The 2015-16 legislative session ended on Aug. 31, and now Gov. Jerry Brown has begun to sign and veto some of the many bills passed in the last month.
Last week, he signed two bills that affect public agencies.
Assembly Bill 2257, which Assemblyman Brian Maienschein (R-San Diego) sponsored, will require the legislative bodies of public agencies (city, county, special districts and school districts) that have a website to prominently post their agendas online. The vote approving this bill was 79-0.
AB 2257 amends the Ralph M. Brown Act and requires the agencies to post the agenda in a consistent and visible location. The bill also requires that the posted agenda be in a machine-readable format, which will allow it to be indexed and searched via common search engines such as Google.
The effective date of this law is Jan. 1, 2019.
The second bill, AB 2853, amends the California Public Records Act. If an individual requests information from the agency that is already posted on its website, the new law allows the agency to refer the requestor to the site.
However, if the individual does not have access to the website or is unable to print the document, a physical copy must then be supplied.
Proposition 61, titled by its drafters as “The California Drug Price Relief Act,” and on the ballot as “State Prescription Drug Purchases. Pricing Standards. Initiative Statute,” seeks to cap prices state agencies pay for prescription drugs to the lowest price paid by the U.S. Department of Veterans Affairs.
VA generally pays the lowest prices under mandatory discounts under federal law. Tying prices state agencies pay for prescription drugs to VA prices is intended to reduce prescription drug spending for the populations state agencies serve through their health-care programs.
Typically, state agencies pay for prescription drugs under programs that provide health care or health insurance to certain defined populations — low-income residents, through the state’s Medi-Cal programs; current and retired state employees; and prison inmates. In 2014-15, the state paid $3.8 billion for prescription drugs, with the largest amount, $1.8 billion, going to Medi-Cal low-income residents; $1.3 billion to public employees, dependents and retirees (Public Employees’ Retirement System); $334 million to University of California students, clinics and hospital patients; $211 million to inmates; $57 million to underinsured individuals who are HIV positive; $8 million to developmental center residents; and $4 million to California State University students.
Medi-Cal operates comprehensive health coverage to low-income residents through two delivery systems: the fee-for-service system serving 25 percent of Medi-Cal recipients and the managed care system which that 75 percent of recipients. Under terms of Prop 61, were it to pass, the managed care system comprising 75 percent of recipients would be exempted from any drug price relief tied to VA caps. As the California Legislative Analyst notes, “The measure exempts a portion of the state’s largest health care program from its drug pricing requirements,” thereby reducing the pool of potential beneficiaries of drug-price reductions.
The LA’s Office also notes there are many end runs drug companies could make that might diminish actual prescription drug savings should the measure be enacted:
• The VA does not publish the lowest prices for some of the drugs for which it has negotiated lower fees because of confidentiality agreements with the drug manufacturers. Consequently, it would be impossible to determine “lowest price” for some drugs because the VA information is restricted.
• In order to maintain current levels of profitability, drug manufacturers could raise VA drug prices.
• Drug manufacturers might decline to offer the lowest VA prices to state agencies for certain drugs. In such cases, those drugs would be unavailable to most state agencies and the state residents their programs serve.
And while the bill’s sponsors correctly note the rapid rise of prescription drug prices (an 800-percent increase in prescription drug spending from 1990 to 2013), there is no enforcement provision in the measure to prevent drug manufacturer tactics that could vitiate the measure’s effectiveness in actually reducing drug prices.
The California Department of Health Care Services is obligated under federal law to offer most FDA-approved prescription drugs to Medi-Cal and other recipients. Failure to offer an approved drug, because of drug manufacturers’ refusal to offer lowest VA prices to the state, could result in loss of federal funding.
The prescription drug industry is fighting this measure, spending more than $70 million to oppose, and making this one of the most expensive ballot measures in this election.
In short, although aimed at curbing rampant price rises state agencies pay for prescription drugs, tying them to a federally agreed VA “lowest price,” the measure’s outcome and effectiveness are unclear, according to the LAO. The analyst notes outcomes are unclear because there is no enforcement provision and there is a continuing likelihood of drug company actions that could reduce the measure’s effectiveness.
The allocation of funding for hazardous fuels projects and how the U.S. Forest Service sets its priorities for this work was questioned in a report last month. The U.S. Department of Agriculture’s Office of Inspector General spent more than year reviewing the program and visiting regional offices, national forest offices and several ranger districts, including two on the San Bernardino National Forest.
In general, the OIG did not find adequate data or procedures to support the priority and funding decisions. However, the Tom Tidwell, Chief of the Forest Service, said in his response to the report, “The Forest Service generally concurs with the findings and recommendations and appreciates the time and effort that went into the report.” He also set June 30, 2017, as the date for implementing the changes or improvements.
Basically, the Department’s OIG is concerned that the Forest Service is not spending the money appropriated for hazardous fuel reduction projects in the areas most in need of treatment. If priorities are not clear and consistent across the nation, the result could be “placing areas at increased risk of catastrophic wildland fire,” the OIG suggested.
In addition, the OIG found several instances of inaccurate reporting and accounting, which seems to call the entire program’s results into question.
Over three fiscal years, from 2012 to 2014, the Forest Service spent more than $6 billion preparing for and fighting wildfires. Projects funded to reduce hazardous fuels are supposed to contribute to the reduction and possible intensity of these fires.
However, the OIG has found that the Forest Service, which agreed with 10 of the OIG recommendations, does not have a system or process to adequately asses the wildfire risk of where these funds are being spent.
The system the Forest Service uses only “assists in determining funding for regions and their forest and does not assign priority to individual hazardous fuel reduction projects for completion,” the OIG report stated. This funding was intended to “protect at-risk communities and watersheds” and the Forest Service cannot confirm, which projects are being funded.
“[Forest Service] unit did not document rational behind project selection,” the report authors wrote. None of the ranger districts, which were part of the study, “documented why they implemented one hazardous fuels reduction project in the [wildland urban interface] over a different hazardous fuels reduction treatment in the WUI.”
The OIG investigators did state that three regions, including the Pacific Southwest, had started to move in this direction. During the investigation, the Mountain Top and Front Country ranger districts in the San Bernardino National Forest were visited. However, no specific comments referring to this forest or these districts were part of the report.
Idyllwild local Taylor James Dravenstatt, 24, previously sent to state prison for felony burglary in 2013, was arrested again on Sept. 6 for felony burglary of a dwelling. The arrest occurred in Perris. He also is charged with felony parole violation. He is currently in custody at Southwest Detention Center in Murietta. Dravenstatt’s prior conviction counts as a first strike under California’s three-strike law.
Because of his prior conviction and sentence, Dravenstatt is ineligible for probation. He also has a prior felony and prison within the last five years.
Dravenstatt was arrested in 2012 for felony burglary with another defendant, Ron Kimmerle, also then of Idyllwild. Dravenstatt was arrested again this time with other defendants — Charles Michael Stratton and Geoffrey Eugene Helmick, both of Hemet, each similarly charged with felony burglary on violation date Sept. 6.
The next action in the case is a felony settlement case for all three at 8:30 a.m. Tuesday, Sept. 20, in Department 63 in Riverside. Bail for Dravenstatt is set at $170,000.
County elections officials and the California Secretary of State’s office have received more than 100 complaints from voters who have received letters from a group called the Voter Participation Center.
The organization’s letters claim that the voter is not registered to vote and offers a pre-filled voter registration form with incorrect or outdated information, or information for persons who don’t live at the address. In many instances, the voter is, in fact, properly registered to vote, according to Secretary of State Alex Padilla.
It is important that organizations conducting voter registration drives through the mail ensure that their voter data is up-to-date and accurate. Causing confusion right before an election is wrong, he said.
“If you have questions about your voter registration status, check directly with your county elections office,” Padilla said.
“Many counties have online tools that allow voters to verify their voter registration information. Also, contact information for county elections officials and links to county online voter registration status tools is available on the Secretary of State’s website at www.sos.ca.gov/elections/registration-status/.”
New voters or persons who want to update their voter registration information may visit the Secretary of State’s official voter registration website at http://registertovote.ca.gov/. If you need to update your voter registration information, the deadline is Monday, Oct. 24.
As I was driving down North Circle Saturday to the post office, I counted the number of American flags in front of establishments. I was surprised at how few I saw, so I drove around mid-town and counted those, too. I counted 19 American flags. I know many people fly the American flag daily, so I’m assuming the added flags were in remembrance of the victims of 911, the tragedy our country experienced when fanatical extremists demonstrated their declaration of war on the U.S.A. by killing about 3,000 Americans. That’s 3,000 innocent men, women and children (coincidently, about the same number who live up here) whose lives were extinguished in a couple of hours.
I won’t forget the images I saw of this happening on television. I also won’t forget the images of terrorist supporters laughing and dancing in the street when they heard the news.
Why couldn’t many people be bothered to fly the flag on Saturday? On Obama’s most recent apology tour, he said citizens of our country were lazy. I don’t think this is true. And the facts show our society is one of the most productive, hard-working people in the world. A 40- to 48-hour work week is the norm.
Our president might have been more accurate in his statement if he had substituted “indifferent” for the word “lazy.” I suspect too many people are living too much of their lives electronically. We spend so much time on our cell phone, iPad, computer, etc., that we are losing touch with some of the things going on around us and in our world (country).
My wife Elaine and I left Idyllwild Sunday and when we returned that afternoon driving up the highway into town, I had to slow down and say, “Wow, look at that, wow,” at the sight of the Idyllwild Fire Department trucks and the giant American flag flying over the highway. I felt my heart beat faster at this beautiful scene. It made me react so strongly.
When the American flag is flying, it really is saying something to everyone who sees it. Most of us can hear this message or feel it. It’s there, loud and clear. I hope we see more of the flag in the future. IFD hopefully awakened some who may not have given much thought to what Sunday was about. You raised my blood pressure, but I’m fine.
We are 20-year residents. We love to treat visitors to one of our many fine restaurants. Labor Day weekend, I looked for a restaurant with live music.
I checked the Town Crier’s “On the Town.” There were only three listing live music.
When I walk around town I hear live music everywhere. This is an artist community. Ferro Restaurant advertises music. They are popular.
There are four restaurants advertising in the Town Crier. But 16-plus restaurants here. Do restaurants really think people will just wander in?
I looked for one in particular to call so that I could find out if they had live music or needed reservations. Surprisingly, no advertising in the Town Crier, and on Google, no current phone. Yet, I knew they were still open and running.
So I drove over to tell them they had no number and see if I needed reservations. They were surprised that their numbers were wrong.
Please take this to heart, restaurant owners. Even locals want to know: Live music? What nights? Reservations?
Could you go the extra mile and list your music or phone number in the Town Crier? The Idyllwild Phone Book? The restaurant I wanted was not listed in the phone book either.
The phone book is in every vacation home/rental. I always check the Town Crier for weekly events. Not everything is online.
Let’s help our tourist industry by advertising. Live music. Yeah.
We accidentally walked into Fratello’s restaurant. Excellent food, excellent music. I would pay to hear this band Sugarbear. I will invite friends to come and eat and hear them. I wish I had gone there first, spent the evening, if only I knew where to go and what music was playing. And food? Wonderful. Why doesn’t anyone write in about wonderful food?
Let’s be a supportive small town. We have some of the best entertainment and food in the Inland Empire. Put it out there. Don’t let people wander around hoping to find something good. Let them know what is good and where to find it.
Advertise. Please. I have nothing to gain from this letter except to help our restaurants and entertainment. Really, if something is good, spread the news. If the town benefits, we all benefit.
Victoria Durona, Idyllwild
Editor’s note: The Town Crier did not solicit this letter. (But we appreciate it.)
My girlfriend Rachel from sixth grade up lives in Asheville, North Carolina, where she finishes quilts in she and her husband’s historic home. Our friendship has lasted nearly 50 years.
Friends are friends because they share a lot in common. For us, we believed ourselves to be misfits in school. We cared little for being “popular,” though we did wish to be liked. We graduated from high school never having had a boyfriend, though we had crushes.
And we always had talents — she with sewing, me with knitting. We played in the high school band together — she French horn, me flute.
Rachel has an irreverent sense of humor that eases a person’s load and attracts people to her. It gives me comfort to hang around her, poking fun at the seriousness in the world.
And though when doing so she laughs, underneath, she also feels troubled at times, as I do. So we’re able to share that commonality which binds us even more closely as friends.
After school, she moved up to North Carolina and I out to California. For years, we hand wrote long letters to each other, mainly before my children became my focus and I had little time to write.
She and I have visited each other at our homes on opposite ends of the continent over the years. The last time we met up was in summer 2012 when Jack and I met up with Dale and Rachel arriving on a train in Wales. The four of us rented a narrowboat and lived on it for a week.
After witnessing Jack and Dale at odds with each other on how to steer the boat, we decided we would start taking separate vacations.
So, next week, I will be gone, out exploring Silver City, New Mexico, with Rachel, and catching up with my dear friend.
The preliminary hearings for Robert Pape, 28, and Cristin Smith, 27, have been rescheduled for Oct. 24.
At that hearing, the presiding judge will hear a motion from Smith’s attorney to dismiss the charges against him and, if unsuccessful, a motion to reveal the name of a confidential informant working with the Riverside County District Attorney’s office.
Both men have been arrested for the 2006 triple murder of Jon Hayward, Vicki Friedli, and Vicki’s daughter, Becky Friedli in Pinyon Pines. They had been arrested for the murders in March 2014, but nearly seven months later, the DA’s office dismissed all the charges against Pape and Smith. This June, both men were re-arrested for these murders.
The Mountain Emergency Services Committee highlighted its monthly meeting with a presentation by Michael Beltran, Imperial Irrigation District, regarding dangers posed by active shooters in public areas. The meeting was held last Wednesday at the Idyllwild Library Community Room.
Beltran is a retired policeman, with experience in special weapons and tactics (SWAT) and criminal intelligence. Jerry Hagen, MEMSCOMM county coordinator, asked Beltran to make the presentation following the San Bernardino and Orlando shootings.
Beltran began his presentation by stressing the old “shelter in place” advice is no longer valid. “It just leads to slaughter,” said Beltran. “If a shooter is coming into your space, especially if its enclosed, the advice now is to run, hide and fight” — run out of the space if possible, hide in a concealed space and if the shooter is still coming, fight as a last resort.
Beltran noted that premeditated shooters plan to attack in large, highly populated urban areas in enclosed places like the San Bernardino public building or the Orlando night club. “Seventy-percent of these incidents are at businesses or schools,” said Beltran. He said the relative risk of an active-shooter incident in Idyllwild is not statistically high. Nevertheless, Idyllwild residents travel to other areas and venues in which the possibility of an active shooter is greater.
Beltran advised that even with heavy armament, a shooter may still have to stop to reload and that is where “fight” becomes important. “The shooter is distracted then and that provides an opportunity to stop him,” he said. “An active shooter is just bent on killing as many people as possible. Pleading for one’s life does not affect the result. In one case, a man pled for his life and the shooter shot him 14 times.”
He also warned that in six out of 10 case studies, law enforcement was not in place for some time after the incident began. “The important thing today is to already have a plan in place before an incident begins,” said Beltran. “You cannot be running your options as an incident is unfolding. You must have thought about your options in an active-shooter situation beforehand and have a pre-planned action. Have an action that is a motion. Your motion requires the shooter to have to think and respond. Civilians have stopped active shooters twice as often as police intervention.”
Beltran noted that U.S. intelligence agencies used to think of active-shooter situations as “when” they might happen. “Now, it’s where it’s going to happen,” he said. “And don’t think it can’t happen here.”
In 2015, Beltran said there were more than 330 active-shooter victims. In 2016, there have been 330 to date with three-and-a-half months to go in the year.
Statistically, 41 percent of active shooters are related professionally to their victims, 5 percent to family members and 22 percent have no relation to their victims at all.
In response to questions about what to do before an event — the plan to have in mind — Beltran suggested: Know your work area. Know your closest route to evacuate and alternate evacuation routes. If you have to lock down, where will you go and what around you can be used as a weapon?
What can alert you? He suggested: gunfire; a witness; a PA announcement; a phone alert; and screaming or fleeing individuals. Said Beltran, “You must react immediately when you become aware of an active shooter. If you are unprepared, your natural instinct will be disbelief and hesitation. Most people lose their lives due to denial or distraction. It’s not being paranoid to plan for situations like this in advance. Preparation is critical.”
MEMSCOMM monthly meetings are open to the public.
For more information, visit the Department of Homeland Security site at www.dhs.gov/xlibrary/assets/active_shooter_booklet.pdf.
