance.

In the first of two scheduled informational meetings at the city's downtown library Wednesday afternoon, city officials laid out plans for the Redwood City Council to vote on the ban at its March 11 meeting.

If approved, the ban would go into effect April 25. The proposed ordinance bars the distribution of single-use plastic carry-out bags by all retailers except restaurants and non-profits and requires retailers to charge 10 cents per paper bag used until 2015, when that price jumps to a quarter per bag.

According to Redwood City Public Communications Manager Malcolm Smith, the bag bans are a trend in cities throughout the region and state.

"Bay Area wide, the bans are pretty consistent," he said.

"Most people realize that it makes sense and see how many bags they don't use.

It has been found that one reusable bag replaces about 600 in a lifetime," Malcolm said.

The city's consideration of a plastic bag ban follows San Mateo County Board of Supervisors' Nov. 6 passage of a Reusable Bag Ordinance that will become effective on April 22.

The county ban will prohibit all retail stores, except restaurants and non-profits, from distributing plastic carry-out bags to their customers, and also adds the 10-cent charge to any paper bags provided to customers by retailers.

There are a few other exemptions including protective bags for produce, dry-cleaning and newspapers.

As of last week, the cities in the county that have passed a bag ordinance are Belmont, Colma, Daly City, Foster City, Menlo Park, Pacifica, Portola Valley, San Bruno, San Carlos and South San Francisco.

The purpose of the ordinances are to decrease litter and promote the use of reusable bags as an alternative to plastic bags, according to Waymond Wong, county hazardous materials and pollution prevention program supervisor.

According to the county, 20 billion single-use plastic grocery bags are used every year in California, and most end up in landfills, or as litter on land and in our waterways.

In Redwood City, it is estimated that 42 million bags are used each year, according to Smith.

The ordinance, he said, could potentially reduce the city's annual use of plastic bags by 95 percent, or about 2 million per year.

Smith said there has been no opposition to this ordinance at this point.

He plans to hold another informative meeting for community members on Feb. 19 at 7 p.m. at the downtown library at 1044 Middlefield Road, Redwood City.

Bay Area Weather for February 14

Mostly cloudy skies and patchy fog are likely in the Bay Area this morning, becoming sunny later in the day. Highs are likely to be in the mid 60s, with winds up to 5 mph. Mostly clear skies are likely this evening. Lows are expected to be in the upper 40s, with northeast winds up to 15 mph. Sunny skies are likely Friday. Highs are expected to be in the mid 60s, with northeast winds up to 15 mph.

 

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San Francisco Couple Renews Vows for Bone Marrow Drive

While visitors to San Francisco City Hall often see weddings taking place, one held there today had a special purpose and a special officiant.

Attorney General Kamala Harris oversaw the renewal of vows for Lateefah Simon and Kevin Weston as part of a campaign aimed to recruit people to join the registry of possible bone marrow donors.

Weston, 44, was diagnosed in August 2012 with an extremely rare form of leukemia and the couple -- who met in Harris' office when she was San Francisco's district attorney -- were initially married the next month while he was in intensive care at a hospital.

Prior to the renewal of their vows late this afternoon, organizers gathered about 85 new potential donors to the registry and are encouraging others, particularly people of color, to sign up as well.

"We've got to increase knowledge about this, we can actually save some lives," said Ayoka Turner, one of the organizers of the campaign.

"If you're a person of color, specifically black people, you simply don't have the opportunities to have a match like other races."

According to Be the Match, a group that helps gather potential bone marrow donors, only about 7 percent of the people on the national registry are black.

Weston is a longtime Bay Area journalist and a John S. Knight journalism fellow at Stanford University while Simon is a MacArthur Genius grant recipient for her civil rights work.

The couple has a 1-year-old daughter and Weston is stepfather to Simon's teenage daughter.

Harris, who said she has known Simon for nearly 20 years, called them "an extraordinary couple" who has done great work in the community.

"But now the time has come for them to actually advocate not for everybody else but for themselves ... and the need for the marrow donorship base to be expanding because so many other people have the same problem," she said.

More information about the couple's story is available online at www.kevinandlateefah.com.

People interested in joining the bone marrow registry can call (800) MARROW-2 or visit online at www.bethematch.org.

 

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Mayor Ed Lee Promotes Community Benefit Districts

San Francisco Mayor Ed Lee and other city officials today lauded community benefit districts after a recent report found they tend to be cleaner and safer than other similar neighborhoods in the city.

The report by the city's Office of Economic and Workforce Development looked at the community benefit districts, public-private partnerships in which property and business owners pay special assessments toward the improvement and maintenance of a neighborhood.

San Francisco's first CBD was created at Union Square in 1999 and has since expanded to 13 around the city, including at Fisherman's Wharf, Central Market, Civic Center, Ocean Avenue and in Noe Valley, the site of today's news conference.

The report found that CBDs had cleaner streets than similar ones in their supervisorial districts, and that the neighborhoods also experienced declining crime compared to citywide trends.

Lee said the community benefit districts were about "people rediscovering and reinvesting in their neighborhoods."

Supervisor Scott Wiener, whose district includes the Noe Valley CBD, said the neighborhood benefits from the public-private partnership.

"It makes all the difference in the world," Wiener said. "You have every day, 7 days a week, eyes and ears, people who are in the neighborhood cleaning it, helping to keep it safe, who notice something that may be going wrong before it gets to a breaking point."

Noe Valley Association CBD executive director Debra Niemann said the partnership is "more than just planting trees or putting out a park bench."

She said, "It changes the feeling people have about a neighborhood. It gives them ownership, it gives them pride, it gives them a great sense of belonging."

The success of the community benefit districts is leading city officials to create more of them.

Several are in the planning and formation process, including along Broadway, The Embarcadero and in the Rincon Hill neighborhood, according to the mayor's office.

A copy of the report on CBDs is available online at http://www.oewd.org/Neighborhood-Revitalization-Community-Benefit-Distri....

 

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Al Gore to Speak in the Bay Area

Former United States Vice President Al Gore is making three appearances in the Bay Area on Tuesday and Wednesday.

Gore will discuss his current book 'The Future: Six Drivers of Global Change' at the Commonwealth Club of California at the Santa Clara Marriott at noon Tuesday and at 7 p.m. Wednesday at Dominican University's Angelico Hall in San Rafael.

He and author Barbara Kingsolver will engage in a conversation about art and politics at the Herbst Theater in San Francisco at 7:30 p.m. Tuesday.

The event is sold out.

Tickets were still available this morning for the Santa Clara and San Rafael events.

Tickets are $45 for the Dominican University speaking engagement and are available by calling Book Passage in Corte Madera at (415) 927-0960 or at www.bookpassage.com.

Tickets for the Santa Clara event are $50 for non-Commonwealth Club members, $35 for members and $10 for students at the Santa Clara event.

The ticket prices, excluding the $10 student ticket, include an autographed copy of Gore's book.

Opponents of PG&E's SmartMeters plan to protest Gore's appearance at the Herbst Theater.

The NO SMART METERS SF group claims Gore is an advisor to Silver Spring Network Inc., a global smart grid technology company responsible for the SmartMeters network.

Gore is a 2007 Nobel Peace Prize co-recipient for his warning about the dangers posed by climate change and is chair of The Climate Reality Project.

His book addresses drivers of global climate change that include advancements in energy systems, agriculture and transportation and digital communication.

 

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Tuesday Morning Roundup

14 Year Old Boy Hospitalized After being Hit by Car in Concord

A 14-year-old boy was hospitalized with life-threatening injuries when he was hit by a car while crossing Solano Way in Concord Monday, according to police.

Contra Costa County firefighters responded to a call at 1:26 p.m. of a collision involving a vehicle and a pedestrian at Solano Way at Grant Street.

They discovered that the boy, a Concord resident, had been walking across Solano Way in a crosswalk when a 2004 Scion traveling west struck him, police said.

The boy was transported to John Muir Medical Center and later transferred to Children's Hospital Oakland.

The intersection was closed for several hours while police investigated.

The driver is not believed to have been drunk or speeding, police said.

Fremont Robbery Suspects Arrested in Newark Motel

Two suspects in a Fremont bank robbery were arrested after holing up in a Newark motel room Monday afternoon, a Fremont police spokeswoman said.

Around 1:40 p.m. two men entered the Bank of the West at 39533 Paseo Padre Parkway in Fremont, police spokeswoman Geneva Bosques said.

Both suspects had their faces partially covered with bandanas and simulated weapons underneath their clothing.

The pair fled in a maroon pickup truck with an undisclosed amount of cash, she said.

Newark police said they received a tip that a suspicious vehicle matching the truck's description had stopped in Newark.

Around 2:05 p.m. Newark police reported to Fremont investigators that the suspect vehicle had stopped at Mowry Avenue and Cedar Boulevard in Newark and two men were seen running from the truck, Bosques said.

Fremont police responded and determined the two men were in a room at the E-Z 8 Motel at 5555 Cedar Court in Newark, Bosques said.

Police surrounded the motel and attempted to contact the suspects. Around 3:30 p.m. one of the suspects, a man in his mid-30s, exited the room and was taken into custody, Bosques said.

She said he was uncooperative with police.

The second suspect remained barricaded in the room for several hours, and Newark and Union City police SWAT teams and hostage negotiators responded, according to Newark police.

After about five hours, negotiators talked the second suspect into surrendering peacefully, Newark police said.

The names of the two suspects have not been released.

Alligator and Marijuana Found in Fairfield Home Search

Vacaville police encountered a baby alligator when they searched the home of a Fairfield couple suspected of possessing marijuana for sale.

The married couple, Lori Riley, 34, and William Riley, 37, were seen conducting a transaction in Vacaville that police believed involved marijuana, but police did not have a warrant to search their car.

The couple drove away but the Vacaville Narcotics Enforcement team and Crime Suppression Team got a warrant and stopped the couple's car on a freeway in Modesto on Jan. 31, police said.

The Rileys had 50 pounds of processed marijuana with a street value of $250,000 and a handgun in their possession when they were arrested, Sgt. Rick Elm said.

The couple was taken back to their Fairfield home where a search was conducted, Elm said.

Officers found additional marijuana, seven firearms, including a .50-caliber bolt-action rifle, more than $29,000 in cash and a 3-foot long baby alligator, Elm said.

The alligator was turned over to Solano County Humane Services. Vacaville officers got warrants to search two Vallejo homes where they found indoor marijuana grows totaling 900 plants, Elm said.

The Rileys were booked into the Solano County jail on marijuana possession and transportation and weapons charges, Elm said.

Police wrapped up their investigation on Friday, City of Vacaville spokesman Mark Mazzaferro said.

Police Shoot Armed Gunman in Richmond

An armed man was taken to a hospital Monday evening after he was shot by Richmond police officers, a police lieutenant said.

Police responded to reports of a man with a gun and a ShotSpotter alert of gunfire shortly after 5 p.m. near the intersection of West Nevin Avenue and B Street, near the Richmond Parkway, Lt. Bisa French said.

Officers found the armed man and ended up firing at and wounding him.

He was taken to a hospital in critical condition with injuries that could be life threatening, French said.

French did not yet know whether the man had fired his gun at the officers.

San Francisco Couple Renews Vows to Campaign for Recruitment of Bone Marrow Donors

While visitors to San Francisco City Hall often see weddings taking place, one held there Monday had a special purpose and a special officiant.

Attorney General Kamala Harris oversaw the renewal of vows for Lateefah Simon and Kevin Weston as part of a campaign aimed to recruit people to join the registry of possible bone marrow donors.

Weston, 44, was diagnosed in August 2012 with an extremely rare form of leukemia and the couple -- who met in Harris' office when she was San Francisco's district attorney -- were initially married the next month while he was in intensive care at a hospital.

Prior to the renewal of their vows late Monday afternoon, organizers gathered about 85 new potential donors to the registry and are encouraging others, particularly people of color, to sign up as well.

"We've got to increase knowledge about this, we can actually save some lives," said Ayoka Turner, one of the organizers of the campaign.

"If you're a person of color, specifically black people, you simply don't have the opportunities to have a match like other races."

According to Be the Match, a group that helps gather potential bone marrow donors, only about 7 percent of the people on the national registry are black.

Weston is a longtime Bay Area journalist and a John S. Knight journalism fellow at Stanford University while Simon is a MacArthur Genius grant recipient for her civil rights work.

The couple has a 1-year-old daughter and Weston is stepfather to Simon's teenage daughter. Harris, who said she has known Simon for nearly 20 years, called them "an extraordinary couple" that have done great work in the community.

"But now the time has come for them to actually advocate not for everybody else but for themselves ... and the need for the marrow donorship base to be expanding because so many other people have the same problem," she said.

More information about the couple's story is available online at www.kevinandlateefah.com. People interested in joining the bone marrow registry can call (800) MARROW-2 or visit online at www.bethematch.org.

San Francisco Mayor Ed Lee Promotes Community Benefit Districts

San Francisco Mayor Ed Lee and other city officials Monday lauded community benefit districts after a recent report found they tend to be cleaner and safer than other similar neighborhoods in the city.

The report by the city's Office of Economic and Workforce Development looked at the community benefit districts, public-private partnerships in which property and business owners pay special assessments toward the improvement and maintenance of a neighborhood.

San Francisco's first CBD was created at Union Square in 1999 and has since expanded to 13 around the city, including at Fisherman's Wharf, Central Market, Civic Center, Ocean Avenue and in Noe Valley, the site of Monday's news conference.

The report found that CBDs had cleaner streets than similar ones in their supervisorial districts, and that the neighborhoods also experienced declining crime compared to citywide trends.

Lee said the community benefit districts were about "people rediscovering and reinvesting in their neighborhoods."

Supervisor Scott Wiener, whose district includes the Noe Valley CBD, said the neighborhood benefits from the public-private partnership.

"It makes all the difference in the world," Wiener said. "You have every day, 7 days a week, eyes and ears, people who are in the neighborhood cleaning it, helping to keep it safe, who notice something that may be going wrong before it gets to a breaking point."

Oakland Man Pleads Not Guilty to Murder Charges

An Oakland man pleaded not guilty Monday to a murder charge for the shooting death of 19-year-old Kenneth Ray Jones in West Oakland last August.

Larry Williams, 47, is scheduled to return to Alameda County Superior Court on April 2 for a pretrial hearing.

Williams is accused of murdering Jones, who was shot to death near the corner of Eighth and Adeline streets at about 8:55 p.m. on Aug. 27.

Oakland police said Jones was standing on the street corner when he was shot. A second suspect in the case, Arthur White, appeared with Williams in court Monday but declined to enter a plea and is scheduled to return to court on March 18.

White, 35, who also is being held without bail, is charged with being an accessory in the case as well as carrying a concealed weapon and being an ex-felon with a gun.

Orinda College Student Found Dead Outside Cal Poly San Luis Obispo Dorms Sunday

A 20-year-old Orinda college sophomore student died after he was found unresponsive near the dorms at the California Polytechnic State University at San Luis Obispo early Sunday morning, according to school officials.

Brandon Huang, a second-year biology major at the university, was found lying in front of his campus residence hall at the Poly Canyon Village just after midnight apparently returning from somewhere off-campus, college president Jeffrey Armstrong wrote in a message to the school community Sunday.

University police personnel transported Huang to Sierra Vista Regional Medical Center in San Luis Obispo where he was pronounced dead.

According to school spokeswoman Ellen Cohune, police said there is no evidence of foul play and the death is under investigation.

Acalanes Union High School District associate superintendent Kevin French said Huang attended Miramonte High School, located at 750 Moraga Way in Orinda, and graduated in 2011.

He previously attended Orinda Intermediate School for middle school.

French said support staff will be available at the high school for students and teachers hearing about the former student's death.

According to the San Luis Obispo County Sheriff's Office, an autopsy will be performed later this week, but a cause of death will not be officially reported until toxicology results are returned in up to three weeks.

Cohune said details about memorial services will be posted on the dean's website at www.deanofstudents.calpoly.edu.

Hayward Drug Deal Found Guilty of Second-Degree Murder

A Hayward man has been convicted of second-degree murder for fatally shooting another man in a dispute over a drug deal in August 2010.

An Alameda County Superior Court jury delivered its verdict against Aaron Chandra, 22, on Thursday in connection with the death of 28-year-old Osana Saga in the 5000 block of Cottage Park Drive in Hayward at 4:11 p.m. on Aug. 29, 2010.

Jurors also convicted Chandra of using a gun to kill Saga and of possession of marijuana for sale.

Chandra faces a state prison term of 40 years to life when he's sentenced by Judge Kevin Murphy on March 28.

Prosecutor Brian Owens said Chandra had sold about $800 worth of marijuana to Saga but Saga didn't think he got as much marijuana for that price as he should have so he confronted Chandra in his driveway and struck Chandra in his face.

Chandra then pulled out a loaded pistol and fired three shots at Saga, striking him once in his upper chest, Owens said.

Saga ran to the end of the block but then collapsed and died, he said.

The prosecutor said he didn't ask the jury to convict Chandra of first-degree murder but thinks second-degree murder is an appropriate outcome in the case, even though Saga struck Chandra before Chandra opened fire.

"You don't pull out a gun at a fistfight," Owens said. Chandra's lawyer, Todd Bequette, couldn't be reached for comment.

Owens said Bequette asked jurors to find Chandra not guilty because he thinks Chandra acted in self-defense.

Bay Area Weather Report for Tuesday February 12th

Sunny skies are likely in the Bay Area this morning. Highs are likely to be in the upper 50s, with light winds up to 10 mph. Mostly clear skies are likely this evening. Lows are expected to be in the mid 40s, with western winds around 5 mph. Sunny skies are likely Wednesday. Highs are expected to be around 60, with light winds.

 

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Woman Hospitalized After Robbery In Portola Thursday Afternoon

A 59-year-old woman was hospitalized after getting punched in the back of the head during a robbery outside her home in San Francisco's Portola neighborhood on Thursday afternoon, police said today.

The robbery was reported at about 2:05 p.m. in the 500 block of Burrows Street.

The victim was entering the gate to her home when two suspects approached and one punched her, knocking her to the ground, according to police.

The suspects, males between 16 and 18 years old, then grabbed the woman's purse and fled west on Burrows Street. They had not been found as of this morning, police said.

The woman was taken to a hospital to be treated for injuries that are not considered life-threatening.

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

 

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San Francisco Bay Area Friday Morning News Roundup

San Francisco Law Library Sues City For More Support

The board president of the San Francisco Law Library said Thursday the institution found itself "between a rock and hard place" when it sued the city for more support.

The lawsuit, filed by the library against the city and county of San Francisco in Superior Court Wednesday, claims the municipality is violating its duty under the City Charter to provide "suitable and sufficient quarters" for the library.

Kurt Melchior, a San Francisco lawyer who chairs the library's board of directors, said the board has been negotiating with the city for adequate space since 1994, but is now up against a May deadline to vacate its present temporary location.

"We're just trying to get the city to do what's required by law," Melchior said.

The library is presently located at the War Memorial Veterans Building, which is scheduled to close in May for two years of seismic upgrading.

The law book collection was moved there in 1995 when City Hall, its former location, closed for seismic retrofitting.

The lawsuit says library officials have found a possible new site, in a building at Van Ness Avenue and Post Street, but the city is willing to pay for only 22,000 square feet of space.

The suit alleges that amount of space would make the library "a grossly substandard public law library" and says the institution needs at least 30,000 square feet to fulfill its duties to serve lawyers and the public.

Jack Song, deputy press secretary to City Attorney Dennis Herrera, said city lawyers could not comment on the case because it is pending litigation.

A Superior Court hearing on the lawsuit has not yet been scheduled.

The lawsuit asks for a court order requiring the city to provide "complete, adequate, readily accessible and suitable space and facilities" of 30,000 to 35,000 square feet and to allow the library to stay in the Veterans Building until that space is provided.

The library is an independent public agency created by the Legislature in 1870 and governed by a board made up of judges and lawyers. It was the state's first public county law library. California law now requires all counties to have such libraries.

The City Charter requires that the library must be open to judges, lawyers and members of the public.

According to the lawsuit, the library now has 263,480 volumes, but is currently forced to keep two-thirds of the collection in storage because of inadequate space in its current location.

Oakland Drug Dealer Who Claimed Self-Defense Is Convicted Of Murder

An Oakland drug dealer who claimed that he was acting in self-defense was convicted Thursday of first-degree murder for fatally shooting a friend the friend's home in West Oakland in September 2011.

Michael Peau, 24, admitted during his one-week trial that he killed Roberto Guzman, 22, in the 3200 block of Hannah Street at about 11:55 a.m. on Sept. 24, 2011, but said he did so only after Guzman tried to attack him with a screwdriver.

Peau testified that he always carries a gun because he's a drug dealer and feels a need to protect himself.

But jurors apparently didn't believe Peau because they reached a verdict against him late Thursday morning after deliberating for only several hours.

Peau will face a state prison term of 50 years to life when Alameda County Superior Court Judge Allan Hymer sentences him on March 22 because in addition to first-degree murder jurors convicted him of using a gun to kill Guzman.

Prosecutor Luis Marin told jurors that Guzman lived with his girlfriend and her family at their house on Hannah Street and had been friends with Peau but became upset with Peau because of a transaction in which his girlfriend's father bought a car from Peau.

Marin said Peau offered to sell the father a used car for $100 and assured him that there weren't any problems with it.

However, the prosecutor said that when the father went to the Department of Motor Vehicles to register the car, officials told him it had been stolen at gunpoint and took the car from the father, turning it over to Oakland police.

Afterward, Guzman told Peau, "I don't want to see you again" and told him not to come around anymore at the house where he lived with his girlfriend's family, Marin said.

The prosecutor said Peau "didn't appreciate the way Mr. Guzman had talked to him so he decided to have the last word" by firing a 9 mm semi-automatic handgun at Guzman 11 times, striking him 10 times.

Marin said Peau, 23, should be convicted of murder because, "The evidence proves the defendant's guilt beyond a reasonable doubt."

But Peau's attorney, David Bryden, said Peau shot Guzman only because he believed Guzman would seriously injure him or kill him when Guzman grabbed a screwdriver, which he described as "a large stabbing instrument" and "charged" at Peau.

Bryden said Peau approached Guzman as he was working on his car because "he wanted to work something out" but Guzman charged at him.

Bryden told jurors that Peau should only be convicted of voluntary manslaughter because Peau believed he had to shoot Guzman in order to protect himself.

The defense attorney said Thursday that he's "surprised and dismayed" that jurors convicted Peau of first-degree murder, saying he thinks the most Peau should have been convicted of is second-degree murder.

San Francisco Municipal Cable Car Accident Injures Seven People

Seven people were injured Wednesday morning when a San Francisco Municipal Railway cable car struck a bolt lodged into the tracks, according to authorities.

The bolt was stuck in the trackway, causing the inbound Powell-Hyde cable car to stop abruptly on Powell just before Washington streets around 10:15 a.m., San Francisco Municipal Transportation Agency Director of Transit John Haley said.

The 2-inch bolt was jammed at the top of the tracks, about 6 inches above the underground cables that are covered in sensors that trigger an alarm if there is an obstruction.

The alarm alerts operators to stop the cables, according Haley.

In Wednesday's case, the bolt never touched the sensors.

The alarm is usually triggered as many as two to three times a day, Haley said, however the crews usually find trash, such as a hot dog wrapper, that makes its way deep into the tracks.

After the bolt suddenly halted the cable car, five passengers and two cable car operators were transported to the hospital with minor injuries, San Francisco fire spokeswoman Mindy Talmadge said.

One of the injured passengers was a man in his 80s who suffered a head injury, Talmadge said.

After a review of the incident, Muni inspectors have determined the bolt had come lose from a switch plate covering a portion of the tracks, Haley said.

Haley said there was nothing wrong with the cable car vehicle itself, however the car did sustain some damage in the incident and is undergoing repairs to its underside.

It is expected to be back in service within the next three days, he said.

The bolt incident has prompted a review of the track maintenance system, Haley said.

The more than 40 switches part of the cable car system are checked each night and now a weekly check will test the tightness of the bolts securing the switch plates, he said.

Bus shuttles were in place for passengers on the Powell-Mason and Powell-Hyde cable car lines through early Wednesday afternoon the while officials inspected the cause of the accident.

Cable car service resumed around 1:30 p.m.

Thieves Bind Janitor To Desk And Steal Fairfield School's IPads

Two men bound a janitor with duct tape and stole 40 iPads from the Sem Yeto Continuation High School in Fairfield Wednesday night, a police lieutenant said.

The 50-year-old custodian was walking from one building to another on the school campus at 301 E. Alaska Ave. around 9:50 p.m. when two men, one of them armed, approached him. Lt. Randall Boggs said.

The suspects ordered the man to lie on the ground and threatened to kill him if he didn't cooperate, Boggs said.

The suspects told the custodian to take them where the school's iPads were stored, Boggs said.

They bound his hands with duct tape, bound the janitor to a desk and stole the iPads, valued at $350 each, Boggs said.

The uninjured custodian partially freed his hands and called police, and he was still partially taped to a desk when officers arrived, Boggs said.

Police were unable to locate the robbers.

The robbery was the third in four months in which thieves targeted the school's iPads, Boggs said.

The school was burglarized in September and October, but this is the first time the armed robbers accosted school staff, Boggs said.

The black male suspects are in their 20s with a medium build, police said.

One man is 5 feet 5 inches to 5 feet 7 inches and was wearing a gray hooded sweatshirt, blue jeans with a white design on the back pockets, white gloves and white and black shoes.

The other suspect is 5 feet 9 inches to 6 feet and was wearing a black hooded sweatshirt, a black leather jacket, dark jeans, gloves and black and white shoes.

East Palo Alto Murder Suspect Released From Jail

A man who prosecutors say killed an East Palo Alto community leader in 2010 was released from jail Tuesday, San Mateo County District Attorney Steve Wagstaffe said.

Gregory Leon Elarms, 60, allegedly confessed to killing David Lewis outside the Hillsdale Shopping Center on June 9, 2010, but a judge threw out murder charges against him.

San Mateo County Superior Court Judge Stephen Hall ruled that San Mateo police had inappropriately obtained a confession from Elarms in violation of his Miranda rights, rendering his confession inadmissible at trial.

Prosecutors are appealing, but Wagstaffe said the process could take 12 to 18 months.

On Jan. 3, Elarms pleaded no contest to three counts of felony possession of shanks in jail and was set to receive a maximum of four years in state prison under the terms of a plea agreement, according to Wagstaffe.

But on Tuesday, Judge Craig Parsons granted the defense's request to release Elarms on his own recognizance, Wagstaffe said.

"We put a lot of power in our judges and a majority of the time, they get it right," Wagstaffe said. "This is one of the times the judge got it wrong."

Elarms' release is conditional to him showing up at future court hearings. He is set to appear in court next on March 5 on the defense's motion to withdraw the plea or for imposition of the sentence, Wagstaffe said.

He said prosecutors are worried that Elarms may flee or hurt someone else.

"We have our concerns. This is a man who confessed to a murder," Wagstaffe said. "All we can do now is hope he comes back on March 5."

On Dec. 18, 2010, Elarms -- who was not a suspect at the time -- allegedly contacted San Mateo police detectives and claimed to have information about Lewis' killing, according to police.

Prosecutors said Elarms requested police protection because he believed his life was in danger.

Detectives offered to meet with Elarms, and while he was in police custody -- but before he was arrested -- he allegedly confessed to the murder and "muttered" something about needing an attorney, Wagstaffe said.

Elarms was arrested, and since then had been in custody in San Mateo County Jail and at Atascadero State Hospital.

Prior to his death, Lewis, a reformed drug addict and convicted felon, was active in the community as an advocate for rehabilitation and re-entry programs for ex-convicts.

Search For Missing Man In Annadel State Park Scaled Back

The search for a Sacramento man missing in Annadel State Park since Saturday has been scaled back, a Sonoma police lieutenant said Thursday afternoon.

Jason Kyles abandoned his Ford pickup around 9 a.m. Saturday after he drove through a gate onto private property and had a brief conversation with a woman who lived there, Lt. Brett Sackett said.

He was last seen naked and chanting by a hiker on Saturday, Sackett said.

Search and rescue teams from Sonoma, Marin, Alameda and Contra Costa counties searched the park east of Santa Rosa until early Sunday morning.

Kyles' family and a Sonoma County search and rescue team were still searching Thursday, Sackett said.

Kyles' mother told authorities her son stopped taking his medical marijuana, Sackett said. The family said he is despondent, and in a note said he was heading to New York to visit his family, Sackett said.

Footprints and a handprint found Tuesday in an area of the park that leads to the Oakmont retirement community indicated Kyles might have been heading toward homes in that area.

Searchers combed the complex but found no trace of the missing man, according to Sackett.

Searchers Thursday were focusing on the areas of Lake Ilsanjo and the Warren Richardson and Canyon trails, Sackett said.

Kyles is 6 feet 6 inches tall and weighs 185 pounds. He has brown hair and blue eyes and was wearing a T-shirt, blue jeans, black and orange shoes and a heavy, tan canvas jacket.

Anyone with information about him is asked to call the Sonoma County Sheriff's Office at (707) 565-2650.

Man Burned In Explosion On Boat At Alameda's Grand Marina

A man was injured in an explosion on a boat at Alameda's Grand Marina Thursday afternoon, a fire official said.

Firefighters responded at 12:56 p.m. to a report of a boat fire at the marina located at 2099 Grand St., Alameda fire Division Chief Doug Long said.

They arrived to find a man who had suffered burns to about 20 percent of his body from some sort of explosion on a 30-foot fiberglass sailboat docked at the marina, Long said.

The man jumped into the water to extinguish himself and was rescued by other people who also used hoses at the dock to put out the fire on the boat before firefighters arrived, according to Long.

The man was taken by ambulance to a nearby park, where a medical helicopter airlifted him to Santa Clara Valley Medical Center, Long said.

The cause of the explosion is under investigation, he said.

San Francisco Bay Area Weather Report

Mostly cloudy skies and scattered showers are likely in the Bay Area this morning. Highs are likely to be in the mid 50s, with winds up to 20 mph in the afternoon.

Partly cloudy skies are likely this evening, with clear skies expected later in the night. Lows are expected to be in the mid 40s, with northern winds up to 15 mph.

Sunny skies are likely Saturday. Highs are expected to be in the mid 50s, with winds up to 10 mph in the afternoon.

A beach hazard advisory is in effect through Saturday morning.

Officials Highlight Dangers of Winter Beach Conditions

Admire our lovely beaches, but stay away from the water -- that's the message that was delivered today at a multi-agency news conference in Half Moon Bay that highlighted the dangers that exist on Northern California beaches in winter months.

The U.S. Coast Guard, the National Parks Service and the California State Park Department stood in solidarity at the Half Moon Bay Pier to heighten awareness and emphasize the dangers that exist at beaches along the California Coast.

"We have had so many tragic drowning incidents occur recently in the Bay Area that we needed to get the word out about how dangerous the rip tides, sneaker waves and high surf are to people," Alexandra Picavet with the National Parks Service said today.

Picavet said that the victims of the recent drownings occurring just before the holidays and into the new year have been locals, not tourists, prompting the agencies to send out the message that the ocean can be both unpredictable and dangerous at any time of year, but especially in winter.

"It is more dangerous this time of year due to high surf conditions and sneaker waves," said Picavet, who described sneaker or rogue waves as unusually large waves that come after a series of regular wave action, sneaking up on a person, catching them off-guard.

Sneaker waves can come at any time, officials point out.

A person could be walking along a dry portion of the beach, watching the surf for hours and without warning, a sneaker or rogue wave can come out of nowhere and reach the dry portion, much further than the other waves in that series, Picavet said.

While winter is always a dangerous time for sneaker waves at California beaches, officials said this year has been especially deadly.

The Saturday following Thanksgiving, three family members drowned in the waters off an Arcata, Calif. beach, after a mother and father attempted to save their teenage son who was swept out to sea while attempting to rescue the family's dog.

A father and son fishing in the Marin Headlands were pulled out to sea by a rogue wave on Dec. 30, their bodies pulled from the waters near the Golden Gate Bridge.

On New Year's Day, a 59-year-old Richmond man drowned after heading into the surf in Bodega Bay to save his wife and their dog that had been knocked to the ground by a large wave.

Bystanders rescued the woman and the dog but were unable to reach the husband, who had been pulled under the water by nearly 12-foot waves.

Officials today banded together to inform the public of the dangers near the ocean and to warn bystanders to call 911 instead of attempting to rescue a struggling swimmer pulled out to sea.

Coast Guard officials demonstrated how it conducts a rescue, but warns that rescues must be conducted by trained professionals.

"If you see a person struggling, keep your eyes on them and have someone call 911 right away," Picavet said.

"You really need to be trained in water safety to be safe in saving someone.In many cases, these incidents represent people underestimating the surf and overestimating their abilities."

Keeping your eyes pinpointed on a victim will help rescue officials locate the victim, according to Coast Guard Petty Officer Pamela Boehland.

"We do not recommend going into the water -- so many times we see the rescuer going into the water and becoming a victim too."

With all Northern California beaches absent of lifeguards in the winter, officials offered some very real techniques to keep people safe near sea.

Small children, those with injuries and even moderately strong swimmers need to be aware of sneaker waves and the high surf's unpredictability.

Officials warn beachgoers to never turn your back to the waves.

Parents should never leave children unattended near water.

"A lot of erosion occurs on Northern California beaches and it takes only about 6 inches of water to take down a fully grown adult -- it won't take much to take a little person," Boehland said.

If you should get caught in a riptide, swim parallel to the shore because rip tides pull you out to sea.

"If you fight it, all that will happen is that you'll lose your energy and when the rip tide finally lets you go, which it will, you'll have no energy to swim back to shore," Picavet said.

If a dog is pulled to sea, Coast Guard officials warn people to allow the dog to self-rescue.

But if you must go to the beach this winter, Picavet asks people to consider an alternate plan.

"Bring a Badminton game or buckets for sand castles to the beach -- or consider going to another spot in the winter -- the Bay Area is brimming with open lands and places to go and have fun experiences that don't involve the beach or dangers the ocean might present." Boehland warns, "The Pacific Ocean is a treacherous body of water and we must respect it.

Nobody is more responsible for their own safety than yourself -- keep yourself, your kids and your pets safe."

 

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San Francisco Bay Area Thursday Morning News Roundup

Sonoma Co.: Three Men Fatally Shot in Forrestville Waiting to Buy Marijuana

The three men who were fatally shot in Forestville area residence Tuesday were waiting for someone who was going to sell them "a significant amount" of marijuana, a Sonoma County sheriff's lieutenant said Wednesday afternoon.

"People associated with the victims said it was a pot deal gone bad.

We believe the victims were associated with another involved party.

The victims were the buyers," Lt. Dennis O'Leary said.

The sheriff's office has identified the victims as Richard Lewin, 46, of Huntington, N.Y., Raleigh Butler, 26, a former Petaluma resident who most recently was living in the Lake Tahoe area, and Todd Klarkowski, 42, of Boulder, Colo.

Butler's brother and Butler's brother's girlfriend, who called 911, found the bodies around 3:15 p.m. Tuesday in the bedroom of a cabin on property at 9707 Ross Station Road in the Forestville area, O'Leary said.

He said it's believed the shootings happened around noon.

Butler's brother told investigators he was expecting a call from his brother and became concerned and went to the residence when he did not hear from him for four to six hours, O'Leary said.

Butler's brother and his girlfriend are not suspected of being involved in the marijuana deal, O'Leary said.

Butler's mother was renting a residence on the property but was out of state when the murders occurred, O'Leary said.

"There was a lot of blood at the scene, but no sign of a struggle," O'Leary said.

Some processed marijuana was found at the scene but not a weapon, he said.

"I don't believe people in the neighborhood are in any danger," O'Leary said.

"We're working on leads and interviewing associates of the three victims." Autopsies are scheduled for today. 

SF: Police Release More Info About Person of Interest in Kevin Collins Case

San Francisco police Wednesday released more information about a person of interest in the disappearance of 10-year-old Kevin Collins from the city's Haight-Ashbury neighborhood nearly three decades ago.

Dan Leonard Therrien, who also went by Wayne Jackson as well as three other aliases, died in San Francisco in 2008 but investigators are seeking more information from someone who might have seen or talked to him around the time of the disappearance on Feb. 10, 1984.

"This case is a case that haunts the San Francisco Police Department," police Chief Greg Suhr said.

Kevin was last seen at Masonic Avenue and Oak Street after leaving basketball practice at nearby St. Agnes School and was seen by multiple witnesses standing beside a white man about 6 feet tall with blonde hair who had a large black dog, police Lt. Tim Plyer said.

Therrien, who lived nearby in the 1100 block of Masonic Avenue, owned a large black dog and had a criminal history including a 1981 arrest under the name Wayne Jackson for lewd acts on a 7-year-old boy near Fisherman's Wharf, Plyer said.

After he posted bail and did not appear in court for the case, police caught up with him in 1982 at the Masonic Avenue home, where he gave the name Kelly Sean Stewart.

He was eventually convicted for lewd acts on a child and was sentenced to six months in jail and three years' probation, Plyer said.

Investigators also recently discovered that Therrien was arrested under the name Raymond William Stewart in 1973 in Canada for kidnapping and sexually assaulting two 13-year-old boys there, but was released and fled the country, Plyer said.

He was never arrested again on those charges, in part because of the use of the multiple identities, Plyer said.

Given the similar description, his criminal history and his residence near where Kevin was last seen, he is considered a person of interest in the case, according to Plyer.

Therrien died of natural causes in the city's Sunset District in 2008, he said.

Police thought they might have cracked the case last week when they decided to search the Masonic Avenue home with cadaver dogs that uncovered bones underneath the concrete floor of the garage.

However, the preliminary assessment by the medical examiner's office indicates that the bones are from an animal, Plyer said.

Fairfield: Family of Slain Teen Releases Statement; Police Won't Say How She Died

Fairfield police are not disclosing how a 13-year-old Suisun City girl was murdered, but they said reports that a gray minivan might be involved are inaccurate.

At a news conference Wednesday afternoon, police released a statement from the family of Genelle Conway-Allen, whose naked body was found by a passerby in a parking lot on the south side of Allan Witt Park in Fairfield around 6:45 a.m. Friday.

"This has been a devastating tragedy for our family and community. We need to thank everyone for the outpouring of support at the memorial site," the family said.

After thanking police for working hard on the investigation, the family said they are still in a state of shock and asked for privacy.

"Thank you for your love and support during this difficult time," the family said.

Conway-Allen, who lived in a foster home, was last seen during the late afternoon hours on Jan. 31 in the vicinity of Railroad Avenue in Suisun City, Sgt. Matthew Bloesch said.

In what police said was a photo taken minutes before she was last seen, the teen was wearing a gray sweater, blue jean-style leggings and a pink backpack.

Bloesch said police are not releasing information that might hinder the investigation, and that Suisun City and Fairfield police will investigate the homicide "in a professional, consistent and strategic manner" until the suspect or suspects have been identified, located and arrested.

Police also reminded parents to teach children what to do if they are approached or followed and to make every effort to escape and attract attention to themselves.

Anyone who saw Conway-Allen between Thursday afternoon and Friday morning is asked to call Fairfield police at (707) 428-7345.

Berkeley: 2-Alarm Hills Fire Causes Extensive Damage But No Injuries

A spectacular two-alarm fire caused extensive damage to a home in a heavily-wooded section of the Berkeley hills Wednesday, but there weren't any injuries to the residents or firefighters.

Berkeley fire officials said the three-story home with wooden shingles at the top of a steep driveway at 1177 Keith Ave. was fully engulfed when they arrived a few moments after a resident of nearby Keeler Avenue reported smoke.

Interim fire Chief Gil Dong said the fire was contained as of 12:25 p.m. but about an hour later smoke and flames were still coming from the third floor.

Acting deputy fire Chief Avery Webb said the fire mainly was confined to the home's second and third floors and nearby homes weren't damaged, although there were some scary moments and nearby residents were advised but not forced to evacuate.

Webb said it wasn't immediately clear if the people who live at 1177 Keith Ave. were at home when the fire broke out.

The residents were nearby as firefighters completed their work but declined to talk to reporters.

Investigators are still trying to determine the cause of the fire and the amount of damage to the house hasn't been assessed, Webb said.

He said it was "difficult" for firefighters to get to the house and battle the blaze because the roads are curvy and narrow, there are a lot of trees and long hoses had to be run up the hill to carry water to the house.

Webb said five engines, two trucks, two ambulances and additional fire personnel responded to fight the fire.

SF: U.S. Judge Overturns $512,000 Jury Verdict in Santa Rosa Police Shooting Case

A federal judge in San Francisco has set aside a $512,000 jury award and ordered a new trial on a lawsuit filed by the family of a Santa Rosa man fatally shot by a city police officer in 2007.

U.S. District Judge Charles Breyer wrote in a ruling issued on Monday that the jury verdict reached in his court in September was "contrary to the clear weight of the evidence."

The award to the wife, mother and young daughter of Richard DeSantis was granted by a unanimous civil jury after a three-week trial. DeSantis, 30, who had bipolar disorder, was shot and killed by Sgt. Richard Celli in his driveway early on April 7, 2007, after Celli and other officers responded to 911 call from DeSantis' wife, Patricia DeSantis.

Patricia DeSantis said in the call that her husband had fired a gun into the ceiling of their home. The officers said they fired at DeSantis after he failed to remain in a prone position as instructed and appeared to be charging at them. It was later determined that Celli fired the fatal shot.

Breyer wrote that there was "no credible evidence at trial to support an inference that Sgt. Celli acted with an intent or purpose to harm Mr. DeSantis, separate from legitimate law enforcement objectives."

In addition to ordering a new trial, Breyer ordered the two sides to meet with U.S. Magistrate Joseph Spero to discuss a possible settlement.

The meeting has been scheduled for May 6. City Attorney Caroline Fowler said, "We agree with the judge's assessment and believe that the evidence did not support the jury's verdict.

"We are very happy that Sgt. Celli's actions have been vindicated and we are looking forward to moving forward with this matter," Fowler said.

Benjamin Nisenbaum, a lawyer for the DeSantis family, said, "We think the verdict was appropriate and was well substantiated by the evidence."

SF: Aunt, Uncle of 49ers Tight End Killed in Crash Caused by Drunken Driver

The aunt and uncle of San Francisco 49ers tight end Delanie Walker were killed in a crash caused by an alleged drunken driver early Monday morning in Louisiana after the Super Bowl in New Orleans.

Walker posted on Twitter Wednesday morning that his relatives Alice and Bryan Young were killed in the crash just hours after the 49ers' 34-31 loss to the Baltimore Ravens.

"I'm going to miss y'all but I know they are in a better place," he wrote, while also including two pictures he recently took with his aunt and uncle.

The NFL's website said the deaths were linked to a crash in St. Charles Parish, La., shortly after 5:30 a.m. Monday.

According to Louisiana State Police officials, the crash was caused by Nechole Thomas, 26, of Houston, who was allegedly intoxicated and rear-ended a 2012 Nissan Altima stopped on the side of the road.

Both vehicles caught fire and the driver and passenger inside the Altima were killed. The St. Charles Parish coroner's office has not officially confirmed Alice and Bryan Young as the victims.

Thomas survived with minor injuries but was arrested on suspicion of two counts of vehicular homicide, DWI and reckless operation of a motor vehicle, police said.

Walker received an outpouring of support on social media Wednesday, including from 49ers owner Jed York, who wrote on Twitter, "We are praying for you and your family."

Regional: Oyster Farm Announces Appeal of Its Bid to Stay Open

The owners of the Drakes Bay Oyster Farm announced Wednesday they are appealing a ruling in which a federal trial judge declined to block the closure of the decades-old farm at Point Reyes National Seashore.

In a statement released by his lawyers, co-owner Kevin Lunny said, "We continue to be grateful for the outpouring of support from our community.

We have had time to weigh our options carefully, and have decided to appeal the judge's decision."

Lawyers for Lunny and the company filed a notice of appeal with the 9th U.S. Circuit Court of Appeals in San Francisco Wednesday.

Lunny and his wife, Nancy Lunny, bought the oyster farm from a predecessor company in 2004 and took over a 40-year permit that expired in 2012.

In a federal lawsuit, they are challenging a decision in which U.S. Interior Secretary Kenneth Salazar in November announced he was turning down their request for a 10-year extension and allowing the permit to expire so that the area could return to wilderness.

On Monday, U.S. District Judge Yvonne Gonzalez Rogers of Oakland declined to issue a preliminary injunction that would have enabled the farm to stay open until a full trial is held on the lawsuit.

Gonzalez Rogers said Congress in a 2009 law gave the secretary "complete discretion" to decide whether to renew the permit.

The appeal will seek to overturn that ruling and obtain an order for a preliminary injunction.

The farm's lawyers said in a case statement filed with the appeals court that they will also seek a temporary injunction that would keep the farm open during the appeal.

If it does not win an injunction during the appeal, the oyster company has a deadline of March 15 to remove its equipment.

The farm grows oysters on 1,000 acres of submerged lands in Drakes Estero, an estuary of Drakes Bay, and packages them on 1.5 acres of land along the shoreline.

It says it produces more than one-third of all oysters grown in California.

The Point Reyes seashore area was made part of the national park system, which is managed by the Interior Department, in 1962.

SJ: Woman Allegedly Forged Signatures of Four City Council Members, Dozens of City Officials On Petitions

A Daly City woman has been charged with forging the signatures of about 80 San Jose city officials and their spouses, including four City Council members, on petitions for a ballot measure on that passed in November, prosecutors said.

Laura Frei, 55, allegedly signed or had someone sign the names of the city officials and others on documents used to qualify Measure D to raise the minimum wage in San Jose from $8 to $10 an hour, Santa Clara County Deputy District Attorney Judy Lee said.

Prosecutors believe that as many as 80 of the signatures Frei turned in last April for the measure were false, such as San Jose councilmembers Xavier Campos, Rose Herrera, Sam Liccardo and Donald Rocha, Lee said.

Additional signatures allegedly forged on the papers included those of City Manager Debra Figone, City Attorney Richard Doyle, then-City Clerk Dennis Hawkins and Hawkins' wife, Marie, and other city officials and their spouses, Lee said.

The district attorney's office stopped after confirming 16 fraudulent signatures for purposes of charging Frei with circulating a petition with false or forged signatures, a felony for which she faces up to three years in county jail, Lee said.

Frei, out on her own recognizance, failed to show for her arraignment Wednesday and the judge stayed a bench warrant for her arrest, giving Frei until today to come to court and will issue the warrant if she does not, Lee said.

San Jose company H&H Petitions -- which has not been charged -- hired the defendant last year as a subcontractor to gather signatures for Measure D and paid her from $1,000 to $1,500 for about 200 signatures, Lee said.

An investigator for the district attorney's office interviewed 13 people about their signatures on Frei's petitions and all said they did not sign them, Lee said.

"This crime doesn't just affect the individuals whose signatures were forged," Lee said. "It is also a crime against the public because it undermines voter confidence in the electoral process."

Santa Clara Co.: DA Says Police Acted Lawfully in 2011 Shooting Death of Unarmed Suspect

A San Jose police sergeant acted lawfully when he shot an unarmed man to death in 2011 after believing he was reaching for a gun inside a reported stolen car, the Santa Clara County District Attorney's Office said.

Police Sgt. Sergio Carabarin was justified in killing Varun Kumar, 32, as Kumar rammed his car into police vehicles trying to escape from a San Jose apartment complex, the district attorney's office said.

In a 25-page report released Wednesday, the district attorney's office concluded that prior to the shooting, police tried non-lethal ways to get Kumar to give up, including Taser darts, a blow to the head with a pistol, attempts to pull him out of the car and repeated verbal commands.

The report cited statements from witnesses who claimed that Kumar, a convicted felon on parole who been sentenced to prison 10 times, appeared determined to remain in his car to use it escape arrest.

"Sgt. Carabarin's use of deadly force was in response to an apparent and immediate threat of great bodily injury or death to himself, other officers and civilian bystanders," the report said.

"His conduct is therefore justifiable in the defense of himself and others, and no criminal liability attaches to him," the office said.

The altercation began midday on Oct. 16, 2011 when Kumar was in a 2011 Ford Taurus in the rear parking lot of the Parkside Terrace Apartments at 463 Wooster Ave. near East 26th Street in San Jose.

Police arrived at Kumar's car following an emergency call about a man brandishing a gun.

From the car's license plate, officers learned the Taurus had been reported stolen two weeks before in San Jose before and was involved in a robbery in San Jose three days earlier.

After the suspect refused to surrender and drove into police cars, Carabarin, standing behind the car, thought Kumar was trying to grab a gun from the car's center console.

Carabarin then fired three shots at Kumar, hitting him once in the back. Kumar died at the scene.

An autopsy revealed that Kumar was under the influence of a high dosage of methamphetamine at the time of the shooting.

The report noted that police did not find a weapon in Kumar's car and that the person who called a dispatcher about a man brandishing a weapon had falsely reported having seen a gun.

The officer nonetheless acted legally, thinking that Kumar was armed and that he and others were in danger when he fired, the office said.

Bay Area Thursday Morning Weather Forecast

Showers are likely in the Bay Area this morning. Highs are likely to be in the mid 50s, with southwest winds up to 20 mph.

Mostly cloudy skies with a chance of showers and a slight chance of thunderstorms are likely this evening. Lows are expected to be in the mid 40s, with western winds up to 15 mph.

Mostly cloudy skies with a chance of showers and a slight chance of thunderstorms are likely Friday. Highs are expected to be in the mid 50s, with winds up to 20 mph in the afternoon.

A beach hazard advisory is in effect through Saturday morning.

 

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Drakes Bay Oyster Farm Appeals to Stay Open

The owners of the Drakes Bay Oyster Farm announced today they are appealing a ruling in which a federal trial judge declined to block the closure of the decades-old farm at Point Reyes National Seashore.

In a statement released by his lawyers, co-owner Kevin Lunny said, "We continue to be grateful for the outpouring of support from our community.

We have had time to weigh our options carefully, and have decided to appeal the judge's decision."

Lawyers for Lunny and the company filed a notice of appeal with the 9th U.S. Circuit Court of Appeals in San Francisco today.

Lunny and his wife, Nancy Lunny, bought the oyster farm from a predecessor company in 2004 and took over a 40-year permit that expired in 2012.

In a federal lawsuit, they are challenging a decision in which U.S. Interior Secretary Kenneth Salazar in November announced he was turning down their request for a 10-year extension and allowing the permit to expire so that the area could return to wilderness.

On Monday, U.S. District Judge Yvonne Gonzalez Rogers of Oakland declined to issue a preliminary injunction that would have enabled the farm to stay open until a full trial is held on the lawsuit.

Gonzalez Rogers said Congress in a 2009 law gave the secretary "complete discretion" to decide whether to renew the permit.

The appeal will seek to overturn that ruling and obtain an order for a preliminary injunction.

The farm's lawyers said in a case statement filed with the appeals court that they will also seek a temporary injunction that would keep the farm open during the appeal.

If it does not win an injunction during the appeal, the oyster company has a deadline of March 15 to remove its equipment.

The farm grows oysters on 1,000 acres of submerged lands in Drakes Estero, an estuary of Drakes Bay, and packages them on 1.5 acres of land along the shoreline.

It says it produces more than one-third of all oysters grown in California.

The Point Reyes seashore area was made part of the national park system, which is managed by the Interior Department, in 1962.

 

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Three Bay Area Hospitals Fined for Violations

Three Bay Area hospitals were issued hefty penalties from the
state Department of Public Health for putting patients at risk, health
officials announced today.

The UCSF Medical Center in San Francisco received two penalties
totaling $200,000 after investigations found noncompliance to the health code
likely to cause serious injury or death to patients.

Two penalties, amounting to $175,000, were also levied at St.
Mary's Medical Center
in San Francisco.

The Santa Clara Valley Medical Center in San Jose received one
penalty, costing $100,000.


UCSF Medical Center was penalized for not following surgical
policies and procedures in two separate incidents in which a patient had to
undergo a second surgery to remove a foreign object.

These were the hospital's seventh and eighth administrative
penalties.

At St. Mary's a surgical error also resulted in a second patient
surgery to remove a foreign object.

This was the hospital's second penalty.

A third penalty came from the hospital failing to safely
distribute and administer medication to a patient.

At Santa Clara Valley Medical Center, the hospital was fined for
failing to follow procedures for emergency care. This was the facility's
third penalty.

A first violation carries a $50,000 fine, while a second violation
reaches $75,000. Third and subsequent violations carry a $100,000 penalty,
according to health officials.

The hospitals are required to provide the health department with a
plan of correction to prevent future incidents.

Hospitals can appeal the penalties by requesting a hearing.

Throughout the state, 10 penalties were issued at seven hospitals
with fines totaling $775,000.

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Attorney General Accuses BP and Arco of Violations

California Attorney General Kamala Harris and district attorneys
from seven counties across the state filed suit today alleging that BP and
Arco
have engaged in environmental violations at more than 780 gas stations
in the state.


The lawsuit, filed in Alameda County Superior Court, alleges that
BP West Coast Products, BP Products North America, Inc., and Atlantic
Richfield Company have violated state laws governing hazardous materials and
hazardous waste by failing to properly inspect and maintain underground tanks
used to store gasoline for retail sale at gas stations in California.


Arco is a subsidiary of BP, which is headquartered in London.


Alameda County District Attorney Nancy O'Malley and prosecutors
from six other counties joined Harris in filing the suit.


The suit claims that since October 2006, the BP companies and ARCO
have improperly monitored, inspected and maintained the underground storage
tanks.


It alleges that the oil companies tampered with or disabled leak
detection devices and failed to test secondary containment systems, conduct
monthly inspections, train employees on proper protocol, and maintain
operational alarm systems, among other violations.


The suit says inspectors from the Alameda County Department of
Environmental Health obtained documents that showed BP officials instructed
their service stations in Alameda County to maintain gasoline leak detection
sensors at a height contrary to California law.


The suit alleges that this resulted in leak detection sensors at
multiple ARCO stations in the county to be positioned so they were unable to
detect a fuel leak at the earliest possible opportunity.


The lawsuit also claims that the defendants improperly handled and
disposed of hazardous wastes and materials associated with the underground
storage tanks at retail gas stations throughout the state.


The suit says a statewide investigation found violations of
hazardous materials and hazardous waste laws and regulations at gas stations
in 37 counties across the state, including 28 gas stations in Alameda County.


O'Malley said in a statement, "The laws that regulate proper
handling and storage of hazardous materials are not trivial. They exist to
protect the precious and finite public resource that is a clean and safe
environment."
She said, "When a fuel leak occurs it can contaminate the soil and
groundwater for decades. We will not tolerate the dangerous and irresponsible
practice of cutting corners on environmental regulations."


BP officials could not immediately be reached for comment this
morning.

Fate of Candlestick Park After the 49ers Leave

Those with sentimental feelings about San Francisco's Candlestick Park better visit in the next year because the stadium likely won't be there long after the 49ers move out.

Lennar Urban takes over ownership of the land from San Francisco following the 49ers' last game at the 53-year-old building and plans to take down the stadium within weeks, according to company officials.

The 49ers will be moving out following the 2013-14 season and into their new $1.2 billion stadium in Santa Clara. The San Francisco Giants moved out of Candlestick Park following the 1999 baseball season.

The Candlestick site is slated to become retail space and might even house a smaller arena, which could be a potential home for the San Francisco Bulls minor league hockey team, company officials said.

Candlestick Park has been the site of a number of memorable events in sports, including two Giants World Series trips and several 49er playoff runs.

It has also been the place where many sports legends have called home.

Willie Mays, Joe Montana, Steve Young, Jerry Rice, Willie McCovey, Barry Bonds, and Juan Marichal are among the Giant and 49er greats to play at the stadium.

Candlestick Park is currently owned by the city and run by its Recreation and Park Department.

Rec and Park will be working with stadium stakeholders on a public ceremony for the stadium and will likely hold an auction of Candlestick memorabilia, department spokeswoman Sarah Ballard said.

When Candlestick Park has its ownership shifted to Lennar Urban, it will become part of the Hunters Point Shipyard development deal already in place with the city, company officials said.

As part of the deal, Lennar Urban is responsible for taking down Candlestick Park within 10 years but company officials don't expect it to even last one month.

The stadium was completed in 1960 and was initially a baseball-only facility.

The 49ers did not move into Candlestick until 1971.

 

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San Francisco Bay Area Tuesday Morning News Roundup

Regional: Prosecutors Accuse BP and Arco of Environmental Violations

California Attorney General Kamala Harris and district attorneys from seven counties across the state filed suit Monday alleging that BP and Arco have engaged in environmental violations at more than 780 gas stations in the state.

The lawsuit, filed in Alameda County Superior Court, alleges that BP West Coast Products, BP Products North America, Inc., and Atlantic Richfield Company have violated state laws governing hazardous materials and hazardous waste by failing to properly inspect and maintain underground tanks used to store gasoline for retail sale at gas stations in California.

Arco is a subsidiary of BP, which is headquartered in London.

Alameda County District Attorney Nancy O'Malley and prosecutors from Glenn, Merced, Nevada, Placer, San Bernardino, Stanislaus and Yuba counties joined Harris in filing the suit.

The suit claims that since October 2006 the BP companies and ARCO have improperly monitored, inspected and maintained underground storage tanks used to store gasoline for retail sale.

It alleges that the oil companies tampered with or disabled leak detection devices, and failed to test secondary containment systems, conduct monthly inspections, train employees in proper protocol, and maintain operational alarm systems, among other violations.

The suit says inspectors from the Alameda County Department of Environmental Health obtained documents that showed that BP officials instructed their service stations in Alameda County to maintain gasoline leak detection sensors at a height contrary to California law.

The suit alleges that this resulted in leak detection sensors at multiple ARCO stations in the county to be positioned so they were unable to detect a fuel leak at the earliest possible opportunity.

Alameda County Deputy District Attorney Ken Misfud said prosecutors believe BP and Arco officials wanted less stringent leak detention standards to avoid having to shut down gas stations, as leaks can force stations to be closed for an entire day or longer and the companies consequently lose revenue.

The lawsuit also claims that the oil companies improperly handled and disposed of hazardous wastes and materials associated with the underground storage tanks at retail gas stations throughout the state.

The suit says a statewide investigation found violations of hazardous materials and hazardous waste laws and regulations at gas stations in 37 counties across the state, including 28 gas stations in Alameda County.

Misfud said the suit is seeking an injunction ordering BP and Arco to comply with state law as well as unspecified fines and legal costs.

SF: Candlestick Park Likely Won't Last Long After 49ers Leave

Those with sentimental feelings about San Francisco's Candlestick Park better visit in the next year because the stadium likely won't be there long after the 49ers move out.

Lennar Urban takes over ownership of the land from San Francisco following the 49ers' last game at the 53-year-old building and plans to take down the stadium within weeks, according to company officials.

The 49ers will be moving out following the 2013-14 season and into their new $1.2 billion stadium in Santa Clara.

The San Francisco Giants moved out of Candlestick Park following the 1999 baseball season.

The Candlestick site is slated to become retail space and might even house a smaller arena, which could be a potential home for the San Francisco Bulls minor league hockey team, company officials said. Candlestick Park has been the site of a number of memorable events in sports, including two Giants World Series trips and several 49er playoff runs.

It has also been the place where many sports legends have called home. Willie Mays, Joe Montana, Steve Young, Jerry Rice, Willie McCovey, Barry Bonds, and Juan Marichal are among the Giant and 49er greats to play at the stadium.

Candlestick Park is currently owned by the city and run by its Recreation and Park Department. Rec and Park will be working with stadium stakeholders on a public ceremony for the stadium and will likely hold an auction of Candlestick memorabilia, department spokeswoman Sarah Ballard said.

When Candlestick Park has its ownership shifted to Lennar Urban, it will become part of the Hunters Point Shipyard development deal already in place with the city, company officials said.

As part of the deal, Lennar Urban is responsible for taking down Candlestick Park within 10 years but company officials don't expect it to even last one month.

The stadium was completed in 1960 and was initially a baseball-only facility.

The 49ers did not move into Candlestick until 1971.

Oakland: U.S. Judge Declines to Halt Closure of Oyster Farm

A federal judge in Oakland refused Monday to block the closure of a decades-old oyster farm at Point Reyes National Seashore.

U.S. District Judge Yvonne Gonzalez Rogers said courts have no authority to review a decision by U.S. Interior Secretary Kenneth Salazar last year to deny a permit extension to the Drakes Bay Oyster Co.

The judge said a 2009 law enacted by Congress specifically gave the Interior Department secretary the discretion to decide whether to renew the farm's special use permit.

"The express language and legislative history of (the law) evidence Congress's intent to grant the secretary complete discretion on the issue of whether to grant the company the new special use permit," Gonzalez Rogers wrote in a 31-page decision.

She turned down a bid by the company for a preliminary injunction blocking Salazar's decision.

The company, bought by Kevin and Nancy Lunny from a previous owner in 2004, was given a 40-year permit to harvest oysters in 1972, which expired on Nov. 30.

Oyster farming at the site in Drakes Estero, an estuary of Drakes Bay, began in the 1930s.

The company asked for a 10-year extension, but on Nov. 29, Salazar announced he would allow the permit to expire so that the area could return to wilderness.

The Point Reyes seashore has been part of the national park system since 1962. The company challenged Salazar's action in a federal lawsuit filed four days later.

Amber Abbasi, a lawyer for the company, said, "We are disappointed in the judge's decision to deny our request for a preliminary injunction.

"Without this injunction, not only will a small business close, but families will be forced out of their homes, and the community will lose a sustainable farming resource," she said.

Abbasi said the company's owners have not yet decided whether to appeal the ruling.

SJ: Police Search for Two Suspects in Connection with Violent Home Invasion Robbery

Police are seeking the public's assistance in locating two suspects wanted in connection with a home invasion robbery in East San Jose early Friday morning.

At 1:51 a.m. on Friday, police received a report of two adult male suspects who conducted a robbery at a residence and assaulted a 74-year-old woman in the 400 block of Mahoney Drive.

Police said two adult female residents, a mother and daughter, were at home when they heard someone breaking into the daughter's vehicle parked just outside their residence.

The 74-year-old mother yelled at the suspects to stop, at which point the suspects gained entry into the residence through a front window, according to police.

One suspect proceeded to repeatedly punch the mother in the face, according to police.

The two victims were able to flee the residence on foot, but the suspects pursued the victims into the street.

The first suspect caught up to the mother and assaulted her a second time.

The mother fled again, but the suspect caught up with her and assaulted her a third time, police said.

During the assault, the suspect placed a gun to the woman's neck and threatened to kill her, according to police.

The daughter, age 43, was able to escape the suspects and run to a neighbor's home, where she was able to notify police. 

The suspects returned to the victims' house, ransacked it and took multiple pieces of property.

The suspects fled the scene on foot before officers arrived.

The mother was transported by ambulance to a local hospital and treated for a broken nose, multiple abrasions and bruises to her face, two black eyes and abrasions to her arms, police said.

The daughter was not injured, police said.

The two suspects remain at large. One suspect is described as a Hispanic man standing between 5 feet 11 inches and 6 feet tall with a thin build and a light complexion.

The suspect was wearing dark clothing at the time of the robbery.

Police have released a composite sketch of the first suspect, but have not released a description or a sketch of the second suspect.

Anyone with information regarding the home invasion robbery and assault is asked to contact San Jose police at (408) 277-4166 or anonymously at (408) 947-7867 or online, at tipsubmit.org and may be eligible for a reward.

SJ: Last of Four Defendents Convicted in Severe Neglect of Residents in Filthy Care Home

A San Jose woman became the final person convicted in Santa Clara County Superior Court last Tuesday in the severe neglect of a dozen mentally disabled people in a filthy care home last year in East San Jose.

Kathy Le, 42, pleaded guilty to charges of adult abuse, resisting arrest and animal neglect for her part in running a care home on Cortona Avenue with packs of dogs inside and dog feces all over the floor, Deputy District Attorney Charles Huang said.

"Some (residents) had open (dog) bite marks," Huang said.

"It's a terrible story. If we sat down for three hours, I'd still have things to tell you." Le, her mother Jennifer Ngo, 63, and her half-brother Charles Nguyen, 25, each face sentences of four years in prison at a hearing on March 19 and more time if they violate probation terms, Huang said.

A fourth defendant, Margaret Ngo, 27, Le's half-sister, was sentenced to months she served after her arrest last May because she played a lesser role and took responsibility early on, Huang said.

The other defendant, George Nguyen, 72, Jennifer's husband and the father of Margaret and Charles, died late last year while in the Santa Clara County Jail.

The victims, most suffering from schizophrenia and other severe disorders, were denied toilet paper and regular bathing, Huang said.

They had to live among about 30 dogs roaming inside the care home that operators bred for sale on the Internet, Huang said.

When police raided the home on May 31, officers reported finding locks on a refrigerator door and people who looked severely neglected, sleeping on mattresses on the floor and forced to remain in their rooms almost all day.

The victims' clothes were washed only once a month before a doctor came to visit and the defendants cashed their Social Security checks.

The inhabitants lived in "terrible, squalid conditions" and some "were disabled to the point where they could not take care of themselves," Huang said.

Those unable to afford toilet paper, offered by the care home for $3 a roll, had none to use and feces from the dogs was "everywhere" inside the home, he said.

The family-owned home began from word of mouth in San Jose's Vietnamese community as a place to house mentally ill relatives, Huang said.

Sonoma Co.: Woman Arrested for Fatally Stabbing Mother

A Sebastopol-area woman has been booked into jail for fatally stabbing her 59-year-old mother Monday morning, a Sonoma County sheriff's lieutenant said.

Julie Franzen, 24, was arrested for murder shortly after the body of Nancy Franzen was found around 8 a.m. in the home they shared in the 7900 block of Tocchini Street north of Sebastopol, sheriff's Lt. Dennis O'Leary said.

Deputies recovered what is believed to be the murder weapon, a large kitchen knife, in what O'Leary described as "a bloody crime scene" at the home, which had blood on the floor and furniture.

He said the fatal assault took place in multiple areas of the house.

No motive for the murder is known, O'Leary said. He said the sheriff's office has responded to incidents at the home in the past.

Deputies responded around 8 a.m. after Julie Franzen showed up at her next-door neighbor's house with a knife and blood on her hands.

She told her neighbor she had just killed someone, sheriff's Lt. Steve Brown said. Deputies found Nancy Franzen's body on the floor of a bedroom.

An autopsy will be done today or Wednesday, and Franzen likely will be arraigned in court Wednesday, O'Leary said.

Orinda: Man Suffers Major Burns While Making Hash Oil in Shed Behind Home 

A man was badly burned after apparently trying to make hash oil in a shed behind a home in Orinda on Sunday afternoon, a police sergeant said Monday.

Officers responded shortly after 1:30 p.m. Sunday to 12 Orchard Road and found crews attending to a man who suffered chemical burns, Orinda police Sgt. Neil Rafanan said.

The 24-year-old man was apparently in a shed behind the home and using butane to make hash oil when he suffered severe burns to his hands, upper torso and legs.

He was taken to a hospital where he remained Monday afternoon, Rafanan said.

There was also a marijuana grow operation in the shed, he said. The man had not been arrested as of Monday afternoon but charges could still be pending, Rafanan said.

SF: Two Women Shot, Third Pistol-Whipped During Attempted Robbery

Two women were shot and another was pistol-whipped during an attempted robbery near San Francisco State University early Sunday morning, a police spokesman said Monday.

The incident was reported at about 2:50 a.m. Sunday near Garfield and Byxbee streets in the city's Merced Heights neighborhood, police spokesman Officer Gordon Shyy said.

A suspect approached and pointed a gun at one of the victims and demanded her purse.

A struggle ensued and the suspect struck her with the firearm and then shot her in the neck, Shyy said.

The suspect then struggled with a second victim and shot her in the leg and then pistol-whipped the third victim before fleeing empty-handed, according to Shyy.

All three victims were transported to San Francisco General Hospital to be treated for their injuries, which are not considered life-threatening, he said.

The suspect was described only as a black man between 20 to 25 years old who was wearing a black puffy jacket.

He had not been found as of Monday afternoon, Shyy said.

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

Oakland: Man Pleads Not Guilty to Charge he Murdered His Girlfriend

An Oakland man pleaded not guilty Monday to a murder charge alleging that he fatally shot his girlfriend in early December.

Christopher Carter, 31, is scheduled to return to Alameda County Superior Court on March 25 for a pretrial hearing on charges stemming from the death of 32-year-old Jokay Ellis at their home at 10324 Longfellow Ave. in Oakland at about 7:45 p.m. on Dec. 7.

According to a probable cause statement filed in court by Oakland police Officer Sean Barre, Carter called police after the shooting and reported that he had just shot Ellis.

Carter told police that he was calling from the 1800 block of 109th Avenue so officers went there and arrested him without incident, Barre said.

Carter later told police where he had discarded the gun he had used to shoot Ellis and officers were able to recover it, according to Barre.

In addition to being charged with murder, Carter is charged with being an ex-felon in possession of a firearm.

He's also charged with having two prior convictions, which could add to his sentence if he's convicted of murdering Ellis.

According to the criminal complaint against him, Ellis was convicted of possession of a controlled substance in Alameda County on Oct. 23, 2009, and of second-degree commercial burglary in San Joaquin County on Sept. 14, 2006.

Contra Costa Co.: Phillips 66 Refinery Worker Injured in Haz Mat Incident

A delivery driver was injured in a hazardous materials incident at the Phillips 66 refinery in Contra Costa County Monday afternoon, according to fire crews.

Emergency personnel responded to a report of a hazardous material injury at about 12:18 p.m. at the refinery, located at 1380 San Pablo Ave. in Crockett, according to the Contra Costa County Fire District Battalion Chief Lon Goetsch.

According to emergency crews, a delivery driver was injured when an unknown leaking chemical spilled in the back of his truck.

Phillips 66 medical personnel and fire brigade were at the scene when the Contra Costa County Hazardous Materials Team and additional fire crews responded to the incident, Goetsch said.

Firefighters evacuated the area, secured a perimeter, and provided the victim with medical assistance.

The victim was transported by ambulance to Kaiser Permanente Richmond Medical Center, according to Goetsch.

Fire and hazardous material crews identified the spilled product, mitigated the hazards, and ensured that there were no additional risks to the public or the environment, according to Goetsch.

SF: Rally Supports Legislation for Bathroom Grab Bars, Telephone Jacks at SROS

Community members held a rally at San Francisco City Hall Monday afternoon supporting legislation that would mandate bathroom grab bars and telephone jack installations at single-room occupancy buildings.

The rally was attended by roughly 50 people who held signs that read, "Handrails not Handouts" and "Great Minds Need Landlines."

The legislation was discussed Monday during the land use and economic development committee of the city's Board of Supervisors.

Supervisor Eric Mar, one of the sponsors of the legislation, said the legislation would make it "safer for elders and those with disabilities."

Other sponsors include Supervisors David Chiu, David Campos, Jane Kim and John Avalos.

Joanna Fraguli with the Mayor's Office on Disability said her office has also been involved in the issue and plans to make a technical assistance manual for property owners if the legislation passes.

Carla Johnson, interim director of the office, said the manual would consist of photographs and diagrams demonstrating where the grab bars can be installed.

Johnson said, "This legislation is smart, it's simple, and economically sustainable and should provide minimal burden to property owners in the implementation."

Dan Jordan, a peer counselor with the Central City SRO Collaborative, has lived at a private SRO building in the city's South of Market neighborhood on Sixth Street since 2003.

Jordan said he has fallen in his bathroom multiple times due to its smooth tiles, which are older than ones in other facilities.

Jordan said the previous owners of his building would not install bathroom grab bars unless the city required it, highlighting the high costs property owners would incur.

Jordan has a telephone jack installed in his room and said the benefits of a telephone jack at SROs for the elderly include allowing them to make doctor appointments and call family members.

With five supervisors from the 11-member board sponsoring the proposal, Jordan said he hopes the legislation will pass.

"I'll keep my fingers crossed," he said. Other organizations at the rally included Senior and Disability Action, Community Tenants Association and the Mission SRO Collaborative.

Oakland: Ex-Con Pleads Not Guilty to Murdering Woman in Oakland

An ex-convict pleaded not guilty Monday to a murder charge stemming from the stabbing death of a 26-year-old Berkeley woman at an East Oakland apartment complex in late December, authorities said Monday.

Jamaal Prince, 35, of Berkeley is scheduled to return to Alameda County Superior Court on March 25 for a pretrial hearing for the death of Jennifer Kingeter, who was found dead in an apartment at 5800 Walnut St. in Oakland at about 2:30 a.m. on Dec. 28.

In addition to murder and the use of a deadly weapon, namely a knife, Prince is charged with having five prior felony convictions, which could add to his state prison term if he's convicted of murdering Kingeter.

Prince's prior convictions are for assault by means to produce great bodily injury in August 2010 for attacking his mother, vandalism causing more than $400 in damage in June 2008, possession of a firearm by a felon in January 1999, grand theft from a person in September 1996 and leaving the scene of an accident in which someone was seriously injured in January 2008.

All of Prince's previous crimes occurred in Alameda County except for the leaving the scene of an accident incident, which occurred in Stanislaus County.

Bay Area Tuesday Morning Weather Forecast

Mostly cloudy skies and patchy fog are likely in the Bay Area this morning. Highs are likely to be in the mid 50s, with western winds up to 20 mph.

Partly cloudy skies are likely this evening. Lows are expected to be in the mid 40s, with northwest winds up to 15 mph.

Sunny skies are likely Wednesday. Highs are expected to be in the mid 50s, with western winds up to 20 mph in the afternoon.

 

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