County Supervisor Sheila Kuehl blasts sheriff for search of her home

‘I don’t think there is any question that this is political retaliation,’ Kuehl said of the probe, blaming political rival Sheriff Alex Villanueva

Los Angeles County sheriff’s detectives issued search warrants early Wednesday, Sept. 14, at the homes of Supervisor Sheila Kuehl and Civilian Oversight Commissioner Patti Giggans as part of an ongoing investigation into county contracts awarded to Peace Over Violence, a nonprofit run by Giggans.

The investigation included simultaneous raids at the offices of L.A. County Metro, Peace Over Violence‘s headquarters and the county Hall of Administration, according to the Sheriff’s Department.

A copy of the search warrant states detectives had permission to take computers, cellphones and other electronics from the supervisor and commissioner’s homes. From L.A. Metro and Peace Over Violence, the investigation sought contracts between the two entities for the operation of Metro’s harassment hotline, call logs from the hotline, any internal evaluations or audits of the hotline and communications between the two entities, Giggans, Kuehl and other local officials from 2014 to 2020.

“This case involves an investigation into an allegation of criminal conduct involving Los Angeles County Board of Supervisor Sheila Ann Kuehl and 3 “sole source” contracts awarded to a non-profit operating under the name ‘Peace Over Violence,’ ” the warrant states.

The Sheriff’s Department believes the case may involve conflict of interest, bribery, conspiracy and theft of public funds, according to the affidavit attached to the warrants.

“The purpose is to prove — or disprove — the identified parties involved in the allegations of criminal wrongdoing,” said Undersheriff Tim Murakami, who leads the sheriff’s public corruption unit, in a prerecorded video released the same day.

In response to the raids, Kuehl and other officials have accused Sheriff Alex Villanueva of using such investigations to attack his political adversaries.

“This morning’s storming of my home by deputies with bulletproof vests and tactical gear was an effort to harass, intimidate and retaliate against a public figure who has been an outspoken critic of LA County Sheriff Alex Villanueva,” Kuehl said in a statement. “I am not the only such critic, and other courageous County leaders have also been the targets of this Sheriff’s vindictiveness.”

Murakami denied the sheriff played any role in the searches and said Villanueva “has been recused from the inquiry and delegated all of his responsibility and authority” to the undersheriff. However, later in the day, Villanueva sent a signed letter to the state Attorney General’s Office calling for an investigation into whether county counsel or the Office of the Inspector General tipped Kuehl and Giggans off about the search warrants ahead of time.

Detectives were met at the door by Giggans and her attorney, according to Villanueva’s letter.

In an interview, Kuehl said she received a late-night text message from county counsel about a rumor that her home was going to be searched the next morning. The next day, deputies pounded on her door about 7 a.m. and escorted her outside. The supervisor dismissed the investigation as a “thuggish attempt to intimidate and silence” her criticism of Villanueva.

“They can search through all of my computers and phones, they’re not going to find anything at all, because there wasn’t anything and there isn’t anything,” Kuehl said. “I don’t think there is any question that this is political retaliation.”

Heart of the probe

The sheriff’s probe into Kuehl and Giggans appears to follow a Fox 11 investigation in September 2020 that determined the harassment hotline received only a few dozen calls per month and effectively cost Metro about $8,000 per call.

Jennifer Loew, a former Metro employee whose complaint is the backbone of the sheriff’s case, previously alleged Peace Over Violence received the contract in 2017 via a behind-the-scenes push from Supervisor Kuehl, a close friend and ally of Giggans. Loew sued Metro in February 2020, alleging discrimination and conspiracy. The case was settled in November 2021.

Loew received nearly half a million dollars in exchange for her resignation from Metro and signed a nondisclosure agreement that bars her from speaking about many of the same individuals named in the sheriff’s investigation, according to her husband, Adam Loew.

In an interview, Adam Loew said he personally approached the sheriff with the allegations. “I have been pushing on this,” he said.

Kuehl attributed the sheriff’s investigation to the complaints of a “disgruntled” and “obsessed” former Metro employee. The affidavit attached to the search warrant redacts the name of the female witness, but the descriptions and allegations appear to match Jennifer Loew’s allegations.

The affidavit states that the unnamed whistleblower alleged former Metro CEO Phil Washington at one point ordered her to pay a $75,000 bill from Peace Over Violence “so he could later use that to his advantage when he needed a political favor from Supervisor Sheila Kuehl.”

Adam Loew denied his wife is “disgruntled,” adding that she continued to work at Metro until the settlement agreement was finalized last year.

Campaign contributions

The warrant further alleges that the $890,000 paid to Peace Over Violence from 2014 to 2020 came after campaign contributions were made to Kuehl from Giggans and other members of the nonprofit’s board.

Kuehl denied the allegations, saying she never voted on the contract and knew nothing about it until she was invited to a press conference announcing the partnership. The contracts were approved by Washington without the board’s involvement.

“There is nothing supporting this warrant,” she said. “The judge who signed it is a friend of the sheriff, so there were multiple searches today for virtually no reason.”

In response, Adam Loew pointed to a February 2016 email between Giggans and Madeleine Moore, Kuehl’s deputy for special projects, in which Moore offers ideas for the future hotline. Metro and Peace Over Violence first entered into an agreement in 2015 to create the “Off Limits” anti-harassment outreach campaign, according to Peace Over Violence’s website. The 24/7 hotline soft-launched in late 2016 and was fully revealed at a press conference that included the Board of Supervisors in January 2017, the website states.

“Even if she didn’t know at the time the contracts were happening, she was certainly made aware in 2019 and continued to allow the contracts to go on, knowing full well they were not bid,” Adam Loew alleged.

Kuehl’s office was unable to immediately provide clarification.

Peace Over Violence’s attorney did not return a call for comment. The nonprofit’s website, which addresses the allegations at length, states that Peace Over Violence followed the directions and guidance of Jennifer Loew throughout the contracting process.

Metro has similarly denied the Loews’ allegations repeatedly in the past.

“The main contract in question was managed by the employee herself, and her complaints were aired only after her subordinates were removed by Metro,” spokesman Dave Sotero told the Denver Post last year.

Sotero on Wednesday said Metro is fully cooperating with the Sheriff’s Department to comply with the warrants.

Meanwhile, Los Angeles City Councilman Mike Bonin, who also sits on the Metro Board of Directors, issued a statement blasting the investigation, according to City News Service.

“This is a bogus, vindictive, politically motivated witch hunt by a corrupt sheriff with a track record of abusing his power and trying to silence and intimidate his critics,” Bonin said. “Sheila Kuehl is a public official of the highest integrity and of remarkable accomplishment. Alex Villanueva runs a department notorious for violence, scandal and civil rights violations. He is scared of civilian oversight, defies civilian oversight and is abusing his power to get revenge on those who exercise civilian oversight.”

The Sheriff’s Department in a news release stated that its investigation “has been shared with a federal agency and they continue to monitor.” The department did not disclose the agency and declined to comment further. Adam Loew said he has spoken to investigators from the FBI about the matter.

Probe launched year ago

Detectives have been probing the contracts awarded to Peace Over Violence for more than a year. Similar searches at Peace Over Violence and Metro last year sought the same types of records as those outlined in the Wednesday search warrants. The new warrant states the statute of limitations is approaching and that computers and other items not provided in those previous searches could be “needed to complete this investigation.”

“For more than a year, the sheriff has been very upset with our critique of him and I think just took this opportunity to try again, to divert attention from his failure as the sheriff,” Kuehl said.

Court records indicated that the earlier investigation into Metro and Peace Over Violence, headed last year by Detective Max Fernandez, was presented much differently behind closed doors. Fernandez reportedly expressed doubts about the probe in emails and conversations with attorneys, court records showed.

In one email, Fernandez stated he does not believe Giggans did anything wrong.

“So officially I would like to say (in writing) that my opinion is that Ms. Giggans does not seem to have any fault in this matter,” Fernandez wrote in an email to Austin Dove, an attorney representing Peace Over Violence. “She is not a Politian (sic) and might have been tossed in the group hastily.”

In a statement, the Los Angeles County District Attorney’s Office, which typically handles public corruption cases of this type, distanced itself from the investigation, saying it had reviewed the case in September 2021 “and determined that the state of evidence at that time did not provide criminal conduct beyond a reasonable doubt.”

“LASD indicated that they would continue to investigate,” the statement read. “We have not had additional contact on the matter and were not consulted or aware of the search warrants that were served today.”

Because it wasn’t involved with the search warrant, the District Attorney’s Office does not “intend to defend it if challenged in court.”

Villanueva publicly supported the unsuccessful recall effort against District Attorney George Gascón and the two men have clashed numerous times over the last year.

Political retribution?

The timing and circumstances around the sheriff’s probe has raised concerns of political retaliation, particularly because of the involvement of Kuehl and Giggans, the executive director of Peace Over Violence and Kuehl’s appointee to the county’s Civilian Oversight Commission. The nine-member commission advises the Board of Supervisors and was created to increase transparency and accountability at the Sheriff’s Department.

Click here to read the full article in the Los Angeles Daily News

LA County Offers $236 Million to Settle Homeless Lawsuit, Vows to Partner With City of Los Angeles

County settles major 2020 lawsuit with the LA Alliance for Human Rights, agrees to provide more help for homeless

Los Angeles County has settled a major lawsuit addressing homeless people living in poor conditions on Skid Row, and will now team up with the City of Los Angeles to create a one-two punch in which the city builds shelters and permanent housing and the county provides wraparound services, officials announced Monday.

On Monday Sept. 12, the county signed a settlement agreement with the plaintiff, LA Alliance for Human Rights, three months after the city settled.

The county’s agreement is expected to be accepted by U.S. District Judge David O. Carter within 30 days. Though still unofficial, the two sides are anticipating his approval of the agreement, and are planning how the new county dollars will help some of L.A. County’s 69,000 unhoused people to move into housing.

Matthew Umhofer, attorney for the LA Alliance, a coalition of the homeless, those living in poverty, those on the edge of homeless, property owners and small businesses, said at a press conference downtown, “We fought for our clients, and yes, at times we fought against the city and the county. But we’ve fought for our brothers and sisters on the streets and for the soul of this city and county.”

In March 2020 the Alliance filed an unprecedented lawsuit accusing the city and county of inaction that led to encampments, creating a dangerous environment for both businesses and residents in the 50-block Skid Row area of downtown Los Angeles.

In an unusual action, U.S. District Court Judge Carter in April 2021 set a timeline for the city and county to shelter people living in Skid Row, and for the city to put aside $1 billion to address the crisis. His order, to begin sheltering people by Oct. 18, 2021, was never implemented, as the county and city fought the Alliance lawsuit.

In an appeal in late September 2021, a U.S. 9th Circuit Court of Appeals in Hawaii vacated Judge Carter’s order, finding that the order lacked legal standing and that Carter, who had visited the homeless in person and conducted interviews, had “impermissibly resorted to independent research and extra-record evidence.”

The lawsuit gained considerable public attention, including impromptu public hearings near homeless encampments attended by L.A. Mayor Eric Garcetti and other elected officials. At first, the city and county attorneys fought the lawsuit, saying the Alliance’s use of the court’s power was “overbroad and unmanageable” and was an attempt to usurp the role of local government.

That changed in June when the city agreed in a court settlement to spend about $3 billion to develop up to 16,000 beds or housing units for non-mentally ill members of the homeless population.

The county added its own settlement offer Monday, for which the ink was not yet dry, said Fesia Davenport, L.A. County’s chief executive officer.

Under its settlement, L.A. County will spend $236 million through June 2027, said Los Angeles County Second District Supervisor Holly Mitchell. Of that, $74 million will go to homeless engagement services and $162 million will go to dedicated permanent housing, she said.

Garcetti said that while the lawsuit was contentious, the city and county have been working to battle homelessness for eight years by bringing shelter to 130,000 unhoused people. “The problem has been we need to ramp up the pace,” Garcetti said on Monday.

Officials from both branches of local government said the lawsuit and resulting settlements acted as a catalyst that brought the two government entities together with a common goal and complementary resources.

City officials who spoke at the press conference Monday welcomed the county’s partnership, saying the city does not have services to help newly housed people thrive, such as mental health programs, substance abuse disorder treatment, job placement counselors or child daycare services. The city will rely on the county to provide those services, helping people make it in new housing, or preventing those on the edge from becoming homeless.

“The city can construct housing. The county can provide services for people in that housing,” said Matt Szabo, L.A.’s city administrative officer.

“This is what this agreement binds us to do,” Szabo said. “It sets a standard I hope we can build upon and use as a template moving forward.”

The five-year settlement will add more homeless outreach team members and mental health beds, said Umhofer. It will be overseen by Judge Carter. “This provides real accountability,” Umhofer said.

Some questioned if the county’s allocation was enough.

For example, the money from the county would increase mental health beds by 300, a number that L.A. City Councilman Kevin de Leon said was not enough — but a start. “Skid Row is an embarrassment for this city, the county and this country,” he said, adding that the deaths of many homeless from drug overdoses is a scar on Los Angeles.

Supervisor Mitchell said the new settlement is a small fraction of what the county has already spent, including $532 million from Measure H, a tax that raised money for housing the homeless. And the county has put $400 million from federal American Rescue Plan grants into helping homeless individuals.

Click here to read the full article at the LA Daily News

Thousands of LA City Workers Protest Vaccine Mandates At City Hall

Firings of 25% of unvaccinated workers next month would ‘cripple’ city

Thousands of city workers and those opposed to the Los Angeles City employee vaccine mandate protested outside of  Los Angeles City Hall Monday, hoping to turn around the law before the extended December deadline.

The city worker mandate, similar to the LA County worker mandate, was passed in August with an October deadline, making vaccinations mandatory for all city employees unless they have medical or religious exemptions. Due to a lack of “vaccination progress,” the deadline was extended to December 18th last month in the hopes that more will vaccinate in time.

Proponents have said that the mandates are in place to help combat COVID-19 spread and surges due to mutation. Prominent lawmakers have said that the mandates are for health and wellness, and that, despite only about 75% of city departments being vaccinated, all unvaccinated city employees will be fired by December if they remain unvaccinated.

“The City’s employee vaccine mandate is critical to protecting the health and safety of our workforce and the Angelenos we serve,” Mayor Eric Garcetti said last month. “Employees must be vaccinated by December 18, and we are putting a rigorous testing program into place in the meantime. Let me be clear: any employee who refuses to be vaccinated by this date should be prepared to lose their job.”

However, opponents, led by the Firefighters 4 Freedom and other city worker opposition groups, have refused vaccines due to bodily autonomy, personal freedom, constitutional, and health concerns. That opposition, as well as a fast-approaching deadline, led to the rally in Los Angeles on Monday.

Service delays, 25% layoffs

Many LAPD, LAFD, and other city workers protested the mandate and warned that service delays and response times would be crippled if each department had to lay off around 25% of their staff each.

“We’re not all these anti-vax people,” said one LAPD officer who attended the rally on Monday, and asked to remain anonymous. “We just don’t want to be forced into getting something we don’t want that infringes on our rights.”

“And, believe it or not, we also get that, yes, vaccinations can build up immunities and all that. But there is a difference between asking and demanding, and they’re saying we can’t go to public places or be employees based on a personal choice. It’s sickening.”

“They fire me, well, there’s thousands more gone too. Fire, emergencies, police; 911 will have to go to voicemail on busy days.”

“We actually have some buddies who were on the Detroit PD and Flint PD when they had to have similar cuts during the recession, and it was not pretty. Crime shot up, out of control blazes shot up. Everything. So there is precedent for what will likely happen. And right now we’re playing chicken with the politicians. They’re trying to get us vaccinated against our will and we’re standing here ready to go whichever way they decide. And right now, they may stop it. They already delayed it once, which gave a lot of us hope. If they were serious, they wouldn’t have given extensions. They flinched, and a lot of us believe that they will flinch again.”

At the protest, the founder of the LAPD anti-mandate group Roll Call 4 Freedom, Michael McMahon, said that many had already left their positions – including himself.

“I turned in my badge and my gun on Friday,” said McMahon. “It was one of the hardest days of my life. “I could not acquiesce in good conscience to submit my health to a still-experimental injection. Thousands of city employees are struggling with these issues related to their employment, and I want to say to you all, from the bottom of my heart, I love you and I understand. But coercion is not informed consent.”

After his speech, cheers and cries of “We will not comply!” resounded outside the City Hall.

City officials have given no indication that they will rescind the mandate as of Monday. The deadline date for all LA city workers to get the vaccination before termination is December 18th.

This article was originally published by the California Globe

California to Remove 1.5 Million Inactive Voters from Voter Rolls

120703074240-norden-voting-rights-story-topJudicial Watch announced today that it signed a settlement agreement with the State of California and County of Los Angeles under which they will begin the process of removing from their voter registration rolls as many as 1.5 million inactive registered names that may be invalid. These removals are required by the National Voter Registration Act (NVRA).

The NVRA is a federal law requiring the removal of inactive registrations from the voter rolls after two general federal elections (encompassing from 2 to 4 years). Inactive voter registrations belong, for the most part, to voters who have moved to another county or state or have passed away.

Los Angeles County has over 10 million residents, more than the populations of 41 of the 50 United States. California is America’s largest state, with almost 40 million residents.

Judicial Watch filed a 2017 federal lawsuit to force the cleanup of voter rolls (Judicial Watch, Inc., et al. v. Dean C. Logan, et al. (No. 2:17-cv-08948)). Judicial Watch sued on its own behalf and on behalf of Wolfgang Kupka, Rhue Guyant, Jerry Griffin, and Delores M. Mars, who are lawfully registered voters in Los Angeles County. Judicial Watch was also joined by Election Integrity Project California, Inc., a public interest group that has long been involved in monitoring California’s voter rolls.

In its lawsuit, Judicial Watch alleged:

  • Los Angeles County has more voter registrations on its voter rolls than it has citizens who are old enough to register.  Specifically, according to data provided to and published by the U.S. Election Assistance Commission, Los Angeles County has a registration rate of 112 percent of its adult citizen population.
  • The entire State of California has a registration rate of about 101 percent of its age-eligible citizenry.
  • Eleven of California’s 58 counties have registration rates exceeding 100 percent of the age-eligible citizenry.

The lawsuit confirmed that Los Angeles County has on its rolls more than 1.5 million potentially ineligible voters. This means that more than one out of every five LA County registrations likely belongs to a voter who has moved or is deceased. Judicial Watch notes that “Los Angeles County has the highest number of inactive registrations of any single county in the country.”

The Judicial Watch lawsuit also uncovered that neither the State of California nor Los Angeles County had been removing inactive voters from the voter registration rolls for the past 20 years. The Supreme Court affirmed last year in Husted v. A. Philip Randolph Inst., 138 S. Ct. 1833 (2018) that the NVRA “makes this removal mandatory.”

The new settlement agreement, filed today with U.S. District Court Judge Manuel L. Real, requires all of the 1.5 million potentially ineligible registrants to be notified and asked to respond. If there is no response, those names are to be removed as required by the NVRA. California Secretary of State Padilla also agrees to update the State’s online NVRA manual to make clear that ineligible names must be removed and to notify each California county that they are obligated to do this. This should lead to cleaner voter rolls statewide.

Prior to this settlement agreement, Judicial Watch estimated that based on comparisons of national census data to voter-roll information, there were 3.5 million more names on various county voter rolls than there were citizens of voting age. This settlement could cut this number in half.

This is only the third statewide settlement achieved by private plaintiffs under the NVRA – and Judicial Watch was the plaintiff in each of those cases. The other statewide settlements are with Ohio (in 2014) and with Kentucky (2018), which agreed to a court-ordered consent decree.

“This settlement vindicates Judicial Watch’s groundbreaking lawsuits to clean up state voter rolls to help ensure cleaner elections,” said Judicial Watch President Tom Fitton. “Judicial Watch and its clients are thrilled with this historic settlement that will clean up election rolls in Los Angeles County and California – and set a nationwide precedent to ensure that states take reasonable steps to ensure that dead and other ineligible voters are removed from the rolls.”

Judicial Watch Attorney Robert Popper is the director of the organization’s Election Integrity Project and led the Judicial Watch legal team in this litigation.

Judicial Watch is the national leader in enforcing the list maintenance provisions of the NVRA.  In addition to its settlement agreements with Ohio and win in Kentucky, Judicial Watch filed a successful NVRA lawsuit against Indiana, causing it to voluntarily clean up its voting rolls, and has an ongoing lawsuit with the State of Maryland.

Judicial Watch helped the State of Ohio to successfully defend their settlement agreement before the Supreme Court. In North Carolina, Judicial Watch supported implementation of the state’s election integrity reform laws, filing amicus briefs in the Supreme Court in March 2017.  And, in April 2018, Judicial Watch filed an amicus brief in the 11th Circuit Court of Appeals in support of Alabama’s voter ID law. In Georgia, Judicial Watch filed an amicus brief in support of Secretary Brian Kemp’s list maintenance process against a lawsuit by left-wing groups. Judicial Watch and Georgia won when the Supreme Court ruled in Ohio’s favor.

Judicial Watch was assisted in this case by Charles H. Bell Jr., of Bell, McAndrews & Hiltachk, LLP; and H. Christopher Coates of Law Office of H. Christopher Coates.

This article was originally published by JudicialWatch.org

How to Make California’s Southland Water Independent for $30 Billion

The megapolis on California’s southern coast stretches from Ventura County on the northern end, through Los Angeles County, Orange County, down to San Diego County on the border with Mexico. It also includes the western portions of Riverside and San Bernardino counties. Altogether these six counties have a population of 20.5 million residents. According to the California Department of Water Resources, urban users consume 3.7 million acre feet of water per year, and the remaining agricultural users in this region consume an additional 700,000 acre feet.

Much of this water is imported. In an average year, 2.6 million acre feet of water is imported by the water districts serving the residents and businesses in these Southland counties. The 701 mile long California Aqueduct, mainly conveying water from the Sacramento River, contributes 1.4 million acre feet. The 242 mile long Colorado River Aqueduct adds another 1.0 million acre feet. Finally, the Owens River on the east side of the Sierras contributes 250,000 acre feet via the 419 mile long Los Angeles Aqueduct.

California’s Plumbing System
The major interbasin systems of water conveyance, commonly known as aqueducts

California’s Overall Water Supplies Must Increase

Californians have already made tremendous strides conserving water, and the potential savings from more stringent conservation mandates may not yield significant additional savings. Population growth is likely to offset whatever remaining savings that may be achievable via additional conservation.

Meanwhile, the state mandated water requirements for California’s ecosystems continue to increase. The California State Water Board is finalizing “frameworks” that will increase the minimum amount of flow required to be maintained in the Sacramento and San Joaquin rivers order to better protect fish habitat and reduce salinity in the Delta. And, of course, these rivers, along with the Owens and Colorado rivers, are susceptible to droughts which periodically put severe strain on water users in California.

At about the same time, in 2015, California’s legislature began regulating groundwater withdrawals. This measure, while long overdue, puts additional pressure on urban and agricultural users.

California’s water requirements for healthy ecosystems, a robust and growing farm economy, as well as a growing urban population, are set to exceed available supply. Conservation cannot return enough water to the system to fix the problem.

How Can Water Supplies Increase?

In Southern California, runoff capture is an option that appears to have great potential. Despite its arid climate and perennial low rainfall, nearly every year a few storm systems bring torrential rains to the South Coast, inundating the landscape. Until the Los Angeles River was turned into a gigantic culvert starting in 1938, it would routinely flood, with the overflow filling huge aquifers beneath the city. Those aquifers remain, although many are contaminated and require mitigation. Runoff harvesting for aquifer storage represents one tremendous opportunity for Southern Californians to increase their supply of water.

The other possibilities are sewage recycling and desalination. In both cases, Southern California already boasts some of the most advanced plants in the world. The potential for these two technologies to deliver massive quantities of potable water, over a million acre feet per year each, is now predicated more on political and financial considerations than technological challenges.

Recycling Waste Water

Orange County leads the United States in recycling waste water. The Orange County Sanitation District treats 145,000 acre feet per year (130 million gallons per day – “MGD”), sending all of it to the Orange County Water District’s “Ground Water Replenishment System” plant for advanced treatment. The GWRS plant is the biggest of its kind in the world. After being treated to potable standards, 124,000 acre feet per year (110 million GPD), or 85 percent of the waste water, is then injected into aquifers to be stored and pumped back up and reused by residents as potable water. The remainder, containing no toxins and with fewer total dissolved solids than seawater, is discharged harmlessly into the ocean.

Currently the combined water districts in California’s Southland discharge about 1.5 million acre feet (1.3 billion GPD) of treated wastewater each year into the Pacific Ocean. Only a small percentage of this discharge is the treated brine from recycled water. But by using the advanced treatment methods as are employed in Orange County, 85% of wastewater can be recycled to potable standards. This means that merely through water reuse, there is the potential to recycle up to another 1.2 million acre feet per year.

Needless to say, implementing a solution at this scale would require major challenges to be overcome. Currently California’s water districts are only permitted to engage in “indirect potable reuse,” which means the recycled water must be stored in an aquifer or a reservoir prior to being processed as drinking water and entering the water supply. By 2023, it is expected the California Water Board will have completed regulations governing “direct potable reuse,” which would allow recycled water to be immediately returned to the water supply without the intermediate step of being stored in an aquifer or reservoir. In the meantime, it is unlikely that there are enough uncontaminated aquifers or available reservoirs to store the amount of recycled water that could be produced.

Desalinating Seawater

The other source of new water for Southern California, desalination, is already realized in an operating plant, the Carlsbad Desalination Plant in San Diego County. This plant produces 56,000 acre feet per year (50 MGD) of fresh water by processing twice that amount of seawater. It is the largest and most technologically advanced desalination plant in the Western Hemisphere. It is co-located with the Encina Power Station, a facility that uses far more seawater per year, roughly ten times as much, for its cooling systems. The Carlsbad facility diverts a portion of that water for desalination treatment, then returns the saltier “brine” to the much larger outflow of cooling water at the power plant.

Objections to desalination are many, but none of them are insurmountable. The desalination plant proposed for Huntington Beach, for example, will not have the benefit of being co-located with a power plant that consumes far more seawater for its cooling system. Instead, this proposed plant – which will have the same capacity as the Carlsbad plant – will use a large array of “wet filters” situated about 1,500 feet offshore, on the seabed about 40 feet below the surface, to gently intake seawater that can be pumped back to the plant without disrupting marine life. The outgoing brine containing 6 percent salt (compared to 3% in seawater) will be discharged under pressure from an underwater pipe extending about 1,800 feet offshore. By discharging the brine under pressure, it will be instantly disbursed and immediately dissipated in the powerful California current.

While desalination is considered to be energy intensive, a careful comparison of the energy cost to desalinate seawater reveals an interesting fact. It takes a roughly equivalent amount of electricity to power the pumps on the California aqueduct, where six pumping stations lift the water repeatedly as it flows from north to south. To guarantee the water flows south, the California aqueduct is sloped downward by roughly one foot per mile of length, meaning pump stations are essential. The big lift, of course, is over the Tehachapi Mountains, which is the only way to import water into the Los Angeles basin.

Barriers to Implementation – Permitting & Lawsuits

The technological barriers to large scale implementation of water recycling and desalination, while significant, are not the primary impediments. Permitting and financing are far bigger challenges. Moreover, financing costs for these mega projects become more prohibitive because of the difficulties in permitting.

The process necessary to construct the proposed Huntington Beach Desalination Plant is illustrative of just how difficult, if not impossible, it is to get construction permits. The contractor has been involved in the permitting process for 16 years already, and despite significant progress to-date, still expects approval, if it comes, to take another 2-3 years.

One of the problems with permitting most infrastructure in California is that several agencies are involved. These agencies can actually have conflicting requirements. Applicants also end up having to answer the same questions over and over, because the agencies don’t share information. And over the course of decades or more, the regulations change, meaning the applicant has to start the process over again. Compounding the difficulties for applicants are endless rounds of litigation, primarily from well-funded environmentalist organizations. The failure to-date of California’s lawmakers to reform CEQA make these lawsuits potentially endless.

Barriers to Implementation – Financing

Even if permitting were streamlined, and all technical challenges were overcome, it would be a mistake to be glib about financing costs. Based on the actual total cost for the Carlsbad desalination plant, just under $1.0 billion for a capacity of 56,000 acre feet per year, the capital costs to desalinate a million acre feet of seawater would be a daunting $18.0 billion. On the other hand, with permitting reforms, such as creating a one-stop ombudsman agency to adjudicate conflicting regulations and exercise real clout among the dozens of agencies with a stake in the permitting process, billions could be shaved off that total. Similarly, CEQA reforms could shave additional billions off the total. How much could be saved?

The Sorek desalination plant, commissioned in Israel in 2015, cost $500 million to build and desalinates 185,000 acre feet of water per year. Compared to Carlsbad, Sorek came online for an astonishing one-sixth the capital cost per unit of capacity. While there’s undoubtedly more to this story, it is also undeniable that other developed nations are able to deploy large scale desalination plants at far lower costs than here in California.

Financing costs for water recycling, while still staggering, are (at least in California) not comparable to those for desalination. The GWRS water recycling plant in Orange County was built at a capital cost of $905 million – $481 million was the initial cost, the first expansion cost $142 million, and the final expansion cost $282 million. This equates to a capital cost of $7,300 per acre foot of annual yield. If that price were to apply for new facilities to be constructed elsewhere in the southland, one million acre feet of recycling capacity could be built for $7.3 billion. Until there is direct potable reuse, however, it would be necessary to add to that cost the expense of either constructing storage reservoirs, or decontaminating aquifers for underground storage.

It’s anybody’s guess, but with reasonable reforms to contain costs, and taking into account additional investments in aquifer mitigation, a budget to make California’s Southland water independent might look like this:

  • 1.0 million acre feet from water recycling – $7.5 billion
  • 1.0 million acre feet from desalination – $15.0 billion
  • 0.5 million acre feet from runoff capture and aquifer mitigation – $7.5 billion

Total – $30 billion.
How much again is that bullet train? Water abundance in California vs. high speed rail

While runoff capture, water recycling, and desalination have the potential to make Southern California’s coastal megapolis water independent, it will take extraordinary political will and innovative financing to make it happen. The first step is for California’s voters and policymakers alike to recognize that conservation is not enough, that water supplies must be increased. Once the political will is established, it will be necessary to streamline the regulatory process, so cities, water agencies, and private contractors can pursue supply oriented solutions, at realistic prices, with a reasonable certainty that their applications will be approved.

*   *   *

Edward Ring co-founded the California Policy Center and served as its first president. This article originally appeared on the website of the California Policy Center.

Mobile Home Rent Control Measure Passed in L.A. County

Mobile HomesLos Angeles County Supervisors approved a mobile home park rent-control ordinance on Tuesday for unincorporated areas that will limit rental pad inflation to 3 percent a year — the latest sign of high housing costs in L.A.

The Los Angeles Times reported the supervisors approved the Mobilehome Rent Regulation Ordinance by a 3-to-1 vote. It initially provides a 180-day temporary limit on rent increases to maximum of 3 percent a year for annual or short term leases. The ordinance is scheduled to come back before the supervisors next month for another vote to make it permanent.

Supervisor Janice Hahn, who sponsored the rent control measure that will impact about 8,500 mobile home tenants, told Southern California Public Radio that she proposed the ordinance because skyrocketing apartment rents are spilling over to mobile home pad rentals.

Hahn argued that with 100 California communities already having passed rent control laws to protect mobile home tenants, “If we believe in affordable housing, and we believe in keeping these people from being homeless, we should really protect people who are in our mobile home parks in L.A. County.”

Hahn claimed that LA County needs an immediate temporary ordinance to stop mobile home operators from raising rents before a study is conducted to measure if tenants are rent-burdened. But the language of her ordinance states that it can be “extended or replaced by the Board of Supervisors.”

According to a June report from Apartment List, the median rental price for a two-bedroom apartment in Los Angeles was $1,750, and $1,360 for a one-bedroom unit. That was up 3.2 percent, about the same as inflation in the last 12 months, but down from the 6 percent average annual rate since 2015 that had been more than triple the rate of inflation.

Patricia Boerger of the Manufactured Housing Institute told Curbed late last year: “Mobile homes in the 1960s were for young people who were starting out and making their place in the world. Anything after 1976, though, can’t be called a mobile home.”

With the average sales price for a new manufactured home approximately $292,600 less than a site-built home, mobile homes are  a form of low-cost housing for 18 million Americans with an average income is about $28,300 a year and 13 percent on food stamps.

According to the Mobile Home Park Homeowners Allegiance, most residents own their mobile home but rent a pad from a landlord. Allegiance member Kort & Scott Mobile Home Parks, for example, is one of the largest operators in California and has 13 parks in Los Angeles County. K&S monthly pad rents in L.A. County range from a low in Carson of $398 at Laco Mobile Home Park and $420 a month in Carson Gardens Trailer Lodge, to a high of $1,700 a month at the Royal Western Mobile Home Park in Gardena.

Jarryd Gonzales, spokesperson for the Western Manufactured Housing Communities Association, told SCPR before the vote that the mobile home park owners do not believe that a crisis exists: “We’re saying take a wait-and-see approach, as opposed to rushing right in and limiting increases on rent, and going on in with a rent control ordinance.”

Gonzales argued that rent control could have unintended negative consequences, including cutting off capital improvements, or potentially causing mobile home park operators to shut down, evict the tenants, and sell their property.

This article was originally published by Breitbart.com/California

The End of the Home-Buying Frenzy

http://www.dreamstime.com/-image14115451You may have seen recent news accounts about how home sales have slowed nationwide. So I got curious: What’s going on in the San Fernando Valley area?

I looked back at the local home-sales stats we publish in the Business Journal, courtesy of Redfin. And in the Valley area, home sales have indeed slowed. In fact, they were down way more here than in the rest of the country, at least in June, which is the latest reporting period.

Nationwide, sales of existing homes in June were down 2.2 percent from June of last year. But they were down 11 percent in the portion of the Valley area that’s in Los Angeles County. In Ventura County, it’s more dramatic: Home sales were down 23 percent.

That’s a huge drop off. But then I thought: Wait a minute! There’s a housing shortage here. The sharp slowdown in sales may result from the fact that there just aren’t many homes to buy.

But that supposition appears to be wrong. Home listings – the number of homes for sale – have increased over the last year. The number of unsold homes was up 1 percent in the Los Angeles County portion of the Valley area (including the San Fernando Valley and such areas as Burbank, Calabasas, Glendale, Santa Clarita and Palmdale).

Again, it’s more dramatic in Ventura County. The inventory of homes for sale in June was 3 percent higher than one year earlier.

In short, home sales were down in June while the inventory of unsold homes went up.

Can we declare that the housing shortage is over? No, but we can say that the shortage is now less severe.

Now that I think about it, this slowdown in house-buying shouldn’t be all that surprising. Mortgage interest rates have been going up, making monthly payments higher.

And have you noticed in recent months the sudden reappearance of for-sale signs? For a couple of years, for-sale signs were scarce. Whenever a home came up for sale, the broker who got the listing quickly showed it to his or her roster of home buyers, and a deal was quickly made before a sign was ever planted in the yard.

But lately, not only is there a proliferation of for-sale signs but even some open houses. Again, I don’t think we can declare the housing shortage dead. However, the buying frenzy – all-cash offers above asking price on the day the house hit the market – appears headed to the hospice.

What about prices? Since home sales drooped in June as the supply expanded, surely that means prices went down, right? Well, ahem, no.

According to our Redfin data, the median price per square foot in June was up 4.2 percent in Ventura County from the previous June, and up 7 percent in the Los Angeles County portion of the Valley area. From the previous month, prices were up in Ventura County and flat in the L.A. portion of the Valley.

The fact that prices are not going down in the face of weakening sales and higher mortgage rates seems to defy reason.

But here’s a thought: All the prices mentioned above are for June. Since then, things may have changed. After all, whenever a slowdown takes hold, the old psychology may linger. It may take a while, but reality eventually sets in and prices inevitably drop. Maybe that just had not happened yet in June.

Here’s a slight bit of anecdotal evidence: A home in my neighborhood went up for sale in April. I walked by it last week. The house still has a for-sale sign in front, although the owners apparently have moved out. According to Zillow, the seller has cut the price three times for a total of 13 percent. The sales sheet describes them as “super motivated,” which I assume means they’ll slice the price some more.

Last year, that house probably would have been snatched up quickly regardless of price. But this year, after more than three months and three price cuts, still no deal.

The housing shortage is not over. In the big picture, there are still too few houses. However, the worst of the house-buying frenzy does appear to be finished or at least abating. The price cutting will surely follow.

Charles Crumpley is editor and publisher of the Business Journal. He can be reached at ccrumpley@sfvbj.com.

This article was originally published by Fox and Hounds Daily

California Special Districts: Hiding in Plain Sight

Los Angeles Metro TransitSpecial districts in California are the unnoticed variant of local government entities. Although they spend over $42 billion annually, most taxpayers don’t give these ubiquitous agencies much thought. They vary from modest vector control districts to behemoths like the Los Angeles Metropolitan Transit authority, an agency that has a billion-dollar budget and, despite declining ridership, continues efforts to suck ever more pennies from every dollar spent in Los Angeles County.

The problem with these semi-autonomous agencies is that it is extremely difficult to determine whether or not taxpayers are receiving good value for every one of the billions of dollars being spent by agencies that, in many cases, are governed by unelected political appointees. Even when these boards are directly elected, many special districts do not receive the same level of scrutiny as do city and county governments.

Most taxpayers support local control, but they also want to see local governments and special districts maintain maximum transparency, follow the Brown Act and post important fiscal information on their websites. This information is a valuable asset to those who want to look over the shoulders of elected officials and bureaucrats to make certain that funds are appropriately spent. Sadly, this information is not always readily available and accountability is lacking.

While some agencies may willfully violate the law, in many instances, illegal actions are simply oversights. But because these districts tend to operate “under the radar” improper procedures may be overlooked for years. For example, in 2014 it was discovered that a fire district was illegally collecting tax proceeds from property owners outside the district boundaries and that practice had been ongoing for several years. It took a special act of the Legislature to reimburse property owners for the illegal taxes they had paid. With greater transparency, this problem would likely have been avoided.

In addition to errors that go uncorrected due to secretive management practices, many of these agencies are hoarding vast quantities of cash. The large reserves are often in amounts that are in multiples of a district’s annual budget and not justified by serious plans for major capital investment with a realistic timeline for construction.

Adding insult to injury, despite the fact that most are in a solid financial position, special districts have been uniting to lobby for higher taxes. The California Special Districts Association, as well as other local government associations, has ramped up efforts to eliminate Proposition 13’s two-thirds vote requirement for approval of new taxes for infrastructure improvements.

Clearly, special districts deserve to be noticed both for the worthwhile services they provide as well as their potential for mischief at taxpayers’ expense. No longer should these agencies be allowed to hide in plain site.

In dealing with special districts, good, bad and indifferent, taxpayers’ and service users’ most powerful tool is awareness. These agencies control billions of dollars and taxpayers have the right to demand accountability. While local control should remain the objective, the Legislature can help by strengthening guidelines on the maintenance of reserve funds, which for many districts greatly exceed any potential need, as well as mandating periodic reporting and publication of financial reports on line.

Taxpayers should also take heart from knowing that special districts are getting renewed scrutiny from oversight agencies. Last week, the California Commission for State Government Organization and Economy, also known as the Little Hoover Commission, held hearings on some of the perceived abuses by California’s myriad special districts. The Commission specifically requested testimony from the Howard Jarvis Taxpayers Association on several issues including the practice of many districts to hoard taxpayer dollars.

Enhanced oversight of special districts can deter some of the well documented instances of bad behavior reported by the Little Hoover Commission and other investigative interests. Whether that oversight comes from taxpayer groups, government oversight agencies, the media or individual taxpayers, it is especially important to drag these often unknown agencies into the sunlight so that citizens can more clearly see what they are doing and how they are spending our money.

Jon Coupal is president of the Howard Jarvis Taxpayers Association — California’s largest grass-roots taxpayer organization dedicated to the protection of Proposition 13 and the advancement of taxpayers’ rights.

This piece was originally published by HJTA.org

Is Coffee the New Gold Standard?

Since 1971, the United States has been off the gold standard. Instead of the value of the dollar being defined in terms of gold, our currency is said to be backed by “The full faith and credit of the United States.”

However, listening to politicians, the new standard for backing taxpayer dollars may be coffee, or, more specifically, the latte.

coffee latteEndorsing efforts to impose a parcel tax on property owners to support parks — parks that have been purposely ignored in the Los Angeles County general fund budget — Supervisor Hilda Solis trivialized the tax saying, “For Pete’s sake, what does it amount to for the average voter, a latte a month at Starbucks?” Her colleague, Sheila Kuehl, upped the ante, gleefully saying the permanent property tax increase would be like, walking into Starbucks and getting anything you want because parks are free. “I proudly support taxing and spending,” she added.

A dozen years ago, I wrote the following about the way politicians deceptively describe tax increases: Public officials pushing for a tax increase love to break the cost to taxpayers down to insignificant sounding amounts, usually the cost per month, or even the cost per day, and add the words “it’s only.”

I added that the award for the most arrogant example of using “it’s only” should go to the Los Angeles Community College Chancellor who had described the cost of a new bond as “the equivalent of one regular latte a month,” and I asked if the latte — a drink now costing nearly four bucks — would become the new standard by which taxes are measured.

Regrettably, I was prescient. Those promoting taxes in this manner assume that everyone can, like them, afford to hang out at trendy boutique coffee shops.

The reality is that millions of Californians, including millions of homeowners, buy their coffee already ground, and, for them, four dollars will pay for several weeks’ worth of the caffeinated beverage. These are the same folks who are already hammered by California’s high sales, gas and income taxes. Few of them can afford to spend much at Starbucks, or any other place serving overpriced, exotic coffee drinks.

However, if the tax raisers could be permanently bought off for four dollars a month, many taxpayers would gladly take that deal. Sadly, that would not even come close to satisfying the greed of the political class. For example, Los Angeles County is considering a second new tax for homeless services. The city of Los Angeles is seeking its own “homeless” tax and the local transportation authority is asking voters to approve an increase in the sales tax.

Those outside the Los Angeles area should be careful not to be tempted to relax, since scores of additional taxes, and as many as several hundred bonds that increase property taxes, are expected to be placed on the November ballot by other local jurisdictions. And let’s not forget the income tax and tobacco taxes that will appear on the state ballot.

These taxes are cumulative, not just a latte here and a latte there. Los Angeles Supervisor Don Knabe, who voted against the parks tax, may have best summed up the problem for California taxpayers when he observed that between the state, the counties and the cities, government agencies are asking everyone to buy a Starbucks franchise.

Jon Coupal is president of the Howard Jarvis Taxpayers Association — California’s largest grass-roots taxpayer organization dedicated to the protection of Proposition 13 and the advancement of taxpayers’ rights.