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Leading local news coverage on the Peninsula

Tuesday April 9,2013 Vol XII,Edition 201

GUN CONTROLNATION PAGE 7

ALARM FATIGUECAN BE DEADLY

HEALTH PAGE 17

OBAMA SAYS HES DETERMINED AS EVERFOR

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By Paul EliasTHE ASSOCIATED PRESS

SAN FRANCISCO StevenSpriggs was stopped in a traffic jamnear downtown Fresno and thoughtnothing of whipping out his iPhone4 and clicking on the map feature tosee if there was an alternate routearound the construction mess.

He was startled when he lookedup and saw a California HighwayPatrol motorcycle officer orderinghim to pull over. He showed the

officer that he was looking at a map

and not texting or talking.Pull over, Spriggs recalled the

officer as saying. Its in yourhand.

A little more than a year later,Spriggs is at the heart of a novelcourt case that has technology blogsand social media sites buzzingabout the $160 ticket plus courtcosts he was ordered to pay for dis-tracted driving.

A court commissioner and then athree-judge appellate panel of theSuperior Court found Spriggs guilty

of violating a California law that

bans motorists from texting or con-ducting phone conversations withhand-held devices.

The judges rejectedSpriggs argument thatthey were expandingthe law by refusingto toss out theticket he got inJanuary 2012.

Spriggs, whograduated fromlaw school but isnot a practicing attor-

ney, represented himself

before the commissionerand then the appeals

panel. He initiallybrought a paper

map to court toargue that it waslegal to hold it

while driving. Notpersuaded, the traffic

court commissioner foundhim guilty.

Next, he appealed to thethree-judge panel of Fresno

Superior Court, arguing in a legal

brief that the iPhone has a flashlight

feature and other functions that canbe useful to a driver and arent asdangerous as texting or talking.That hearing last all of 30 secondsbecause no one from the CHP ordistrict attorneys office appeared tooppose the appeal by Spriggs.

He still lost.Fresno County Judge Kent

Hamlin, writing on March 21 forthe three-judge panel upholding thecommissioners ruling, said theprimary evil sought to be avoided is

California court: Motorist cant use hand-held map

By Bill SilverfarbDAILY JOURNAL STAFF

The Belmont City Council willhave a second chance tonight todecide whether the best way to pro-tect the citys aging sewer system isrequiring mandatory inspectionsand repairs of the laterals as a homeis being sold.

The point-of-sale mandate pro-posed by the citys Public WorksDepartment, already in effect in sev-

eral other local cities due to a courtdecision, was discussed by thecouncil at length back in Januarybefore it voted to continue the itemuntil tonight.

The issue is whether a homeown-er should have to disclose to apotential buyer that there could be

problems with the sewer lateral andthen who should pay for the fix.

Realtors are opposed to the plan,saying it will kill the sale of thehome.

Sewer laterals are the under-ground pipes that connect a resi-dence or business to the main sewerline. Maintenance of sewer lateralsis the responsibility of the propertyowner in Belmont.

Fixing a sewer lateral could costbetween $7,500 and $25,000. If theproperty owner cannot pay the billor negotiate with the buyer to splitthe cost, the transaction could die,according to the San Mateo CountyAssociation of Realtors.

The city aims to reduce the inflowand infiltration from private sewer

City taking onsewer laterals

once againBelmont council considers disclosurerequirements at point of homes sale

DAILY JOURNAL STAFF REPORT

New businesses in San Brunohoping to sell guns could need tomeet some extra requirements achange in the permitting processthat goes before the City Council

tonight.In February, the San Bruno City

Council discussed gun regulationsproposed nationally, in California

and in nearby cities. While therewere numerous questions, the coun-cil generally supported state andnational efforts and asked staff tocome back with more informationabout a variety of ideas from creat-ing a permit system for San Bruno

retailers to establishing an anony-mous tip line encouraging residents

San Bruno considers new gun rules

SeeMAPS, Page 20

IMAGE AND RENDERING COURTESY OF THE CITY OF BURLINGAME

Burlingame Avenue as it appears today and an architectural rendering of what it will look like after renovations.

By Heather MurtaghDAILY JOURNAL STAFF

Those who enjoy visitingBurlingame Avenue should work ontheir parallel parking skills.

Over the next 14 to 16 months,Burlingame Avenue will be over-

hauled to create a more pedestrianfriendly experience that includes

Officials kickoff downtown revampConstruction project seeks to overhaul Burlingames main retail strip

See SEWER, Page 20

See RULES, Page 8See REVAMP, Page 20

HEATHER MURTAGH/

DAILY JOURNAL

The BurlingameCity Council alongwith Public Works

Director SyedMurtuza and City

Manager LisaGoldman celebrate

the kickoff of thedowntownstreetscape

project.

CARDINALSWIN TITLE

SPORTS PAGE 11

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FOR THE RECORD2 Tuesday April 9, 2013 THEDAILYJOURNAL

The San Mateo Daily Journal800 S. Claremont St., Suite 210, San Mateo, CA 94402

Publisher: Jerry Lee Editor in Chief: Jon [email protected] [email protected]

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As a public service,the Daily Journal prints obituaries of approximately 200 words or less with a photo one time on the date of the familys choosing.To submit obituaries,emailinformation along with a jpeg photo to [email protected] obituaries are edited for style,clarity,length and grammar.If you would like to have an obituary printedmore than once,longer than 250 words or without editing,please submit an inquiry to our advertising department at [email protected].

Actress LeightonMeester is 27.

This Day in History

Thought for the Day

1913

The first game was played at Ebbets

Field, the newly built home of the

Brooklyn Dodgers, who lost to the

Philadelphia Phillies, 1-0.

I believe in God,only I spell it Nature.

Frank Lloyd Wright (1867-1959)

Playboy magazinefounder HughHefner is 87.

Actress KristenStewart is 23.

In other news ...

Birthdays

PHOTO COURTESY OF THE DOWNTOWN SAN MATEO ASSOCIATION

Artist Ricardo Richey paints a mural in downtown San Mateo at Fifth and South Ellsworth avenues Sunday.The wall was paintedas part of the citys effort to beautify downtown.The city has a downtown cleanup scheduled Saturday,April 20 between 8

a.m.and noon where more than 100 volunteers will pick up litter,do some landscaping and paint several more murals in ananti-graffiti effort.

Tuesday: Sunny. Highs in the mid 60s.Northwest winds 10 to 20 mph.Tuesday night: Clear. Lows in the 40s.North winds 10 to 20 mph.Wednesday: Sunny. Highs in the mid 60s.Northwest winds 10 to 20 mph.Wednesday night: Partly cloudy in theevening then becoming mostly cloudy.Patchy fog after midnight. Lows in the upper 40s. Northwestwinds 15 to 20 mph.

Thursday: Mostly cloudy in the morning then becoming part-ly cloudy. Patchy fog. Highs around 60.Thursday night: Partly cloudy. Lows in the upper 40s.Friday: Sunny. Highs in the lower 60s.Friday night through Monday: Partly cloudy. Breezy. Lowsin the upper 40s. Highs in the lower 60s.

Local Weather ForecastLotto

The Daily Derby race winners are No.03 Hot Shot

in first place; No.10 Solid Gold in second place;

and No.12 Lucky Charms in third place.The race

time was clocked at 1:48.28.

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THAT SCRAMBLED WORD GAMEby David L. Hoyt and Jeff Knurek

Unscramble these four Jumbles,one letter to each square,to form four ordinary words.

REWAY

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2013 Tribune Media Services, Inc.All Rights Reserved.

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In 1413, the coronation of Englands King Henry V took placein Westminster Abbey.In 1682, French explorer Robert de La Salle claimed theMississippi River Basin for France.In 1865, Confederate Gen. Robert E. Lee surrendered his armyto Union Gen. Ulysses S. Grant at Appomattox Court House inVirginia.In 1939, singer Marian Anderson performed a concert at theLincoln Memorial in Washington, D.C., after being denied theuse of Constitution Hall by the Daughters of the AmericanRevolution.In 1942, during World War II, American and Philippinedefenders on Bataan capitulated to Japanese forces; the surren-der was followed by the notorious Bataan Death March.In 1947, a series of tornadoes in Texas, Oklahoma and Kansasclaimed 181 lives.In 1959, NASA presented its first seven astronauts: Scott

Carpenter, Gordon Cooper, John Glenn, Gus Grissom, WallySchirra, Alan Shepard and Donald Slayton. Architect FrankLloyd Wright, 91, died in Phoenix, Ariz.In 1963, British statesman Winston Churchill was proclaimedan honorary U.S. citizen by President John F. Kennedy.(Churchill, unable to attend, watched the proceedings live ontelevision in his London home.)In 1983, the space shuttle Challenger ended its first missionwith a safe landing at Edwards Air Force Base in California.In 1993, the Rev. Benjamin Chavis was chosen to head theNAACP, succeeding Benjamin Hooks.In 1996, in a dramatic shift of purse-string power, PresidentBill Clinton signed a line-item veto bill into law. (However, theU.S. Supreme Court struck down the veto in 1998.)In 2005, Britains Prince Charles married longtime loveCamilla Parker Bowles, who took the title Duchess ofCornwall.

Satirical songwriter and mathematician Tom Lehrer is 85.Naturalist Jim Fowler is 81. Actor Jean-Paul Belmondo is 80.Actress Michael Learned is 74. Country singer Margo Smith is71. Country singer Hal Ketchum is 60. Actor Dennis Quaid is 59.Humorist Jimmy Tingle is 58. Country musician Dave Innis(Restless Heart) is 54. Actress-sports reporter Lisa Guerrero is49. Actor Mark Pellegrino is 48. Actress-model PaulinaPorizkova is 48. Actress Cynthia Nixon is 47. Rock singer KevinMartin (Candlebox) is 44. Rock singer Gerard Way (MyChemical Romance) is 36. Actress Keshia Knight Pulliam is 34.

Montana pet owner tofeds:The dog ate my money

HELENA, Mont. A Montana manwhose 12-year-old golden retriever atefive $100 bills hopes to be reimbursedby the federal government.

Wayne Klinkel tells the IndependentRecord that his dog Sundance ate thebills while he and his wife were on aroad trip to visit their daughter.

Klinkel says he carefully pickedthrough the dogs droppings, and his

daughter recovered more when snowmelted.

He says he washed the remnants of thebills and taped them together and sentthem to the Treasury DepartmentsBureau of Engraving and Printing withan explanation of what happened.

The bureaus website says an experi-enced mutilated currency examiner willdetermine if at least 51 percent of a billis present and eligible for reimburse-ment. The process can take up to twoyears.

Frog-phobic man awarded$1.6M over runoff flooding

CLARENCE, N.Y. PaulMarinaccio Sr. traces his fear of frogs to

a childhood incident in Italy when a manholding bullfrogs chased him away afterhed wandered from the vineyard wherehis parents worked.

Decades later, he found himselfdescribing his phobia to a jury, calling

himself a prisoner in my own homeafter runoff water from a nearby devel-opment turned his 40-acre property intowetlands and inundated it with frogs.

I am petrified. I go home at night andI cant get in my garage because of thefrogs, Marinaccio testified in 2009.Theyre right in front of the damn door,OK?

It was part of a seven-year legal fightinvolving Marinaccio, the town ofClarence and a developer that, accordingto The Buffalo News, finally ended last

month when the states highest courtruled that Marinaccio, who was awarded$1.6 million in compensation after the2009 trial, is not entitled to an addition-al $250,000 in punitive damages.

Marinaccio sued Clarence, a Buffalosuburb, and Kieffer Enterprises Inc. afterrunoff diverted onto Marinaccios prop-erty from a new Kieffer subdivisionturned it into wetlands. A town engineerinitially said the water would flow into aditch elsewhere on Kieffer property. Thetown later discovered the ditch was actu-ally on Marinaccios property, and that itwas too small to handle the flow ofwater.

Girl next door AnnetteFunicello dies at 70

NEW YORK She was the firstcrush for a generation of boys, the per-fect playmate for a generation of girls.

Annette Funicello, who became achild star as a cute-as-a-button

Mouseketeer onThe Mickey MouseClub in the 1950s,ruled among babyboomers, who tunedin every weekdayafternoon to watchher on their flicker-ing black-and-whitetelevision sets.

Then they shedtheir mouse ears, as

Annette did when she teamed up with

Frankie Avalon during the 60s in astring of frothy, fun-in-the-sun movieswith titles like Beach Blanket Bingoand How to Stuff a Wild Bikini.

Decades later, she endeared herself tobaby boomers all over again after sheannounced in 1992 that she had multiplesclerosis and began grappling with theslow, degenerative effects with remark-ably good cheer and faith.

Funicello died on Monday at MercySouthwest Hospital in Bakersfield,Calif., of complications from MS, theWalt Disney Co. said. She was 70 andhad dropped from public view years ago.

She really had a tough existence,Avalon told the Associated Press. Itslike losing a family member. Im devas-tated but Im not surprised.

Avalon said that when they wereworking together, she never realizedhow beloved she was. She would say,Really? She was so bashful about it.She was an amazing girl, he recalled.

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SAN MATEOSuspicious circumstances. Two men wereseen suspiciously removing a refrigerator froma property on the 400 block of PeninsulaAvenue before 11:15 p.m. on Sunday, April 7.Grand theft. A pizza delivery vehicle wasstolen on the 2200 block of El Camino Realbefore 10:11 p.m. on Saturday, April 6.Fraud. A persons passport was used to writebad checks on the 2900 block of SouthNorfolk Street before 8:15 p.m. on Friday,April 5.Burglary. A person found burglars in theirhouse on the 600 block of Edgewood Roadbefore 12:23 p.m. on Friday, April 5.Hit-and-run. A woman was hit by a vehicleon the 600 block of East Third Avenue before9:27 a.m. on Friday, April 5.

BELMONT

Burglary. A house was broken into onKimmie Court before 10:19 p.m. on Sunday,April 7.Arrest. A man was arrested on an outstandingwarrant on Waltermire and Elmer streetsbefore 9:57 p.m. on Sunday, April 7.Battery. Several people were seen in a physi-cal fight on Ralston Avenue and South Roadbefore 5:56 p.m. on Sunday, April 7.Arrest. A man was arrested for being drunk inpublic on Old County Road before 1:58 a.m.on Sunday, April 7.

Police reports

Love-loveA man and woman were seen in a disputenear a tennis court on the first block ofEast Fifth Avenue in San Mateo before 1p.m. on Saturday, April 6.

By Michelle DurandDAILY JOURNAL STAFF

Four members of a San Bruno familyaccused of attacking police officers on theFourth of July 2011 after chasing one relativewho allegedly lobbed an M-1000 under apatrol car began trial Monday on numerous

felonies stemming from the brawl.Ephraim DeVera Rapada, 59, Crystal AnneRapada, 29, Ervin James Rapada, 27, andWendell Jennings Rapada, 32, are charged withvarying amounts of battery on a police officer,resisting arrest and assault in the incident thatleft one officer with a concussion and nearlysaw another thrown off a balcony. WendellRapada, the family member accused of throw-ing the firecracker that preceded the assaults, isalso accused of violating his felony probationfor firearm possession with the new arrest.

The case was assigned yesterday to JudgeLeland Davis and is estimated to last threeweeks. Wendell Rapadas probation violationconference is trailing behind the new case.

The brutal holiday encounter began whentwo San Bruno police officers, acting as partof a countywide fireworks abatement team,

saw a M-1000 lobbed from an apartment com-plex to the street and roll underneath their car.They chased the suspect, Wendell Rapada, toan East Avenue complex and up to an outside

balcony. As Rapadaallegedly punched at theofficers, his cousin,Crystal Rapada, came outof the apartment and

joined in hitting and kick-ing them, according to theDistrict Attorneys Office.

His father, EphraimDeVera Rapada, appearedand reportedly tried liftingone officer over the bal-cony which is 13 feetabove ground. Next,cousin Ervin Rapada,allegedly participated inthe attack.

One officer reportedfeeling one of the suspectstry to remove his gun fromits holster as he lost con-sciousness. Another offi-cer arrived to help and was

allegedly struck several times in the face byErvin Rapada.

Another group of officers responded to callsfor backup and arrested the four Rapadascharged in the case. Two others were accusedof fighting with the responding officers, notthe original assault upstairs, so they were onlycited for misdemeanor battery on an officer

and released. The DistrictAttorneys Office declinedto file charges againsteither, citing insufficientevidence.

One officer was hospital-ized with a concussion andtwo received black eyesand facial contusions.

The trial has been sched-uled and rescheduled sixtimes since the Rapadafamily was first arraignedin San Mateo CountySuperior Court inNovember 2011.

During that time, thefamily has also pleaded itsown case with an onlinevideo demanding justiceand claiming they were thevictims of excessive policeforce regardless of

whether or not they are guilty.Ephraim and Crystal Rapada are free from

custody on $75,000 bail and Ervin Rapada isfree on $50,000 bail. Wendell Rapada is freeon $110,00 bail for both cases.

[email protected]

(650) 344-5200 ext. 102.

Family starts trial in holiday cop brawl

EphraimRapada

Crystal Rapada

Ervin Rapada

WendellRapada

Burlingame seeks clarityon school funding proposal

Simplifying education funding is some-thing Burlingame school officials agree withbut they have questions about the actual dol-lars and cents.

On Tuesday, the Burlingame ElementarySchool District Board of Trustees will dis-cuss requesting a change to the modifiedLocal Control Funding Formula. Gov. JerryBrown suggested simplifying the formulafor funding schools earlier this year. TheLocal Control Funding Formula is the pro-

posed method. Under the proposal, therewould be fewer requirements for how dis-tricts spend money and those with studentswho have additional needs will receive extramoney.

The proposed target level of the basegrant for the new funding formula does notensure that all (Local Educational Agencies)will receive funding levels restored to theirpre-recession levels, reads the proposedresolution.

Most California districts have had massivecuts since the 2008-09 school year. As such,the request is to at least bring funding backto the 2007-08 funding level.

The board meets 7 p.m. Tuesday, April 9 atthe District Office, 1825 Trousdale Drive,Burlingame.

Local brief

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By Erica WernerTHE ASSOCIATED PRESS

WASHINGTON Senatorswriting a comprehensive immigra-tion bill hope to finish their workthis week, opening whats sure to bea raucous public debate over meas-

ures to secure the border, allow tensof thousands of foreign workers intothe country and grant eventual citi-zenship to the estimated 11 millionpeople living here illegally.

Already negotiators are caution-ing of struggles ahead for an issuethats defied resolution for years. Animmigration deal came close on theSenate floor in 2007 but collapsedamid interest-group bickering andan angry public backlash.

There will be a great deal ofunhappiness about this proposalbecause everybody didnt get whatthey wanted, Sen. John McCain, R-Ariz., a leader of the eight senatorsnegotiating the legislation, saidSunday. There are entrenched posi-

tions on both sides of this issue.Theres a long road, said Sen.Chuck Schumer, D-N.Y., appearingalongside McCain on CBS Face

the Nation. There are people onboth sides who are against this bill,and they will be able to shoot at it.

Schumer, McCain and theirGang of Eight already missed aself-imposed deadline to have their

bill ready in March, but Schumersaid he hoped that this week, it willhappen.

All of us have said that there will

be no agreement until the eight of usagree to a big, specific bill, buthopefully we can get that done bythe end of the week, said Schumer.

Another negotiator, Sen. LindseyGraham, R-S.C., was more cau-

tious, saying on NBCs Meet thePress that he hoped to get the dealdone in the next couple ofweeks.

Raucous debate on immigration to get underway


A transient accused of stealingiPhones and other electronics inseveral Peninsula cities to fund adrug habit was charged Mondaywith 13 felony counts of second-degree robbery.

Nicholas Anthony Simat, 26,appeared in court yesterday and hisbail was set at $197,500, said

District Attorney Steve Wagstaffe.If convicted, Simat faces roughly11 years in prison but, underrealignment, the term would beserved locally.

Authorities arrested Simat

Thursday at afriends home inPinole afterpolice receiveda tip, accordingto the South SanFrancisco PoliceD e p a r t m e n t .Police saidSimat admittedto committing

numerous iPhone thefts and saidthey were stolen to support a heroinand oxycontin habit.

Since Feb. 27, numerous iPhonethefts happened throughout the

Peninsula after a man entered vari-ous businesses and pretended to be acustomer. The same man went tobusinesses in South San Francisco,Burlingame and Daly City. Whenemployees were distracted or leftthe area, the man would quicklysteal iPhones, iPads and other elec-tronics from employees desks.During these interactions, the manreferred to himself as Mike or

Michael and claimed to be a com-puter guy who recently inheritedmoney, according to police.

He is also suspected of burglaryand theft in Pleasanton.

Alleged iPhone thief charged with 13 felonies

Nicholas Simat

WHY NOW?

Major problems with U.S.immigration have beenaround for decades.President George W.Bush tried to change thesystem and failed.President Barack Obamapromised to overhaul it in his first term but neverdid.In his second term,hes making immigration a

priority,and Republicans also appear ready todeal.Why the new commitment?Obama won 71 percent of Hispanic voters in his2012 re-election campaign,and he owes them.Last years election also sent a loud message toRepublicans that they cant ignore this pivotalvoting bloc.Its been the kind of breathtaking turnaround yourarely see in politics.Plus,theres growing pressurefrom business leaders,who want to make it easierfor the U.S.to attract highly educated immigrantsand to legally bring in more lower-skilled workerssuch as farm laborers.WHATS THE PROBLEM?

Talk about comprehensive immigration reformgenerally centers on four main questions: What to do about the 11 million-plusimmigrants who live in the U.S.without legalpermission. How to tighten border security. How to keep businesses from employingpeople who are in the U.S.illegally. How to improve the legal immigration system,now so convoluted that the adjective Byzantinepops up all too frequently.WHATS THE GANG OF EIGHT?

A group of four Democrats and four Republicans

in the Senate,taking the lead in trying to craftlegislation that would address all four questions.Obama is preparing his own plan as a backup incase congressional talks fail.Theres also abipartisan House group working on draftlegislation,but House Republican leaders mayleave it to the Senate to make the first move.COMING TO AMERICA

A record 40.4 million immigrants live in the U.S.,representing 13 percent of the population.Morethan 18 million are naturalized citizens,11 millionare legal permanent or temporary residents,andmore than 11 million are in the country withoutlegal permission,according to the Pew HispanicCenter,a private research organization.

Those in the U.S.illegally made up about 3.7percent of the U.S.population in 2010.Whileoverall immigration has steadily grown,thenumber of immigrants in the U.S.illegally peakedat 12 million in 2007.WERE NO.1

The U.S.is the leading destination for immigrants.Russias second,with 12.3 million,according toPew.WHERE FROM?

Twenty-nine percent of the foreign-born in theU.S.,or about 11.7 million people,came fromMexico.About 25 percent came from South and

East Asia,9 percent from the Caribbean,8 percentfrom Central America,7 percent South America,4percent the Middle East and the rest fromelsewhere.

The figures are more lopsided for immigrantsliving here illegally:An estimated 58 percent arefrom Mexico.The next closest figure is 6 percent

from El Salvador,says the government.WHERE TO?

California has the largest share of the U.S.immigrant population,27 percent,followed byNew York,New Jersey,Florida,Nevada,Hawaii and

Texas,according to the Migration Policy Institute,a private group focused on global immigrationissues.

California has the largest share of immigrants inthe U.S.illegally,at 25 percent,followed by Texaswith 16 percent.Florida and New York each has 6percent,and Georgia has 5 percent,according tothe Department of Homeland Security.GETTING IN

Heres one way to think about the waysimmigrants arrive in the U.S:Some come in thefront door,others the side door and still othersthe back door,as laid out in a report from theprivate Population Reference Bureau. Arriving through the front door:people legallysponsored by their families or employers.Alsorefugees and asylum-seekers,and immigrantswho win visas in an annual diversitylottery. Side door:legal temporary arrivals,includingthose who get visas to visit,work or study.Thereare dozens of types of nonimmigrant visas,available to people ranging from business visitorsto foreign athletes and entertainers.Visitors fromdozens of countries dont even need visas. Back door:Somewhat more than half of thosein the U.S.illegally have come in the back door,evading border controls,Pew estimates.The restlegally entered,but didnt leave when they weresupposed to or otherwise violated terms of theirvisas.HOW DO WE KNOW?

Its widely accepted that there are more than 11million immigrants in the U.S.illegally.But how do we know that?

Those who are living here without permissiontypically arent eager to volunteer thatinformation.Number-crunchers dig into censusdata and other government surveys,make someeducated assumptions,adjust for people whomay be left out,mix in population informationfrom Mexico and tend to arrive at similar figures.

The Department of Homeland Security estimatesthere were 11.5 million immigrants living in theU.S.illegally in January 2011.Pew puts thenumber at 11.1 million as of March 2011.Demographers use whats called the residualmethod to get their tally.They take estimates ofthe legal foreign-born population and subtractthat number from the total foreign-bornpopulation.The remainder represents those whoare living in the country without legal permission.IS IT A CRIME?

Simply being in the United States in violation ofimmigration laws isnt,by itself,a crime;its a civilviolation.Entering the country without permission is amisdemeanor criminal offense.Re-entering thecountry without authorization after being

formally removed can be felony.Pew estimates that a little less than half ofimmigrants who lack legal permission to live inthe U.S.didnt enter the country illegally.Theyoverstayed their visas,worked withoutauthorization,dropped out of school orotherwise violated the conditions of their visas.

All about immigration

REUTERS FILE PHOTO

Immigrants hide from a border patrol vehicle while waiting a chance tocross into the United States at the border fence.

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Albert (Al) GalatoloAlbert (Al) Galatolo, born April 5,

1931, died peacefully at home April6, 2013.

He was 82.Husband, father, grandfather and

great-grandfather. He was born in SanFrancisco to Inez and Emil Galatolo.

He is survived byhis loving wife of56 years, Barbaraand daughterJeannie. He isalso survived byhis two grand-c h i l d r e nStephanie (Sky)Murphy and

Tyler Galatolo; great-grandchildrenSerafino and Soleil Murphy; god-children Kathleen Gamba, JaniceAlamilio and Greg Zunino; sister-in-law and brother-in-law Beverley andRoby Blessing. Al was pre-deceasedby his parents, sister Norma and sonRoger Galatolo.

Al grew up in San Francisco andenjoyed his Italian heritage. He

served his country in the U.S. CoastGuard from 1953-1955. Al had aflourishing career with Pacific Bellfor 33 years and retired in 1989. Alshome away from home was BayMeadows race track, where he lovedbetting (and winning) on his horses.He and Barbara also enjoyed gam-bling at Cache Creek and HarrahsSouth Lake Tahoe.

Friends may visit after 5:30 p.m.Tuesday, April 9 and are invited toattend a 7 p.m. vigil service atCrippen & Flynn Carlmont Chapel,1111 Alameda de las Pulgas,Belmont. A funeral mass will be held10 a.m. Wednesday, April 10 at St.Charles Catholic Church, 800Tamarack Ave., San Carlos with bur-

ial following at Italian Cemetery,Colma.

As a public service, the DailyJournal prints obituaries of approxi-mately 200 words or less with a photoone time on the date of the familyschoosing. To submit obituaries, emailinformation along with a jpeg phototo [email protected]. Freeobituaries are edited for style, clarity,length and grammar. If you would liketo have an obituary printed more thanonce, longer than 200 words or with-out editing, please submit an inquiryto our advertising department [email protected].

Obituary


The last of three Norteo gang-members charged with attacking aRedwood City taqueria patronbecause they thought he was aHispanic gang rival will receiveeight years in prison after pleadingno contest to felony assault and

admitting he had been to prisonbefore.

Formal sentencing for Roberto

Gallegos, 29, was set for May 3 sothat the victim can attend the hear-ing.

Gallegos plea deal ends the casewhich prosecutors say began July21, 2012 at Tacos El Grullense onWoodside Road in Redwood Citywhen he and two others taunted thevictim because he wore a blue shirtand they did not believe his claimsof being Persian. Co-defendant Juan

Carlos Madero, 31, reportedlypunched him in the face and the oth-ers then attacked the man with bro-ken bottles and punches, accordingto the District Attorneys Office.

Madero pleaded no contest tofelony assault and causing greatbodily injury. He faces up to 16years in prison as a second-strikerwhen sentenced May 2. Third co-defendant Jonathan Fuentes Ortiz,

22, pleaded no contest to felonyassault and received four years inprison. He was also sentenced to aconcurrent five-year term for violat-ing probation imposed after attack-ing his father whom he blamed forhis mothers imprisonment onattempted murder charges.

Madero remains in custody in lieuof $225,000 bail. Gallegos is heldon in lieu of $200,000 bail.

OCA San Mateo will hostthe seventh annualSpeak and Lead with

Pride Program at 6 p.m.Wednesday, April 10 at the BorelEstate Building, S. 1700 El CaminoReal in San Mateo.

Highlighting the talents of localhigh school students, four finalistswill compete by speaking on thetopic: In our evolving world, whatis the value of a college educationand how might I use it to benefit thecommunity?

Founded in 2005 by OCA SanMateo Chapter, the Speak andLead Program is a six-week pro-gram designed to strengthen theconfidence and speaking skills of

local high school students with theultimate goal of building each stu-dents leadership potential. Thisyears program consists of 26 moti-vated students from various SanMateo County high schools. TheApril 10 competition is the culmina-tion of the program which includestwo-hour classes each Saturday forsix weeks.

Winners of the competition willbe selected by a panel of three

judges: Josie Yu, Ph.D. educationliaison, San Mateo County, STEMworkforce development; FosterCity Police Chief Matt Martell;

and Lorena Hernandez, Californiadirector of external affairs forComcast, In addition, Cherie Ho,principal of Redwood ShoresElementary School, will be thekeynote speaker.

The event is open to the publicand funded by a grant from theComcast Foundation.

***Parents, community members,

residents, educators, corporate rep-resentatives and nonprofit organiza-tions can learn more about thestates Common Core Standardsand how they will impact studentsand schools. Sessions will be held5:30 p.m. Thursday, April 11 atTexas Instruments, 2900

Semiconductor Drive, Santa Claraand 1 p.m. Tuesday, April 16 at theRedwood Shores Center, 330-350Twin Dolphin Drive, Redwood City.

Class notes is a column dedicated toschool news. It is compiled by educa-tion reporter Heather Murtagh. You cancontact her at (650) 344-5200, ext. 105or at [email protected].

Last gangmember takes taqueria assault deal

Amid a sea of global awareness and interconnection,Notre Dame High School in Belmont is definitely riding thewave.Students and staff alike have welcomed many new faces and languages from around the world into thehallways and classrooms this year.The experience of having international students on campus is changing theway community members view their own and other cultures,adding a new lens for viewing and connecting tothe world beyond these shores.Many cross-cultural friendships are developing, and global interaction is no

longer an abstract idea for students.Though Notre Dame High School has traditionally had a sizable number ofstudents whose families have emigrated from other countries,many of our current international students havecome to the United States alone,without their own families.These intrepid girls are living on the Peninsula withhost families,thousands of miles from their parents and friends in China,Russia,Japan,Thailand and India.Theyare immersed in a rigorous college preparatory program,are absorbed in the study of American culture and areinvolved in the most complex course of all,How American High School Works.

7/28/2019 04-09-2013 Edition

7/28

NATION 7Tuesday April 9, 2013THEDAILYJOURNAL

By Paul Larson

MILLBRAE Ourcountrys economicroller-coaster ridehas been interestingand historic forsure, but also verytroubling for many

families whove notbeen as financially stable as others.Recently though Ive been observing aphenomenon with those we serve at theCHAPEL OF THE HIGHLANDS. It maybe too early to confirm, but it appears thatthere is a general state of confidence withmany families, along with the decisions andchoices they make during funeralarrangements. Yes, I know you are thinkingthat confidence is not a term you woulduse to coincide with funeral arrangements,but it appears to me that people I see aretending to be more financially assured thanduring the deepest years of The GreatRecession.

They say that the two things you cantavoid are death and taxes. With that inmind, during the economic downturn I saw avery noticeable sense of thrift andprudence with a lot of families whoexperienced a death during that period.Still, those who tended to cost shop atvarious funeral homes selected CHAPELOF THE HIGHLANDS to handle funeral orcremation arrangements. These familiesfound comfort with our service, and notablywith our more economic cost structure.

Now, lately the trend with families andtheir funeral choices reminds me of the daysway before the recession hit. Its not thatpeople are utilizing their funds differently,spending more or spending less, but thatthey are more assertive and confident when

using their wallet. Seeing this over and overgives me a good indication that something inthe economic climate is changing comparedto not that long ago.

Even though many of our honorableelected officials in Sacramento andWashington D.C. appear to be as inflexiblewith economic issues as always, the air ofconfidence with the families Ive beendealing with means to me that these people

are feeling less pressured financially.It is well known that when businesses do

well they hire more employees, and whenthose employees are confident they willspend their money on goods and services.In turn, the companies that provide goodsand services will need competent employeesto create more goods, give more services,and so onmaking a positive circle for ahealthy economy. In relation to that, after along period of U.S. manufacturing jobsbeing sent over-seas there is news of agrowing number of companies bringing thiswork back to the United States. Real Estatevalues on the Peninsula remained in a goodstate during the recession, but houses hereare now in demand more than ever.

Encouraging Hopeful and Positiveare words to describe the optimistic

vibrations that people are giving off. If thecommunity is becoming more comfortablewith spending, that indicates good health forbusiness and the enrichment of oureconomic atmosphere. I hope Im right, solets all keep our fingers crossed.

If you ever wish to discuss cremation,funeral matters or want to make pre-planning arrangements please feel free tocall me and my staff at the CHAPEL OFTHE HIGHLANDS in Millbrae at (650)588-5116 and we will be happy to guide youin a fair and helpful manner. For more infoyou may also visit us on the internet at:

www.chapelofthehighlands.com.

Funeral Trends IndicateUpswing in the Economy

vert sement

REUTERS

Barack Obama hugs crying members of the audience after delivering remarks on measuresto reduce gun violence.

By Andrew TaylorTHE ASSOCIATED PRESS

WASHINGTON Even as it adds fuel tobattles over taxes and Social Security,President Barack Obamas budget will repriselots of smaller bore proposals that have gonenowhere in a gridlocked Washington.

Ideas like higher Transportation SecurityAdministration fees on airline tickets, the endof Saturday mail delivery and higher pensioncontributions for federal workers are the hardyperennials of Obamas budgets, reprised yearafter year, along with more widely known pro-posals like taxing oil companies and the rich.Many of the ideas have been seen as candi-dates for inclusion in broader deficit deals thathave never come to pass.

Obama proposes some $200 billion in sav-ings outside of health care costs, including anew fee on telecommunications companiesand other users of federally licensed commu-nications spectrum and billions of dollarsclaimed by selling off excess federal proper-ties. They are part of Obamas most recent,spurned budget offer to House Speaker JohnBoehner, R-Ohio, in December and will bereprised when Obamas budget comes out onWednesday.

Efforts for a grand bargain on the budgetbetween Obama and Congress have provenelusive, however, and stand-alone attempts toadvance the proposals including cuttingfarm subsidies and overhauling the PostalService have bogged down as well.

At issue are dozens of longstanding optionsto trim the federal budget. They include elim-

inating direct payments tofarmers even if they dontproduce a crop and curb-ing $30 billion worth ofMedicare payments over adecade to hospitals toreimburse them forpatients who dont paydeductibles and copay-ments.

But the nature of budgetcuts or new fees is that they often go afterpowerful interest groups. So they typicallydie, only to be reprised year after year as theadministration assembles its budget wish list.

For instance, Obamas proposal to saveabout $140 billion over a decade by reducingMedicare payments to drug companies is

opposed by both Republicans andDemocrats. Obamas proposal to require fed-eral workers to contribute more to their pen-sions is opposed by both his labor unionallies and many Democratic lawmakers alike.And legislation to stem losses by the PostalService by allowing it to cut Saturday deliv-ery and close facilities has to pass through agantlet of unions and lawmakers worried ofshuttering facilities in their districts andstates.

Senate Republicans have easily repelledrecent attempts by the AppropriationsCommittee to enact a $2.50 increase in airlinesecurity fees that would double the per-pas-senger TSA fee for those taking nonstopflights thats based on proposals of the budg-ets of both Obama and George W. Bush. Itllbe reprised on Wednesday.

Obamas budgetplan revisits small

bore budget cuts

By Nedra PicklerTHE ASSOCIATED PRESS

HARTFORD, Conn. With time runningout on the chance to pass gun control legisla-tion, President Barack Obama on Mondaywarned Congress not to use delaying tacticsagainst tighter regulations and told families ofthe Sandy Hook Elementary School shootingvictims that hes determined as ever to honortheir children with tougher laws.

Obamas gun control proposals have run intoresistance on Capitol Hill, leaving their fate indoubt. Efforts by Senate Democrats to reachcompromise with Republicans over expandingrequired federal background checks have yet toyield an agreement, and conservatives werepromising to try blocking the Senate from evenbeginning debate on gun control legislation.

The day Newtown happened was the tough-

est day of my presidency, Obama said in an

emotional speech from Connecticuts capital,an hours drive from Newtown. But Ive got totell you, if we dont respond to this, thatll be atough day for me too.

Some of the Sandy Hook families are mak-ing an attempt to push through the bill. Obamamet with them privately before his speech atthe University of Hartford Monday evening,then brought 12 family members back to AirForce One for the trip back to Washington.The relatives want to meet with senatorswhove yet to back the legislation to encour-age their support in memory of their lovedones.

Nothings going to be more important inmaking sure that the Congress moves forwardthis week than hearing from them, Obamasaid. His eyes teared as he described NicoleHockley, who lost her 6-year-old son, Dylan,saying how she asks him every night to cometo her in her dreams so she can see him again.

Obama determined as ever for gun bill

John Boehner

7/28/2019 04-09-2013 Edition

8/28

NATION/WORLD8 Tuesday April 9, 2013 THEDAILYJOURNAL

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By Bradley KlapperTHE ASSOCIATED PRESS

JERUSALEM Secretary of State JohnKerry worked Monday to corral Israeli andPalestinian leaders into a new and ambitiouspeace process that includes reviving parts of along-dormant plan embraced by the Arab

world a decade ago, officials said.The 2002 initiative that Kerry wants to

revive parts of would have provided Israelrecognition throughout the Arab world inexchange for a pullout from territory con-quered in 1967.

On his third trip to Jerusalem in the last twoweeks, Kerry committed himself to a multi-month peace push that could mean numerousfollow-up trips to the region. He met withIsraeli Prime Minister Benjamin Netanyahuand other senior Israeli and Palestinian offi-cials Monday, a day after sitting down for pri-vate one-on-one talks with PalestinianPresident Mahmoud Abbas in Ramallah.

I am intensely focused on this issue andthe region because it is vital really toAmerican interests and regional interests totry and advance the peace process andbecause this festering absence of peace isused by groups everywhere to recruit andencourage extremism, Kerry told reporters.

Both sides mistrust each other deeply andthere are reasons that mistrust has built up,he added. I am convinced that we can breakthat down.

Kerrys foremost goal is to restart directIsraeli-Palestinian peace talks that have hard-ly taken place at all over the last 4 1/2 years.And, in a break from previous American-ledefforts, he also wants to focus on a modifiedversion of the 2002 Arab Peace Initiative.

The initiative was revolutionary when SaudiArabia introduced it and the 22-member ArabLeague endorsed it. It offered Israel compre-

hensive recognition in exchange for with-drawal from the lands it conquered in the1967 Mideast war.

Although Israel never embraced the planand the Palestinians oppose any changes to it,the basic parameters seem to be gaining trac-tion as a framework for future talks betweenthe Israelis and Palestinians. Arab Leaguechief Nabil El-Araby and Qatars prime min-ister will lead a delegation to Washington thismonth to discuss the initiative with Kerry,Arab officials said.

Kerry, however, is seeking new conditionsto sweeten the deal for Israel, officials said.Arab and Palestinian officials say he has

talked about upgraded guarantees for Israelssecurity and allowances for border adjust-ments based on mutual agreement.

A senior State Department official wouldonly say Kerry wanted the plan enhanced.The American official spoke on condition ofanonymity because of Kerrys orders not tobrief reporters.

Earlier Monday, Kerry told U.S. consulatestaff in Jerusalem that he was coming so reg-ularly to the Mideast because he believedpeace could be reached. If we can get on atrack where people are working in good faithto address the bottom-line concerns, it is pos-sible to be able to make progress and make

peace, he said.Among the countless peace plans and con-

fidence-building strategies devised for Israeland the Palestinians over the years, the ArabLeagues initiative was one of the quickest tobe dismissed. It was overshadowed by fierceIsraeli-Palestinian fighting at the time andIsrael has never softened its objections to the

1967 lines, which it sees as indefensible.There is also a spiritual component. For

Israel, returning to its old borders would meana withdrawal from east Jerusalem, home tothe citys holiest Jewish, Muslim andChristian religious sites

Winning Netanyahus support will be diffi-cult. He sharply clashed with PresidentBarack Obama two years ago when theAmerican president publicly endorsed the1967 borders as the basis of a two-state solu-tion. While Netanyahu has described the Arabpeace initiative as a welcome sign of accept-ance, he has refused to accept its take-it-or-leave it conditions.

The Palestinians, too, dont want to makenew concessions. Theyve won a score ofdiplomatic victories over the last year, includ-ing recognition as a non-voting member state

of the United Nations and as full members ofother multilateral institutions, and feel inter-national support of their cause is growing.

The chief Palestinian negotiator, SaebErekat, said Kerry has been floating the Arabinitiative as a possible way out of the dead-lock but that it could not be changed. Kerryasked us to change a few words in the ArabPeace Initiative but we refused, he told theVoice of Palestine radio station on Sunday.

Abbas left Monday for talks on the plan atan Arab League meeting in Qatar. There, aspecial committee was holding an urgentmeeting on the subject, said MohammedSubeih, the Arab Leagues undersecretary forPalestinian affairs.

Kerry makes new, ambitious Mideast peace push

REUTERS

U.S.Secretary of State John Kerry,second right,and his wife Teresa leave after a wreath-laying

ceremony marking Israels annual day of Holocaust remembrance,at Yad Vashem in Jerusalem.

to report the illegal use or sale of guns. OnTuesday, the council will discuss a draft toestablish a permit system for new firearmdealers.

The new rules would require new busi-nesses that plan to sell firearms to: certify itmeets state requirements for selling guns; belocated at least 250 feet away from residen-tial districts, schools, day-care centers orparks and 1,200 feet from other firearms

dealers, card rooms, massage establishmentsand adult businesses; keep all firearmssecure with additional measures like alarms,security cameras, reinforced doors and win-dow and $1 million in liability insurance;work with police to set reasonable hours ofoperation; renew the permit annually; and ahearing should a permit be denied orrevoked, according to the staff report.

Currently two businesses in San Bruno sellguns and a third has permits to do so.

The council meets 7 p.m. Tuesday, April 9at the Senior Center, 1555 Crystal Springs

Road.

Continued from page 1

RULES

7/28/2019 04-09-2013 Edition

9/28

OPINION 9Tuesday April 9, 2013THEDAILYJOURNAL

Letters to the editor

By Art Kiesel

The annual Foster City budget seasonis officially underway with the meet-ing and subsequent direction setting

that took place March 25.For the past several years, we have had an

unbalanced budget where expenses exceeded

income. Since the recession that started in2008, many municipalities including FosterCity have found themselves in a deficitspending situation. In 2009, the sitting CityCouncil decided on a policy direction ofachieving a balanced budget by the 2013-14fiscal year. That policy has been a work inprogress and proceeding as planned.However, we are currently working on thattargeted budget year and it is my expectationthat Foster City will have a balanced budgetfor the coming year.

Since 2009, we have been faced with someobstacles such as a prolonged recession thatsome believe we are still experiencing, thehousing market bust and the end to redevel-opment agencies (RDAs) to name a few, eachof which have a negative impact on revenues.Foster City has held its own through the

housing market crises with values goingdown much less than other nearby communi-ties and it appears that housing values inFoster City are on the rise. We have been for-tunate to have companies willing to invest inhousing in poor economic times that commit-ted affordable housing funds before the RDAdissolution.

It goes without saying that budgets arecomprised of revenue and expenses. Our suc-cesses from the revenue perspective haveincluded the passage of Measure P, anincrease in Transit Occupancy Tax that theFoster City voters approved in November of2011. We have already seen positive signs of

increased revenue as aresult. It needs to benoted that any taxincreases requires voterapproval as we witnessedin recent state-sponsoredProposition 30 this lastNovember.

On the expense side of

the budget, we have moreimmediate control. We have merged firedepartment administrative services with SanMateo in an effort to reduce expenses andthis action continues to show positive results.The Foster City-San Mateo arrangement isprogressing favorably. We have reduced headcount through attrition and job responsibilityreassignments. However, with the currentvolume of baby-boomers reaching retire-ment age, we have seen several departmentheads retire taking with them irreplaceableinstitutional knowledge.

Foster City has been a fiscally responsiblecity for many years due to responsible citycouncils. However, there are many new chal-lenges arising from external forces that wenow have to address and must employ out-of-the-box thinking and creativity. We have to

be even more diligent with the theme ofdoing more with less. Everywhere expensescontinue to increase faster than revenues andhave been doing so for some time.

The dissolution of redevelopment agencieshas taken nearly $13 million from our abilityto provide and assist with affordable housing.We now have to spend more time and moneyseeking out new funding methods andsources to provide state-mandated affordablehousing. The state instituted Realignmentin which prisoners under the responsibility ofthe state are being reassigned to countyresponsibility. With the modification of thethree-strikes law (Proposition 36) passed this

last November, prisoners are being releasedearlier resulting in more pressure being place

on local law enforcement for repeat offendersat a cost still too early to quantify.The federal government has been over-

spending for decades and is now looking at$1.1 trillion in cuts by 2021. This is impor-tant for us to watch because, with the statealready hurting financially, how much willthe federal cuts affect the state and howmany government employees will see layoffsor furloughs? Either of these federal actionsdoes not bode well for our regional and stateeconomy. We now have new terms to identifyfederal overspending such as Fiscal Cliffand Sequestration. Once the state assessesthe impact of the federal cuts have on statecoffers, financial responsibility for morethings will in all probability be pushed downto the counties and cities.

I remain convinced that we as local elected

officials must become more involved inregional and state issues and are all affectedby federal, state and county actions morethan ever before. Yet, the focus on broaderissues must not overshadow maintaining thequality of life issues we have experienced inFoster City. Foster City is and continues tobe one of the better places in which to liveand raise a family and it is hoped that thetrend will continue.

Art Kiesel is a member of the Foster City

Council. He can be reached at akiesel@foster-

city.org or by phone at 573-7359.

Chuck McDougaldand the party of opportunity

Editor,I, for one, sincerely appreciate Mr.

McDougalds clarification of the philosophi-cal differences that define Democrats andRepublicans (Party of opportunity guestperspective in the April 6-7 edition of theDaily Journal). Some of a more cynical stripethan myself may believe they recognize thetired, self-serving baloney expressed so manytimes in the past by those right wing icons,Ayn Rand and General Bullmoose.

Dividing the population into givers andtakers does seem to be the current mantra ofthe party that seems determined to selfimmolate. Chuck can boast of being thepartys local party chair, California Vets forU.S. Sen. John McCains failed attempts toseek nomination as a presidential candidateand Carly Fiorinas failed attempt to secure aseat in the Senate. He astutely recognizes the

attempts to reach out to those communitiesRepublicans have managed to alienate withtheir obvious distaste for anyone who isnt amale, white, heterosexual, Christian Englishspeaker.

I was a tad disappointed though that hefailed to mention the dominance in that crewof lunatics he calls a party by evangelicalsand the Tea Party. That was probably just anoversight. As an avowed member of the 47percent, I say with all sincerity Good luckChuck.

Mike Slavens

San Mateo

Tomorrows Republican PartyEditor,Various selective Republican values as

seen and set forth through ChuckMcDougalds rose-colored glasses illustrate

the need for new leadership in theRepublican Party (Party of opportunityguest perspective in the April 6-7 edition ofthe Daily Journal) if it plans to maintain anysemblance of hope and unity for this andfuture generations of all Americans youngand old, of all faiths and beliefs; includingthose with serious health conditions and forAmericans of all races, economic back-grounds, genders, nationalities, including themore and less fortunate.

Many of us are born American while manymore are Americans by choice. This oftenincludes a critical struggle to survive for

those in their new land.We (state, federal and local governments)

can do more to help all newcomers learn tobecome good and productive citizens.

Jerry Emanuel

San Carlos

Welcome to budget season Get out of dodge

Thank goodness a New Hampshireschool district took the extraordinarystep of banning dodgeball from the

list of acceptable pastimes. Now the kiddieshave more time to rack up kills in Call ofDuty and forgo the exercise that might keepthem off the obesity rolls.

As everybody knows, of course, the mostdirect path from angelic childhood to homici-dal disaster is not mental illness, access toweaponry, violent video games or movies,parental abuse, peer bullying or a litany ofother possibilities thrown on the post-tragedybandwagon. The true culprit is dodgeball.

In that spirit, the Windham School Boardvoted 4-1 to ban human target games forall students enrolled in kindergarten through12th grade. Thevote, which cameafter a middleschool parentcomplained hischild was bulliedduring a dodgeballgame, prohibitsdodgeball andnine other games.

The advocatessaid the move wasan attempt toremove violencefrom schools inthe aftermath of the horrific events at SandyHook Elementary School. How can theschool promote an anti-bullying campaignwhile simultaneously allowing physicallyaggressive activities that essentially separatethe wheat from the chaff? the school boardbasically asked.

No word yet on how often Adam Lanzawas among the first players struck during hisschool PE classes.

And no word yet on whats next for the no-no list. Kickball, baseball, softball, tetherball even the otherwise innocuous four squareall involve balls directed toward children.And basketball! That sport must brew noth-ing but a future crop of demons, what withits quick passes of the basketball what ifit smacks some poor kid in the face? anddeliberate attempts to keep the ball awayfrom the shorter and weaker. Shame on us!

Hide and seek is no good; teaches a preda-tory mindset as does every form of tag. Copsand robbers has pretty much kicked thebucket but lets also prohibit kick the can,too. You never know when the kids mightwant to go old school and god forbid theysneak around the human target game prohibi-tion by taking a cue from the past.

Once the physical games are out, makesure the students sitting down criss-cross-apple-sauce dont muddle their minds withthe wrong types of board games. The capital-ism of Monopoly will breed legions ofGordon Gekko-emulating corporate raiderswho will do anything for a buck, including

sell firearms without the proper backgroundchecks. Risk teaches children to strategizecombat and love beating their enemies which connect the dots is a straight shot tobecoming the next American Taliban or atleast wage a personal war on the nearestcampus.

Yes, Windham school officials are on tosomething. In fact, the loudest congressmem-bers and other elected leaders scramblingover themselves to condemn weapons oughtto switch gears and propose nationwide limi-tations on school activities. Maybe the armedsecurity guards and teachers proposed forcampus can also monitor that no under-ground dodgeball games spring up. Becauseif the districts and the nation legislates andprohibits every possible item and action thatmight promote violence, the fact it will still

exist must be attributed to something any-thing right?

To their credit, the Windham officials arelikely well-meaning in the effort to dodgefuture trouble. But in the court of publicopinion, theyre dropping the ball.

Michelle Durands column Off the Beat

runs every Tuesday and Thursday. She can be

reached by email:

[email protected] or by phone

(650) 344-5200 ext. 102. What do you think of

this column? Send a letter to the editor: let-

[email protected].

Guestperspective

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10/28

BUSINESS10 Tuesday April 9, 2013 THEDAILYJOURNAL

Dow 14,613.48 +0.33% 10-Yr Bond 1.732 +2.24%

Nasdaq 3,22.25 +0.57% Oil (per barrel) 93.44

S&P 500 1,563.07 +0.63% Gold 1,572.80

By Steve RothwellTHE ASSOCIATED PRESS

NEW YORK Investors are having ahard time making up their minds.

The stock market extended its longestperiod of indecision in nearly 15 years

Monday. For nearly three weeks, theDow Jones industrial average has alter-nated between gains and losses, thelongest such streak since July 1998.

The flip-flopping follows a decisivelystrong start to the year that drove boththe Dow and the Standard & Poors 500index to record highs. Since mid-March,however, signs of a slowdown in theU.S. and another meltdown in a troubledfringe economy in Europe, this timeCyprus, made investors more cautious.

Its almost as if this market is frus-trating both the bulls and the bears, saidRyan Detrick, a senior technical analystat Schaeffers Investment Research. Itstough to say buy the dips because thenwe go down, and were not going any-where.

Even on Monday, the market wasindecisive. The Dow fell as much as 67points in the morning, then turned high-er in the afternoon to end with a modestgain of nearly 50 points.

Investors are turning their focus toearnings reports from major U.S. com-panies, which began in earnest lateMonday when Alcoa, a major maker of

aluminum, turned in a mixed report. Itsearnings were ahead of expectations butits revenue missed. The stock fell 13cents in after-hours trading following therelease of its earnings report. It closedup 15 cents to $8.39 during regular trad-ing.

Later this week the pace of reportingpicks up when Bed Bath & Beyond,Wells Fargo and JPMorgan Chaseannounce their first-quarter perform-ance.

A big factor driving the Standard &Poors 500 up 9.6 percent this year hasbeen optimism over company profits.While the expectations for the first quar-ter are relatively modest, many investorsare expecting to see more of a pickup inearnings later in the year.

Earnings for companies in the S&P500 index are expected to rise just 0.7percent from the first quarter of last year,but that growth is expected to acceleratesharply to 13 percent in the final three-month period of the year, according todata from S&P Capital IQ.

On Monday the Dow Jones industrialaverage rose 48.23 points, or 0.3 per-cent, to close at 14,613.48. The S&P 500index closed up 9.79 points, or 0.6 per-cent, at 1,563.07.

J.C. Penney slumped 10 percent inafter-hours trading after the troubleddepartment store chain announced that itwas bringing back its old CEO, Mike

Ullman. CEO Ron Johnson is departingafter his turnaround strategy failed towin over shoppers, which includedslashing the number of sales.

Telecommunications stocks fell 0.5percent and health care stocks inched up

just 0.2 percent, lagging the rest of themarket. The two industry groups haveperformed well this year as investorssought out less risky stocks that paygood dividends. Health care companiesare up almost 16 percent, making themthe best performers in the S&P 500.

Lufkin Industries, an oilfield equip-ment maker, surged $24.03, or 38 per-cent, to $87.96 after General ElectricCo. agreed to buy the company for $3billion. GE wants to bolster its oil andgas operations. Its stock rose 19 cents, or0.8 percent, to $23.12.

Johnson & Johnson logged the biggestpercentage decline on the 30-memberDow Jones industrial average, dropping93 cents to $81.11. Analysts atJPMorgan cut their rating on the stock toneutral, saying it has risen too far, too

fast. Johnson & Johnson is up 16 percentthis year.Stocks fell Friday after the govern-

ment reported a slowdown in hiring thatwas far worse than economists hadexpected. The report capped a bad week:The S&P 500 logged its biggest weeklydecline of the year as signs emerged thatU.S. growth is starting to cool.

Stocks edge higher as earnings reports begin

Stocks that moved substantially or traded heavily Monday on the NewYork Stock Exchange and the Nasdaq Stock Market:NYSEPenn Virginia Corp.,down 29 cents at $3.81A Stifel Nicolaus analyst downgraded the oil and gas companys stock onits plans to buy assets from Magnum Hunter Resources.Skechers USA Inc.,up 92 cents at $21.51A Susquehanna Financial Group analyst raised some of the footwearcompanys earnings estimates citing its market share gains.NasdaqLufkin Industries Inc.,up $24.03 at $87.96General Electric Co.agreed to buy the oilfield equipment maker for $3.1billion.Rubicon Technology Inc.,up 86 cents at $7.31A Sterne Agee analyst upgraded the maker of sapphire crystal productsto a Buy,saying industry conditions may improve.Dot Hill Systems Corp.,up 16 cents at $1.50

The data storage company said its first-quarter loss will be smaller thanexpected and posted a strong second-quarter outlook.Obagi Medical Products Inc.,down $1.44 at $23.98German drugmaker Merz Pharma Group ended plans to buy thedermatology products maker after a rival raised its offer for Obagi.BioCryst Pharmaceuticals Inc.,up 22 cents at $1.92Shares of the flu treatment developer rose as concerns continue to growabout a new strain of bird flu emerging in ChinaAcelRx Pharmaceuticals Inc.,up 22 cents at $5.25A Jefferies & Co.analyst gave the drugmakers stock a Buyrating,sayingits pain treatment system may be approved.

Big movers

By Pauline JelinekTHE ASSOCIATED PRESS

WASHINGTON What business gets

more customers every year, yet keeps losingmoney?The U.S. Postal Service delivers mail to

11 million more homes, offices and otheraddresses than it did a decade ago, even asthe amount of mail that people in the UnitedStates receive has dropped sharply.

That combination may be financiallydicey, some analysts say.

The more delivery points they have toservice, the higher their costs in fuel, timespent, etc., says Rick Geddes, associate pro-fessor in Cornell Universitys department ofpolicy analysis and management.

But it doesnt mean their revenue goes up it doesnt necessarily mean people aremailing more stuff, he says.

Indeed, the volume of mail has decreased

steadily as people stay in touch with email,Facebook and other electronic servicesmore. Total mail volume handled by thefinancially shaky postal agency dropped to

160 billion pieces last year from its all-timehigh, 213.1 billion in 2006. Revenue fell to$65.2 billion last budget year from a high of$74.9 billion in 2008.

The cost of delivery is the agencys largestfixed expense. It takes tens of billions ofdollars a year and 300,000 people, or 60 per-cent of the agencys workforce, to handledeliveries, says Postal Service spokes-woman Sue Brennan.

The service isnt losing money on deliv-ery, but adding addresses while losing vol-ume is an issue, she says.

In 2007, we could deliver 10 or 15 piecesof mail to a house and we were making a lotof money just because the volume was sohigh, Brennan says.

Those times have ended, but the mail car-rier is still required to go to every address,six days a week, whether taking 15 piecesthere or one.

The number of new addresses had been

rising by roughly 2 million almost everyyear since 1989, but was cut in half to 1 mil-lion or less annually during the recessionand housing crisis this decade.

Postal Service loses money despite customer growth

REUTERS FILE PHOTO

A sign announces that the post office will remain in the Broadway-Fillmore neighborhood ofBuffalo,N.Y.

By Anne DInnocenzioand Candice ChoiTHE ASSOCIATED PRESS

NEW YORK J.C. Penneys board ofdirectors has ousted CEO Ron Johnson afteronly 16 months on the job as a risky turn-around strategy backfired and led to massivelosses and steep sales drops.

In a statement issued late Monday, the

department store chain said that it has rehiredJohnsons predecessor Mike Ullman, 66, whowas CEO of the department store chain forseven years until November 2011.

The announcement comes as a growing cho-rus of critics including a former Penney CEOAllen Questrom called for his resignation asthey lost faith in turnaround strategy.

Penney reported dismal fourth-quarterresults in late February that capped the firstfull year of a transformation plan wherePenney amassed nearly a billion dollars inlosses and its revenue tumbled almost 25 per-cent to $12.98 billion.

Under Johnson, 54, Penney embarked upona strategy that included ditching coupons and

most of its sales events infavor of everyday lowprices, bringing in hipperdesigner brands such asBetsy Johnson and remak-ing outdated stores byinstalling specialty shopsdevoted to brands like JoeFresh and Levis to replacerows of clothing racks.

Johnsons goal was toreinvent Penneys business into a hip place toshop in a bid to attract younger, wealthiershoppers. But since Johnson, who was themastermind behind Apples stores, rolled outhis plan, once loyal customers have strayedfrom the 1,100-store chain. It hasnt been ableto attract new shoppers to replace them.

In a vote of confidence, investors drovePenneys shares up 24 percent to $43 afterJohnson announced his vision in late January2012. But as Johnsons plans unraveled,Penneys stock lost more than 60 percent of itsvalue. Meanwhile, credit rating agenciesdowngraded the company deeper into junkstatus.

Bradway salary jumpsin first year as Amgens CEO

Amgen Inc.s new CEO, Robert A. Bradway,received total compensation of $13.6 million in2012, more than his predecessor, who steppeddown from the post in late May but retainedother duties, according to an Associated Pressanalysis of a company regulatory filing.

Bradway, who was promoted from chiefoperating officer to chief executive on May23, saw his compensation nearly double from$7.1 million in 2011.

Last year, Bradway, 50 years old, was paida salary of $1.26 million and received stockawards worth $8.57 million, incentive pay-ments of $3.32 million and miscellaneouscompensation totaling $420,059.

That included nearly $314,000 in retirementplan contributions, $65,000 for personal useof company aircraft, more than $20,000 forhis personal expenses and those of guests dur-ing business travel, and $15,000 for financialplanning services.

Amgen, the worlds biggest biotech compa-ny by revenue, reported the figures Monday ina proxy statement filed with the Securities andExchange Commission ahead of Amgensannual meeting on May 22.

Ericsson to buyMicrosofts TV software unit

NEW YORK Ericsson, the Swedish makerof telecommunications equipment, has agreedto buy Microsofts Mediaroom business, whichmakes the software that powers AT&Ts U-Verse TV service, the companies said Monday.

Neither company said how much Ericsson ispaying.

Mediaroom gives phone companies a way to

provide cable-like TV services over phonelines. Its used in 22 million set-top boxes in 11million households, Microsoft said. U-Verseaccounts for about 4.5 million of those homes.Its also used by Deutsche Telekom ofGermany and by Telus Communications ofCanada.

Microsoft Corp., which is based inRedmond, Wash., said its focusing itsresources on making its Xbox service a deliv-ery vehicle for entertainment to game consoles,phones, PCs and tablets.

Ericsson said the Mediaroom business com-plements its portfolio of TV products. The busi-ness employs more than 400 people and isbased in Mountain View.

JC Penney ousts CEO Ron Johnson Business briefs

Ron Johnson

7/28/2019 04-09-2013 Edition

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>> PAGE 12

Now that the 2012 season is officiallyover, the San Francisco Giants canstart getting back to normal and

concentrate on defending their World Seriestitle.

The Giants had to wait until they raisedtheir World Series champion banner, awardedBuster Posey his MVP and handed out cham-pionship rings before turning the page to theseason at hand. Hard tofault them if they were atless than their bestagainst the St. Louis

Cardinals, who dominat-ed the final two games ofthe three-game set.

The Giants have beennothing but distractedsince opening the season.First was all the hooplaabout opening against theDodgers and all the talkabout who will rule theNational League West.Then, they come home to face another teamthat will be in the NL playoffs in theCardinals. Add in all the pomp and circum-stance surrounding this past weekend, and Iwouldnt be surprised if they werent fullyfocused on baseball.

So dont get too worried about the Giantslack of offense right now. Dont worry that

Marco Scutaro is batting under the MendozaLine or if Pablo Sandoval is too big. All thatwill work itself out over the next six months.The season is six games old. The Giants haveyet to truly get into their routine and, once

Giants can

now focuson baseball

Special homeopener for ex-CSM superstar

See LOUNGE, Page 14

By Terry BernalDAILY JOURNAL CORRESPONDENT

Daniel Navas first big-league home runwill live in infamy, not just among Bay Areabaseball fans, but through the ages of majorleague history.

On June 12, 2010, Nava dawned the RedSox uniform for his major league debut atFenway Park, and with then-Boston short-stop Marco Scutaro standing on deck wentdeep on the first pitch he ever saw in the bigsfor a historic grand slam. It was just the sec-ond time in history a player has hit a glandslam on the first pitch of his career. And itcame on the Fox Saturday Baseball Game ofthe Week, no less.

For a baseball player, it was the stuff of

fairy tales.But that was three years ago. Since that

time, Nava has toiled between the majors andminors, spending the entirety of the 2011 sea-son at Triple-A Pawtucket before bouncingbetween there and Boston in 2012.

This year, however, Nava at long last real-ized another baseball dream, as the formerCollege of San Mateo and Santa ClaraUniversity star made Bostons opening-dayroster for the first time in his career. AndMonday, he hit another monumental homerun, taking Orioles left-hander Wei-Yin Chenover the Green Monster for a three-run blast.

See NAVA, Page 14

By Paul NewberryTHE ASSOCIATED PRESS

ATLANTA Rick Pitino capped the great-est week of his life with the prize he wantedmost of all.

Luke Hancock produced another huge gameoff the bench, scoring 22 points, and Pitinobecame the first coach to win national titles attwo schools when relentless Louisville ralliedfrom another 12-point deficit to beat Michigan82-76 in the NCAA championship gameMonday night.

This title came on the same day Pitino wasannounced as a member of the latest Hall of

Fame class, a couple of days after his horsewon a big race on the way to the KentuckyDerby, and a few more days after his son gotthe head coaching job at Minnesota.

This was the best feeling of all. TheCardinals (35-5) lived up to their billing as the

See NCAA, Page 13

7/28/2019 04-09-2013 Edition

12/28

By Julio Lara

DAILY JOURNAL STAFF

WIth a team ranked in the top 40

nationally by Maxpreps.com, youbetter believe that not just anyonecan put on a uniform and start forthe Carlmont High School softballteam.

Power, speed and talent to spare the Scots truly have it all.

So when you look down at the 15-2 mark (including a 4-0 record inPeninsula Athletic League BayDivision play), take a gander at theungodly statistics it might comeas a surprise to see a freshman at thetop of several offensive statistics.

But rest assured, Jacy Phipps con-tributions at the dish are no mistake and with 17 games under herbelt, they arent a fluke either.

Shes a good player, said

Carlmont head coach Jim Liggett.She impressed us early on and wedecided to give her a shot on the var-sity. Shes exceeded all of ourexpectations.

Phipps was handed the outfieldduties on a serious Central CoastSection championship contenderand instead of crumbling under thepressure of having a competitive andtalented bunch of veteran outfielderschamping at the bit for some playingtime, the freshman has thrived.Phipps is hitting .405 with a .468on-base percentage and is slugging.548.

On top of that, despite facing var-sity level pitching, the youngster hasonly struck out three times.

Last week in four games, Phippswas white-hot. She went 7-for-12from the dish with 10 runs batted in she also scored a pair of runs.

For her efforts, Phipps is the SanMateo Daily Journal Athlete of the

Week.She works extremely hard,

Liggett said. She listens to whatyou have to tell her. She works onher flaws. But, she just has a naturaltalent when it comes to hitting theball. Were really excited for her

future.When you have a week like

Phipps had, you cant help but beexcited.

She began her .583 tear with a 2-for-2 day at Sequoia that included adouble and triple, good for fiveRBIs. From there, Phipps did not letup. Once again against theCherokees, she collected anotherpair of hits in four at-bats and addedanother RBI.

Then, at the Mission College tour-nament on Saturday, Phipps went 4-for-6 at the plate with four runs bat-ted in. She was also named to thetournament First team.

With Phipps tearing it up, its nocoincidence the Scots went 4-0 in

that stretch, out-scoring the opposi-tion 32-3. And more impressively,the young Scot continues to thrivewith all the competitive pressurethat comes from within Carlmontsown team.

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SHP record-setters moving onBy Julio Lara

DAILY JOURNAL STAFF

The names Nico Robinson andCameron Van are held in legendarystatus at Sacred Heart Prep whentalking track and field.

And now, their superb efforts both

on the track and in the classroomhave been rewarded with respectiveopportunities to compete at the nextlevel after graduation this May.

Robinson was recognized as theMost Valuable Track and FieldAthlete in the West Bay AthleticLeague last season.

His school record time of 14.91 inthe 110 meter high hurdles is cur-rently the best in the Central CoastSection this year. He also owns theSHP school record in the 330 inter-mediate hurdles (39.69, third best inthe CCS this season) as well as theschool record in the long jump (22-8). Robinson announced he will beattending Dartmouth University

next fall where its reported that theBig Green hope to leverage hissprint and jump skills as a top tierdecathlete.

Last year, Van was the lone Gator(and only one of two WBAL malerepresentatives) to make it to theCCS track and field finals where hefinished among the top eight com-petitors in the high jump.

This year he is again rankedamong the top high jumpers in theCCS with a season best jump of 6-2.He is a two-time all WBAL selec-tion and owns SHP school recordsin the high jump (6-3) as well as thetriple jump (42-8). Van announcedthat next fall he will attendClaremont-McKenna College where

hell participate in both events forthe Stags.

We couldnt be more excited forboth Nico and Cam as they continuetheir outstanding track and fieldcareers, said SHP Athletic Director

Frank Rodriguez. The combinationof academic diligence, extraordi-nary athleticism and the constantdesire to improve has really paid offfor the both of these terrific youngmen.

ELSEWHEREThe Peninsula Athletic League

Ocean Division got a glimpse at thefuture last week in Woodside fresh-man pitcher Jamie Kruger.

And the future is a bit scary forthe Ocean.

Kruger pitched 6 1/3 innings ofhitless baseball against SequoiaHigh School before surrendering asingle and having to settle for a 1-hitter in a win for the Wildcats.Kruger walked four and struck outsix while allowing an unearned run.

The Cherokees bounced backnicely after Krugers masterpiece.They beat the Wildcats 11-2, takingadvantage of four errors and pound-ing out nine hits.

Zane Gelphman had a 3-for-3 atthe plate. But the real hero wasprobably pitcher Spencer Smith,who threw 6 2/3 innings of four-hit,shutout relief after Woodside put upa two-spot in the first inning.

Elsewhere on the baseball dia-mond, at the Cupertino Lion Clubtournament, Menlo picked up its10th win after Sam Crowder deliv-ered a two-out, two-strike single toright field that scored the tying andwinning runs to cap off a miraculous

comeback. The Knights were down6-0 at one point. The hit wasCrowders third of the game. AustinMarcus had a pair of knocks alongwith Adam Greenstein.

It was also a good week for the

Knights Will King, who had a pairof extra base hits in a 9-7 loss toOGorman High School and ChrisAtkeson, who gave the Knights fivesolid innings against the very pow-erful Grandview High School lineupat the Bishop Gorman DesertClassic in Las Vegas.

In boys lacrosse and in a loss toArizona state champion BrophyPrep at the Lankenhammer tourna-ment, SHP got a three-point dayfrom Noah Kawasaki and FrakieHattler.

Hattlers performance againstBrophy came shortly after a four-goal, four-assist effort against MarinCatholic.

And finally, at the fourth annualCalifornia Catholic Invitational fea-turing some of the best swimming

program in the state, SHP represent-ed well on the girls side.

Ally Howe set an invitationalrecord with a 55.75 in the 100 meterbutterfly. She was also a part of the200 medley relay team that took firstplace. SHPs 400 freestyle relayteam also took first.

On the boys side, SHP finishedsecond and Serra took third.

It was a record-setting day forSerras Joe Kmak in the 100 meterbreaststroke (58.81). Kmak was alsoa part of the 200 meter medley relayteam that took first place.

Speaking of that tea

Documents

04-09-2013 Edition