mercurynews--2020-12-31--Water content of California’s early winter snowpack lagging

By JOHN ANTCZAK | The Associated Press LOS ANGELES — The amount of water in California ’ s mountain snowpack is only about half of average for early winter , a state Department of Water Resources official said Wednesday , urging conservation but noting that a dry start doesn ’ t always predict the season ’ s outcome .
An automated sensor network on 260 snow courses statewide found the snow-water content to be 52 % of average to date , said Sean de Guzman , chief of the department ’ s snow surveys and water supply forecasting section .
@ @ @ @ @ @ @ news after snowshoeing out into a clearing at Phillips Station in the Sierra Nevada , where manual measurements have been conducted since 1941 .
The measurement there found 30.5 inches ( 77.4 centimeters ) of snow with a water content of 10.5 inches ( 26.6 centimeters ) , which equates to 93 % of average to date and 42 % of the April 1 average , the key date when the snowpack is typically at its peak .
The Sierra snowpack typically supplies about 30 % of the water needed by California when @ @ @ @ @ @ @ , eventually ending up in aqueducts and reservoirs .
Yet California continues to experience evidence of climate change and climate variation , de Guzman said .
Fall 2020 has been extremely dry , especially in the Sierra , and comes on the heels of last year ’ s below-average snow and precipitation so “ it remains critical that all Californians make water conservation a way of life , ” he said .
• Letters : Managing Delta | Unjust pardons | Facebook silences protests | Not in the numbers • Letters : Collaborate @ @ @ @ @ @ @ Facebook silences protest | Speaking for landlords He noted , however , that two-thirds of the wettest months — January and February — are yet to come and just a handful of storms can create the bulk of the Sierra snowpack .
The past summer saw wildfires burn huge swaths of California including Sierra forests , which will affect the snowpack , de Guzman said .
The scorched areas could alter snow retention due to loss of tree canopy and increased snowmelt along with reduced percolation of water into the ground due to @ @ @ @ @ @ @

By JOHN ANTCZAK | The Associated Press
LOS ANGELES — The amount of water in California’s mountain snowpack is only about half of average for early winter, a state Department of Water Resources official said Wednesday, urging conservation but noting that a dry start doesn’t always predict the season’s outcome.
An automated sensor network on 260 snow courses statewide found the snow-water content to be 52% of average to date, said Sean de Guzman, chief of the department’s snow surveys and water supply forecasting section.
De Guzman found a bit of better news after snowshoeing out into a clearing at Phillips Station in the Sierra Nevada, where manual measurements have been conducted since 1941.
The measurement there found 30.5 inches (77.4 centimeters) of snow with a water content of 10.5 inches (26.6 centimeters), which equates to 93% of average to date and 42% of the April 1 average, the key date when the snowpack is typically at its peak.
The Sierra snowpack typically supplies about 30% of the water needed by California when spring comes and it begins to melt, eventually ending up in aqueducts and reservoirs.
Yet California continues to experience evidence of climate change and climate variation, de Guzman said.
Fall 2020 has been extremely dry, especially in the Sierra, and comes on the heels of last year’s below-average snow and precipitation so “it remains critical that all Californians make water conservation a way of life,” he said.
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Opinion: EPA funding will help Valley Water better serve community Environment | Sediment pours into Butte Creek, threatening salmon He noted, however, that two-thirds of the wettest months — January and February — are yet to come and just a handful of storms can create the bulk of the Sierra snowpack.
The past summer saw wildfires burn huge swaths of California including Sierra forests, which will affect the snowpack, de Guzman said.
The scorched areas could alter snow retention due to loss of tree canopy and increased snowmelt along with reduced percolation of water into the ground due to severely burned soils, he said.


mercurynews--2020-12-31--Sponsored: Buyer wants to know what action to take after purchasing investment property and learning

Sponsored: Buyer wants to know what action to take after purchasing investment property and learning HOA forbids rentals

Q : Hi Pat : My title company never sent me the HOA covenants for a home I purchased as a rental investment .
The covenants ( I discovered after purchase ) effectively preclude me from renting the property .
Do I have any recourse against the title insurance policy ?
A : I ’ m not an attorney .
However , in California we have more than 25 homeowner association ( HOA ) documents that the seller must provide to the buyer .
Unfortunately , the seller in an HOA will often delegate the delivery of HOA documents to @ @ @ @ @ @ @ any follow-up .
Additionally , it is not uncommon for the seller ’ s agent to turn to the escrow officer to order the HOA documents from the HOA management company .
To make the matter more complicated , each HOA management company will have its checklist of HOA documents and costs that reads like a restaurant menu .
Conversely , the HOA document checklists and order forms from the California Association of Realtors ( C.A.R . )
do not .
The CAR forms list what HOA documents are required , not required @ @ @ @ @ @ @ get the picture ?
What appears to be so simple is ignored .
Purchase price and move-in date overshadow a residential home sale , rendering the equally critical moving parts of the transaction unattended .
Your buyer ’ s agent , the seller ’ s agent and the sellers have some explaining to do .
The escrow officer might have offered or agreed to order or distribute the HOA documents .
Either way , speak with a real estate attorney in your state .
For the first time , he or she will @ @ @ @ @ @ @ .
Only then will you be made whole .

Q: Hi Pat: My title company never sent me the HOA covenants for a home I purchased as a rental investment. The covenants (I discovered after purchase) effectively preclude me from renting the property. Do I have any recourse against the title insurance policy?
A: I’m not an attorney. However, in California we have more than 25 homeowner association (HOA) documents that the seller must provide to the buyer. Unfortunately, the seller in an HOA will often delegate the delivery of HOA documents to their seller’s agent, without any follow-up. Additionally, it is not uncommon for the seller’s agent to turn to the escrow officer to order the HOA documents from the HOA management company.
To make the matter more complicated, each HOA management company will have its checklist of HOA documents and costs that reads like a restaurant menu. Conversely, the HOA document checklists and order forms from the California Association of Realtors (C.A.R.) do not. The CAR forms list what HOA documents are required, not required, ordered and received.
Do you get the picture? What appears to be so simple is ignored. Purchase price and move-in date overshadow a residential home sale, rendering the equally critical moving parts of the transaction unattended.
Your buyer’s agent, the seller’s agent and the sellers have some explaining to do. The escrow officer might have offered or agreed to order or distribute the HOA documents. Either way, speak with a real estate attorney in your state. For the first time, he or she will examine all aspects of the sale holistically. Only then will you be made whole.
Questions? Realtor Pat Kapowich is a career-long consumer protection advocate and Certified Real Estate Brokerage Manager. 408-245-7700 Pat@SiliconValleyBroker.com DRE# 00979413 www.SiliconValleyBroker.com YouTube.com/PatKapowich


mercurynews--2020-12-31--Some California tribal casinos ring in 2021 as coronavirus spreads

By ELLIOT SPAGAT | The Associated Press SAN DIEGO — “ We ’ re open !
” says Thunder Valley Resort Casino .
Morongo Casino Resort & Spa declares , “ Good Times are back !
” Barona Resort Casino says , “ We ’ re open 24/7.
” Splashy messages on websites and freeway signs for California ’ s tribal casinos are a jarring contrast with the sober restraint that Gov .
Gavin Newsom has ordered amid a crushing surge in coronavirus cases that has overwhelmed hospitals statewide .
California ’ s self-governed tribal casinos have largely left safety @ @ @ @ @ @ @ as the government has stiffened restrictions on other businesses in most of the state .
Stay-at-home orders that began in early December prohibit indoor religious services and on-site dining , close gyms and cardrooms , restrict hotel reservations and limit capacity to 20 % at retail stores .
Tribal casinos operate under federal law on federally protected land , known as rancherias in California , so they ’ re not required to fall in line with Newsom ’ s orders .
The country ’ s 574 federally recognized tribes also are sovereign entities @ @ @ @ @ @ @ their businesses without approval from states .
Tribes outside California have reopened casinos with limited capacity and other safety precautions .
Casinos on the country ’ s largest Native American reservation , the Navajo Nation in the Southwest , have been closed since March .
Casino revenue is also a major source of income for tribes , which don ’ t have a tax base like state and local governments .
With few other places open New Year ’ s Eve , casinos have come under scrutiny for ringing in 2021 with a @ @ @ @ @ @ @ Rohnert Park , north of San Francisco , faced a backlash after announcing last week that it would close for a private party with up to 4,000 people .
It abruptly canceled the event and “ apologized for any inconvenience ” in a statement online .
The San Manuel Casino in Highland , east of Los Angeles , said Tuesday that its New Year ’ s Eve events were also off .
It will remain open for “ current limited capacity ” but there will be no midnight countdown , booze at the @ @ @ @ @ @ @ Casino in Temecula , California ’ s largest tribal casino , said Monday that it was closing to the “ general public ” on New Year ’ s Eve after previously canceling special celebrations and postponing concerts through March .
Closing to the public on New Year ’ s Eve was done to “ further discourage attendance , ” Jared Munoa , board president of the Pechanga Development Corp. , said this week .
Cache Creek Casino Resort , northwest of Sacramento , said it canceled plans for a public New Year ’ @ @ @ @ @ @ @ will open for “ a small number of special guests , ” estimated at less than 1 % of normal crowds .
Some casinos are sticking to festivities .
Thunder Valley , near Sacramento , promotes “ 2021 Celebration Giveaway ” drawings Friday and Saturday , with $ 8,000 grand prizes .
Viejas Casino & Resort , east of San Diego , advertises a $ 50,000 Bingo “ celebration ” on New Year ’ s Eve .
Bradley Pollock , a public health professor at UC Davis Health , acknowledged tribal rights and @ @ @ @ @ @ @ said “ anything that encourages people to come together physically is not good.
” He said New Year ’ s Eve celebrations are “ even more egregious.
” The Associated Press checked policies on websites of California ’ s 10 largest tribal casinos and sought comment from each by email or phone .
Some confirmed the policies and underscored their commitment to safety ; others didn ’ t respond .
All post significant restrictions , such as temperature checks at the door , required face coverings and more space between slot machines .
@ @ @ @ @ @ @ , restaurants are closed .
Gaming and dining capacity is more limited but few specify by how much .
Two exceptions : Pechanga and Pala Casino Spa Resort , near San Diego , say they cap attendance at 50 % of normal .
The few that have strengthened restrictions since November ’ s surge are still far looser than non-tribal businesses .
Cache Creek stopped bar service unless food is purchased .
Sycuan Casino Resort , near San Diego , introduced a dining cap of eight people per table and other rules .
@ @ @ @ @ @ @ own rules is unquestioned .
San Diego County Supervisor Nathan Fletcher , who has denounced restaurants and churches that defy health orders , said when casinos prepared to reopen in May that he was in no position to criticize .
• Coronavirus tracker : California reported more cases in two days than China ’ s total reported cases • Colorado officials suspect they ’ ve found a second case of the highly contagious UK coronavirus variant • COVID-19 outbreaks at Colorado ’ s two new In-N-Out restaurants grow to 122 employees “ This @ @ @ @ @ @ @ to make , and there is a very long and very dark history of the country , of white people in particular , telling our Native Americans what they should and shouldn ’ t do , ” he said .
“ I ’ m not going to be a part of continuing that into the future .
I respect their sovereignty.
” Information on how COVID-19 has spread from casinos is limited .
KPBS obtained San Diego County records and reported that outbreaks at seven casinos were linked to at least 638 COVID-19 @ @ @ @ @ @ @ It said at least 208 outbreaks occurred in restaurants and at least 125 at large retailers and grocery stores .
Pollock , of UC Davis Health , said hotels present limited risk of spread but dining and gaming are more troublesome .
“ How do you have a poker game with one dealer and one player per table ?
” he said .
“ I don ’ t know how you would ( safely ) do it otherwise.
” Associated Press writer Felicia Fonseca in Flagstaff , Arizona , contributed to this report @

By ELLIOT SPAGAT | The Associated Press
SAN DIEGO — “We’re open!” says Thunder Valley Resort Casino. Morongo Casino Resort & Spa declares, “Good Times are back!” Barona Resort Casino says, “We’re open 24/7.”
Splashy messages on websites and freeway signs for California’s tribal casinos are a jarring contrast with the sober restraint that Gov. Gavin Newsom has ordered amid a crushing surge in coronavirus cases that has overwhelmed hospitals statewide.
California’s self-governed tribal casinos have largely left safety rules unchanged since reopening in the spring as the government has stiffened restrictions on other businesses in most of the state. Stay-at-home orders that began in early December prohibit indoor religious services and on-site dining, close gyms and cardrooms, restrict hotel reservations and limit capacity to 20% at retail stores.
Tribal casinos operate under federal law on federally protected land, known as rancherias in California, so they’re not required to fall in line with Newsom’s orders. The country’s 574 federally recognized tribes also are sovereign entities and can decide on how to operate their businesses without approval from states.
Tribes outside California have reopened casinos with limited capacity and other safety precautions. Casinos on the country’s largest Native American reservation, the Navajo Nation in the Southwest, have been closed since March.
Casino revenue is also a major source of income for tribes, which don’t have a tax base like state and local governments.
With few other places open New Year’s Eve, casinos have come under scrutiny for ringing in 2021 with a bang. Graton Resort & Casino in Rohnert Park, north of San Francisco, faced a backlash after announcing last week that it would close for a private party with up to 4,000 people. It abruptly canceled the event and “apologized for any inconvenience” in a statement online.
The San Manuel Casino in Highland, east of Los Angeles, said Tuesday that its New Year’s Eve events were also off. It will remain open for “current limited capacity” but there will be no midnight countdown, booze at the bar or tableside dining.
Pechanga Resort Casino in Temecula, California’s largest tribal casino, said Monday that it was closing to the “general public” on New Year’s Eve after previously canceling special celebrations and postponing concerts through March.
Closing to the public on New Year’s Eve was done to “further discourage attendance,” Jared Munoa, board president of the Pechanga Development Corp., said this week.
Cache Creek Casino Resort, northwest of Sacramento, said it canceled plans for a public New Year’s Eve party in early December but will open for “a small number of special guests,” estimated at less than 1% of normal crowds.
Some casinos are sticking to festivities. Thunder Valley, near Sacramento, promotes “2021 Celebration Giveaway” drawings Friday and Saturday, with $8,000 grand prizes. Viejas Casino & Resort, east of San Diego, advertises a $50,000 Bingo “celebration” on New Year’s Eve.
Bradley Pollock, a public health professor at UC Davis Health, acknowledged tribal rights and the economic benefits that casinos deliver but said “anything that encourages people to come together physically is not good.” He said New Year’s Eve celebrations are “even more egregious.”
The Associated Press checked policies on websites of California’s 10 largest tribal casinos and sought comment from each by email or phone. Some confirmed the policies and underscored their commitment to safety; others didn’t respond.
All post significant restrictions, such as temperature checks at the door, required face coverings and more space between slot machines. Buffets and many, but not all, restaurants are closed.
Gaming and dining capacity is more limited but few specify by how much. Two exceptions: Pechanga and Pala Casino Spa Resort, near San Diego, say they cap attendance at 50% of normal.
The few that have strengthened restrictions since November’s surge are still far looser than non-tribal businesses. Cache Creek stopped bar service unless food is purchased. Sycuan Casino Resort, near San Diego, introduced a dining cap of eight people per table and other rules.
The right of tribes to determine their own rules is unquestioned. San Diego County Supervisor Nathan Fletcher, who has denounced restaurants and churches that defy health orders, said when casinos prepared to reopen in May that he was in no position to criticize.
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Information on how COVID-19 has spread from casinos is limited. KPBS obtained San Diego County records and reported that outbreaks at seven casinos were linked to at least 638 COVID-19 cases from late June to mid-December. It said at least 208 outbreaks occurred in restaurants and at least 125 at large retailers and grocery stores.
Pollock, of UC Davis Health, said hotels present limited risk of spread but dining and gaming are more troublesome.
“How do you have a poker game with one dealer and one player per table?” he said. “I don’t know how you would (safely) do it otherwise.”
___
Associated Press writer Felicia Fonseca in Flagstaff, Arizona, contributed to this report.


mercurynews--2020-12-31--Monterey Bay Aquarium loans hospital ultra-cold freezer for COVID-19 vaccine

MONTEREY — Lacking the equipment needed to keep doses of a COVID-19 vaccine at the correct temperature , Natividad Medical Center has partnered with the Monterey Bay Aquarium to use one of its deep freeze units until one the hospital has ordered arrives .
The Pfizer-BioNTech vaccine must be stored at a chilly 70 degrees below zero Celsius , or minus 94 Fahrenheit .
The aquarium ’ s ultra-cold freezer — one of two it owns — can reach temperatures down to minus 86 C ( -123 F ) , plenty cold to keep the vaccine viable .
By comparison @ @ @ @ @ @ @ Everest in winter , the average temperature would be a far warmer -37 C ( -34.6 F ) .
The other vaccine being shipped , made by Moderna , needs to be kept at -20 C ( -4 F ) .
The Moderna product can be stored in a standard freezer .
The Moderna vaccine received Food and Drug Administration approval after Pfizer .
Natividad has an ultra-cold freezer on backorder but it won ’ t arrive until late January .
Many hospitals across the nation opted not to purchase the specialized freezers @ @ @ @ @ @ @ which can cost $ 5,000 to $ 15,000 .
Natividad Foundation , the nonprofit that works to support Natividad , purchased the freezer with its donors ’ financial support .
The remaining freezer at the aquarium is enough for its uses .
Ken Peterson , a senior communications specialist with the aquarium , said it ’ s typically used to store archived serum and plasma from sea otters the aquarium has handled through its sea otter program , both with exhibit animals and wild sea otters .
• Some California tribal casinos ring @ @ @ @ @ @ @ tracker : California reported more cases in two days than China ’ s total reported cases • Colorado officials suspect they ’ ve found a second case of the highly contagious UK coronavirus variant • COVID-19 outbreaks at Colorado ’ s two new In-N-Out restaurants grow to 122 employees “ We ’ re glad the aquarium can help in an unexpected way to control COVID-19 in Monterey County , ” said aquarium veterinarian Dr. Mike Murray in a press release .
“ Ultra-cold freezers are in high demand across the country .
We @ @ @ @ @ @ @ to the hospital while waiting to take delivery on its own .
It ’ s the perfect place to store the Pfizer vaccine.
” The first recipients of the vaccine include hospital staff members who work physically in high-risk clinical care areas , including environmental services , nurses , physicians and patient transport .
Natividad serves a significant percentage of the county ’ s essential workers living in the Salinas Valley , making vaccine distribution especially critical .
“ We planned to hold the vaccine on dry ice , but that would have @ @ @ @ @ @ @ ” said Natividad Assistant Administrator Andrea Rosenberg , who oversees operations for the hospital .
“ We are very grateful to the aquarium for our collaboration.
” It was luck that David Rosenberg , the vice president of guest experience at the aquarium , is married to Andrea Rosenberg .
She let her husband know that Natividad ’ s ultra-cold freezer was on backorder and wouldn ’ t arrive till late January .
Word made it down to Murray , the veterinarian , who knew about the aquarium ’ s freezers .
With @ @ @ @ @ @ @ ice .

MONTEREY — Lacking the equipment needed to keep doses of a COVID-19 vaccine at the correct temperature, Natividad Medical Center has partnered with the Monterey Bay Aquarium to use one of its deep freeze units until one the hospital has ordered arrives.
The Pfizer-BioNTech vaccine must be stored at a chilly 70 degrees below zero Celsius, or minus 94 Fahrenheit. The aquarium’s ultra-cold freezer — one of two it owns — can reach temperatures down to minus 86 C (-123 F), plenty cold to keep the vaccine viable. By comparison, if you stood atop Mt. Everest in winter, the average temperature would be a far warmer -37 C (-34.6 F).
The other vaccine being shipped, made by Moderna, needs to be kept at -20 C (-4 F). The Moderna product can be stored in a standard freezer. The Moderna vaccine received Food and Drug Administration approval after Pfizer.
Natividad has an ultra-cold freezer on backorder but it won’t arrive until late January. Many hospitals across the nation opted not to purchase the specialized freezers needed to store the Pfizer vaccine, which can cost $5,000 to $15,000. Natividad Foundation, the nonprofit that works to support Natividad, purchased the freezer with its donors’ financial support.
The remaining freezer at the aquarium is enough for its uses. Ken Peterson, a senior communications specialist with the aquarium, said it’s typically used to store archived serum and plasma from sea otters the aquarium has handled through its sea otter program, both with exhibit animals and wild sea otters.
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Long Covid cases in US adults are on the decline, but many continue to struggle with symptoms Health | COVID Q&A: Can I use an expired test? Time to get boosted? How to cope with California’s sneaky summer surge “We’re glad the aquarium can help in an unexpected way to control COVID-19 in Monterey County,” said aquarium veterinarian Dr. Mike Murray in a press release. “Ultra-cold freezers are in high demand across the country. We’re honored to provide this freezer to the hospital while waiting to take delivery on its own. It’s the perfect place to store the Pfizer vaccine.”
The first recipients of the vaccine include hospital staff members who work physically in high-risk clinical care areas, including environmental services, nurses, physicians and patient transport. Natividad serves a significant percentage of the county’s essential workers living in the Salinas Valley, making vaccine distribution especially critical.
“We planned to hold the vaccine on dry ice, but that would have been a lot of extra work,” said Natividad Assistant Administrator Andrea Rosenberg, who oversees operations for the hospital. “We are very grateful to the aquarium for our collaboration.”
It was luck that David Rosenberg, the vice president of guest experience at the aquarium, is married to Andrea Rosenberg. She let her husband know that Natividad’s ultra-cold freezer was on backorder and wouldn’t arrive till late January. Word made it down to Murray, the veterinarian, who knew about the aquarium’s freezers.
With that, Natividad put that problem on ice.


mercurynews--2020-12-31--Murmurations: Bay Area birdwatchers stunned by starling spectacle in Marin

Movie theaters are closed and concerts are on hold , but the coronavirus pandemic hasn ’ t stopped nature from putting on a show in northern San Rafael .
Each night at dusk , thousands of birds have been flying in strangely shaped flocks above a graveyard along Highway 101 .
As they twist and twirl through the sky , onlookers gather below to watch the spectacle , which started about two weeks ago .
“ I had never seen anything like that in my life , except maybe on the Discovery Channel or ‘ Animal Planet , ’ ” @ @ @ @ @ @ @ his home in east San Rafael to the Northgate mall parking lot to watch the birds Tuesday night .
“ You can ’ t even explain it , ” said Sanford , who estimated there were hundreds of thousands of birds flying together .
“ They were just making these bizarre patterns where they would all loop together into a ball , and then they ’ d make a long strand — really unusual formations.
” It ’ s not the first time that such a show has made its way to San @ @ @ @ @ @ @ starlings , the birds are common in Marin County and occasionally fly around in massive flocks during the winter .
In 2007 , starlings took up residence for a few weeks at the same San Rafael graveyard where they ’ re gathering this month .
“ It ’ s fascinating , ” said Judy Edmonson , who manages the Mt .
Olivet Catholic Cemetery on Los Ranchitos Road .
“ It ’ s like a beautiful dance in the sky.
” When dusk fizzles into dark , the starlings land on the trees @ @ @ @ @ @ @ the night , Edmonson said .
In some cases , they gather in such large clumps that they weigh down tree branches , blocking the roads through the cemetery .
At dawn , they fly away .
Much like fish swimming in schools , it ’ s common for birds to fly in flocks , and scientists believe there are several reasons for such behavior , said Roger Harris , a retired bird biologist who lives in Corte Madera .
Flying together keeps the starlings warm on winter evenings , it confuses predators @ @ @ @ @ @ @ the birds to communicate when they have found food or a safe place to roost , he said .
Harris , who heard about the spectacle “ through the grapevine , ” has gone out to the cemetery three times over the past two weeks to watch the starling flights , which are known as murmurations .
All three times , he has noticed a peregrine falcon hunting the birds .
“ Each night they would swoop into the starling flock , take a starling and then leave , ” he said .
@ @ @ @ @ @ @ in murmurations , Harris said , known as “ the selfish herd theory.
” “ If you ’ re in a flock and there ’ s a predator , your odds of being taken are much lower , ” he explained .
Harris , who could not estimate the number of starlings but said there were “ way over 10,000 , ” said it ’ s unclear whether the birds putting on a show this month live in Marin .
He said it ’ s possible some of them do and others have @ @ @ @ @ @ @ The birds are native to Europe and Asia and were brought to the U.S. in 1890 , when somebody released about 100 of them in New York City as part of an effort to introduce all birds mentioned in Shakespeare ’ s works to Central Park , Harris said .
They were first documented in Marin County in 1945 , and by 1956 , a flock of 2,000 was seen in Novato , which was the largest group at the time , according to the Marin County Breeding Bird Atlas , edited by @ @ @ @ @ @ @ husband saw the murmurations for the first time on Monday night and they were so impressed that they invited some friends to join them at the Northgate parking lot on Tuesday .
A group of about 12 of them set up folding chairs and sat 6 feet apart as they watched the show , wrapped up in blankets .
“ They ’ re so graceful , ” Stanley said .
“ The sun is setting and it shines off the highest birds , so they kind of have a rosy glow .
They @ @ @ @ @ @ @ then finally land in the trees and start making a lot of noise.
” While dozens of people watched from the mall parking lot on Tuesday night , about 300 drove up to the cemetery for the show , according to Edmonson .
Because of the large crowds , she said the cemetery would be closed to bird spectators during the week , but it will be open for starling viewers until 7 on Friday , Saturday and Sunday nights .
The murmurations have also caused a stir on Highway 101 , with @ @ @ @ @ @ @ to watch , said California Highway Patrol Officer Andrew Barclay .
On Christmas Eve , somebody called 911 to report that about 20 southbound drivers had stopped in the highway shoulder north of the Lucas Valley Road exit to watch what the caller believed was either a tornado or a swarm of bugs .
Barclay urged drivers not to stop or slow down on the highway .

Movie theaters are closed and concerts are on hold, but the coronavirus pandemic hasn’t stopped nature from putting on a show in northern San Rafael.
Each night at dusk, thousands of birds have been flying in strangely shaped flocks above a graveyard along Highway 101. As they twist and twirl through the sky, onlookers gather below to watch the spectacle, which started about two weeks ago.
“I had never seen anything like that in my life, except maybe on the Discovery Channel or ‘Animal Planet,’” said Robert Sanford, who drove from his home in east San Rafael to the Northgate mall parking lot to watch the birds Tuesday night.
“You can’t even explain it,” said Sanford, who estimated there were hundreds of thousands of birds flying together. “They were just making these bizarre patterns where they would all loop together into a ball, and then they’d make a long strand — really unusual formations.”
It’s not the first time that such a show has made its way to San Rafael. Identified by biologists as European starlings, the birds are common in Marin County and occasionally fly around in massive flocks during the winter. In 2007, starlings took up residence for a few weeks at the same San Rafael graveyard where they’re gathering this month.
“It’s fascinating,” said Judy Edmonson, who manages the Mt. Olivet Catholic Cemetery on Los Ranchitos Road. “It’s like a beautiful dance in the sky.”
When dusk fizzles into dark, the starlings land on the trees that surround the graveyard and stay for the night, Edmonson said. In some cases, they gather in such large clumps that they weigh down tree branches, blocking the roads through the cemetery. At dawn, they fly away.
Much like fish swimming in schools, it’s common for birds to fly in flocks, and scientists believe there are several reasons for such behavior, said Roger Harris, a retired bird biologist who lives in Corte Madera. Flying together keeps the starlings warm on winter evenings, it confuses predators and it serves as a tool for the birds to communicate when they have found food or a safe place to roost, he said.
Harris, who heard about the spectacle “through the grapevine,” has gone out to the cemetery three times over the past two weeks to watch the starling flights, which are known as murmurations. All three times, he has noticed a peregrine falcon hunting the birds.
“Each night they would swoop into the starling flock, take a starling and then leave,” he said.
That illustrated another reason the starlings fly in murmurations, Harris said, known as “the selfish herd theory.”
“If you’re in a flock and there’s a predator, your odds of being taken are much lower,” he explained.
Harris, who could not estimate the number of starlings but said there were “way over 10,000,” said it’s unclear whether the birds putting on a show this month live in Marin. He said it’s possible some of them do and others have stopped in the county during migration.
The birds are native to Europe and Asia and were brought to the U.S. in 1890, when somebody released about 100 of them in New York City as part of an effort to introduce all birds mentioned in Shakespeare’s works to Central Park, Harris said. They were first documented in Marin County in 1945, and by 1956, a flock of 2,000 was seen in Novato, which was the largest group at the time, according to the Marin County Breeding Bird Atlas, edited by David Shuford.
Helen Stanley and her husband saw the murmurations for the first time on Monday night and they were so impressed that they invited some friends to join them at the Northgate parking lot on Tuesday. A group of about 12 of them set up folding chairs and sat 6 feet apart as they watched the show, wrapped up in blankets.
“They’re so graceful,” Stanley said. “The sun is setting and it shines off the highest birds, so they kind of have a rosy glow. They just keep circling down and down and then finally land in the trees and start making a lot of noise.”
While dozens of people watched from the mall parking lot on Tuesday night, about 300 drove up to the cemetery for the show, according to Edmonson. Because of the large crowds, she said the cemetery would be closed to bird spectators during the week, but it will be open for starling viewers until 7 on Friday, Saturday and Sunday nights.
The murmurations have also caused a stir on Highway 101, with drivers mesmerized by the birds pulling over to watch, said California Highway Patrol Officer Andrew Barclay. On Christmas Eve, somebody called 911 to report that about 20 southbound drivers had stopped in the highway shoulder north of the Lucas Valley Road exit to watch what the caller believed was either a tornado or a swarm of bugs. Barclay urged drivers not to stop or slow down on the highway.


mercurynews--2020-12-31--Anti-mask protesters hold demonstration at Downtown Santa Cruz Farmers Market

SANTA CRUZ – A group of protesters gathered at the Downtown Santa Cruz Farmers Market sans-masks to protest what they said are unjust policies held by the farmers market .
“ We ’ re just trying to shop here without a mask , so we can breathe , ” said Kristy Fernandes , one of the protesters .
“ We wanted to show them that we were serious and that there were many of us that were hurting.
” The farmers market has a policy which requires all patrons to wear a mask while on the premises .
Signs are @ @ @ @ @ @ @ asking shoppers to wear a mask , keep 6 feet of separation , wash their hands , only touch food they plan to purchase and stay home if they feel sick .
Smaller signs read , “ Everyone must wear a face mask at the farmers market .
This is required by Santa Cruz County.
” Protesters believe the mask mandate is unlawful and they are being discriminated against , due to an inability to wear masks over medical conditions .
Members of the group likened the situation to not allowing someone to @ @ @ @ @ @ @ wheelchair-bound .
“ We have the right to not wear one .
Many of us can not wear one .
Some people would literally pass out by wearing something over their face , ” Fernandes said .
“ It ’ s not a law .
We want to breathe freely .
I ’ m pregnant , that ’ s dangerous to my fetus.
” While protesters claim the farmers market is discriminating against them , the farmers market has made an effort to accommodate patrons who have medical conditions or who don ’ @ @ @ @ @ @ @ The farmers market accommodates those with medical conditions , disabilities or who don ’ t want to wear a mask by setting up a program where farmers market workers shop for those people .
Workers take a patron ’ s grocery list , purchase the groceries , tally up the total and do the exchange at their cars .
The program was originally offered on an individual basis by those who reached out to the farmers market , but recently became a public affair .
“ There ’ s actually no need for @ @ @ @ @ @ @ entity itself created a program … in order to , through the pandemic , take care of any situation like this , ” said Santa Cruz Police Department Lt. Carter Jones .
“ None of ( the protesters ) have or won ’ t even talk about that situation because they want to create more of a protest where people are violating their rights when the farmers market has accommodated everything to provide service to them.
” Protesters cited several California laws that local law enforcement and the farmers market were allegedly breaking @ @ @ @ @ @ @ Profession Code 2052 , which makes it illegal to impersonate a doctor , and California Penal Code 538D , which makes it unlawful to impersonate a police officer .
Protesters also stated the act violates California Civil Code 51 , which protects citizens from discrimination by businesses and California Penal Code 236PC , which protects citizens from false imprisonment .
Lastly , they stated their First Amendment rights were being infringed upon .
“ False imprisonment by not letting us move forward , ” Fernandes said in reference to the alleged violation of @ @ @ @ @ @ @ ’ s more too , but those are the main ones.
” Jones stated that no laws were being broken and suggested that protesters need to re-educate themselves on what the law actually protects .
“ The farmers market rents out the space .
By them renting out the space , they ’ re just like any other entity that rents something .
They have the right to refuse service to anyone , ” Jones said .
“ Because these people chose not to wear masks , they have the right to refuse @ @ @ @ @ @ @ shortly after 4 p.m. when protesters congregated at the Calvary Episcopal Church , across the street from the farmers market .
After several minutes , they crossed Cedar Street and into the front of the farmers market , equipped with cellphone cameras to document the event .
The protesters were met by farmers market workers and a verbal altercation between the two groups erupted with accusations from both sides .
A group of bystanders began to form around the protesters and heckling began from both sides .
“ I just want to shop @ @ @ @ @ @ @ one of the protesters .
Bystanders responded to his statement with calls to wear a mask if he wished to patronize the farmers market .
“ It ’ s called freedom of choice , ” he responded .
“ We have to stand together .
We ’ re both victims of the county.
” • Some California tribal casinos ring in 2021 as coronavirus spreads • Coronavirus tracker : California reported more cases in two days than China ’ s total reported cases • Colorado officials suspect they ’ ve found a second @ @ @ @ @ @ @ variant • COVID-19 outbreaks at Colorado ’ s two new In-N-Out restaurants grow to 122 employees Police arrived on the scene at 4:26 p.m. After a short discussion with both sides , they informed the maskless protesters that they needed to exit the farmers market or face trespassing charges .
The protesters left the lot but continued to stand just off the property on the adjacent sidewalk .
Police officers lined up along the entrance of the farmers market and stepped back as tensions cooled .
“ We believe in everybody ’ s @ @ @ @ @ @ @ also believe in people ’ s health and public safety , ” Jones said .
“ When we ’ re in the middle of a pandemic and people choose not to wear a mask , that can directly affect other people that may have pre-existing health conditions .
That ’ s their choice to not wear a mask , but unfortunately , they can ’ t come into a private entity by doing that .
”

SANTA CRUZ – A group of protesters gathered at the Downtown Santa Cruz Farmers Market sans-masks to protest what they said are unjust policies held by the farmers market.
“We’re just trying to shop here without a mask, so we can breathe,” said Kristy Fernandes, one of the protesters. “We wanted to show them that we were serious and that there were many of us that were hurting.”
The farmers market has a policy which requires all patrons to wear a mask while on the premises. Signs are posted at all entrances of the market asking shoppers to wear a mask, keep 6 feet of separation, wash their hands, only touch food they plan to purchase and stay home if they feel sick.
Smaller signs read, “Everyone must wear a face mask at the farmers market. This is required by Santa Cruz County.”
Protesters believe the mask mandate is unlawful and they are being discriminated against, due to an inability to wear masks over medical conditions. Members of the group likened the situation to not allowing someone to shop at an establishment because they are wheelchair-bound.
“We have the right to not wear one. Many of us cannot wear one. Some people would literally pass out by wearing something over their face,” Fernandes said. “It’s not a law. We want to breathe freely. I’m pregnant, that’s dangerous to my fetus.”
While protesters claim the farmers market is discriminating against them, the farmers market has made an effort to accommodate patrons who have medical conditions or who don’t want to wear a mask.
The farmers market accommodates those with medical conditions, disabilities or who don’t want to wear a mask by setting up a program where farmers market workers shop for those people. Workers take a patron’s grocery list, purchase the groceries, tally up the total and do the exchange at their cars.
The program was originally offered on an individual basis by those who reached out to the farmers market, but recently became a public affair.
“There’s actually no need for any of this because the farmers market entity itself created a program … in order to, through the pandemic, take care of any situation like this,” said Santa Cruz Police Department Lt. Carter Jones. “None of (the protesters) have or won’t even talk about that situation because they want to create more of a protest where people are violating their rights when the farmers market has accommodated everything to provide service to them.”
Protesters cited several California laws that local law enforcement and the farmers market were allegedly breaking. Those laws included California Business and Profession Code 2052, which makes it illegal to impersonate a doctor, and California Penal Code 538D, which makes it unlawful to impersonate a police officer.
Protesters also stated the act violates California Civil Code 51, which protects citizens from discrimination by businesses and California Penal Code 236PC, which protects citizens from false imprisonment. Lastly, they stated their First Amendment rights were being infringed upon.
“False imprisonment by not letting us move forward,” Fernandes said in reference to the alleged violation of California Penal Code 236PC. “There’s more too, but those are the main ones.”
Jones stated that no laws were being broken and suggested that protesters need to re-educate themselves on what the law actually protects.
“The farmers market rents out the space. By them renting out the space, they’re just like any other entity that rents something. They have the right to refuse service to anyone,” Jones said. “Because these people chose not to wear masks, they have the right to refuse service to them.”
The protest began shortly after 4 p.m. when protesters congregated at the Calvary Episcopal Church, across the street from the farmers market. After several minutes, they crossed Cedar Street and into the front of the farmers market, equipped with cellphone cameras to document the event.
The protesters were met by farmers market workers and a verbal altercation between the two groups erupted with accusations from both sides. A group of bystanders began to form around the protesters and heckling began from both sides.
“I just want to shop and get some food,” said one of the protesters.
Bystanders responded to his statement with calls to wear a mask if he wished to patronize the farmers market.
“It’s called freedom of choice,” he responded. “We have to stand together. We’re both victims of the county.”
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The protesters left the lot but continued to stand just off the property on the adjacent sidewalk. Police officers lined up along the entrance of the farmers market and stepped back as tensions cooled.
“We believe in everybody’s rights under the constitution, but we also believe in people’s health and public safety,” Jones said. “When we’re in the middle of a pandemic and people choose not to wear a mask, that can directly affect other people that may have pre-existing health conditions. That’s their choice to not wear a mask, but unfortunately, they can’t come into a private entity by doing that.”


mercurynews--2020-12-31--California woman accused of fatal DUI crash sued on behalf of 3 children left orphaned

Attorneys representing three girls orphaned when their parents were killed in a recent Newport Beach crash have filed a wrongful-death lawsuit against the driver charged with causing the collision .
The civil complaint filed late last week in Orange County Superior Court against 22-year-old Grace Coleman also names her parents – James and Kelli Coleman – and alleges they share responsibility because they owned and allowed their daughter to drive the Range Rover involved in the collision .
Grace Coleman is facing second-degree murder , DUI and hit-and-run counts related to the Dec. 8 crash in Newport Beach , as @ @ @ @ @ @ @ Aug. 29 arrest in Laguna Beach .
According to one of the attorneys involved in the new civil lawsuit , Coleman was also allegedly involved in a hit-and-run with a parked vehicle in June 2019 that was being handled through insurance , and had a history of posting photos of herself holding alcohol or drinking on social media .
“ All the while she is living with her parents and driving their vehicle , ” said Jeff Roberts , one of the attorneys who filed the civil lawsuit .
“ Grace Coleman needed @ @ @ @ @ @ @ Her parents should not have allowed her access to their vehicle , yet they did.
” It wasn ’ t clear if Coleman or her family have hired attorneys to represent them in the civil case .
Family members did not respond to a request for comment sent through her criminal defense attorneys .
Prosecutors allege that the night of the fatal crash , Coleman had been driven home from a brewery then got into the Range Rover .
She is accused of running a red light at Pelican Hill Road South and @ @ @ @ @ @ @ Nissan Versa .
The driver of the Versa , Henry Saldana-Mejia , 27 , and his wife , Gabriela Andrade , 28 , were killed .
The Santa Ana couple ’ s 1-,4- , and 5-year-old children – who were secured in car seats – were injured in the crash , authorities said .
The three girls left the hospital on Dec. 15 after being treated for what the lawsuit describes as “ multiple broken legs and head injuries.
” According to their family , the physical health of the girls has continued @ @ @ @ @ @ @ to serve as a foster parent for the girls , and is petitioning to be their permanent guardian , a declaration filed with the lawsuit says .
Roberts said the lawsuit – which seeks an unspecified amount of monetary damages – is meant to make sure the girls get the help they need .
• San Jose police seeking two drivers who hit and killed pedestrian over the weekend • Photographer at illegal street racing event in Southern California struck and killed on Christmas Day • San Jose : Man is killed by @ @ @ @ @ @ @ want to set them up to be taken care of , primarily financially , in place of what mom and dad would have been there to provide , ” Roberts said .
“ It ’ s so unfortunate that the only thing that is available is money.
” Roberts said he feels sorry not only for the girls and their family , but also for Coleman , who the attorney described as having “ ruined her life.
” “ It is a tragedy on so many levels , ” Roberts said .
Coleman @ @ @ @ @ @ @ bail after a judge last week refused a request by her attorneys to have her placed in a residential treatment facility .
Her criminal defense attorneys have declined to comment on the criminal case .

Attorneys representing three girls orphaned when their parents were killed in a recent Newport Beach crash have filed a wrongful-death lawsuit against the driver charged with causing the collision.
The civil complaint filed late last week in Orange County Superior Court against 22-year-old Grace Coleman also names her parents – James and Kelli Coleman – and alleges they share responsibility because they owned and allowed their daughter to drive the Range Rover involved in the collision.
Grace Coleman is facing second-degree murder, DUI and hit-and-run counts related to the Dec. 8 crash in Newport Beach, as well as misdemeanor DUI counts following an Aug. 29 arrest in Laguna Beach.
According to one of the attorneys involved in the new civil lawsuit, Coleman was also allegedly involved in a hit-and-run with a parked vehicle in June 2019 that was being handled through insurance, and had a history of posting photos of herself holding alcohol or drinking on social media.
“All the while she is living with her parents and driving their vehicle,” said Jeff Roberts, one of the attorneys who filed the civil lawsuit. “Grace Coleman needed help, not a Range Rover. Her parents should not have allowed her access to their vehicle, yet they did.”
It wasn’t clear if Coleman or her family have hired attorneys to represent them in the civil case. Family members did not respond to a request for comment sent through her criminal defense attorneys.
Prosecutors allege that the night of the fatal crash, Coleman had been driven home from a brewery then got into the Range Rover. She is accused of running a red light at Pelican Hill Road South and Newport Coast Drive and colliding with a Nissan Versa.
The driver of the Versa, Henry Saldana-Mejia, 27, and his wife, Gabriela Andrade, 28, were killed. The Santa Ana couple’s 1-,4-, and 5-year-old children – who were secured in car seats – were injured in the crash, authorities said.
The three girls left the hospital on Dec. 15 after being treated for what the lawsuit describes as “multiple broken legs and head injuries.” According to their family, the physical health of the girls has continued to improve.
A relative has agreed to serve as a foster parent for the girls, and is petitioning to be their permanent guardian, a declaration filed with the lawsuit says.
Roberts said the lawsuit – which seeks an unspecified amount of monetary damages – is meant to make sure the girls get the help they need.
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Roberts said he feels sorry not only for the girls and their family, but also for Coleman, who the attorney described as having “ruined her life.”
“It is a tragedy on so many levels,” Roberts said.
Coleman is being held without the chance for bail after a judge last week refused a request by her attorneys to have her placed in a residential treatment facility. Her criminal defense attorneys have declined to comment on the criminal case.


mercurynews--2020-12-31--Coronavirus tracker: California reported more cases in two days than China’s total reported cases

Tuesday ’ s end-of-day totals reported by California public heath websites added 36,012 new cases of the coronavirus in the @ @ @ @ @ number of people who have been infected to 2,230,094 .
California two-day total of 101,729 @ @ @ @ @ China ’ s reported 95,851 total cases .
There were also 427 new deaths reported @ @ @ @ @ total number of people who have died in the state to 24,961 .
An additional @ @ @ @ @ California hospitals , making for 21,433 hospitalizations statewide .
While ages 18 to 49 account @ @ @ @ @ ( 59 % ) , those ages 65 and older account for the majority of @ @ @ @ @ .
A majority of cases ( 56 % ) and deaths ( 47 % ) @ @ @ @ @ RELATED : What public health leaders mean by ‘ 0 % ICU beds available ’ @ @ @ @ @ Control and Prevention , Johns Hopkins University , the World Health Organization , the California @ @ @ @ @ The Associated Press , reporting counties and news sources

Tuesday’s end-of-day totals reported by California public heath websites added 36,012 new cases of the coronavirus in the state, bringing the total number of people who have been infected to 2,230,094.
California two-day total of 101,729 new cases is more than China’s reported 95,851 total cases.
There were also 427 new deaths reported in California, bringing the total number of people who have died in the state to 24,961.
An additional 193 patients were admitted into California hospitals, making for 21,433 hospitalizations statewide.
While ages 18 to 49 account for the majority of cases (59%), those ages 65 and older account for the majority of deaths (74%).
A majority of cases (56%) and deaths (47%) have occurred among Latinos.
RELATED: What public health leaders mean by ‘0% ICU beds available’
Sources: Centers for Disease Control and Prevention, Johns Hopkins University, the World Health Organization, the California Department of Public Health, The Associated Press, reporting counties and news sources


mercurynews--2020-01-01--Two lawsuits filed against Oakland Diocese allege child abuse at Union City church in 1970

OAKLAND –Two people who say they were sexually abused as children by a pair of Catholic priests at a Union City church in the 1970s sued the Diocese of Oakland on Tuesday alleging it helped cover up their exploitation .
“ This has wrecked my entire life , every aspect of my life ” one of the victims , James Brogen , said at a press conference announcing the suits .
“ It ’ s hard to feel like a survivor when you ’ re still suffering.
” The suits allege that diocese officials worked to hide abuse at Our @ @ @ @ @ @ @ City in the 1970s involving two priests , Stephen Kiesle and George E. Crespin .
Brogen , who grew up in what his suit described as a devout Catholic family in Hayward , called Our Lady of the Rosary a “ house of evil.
” The Bishop of the Oakland Diocese , Michael Barber , did not respond to a request for comment on the lawsuits Tuesday .
Kiesle , of Pinole , served a six-year prison sentence for molesting a young girl at his Truckee vacation home , and was convicted in @ @ @ @ @ @ @ at Our Lady of the Rosary , according to reports in this newspaper in 2005 .
He is now defrocked .
Crespin later became a high-ranking diocese official and served as a retired priest until 2011 at St. Joseph the Worker in Berkeley .
He is now a priest in residence at St. Cornelius Church in Richmond , according to the church ’ s website .
The allegation against Crespin was cleared by the Diocese because it said there was a lack of evidence .
In 2005 this news organization reported that the @ @ @ @ @ @ @ lawsuit against him as part of a $ 56.4 million “ global settlement ” with victims of childhood sexual abuse by priests .
Crespin was not included on a list of 45 abusive priests released by the diocese in February .
The suits were filed In Alameda County Superior Court under a new state law , AB , 2018 , which extended for three years the deadline to sue over priest abuse , and also extended the age of eligible victims from 26 to 40 .
The lead attorney , Jeff Anderson , @ @ @ @ @ @ @ and is planning to legal action against nine other California dioceses and one religious order in the coming weeks .
He is planning to announce a lawsuit against the Diocese of Salinas on Wednesday .
Brian Barnes , a victim whose lawsuit is expected to be filed next month , said the abuse he suffered from Kiesle when he was 11 years old is something “ I kept to myself for decades.
” “ I kept this dark secret , ” he said .
“ As a child I lost my faith.
” @ @ @ @ @ @ @ standing before large photos of Crespin and Kiesle , “ is one of the hardest things I ’ ve done.
” But he said he was motivated by the fact that he has three teenage daughters and wants to keep them and other children safe .
Attorney Rick Simons said Kiesle was “ known as the Pied Piper .
Where ever he went , the kids would follow him around.
” Kiesle has been accused of molesting dozens of children between 1972 and 1995 .
He left the priesthood in 1981 , but @ @ @ @ @ @ @ until 1987 .
Crespin became an Oakland Diocese official after leaving the Union City church .
Anderson said in a statement that Crespin concealed “ from law enforcement reports of clergy sex abuse by other priests ” while “ failing to note accusations in the priests ’ personnel files.
” The suits come as state Attorney General Xavier Becerra has opened a state-wide investigation of priest sexual abuse and is subpoenaing records from 12 diocese in the state .
The investigation and legal actions can not come quick enough for Brogen .
The @ @ @ @ @ @ @ to stop .
”

A correction to an earlier version of this article has been appended to the end of the article.
OAKLAND — Two people who say they were sexually abused as children by a pair of Catholic priests at a Union City church in the 1970s sued the Diocese of Oakland on Tuesday alleging it helped cover up their exploitation.
“This has wrecked my entire life, every aspect of my life” one of the victims, James Brogen, said at a press conference announcing the suits. “It’s hard to feel like a survivor when you’re still suffering.”
The suits allege that diocese officials worked to hide abuse at Our Lady of the Rosary church in Union City in the 1970s involving two priests, Stephen Kiesle and George E. Crespin.
Brogen, who grew up in what his suit described as a devout Catholic family in Hayward, called Our Lady of the Rosary a “house of evil.”
The Bishop of the Oakland Diocese, Michael Barber, did not respond to a request for comment on the lawsuits Tuesday.
Kiesle, of Pinole, served a six-year prison sentence for molesting a young girl at his Truckee vacation home, and was convicted in 1978 of molesting two boys while working at Our Lady of the Rosary, according to reports in this newspaper in 2005. He is now defrocked.
Crespin later became a high-ranking diocese official and served as a retired priest until 2011 at St. Joseph the Worker in Berkeley. He is now a priest in residence at St. Cornelius Church in Richmond, according to the church’s website.
The allegation against Crespin was cleared by the Diocese because it said there was a lack of evidence. In 2005 this news organization reported that the church paid $600,000 to settle a lawsuit against him as part of a $56.4 million “global settlement” with victims of childhood sexual abuse by priests. Crespin was not included on a list of 45 abusive priests released by the diocese in February.
The suits were filed In Alameda County Superior Court under a new state law, AB, 218, which extended for three years the deadline to sue over priest abuse, and also extended the age of eligible victims from 26 to 40. The lead attorney, Jeff Anderson, has also filed suits in Southern California and is planning to legal action against nine other California dioceses and one religious order in the coming weeks. He is planning to announce a lawsuit against the Diocese of Monterey on Wednesday.
Brian Barnes, a victim whose lawsuit is expected to be filed next month, said the abuse he suffered from Kiesle when he was 11 years old is something “I kept to myself for decades.”
“I kept this dark secret,” he said. “As a child I lost my faith.”
Coming forward Tuesday, Barnes said while standing before large photos of Crespin and Kiesle, “is one of the hardest things I’ve done.” But he said he was motivated by the fact that he has three teenage daughters and wants to keep them and other children safe.
Attorney Rick Simons said Kiesle was “known as the Pied Piper. Where ever he went, the kids would follow him around.”
Kiesle has been accused of molesting dozens of children between 1972 and 1995. He left the priesthood in 1981, but the Vatican didn’t defrock him until 1987.
Crespin became an Oakland Diocese official after leaving the Union City church. Anderson said in a statement that Crespin concealed “from law enforcement reports of clergy sex abuse by other priests” while “failing to note accusations in the priests’ personnel files.”
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The suits come as state Attorney General Xavier Becerra has opened a state-wide investigation of priest sexual abuse and is subpoenaing records from 12 diocese in the state.
The investigation and legal actions cannot come quick enough for Brogen.
The abuses, he said “have got to stop.”
— Veronica Martinez contributed to this story.


mercurynews--2020-01-01--Steve Kerr: NBA has gone overboard in rewarding fouls

SAN FRANCISCO — From an arena where he played four seasons in the late 1990s and early 2000s , Warriors head coach Steve Kerr said he doesn ’ t quite want hand-checking to be re-instituted , but that he believes the NBA too generously calls fouls on offensive players .
But Kerr isn ’ t blaming the players .
He believes the NBA has gone too far in awarding offensive players when they are trying to fool officials .
“ We have to decide as a league , are we going to call fouls that people would laugh about at @ @ @ @ @ @ @ before Tuesday night ’ s game against the Spurs at AT & T Center .
Within the last week , Golden State has played two of the top foul-drawers in the league in Rockets guard James Harden and Mavericks guard Luka Doncic .
Both rank in the top four in free throw attempts per game .
Harden , in particular , makes getting to the free-throw line a priority and often moves to draw contact .
He attempted just one free throw in Golden State ’ s win on Wednesday , nearly 11 @ @ @ @ @ @ @ think we need to get back to the point where players need to earn fouls and earn it by beating their man and drawing contact in a natural way and not flopping , and flailing and grabbing arms , ” Kerr said .
“ That ’ s going on all over the league.
” On Saturday , NBA officials made headlines when Trail Blazers forward Anthony Tolliver was called for a foul on Lakers forward LeBron James .
Tolliver chased down and swiped at James , making slight contact .
James flailed , @ @ @ @ @ @ @ Blazers head coach Terry Stotts , believing James exaggerated the contact , called a timeout and asked for a coach ’ s challenge .
After review , officials confirmed the foul .
Many on social media widely panned James , but Kerr questioned the league itself .
“ I don ’ t blame the players .
If the league is going to allow it , then the players should 100 % do it , ” Kerr said .
“ More power to him.
” • Warriors mailbag : Addressing the Karl-Anthony Towns rumors @ @ @ @ @

SAN FRANCISCO — From an arena where he played four seasons in the late 1990s and early 2000s, Warriors head coach Steve Kerr said he doesn’t quite want hand-checking to be re-instituted, but that he believes the NBA too generously calls fouls on offensive players.
But Kerr isn’t blaming the players. He believes the NBA has gone too far in awarding offensive players when they are trying to fool officials.
“We have to decide as a league, are we going to call fouls that people would laugh about at a pickup game?” Kerr said before Tuesday night’s game against the Spurs at AT&T Center.
Within the last week, Golden State has played two of the top foul-drawers in the league in Rockets guard James Harden and Mavericks guard Luka Doncic. Both rank in the top four in free throw attempts per game.
Harden, in particular, makes getting to the free-throw line a priority and often moves to draw contact. He attempted just one free throw in Golden State’s win on Wednesday, nearly 11 below his season average.
“I think we need to get back to the point where players need to earn fouls and earn it by beating their man and drawing contact in a natural way and not flopping, and flailing and grabbing arms,” Kerr said. “That’s going on all over the league.”
On Saturday, NBA officials made headlines when Trail Blazers forward Anthony Tolliver was called for a foul on Lakers forward LeBron James. Tolliver chased down and swiped at James, making slight contact. James flailed, missed the layup and fell.
Trail Blazers head coach Terry Stotts, believing James exaggerated the contact, called a timeout and asked for a coach’s challenge. After review, officials confirmed the foul.
Many on social media widely panned James, but Kerr questioned the league itself.
“I don’t blame the players. If the league is going to allow it, then the players should 100% do it,” Kerr said. “More power to him.”


mercurynews--2020-01-31--Helicopter crash that killed Kobe Bryant calls attention to a common mindset of pilots

“ Get-there-itis ” might sound funny , but it ’ s no joke .
It ’ s a very real condition , a mindset otherwise known as “ plan continuation bias , ” that can send aircraft pilots and their passengers plummeting to their deaths .
It ’ s the strong urge to stay on course even as flight conditions deteriorate badly .
With questions swirling around the helicopter crash that killed Kobe Bryant and eight others , the National Transportation Safety Board will likely examine whether “ get-there-itis ” played a part on that foggy morning in Calabasas .
@ @ @ @ @ @ @ charter outfit Island Express , was at the controls of the Sikorsky S-76B helicopter that went down .
The chopper was en route from John Wayne Airport to Camarillo Airport on Sunday for a nearby girls basketball tournament at the Mamba Sports Academy founded by Bryant .
Kobe ’ s daughter , Gianna , who also died , had a noon game .
One witness who heard the helicopter ’ s last moments said the pilot was “ in the soup , ” meaning the dense fog , before the chopper crashed in @ @ @ @ @ @ @ he did not fly another route or switch to instruments .
Bryant was not known as a pushy passenger and those who knew Zobayan said in published reports the pilot was a pro .
No one can know whether Zobayan suffered from “ get-there-itis.
” But the Federal Aviation Administration ’ s pilot handbook says the condition and other human factors are primary contributors to more than 70 % of aircraft accidents .
Special workshops are taught on how to avoid the tendency to fixate on “ getting there ” or “ getting @ @ @ @ @ @ @ This disposition impairs pilot judgment through a fixation on the original goal or destination , combined with a disregard for any alternative course of action , ” according to the handbook .
“ Few pilots are immune to the pressure of ‘ get-there-itis , ’ which can sometimes induce a decision to launch or continue in less than ideal weather conditions.
” Says General Aviation News : “ Once you get too far down the wrong road , the biases get stronger , task saturation kicks in , situational awareness goes bye-bye , @ @ @ @ @ @ @ longer thinking ahead of the airplane.
” External pressure is one of the causes of “ get-there-itis , ” teaches the FAA .
The pilot may not want to disappoint an important passenger , may be trying to impress or may not want to appear cowardly , says the workbook .
People may be waiting at the airport or there may be other demands on time schedules .
There is also the pressure to avoid wasted time .
“ The key to managing external pressure is to be ready for and accept delays @ @ @ @ @ @ @ The pilot ’ s goal is to manage risk , not create hazards.
” James Davidson , president of the Professional Helicopter Pilots ’ Association , said pilots have a difficult balancing act .
“ You have to be able to say ‘ no , ’ and stand by your convictions , ” Davidson said .
“ And it ’ s not that simple .
Pilots are doing as best they can to please the customer.
” The best way to battle “ get-there-itis , ” experts say , is to make a @ @ @ @ @ @ @ threshold beforehand .
• These 3 recommended features weren ’ t on the helicopter carrying Kobe Bryant and 8 others More tips from the FAA : Seek advice from a co-pilot and manage expectations of everybody on the flight .
Make sure passengers are primed for a late arrival .
“ Let your passengers know that safety is your top priority , ” the FAA says .
“ Show them your personal minimums , and tell them up front that you will not launch , or continue , in conditions that do not @ @ @ @ @ @ @ that your plans are flexible .
Allow time to make an unexpected landing and drive to the destination if possible .
Be aware of fatigue , complacency and stress .
The FAA offers “ 3 Ps ” as shorthand for avoiding the effects of “ get-there-itis ” : Perceive hazards .
Process their impact on your safety .
Perform by mitigating or eliminating the problem .

“Get-there-itis” might sound funny, but it’s no joke.
It’s a very real condition, a mindset otherwise known as “plan continuation bias,” that can send aircraft pilots and their passengers plummeting to their deaths. It’s the strong urge to stay on course even as flight conditions deteriorate badly.
With questions swirling around the helicopter crash that killed Kobe Bryant and eight others, the National Transportation Safety Board will likely examine whether “get-there-itis” played a part on that foggy morning in Calabasas. Ara Zobayan, a veteran pilot for charter outfit Island Express, was at the controls of the Sikorsky S-76B helicopter that went down.
The chopper was en route from John Wayne Airport to Camarillo Airport on Sunday for a nearby girls basketball tournament at the Mamba Sports Academy founded by Bryant. Kobe’s daughter, Gianna, who also died, had a noon game.
One witness who heard the helicopter’s last moments said the pilot was “in the soup,” meaning the dense fog, before the chopper crashed in flames, leaving many to wonder why he did not fly another route or switch to instruments.
Bryant was not known as a pushy passenger and those who knew Zobayan said in published reports the pilot was a pro.
Factor in 70% of accidents
No one can know whether Zobayan suffered from “get-there-itis.” But the Federal Aviation Administration’s pilot handbook says the condition and other human factors are primary contributors to more than 70% of aircraft accidents. Special workshops are taught on how to avoid the tendency to fixate on “getting there” or “getting home” and compromising safety.
“This disposition impairs pilot judgment through a fixation on the original goal or destination, combined with a disregard for any alternative course of action,” according to the handbook. “Few pilots are immune to the pressure of ‘get-there-itis,’ which can sometimes induce a decision to launch or continue in less than ideal weather conditions.”
Says General Aviation News: “Once you get too far down the wrong road, the biases get stronger, task saturation kicks in, situational awareness goes bye-bye, and you are totally defensive, no longer thinking ahead of the airplane.”
Role of external pressure
External pressure is one of the causes of “get-there-itis,” teaches the FAA.
The pilot may not want to disappoint an important passenger, may be trying to impress or may not want to appear cowardly, says the workbook. People may be waiting at the airport or there may be other demands on time schedules. There is also the pressure to avoid wasted time.
“The key to managing external pressure is to be ready for and accept delays,” the FAA says. “The pilot’s goal is to manage risk, not create hazards.”
James Davidson, president of the Professional Helicopter Pilots’ Association, said pilots have a difficult balancing act.
“You have to be able to say ‘no,’ and stand by your convictions,” Davidson said. “And it’s not that simple. Pilots are doing as best they can to please the customer.”
Tips from the FAA
The best way to battle “get-there-itis,” experts say, is to make a plan before takeoff. Decide your go/no-go threshold beforehand.
More tips from the FAA: Seek advice from a co-pilot and manage expectations of everybody on the flight. Make sure passengers are primed for a late arrival.
“Let your passengers know that safety is your top priority,” the FAA says. “Show them your personal minimums, and tell them up front that you will not launch, or continue, in conditions that do not meet your pre-established minimums.”
Advise everyone that your plans are flexible. Allow time to make an unexpected landing and drive to the destination if possible. Be aware of fatigue, complacency and stress.
The FAA offers “3 Ps” as shorthand for avoiding the effects of “get-there-itis”: Perceive hazards. Process their impact on your safety. Perform by mitigating or eliminating the problem.


mercurynews--2020-01-31--New FICO scoring model focuses on 24-month look back

With mortgages in mind , your past 24 months of credit behavior , called trended data , will be front and center with the new FICO 10 and FICO 10T scoring models being released this summer .
Paying bills on time and keeping balances in check are likely going to see a gain in score .
Consumers with recent delinquency or high utilization are likely going to see a downward shift ( in score ) and depending on the severity , and recency of the delinquency it could be significant , all according to Dave Shellenberger , vice president of @ @ @ @ @ @ @ 10 and FICO 10T will be more predictive , allowing lenders to extend credit to more borrowers at better rates overall , according to Joanne Gaskin , FICO ’ s vice president of Scores and Analytics .
FICO 10T purports to reduce mortgage default rates by up to 17 % .
Wow !
What lender wouldn ’ t want this ?
Why this ?
Why now ?
FICO adjusts its scoring models roughly every five years , drawing on evolving consumer behavior and patterns observed in credit bureau data , wrote Gaskin .
@ @ @ @ @ @ @ s assertion about credit bureau data .
March 2017 and May 2018 , I wrote columns about tax liens , judgments and certain medical collections being deleted because of the difficulty credit bureaus were having in accurately matching these events to the right person .
Obviously , if this uncouth credit behavior is off the grid , FICO scores would likely inflate , perhaps not showing the truest credit risk picture .
And , it could also be pressure from the Federal Housing Finance Agency , Fannie and Freddie ’ s conservator and @ @ @ @ @ @ @ , FHFA ’ s director and the man who loves competition , opened the door for the possibility of credit score competition from the likes of Vantage Score ( owned by credit bureaus Experian , Equifax and TransUnion ) .
FICO is the only scoring model that has ever been used by mortgage lenders .
A separate and important question is : Will Fannie or Freddie accept FICO 10 or the FICO 10T scoring models ?
Neither Fannie nor Freddie responded to that question .
“ The process is just underway so it @ @ @ @ @ @ @ wrote FICO ’ s Gaskin .
Put your money on F & F allowing mortgage lenders to implement FICO 10T because it ’ s easy to fake good credit behavior over a short period of time .
It ’ s very hard to fake consistent credit debt loads and good credit management over the most recent two years .
Since some credit risks are now opaque ( judgments and the like ) , predictive modeling will reward folks who have demonstrated responsible behavior and punish those who have not .
When it comes @ @ @ @ @ @ @ or refinancing , most mortgage lenders use the lowest middle FICO score for all borrowers when it comes to granting credit and loan pricing .
Some lenders will use the highest middle FICO score of the highest income earner for benchmarking the approval and pricing .
A FICO credit score of 740 or better is top tier .
F & F allow as low as a 620 middle FICO .
FHA goes as low as a 500 FICO but requires 10 % down ( as opposed to the standard 3.5 % down ) @ @ @ @ @ @ @ FICO and loan-to-value matrix for mortgage pricing .
For example , if you are putting 20 % down for a purchase and your credit score is 740 or higher , your mortgage will cost you 2.5 % less in loan points ( each point is 1 % of the loan amount ) compared with borrowers whose middle FICO score is only 620 .
Myfico.com has helpful hints for improving your credit scores .
Freddie Mac rate news : The 30-year fixed-rate averaged 3.51 % , nine basis points lower than last week and @ @ @ @ @ @ @ .
The 15-year fixed-rate averaged 3 % , four basis points lower than last week .
• Oakland port , airport , and Jack London Square have opportunities and challenges The Mortgage Bankers Association reported a 7.2 % increase in loan application volume from one week earlier .
Bottom line : Assuming a borrower gets the average 30-year fixed rate on a conforming $ 510,400 loan , last year ’ s payment was $ 279 higher than this week ’ s payment of $ 2,295 .
Eye catcher loan of the week : @ @ @ @ @ @ @ for 1 point cost .
Jeff Lazerson is a mortgage broker and adjunct professor at Saddleback College .
He can be reached at 949-334-2424 or jlazerson @ mortgagegrader.com .
His website is www.mortgagegrader.com .

What’s in your FICO score?
With mortgages in mind, your past 24 months of credit behavior, called trended data, will be front and center with the new FICO 10 and FICO 10T scoring models being released this summer.
Paying bills on time and keeping balances in check are likely going to see a gain in score. Consumers with recent delinquency or high utilization are likely going to see a downward shift (in score) and depending on the severity, and recency of the delinquency it could be significant, all according to Dave Shellenberger, vice president of FICO’s product management.
FICO 10 and FICO 10T will be more predictive, allowing lenders to extend credit to more borrowers at better rates overall, according to Joanne Gaskin, FICO’s vice president of Scores and Analytics. FICO 10T purports to reduce mortgage default rates by up to 17%.
Wow! What lender wouldn’t want this?
Why this? Why now? FICO adjusts its scoring models roughly every five years, drawing on evolving consumer behavior and patterns observed in credit bureau data, wrote Gaskin.
There may be something to Gaskin’s assertion about credit bureau data.
March 2017 and May 2018, I wrote columns about tax liens, judgments and certain medical collections being deleted because of the difficulty credit bureaus were having in accurately matching these events to the right person.
Obviously, if this uncouth credit behavior is off the grid, FICO scores would likely inflate, perhaps not showing the truest credit risk picture.
And, it could also be pressure from the Federal Housing Finance Agency, Fannie and Freddie’s conservator and regulator.
August 2019, Mark Calabria, FHFA’s director and the man who loves competition, opened the door for the possibility of credit score competition from the likes of Vantage Score (owned by credit bureaus Experian, Equifax and TransUnion). FICO is the only scoring model that has ever been used by mortgage lenders.
A separate and important question is: Will Fannie or Freddie accept FICO 10 or the FICO 10T scoring models? Neither Fannie nor Freddie responded to that question.
“The process is just underway so it would be premature to speculate,” wrote FICO’s Gaskin.
Put your money on F & F allowing mortgage lenders to implement FICO 10T because it’s easy to fake good credit behavior over a short period of time. It’s very hard to fake consistent credit debt loads and good credit management over the most recent two years.
Since some credit risks are now opaque (judgments and the like), predictive modeling will reward folks who have demonstrated responsible behavior and punish those who have not.
When it comes to you and yours for home purchasing or refinancing, most mortgage lenders use the lowest middle FICO score for all borrowers when it comes to granting credit and loan pricing. Some lenders will use the highest middle FICO score of the highest income earner for benchmarking the approval and pricing.
A FICO credit score of 740 or better is top tier. F & F allow as low as a 620 middle FICO. FHA goes as low as a 500 FICO but requires 10% down (as opposed to the standard 3.5% down).
Mortgage lenders lean heavily on a FICO and loan-to-value matrix for mortgage pricing.
For example, if you are putting 20% down for a purchase and your credit score is 740 or higher, your mortgage will cost you 2.5% less in loan points (each point is 1% of the loan amount) compared with borrowers whose middle FICO score is only 620.
Myfico.com has helpful hints for improving your credit scores.
Freddie Mac rate news: The 30-year fixed-rate averaged 3.51%, nine basis points lower than last week and the lowest average in nearly five months. The 15-year fixed-rate averaged 3%, four basis points lower than last week.
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Bottom line: Assuming a borrower gets the average 30-year fixed rate on a conforming $510,400 loan, last year’s payment was $279 higher than this week’s payment of $2,295.
Eye catcher loan of the week: A 30-year jumbo fixed-rate at 3.5% for 1 point cost.
Jeff Lazerson is a mortgage broker and adjunct professor at Saddleback College. He can be reached at 949-334-2424 or jlazerson@mortgagegrader.com. His website is www.mortgagegrader.com.


mercurynews--2020-01-31--Letter: Sanders on right side of social, economic policies

It is a testament to her courage that Ms. Goldberg has the strength to get out of bed in the @ @ @ @ @ scary world .
Imagine , Bernie Sanders is surging in the polls .
His message @ @ @ @ @ , the disenfranchised and those fed up with the status quo .
He ’ s @ @ @ @ @ of the mythical Democratic “ elite.
” • Letter : Today ’ s Republicans have @ @ @ @ @ Letter : I was once homeless — Measure E would help The masses seem to @ @ @ @ @ on the right side of social , economic and foreign policy discussions .
He might @ @ @ @ @ of keeping his word about promised legislation and policies .
He might even win !
@ @ @ @ @ editor via this form Read more Letters to the Editor

Sanders on right side of
social, economic policies
Re: “Goldberg: What’s driving the Bernie Sanders juggernaut” (Opinion section, Eastbaytimes.com, Jan. 28):
It is a testament to her courage that Ms. Goldberg has the strength to get out of bed in the morning and face such a scary world.
Imagine, Bernie Sanders is surging in the polls. His message is resonating with the poor, the disenfranchised and those fed up with the status quo. He’s even benefiting from the failures of the mythical Democratic “elite.”
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Jon Barrilleaux
Oakland
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