Daily Report

Colleges crack down on selling, sharing notes

February 3, 2012, 12:05 AM | Erica Perez, California Watch

Flickr/Columbia_Admissions

California State University and University of California campuses are taking new steps to limit what students can do with their class notes: At least one CSU Chico student recently was reported to judicial affairs for selling notes to a website, while a newly updated UC Berkeley policy restricts how students share their notes with others.

The policies raise questions about whether instructors or students have copyrights to the notes students take in class. While the California Education Code prohibits students and others from selling class notes – and many campuses have policies that also ban unauthorized note-selling – critics say students, not instructors, own the copyright to their own notes. 

Some university officials say faculty members have the right to protect their professional reputation – they don't want inaccurate or low-quality notes to be attributed to them. But others say the university policies are restricting students' free speech.

 

"Given the amount of money students are paying to go to school right now, to ... confront them with these policies and say, 'You don't even have the right to use your own notes any way you want,' seems to be the wrong message to be sending," said Jason M. Schultz, assistant clinical professor of law at UC Berkeley and director of the...

Contractors OK'd to bid on Fresno-area bullet train construction

February 3, 2012, 12:05 AM | Tim Sheehan, The Fresno Bee

snapphoto/istockphoto.com

Fourteen construction companies are on the short list of firms poised to bid for contracts to begin building California’s high-speed rail system in the Fresno area later this year.

The list was revealed by California High-Speed Rail Authority CEO Roelof van Ark at the authority board’s monthly meeting yesterday in Sacramento.

Van Ark said the companies have formed into five teams that the authority has qualified to compete for a contract on a stretch of the line through Fresno, from the San Joaquin River at the north end to American Avenue at the south end. The contract is expected to be worth $1.5 billion to $2 billion.

The builder teams are...

Poor, minority residents face most health risks with climate change

February 3, 2012, 12:05 AM | Bernice Yeung, California Watch

Werner Kunz/Flickr

Poor, urban and minority residents are most at risk for health problems linked to climate change, according to a new California Department of Public Health analysis of Los Angeles and Fresno counties.

The department examined social and environmental factors ranging from the rising sea level to public transportation access and found that African Americans and Latinos living in these counties are more likely to be exposed to health and safety risks related to poor air quality, heat waves, flooding and wildfires stemming from climate change. 

“Clearly, climate change risks are not equal across the state or within individual counties,” according to the report [PDF]. “Identifying communities at greatest risk is a necessary step in efficiently employing limited resources to protect public health.”

In Los Angeles County, neighborhoods near Santa Monica and Long Beach were among those deemed most vulnerable, "largely from risks due to sea level rise, but also partially attributable to poor public transit, wildfire risk, and a large proportion of elderly living alone,” the report said...

Pro-Romney super PAC rakes in cash from Calif. donors

February 2, 2012, 12:05 AM | Will Evans, California Watch

Gage Skidmore/Wikimedia CommonsGOP presidential candidate Mitt Romney

If super political action committee dollars were votes in the Republican presidential primary, California would already have voted resoundingly for Mitt Romney.

Restore Our Future, the super PAC supporting the former Massachusetts governor, collected $2.3 million from Californians last year, more than any other super PAC, according to new filings this week. The group boosting Newt Gingrich, on the other hand, pulled in a paltry $1,750 from California, less than any other super PAC involved in the Republican primary.

Super PACs have been omnipresent in the primary race, spending lavishly on hard-hitting TV ads and rivaling in influence the candidates' own campaigns. The political committees are controversial because, under loosened campaign finance regulations, they allow wealthy individuals and companies to give unlimited amounts of money to directly support their preferred candidates.

 

Much of California's pro-Romney money came from the world of private investment – not surprising, as Romney formerly headed investment firm Bain Capital and the industry's business practices have become a hot issue in the campaign...

End of redevelopment agencies traps $4B in local government loans

February 2, 2012, 12:05 AM | Kendall Taggart, California Watch

Kativ/istockphoto.com

More than 400 redevelopment agencies were officially shuttered yesterday, leaving a trail of uncertainty – and a potentially staggering debt load.

Across the state, cities and counties have loaned more than $4 billion to their redevelopment agencies over the past few decades, but according to the law governing how agencies will be dissolved, they may not be able to recover that money.

Until the Department of Finance reviews each agency's plan to pay off existing debts and obligations in late April, it is unclear how much of the money will be returned to cites and counties.

That has put the city of Hercules – which has been footing some of its agency's bills – in a tough spot. Ambac Assurance Corp., which provided financial guarantees for some of the redevelopment agency’s bonds, filed a lawsuit against the city on Monday, claiming the city had illegally transferred funds from its redevelopment agency into city coffers.

 

The city's redevelopment agency defaulted on a $2.4 million bond payment due yesterday. If Ambac wins its case, it could force the city into bankruptcy, said Steve Duran, Hercules' city manager since October. (His declaration filed in the case is available...

Media moguls headline Calif. super PAC giving

February 1, 2012, 10:21 AM | Chase Davis, California Watch

AlexKalina/istockphoto.com

Californians gave more than $12 million to super political action committees in 2011, bolstering the campaigns of President Barack Obama and his Republican challengers by taking advantage of new campaign finance rules that have been plagued by controversy.

In all, California residents gave more to super PACs last year than residents of any other state except Texas (which threw millions behind its own governor, Rick Perry), New York and Washington, D.C., according to filings submitted yesterday – the first time most super PAC donors have been made public.

The giving was headlined by DreamWorks executive Jeffrey Katzenberg and former Univision CEO Jerry Perenchio, both prolific campaign donors who each gave $2 million – Katzenberg to a super PAC supporting Obama and Perenchio to American Crossroads, a group led by Republican strategist Karl Rove.

A searchable database of all itemized super PAC contributors is available here.

Since they were enabled under a Supreme Court ruling in 2009, super PACs have attracted controversy by allowing wealthy individuals and organizations to spend unlimited amounts in support of their favored candidates...

Calif. clinic licensed by controversial stem cell treatment group

February 1, 2012, 12:05 AM | Christina Jewett, California Watch

BrianAJackson/istockphoto.com

Doctors at a Southern California clinic have announced that they are “licensed and trained” to perform a stem cell treatment pioneered by a Colorado group that is being sued by the U.S. Justice Department and Food and Drug Administration.

The FDA has asked a federal judge to stop the Denver-area doctors from performing a Regenexx procedure, which involves removing stem cells from a patient’s bone marrow, expanding them in a special solution and re-injecting the cells at the site of an injury.

The federal lawsuit, which was filed in August 2010 and is ongoing, contends that Regenerative Sciences is selling an unapproved product that has not been prepared in a safe manner.

Physicians from Regenerative Sciences in Colorado have said in court papers that they agreed to stop performing the procedure while the case is argued in court. Attorneys for Dr. Christopher Centeno, director of the Colorado group, and his partners say the FDA lawsuit should be stricken because the procedure constitutes the “practice of medicine,” which is not regulated by the FDA...

Explainer: The end of redevelopment agencies

January 31, 2012, 12:05 AM | Kendall Taggart, California Watch

DNY59/istockphoto.com

The gist: In late December, the California Supreme Court upheld legislation that ended a roughly 60-year-old program intended to combat blight. As a result, more than 400 redevelopment agencies are slated to dissolve by tomorrow.

How did redevelopment agencies work?

Redevelopment agencies gave local governments – usually cities, but sometimes counties – the ability to capture a greater share of property taxes. After an area was declared a redevelopment project area, the share of property taxes that goes to schools and other local agencies was frozen. All of the growth in property taxes from that point until the redevelopment area expired – usually 50 years – went back to the redevelopment agency.

What’s happening?

The Legislature passed two bills in June 2011 that laid the groundwork for redevelopment agencies’ demise.

The first bill, AB 26, ended the agencies and laid out a complex process for how they are supposed to be dissolved. The second bill, AB 27, gave local agencies an out: If they agreed to pay a large share of their funding to schools, they could continue to operate...

SF official wants to restrict police role in terrorism probes

January 31, 2012, 12:05 AM | G.W. Schulz, California Watch

FBI New York

A San Francisco politician wants tougher oversight of local police and the role they play in terrorism investigations following complaints from residents that they were unnecessarily targeted for questioning and surveillance by Joint Terrorism Task Forces.

Dozens of new task forces led by the FBI were created after the Sept. 11, 2001, attacks so local, state and federal law enforcement could work together to smoke out terrorism plots. But at times, they’ve been accused of too zealously collecting intelligence on people who have done little or nothing wrong.   

San Francisco City and County Supervisor Jane Kim wants the police department to fall in line with state and local privacy rules that restrict what information police can amass, and she wants investigators to refrain from gathering intelligence on people unless there is reasonable suspicion that the person has engaged in criminal conduct.

Controversy around law enforcement spying led to new general orders adopted during the 1990s that, among other things, required senior approval for San Francisco Police Department investigations of a person or group involved in First Amendment activities, such as political demonstrations. The rules also directed that the independent San Francisco Police Commission periodically review the investigations for...

Coastal Calif. to see cooler temperatures through spring

January 31, 2012, 12:05 AM | Susanne Rust, California Watch

cliffwass/istockphoto.com

It’s pretty well established that the earth is warming up. Researchers and government agencies have the numbers to show it, and they have plenty of graphs and charts to document the trend.

Now, the National Aeronautics and Space Administration has just released an updated animation that allows viewers to understand those numbers more intuitively.

The animated video, which shows a map of the planet, documents global changes in temperature between 1880, when a wide enough network of weather stations was available to record temperatures on a global scale, and 2011.

And while the trend toward higher temperatures is apparent, there are parts of the globe that vary from year to year, with colder-than-normal or average temperatures.

The coast of California, for instance, seemed about average in 2010 and 2011.

According to the California Nevada Applications Program, a branch of the Scripps Institution of Oceanography at UC San Diego, a La Niña weather pattern has been keeping the Pacific Ocean, and therefore coastal California, cool for much of the last year...

Brown rejects rail cost estimate of $100B

January 30, 2012, 4:50 PM | David Siders, The Sacramento Bee

Steve Rhodes/Flickr

California's high-speed rail project will cost far less than the state's current estimate of nearly $100 billion, and environmental fees paid by carbon producers will be a source of funding, Gov. Jerry Brown said in an interview aired in Los Angeles on Sunday.

The Democratic governor’s remarks suggest Brown may make substantial changes to the rail plan before seeking legislative approval this year.

“It’s not going to be $100 billion,” Brown said on ABC 7’s Eyewitness Newsmakers program. “That’s way off.”

 

It was the California High-Speed Rail Authority’s own business plan – a document embraced by Brown’s administration – that said the project could cost $98.5 billion over 20 years. Brown supported the project in his State of the State address and said further revisions to the plan would be released within weeks.

"Phase 1, I'm trying to redesign it in a way that in and of itself will be justified by the state investment," Brown said Sunday. "We do have other sources of money: For example, cap-and-trade, which is this measure where you make people who produce greenhouse gasses pay certain fees – that will be a source of funding going forward for the high speed rail.”

Brown said, "It's going to be a lot cheaper than people are saying...

Madera County joins bullet train opponents

January 30, 2012, 4:26 PM | Tim Sheehan, The Fresno Bee

California High-Speed Rail Authority

The ranks of local government agencies in the central San Joaquin Valley that have turned their backs on California’s proposed high-speed rail system is growing.

The latest to join the chorus is Madera County, where the Board of Supervisors voted 4-1 last week to reverse its earlier conditional support. Supervisors cited a rising price tag, a growing lack of confidence in the state High-Speed Rail Authority and frustration with the selection of a route through the county that disrupts more agricultural acreage than their preferred option.

The rail authority is proposing to build a 520-mile system of electric trains from San Francisco to Los Angeles and Anaheim. A stretch of tracks from Merced to Bakersfield would represent the “backbone” of the statewide system where construction would begin later this year. High-speed electric trains would not run on the tracks until the system reaches either San Jose or the Los Angeles basin.

 

Ultimately, plans call for extensions of the system to Sacramento and San Diego...

UC using more private developers for student housing

January 30, 2012, 12:05 AM | Erica Perez, California Watch

sshepard/istockphoto.com

The University of California has been slowly expanding the use of private developers to build student housing over the last decade, authorizing seven such deals since 2000 at UC Irvine, UC Davis and UC Riverside.

The growth of these partnerships in the Golden State is part of a national trend reported by The New York Times last week. In California, the partnerships have enabled the universities to meet student demand for on-campus housing while focusing their resources on other facilities needs. But with fancier amenities, they sometimes cost students more than university-built housing options.

The share of beds built by private developers remains small, at 9 percent of the total. Still, new student housing developments built and financed by third parties on university-owned land have helped fuel an increase in on-campus housing options for UC students. University housing reports from 2002 and 2011 show the number of student housing units or beds has grown 64 percent during that period, from 47,100 to 77,088...

Calif. drugmaker's HIV prevention pill draws concern

January 30, 2012, 12:05 AM | Bernice Yeung, California Watch

amphotora/istockphoto.com

Foster City drugmaker Gilead recently updated its application with the federal Food and Drug Administration for approval to market its HIV treatment medication Truvada as a HIV prevention pill. 

If the FDA approves Truvada for preventive use, it “would be the first agent indicated for uninfected individuals to reduce the risk of acquiring HIV through sex,” according to a company statement at the time of the filing last month.

Gilead’s application, however, has sparked debate among public health advocates who argue that the wide availability of the drug would discourage safe sex and would, in fact, increase the incidence of HIV.

“I believe that this could be catastrophic in terms of HIV prevention,” said Michael Weinstein, president the AIDS Healthcare Foundation, based in Los Angeles. There are nearly 42,000 Californians [PDF] living with HIV as of June 2011.

Weinstein added that as an HIV treatment, he thinks Truvada is a “fabulous drug – it’s one pill once a day, and it has a low side-effect burden,” which include nausea, vomiting and weight loss...

Job safety program works when enforced, study finds

January 30, 2012, 12:05 AM | Daniel J. Goldstein, California Watch

kali9/istockphoto.com

California may get a bad rap from businesses for its supposedly burdensome workplace regulations, but a new study shows that one 20-year-old provision to keep workers safe is doing its job – when it's followed up by inspections and fines.

A study by the RAND Corp. released Friday showed that the 1991 Injury and Illness Prevention Program has helped reduce workplace injuries by 26 percent at job sites – but only after the California Occupational Safety & Health Administration makes inspections and metes out fines for violations.

According to the law, employers are required to have an injury and illness prevention program and share it with employees, as well as train them on safe practices. But the RAND study, which looked at workplace injuries from 1991 to 2007, showed many employers are just writing up plans and not training their workers to be safe on the job. 

John Mendeloff, director of the RAND Center for Health and Safety in the Workplace and author of the study, said that when employers did go beyond that, "there seem to be some positive effects."  

Cal/OSHA inspects only about 8,000 to 10,000 job sites a year, out of about 700,000 places of employment in California. However, the number of inspections has fallen as California has grappled with its budget crisis...

State investigates skin lighteners for mercury

January 27, 2012, 12:38 PM | Ngoc Nguyen, New America Media

New America Media

SAN FRANCISCO -- There could be a dark side to skin-lightening creams often found in stores that cater to ethnic communities. 

Starting next week, California health officials will collect and test a sampling of skin-lightening products in the Bay Area for possible mercury contamination. Health officials launched the investigation in response to a spate of mercury poisoning cases linked to the tainted face creams that are made outside the United States. 

A handful of cases emerged in the mid ‘90s, but it was a 2010 case involving a 39-year-old Latina and her family in Alameda County that spurred the state to action. 

Coordinators of a health study found the East Bay resident with dangerously-high mercury levels, and notified state health officials.

An investigation traced the source of her mercury poisoning to an unlabeled jar of face cream, which relatives from Virginia had brought back from Mexico and given to her. 

 

State health officials, working with their Virginia counterparts, identified in total 22 people who were exposed to mercury through similar face creams, including extended family and friends. The case was highlighted last week in the Center for Disease Control and Prevention’s Morbidity and Mortality Weekly Report (MMWR)...

Billionaire insurance exec backs initiative to change rate rules

January 27, 2012, 12:05 AM | Will Evans, California Watch

 

tforgo/istockphoto.com

UPDATE, Jan. 27, 2011: Mercury Insurance provided this response to questions about its record.

The 90-year-old billionaire chairman of Mercury Insurance just won’t give up.

George Joseph gave $8.2 million to put an initiative on the November ballot that supporters say would lower car insurance rates for consumers who maintain continuous coverage. His Los Angeles-based company spent $15.8 million on a similar proposition, derided as a deceptive move to increase rates, that failed in 2010.

The new initiative qualified for the ballot last week, putting a renewed spotlight on Joseph and the company he founded in 1962. Joseph is a longtime conservative political donor, giving $1 million to the California Republican Party in 2010, though his company has given hundreds of thousands of dollars to the state Democratic party as well. Joseph also gave $1 million to a political action committee that spent millions against Dave Jones, a Democrat who won the state post of insurance commissioner in 2010...

For-profit accreditor seeks more accurate job placement data

January 27, 2012, 12:05 AM | Erica Perez, California Watch

Flickr/Charline Tetiyevsky

The accreditor that oversees several campuses owned by for-profit college company Career Education Corp. is demanding that it submit more accurate data on its job placement rates as part of a "show-cause" hearing, saying data the firm provided to the accrediting council in December was insufficient.

Illinois-based Career Education – which owns several campuses in California, including the Brooks Institute, California Culinary Academy and chain of Le Cordon Bleu schools – submitted data in late 2011 showing that at least 36 of 49 health and art-and-design colleges had not met the minimum 65 percent job placement rate required by the Accrediting Council for Independent Colleges and Schools.

The revelation about inflated job placement rates came from outside investigators hired by Career Education to respond to a subpoena from the New York attorney general. The attorney general's inquiry had focused on whether the schools were accurately counting the percentage of recent graduates who get jobs in the field – a major selling point for many colleges.

 

As a result of the investigators' findings, Career Education submitted data to the accrediting council showing that many of the colleges' 2010-11 job placement rates fell below the minimum standard...

US guidelines on food marketing to kids stalls

January 27, 2012, 12:05 AM | Bernice Yeung, California Watch

Simon Miller/Flickr

According to a recent analysis of medical costs in the research journal Obesity, California spends an estimated $15.2 billion on obesity-related health problems each year – the most in the country.

The California Department of Public Health’s Obesity Prevention Plan seeks to reduce obesity rates among Californians, calling for strategies ranging from easing access to fruits and vegetables to building roads and sidewalks to make walking easier.

It also wants to limit children’s exposure to “unhealthy” food and beverage advertising. One in nine California kids is obese or overweight, and a disproportionate number are minority and low-income children, according to the state Department of Public Health.

“California and the nation face a growing obesity epidemic that threatens the life expectancy gains of past decades and portends greater increases in health care costs,” the plan states...

Car emissions may fuel desert forest fires

January 26, 2012, 12:05 AM | Tia Ghose, California Watch

Rennett Stowe/Flickr

Nitrogen emissions from car exhaust and industrial sources might be increasing forest fires across the California desert by fueling the spread of invasive grasses, according to a new report by the Ecological Society of America. Agricultural nitrogen is also causing groundwater contamination in the state, the report concluded.

Most nitrogen in the atmosphere is trapped in an inert form that is unusable by most plants and animals. In nature, bacteria in the nodules of nitrogen-fixing plants, such as soybeans, must convert this bound nitrogen into a form that plants and animals use to grow.

But cars and power plants emit a form of nitrogen and oxygen called NOx, which falls to the ground when it rains or snows, said Eric Davidson, a soil ecologist and executive director at the Woods Hole Research Center in Falmouth, Mass., who led the study [PDF]. Unlike atmospheric nitrogen, NOx emissions deposit nitrates, which are readily taken up by plants.

 

In California, weedy, non-native grasses are edging out native plants in desert areas such as Joshua Tree National Park, and NOx is likely to blame.

"The native plants in the desert were not adapted to have that extra nitrogen, so they don't really grow all that much better, whereas these exotic grasses have evolved to make...

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