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    www.smdailyjournal.com

    Leading local news coverage on the Peninsula

    Monday May 27,2013 Vol XII,Edition 242

    LOCAL SPORTSSPORTS PAGE 11

    ONE DEAD, 10 INJUREDIN PARTY BUS CRASH

    LOCAL PAGE 5

    Never forgetthe fallen SERRA, MENLO BOYS BASEBALL PLUS

    HMB SOFTBALLALL FALL

    Stubborn Fat?

    Dr. Bruce Maltz, M.D.

    Dr. Carie Chui, M.D.

    ALLURA SKIN & LASER CENTER

    280 Baldwin Ave. Downtown San Mateo

    (650)344-1121

    Family Owned & Operated

    Established: 1949

    MEMORIAL DAY

    By Michelle DurandDAILY JOURNAL STAFF

    The possibility of a large-scalefitness center at the gateway ofSan Carlos moved one step closerto reality with the PlanningCommissions recommendationthat zoning restrictions in the area

    not be tightened.However, the suggestion must

    still pass muster with members ofthe City Council who arent com-

    pletely sold on the idea becausethe area has long been set aside fora hotel that has yet to materialize.

    The fight over land known aslandmark properties particular-ly the three parcels a developerwants for a gym complex at HollyStreet and Industrial Road but thathave long been earmarked for a

    yet-to-arrive hotel pits person-al property rights over the citysdesire for revenue-generatingbusiness. Both the Planning

    Commission and the City Councilhave also been posed with thesame question: does any hoteleven want to build on the particu-lar land in San Carlos?

    The City Council in June willconsider the PlanningCommission recommendation toleave the industrial area alone

    instead of creating a new zoningdistrict. The council previouslyopted on a 3-2 vote not to extendan urgency ordinance halting new

    business in the area until staffcould work out a more permanentsolution, but that doesnt neces-sarily portend what it will do now.

    If the current zoning is upheld,the property owners do not needextra city review for permitteduses such as a recreation facilitygreater than 5,000 square feet.

    The denied proposal calls for anew zoning district called land-mark commercial along theHighway 101 gateway. The new

    zoning would indicate preferreduses for landmark sites like large-scale office complexes and hotels.The zoning would also call forregional retail and destination-oriented uses again office andhotels along with ancillaryuses like eating, drinking andentertainment. All other uses

    would require a use permit, beallowed only on an interim basis

    Hotel quest leaves city in stirFitness center in works,but San Carlos council weighs desire for large revenue producer

    See HOTEL, Page 28

    Solitaryfor juviesobjectedBy Bill SilverfarbDAILY JOURNAL STAFF

    The state Senate will consider a bill thisweek to limit the use of solitary confine-ment at juvenile correctional facilities apractice already banned in Connecticut,Arizona, Maine, Oklahoma, West Virginiaand Alaska.

    Senate Bill 61, authored by state Sen.Leland Yee, D-San Francisco/San Mateo,cleared the Senate AppropriationsCommittee Thursday.

    The legislation states that solitary con-finement shall only be used when a minorposes an immediate and substantial risk ofharm to others or the security of the facilityand all other less restrictive options have

    Uncaptainedrental boatsfor lagoon?By Bill SilverfarbDAILY JOURNAL STAFF

    The Elegant Lagoon Cruise experience inFoster City has ended as its concession con-tract with the city expired at the end of theyear but a new proposal the city is enter-

    taining will allow uncaptained electricboat rentals, if it meets approval first withthe Parks and Recreation Committee.

    See YEE, Page 20

    See BOATS, Page 20

    By Sally SchillingDAILY JOURNAL CORRESPONDENT

    Last week, Capt. Patrick Constantino,26, and his Army company within theSecond Stryker Brigade, Second InfantryDivision decided to create something toremember the soldiers in their companywho paid the ultimate price for their service.

    There was no [physical] memorial forthese people, said

    Constantino, who grew up in Burlingame.It was just the right thing to do for theseguys. Theyre fathers and sons.

    Const antino s company made a memorial

    of commemorativeplaques and pictures fortheir soldiers who werekilled or wounded inaction during the compa-nys last two deploy-ments, from 2009 to2010 and 2012 to 2013.

    It is displayed on awall in a conferenceroom at the companys

    base of Fort Lewis nearTacoma, Wash.

    On Thursday, a few former members of thecompany flew out for a ceremony for the

    memorial. Someone read a letter written bya former sergeant from the 2009-2010deployment, in which five soldiers werekilled.

    It wasnt a big pomp and circumstanceceremony, said Constantino. It was veryemotional and familiar. It was meaningful.

    For the families of these five fallen sol-diers and the several wounded, the memorialmay serve as a destination to visit toremember the sacrifices and contributions of

    loved ones. For Constantino, who is alwaysmeeting in the conference room, Every

    Everyday memorialArmy captain reflects on service,leadership and the fallen

    Capt.Constantino,center,with fellow leaders of the Attack Company, Second Infantry Division, Second Stryker Brigade Combat Team in

    southern Afghanistan.

    Patrick

    Constantino

    See FALLEN, Page 20

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    Fame part of family businessfor Will,Jaden Smith

    TRUTH OR CONSEQUENCES, N.M. Will Smith has a new outlook onteenagers: Parents do indeed under-stand.

    The rapper-turned-actor says hesgrown a lot since writing theGrammy-winning 1988 hit thathumorously declared they didnt.

    All three of his children now at leastdabble in music and acting, most

    notably 14-year-old Jaden, who starswith his father in the new sci-fi filmAfter Earth, opening Friday. Even inthe midst of a globe-hopping promo-tional tour for the movie, Smith rec-ognizes the downside to making star-dom a family affair.

    I think that the major risk of thisparticular business is strictly emotion-al, he said in a recent interview. Thebusiness has almost a narcotic quality.So its almost as if youre introducing anarcotic into your kids life.

    So for (wife) Jada (Pinkett Smith)and I, the most important thing is thatthey have to stay focused and groundedon the fact that they are giving. Youdont make movies for your ego. Youmake movies to transfer information,

    to bring joy, to add value to the world.At an After Earth promotional

    event at the under-construction VirginGalactic spaceport in the New Mexicodesert, Smith does everything he canto playfully poke at his sons ego.

    When Jaden loudly drops a water bot-tle during a TV interview, hes quicklyreprimanded: Youre kidding, right?Youre kidding. Thats the most unpro-fessional thing Ive seen you do.

    Smith reaches over to shield hissons face from bright camera lights,taunting the teen as a super megamovie star, towering over you like ashadow over you. And youre living inhis shadow. And youve got to dointerviews in his shadow.

    Jaden, obviously accustomed to theteasing, responds with calm confi-dence and some of dads hammyhumor, saying he lives naturally inthe spotlight.

    You have to try to put your shadow

    on me, said Jaden, who rode hisskateboard through a hall betweeninterviews. But eventually your armgets tired and it falls away and you letme go back to my natural state.

    His father nods in mock sincerity.

    Oh thats deep . You are a deep being,he says.

    Their film is set in a future wherenature has turned on humans and sur-vivors were forced to start a new civi-lization on another planet. Jadenplays a trainee trying to follow in thefootsteps of his father, a famous mili-tary leader played by Smith. When thetwo crash-land on an inhospitableEarth, Jadens character must provehis own abilities to survive, and savehis father in the process.

    It is very allegorical in a way,right? said screenwriter Gary Whi tta,who developed the story with Smithand co-wrote the film with director M.Night Shyamalan. Jaden Im surelooks up to Will and is like Wow, mydad is like the biggest movie star inthe world. How can I ever live up tothat? But hes trying.

    Smith, 44, and Jaden first co-starredtogether in 2006s The Pursuit ofHappyness. Smith produced his sonshit 2010 remake of The Karate Kidwith Jackie Chan, which made over$350 million worldwide.

    Smith said he wants his family to besuccessful in the entertainment industryacross generations, and has searchedHollywood history for models.

    Ive looked for a lot of years. TheBarrymores got really close to what Isee in my head for my family, Smithsaid, referring to the clan of theatreand film actors famed in the 1930s andnow represented by Drew Barrymore.

    FOR THE RECORD2 Monday May 27,2013 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]

    smdailyjournal.com scribd.com/smdailyjournaltwitter.com/smdailyjournal facebook.com/smdailyjournal

    Phone:. . . . . . . . . . . . . . . . . . . . . (650) 344-5200 Fax: (650) 344-5290To Advertise: . . . . . . . . . . . . . . . . . . . . . . . . [email protected]: . . . . . . . . . . . . . . . . . . . . . . . . . [email protected]:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . [email protected]: . . . . . . . . . . . . . . . . . . . . . . [email protected]: . . . . . . . . . . . . . . . . . . . . . . . . . . . . [email protected]

    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].

    Singer SiouxsieSioux is 56.

    This Day in History

    Thought for the Day

    1933

    The Chicago Worlds Fair, celebratingA Century of Progress, officiallyopened. Walt Disneys Academy

    Award-winning animated short TheThree Little Pigs was first released.

    Every new opinion,at its starting,isprecisely in a minority of one.

    Thomas Carlyle, Scottish critic and historian (1795-1881).

    Actor LouisGossett Jr.is 77

    Actor EthanDampf is 19.

    Birthdays

    PHOTO COURTESY OF JACKIE SPEIERS OFFICE

    U.S.Rep.Jackie Speier helps a local Cub Scout plant a flag for a fallen veteran at the Golden Gate National Cemetery in SanBruno Saturday as part of annual Memorial Day ceremonies.

    Memorial Day: Mostly cloudy. As lightchance of rain in the morning...Then achance of rain in the afternoon. Highsaround 60. Southwest winds 5 to 10 mph.Monday night: Mostly cloudy. Achance of showers. Lows around 50.South winds 5 to 10 mph.Tuesday: Mostly cloudy. Aslight chanceof showers in the morning. Highs in the upper 50s. Southwinds 5 to 10 mph... Becoming west in the afternoon.

    Chance of showers 20 percent.Tuesday night: Partly cloudy in the evening then becom-ing mostly cloudy. Lows in the upper 40s. West winds 5 to15 mph.Wednesday: Mostly cloudy. A slight chance of showers.Highs in the upper 50s.

    Local Weather Forecast

    (Answers tomorrow)

    AWAKE HURRY DEPICT OUTINGSaturdays

    Jumbles:Answer: When all the cartoonists gathered for the week-

    end, they were DRAWN TOGETHER

    Now arrange the circled lettersto form the surprise answer, assuggested by the above cartoon.

    THAT SCRAMBLED WORD GAMEby David L. Hoyt and Jeff Knurek

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

    GREVE

    BIORN

    TREERV

    BACFIR

    2013 Tribune Media Services, Inc.All Rights Reserved.

    Jumblepuzzlemagazinesavailableatpennydellpuzzles.com/jumblemags

    A:

    On this date:In 1861, Chief Justice Roger Taney, sitting as a federal cir-cuit court judge in Baltimore, ruled that President AbrahamLincoln lacked the authority to suspend the writ of habeascorpus (Lincoln disregarded the ruling).In 1896, 255 people were killed when a tornado struck St.Louis, Mo., and East St. Louis, Ill.In 1929, Charles A. Lindbergh Jr. married Anne Morrow inEnglewood, N.J.In 1935, the Supreme Court struck down the NationalIndustrial Recovery Act.In 1936, the Cunard liner RMS Queen Mary left England onits maiden voyage to New York.In 1937, the newly completed Golden Gate Bridge con-necting San Francisco and Marin County, was opened topedestrians (vehicles began crossing the next day).

    In 1941, the British Royal Navy sank the German battle-ship Bismarck off France, with a loss of some 2,000 lives,three days after the Bismarck sank the HMS Hood.In 1942, Navy Cook 3rd Class Doris Dorie Millerbecame the first African-American to receive the Navy Crossfor his extraordinary courage and disregard for his own per-sonal safety during Japans attack on Pearl Harbor.In 1962, a dump fire in Centralia, Pa., ignited a blaze inunderground coal deposits that continues to burn this day.In 1964, independent Indias first prime minister,Jawaharlal Nehru, died.In 1985, in Beijing, representatives of Britain and Chinaexchanged instruments of ratification for an accord return-ing Hong Kong to Chinese control in 1997.Ten yea rs ago: Two Iraqis shot and killed two Americansoldiers in Fallujah (fuh-LOO-juh), a hotbed of support forSaddam Hussein.

    Pulitzer Prize-winning novelist Herman Wouk (wohk) is 98.Former Secretary of State Henry Kissinger is 90. Actress LeeMeriwether is 78. Musician Ramsey Lewis is 78. Countrysinger Don Williams is 74. Singer Bruce Cockburn (KOH-burn) is 68. Actor Richard Schiff is 58. Rock singer-musician

    Neil Finn (The Finn Brothers) is 55. Actress Cathy Silvers is52. Comedian Adam Carolla is 49. Actor Todd Bridges is 48.Actor Dondre Whitfield is 44. Actor Paul Bettany is 42. Rocksinger-musician Brian Desveaux (Nine Days) is 42. RapperAndre 3000 (Outkast) is 38. Rapper Jadakiss is 38. TV chefJamie Oliver is 38. Actor-singer Chris Colfer is 23.

    In other news ...

    Jaden and Will Smith

    Lotto

    The Daily Derby race winners are Money Bags,

    No.11,in first place;Eureka,No.7,in second place;

    and California Classic,No. 5, in third place.The

    race time was clocked at 1:46.53.

    4 6 9

    4 5 16 18 53 28

    Meganumber

    May 24 Mega Millions

    2 6 19 21 27 25

    Powerball

    May 25 Powerball

    4 5 9 1 8 27

    Fantasy Five

    Daily three midday

    60 0 8

    Daily Four

    6 8 9Daily three evening

    2 11 12 25 3 2 26

    Meganumber

    May 25 Super Lotto Plus

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    In 1835, there was one family in YerbaBuena (San Francisco) theRichardsons. After 10 years, the popu-

    lation had increased to about 250 and theseconsisted mainly of men who were con-cerned with the selling and buying of tallowand cow hides. California was to be ceded tothe United States in January 1848 and, twoyears later, California held its first conven-tion in San Jose. On Sept. 9, 1850,California was admitted as the 31st state tothe Union as a free state.

    On July 31, 1846, Samuel Brannan, alongwith 244 Mormons, landed at Yerba Buenaand the population immediately shot up toalmost 500 residents. In August 1847, therewere approximately 41 places of business.

    In January 1848, the first gold nuggets werefound at Sutters Creek. In mid-May 1848,Brannan strode down Montgomery Streetwith a vial of gold in his hand and shoutingGOLD, GOLD, GOLD to everyone around.This is when the world began to believe inthe gold strike.

    Portsmouth Square was developed in 1839with the Custom House the prominent build-ing. Later to the south, the jail with the firstschool in California was built south of it(These buildings were all destroyed in the1851 fire).

    The first merchant to have a semi-perma-nent building, made of adobe, at the cornerof Clay and Kearny streets, was owned byWilliam Leidesdorff. When he retired, hesold i t to Voiget who used it as a grocerystore as well as a hotel.

    After gold was discovered in January

    1948, the California people eventuallybegan to believe that it was real and virtual-ly everybody who was able-bodied took off

    for Sacramento. San Francisco became aghost town in the summertime. Winterswere extreme in the gold country and themen young, virile, adventurous men withvery few women available in the area returned to the only real town in NorthernCalifornia, San Francisco, to wait out theweather. President Polks final address toCongress announced that there was a goldstrike in California and the rush was on.This is when San Francisco developed thereputation of a wild-western hell-town.

    The facilities for the sudden rise of popu-lation were not sustainable and the mer-chants and gamblers immediately tookadvantage of the situation. Gamblers at firstput up a tent and went into business. Thenights were cold and windy and during theday the winds from the west generated

    clouds of dust that covered everything in the

    vicinity. In the first three years of the GoldRush, more than 200,000 men, women anda few children went to California (where less

    than 500 people were in 1845) one of thegreatest peaceful migrations in history.

    It was a perpetual carnival. Constructionwas occurring everywhere, tents by thethousands rose overnight, merchandise wasstacked everywhere and sold off of thestreets, gambling was the greatest pastimewith liquor sales reinforcing it. Only 50 or60 ships were put into port in a year before1845, but that many docked in a week now.

    3Monday May 27,2013THEDAILYJOURNAL LOCAL

    Police reports

    Dream catcherA patient of a care facility reported anunwanted man in his room who was hav-ing a dream there on the 200 block ofMyrtle Road in Burlingame before 1:15a.m. Wednesday, May 22.

    BELMONT

    Suspicious circumstances. Aman used aladder to climb to the top of a home onPonce Avenue before 3:48 p.m. Tuesday,May 21.Suspicious person. A man was actinginappropriately on Biddulph Way before7:30 a.m. Tuesday, May 21.Suspicious circumstances. A man wasseen walking a child off trail at a dead end atthe intersection of Village Drive andGeraldine Way before 8:09 p.m. Monday,May 20.Suspicious person. A drunk man wearingall red was last seen on Carlmont Drivebefore 5:03 p.m. Monday, May 20.Vandalism. A vehicle was vandalized onIsland Park before 12:07 p.m. Monday, May20.Burglary vehicle. Someone reported their

    vehicles window was smashed on CarlmontAvenue before 7:40 a.m. Monday, May 20.

    FOSTER CITYSuspicious person. A woman was seengoing through a drive-through restaurantwith a baby on her lap on Triton Drivebefore 5:20 p. m. Tuesday, May 21.Disturbance. A man fell off the roof of hisgirl friends car after she drove off onCatamaran before 11:07 a.m. Tuesday, May21.

    Gambling houses, hustlers and hookers

    PHOTO COURTESY OF THE SAN MATEO COUNTY HISTORY MUSEUM

    The Parker House in San Francisco was the best,most extravagant and expensive gamblinghouse in the 1850s.

    See HISTORY, Page 18

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    4 Monday May 27,2013 THEDAILYJOURNAL

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    By Heather MurtaghDAILY JOURNAL STAFF

    Hannah Ingersoll didnt have youngersiblings so, when it came to play teacher,she took advantage of all opportunities.

    Ingersoll got school supplies from par-ents to help with her lessons. When hang-ing out with her grandmother, Ingersolltook her dolls on class field trips to getice cream a break from learning theABCs. In second grade, Ingersoll got seri-ous when she was given an overhead projec-tor and would share her lessons, completewith textbooks, with the neighborhoodchildren. While at El Crystal ElementarySchool, Ingersoll took to helping youngerkids with science experiments.

    With a love of teaching and leadership,its no surprise that Ingersoll took to poli-tics and leadership. And, after graduatingfrom Capuchino High School, the schoolpresident hopes to use her education toboost education programs in Third Worldcountries.

    As a leader, Hannah is more than organ-ized and hardworking. She is innovative andcreative-minded. She is willing to take riskswith her ideas and is not discouraged by thepossibility of failure. Hannah has visionand will go to any length to materialize herideas. Hannah is a personable, motivated,intelligent young woman who will achievegreat success in college. As a student, shehas proven to be inquisitive and dedicated.As a leader, she has demonstrated persever-ance and passion. She is a truly remarkable,all-around person, said Assistant PrincipalMargarita Navarro.

    Before taking charge at school, Ingersollfound an interest in sports. She played soft-ball competitively as a youth through mid-dle school. Then, once at Capuchino,Ingersoll switched sports. She wanted tobecome a lifeguard and now has worked

    as one in the summer in the same San Bruno

    pool Ingersoll liked to visit as a child.Ingersoll became a three-sport athlete.

    Freshman year was softball and the danceteam but sophomore year she switched tocross country, swimming and soccer. Shestuck with the three sports, becoming cap-tain senior year in both soccer and crosscountry, and helped bring back the danceteam senior year. Technically, Ingersolltook a break playing soccer junior year, dueto a knee injury.

    The injury came at an ideal moment forIngersoll who had applied to an internshipin the office of U.S. Rep. Jackie Speier, D-San Mateo. Ingersoll wasnt a newcomer topolitics. She had gotten involved at schoolattending the class freshman year then tak-

    ing her first elected seat sophomore year. AtSpeiers office, Ingersoll got to interactwith constituents. And, the contact led herto two more internships one withCalifornians Against Slavery and a paidsummer internship again with Speier.

    Learning about slavery as well as issuesin other countries became an interest of

    Ingersoll freshman year when she joinedCaps Invisible Children club. The groupwaned the following year when the leadteacher left to teach at another high school.During junior year, Ingersoll revamped theclub with a different name and a more globalview on human trafficking and slavery.

    Being a super busy teen taught Ingersollhow to really manage her time. But, it wasalso a goal of hers to show other studentsthat they can do multiple things like be aleader and still have fun with friends onSaturday night. As she looks back on hertime as a leader at Cap, Ingersoll is proud ofthe new spirit traditions shes helped shapeat her school.

    Capuchino High Schools graduation willbe held at 6 p.m. May, 31 at school, 1501

    Magnolia Drive, San Bruno. Tickets arerequired.

    Great Grads is in its eighth year profilingone graduating senior from each of our localschools. Schools have the option to partic-ipate. Those that choose to participate areasked to nominate one student who deservesrecognition.

    [email protected]

    (650) 344-5200 ext. 105

    5Monday May 27,2013THEDAILYJOURNAL LOCAL

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    4BO.BUFPBy 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

    Leading through example

    Age:17City:San BrunoCollege: University ofCalifornia at San DiegoMajor: Political sci-ence-internationalrelationsFavorite subject inhigh school: History

    Biggest life lesson learned thus far:Everything happens for a reason and life al-ways goes on.

    Hannah Ingersoll

    Party bus incrash; 1 dead,10 injuredTHE ASSOCIATED PRESS

    A36 -year-old woman is dead, her husbandhospitalized in critical condition and nineother people were hospitalized after a crashearly Sunday on Highway 101 inBurlingame involving a car driven by aman police say had been drinking and aparty bus.

    In the 2 a.m. crash, a Honda coupe drivenby 43-ye ar-old Raul Padilla appears to haveslammed into the center divider of Highway101, then came to a stop facing oncomingtraffic, California Highway Patrol OfficerArt Montiel said.

    After the Honda stopped, the front end ofa party bus, with 18 people on board, hitthe disabled car. Two other cars were alsoinvolved in the collision.

    Were still trying to figure out who cameinto contact with what, Montiel said.

    The woman killed in the crash was a pas-senger in the Honda and was married to thedriver. Her name has not been released whileofficials try to contact other family mem-bers.

    Padilla was hospitalized in critical condi-tion. He was wearing his seatbelt, but hiswife was not, according to the CHP.

    Padilla and his wife had consumed alco-hol before the crash, but toxicology testswould have to be conducted to determine ifPadilla had been driving under the influenceof alcohol at the time of the crash, Montielsaid.

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    6 Monday May 27,2013 THEDAILYJOURNALLOCAL

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    By Heather MurtaghDAILY JOURNAL STAFF

    Before composting was cool, MarybethLybrand was following her mothers leadand doing so on their family ranch inVisalia.

    Lybrands family didnt farm for their

    main source of income. But her motherenjoyed many aspects of having a smallfarm with animals and a garden. WhileLybrand didnt necessarily understand thetechniques being used on the family ranch atthe time like composting she is nowworking to help others understand sustain-able food practices. Lybrand recently joinedthe Peninsula Jewish Community Centerteam as the garden manager for its JusticeGarden, or Gan Tzedek in Hebrew.

    In this new position, Lybrand will over-see the planning and designing of the gar-den as well as help community volunteersgrow food organically and sustainably.Food generated from the garden, which wasonly planted in April, will be donated to

    InnVision Shelter Network, a nonprofitorganization dedicated to ending homeless-ness in the area.

    People tend to think of San MateoCounty as an affluent region, but the truth isthat an estimated one in four individuals isat risk for hunger. We may not be able tofeed the nation, but we can feed our neigh-bors, PJCC Director of ProgramsStephanie Levin said. Were thrilled tohave an educator of Marybeths caliber tofacilitate this project.

    As a result of how she grew up, 47-year-

    old Lybrand has always enjoyed having akitchen garden. She didnt originally thinkof horticulture or food justice as a careerpath though.

    Lybrand holds multiple degrees includinga bachelors in communication studies and amasters in literacy and language arts. Shestarted her career teaching, specifically as aresource teacher working with middle

    school students. Lybrand moved toMinnesota when her daughter, Cate, was 3.It was a chance for a change and to be clos-er to family since Lybrand had a brotherwho lived nearby. She became a tenured pro-fessor at Centure College in Minnesota.

    It was through a mutual friend thatLybrand met her husband Steven. The pair

    was married seven years ago. For sometime, they were working in different cities her in St. Paul and him in New York .When Steven got a job offer in California in2007, they took the opportunity as a way tomake a positive change together. After themove, Lybrand started to reevaluate whatshe wanted to do. It was then that her focuschanged to food, farming and nutrition.

    Lybrand enrolled at DominicanUniversity in San Rafael where she studiedsustainable practices with an emphasis insustainable farming and food systems.Then, Lybrand got hands-on experiencethrough an apprenticeship at Delphi

    Growing education opportunities

    A weekly look at the people who

    shape our community

    Marybeth Lybrand

    See LYBRAND,Page 18

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    NATION/STATE 7Monday May 27,2013THEDAILYJOURNAL

    By Nedra PicklerTHE ASSOCIATED PRESS

    MOORE, Okla. PresidentBarack Obama visited tornado-devastated Moore, Okla., Sunday,

    consoling people staggered bythe loss of life and property andpromising that the governmentwill be behind them every step ofthe way.

    Im just a messenger here, thepresident said, saying folks arebehind you across America. Heoffered moral and monetary sup-port in the wake of the monstrousEF5 tornado that killed 24 people,including 10 children, lastMonday afternoon.

    Standing with Gov. Mary Fallinand other state and federal offi-cials, Obama noted a substantialrebuilding job ahead and said thatour hearts go out to you.

    This is astrong commu-nity withstrong charac-ter. Theres nodoubt they willbounce back,he said. Butthey needhelp.

    The WhiteHouse said the Federal EmergencyManagement Agency has alreadyprovided $57 million in rebatesand incentives to help build about12,000 storm shelters inOklahoma. These storm shelterscan be the difference between lifeand death, presidentialspokesman Josh Earnest toldreporters accompanying Obama toOklahoma on Air Force One.

    For Obama, Sundays visit hadan all-too-familiar ring.

    Only five months into his sec-ond term, he has traveled to thenortheast to console people in thewake of the Boston Marathonbombing, and visited Connecticutand Arizona to comfort peopletraumatized by shooting ram-pages. He also has undertaken hisconsoler-in-chief role at the siteof plant explosions and mine dis-asters, not to mention a series ofnatural disasters including Joplin,Mo., and the Jersey Shore, whichwas heavily damaged bySuperstorm Sandy last year.

    Once on the ground, Obamaurged the American people tomake contributions, saying thedamage was pretty hard to com-prehend.

    Shortly after his arrival on apartly cloudy day, Obama rode pastgrassy fields strewn with scattereddebris, witnessing devastation so

    awesome that it appeared as ifgarbage had literally rained fromthe sky. His first stop was thedemolished site of the PlazaTowers Elementary School, whereseven students were killed whenthe tornado turned the one-storybuilding into a heap of bricks,broken concrete and twisted metal.

    I know this is tough, he toldsuperintendent Susie Pierce as hegripped her hand. As he walked,the demolished school was on hisleft and on his right, homes as faras the eye could see were reduced topiles of rubble. Vehicles wereturned upside down and toys like apink doll carriage and childrensbooks were strewn with furnitureand ripped out wall insulation.Every tree had been stripped of itsleaves and bark.

    Obama at one point joined theLewis family, which lost their home

    behind the school. He said theimportant thing was that they sur-vived and could replace their things.

    What a mess, he told their sonZack, a third grader at the shatteredschool. Zacks father, Scott, raninto the school just before thestorm hit and ran with his terrifiedson back to their homes stormshelter.

    Youve got some story to tell,Obama told the boy. This issomething youll remember allyour life.

    Obama later met privately withvictims families at Moore FireDepartment Station (hash)1,which has turned into a commandcenter with dozens of first respon-ders sitting at folding tables wherefire trucks are normally parked.Obama marveled that they savedso many lives given the devasta-tion.

    Obama consoles tornado victims

    Barack Obama

    By Laura OlsonTHE ASSOCIATED PRESS

    SACRAMENTO Californialawmakers are heading into thefinal week to move legislationfrom one house to the next with alengthy to-do list, but its onethat does not include several high-profile tax bills sought by

    Democrats.Among the bills expected to be

    tackled by the Assembly andSenate are ones on gun control,environmental protection andhealth care. Most bills must passout of their first chamber by Fridayto have a chance of reaching thegovernors desk by the Sept. 13deadline.

    The floor votes follow rapid-firecommittee meetings late last weekduring which lawmakers advancedor killed hundreds of bills.

    A number of gun-control billsawait the Democratic supermajori-ties in both chambers.

    A legislative package in theSenate introduced in response tothe mass shootings in

    Connecticut and Colorado wouldrestrict the rapid reloading ofweapons and prohibit possessionby those who have committed var-ious crimes.

    Other bills awaiting action inthe Assembly would track ammu-nition purchases and regulate gunstorage.

    Efforts to strengthen oversight

    of California oil drilling also willbe under debate.

    Several Assembly Democratshave sought a moratorium on amethod known as hydraulic frac-turing while its potential impactsare studied. Other lawmakers wantto bolster water protections andincrease disclosures of the chemi-cals used.

    Lawmakers face first deadline to pass bills

    THE ASSOCIATED PRESS

    COLUMBUS, Ohio A prosecutor facesnumerous obstacles as he weighs whether tobring death penalty charges against a manaccused of kidnapping three women andforcing one of them into miscarriagesthrough starvation and beatings, capitalpunishment experts say.

    Most agree that such charges are possibleagainst Ariel Castro, though not withoutlegal fights starting with constitutionalquestions over the definition of a murder vic-tim for the purposes of a death penalty case.

    Cuyahoga County prosecutor Tim

    McGinty said at a newsconference on May 9,days after the women wererescued from Castros run-down home, that capitalpunishment must bereserved for those crimesthat are truly the worstexamples of human con-duct.

    The law of Ohio callsfor the death penalty for those mostdepraved criminals, who commit aggravatedmurder during the course of a kidnapping,he added.

    Death penalty pondered

    in Cleveland kidnap case

    THE ASSOCIATED PRESS

    SAN FRANCISCO Caltrans and theMetropolitan Transportation Commissionofficials must consider the risks in decidingwhether to delay the scheduled Labor Dayweekend opening of the eastern span of theSan Francisco-Oakland Bay Bridge or keeptraffic flowing over the old span.

    Caltrans will tell the commission thisweek what it intends to do, but bridge offi-

    cials say that even with questions about theintegrity of more than 2,300 steel rods usedin the building of the new span, it is morelikely to withstand an earthquake better thanthe bridge in operation since 1936.

    Among the bridges design flaws are itsfoundation, which Caltrans chief engineeron the eastern span project, Brian Maroney,told The San Francisco Chronicle is tooweak to resist a powerful earthquake centeredin the San Francisco Bay Area.

    Risks a concern in deciding to open Bay Bridge

    Ariel Castro

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    8 Monday May 27,2013 THEDAILYJOURNAL

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    OPINION 9Monday May 27,2013THEDAILYJOURNAL

    Guest perspective

    By Leland Yee

    Every Memorial Day mythoughts go back to myfather. He spent the second

    world war stationed in Alaska with the

    U.S. Army. He, and thousands of fel-low soldiers were charged with defend-ing the Aleutian Islands from thethreat of a Japanese invasion. Hissacrifice strikes me as I remember himalways hating the snow. I am foreverindebted to that sacrifice, as his serv-ice in our nations military helped topave my way into this country. Afterthe war, my father brought our familyto San Francisco, the city we calledhome and where he attended VFWmeetings at Post 4618 until his death.I find myself at his old VFW on occa-sion, and I cant help but think of myfamilys experience in this countryfrom his service to my political careerto whatever lies in store for my younggranddaughter.

    This, of course, is the point ofMemorial Day; to turn our thoughts tothose who have served, and who con-tinue to serve our nation. MemorialDay was established after our CivilWar to remember Union soldiers wholost their lives in the battle to unifyour nation, and since then has beencelebrated by generation after genera-tion of Americans. It is in recogni-tion of this service that my officepartnered with the National Archives

    at San Franciscoand the Departmentof Veteran Affairsto highlight theservices that areavailable to veter-

    ans and their fami-lies. For those whoarent aware, locat-ed in San Bruno,

    the National Archives are a wonderfulresource to anyone interested in dis-covering more about their familysmilitary history. And it was throughpartnering with these agencies that Iheard Jarom Vahais story.

    Jarom served for nine years, spend-ing two tours in the Iraq as a Marine.In his time serving, he was wounded,suffering injuries to his brain andspine that still cause him pain. Butafter returning home, Jarom tookonce a Marine, always a Marine toheart. He founded Green and GoldCareers for Veterans, which helps

    returning veterans find work in thegrowing field of green energy. As vet-erans have returned home from ourconflicts abroad, he has helped themreintegrate into civilian life and findsuccess. Stories like his demonstratesthe amazing spirit members of ournations military have, and it is hardto not be inspired by it.

    With Jarom in mind, let us look atMemorial Day as more than a day ofremembrance. His dedication to his

    country and his fellow veteransshould inspire us all to find a way toserve our communities. Across thecountry, returning veterans are metwith a great deal of challenges, butmany are finding new ways to serve.

    The Mission Continues is an organi-zation that exemplifies this spirit,pairing returning vets with serviceprojects here at home. These vets arefinding that they take a satisfactionfrom these projects that is difficult tofind elsewhere. If you find a way togive back to your community, youlllikely find the same thing.

    You can help teach people to readthrough Project Read, or volunteer atyour local Boys & Girls Club. Evensomething small like reading to kidsat a local elementary school, or help-ing with one of San Mateo Countysmany charities can be more rewardingthan you would have expected. If wehonor the service of our nations vet-erans by serving others, we will have

    a stronger community to show for ourefforts. So I hope you all find a way tocelebrate this holiday that properlyrecognizes what this holiday is trulyabout. And of course, the next timeyou see a veteran, remember to sayThank you.

    Leland Yee, D-San Francisco/San

    Mateo, represents District 8 in the

    California Senate.

    More than a day of remembrance

    The Kansas City Star

    The story of Afghanistanknown by most Americans isof horrific war scenes, lost

    lives and injuries to troops and civil-ians. Last weekend, another roadsidebomb killed five soldiers working torout terrorists.

    Less well known is another cam-

    paign: building infrastructure,

    health facilities and schools. While

    tremendous waste and ineffective

    projects have been exposed, there is

    also evidence of striking improve-

    ments.

    Life expectancy in Afghanistan,

    for example, rose from 42 in 2002

    to 62 in 2010. Deaths of newborns

    fell dramatically, as have maternaldeaths.

    In 2002, only 900,000 boys were

    in school and virtually no girls.

    Now there are eight million stu-

    dents, more than a third of whom are

    girls.

    And the number of primary health

    care facilities increased from fewer

    than 500 in 2002 to nearly 2,000 in2010.

    Alex Thier, assistant to the admin-istrator for the Office of Afghanistanand Pakistan Affairs in the U.S.Agency for InternationalDevelopment, cites a report thatshows Afghanistan has made moreprogress on a percentage basis since2000 than any country in the world.That also shows just how miserablelife was under the Taliban era.

    To Thier, the biggest hope for thefuture rests with better-educatedwomen who are holding a growingnumber of government jobs, servingin elective office and launchingentrepreneurial businesses.

    While calls routinely emerge inthe U.S. to cut foreign aid, Thiersays the entire development budgetfor Afghanistan over the last decadeequals the cost of four to six weeksof the military campaign.Continuing this investment will

    greatly diminish the likelihood ofAfghanistan becoming fragile, hesaid.

    Thier finds hope in Afghanistansincreasingly educated and tech-savvyyouth. He suggests that this youthcontingent plus upgraded infrastruc-ture should help keep Afghanistanfrom slipping backward after troopsdepart.

    One can only hope hes a betterprognosticator than the pessimisticanalysts.

    Hope in Afghanistan

    Tax exemptsocial welfareorganizations

    A

    re you confused as to why certain organization sare, under current IRS rulings, considered social

    welfare groups and eligible for tax exemptions?They apply for these exemptions under 501(c)4 underwhich they are allowed to engage in lobbying and advoca-cy as long as their main purpose is social welfare. Thesegroups include both con-servative (Tea Party) andliberal groups and the bigguns of American politics Patriot Majority USA(liberal); Crossroads GPS(Karl Roves); Americansfor Prosperity (Koch broth-ers, conservative);Priorities USA(formerObama campaign aides.)

    In contrast under IRS reg-ulations, a 501(c)3 is anonprofit for religious,charitable or educationalpurposes. These nonprofitstypically conduct researchand only engage in a limit-

    ed amount of lobbying,advocacy or political activity. Donations to these groupsare tax-deductible. Not so for most 501(c)4s.

    Recent U.S. Supreme Court rulings allow businesses andunions to donate unlimited money to 501(c)4 groups.Whats worse, they can be tied to so-called super PACSwhich raised and spent millions on political ads during the2012 election. Why wasnt the IRS monitoring thesegroups to see if they really qualified for tax exemptions,instead of the innocuous small fry?

    According to a New York Times editorial, recent action bythe IRS in singling out small Tea Party groups was inexcus-able, because social-welfare groups of all political stripes... had for years abused their tax exemptions through exces-sive political activity, and the IRS should have cracked downon them without regard to ideology. The reason there hasntbeen a crackdown (other than politics) is two-fold. There areno clear standards for how much political activity a 501(c)4group can undertake. While the tax code says these groupsmust engage only in social welfare work, the IRS beganallowing them to engage in politics, working for or againstcandidates, as long as that was not their primary activity.

    According to the Times and campaign finance gurus, somegroups carefully spend only 49 percent of their money onpolitics, while others, including Karl Roves, do nothingbut politics while claiming they are engaged in social wel-fare. The fix, says the Times, is to return to the originallanguage of the statute and require these groups to operateexclusively for the promotion of social welfare and notengage in politics. And most important, require that thesegroups disclose their donors. Most sought the 501(c)4 des-ignation to provide secrecy. Bloomberg Businessweekagrees. The irony is that the IRS is going to get punished... for its heavy-handed tactics with the Tea Party commit-tees, but the larger problem is that the IRS does nothing toenforce the law against the groups that are abusing a bro-ken system on a much bigger scale. Dont expect the cur-rent Republican congress to do anything about this soon.

    ** *According to IRS regulations, 501(c)3s and 501(c)4s are

    very similar in many respects but there are important differ-ences. Both must be run as a nonprofit. Neither organiza-tion s earnings may benefit a private individual or sharehold-

    er. Both types of organizations are exempt from paying fed-eral income tax. State tax-exemption status varies by state.501(c)3s are limited in the amount of time and/or

    money they can put into lobbying. 501(c)4s can do anunlimited amount of lobbying but then become ineligibleto receive federal grants. 501(c)3s cannot support oroppose anyone running for public office but they may beinvolved in political campaigns by way of non-partisanpublic forums, voter registrations drives, etc.

    501(c)4s can engage in political campaign activity, solong as this is consistent with the organizations pur-pose and is not the organizations primary activity. Someorganizations like the National Rifle Association set uptwo affiliated organizations, one primarily for charitablework, the other for lobbying.

    ** *The best way, says the Times, to prevent abuse is to

    reform the vague statute and eliminate the agencys discre-tion. Republicans and Democrats should be joining forcesin taking this important step. But will Republicans beseeking solutions as well as casting blame? There was sup-posed to be bipartisan action to reform the tax code as part

    of any new budget deal. If this were to occur, secti on501(c)4s needs to be reexamined.** *

    With the increase of secret money into political cam-paigns, we need assurance that the IRS is capable and hasenough staff to enforce the law in a nonpartisan and moreeffective way. And that the really big spenders do not usetheir political influence to prevent this. We need trans-parency names of the big donors and confidence thatthe IRS is examining politically active groups, regardlessof their size, influence and ideology to see that they aremeeting the letter of the law.

    Sue Lempert is the former mayor of San Mateo. Her column

    runs every Monday. She can be reached at sue@smdailyjour-

    nal.com.

    Other voices

    Follow us on Twitter and Facebook:

    facebook.com/smdailyjournal

    twitter.com/smdailyjournal

    Online edition at scribd.com/smdailyjournal

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    BUSINESS10 Monday May 27,2013 THEDAILYJOURNAL

    By Steve RothwellTHE ASSOCIATED PRESS

    NEW YORK Growth stocks, neglectedat the start of the year, are starting to get abit of love from investors again.

    The best returns in the Standard & Poors

    500 index over the past month have beenposted by technology companies.Industrial companies as well as banks andinsurers are also performing better. By con-trast, gains for utilities and consumer sta-ples companies safe-play stocks that hadbeen investor favorites in the first threemonths of this year have stalled.

    Its a change in tone in the rally that haspushed the market to record highs this year.Investors are getting more comfortableowning riskier stocks.

    The gains for stocks early this year weredriven by investors looking for so-calleddefensive stocks: big companies in steadyindustries which pay large dividends andarent as volatile as the overall market.Now, investors are favorin g companies thathave the best chance of increasing their

    profits as the economy expands.After a period of subdued growth,

    investors are more optimistic that the econ-omy is set to revive. If the economy ispoised for an upturn, companies whose for-

    tunes are more closely linked to growth

    should do better.Technology stocks have gained 6.6 per-

    cent in the past month, the best perform-ance of all the industry groups that make upthe S&P500. Utilities did the worst, falling5.7 percent. The index as a whole rose 4.8percent.

    Here are some of the reasons behind theshift in investor sentiment:

    ITS THE ECONOMYEarlier this month, the government said

    that unemployment fell to a four-year low ashiring picked up. That was another piece ofevidence pointing to better growth.

    If investors believe that the economywill carry on improving, it makes sense forthem to load up on the stocks of companiesthat will benefit most from acceleratinggrowth.

    Banks tend to perform better in a strongeconomy because demand for loans increas-es as companies borrow more to expand.Technology stocks and industrial compa-nies also do better when other companies

    start to invest in new equipment. Airplanemaker Boeing has gained 10.1 percent overthe past month to $100.

    The thing that you want to buy in thiseconomy, is growth wherever you canfind it, says Ron Sloan, a senior portfoliomanager at Invesco.

    HIGH-DIVIDEND STOCKS AREGETTING PRICEY

    After a long run-up, stocks that pay richdividends have become expensive.

    The price-earnings ratio, a measure usedby investors to value stocks, has surged forutilities and consumer staples companies.

    Investors were paying more than 19times next years earnings over the pasttwelve months for utilities stocks at the endof April, the highest ratio in at least 10years, according to FactSet data. The ratiofor consumer staples companies, such asProctor & Gamble and Wal-Mart Stores,rose as high as 18.

    Those ratios compare with an averageprice-earnings ratio for S&P 500 compa-nies of 15.7, which is slightly above the10-year average for the index of 15.1.

    While those valuations have fallen backslightly over the past month, theyre stillhigher than for companies that will benefitif the economy picks up. Investors are cur-rently paying just 14.2 times earnings to

    buy financial stocks and 14.7 times earn-ings for technology stocks.

    The savvy investors that are doing thislooked at valuations, says Ron Florance,managing director of investment strategy atWells Fargo Private Bank. How much am Ipaying for economic opportunity?

    DIVIDEND POTENTIALIts better to invest in a company that has

    the potential to earn more money, and inturn increase its dividends, than to overpayfor established dividend payers, says JimMorrow, a portfolio manager of FidelitysEquity Income Fund.

    Financial and technology companies maynot pay the biggest dividends right now,but they have large amounts of cash on theirbalance sheets. That means they are in aposition to pay more money to sharehold-ers.

    Technology companies in the S&P 500have $419 billion of cash on their balancesheets, accounting for about 40 percent ofall cash held by S&P 500 companies,according to S&P Capital IQ data.

    Give me a balance sheet thats full of

    cash, says Morrow.Take Apple. The technology giant said

    April 23 that it would distribute $100 bil-lion to its shareholders by 2015, some of itin the form of higher dividends.

    Investors shift focus to growth stocks

    JB Matteson, a multifamily real estate investment com-pany based in San Mateo, announced last week the acqui-sition of a Class-A apartment community at 524 N. CentralAve. in Upland, Calif.

    Currently known as Broadstone Foothi l lsApartments, the property will be renamed Park CentralApartments. Completed in 2005, the residential communityis comprised of one 6.39-acre parcel developed with sevenbuildings with 128 apartment homes.

    The seller was Invesco Real Estate. The acquisitionprice was $26.45 million. E&S Ring ManagementCorporation, which manages other JB Matteson multi-fam-ily assets, will provide the local property managementservices.

    Protesters across globe rally against MonsantoLOS ANGELES Protesters rallied in dozens of cities

    Saturday as part of a global protest against seed giantMonsanto and the genetically modified food it produces,organizers said.

    Organizers said March Against Monsanto protests wereheld in 52 countries and 436 cities, including Los Angeleswhere demonstrators waved signs that read Real Food 4Real People and Label GMOs, Its Our Right to Know.

    Genetically modified plants are grown from seeds that areengineered to resist insecticides and herbicides, add nutri-tional benefits or otherwise improve crop yields andincrease the global food supply.

    Most corn, soybean and cotton crops grown in the UnitedStates today have been genetically modified. But critics saygenetically modified organisms can lead to serious healthconditions and harm the environment.

    The use of GMOs has been a growing issue of contentionin recent years, with health advocates pushing for mandato-ry labeling of genetically modified products even thoughthe federal government and many scientists say the tech-nology is safe.

    On the move

    Business brief

    THE ASSOCIATED PRESS

    ALBANY, N.Y. Through muchof the last century, New York builtAmericas locomotives, automo-bile parts, steel girders and morethrough three shifts a day. Today,the Empire State is next to last onCEOslist of states to set up shop.

    The decline came over more thanfour decades of economic erosionfor much of the state outside NewYork Citys nearly unshakableeconomy. The state played a high-stakes game of offering tax breaks,but it yielded more political scan-dal than economic turnaround.

    Now, Gov. Andrew Cuomo wantsto go all in.

    Hes proposing a new way tolure high-tech companies andentrepreneurs by waiving all busi-ness and property taxes and evenstate income taxes for all theiremployees for up to 10 years ifthey move to New York and part-ner with a college campus.

    As the governor touts the tax-

    free pitch as a major upstate eco-nomic development plan, policyexperts say its a unique approachbut warn it could backfire and actu-ally hamstring the states econo-my. Either way, other states arewatching closely.

    This is exactly the kind ofthinking that makes New Yorkscore so poorly in our tax index,

    said Scott Drenkard, an economistwith the Washington, D.C.-basedTax Foundation, a nonpartisan,national tax research association.The bread and butter of a good taxpolicy is its broad-based taxes.That means you dont have give-aways to certain businesses.Instead, you operate on a level

    playing field.Cuomo spent much of last week

    barnstorming around the state topitch his biggest and most aggres-sive attempt to turn around whatfor decades has been dubbed theupstate problem: young NewYorkers fleeing for jobs else-where. Cuomo said his proposalwill supercharge job creation.

    But his plan also raised broadconcerns. Academics fear a com-mercialization of higher educa-tion, while business leaders saythe proposal makes second-classcitizens out of the businesses thatstuck around and paid taxesthrough hard times.

    Under the plan, people who

    already live in New York wouldfoot the bill for services for newcompanies that will enjoy notaxes for 10 years. Theres also noguarantee the new companies,some of which will be highlymobile startups, will stay after the10 years. And even if Cuomo winstwo more terms, hell be longgone by then.

    Its a risk you run, said BrianSampson of the UnshackleUpstate business group, whichsupport Cuomos proposal.

    Cuomo, however, is also beingcredited for trying somethingbold.

    The program is the type ofvisionary thinking we need from

    our leaders, said Jamie Dimon,chairman and CEO of JPMorganChase & Co., who is supportingCuomos effort and whose compa-ny has donated to Cuomos cam-paign.

    Others say New York, draggeddown by its politics and the polit-ical influence of business andlabor, is still a step behind.

    Tax-free business plan is bold but uncertain

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    > PAGE 13

    By Julio LaraDAILY JOURNAL STAFF

    SAN JOSE Its safe to saythis is not the way the Serra base-ball season was supposed to end.

    Not even in their wildestdreams. Or in this case, their worstnightmares.

    With its first trip back to theCentral Coast Section Division Ifinals since 2009, and against itsbitter West Catholic AthleticLeague rivals in St. Francis ofMountain View, the Padres sawtheir championship hopes cometo a crashing and embarrassing

    10-0, six-inning end. Serra wasout-played, out-pitched, and, fol-lowing a post-game melee withthe Lancers after a walk-off hitbatsman, the Padres were out-classed.

    The game itself had an eerie feel-ing from the on-set, with emo-tions running extremely high. Anextra-inning affair earlier in theday pushed all of the CCSremain-ing games at Municipal Stadium inSan Jose back about 80 minutes.Thus, Serra and St. Francis, whowere scheduled for a 7 p.m. firstpitch, actually didnt get underwayuntil about 8:30 p.m. And by thetime the Lancer dog-pile formedright in front of the Serra dugoutand a couple of players werethrowing each other to the ground,and separated by coaches, theclock was well into the 11 p.m.

    hour.Strange and awkward as that allwas, there was no mystery that St.Francis was the better team onSaturday night. They scored all 10of its runs between the fourth and

    sixth innings off three differentSerra pitchers.

    But it was a game that actuallybegan as a classic tussle betweentwo great starters. Orlando Razotook the ball for Serra and wentpitch for pitch with St. FrancisJohn Gavin. Combined, theyretired the first 16 batters of thegame only a Razo hit batsmanprevented the two from going per-fect through three.

    Gavin stayed on that tear in thefourth.

    But then the game shifted dra-matically during a scary play inthe bottom half of the frame. With

    a St. Francis runner on first,Hunter Simmons lifted a ball intothe gap in left center field. WithJordan Paroubeck flying in fromcenter and Neil Sterling doing thesame from left, the two collided

    violently, giving Simmons a dou-ble and the games first true scor-ing threat.

    The game was delayed whileboth players were treated in theoutfield and both stayed in thegame momentarily in what was avery scary accident.

    But that collision jolted Razoand the Serra defense. The Lancerssent six more to the dish follow-ing that play, accounting for threeruns on two singles, a walk and apassed ball.

    Three batters after the collision,Paroubeck came out of the game,visibly shaken from the crash.

    But with the way Gavin waspitching, Paroubeck or noParoubeck in the lineup, it would-nt have made a difference. St.

    Serras season ends in nightmare

    JULIO LARA/DAILY JOURNAL

    Serra starter Orlando Razo deliversa pitch in Serras loss to St. Francisduring the CCS Division I finalSaturday in San Jose.

    NATHAN MOLLAT/DAILY JOURNAL

    Half Moon Bays Kalista Leonardos scores theCougars first and only run during a14-1 loss to Notre Dame-Salinas in the CCSDivision III championship game Saturdaymorning at San Joses PAL Stadium.

    JULIO LARA/DAILY JOURNAL

    Menlo second baseman Jared Lucian throws to first base to complete an out in Menlos loss to Pacific Grove on Saturday.

    By Julio LaraDAILY JOURNAL STAFF

    SAN JOSE Another year, another tripto the Central Coast Section Division IIIfinal and another big inning does in theMenlo Knights.

    Ayear after a six-run frame against PacificGrove cost the Knights a potential CCS 3-peat, the Breakers did it to them again. Thistime six runs in the first inning off ofMenlo starter Austin Marcus was the cata-lyst for the Knightssecond-straight loss ina CCS DIII final.

    The Breakers beat the Knights 10-2 end-ing Menlos season in frustrating fashionfor the second-straight season at MunicipalStadium in San Jose.

    Literally, it was 3-2, and I was like, OK,lets not let it get to a six-spot like lastyear, said Menlo head coach Craig Schoof.

    Unfortunately for the Knights, the gametranspired in similar fashion, with Menlo

    jumping out to an early lead and then seeingthings come undone.

    The Knights got the offense going earlyin the game with a one-out rally that begancourtesy of Austin Marcus single t o rightand a Sam Crowder walk. An error on a pick-off attempt advanced them 90 feet and Adam

    Greenstein capitalized with a 3-2 infieldsingle that made it 1-0 with still only oneout. Christian Pluchar followed with a sin-gle into right-center field to double theadvantage.

    But the Breakers roared right back andtook complete control in their half of thefirst. Two walks to start the game and then asingle loaded the bases setting the table forKevin Teskey, whose infield single made it2-1 with no one out. Pacific Grove wasntdone by any means. They tied the score on afielders choice, suicide squeezed its way to a3-2 lead and added a fourth run on a seeing-eye single to right field.

    Menlos torturous first inning continued

    when Chris Fife sent a line drive to left andon the failed dive attempt in the outfield byMenlo, cleared the bases and wound up atthird.

    Pacific Grove sent 11 men to the dishbefore the third out was made and when theinsanity of just the opening inning settled

    down, the Breakers were up 6-2 and Marcuswas out of the game.Then, to insure Pacific kept the momen-

    tum, Conyal Cody struck out the side in thesecond. The Breakers never looked backfrom there.

    The worse part about that was we couldhave put pressure on them by executingbecause wed get guys on base with lessthan two outs and wed get runners on thirdand we didnt do it, Schoof said. Wed getrunners on base all the time. Their pitchingis good. We took a couple too many calledstrikes.

    Knight-night:Menlo falls hard in CCS final

    SeeMENLO, Page 12

    See SERRA,Page 12

    HMBfalls

    hardBy Nathan Mollat

    DAILY JOURNAL STAFF

    SAN JOSE Half Moon Bay softballcoach Deanna Rocha Tower said her teamstwo main goals were: one, to get the CentralCoast Section Division III championshipsgame and two, to win it.

    Reaching one of those two goals was def-initely disappointing.

    The second-seeded Cougars made it toSaturdays CCS Division III championshipgame, but they ran into a buzzsaw in No. 4Notre Dame-Salinas. The Spirit banged out14 runs on 15 hits in thumping Half Moon

    See HMB, Page 12

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    Francis starter was downright nasty. Heallowed just one hit a Christian Concififth inning single that No. 15 tried to turninto a double but was thrown out at secondbase.

    Other than that, Serra posed no legitimateoffensive threa t. And after St. Francis put upa four-spot in its half of the fifth, it becamea game where the Lancers went for the jugu-lar. The Padres crumbled and come the sixthinning, a bases loaded hit batsman was theplay that brought in the game-ending, CCS-winning, run for St. Francis.

    The Padres finish the 2013 season with a27-7 record.

    Continued from page 11

    SERRA

    Bay 14-1 in a game that was called after fiveinnings because of the 10-run mercy rule.

    Weve had our eye on this championshipgame the entire season, Rocha Tower said.Of course we wanted to win it. That was theother half of our goal.

    We were hoping this would be our year.

    It was Notre Dames 13th CCS title in theprograms history and the fourth time theSpirit have beaten the Cougars in the finals.

    Notre Dame (22-9) came into the titlegame swinging hot bats. In its first threeCCS contests, the Spirit outscored theiropponents 37-6 before adding 14 more inthe championship game.

    He (the Notre Dame coach) had said justrecently their hitting started comingtogether, Rocha Tower said.

    And once the Spirit started hitting, theydidnt stop. In addition to the 15 hits, theyalso drew three walks and reached base fourother times on four Half Moon Bay errors.In all, Notre Dame had 21 batters reachbase.

    Half Moon Bay pitcher LyndsayKlimenko struggled with her command allday and it didnt help matters when shecaught a screaming comebacker in the thirdinning that injured the middle finger on herthrowing hand. She never seemed comfort-able and the Spirit made her pay.

    Notre Dame bashed the ball all over theballpark, hitting two home runs and fourtriples. After tying the score at 1 on aMorgan Balestreri inside-the-park homer toleft in the third inning, the Spirit broke thegame open with a seven-run, six-hit fourthinning to take a commanding 8-1 lead,sending 10 batters to the plate in theprocess.

    They all but put the game away with a six-

    run, seven-hit fifth inning, sending 11 bat-ters to the plate, extending their lead to 14-1 .

    We knew they were going to be good,Rocha Tower said. They were just hittingthe holes and there was nothing we coulddo about it. Its hard to watch.

    Half Moon Bay (23-7) hit the ball hard aswell. Unfortunately, they always seemed tofind the glove of a Notre Dame defender.With two outs in the first inning, Klimenkogot ahold of a pitch and drove it to right only to see it die in the glove of the NotreDame right fielder. In the second, HarleeDonovan hit a searing line drive thatappeared destined for right field only tosee the Spirit second baseman make a stab-bing catch. In the fourth, Olivia Heddinghit one on the screws that went right tothe center fielder.

    And then to perfectly encapsulate thegame for the Cougars, Abbey Donovan hit adying fly ball to right field only to seeMarisa Given make a headlong, divingcatch to end the game.

    We were making some really good con-tact, Rocha Tower said. If some of thosefell, maybe its a different game.

    Half Moon Bay did manage to get on thescoreboard first, plating its only run in thebottom of the second inning. With one out,

    Kalista Leonardos drilled a double to leftand came in to score on Katie Carlevarissingle to right to take a 1-0 lead.

    The Cougars had a chance to add on, but abase running mistake in the third cost thema chance to put more runs on the board.Emma Alaimo led off the inning by reach-ing on an error. After a flyout, ChannieAnderson bunted for a single, but Alaimomade too big a turn at second and was back-doored for the second out of the inning.The mistake was magnified when Klimenkowalked, which would have loaded the baseswith one out. Instead, Harlee Donovangrounded out to end the inning and end theCougarslast real scoring chance.

    Continued from page 11

    HMB

    Menlo did its best to battle back. In thethird, they loaded the bases with one out.But the bags were left juiced in an inningthat saw Cody strike out another pair. Heddo the same in the fourth, notching eightKs after four innings of work, eventuallypulled after his last strikeout for ChrisClements.

    Pacific Grove pushed another run acrossin the bottom of the third when a misstep inright field led to a no-out triple by AnthonyCoppla. Hed score a batter later on a sacri-fice fly.

    Menlo tried again to make a dent in thefifth when a one-out single and double putrunners in scoring position but a strikeoutand a ground out to second ended that rallywith nothing to show for the offensivespark.

    After Marcus erratic start, Chris Atke sondid steady the ship. No. 18 pitched into thesixth inning and allowed three runs overthat stretch before he was pulled with twoouts in the frame for Mark Redman. Atkesonwas nails considering that he was battling aback injury, according to Schoof.

    But no matter how solid your bullpen is,those five-run holes in something like aCCS championship game can very extreme-ly difficult to overcome especially whenyou strike out an atypical 12 times in theball game on offense against a team thatends their 2013 season undefeated (31-0).

    Pacific Grove got its eighth run on aninfield single by Teskey and its ninth on aKevin Russo knock. Redman walked inanother to make it 10-2 as the nightmarekept going for Menlo. In fact, the lastBreaker at-bats felt like a big pre-victorycelebration with ovation after ovation asnew pinch hitters were announced byPacific.

    Menlo pulled a run back in the seventh ona wild pitch, this after Pluchar walked tostart the inning and King added a one-out

    single to send him to third.The disappointment from this is two-

    fold: There is no better feeling than dog-piling at the end of a season but also thatthis is the last time well spend timetogether as a group, especially for the sen-iors, Schoof said. And thats tough. Thisteam was their best. We got everything wecould out of this team. Not that we couldnthave played better today or played betterduring the season. But if you were to stepback and tell us we would end 22-8 and run-ner-up in CCS, wed take that.

    Continued from page 11MENLO

    USF falls in WCC tournament finaleThe University of San Francisco ran into

    a buzz saw in Saturdays West CoastConference tournament championship.

    University of San Diego left-hander TroyConyers stifled a hot Dons offense, as thefreshman hurled a three-hit shutout to leadthe Toreros to a 2-0 victory at host-siteGonzaga University.

    USF entered into championship play

    totaling 18 runs and 28 hits in its two pre-vious tourney wins, including a 10-8 tri-umph over San Diego in Fridays prelimi-nary matchup. Conyers was masterful in theclutch though, emerging in the first start ofhis collegiate career to outduel Dons sopho-

    more Christian Cecilio.Thats as good a pitching performance as

    Ive seen, USF manager Nino Giarratanosaid.

    After San Diego scratched out single runsin each the first and third innings bothon two-out hits USF had its best chanceto get to Conyers in the ninth inning withone on and slugger Zack Turner at the plate.The former Serra and Caada star battled for11 pitches, including a booming fly to leftfield that hooked foul just before clearing

    the fence, before striking out for the secondout of the inning.

    The game ended on a diving catch by SanDiego right fielder A.J. Robinson to robDerek Atkinson of a hit. Atkinson was 5 for12 with four RBIs in the tournament.

    Sports brief

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    By Michael WagamanTHE ASSOCIATED PRESS

    SAN FRANCISCO Matt Cainfinally started getting his pitchesdown after a shaky start. Goodthing, too, because Giants manag-er Bruce Bochy was on the vergeof pulling his ace in the secondinning.

    That patience paid off for thedefending World Series championsand for Cain.

    That shows you how tough heis, the makeup of Matt Cain, andhow strong he is, Bochy saidafter the Giants rallied past the

    C o l o r a d oRockies 7-3Sunday. Thatsintestinal forti-tude in his part.He found a way.Thats as guttyan effort as youcan see.

    Cain (4-2)matched his

    season high of five walks butallowed only two runs and two hitsin five innings. He is 4-0 with a3.49 ERA in his last five outingsafter beginning the season 0-2with a 6.49 ERA in his first six

    starts.I thought I might run out of

    pitches sometime in the third,Cain said. I just made a little bitbetter pitches where the ballswerent maybe up as much.

    He walked five of his first 10batters but retired 11 of his last 12and improved to 17-7 against theRockies.

    If you dont get him and givehim a chance to stay in the game,hes going to make the most of itand thats what he did, ColoradosTroy Tulowitzki said. Once hesmells he has a chance to get awin, he turns it up a notch.

    Brandon Belt hit a tiebreakingtwo-run double in the fifth, and sixpitchers combined for one-runrelief, keeping San Francisco tiedwith Arizona for the NLWest lead.

    Buster Posey homered andAndres Torres added two hits andan RBI to help the Giants close asix-game homestand with consec-utive wins. San Francisco plays14 of its next 18 games on theroad.

    In his first appearance at AT&TPark, Jon Garland (3-6) allowedfive runs two earned sevenhits and four walks in fiveinnings. While the Rockies

    swept a three-game series fromthe Giants in Denver two weeksago, Colorado is 1-5 this year inSan Francisco, where theRockies have lost 12 of their last15 .

    Carlos Gonzalez struck out threetimes with runners in scoringposition after homering in hisprevious three games. Tulowitzkiwent hitless after drawing a walkin his first plate appearance whileDexter Fowler reached base fourtimes but scored just once.

    We had some opportunitiesearly, Rockies manager WaltWeiss said.

    Belt, Cain help Giants beat Rockies 7-3

    Matt Cain

    THE ASSOCIATED PRESS

    HOUSTON Two days after his40th birthday, Bartolo Colon pitchedwith youthful verve Sunday.

    Colon struck out a season-high ninein seven scoreless innings, and theOakland Athletics completed a sweepof the Houston Astros with a 6-2 win.

    Oaklands Nate Freiman, who waswith the Astros in spring training as aRule 5 selection, homered, doubled anddrove in three runs as the As improvedto 9-0 against the Astros this season.

    Colon, who was hitting 94-95 mphon the radar throughout the game, saidthrough an interpreter that the way hepitches, sometimes he likes to changehis velocity.

    Oakland manager Bob Melvin saidColons velocity surprised him.

    Every now and then you could seehim peek up there and see what thevelocity was, Melvin said. There are

    certain things that we can see when heknows that hes got his velocity, a lit-tle something that he does differently.Really for a guy wholl touch 93 andyoull see a 94 sprinkled in every nowand then, he hovered around 94 and hit95. So 40 years old, pretty impres-sive.

    Colon (5-2) won his second straightstart, scattering nine hits. He workedseven innings for the second straightstart and for the fourth time in 10 startsthis season.

    Colon improved to 3-0 with a 1.89

    ERA in his three starts against theAstros this season and 4-0 with a 2.53ERA against the AL West .

    Melvin thought Colon was econom-ical with his pitches despite the hits.

    He knows how to make a pitchwhen he needs to and I thought hisstuff actually was as good today asweve seen all year, Melvin said.There are certain games where heknows that he has the velocity andwhen he can go to that, and there arecertain games where he pitches a littledifferently. That all comes with experi-ence and knowing yourself very well.

    Freiman said he has been working inthe batting cages and doing every-thing he can to be ready for when he iscalled upon to play.

    Colon leads As to 11th straight win over AstrosCardinals beat Kershaw, Dodgers 5-3

    LOS ANGELES The St. Louis Cardina ls didnt exactlysting the ball against Clayton Kershaw. They just went tothe plate with the purpose of putting it in play.

    The plan worked.

    Matt Carpenter drove in the go-ahead run with an infieldsingle and Pete Kozma hit a three-run double, leading theCardinals to a 5-3 victory over the Los Angeles Dodgers onSunday in the rubber game of their series.

    Kershaws a great pitcher. But hes going to come out andthrow strikes, so you need to be ready to swing the bats,Kozma said. We needed every run we got.

    Sports brief

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    By Jenna FryerTHE ASSOCIATED PRESS

    INDIANAPOLIS Tony Kanaanhad one more lap, one anticlimac-tic last lap under the yellow cau-tion flag, to end 12 years of frus-tration in the Indianapolis 500.

    He flipped up his visor to wipeaway tears as the crowd roared itsapproval, and then in Victory Lanegave his bride of two months along kiss and poured the celebrato-ry winners milk over his head.

    Kanaan is Indys hard-luck loserno more. He is its champion atlast, fittingly with a dose of goodluck for a change.

    I have to say, the last lap wasthe longest lap of my life,Kanaan said.

    It was one of Indys most popu-lar victories.

    The losers were pleased with theoutcome, evidenced by a scenesimilar to rivals lining up to con-

    gratulate Dale Earnhardt when hefinally won the Daytona 500 onhis 20th try. Dario Franchitti,whose crash brought out the race-ending caution, stood grinning byhis crumpled car, two thumbs up asKanaan passed under yellow.

    When I saw who was leading, it

    cheered me up a little bit, saidFranchitti, last years winner.Hes a very, very deserving win-ner.

    The fans thought so, too, stand-ing on their feet, screaming TK!TK! TK! as he and team ownerJimmy Vasser went by during thetraditional victory lap. It felt mag-ical to Kanaan, like he had giventhe crowd at Indianapolis MotorSpeedway a gift.

    It means a lot to me because somany people, I could feel that theywanted me to win, and its such aselfish thing to do because whatare they getting from it? Kanaansaid. Im the one who gets the tro-

    phy. I believed that this win wasmore for people out there than forme.

    I wanted it all my life, but overthe years I was kind of OK with thefact that I may never have thechance to win.

    His chance came at the end of a

    history-making race atIndianapolis Motor Speedway,where Kanaan knew he had topounce at the green flag for thefinal restart with three laps to go.He did, zipping inside leader RyanHunter-Reay to roar to the lead where he wanted to be in caseanother caution came out.

    I knew I had to get the lead onthe restart because it could be a yel-low, which happened to me plentyof times here, and it did, Kanaansaid. How funny is life? The yel-low was my best friend.

    Kanaan had his fair share ofchances to win at Indy, but came upshort time and time again.

    Kanaan ends heartbreak with Indy 500 victory

    REUTERS

    KV Racing Technology driver Tony Kanaan of Brazil (L) wins ahead of An-dretti Autosport driver Carlos Munoz of Colombia and Andretti AutosportRyan Hunter-Reay of the U.S.(R) during the 97th running of the Indianapolis500 at the Indianapolis Motor Speedway in Indianapolis Sunday.

    By Howard FendrichTHE ASSOCIATED PRESS

    PARIS Grimacing after somepoor shots, leaning forward withhands on knees while catching herbreath after others, VenusWilliams left the French Openafter the first round for the firsttime since 2001.

    Williams, a seven-time Grand

    Slam championand former No.1-ranked playerseeded 30th atRoland Garros,felt hamperedby a bad back,had problemswith her serve all sorts ofstrokes, actual-

    ly and lost 7-6 (5), 6-7 (4), 6-4Sunday to 40th-ranked UrszulaRadwanska of Poland, who neverhas been past the second round ofa major tournament.

    Inflammation in her lower backlimited Williams to two matchesover the previous 1 1/2 months,preparation she called, with achuckle, extremely unideal.

    I cant really serve very hard.

    Its painful when I do that. But Imgetting better. I just, you know,ran out of time to get better forthis tournament, said Williams,broken 11 of the 17 times sheserved Sunday.

    My strategy was more or lessto put the ball in, and thats verydifficult for me, too, because thatsnot who I am. But thats all I had,she said.

    Her quick exit came a year aftershe lost in the second round atRoland Garros to Radwanskasolder sister, Agnieszka, the 2012Wimbledon runner-up.

    Yeah, of course, I was talkingwith Aga about Venus, Urszulasaid. I was well-prepared for thismatch, and I knew she was a greatfighter, so I should be focused thewhole match.

    Venus Williams loses to Radwanska sister at French

    Venus Williams

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    Freeze your fat away.