Administrative tickets for Fireworks violations?

Here is a way for Lakewood to accelerate the fireworks citation process. You avoid citizen arrest issues and hiring a bunch of highly overpaid sheriffs. Just use administrative citations and administrative ticket writers" like the parking staff to write 4th of July tickets. Sure some may get beaten (like in the story below) but if you compare this success rate to the track record of Sheriff "infraction" citations in the municipal court I am sure that the administrative success rate would be even better than the success rate in court as there are relaxed rules of evidence etc. Why does Lakewood not initiate this? Who knows. Maybe they never even thought of it Or its due to the fact that the city council favors fireworks. It can blame failures in prosecutions (and the lack of deterrent effect) on the court system and not its own process. Of course if the Lakewood administrative citation program was a dismal as its administrative parking citation system we would be in big trouble.


Seven Beat 4th Fines
http://www.gilroydispatch.com/news/contentview.asp?c=225887
Sep 25, 2007
By Christopher Quirk

Gilroy - The city reversed seven of 41 administrative citations for illegal fireworks that police and firefighters doled out July 4 after residents appealed the citations.

The city of Gilroy heard appeals Aug. 20 from eight residents, many of whom were outraged when, two to three days after Independence Day, a letter showed up in their mailbox informing them they had violated the city's fireworks ban and had to pay $250. For these seven residents - some of whom were not home July 4 - the appeal was the end to a messy and infuriating administrative citation process.

"I'm glad they gave us the chance to do this," Imperial Drive resident Desiree Vaca said. "There's a lot of innocent people."

Vaca was inside her house July 4 when an illegal firework went off at the end of her street, she said. A police officer, who had been parked at the opposite end of Imperial Drive, saw the explosion and accused a boy who was in front of her house, but who did not live with her, of setting off the fireworks. The officer then asked for the owner of the property and Vaca came forward. A few days later, she received a citation.

As rattling as the citation process was, the appeal process was smooth, Vaca said. She scheduled an appointment for an appeal, spoke during her 15-minute slot and the citation was reversed.

However, the letter that accompanied the citation did not encourage an appeal.

"There are very limited situations that provide for a successful appeal," the letter read.

At least three residents felt their citations were unfair, but did not appeal because they thought they would not be believed.

"It's stupid to contest the fine," Snowberry Court resident Robert Bischoff said in a July interview. "You're going to go to a hearing when the officer will be called in, and it's your word against his. What am I going to prove? How can I prove anything?"

Bischoff claimed he was wrongfully cited for fireworks that one of his neighbors set off.

However, seven of the eight people who challenged the citations were successful, city Fire Marshall Jackie Bretschneider said. An additional appeal has been held over because the appellant cannot appear in court because of illness. The city stands to collect about $8,000 if the remaining 33 residents pay their fines.

Six of the seven successfully challenged citations were given out by firefighters, who were not as experienced in law enforcement as police officers, she said. This means six of 24 firefighter-issued citations were reversed, while only one of the 17 police-issued citations was reversed.

"There was a lot of stuff going on in the neighborhood," Bretschneider said. "It is difficult to identify really where something is coming from."

This past Independence Day was the second year that city law enforcement handed out administrative and misdemeanor citations and the first year that firefighters helped with enforcement. Previously, police officers issued only misdemeanor illegal fireworks citations, which require officers to prove that the suspect owns the fireworks and, if convicted, would go on the suspect's record. As with all new practices, there are still kinks to work out in the system, Bretschneider said.

"I would say making the citation process work better for all parties would serve us well," she said.

When the fire and police departments go on their annual public safety retreat [retreat...what?!] , the administrative citation process will be a topic of discussion, Bretschneider said. However, the experience of patrolling July 4 has already taught firefighters lessons, she said.

"They learned a little bit more about how to identify exactly where things were coming from," she said. "That will be a lesson that hopefully will be learned at that end."


Christopher Quirk
Christopher Quirk covers education for the Dispatch. Contact him at 847-7240 or cquirk@gilroydispatch.com.

Lakewood Accountability Action Group™ LAAG | www.LAAG.us | Lakewood, CA
A California Non Profit Association | Demanding action and accountability from local government™

This is why we have no parking on street sweeping days

For those of you that have not yet seen the connection between parked cars blocking effective weekly street sweeping and the effects of this county wide run off problem read below. If I lived in a beach city in So. Calif I would be very mad at cities that did not have an effective weekly street sweeping program. Lakewood claims to be getting their act together in Fall 07 by weeping the northern quarter of the city. Well see. What is most funny is that all the glossy costly car window fliers we are paying for (to alert parking violators of the news laws) will likely end up in the gutter and in the ocean as well! Lakewood residents for the most part seem to be interested in two things: the right to shoot of fireworks whenever and where ever they want and the right to park 12 vehicles near their home whenever and wherever they want. Pollution is not important. Find one trait and the other is likely to be there as well. Hey its not my beach or my ocean. That's Long Beach's problem!




http://www.surfline.com/surfnews/surfwire.cfm?id=11255
First Rain Brings Pollution, Toxins to Los Angeles Waters
September 21, 2007
PRESS RELEASE

Heal the Bay today issued a health advisory to Southland residents and visitors to avoid water contact at Los Angeles County beaches for 72 hours, following the area's first significant rainfall after a record drought period.

The county's 5,000-mile storm drain system is designed to channel rainwater to the ocean to prevent local flooding. But it also has the unintended function of moving pollution directly into the Santa Monica and San Pedro bays. After heavy rains, more than 70 major outfalls spew manmade debris, animal waste, pesticides, automotive fluids and human-gastrointestinal viruses into the marine ecosystem.

This pollution poses human health risks, kills marine life and dampens the tourist economy. The so-called first flush is especially worrisome this year, which is the driest in 130 years. Debris and toxins have been accumulating for months on sidewalks, roadways and riverbeds and are now being washed into the storm drains. Exposure to this runoff can cause a variety of illnesses, most frequently stomach flu.

During dry months, Heal the Bay and county health officials urge swimmers to stay 100 yards from flowing storm drains, which have been shown to have elevated levels of known carcinogens and pathogens. Experts agree after a major rainfall that local beachgoers should stay out of the water entirely for at least 72 hours.

"The first heavy rain of the season is a real eye opener about the extent of marine-bound debris in our storm drains," said Karin Hall, executive director of Heal the Bay. "That's why we're working so hard to address the root causes of this kind of pollution."

County storm drains typically handle 100 million gallons of contaminated water and debris each day, but one rainstorm in Los Angeles County can generate nearly 10 billion gallons of water. Sewage treatment plants, which process storm-drain runoff from major pipes in dry months, simply can't handle the excess load during major storms.

Local residents contribute to debris buildup by dropping nearly 1 million cigarette butts on the ground each month, according to L.A. County Department of Public Works estimates. Citizens walk a dog without picking up the droppings more than 82,000 times per month, and they hose off driveways and sidewalks into storm drains more than 415,000 times each month.

During the rainy season, Heal the Bay reminds residents that they can take steps in their own home to take pressure off an already taxed storm drain system. Among them: keep trash out of gutters and storm drains, dispose of animal waste and automotive fluids properly, and avoid overwatering lawns and plants. (Visit www.healthebay.org/waystoheal for more tips.)

Heal the Bay is a non-profit environmental group dedicated to making California coastal waters, including the Santa Monica Bay, safe and healthy for people and marine life. On Sept. 15, the organization last week mobilized 11,000 volunteers who removed 80,000 pounds of ocean-bound debris from county waterways as part of California Coastal Cleanup Day.

Lakewood Accountability Action Group™ LAAG | www.LAAG.us | Lakewood, CA
A California Non Profit Association | Demanding action and accountability from local government™

New perchlorate rules go into effect 10/19/07

http://www.pe.com/localnews/inland/stories/PE_News_Local_S_perch21.3e7dd56.html#
10:23 AM PDT on Friday, September 21, 2007
By DAVID DANELSKI
The Press-Enterprise

New state regulations setting a legal limit for the chemical perchlorate in public drinking water will go into effect Oct. 19, forcing millions of dollars in cleanup efforts.

The rule became official after it passed the scrutiny of the state Office of Administrative Law and was signed Wednesday by California Secretary of State Debra Bowen, said a spokeswoman for Bowen's office.

The rule allows no more than 6 parts perchlorate per billion parts of tap water.

Perchlorate is a chemical used in rocket fuel, fireworks and other explosives. Although it has contaminated dozens of Inland wells, most area water providers already meet the new state standard.

But one San Bernardino-area water district faces about $30 million in cleanup costs.

Water delivered to East Valley Water District customers this year averaged slightly more than the new limit. Perchlorate concentrations have reached as high as 8.6 parts per billion, district officials said last month.

The district provides water to about 70,000 people in eastern San Bernardino, Highland and unincorporated areas nearby.

Ron Buchwald, the district's engineer, said last month that East Valley will seek state and federal grants to help pay for removing perchlorate from its water supplies.

Buchwald could not be reached Thursday for comment.

The state regulations require the district to warn customers about the potential health effects of consuming perchlorate.

The chemical can disrupt the thyroid gland's ability to absorb iodide and make hormones that guide brain and nerve development of fetuses and babies. The hormones also control metabolism.

Pregnant women and iodide-deficient women are more vulnerable to the chemical's ill effects, studies have found.

Defense industries, fireworks factories, fertilizers and other sources have been blamed for Inland perchlorate contamination. Fertilizer is the suspected source in the Highland area.


Lakewood Accountability Action Group™ LAAG | www.LAAG.us | Lakewood, CA
A California Non Profit Association | Demanding action and accountability from local government™

Seaside CA residents want fireworks ban

Seaside residents split on fireworks ban
Some worry about noise, others about loss of revenue for nonprofits
By ANDRE BRISCOE
Herald Staff Writer
Article Last Updated: 09/14/2007 01:40:45 AM PDT
http://www.montereyherald.com/local/ci_6891470?nclick_check=1

Dog owners in Seaside who complain that they have to sedate their pets on the Fourth of July may just have to keep a few bottles of Puppy Prozac handy.

Residents who say their neighborhoods sound like wars zones come Independence Day pleaded with the City Council on Thursday to ban "safe and sane" fireworks.

But a majority of attendees at the special council session expressed support for continuing the traditional fireworks sales, saying a ban on legal fireworks would hurt nonprofits that depend on the revenue generated from the yearly sales.

"I'm not really sure that banning fireworks is going to solve the problem. I think there are a lot of things we need to talk about before we ban fireworks," said Mayor Ralph Rubio. "We need to talk to neighborhoods, we need to talk to businesses. There have got to be ways to keep (safe and sane fireworks) and keep the city safe and keep it clean. Mostly, what we are concerned about are the things that fly and the things that go boom."

Fireworks opponents hoped a ban on legal fireworks would discourage the use of illegal ones.

Nine-year resident Dwight Marshall said the noise was so bad that he had to leave town for at least four days over July 4.

"If we don't do something, it's going to be a more serious problems every year," he said. "You're going to lose people who are going to leave the town of Seaside. It's not just the Fourth of July, but at least a month before and a month after, you've got explosions
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going off all over the place."

The city has allowed the sale of safe and sane fireworks for more than 40 years, and sales are conducted by church organizations and service clubs. Marina, Greenfield, Gonzales and Soledad also allow the sale of the safe and sane fireworks, which don't shoot up in the air or cause explosions.

Mel Mason, former president of the Monterey Peninsula branch of the National Association for the Advancement of Colored People, said in a statement sent to the council that banning illegal fireworks would not curtail their use.

"The immediate beneficiaries (of safe and sane fireworks) are the many community-based organizations that serve youth," Mason said. "Ultimately, it is our youth who benefit from these yearly sales, through organizations that are generally volunteer-run, without agency type infrastructure, financially beleaguered and always struggling to work miracles without a magic wand."

Most who support a fireworks ban said it is the best way to keep the influx of illegal fireworks out of the city.

"I understand safe and sane fireworks, but I'm talking about pyrotechnics," said five-year resident Murray Macdonald. "The stuff is going off so loud that the foundation of my house shakes. I have to sedate my dog. I would like to see the work of the nonprofits continue, but if the legal fireworks can't be distinguished from the illegal fireworks, there should be a zero-tolerance policy."

La Bridga Adams suggested that a task force be created to search out illegal fireworks so the sale of legal fireworks could continue.

"My concern is that these children who work in this community suffer for something that the bad guys are doing," she said.

City staff members will come back to the council with alternative suggestions to banning legal fireworks at a future meeting.

Andre Briscoe can be reached at 646-4436 or abriscoe@montereyherald.com.

Lakewood Accountability Action Group™ LAAG | www.LAAG.us | Lakewood, CA
A California Non Profit Association | Demanding action and accountability from local government™

Pockets of Success...mixed with...

We applaud the fact that the old Macy's (which has been empty for over a year) is now supposedly going to be occupied by a new Costco in the Fall of 2008. Obviously some of the effort was made by Macerich, the owner of the Lakewood Center Mall. We are also happy to see the new Tesco "Fresh and Easy" market and the Rite Aid (finally) pony up some money to match the upgraded exteriors that all the other retailers completed in 2006 at South St. and Woodruff Ave.[see related story here ]

Of course for every success in Lakewood there is a failure. Take a look at Bellflower Blvd. and South St. Two gas stations. They are ok but the small strip mall with the closed out comic book store (vacant since 2006) and the dive "bar" (still occupied unfortunately) are starting to look tattered. Especially the vacant comic book store. "Joe's Sushi" just down the street (5607 South Street, Lakewood, CA 90713) dressed up part of the strip mall on South St. (the east end of the intersection) but we suspect Joes may not last too long due to the poor location (not in Lakewood Center "Restaurant Row") and with it most of the improvements may fade.

The biggest eyesore is the "Itana Designs" "warehouse" that is never open and has no customers. It used to be an old Vons which closed at least 8 years ago (when the Pavillions opened at South and Woodruff). Very old 1950's style building which is likely a fire hazard. Apparently the city cant get anyone in there or force Itana to spruce up the site. I guess some incentives will need to be offered or a fire lit under the leasing agent, whom LAAG contacted, without a reply. Likely not a site high on their list. Most likely a "second tier" or "distressed property" from the looks of all the leasing signs. The whole North West corner of Bellflower Blvd. and South St. is going down hill fast due to the lack of good tenants in that center and a strong anchor tenant. The city needs to act now.

Below is our email to the property broker at www.Grubb-Ellis.com about the status. There was no reply of course. Feel free to contact them. The url in the email has all the specifics on the location.

Date: Wed, 15 Aug 2007 23:35:12 -0700
To: max.franco@Grubb-Ellis.com
From: Lakewood Accountability Action Group | LAAG
Subject: south and belflower in lkwd

http://www.loopnet.com/xNet/LoopLink/Profile/Profile.aspx?LL=true&LID=14847969&STID=grubb

so what is going on with this place. Are you leasing the entire shopping center? This whole shopping center needs to be rehabbed. What is the city doing to help move the property?
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Lakewood Accountability Action Group™ LAAG | www.LAAG.us | Lakewood, CA
A California Non Profit Association | Demanding action and accountability from local government™

Fundraising Trumps All

These cities will never give into the smoke and fire peddlers and the groups that pander to them. AS LAAG has already demonstrated using LA Co. Fire Dept statistics, legal fireworks increases the use of illegal fireworks. So the issue is simple. Outlaw all personal fireworks and help the booster groups get money some other way as we have outlined over and over again.

Monday, September 17, 2007
Garden Grove to revisit fireworks after tragedy
City Council plans to talk about putting ban on November 2008 ballot.
By DEEPA BHARATH
The Orange County Register

GARDEN GROVE – Joshua Matua had just started to doze off the night of July 4 when a lighted skyrocket landed on his house's shake roof.

It all happened very quickly after that. Black smoke billowed and orange flames shot skyward.

Matua and his friend, who owns the house on Mac Street, were the only ones in the house that night. Matua's girlfriend and 5-month-old son were not there, he said.

The four-bedroom house was a total loss and is uninhabitable. Matua and his family lost all of their possessions and moved to a studio apartment in Westminster.

“It's very hard,” said Matua, 37, manager of a sports bar in Anaheim. “I cry every day partly because of how my life has changed, but also because me and my friends had so many memories in that house.”

The local AARP chapter, which has been vocal in its opposition of fireworks, will host a fundraiser today for Matua and his family at the Community Meeting Center. Garden Grove is one of five Orange County cities that allow state-designated “safe and sane” fireworks during the Independence Day holiday. Proceeds from the White Elephant Sale will go toward helping Matua and his friend rebuild the house and help Matua's family buy everyday items such as clothes to baby necessities.

In the meantime, Garden Grove council members say the July 4 fire has prompted them to reconsider putting a fireworks ban on the November 2008 ballot.

For years, the issue has divided the community into those who want to do away with fireworks altogether and the booster clubs and nonprofits that want to raise money for their respective causes through the sale of fireworks – a big moneymaker for these groups.

Those who support fireworks say problems such as fires and injuries are usually caused by illegal fireworks, not the legal ones they sell at the stands.

A majority of the City Council has always supported keeping fireworks in Garden Grove, although council members this year imposed $1,000 fines on those shooting off illegal fireworks.

Councilman Mark Rosen said the July 4 incident doesn't change his view on fireworks.

“But it's a tremendous tragedy for this family and something that happened as a direct result of fireworks,” he said. “I think the time has come for our residents to have a say on the matter.”

A motion last year by former Councilman Harry Krebs to put the issue on the ballot fizzled.

Sharon Tanihara, a Garden Grove resident and AARP member, said she has been coming to council meetings to protest fireworks for the last four years because she was afraid of people losing their homes or their lives in fireworks-related fires. “Our benefit for the Matua family will hopefully help raise awareness in the community about fireworks and why they should be banned,” she said.

Meanwhile, Matua says it's going to take at least a year to fix up the burned house. Walking through the barely standing structure, Matua sighed as he looked at loose wires hanging from the ceiling, hardwood floors blackened by ash and soot and a murky pool, which had been the site of many a party and barbecue.

“I ran out with the clothes on my back,” he said, glancing at the borrowed shoes he still wears. “All my possessions are gone. But I'm thankful I still have the people I love.”

Lakewood Accountability Action Group™ LAAG | www.LAAG.us | Lakewood, CA
A California Non Profit Association | Demanding action and accountability from local government™

Redding CA City Council bans fireworks without a permit

Redding City Council changes fire code

By Record Searchlight staff
Wednesday, September 5, 2007
http://www.redding.com/news/2007/sep/05/redding-city-council-changes-fire-code/

The Redding City Council on Tuesday voted 3-2 to require fire sprinklers in town houses, ban fireworks without a permit and make other changes as part of adopting an updated state fire code.

Council member Patrick Jones voted no because he objected to changes in the fire code appeals process that would grant an appointed board of experts a final say over technical issues. Builders could still appeal to the council on policy fire code issues, under the changes.

Council member Ken Murray wanted to delay voting to give the public more time to discuss the proposed changes.

Lakewood Accountability Action Group™ LAAG | www.LAAG.us | Lakewood, CA
A California Non Profit Association | Demanding action and accountability from local government™

public employee union membership up 106.4 percent.

There are a few facts the writer fails to point out. As for unions in the private sector the issue is unions trying to get their share of company profits in good times. The problem is when bad times happen the union costs stay high. Also when people start making over 70k a year and have 3x the health benefits as non union people its time to wake up and stop living in the early 1900's. Child labor and sweat shops now only exist legally in third world countries. Unions have outlived their true mission/usefulness and from the union members we have spoken to feel that their non-public unions are selling out to business owners anyway.

As for public employee unions, the solution is simple. They should be illegal and are the result of years of gutless politicians with no vision as to the effects of future tax liabilities they have placed on their grandchildren. There is a reason public employee union are growing. Its not need. Its greed. The bolded sections of the article are good reading. The rest is mostly pandering to private sector unions. Whats funny is even the pro private sector union member and leader realizes that public employee unions are out of control in terms of costs and influence.

Henry column: Unions, negotiations the American way
By LOIS HENRY, staff columnist | Saturday, Sep 1 2007
http://www.bakersfield.com/102/story/226422.html

Cover your ears. I'm about to commit Kern County heresy.

Labor unions are not the devil's spawn.

Unions have helped improve working conditions and wages for countless Americans in all walks of life.

Without unions, average workers would not enjoy the benefits of middle class life -- safe working conditions, health insurance, retirement, livable wages -- that most of us now take for granted.

Union members turn right around and spend those livable wages on (gasp!) living. Their money is pumped back into the community through mortgages, shoes, groceries, car payments, cell phones, dance lessons, home decorating -- did I mention shoes? -- and so on and so on. Why those socialist fiends!

No one bats a capitalistic eyelash when industry strives to get the best price for its products.

In fact, right here in Kern County there are several industry cooperatives that band together for just that purpose. Calcot and the Independent Oil Producer's Agency are two that come to mind. Cotton growers and oil producers pay dues to those associations that then help market the products for the best prices.

This is how Calcot touts its services on its Web site:

"If Calcot did not exist, cotton growers would have a far more difficult time getting a fair price for their crop, since they would be at the mercy of independent buyers."

Workers' products are their time and their skills. Unions help get a better price for both.

What could be more American than that?

And while many bemoan the political power some labor unions wield, it surely isn't more than that of say Castle & Cooke, Chevron, ConAgra, or, I don't know, Halliburton.

For those who want to limit labor unions' access to politicians (and we all know campaign contributions = access) I say, fine. Do it. But be fair and curtail industry just the same.

Yes, I know some union members don't want their dues supporting political causes or candidates espoused by the union leadership. Well, I don't want the money I spend on frozen broccoli or gasoline to go to some political causes or candidates either, but realistically, I don't have much control over that.

In the interest of full disclosure, I was the vice president of the Bakersfield Newspaper Guild, Local 202, here at The Californian for several years. Ten years ago, I moved into management and have, on several occasions, been at odds with that same union.

I've seen both sides and I don't believe unions are the enemy.

I was interested to see that despite national trends, unions are not on their deathbeds here in candy-apple red Kern County.

While membership has been declining steady across the country, down from 20.1 percent in 1983 to 12 percent in 2006, to the Bureau of Labor Statistics, it's up locally.

Between 1996 and 2006, overall union membership in the Bakersfield metropolitan statistical area increased 82 percent, according to the Current Population Survey, a joint report put out by the U.S. Census Bureau and Bureau of Labor Statistics. During that same time frame, the total number of employees increased by 28.3 percent.

Though there was a healthy increase in union membership in the private sector, 56.8 percent, the majority of the increase was driven by public employee union membership, a whopping 106.4 percent.

That's a reflection of a similar whopping increase in public employment overall, 70.4 percent versus 18.2 percent in the private sector. That's another story.

Those numbers mean some public employee unions have gained strength and the scales have tipped heavily, perhaps too heavily, in their favor, especially in terms of benefits.

Kern County officials acknowledged to The Californian several years ago that it is cheaper to pay hundreds of thousands of dollars a year in overtime to firefighters rather than hire much-needed extra hands largely because of the lucrative benefits firefighters enjoy. (This, by the way, is just one of the many reasons it's important for public employee salaries to be open to the public, as was recently affirmed by the California Supreme Court.) Not to mention all the municipalities now facing enormous unfunded liabilities because of generous retirement benefits promised to a variety of public employee unions in recent years.

Who's to blame for that? The unions? Or public officials who forgot to bring their backbone to the bargaining table and act on behalf of all their constituents, not just the few with potentially powerful campaign endorsements? But that's what negotiation is all about.

Happy Labor Day.

Lois Henry's column appears every Wednesday and Sunday. Comment on this column at http://people.bakersfield.com/home/Blog/noholdsbarred or e-mail her at lhenry@bakersfield.com or call her at 395-7373.

Lakewood Accountability Action Group™ LAAG | www.LAAG.us | Lakewood, CA
A California Non Profit Association | Demanding action and accountability from local government™

California Vehicle code and ADA regulations re blocking driveways and sidewalks

This is for those of you than can't seem to figure out where to park your vehicles. Two places not to park them (even for a moment) is in or across a driveway (even the one in front of your house as that is city property) or across a sidewalk, which you also do not own even if in front of your house. And don't forget about the Americans With Disabilities Act enforcement as you (and the city of Lakewood) may find yourselves at the wrong end of a lawsuit where you will have to pay the handicapped persons legal bills! The Federal Dept. of Justice tends to take parking that blocks handicapped access more seriously than Lakewood does. See letters below CA vehicle code section.

CALIFORNIA VEHICLE CODE
CHAPTER 9. STOPPING, STANDING, AND PARKING sec.22500-22526

section 22500. No person shall stop, park, or leave standing any vehicle
whether attended or unattended, except when necessary to avoid
conflict with other traffic or in compliance with the directions of a
peace officer or official traffic control device, in any of the
following places:

[inapplicable text]

(e) In front of a public or private driveway, except that a bus
engaged as a common carrier, schoolbus, or a taxicab may stop to load
or unload passengers when authorized by local authorities pursuant
to an ordinance.
In unincorporated territory, where the entrance of a private road
or driveway is not delineated by an opening in a curb or by other
curb construction, so much of the surface of the ground as is paved,
surfaced, or otherwise plainly marked by vehicle use as a private
road or driveway entrance, shall constitute a driveway.
(f) On any portion of a sidewalk, or with the body of the vehicle
extending over any portion of a sidewalk, except electric carts when
authorized by local ordinance, as specified in Section 21114.5.
Lights, mirrors, or devices that are required to be mounted upon a
vehicle under this code may extend from the body of the vehicle over
the sidewalk to a distance of not more than 10 inches.

[inapplicable text]

(l) In front of or upon that portion of a curb that has been cut
down, lowered, or constructed to provide wheelchair accessibility to
the sidewalk.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
http://www.usdoj.gov/crt/foia/tal427.txt

DEC 3 1993

The Honorable Dennis DeConcini
United States Senator
40 North Center, Suite 110
Mesa, Arizona 85201

Dear Senator DeConcini:

This is in response to your recent letter on behalf of
your constituent, XX , who inquires whether there are
any Federal laws that make it illegal for his neighbors to
bloc sidewalks with their trash or cars. While the activities
of XX neighbors may violate State or local laws, there
are no Federal laws that directly outlaw such behavior by private
individuals. However, allowing public sidewalks to remain
blocked may constitute a violation of title 11 of the Americans
with Disabilities Act of 1990 (ADA).

The ADA authorizes the Department of Justice to provide
technical assistance to individuals and entities with rights
or obligations under the Act. This letter provides informal
guidance to assist your constituent in understanding the ADA's
requirements. It does not, however, constitute a legal
interpretation and is not binding on the Department.

Title II of the ADA prohibits discrimination against
qualified individuals with disabilities in all programs,
activities, and services provided by or on behalf of State and
local governments. With respect to your constituent's problem,
if a public entity has responsibility for, or authority over,
sidewalks or other public walkways, section 35.133 of the
enclosed title II regulation [reprinted below] requires that public entities must
maintain them in operable working condition. Such maintenance
may include the removal of cars, trash, or other objects blocking
the passage of persons using wheelchairs or other devices to
assist mobility.

The title II rule also requires that a public entity make
reasonable modifications to its programs, practices, or
procedures when " ... necessary to avoid discrimination an the
basis of disability., See section 35.130(b)(7) of the title II
rule. Under this provision, title II may also require the public
entity to modify its policies, practices, or procedures to ensure
that, aside from temporary and unavoidable situations, public
sidewalks are not blocked by cars, trash, or other impediments to
travel by wheelchair. [reprinted below]

Although, as noted above, there are no Federal laws that
directly prohibit individuals from blocking public sidewalks, you
may wish to suggest to your constituent that he contact the
appropriate local authorities to determine whether any State or
local laws directly prohibit such behavior. If such laws exist,
your constituent may wish to draw the situation to the attention
of the local enforcement agency.

I hope this information will be useful to you in responding
to your constituent.

Sincerely,
James P. Turner
Acting Assistant Attorney General
Civil Rights Division
~~~~~~~~~~~~~~~~~~~~~~
November 15, 2001

The Honorable Joseph R. Pitts
Member, U.S. House of Representatives
Lancaster County Courthouse
50 North Duke Street
Lancaster, PA 17602

Dear Congressman Pitts:

This is in response to your letter on behalf of your constituent, xxx xxxxxxx xxxxxx, regarding whether sidewalks, and in particular curb ramps, in a residential development built in 1993 must comply with the Americans with Disabilities Act of 1990 (ADA), if plans for the development were approved by local authorities in 1988. Please excuse our delay in responding.

[inapplicable text]

Existing sidewalks that are not otherwise being altered are subject to Section 35.149 of the title II regulation, which prohibits a public entity from denying the benefits of its programs, activities, and services to qualified individuals with disabilities because the entity's buildings or facilities are inaccessible to or unusable by individuals with disabilities. A public entity that has responsibility for, or authority over, sidewalks or other public walkways, must ensure that such sidewalks and walkways meet the program access requirement and, when viewed in their entirety, are readily accessible to and usable by individuals with disabilities. This may require the public entity to install curb ramps on an existing sidewalk. In addition, a public entity is required to maintain sidewalks in operable working condition. See section 35.133 of the enclosed title II regulation. The only exception to this requirement permits isolated or temporary interruptions in operation when required for maintenance or repairs of the sidewalks. See section 35.133(b).

I hope this information will be useful to you in explaining the requirements of the ADA. You may wish to inform your constituent that further information is available through our Americans with Disabilities Act Information Line at 800-514-0301 (voice) or 800-514-0383 (TTY). Please do not hesitate to contact the Department if we may be of assistance in other matters.

Sincerely, Ralph F. Boyd, Jr. Assistant Attorney General Civil Rights Division
~~~~~~~~~~~~~~~~~

28 CFR sec. 35.133 Maintenance of accessible features.

(a) A public entity shall maintain in operable working condition
those features of facilities and equipment that are required to be
readily accessible to and usable by persons with disabilities by the
Act or this part.
(b) This section does not prohibit isolated or temporary
interruptions in service or access due to maintenance or repairs.
(56 FR 35716, July 26, 1991, as amended by Order No. 1694-93, 58
FR 17521, Apr. 5, 1993)


28 CFR sec. § 35.130 General prohibitions against discrimination.

(b)(7) A public entity shall make reasonable modifications in policies, practices, or procedures when the modifications are necessary to avoid discrimination on the basis of disability, unless the public entity can demonstrate that making the modifications would fundamentally alter the nature of the service, program, or activity.


Lakewood Accountability Action Group™ LAAG | www.LAAG.us | Lakewood, CA
A California Non Profit Association | Demanding action and accountability from local government™

State of the City hoopla

LAAG told the County of LA essentially the same thing regarding its own "state of the county" luncheon Nov 1. Why should non profit organizations (like LAAG) and taxpayers in the city be forced to pay to hear politicians speak about issues that should be fully discussed and detailed on their website? The City of Lakewood (although not a charter city like Long Beach) needs to take note and end this silly luncheon. Much better to raise money with firework sales (just kidding about the fireworks!!).

Mayor To End State Of City Luncheon
http://www.gazettes.com/stateofthecity08302007.html
By Harry Saltzgaver
Executive Editor

There will be a State of the City message next January and in every January until and unless the city Charter changes.

But that message probably won’t be delivered at a luncheon sponsored by the Long Beach Area Chamber of Commerce after next year. Mayor Bob Foster has told the Chamber that he doesn’t believe anyone should receive a financial benefit for a speech delivered to fulfill a requirement of the Charter.

Becki Ames, Foster’s chief of staff, said last week that the mayor wouldn’t participate in a State of the City luncheon after 2008. Randy Gordon, Chamber president and CEO, said Tuesday that he and Chamber board members had met with Foster last month, but hadn’t resolved all he issues.

“After we met with the mayor in late July, we knew it (2009) most likely wasn’t going to happen, but it wasn’t a done deal,” Gordon said. “We knew this was coming because of the mayor’s philosophy. But we were leaving it up to him.”

Foster gave notice last year that he wasn’t comfortable with the format of a luncheon raising money for the Chamber, and asked the group to donate money to three nonprofit groups from part of the proceeds. The Chamber gave $5,000 to each of the groups for a total of $15,000, and Gordon said he expects to give away significantly more after the January 2008 event.

“We’re still negotiating what we are going to give to nonprofits, but it is going to be substantially more,” he said. “We want to do that, especially if it is the last one.”

Foster was on vacation and unavailable for comment.

Since the early 1990s, the Chamber has sponsored a lunch with the State of the City speech as its centerpiece. During former Mayor Beverly O’Neill’s tenure, the luncheon became a must-attend event, drawing up to 1,500 people.

When the City Charter was amended in 1988 to create the position of a fulltime mayor, a section was added requiring a state of the city message similar to the State of the Union required of the president:

“On or before the 15th day of January of each year, the Mayor shall communicate by message to the City Council a statement of the conditions and affairs of the City, and make recommendations on such matters as the Mayor may deem expedient and proper.”

But, according to City Attorney Robert Shannon, there is no requirement that the message to the council be made in a speech, or even made public.

Before O’Neill’s term in office, mayors presented the speech to the council, typically at the second City Council meeting of the year. The Chamber first started hosting a lunch to give the mayor a chance to give the message to the public when Tom Clark was in office, according to Randy Gordon, Chamber president and CEO.

In O’Neill’s last year in office, the State of the City netted about $100,000 after expenses, Gordon said. That included a major sponsorship and corporate tables going for as much as $1,895. Individual tickets were $45, which about covered the cost of the meal, Gordon said.

But the Chamber has become increasingly political in recent years, endorsing candidates and providing money through a separate Chamber Political Action Committee. The Chamber has sued the city regarding campaign finance laws and mounted petition drives against City Council action on issues including a “Labor Peace Agreement” for city hotels and a ban on big box stores.

Several council members, most notably Seventh District Councilwoman Tonia Reyes Uranga (whom the Chamber opposed in the last municipal election), have complained that the city government was supporting a group that apparently opposed city policies.

Foster, who received the Chamber endorsement in the last election, had not made that fact an issue.

Instead, his emphasis has been to find a way that no individual group benefited from the Charter-mandated message.

Ironically, the Long Beach Chamber will sponsor its first “State of the County” luncheon this November, featuring a speech from Fourth District Supervisor Don Knabe. But that event was not planned in response to the pending demise of the State of the City luncheon.

“It, frankly was something we should have done a long time ago,” Grodon said. “Long Beach is the largest city in Supervisor Knabe’s district by far.

“You aren’t going to replace a $100,000 or $125,000 hole in your budget overnight. But we’ll do some other, smaller events to take up the slack.”

The Chamber’s State of the County lunch is set for Nov. 1. For more information, go to www.lbchamber.com.

Lakewood Accountability Action Group™ LAAG | www.LAAG.us | Lakewood, CA
A California Non Profit Association | Demanding action and accountability from local government™