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9 'Yes' Votes Could Tip the Scale on Pot Legalization

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On Election Day, nine states will vote on ballot proposals permitting the recreational or medical use of marijuana, setting up what could be the biggest advance yet toward pot legalization and deepening tensions between state and federal drug laws.

Voters in Arizona, California, Maine, Massachusetts and Nevada will consider legalizing recreational use of marijuana. In Florida, Arkansas and North Dakota, voters will decide whether to permit marijuana for medical purposes. In Montana, voters will face a question on easing restrictions on an existing medical marijuana law.

If “yes” votes prevail on Nov. 8, marijuana could be legal for medical or recreational use in 29 states, accounting for 62 percent of the U.S. population, according to the National Cannabis Industry Association (NCIA), an advocacy group that lobbies for federal marijuana reform.

But states like Colorado, Oregon and Alaska quickly learned that life after legalization wasn't much greener on the other side. Shut out of banks, businesses couldn't get loans and shops were stockpiling cash, creating a significant security threat. 

CASH CROP
In August, the Drug Enforcement Administration reaffirmed marijuana's classification as a Schedule 1 drug, the same category as heroin, with no recognized medical use or value — and without access to financial institutions. Subsequently, financial institutions have been prohibited from doing business with dispensaries, growers, distributors and other marijuana-related businesses that are operating legally under state laws, forcing them to run cash-only businesses.

The amount of money changing hands is substantial. By the end of 2016 the legal pot market is expected to reach $2.6 billion in sales, according to The ArcView Group, a cannabis-focused investment firm that gathers market research. 

U.S. Rep. Ed Perlmutter, of Colorado, who has pushed for reforming federal banking laws, calls it “an issue of public safety.”

“As a result of being denied access to the banking system, there are millions of dollars in cash moving around the streets of Colorado,” Perlmutter said. “These businesses are forced to operate as cash-only enterprises, inviting crime such as robbery and tax evasion and adding to the burden of setting up a legitimate small business.” 

The owner of one Denver-based marijuana business, who asked not to be named for fear of being targeted, said because she is forced to operate in all cash, she has to factor the threat of robbery into every business decision.

"We only operate in daylight hours, we rotate pay schedules, and we have a buddy system where we walk employees to their cars to make sure they get there safely," she said, adding that her vendors, utility bills and landlord are all paid in cash. "I never travel alone."

In 2013, the Obama administration said it wouldn’t prosecute financial service companies that choose to serve state-sanctioned marijuana businesses, as long as they can assure that their clients are in compliance with the guidelines set forth by the Justice and Treasury departments. The administration stopped short of offering blanket protection against enforcement.

National banks have remained wary of being implicated for money laundering and have avoided the industry for fear that if an account turns out to be a front for the illegal drug trade — no matter how diligent the vetting process is — it could put the institution at risk of losing its FDIC insurance, or its employees may face imprisonment.

Still, those guidelines have been enough to encourage a small number of community banks and credit unions to start offering basic services in states with thorough "seed-to-sale" enforcement programs, which track pot from cultivation to purchase.

Carmella Houston, vice president of business services at Salal Credit Union in Washington state, said they monitor accounts closely to makes sure clients are complying with the DOJ's Cole Memo priorities, which require states to prevent legally grown marijuana from crossing its borders, sales to minors and the use of legal sales as a cover for illegal activity.

"With seed-to-sale traceability, we can ensure federal compliance," Houston said. 

Salal began serving state-licensed businesses in Washington in 2014. It is one of a handful of credit unions openly serving the industry, though, according to Houston, several others are doing it "not openly." Applicants go through a thorough review process to obtain an account with Salal. 

"We not only review the business, but also the owners, develop an understanding of the types of products being sold, and where the initial start up funds came from to launch their companies," Houston said.  

The enormous regulatory and compliance burdens don't come cheap. Salal charges clients fees based on the number and amount of transactions.

Between March 2014 and March 2016, the number of banks and credit unions across the country willing to handle pot money under Treasury Department guidelines jumped from 51 to 301, The Associated Press reported, citing federal data.

Merchants, however, say there are not nearly enough banks willing to take their cash. In the meantime, "potrepreneurs" are developing creative, non-cash payment options.

'POTREPRENEURS'
PayQwick has been dubbed the PayPal for pot.

Much like the online payment system, PayQwick allows customers to use its platform to pay for cannabis and marijuana-related services via loadable cards, a smartphone app and, soon, debit and credit cards.

Dispensary owners can use the online payment platform to pay vendors, landlords and employees. Customers can use the preloaded PayQwick card to make purchases and collect rewards. 

The Calabasas-based company operates in Washington and Oregon, where state regulations enable PayQwick to comply with the Cole Memo guidelines, according to CEO Kenneth Berke. Berke hopes to expand to other states once a strict tracking system is in place. 

“The key to our platform is seed-to-sale traceability. Colorado is still a little bit of the wild, wild west because it doesn’t have the traceability system,” Berke said. “We assure every dollar deposited into a PayQwick account comes from the legal sale of marijuana. Every dollar going through the PayQwick system can be tracked back to legitimate marijuana sales."

Applicants undergo a rigorous screening process and the company conducts its own compliance checks four times a year, Berke said. Clients who aren’t following the rules or refuse inspections are dropped from the system. 

GUARDIANS OF GREEN
Even with some relief from cash stockpiles, security concerns still plague canna-businesses. Many continue to operate unbanked and their product is lucrative in the black market and across state lines, leaving them vulnerable to robberies.

The concern for safeguarding cannabis businesses has led to a boom in the security industry in states like Colorado and Oregon.

Derek Porter, a former special operations Marine who worked on an anti-terrorism security team before he founded Security Grade Protective Services in 2012, says there is a need for well-trained security teams that are used to handling important cargo.  And many former veterans are finding employment on patrol at dispensaries and marijuana growers.

"Veterans are a much better fit because they have a great work ethic and are still in a heavy security mindset," said Porter who noted about 70 percent of his employees are vets. "For a lot of these guys, they're doing work they see as familiar to the patrols assigned to them in Iraq and Afghanistan."

In July 2016, Travis Mason, a former Marine, was shot and killed during a botched robbery at an Aurora, Colorado, dispensary where he worked as a security guard. Mason's killing alarmed the industry and security firms like Porter's saw an increase in requests for armed guards.

Transport is another complication. The cannabis has to move from the cultivators to the stores, and cash needs to move between businesses and to state authorities for tax payments.

"Cash is a pain, time consuming and costly for everyone," Porter said. "We need to pay guards to go pick up the cash. It’s a risk for them to have a large amount of cash on hand. We count the money twice on our end, and then we have to take it to the bank and they have to count it."

TAXING FOR THE TAXMAN
Security isn't just a concern for those directly involved in the cannabis industry. The government is also reckoning with the risks and impracticality of bundles of cash.

In states where marijuana is legal for recreational and medicinal uses, businesses are subject to state sales taxes. 

Oregon, for instance, has collected $6.84 million from the pot tax’s first two months of 2016 — exceeding expectations for the entire year — and more than half of the state’s pot dealers paid that in cash, the AP reported. Of the $15 million-plus Washington collected from marijuana sales in February, nearly $4 million was cash carried through the lobby of the liquor board’s headquarters in Olympia.

In California, 100 percent of the taxes collected on $662,956,249 of taxable medical cannabis sales, roughly $59 million, was paid in cash, according to the state Board of Equalization (BOE). And without any access to banks or credit unions, marijuana businesses in the state have also incurred a 10 percent penalty when taxes over $10,000 were paid in cash. The penalty will be waived starting Jan. 1, 2017.

"Security is a concern," says Taylor West, NCIA deputy director. "Aside from the financial problems, the safety is one of the biggest. Employees are at risk since people know where and when there will be large amounts of cash."

To curb the risk of robberies, the California BOE says it changes its marijuana tax day collection, also known as "cash day," monthly, avoiding routine habits that could place taxpayers and employees at risk. 

Meanwhile, tax collection offices are doing what they can to manage the heaps of pungent cash pouring into their buildings. Offices in Oregon and Colorado have bolstered security, hiring more guards and investing in safety glass and security cameras.

HAZY FUTURE
The marijuana industry remains eager for a federal solution to their banking problem, and many hope that if Florida and California, which has the largest economy in the U.S, legalizes the recreational use of marijuana on Tuesday, the federal government will be forced to begin to align its policies with the will of the people. 

"These are very large states, with large populations and have a strong cultural influence," said West with the NCIA.

A recent Gallup poll found that a record 60 percent of Americans support making cannabis legal. West said that bills to amend marijuana laws have gotten bipartisan support, but they haven't moved out of committee because committee chairs don't want to talk about it.

"They aren't feeling the pressure to take on the issue," West argues. "But when you have 101 members of the House and 18 senators representing millions of constituents in legal adult-use states, Congress won't be able to keep looking the other way and pretending it isn't happening." 

Not all pot advocates are hoping marijuana ballot initiatives pass. In California, longtime growers fear Proposition 64 will bring costly regulations and taxes and could put them out of business if corporate interests and big farms take over. 

West argues against those who oppose regulation, noting that cultivating cannabis is resource intensive process and businesses should be held accountable for running it in a sustainable way. 

"After this year's election, I believe we may reach a tipping point and Congress will be forced to address the issue," said Perlmutter, the Colorado lawmaker. "The American people are leading the way at this point, and it's time Congress catches up to the evolving views and will of the voters."



Photo Credit: Getty Images
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Gary Johnson Cancels Visit to SD, Will Rally Through Video

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Libertarian presidential candidate Gary Johnson has canceled his visit to San Diego on Monday.

Instead, the former New Mexico governor will speak to supporters through a pre-recorded video. The campaign rally begins at 6 p.m. at the House of Blues in downtown San Diego.

According to his campaign, Johnson had scheduling conflicts which led to the cancellation of his visit.

Johnson is at approximately 4.3 percent in current national polls.

The third party candidate is touting what he describes as a positive message of “fiscal responsibility and social tolerance” during a negative election.

Details on whether attendees need tickets was not disclosed in a news release from Johnson’s camp or on the House of Blues website.



Photo Credit: AP

Child Moving Trash Cans Struck by Car in Jamul: CHP

Save on 50 Gal. Rain Barrels with Temporary Discount, Rebate

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A temporary discount combined with a limited-time rebate is helping San Diegans save 90 percent on 50 gallon rain barrels through the end of the year.

After the SoCalWaterSmart Program increased its rain barrel rebate from $35 to $75, the San Diego County Water Authority announced that it will sell 50 gallon rain barrels through the Solana Center for $90, down from its normal $149 tag.

So, from now until the end of the year, water-conscious locals can take home rain barrels for just $15.

Customers can pick up their barrels at any of Solana Center’s four pick-up locations in the county:

Rica Canyon Preserve (must order by November 27):
North Rancho Del Ray Parkway, Bonita
December 3 from 9 a.m. to 2 p.m.

Water Conservation Garden(must order by November 27):
12122 Cuyamaca College Drive, El Cajon
December 3 from 12 p.m. to 4 p.m.

San Diego Botanic Garden (must order by December 10):
December 10 from 9 a.m. to 3 p.m.
230 Quail Gardens Drive, Encinitas

Rincon del Diablo Municipal Water District (must order by December 10):
December 10 from 11 a.m. to 2 p.m.
1920 N. iris Lane, Escondido

Two rebates are available per address.

Customers can pre-order and choose their pick-up destination online here, and can claim their rebate on the SoCalWaterSmart website.

The SoCalWaterSmart Program is administered by the Metropolitan Water District of Southern California.



Photo Credit: San Diego County Water Authority

San Diego Dolphin Deaths Prompt Year Long NOAA Investigation

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In San Diego County, two Bottlenose dolphins were found along the Silver Strand in October 2015.

The first, a male, NEB0075, weighed almost six hundred pounds. Two hours and forty minutes later, about a mile away, a female was found. Almost nine feet long, KXD0280 is how she was identified.

Finding two dead dolphins, stranded in the same general area, in the same general time frame is a rarity in the San Diego region, according to national data. On average, according to the National Oceanic and Atmospheric Administration (NOAA), each year, 3.3 dolphins are found stranded along the San Diego coast.

 These two dolphins, found stranded within hours of each other, is an “unusual event,” according to federal investigators. The last time two dolphins were found dead, stranded along the coastline, was in 1963. Those deaths were never explained.

Nine days after these two dolphins were found, a third dolphin, identified as KXD020 was found. This one stranded near Naval Amphibious Base Coronado farther north along the Strand.

When sea mammals are found stranded, a stranding report is created to alert NOAA and the National Marine Fisheries Service.

The reports for the first two dolphins list potential causes of death as a boat collision, shot fishery interaction or other human interaction. The report for the female dolphin, KXD0280, indicates she was not pregnant.

Click here to read the report on the male dolphin found.

Click here to read the report on the female dolphin.

Southwest Fisheries Science Center, based in La Jolla, examined all three dolphins. The first two necropsies were completed in the Center’s lab. KXD020 was found in “moderate decomposition” so his organs were removed at the beach and returned to the Center for review.

When first learning about the dolphin deaths in October 2015, NBC 7 Investigates submitted a Freedom of Information Act request to NOAA for copies of the stranding reports and any other documents pertaining to the investigation into the dolphin’s deaths.

It would take a year and a series of discussions between NOAA, the National Marine Fisheries Service and NBC 7 Investigates before the preliminary report and documents were released.

Click here to read the complete report. 

The documents detailed the U.S. Navy was involved in a training exercise during the same time frame roughly in the same area, the dolphins were found stranded.

One of those documents, an email from Jaclyn Taylor of NOAA, confirms this. According to the email, a “Navy Major Training Exercise” was underway during the timeframe the dolphins stranded.

“So, clearly they are operating out there,” confirmed another email from the California Stranding Network Coordinator, Justin Viezbicke. In his email, he noted the Navy notification “didn’t contain the normal 72 hour pre-notification.” Viezbicke was told by his Navy contact that travel “delayed the email and the event started on Oct. 21.”

Click here to read the emails. 

The Navy agreed to notify NOAA as part of a long running legal battle over the use of sonar. Federal courts have said the “least predictable adverse impact” should be part of any Navy planning and training.

This mandate is part of a court enforced authorization from NOAA and the National Marine Fisheries Service which allows the Navy to use sonar in certain sensitive marine areas.

Click here to see maps of the where sonar is allowed and where there are restrictions.

The emails continue, describing how the Navy was investigating the issue. In one email, the Chief of Naval Operations, Washington , D.C., said, "the Navy has been collecting information" about a military exercise in the Hawaii-Southern California Testing and Training (HSTT) Study Area. According to the emails, there was "NO explosive use" in the exercise, "hull mounted MFA sonar” was used within "72 hours and 80 nautical miles” of the strandings.

Attorney Joel Reynolds with the Natural Resources Defense Council, NRDC, has been involved in lawsuits with the Navy over its use of sonar since the mid-1990s. He reviewed NOAA’s report on the dolphin deaths.

“The NOAA report suggests a lot of circumstances we have seen many times in the past in the wake of high intensity sonar testing and training,” he said.

The sonar in question is called, MFA or mid-frequency active sonar with mid-frequency referring to the pitch of the sound waves. According to the report, MFA was used in the training session, one day for 35 minutes and another day for 62 minutes.

According to the NOAA report, the dolphins "were all impacted by the same acute event" within a short time frame. The necropsy completed by Southwestern Fisheries ruled out algal bloom toxins, which have killed dolphins in the past. According to the documents, they found internal bleeding around the heart and in the abdomen, as well as head trauma.

Listed likely causes of death, according to the report, were two; the dolphins being trapped underwater by a net or a cage or mid frequency active sonar. But, the report also notes there was no commercial fishing in the area and "one would think the force of the struggle" would leave some abrasions or lacerations on the dolphin's body but there weren’t any.

The problem with the active sonar being named as the cause, according to the report, is "hemorrhage around the ears might be expected,” but there wasn’t any. "However it is important to note" continues the report, this happens with beaked whales and it could be different for bottlenose dolphins whose "behavior and habitat" differ from whales.

According to the conclusion of the report, "all three dolphins clearly suffered severe trauma" likely man made in nature, "although the exact cause is unknown."

In response to NBC 7 Investigates, the Navy answered questions via email but declined an on-camera interview. According to the email from a Navy spokesperson, the Navy conducted its own analysis and “is confident that these stranding events were not caused by the Navy’s use of MFA sonar.”

The response continues, saying, there was “no realistic probability that the stranding was caused by the Navy’s use of sonar. The closest Navy sonar-using ship was (about) 6 nautical miles (11,100 m) away from the stranding location...Based on the significant distance between the MFA sonar use and the dolphins’ habitat, as well as computer modeling of the likely propagation of the sonar within the area in question, the Navy is also confident that its use of MFA sonar could not have caused behavioral reactions that would lead the animals to strand.”

Click here to read the Navy’s complete response. 

Paul Watson, an environmentalist with Sea Shepherd, an international marine wildlife conservation organization, said this has happened before. According to him there can be unknowns when dolphins and sea mammals are found stranded.

“A lot of the bodies simply aren’t found,” he said. ”The best way to liken this (sonar injuring or killing sea mammals) is a human stands beside a 747 jet engine. Multiply that about five times, you will get the kind of impact it would have on a human being.”

“It causes internal bleeding,” Reynolds said. “The animals lose their bearings, frequently leading to stranding and them dying on the beaches.”

According to the email sent by the Navy, the location these three dolphins were found stranded, “located outside of the busy harbor of San Diego,” they “would likely already be sensitized to small boat and shipping noise, as well as naval activity, including the use of active sonar.”

Referencing a 2000 incident in which 17 whales swam themselves aground in the Bahamas the NRDC said, a report published more than a year after the 2000 incident concluded mid-frequency sonar emitted by the Navy caused “some sort of acoustic or impulse trauma” that drove the whales to shore.

NOAA declined NBC 7 Investigates request for an on-camera interview. Instead the agency answered a series of from NBC 7 Investigates via email. Click here to see the Q&A.

The Navy depends on sonar to protect its ships at sea. It uses the sonar to bounce loud sound waves off of objects to detect enemy submarines.

He told NBC 7 Investigates he recognizes the importance of sonar to the Navy's in order for them to protect the fleet and the homeland but “when the animals are there in significant areas, feeding area and breeding areas, migratory paths; test someplace else.”

Click here to see a documentary produced by NRDC on the use of sonar underwater.

While producing this story, NBC 7 Investigates learned of other sea mammal strandings in our area, according to NOAA and the National Marine Fisheries Services. More information on those is below:

 

  • On July 1, 2016, a California sea lion carcass was discovered in the vicinity of Silver Strand South. The discovery was made shortly after, and in the vicinity of, the Navy's use of permitted high-frequency active sonar. NMFS has initiated a review of the event.
  • On June 16, 2016, a California sea lion carcass was discovered at Coronado Naval Amphibious Base. The discovery was made shortly after, and in the vicinity of, the Navy's use of permitted high-frequency active sonar. NMFS has initiated a review of the event.
  • On March 30, 2016, a seal or California sea lion carcass was discovered at the Naval Base San Diego piers. The discovery was made shortly after, and in the vicinity of, the Navy's use of permitted mid-frequency active sonar. NMFS has initiated a review of the event.
  • On March 4, 2016, a dead floating humpback whale was reported offshore Point Loma, CA, which NMFS identified as an Uncommon Stranding Event. The Navy verified permitted mid-frequency active sonar use within 72 hours before the stranding and 80 nm of the stranding site. NMFS has initiated a review of the event.
  • On March 10, 2016, two California sea lion carcasses were discovered at Silver Strand Training Complex-North Beach. The discovery was made shortly after, and in the vicinity of, the Navy's use of permitted high-frequency active sonar.
  • On February 19, 2016, Navy personnel discovered a live, emaciated juvenile California sea lion at Coronado Naval Amphibious Base. The discovery was made shortly after, and in the vicinity of, the Navy's use of permitted high-frequency active sonar NMFS has initiated a review of the event

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Moderate Santa Ana Rolls In Starting Election Day

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Election Day in San Diego not only marks a historic election for the country, but also a mid-week warm up, where many residents will see temperatures in the 80s and 90s during a moderate Santa Ana.

As San Diegans head to the polls on Nov. 8, temperatures will climb ten to 20 degrees above normal across the County, NBC 7 Meterologist Jodi Kodesh forecasts. 

Temperatures are forecasted to reach 81 degrees along the coast on Tuesday and 92 degrees inland, Kodesh said. 

Wednesday should be the hottest day of the stretch, Kodesh forecasted, with temperatures inland forecasted to reach 93 degrees and 86 degrees along the coast. 

By Thursday, temperatures should return to approximately 82 degrees along the coast and 89 degrees inland. 

During this mild to moderate Santa Ana, fire danger will be elevated because of rising temperatures, drier conditions and windier conditions. 

The County mountains and coastal foothills will see eastbound winds reaching 15 to 20 miles per hour, with possible gusts of 30 miles per hour, Kodesh said. 

Wednesday should be the windiest day and the driest day, Kodesh said, with winds at 15 to 20 miles per hour and gusts reaching 45 miles per hour. 

Friday will stay warm, dry and breezy, Kodesh said. 

Additionally, those heading to the San Diego beaches to enjoy the warmer weather should expect higher surf on Wednesday and Thursday, with swells reaching eight to ten feet. 

For your full forecast, click here. 

Hit and Run Victim Shares Message for Road Safety

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A Encinitas bicyclist who was injured in a hit and run nearly three months ago is now rallying to make the roads safer for everyone.

John Abate was a competitive cyclist until the morning of August 14.

He and a friend had been riding in the designated bicycle lane on Leucadia Boulevard near Quail Gardens Drive when Abate was hit by a white SUV.

The driver took off and has not been arrested.

The crash left Abate with serious injuries. Now, he is not only focusing on continuing the recovery process, but also advocating for safety.

He says the driver was likely speeding in the 45 mile per hour zone but the size of the lanes may also have been a factor in the crash.

“Where I was hit, the lanes are close to 14 feet wide. By narrowing that down to say 11 feet, which is what they're proposing, that could help motorists to slow down, not have as much room so that they're paying more attention inside the lane," Abate said.

He told NBC 7 that he is working with Bike Walk Encinitas which is an organization that aims to make the community safer for pedestrians and bicyclists. He also recently became an ambassador for a product that is not only a bicycle light, but it is also a high definition camera.

Abate said if he had been equipped with a mechanism like that, the outcome would have been much different and the driver would have been caught.

Now, he is sharing his story to spread a message to drivers.

"Just take your time. Make sure that you're not texting or talking on the phone and be vigilant when you're out on the roads looking for cyclists and pedestrians," Abate said.

For cyclists, he said: “Make sure that we're obeying the rules of the road and that we're wearing our helmets when we cycle, we're wearing a light at all times. The little things are really what matter and it definitely saved my life."

Abate siad he understands that drivers sometimes get frustrated with bicyclists and vice versa. But added that at the end of the day, human lives are involved.

“Just because we're out on the roads riding our bike you know, when we finish our ride we get in our cars and we commute, we go to the grocery store, we pick up our kids from school," he said. "So just an awareness that when you're driving on the road and you see cyclists on the road, take that extra second. And if they are obeying the laws you should be obeying the laws as well."

San Diego Zoo Kids Arrives at Phoenix Children's Hospital

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The San Diego Zoo is bringing its animals to patients at the Phoenix Children’s Hospital through an all-access television channel.

The San Diego Zoo teamed up with the Phoenix Zoo and the Phoenix Children’s Hospital to introduce San Diego Zoo Kids, a closed circuit television channel that offers entertaining and educational programming centered around the creatures of the San Diego Zoo.

The channel, available in 79 children’s hospitals and Ronald McDonald Houses across 26 states and four foreign countries, will now be available in every patient room at Phoenix Children’s Hospital.

The program will show patients up-close views of various animals in the zoo, including the zoo’s world famous Panda Cam. Patients will also get to learn about new animals through short videos hosted by San Diego Zoo Global ambassador Rick Schwartz.

“San Diego Zoo Kids has the ability to bring the zoo to young patients who don’t have the opportunity to visit,” said Douglas G. Myers, president and CEO of San Diego Zoo Global. “The stories we tell through this channel not only entertain children and their families during what can be a stressful time, but hopefully inspire a new generation to appreciate wildlife and their natural habitats.”

Phoenix Children’s Hospital held an event to announce the collaboration and invited Phoenix Zoo staff, and some furry animals, to come to the hospital and meet face to face with some of the patients. Children also got a sneak peek of some San Diego Zoo Kids content.

In attendance was a prairie dog, kinkajou, giant Flemish rabbit and some armadillos.


Driver Renders Aid to Skateboarder After Striking Him: PD

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A student riding his skateboard near Escondido High School Monday afternoon was taken to a local hospital when a car struck him, police said. 

The crash happened at approximately 1:52 p.m. Monday on the 1500 block of N Broadway, just west of Interstate 16 near W El Norte Parkway, police said. 

The driver, a medical professional, got out of the car and rendered medical aid to the student after the crash, police said. The driver cooperated with police. 

Police say at this point, it appears the skateboarder was in the street at the time of the crash and may be at fault. 

The investigation is ongoing.

No other information was immediately available.



Photo Credit: Getty Images/File

2 Suspects Wanted in Grand Theft at Helzberg Diamonds

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Two suspects walked into a North County jewelry store, tried one two pieces and ran out, making off with approximately $22,000 in rings, Escondido Police said. 

The robbery happened at approximately 1 p.m. Monday at a Helzberg Diamonds store at North County Fair Mall, located on the 200 block of E Via Rancho Parkway.

Officers initially responded to a report of a robbery, but began investigating the incident as grand theft when they learned no force or fear tactics were involved. 

Two suspects, who have not been arrested, walked into the store and were shown two rings. After a few seconds, one of them grabbed the rings and ran away. 

The estimated value of the rings is $22,000. 

The suspects ran into the mall's parking lot and drove off heading west on Valley Parkway. Authorities do not have a good description of the getaway car.

Police plan to review surveillance cameras from the store and parking lot as they investigate. 

"We're reviewing some security footage from around the mall to see if we can pick up that vehicle on those cameras. Right now, we have very limited information as to what the vehicle was, so the video will hopefully lead to some clues as to who those individuals are," said Escondido Police Sgt. Craig Miller.

Police are searching for two suspects, though they do not have a clear description of them yet. One man, police say, has a tattoo over his eye. 

No one was injured. 

The incident is under investigation. 

No other information was immediately available.

Check back for updates on this breaking news story. 



Photo Credit: NBC 7 San Diego

44 Undocumented Immigrants Found in City Heights Stash House

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A San Diego man has been charged with harboring and hiding 44 undocumented immigrants in his home, some of whom were locked in a small shed, the U.S. Attorney's office announced.

Authorities first discovered the stash house, located on the 4900 block of University Avenue in San Diego's City Heights neighborhood, when San Diego Police (SDPD) got multiple calls from neighbors, according to a complaint filed in Federal Court. 

Neighbors expressed concern after they saw two cars dropping off multiple people at the home, who then nervously rushed inside the home, the complaint alleges. 

City Heights resident Dania Olivero, 51, said told police she invited the people to drink beer at her house, the complaint alleges. 

Officers further investigated, and found the people with unopened beers in front of them in the home. Some of the people ran to the back yard when authorities arrived. 

Border Patrol officers were called to the home when police suspected the people may be undocumented immigrants. 

All but two identified themselves as Mexican nationals without legal status in the U.S. when questioned, according to the complaint. Two said they were citizens of Guatemala, but did not have legal standing to be in the U.S.

Some of those questioned reported they were locked in a small backyard shed without light, ventilation or a bathroom with dozens of others, according to the complaint. 

All 44 of the undocumented immigrants were taken into custody. Seven of them are still in custody as material witnesses, and the remainder are in the custody of immigration officials pending immigration proceedings. 

Olivero is charged with harboring and concealing undocumented immigrants, which carries a maximum of ten years in prison and a maximum fine of $500,000 if she is convicted. 



Photo Credit: Toronto Star via Getty Images/File

Early Voting: Half of San Diego's Mail Ballots Returned

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Across the United States, 42 million people have cast their ballots early. In San Diego, half of the more than 1 million mail-in ballots sent to voters have been received as of Monday morning, according to the San Diego County Registrar of Voters.

Voters lined up as early as 6 a.m. to vote at the county office before Election Day tomorrow.

Registrar of Voters Michael Vu said his office has received 500,000 out of the more than 1,000,000 mail ballots that were sent to voters.

“They’re being sorted and scanned now so they’ll be ready to count right when the polls close at 8 p.m. on Election Night Tuesday.” Vu said.

On Monday, San Diegans have until 5 p.m. to vote. On Tuesday, polling places open at 7 a.m. and close at 8 p.m. Mail-in ballots can also be dropped off across the county.

The registrar has advised voters that a two-page double-sided ballot could result in longer lines on Election Day.

The statewide ballot has a whopping 17 propositions, the most on a single ballot since March 2000. There's a measure to legalize recreational marijuana and one requiring porn actors to wear condoms. Another would limit the price the state pays for some prescription drugs.

Voters will weigh in twice on the death penalty. One measure would repeal capital punishment while another seeks to speed up the process.

Voters in most places will have a variety of local questions as well, from school bonds to development and housing.

City of San Diego voters will decide on the San Diego Chargers ballot initiative authorizing the construction of a new football stadium and convention center project. There’s also the Citizens’ Plan offering an alternative plan for developing a new stadium without using downtown real estate.

All of California's 53 U.S. House seats and 100 of the 120 state legislative positions are up for grabs, though only a fraction are likely to be close contests.

The national media is paying close attention to one Congressional race in our county.

Defeating San Diego-area Republican Darrell Issa would be a prize for Democrats. As chairman of a powerful House oversight committee, Issa has been the chief inquisitor of President Barack Obama.

In the state Legislature, Democrats are looking to regain supermajorities in the Assembly and Senate.

U.S. Sen. Barbara Boxer's retirement creates a rare open seat, and for the first time in the modern era, no Republican will be on the ballot. Thanks to California's unusual primary system, in which the two top finishers from the June primary advance to the general election, voters will decide between two Democrats -- state Attorney General Kamala Harris and U.S. Rep. Loretta Sanchez.

To learn more about voting in the Nov. 8 election, call (858) 565-5800 or visitsdvote.com.

Election Question: What Happens if Measures C And D Pass?

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This is complicated.

On Tuesday voters in San Diego will have multiple options before them. As the resident sports guy I’m going to try and clear up a few things about the ones that apply to the local professional football team: Measure C and Measure D.

Measure C is commonly known as “The Convadium Plan.” Authored by the San Diego Chargers, it is asking for a hotel transient occupancy tax (TOT) increase to help build a new stadium/convention center annex in Downtown San Diego. The team and NFL would kick in $650 million while the TOT is designed to generate more than $1.15 billion for construction and maintenance over the next 30 years, during which time the Chargers would commit to staying in San Diego.

Measure D is commonly known as “The Citizens’ Plan.” Authored in part by local attorney Cory Briggs, it is asking for a smaller TOT increase (5% vs. 6%) than “The Convadium Plan” that would open up a bevy of redevelopment projects in San Diego. The key points here are paving the way for an expanded convention center, prohibiting the waterfront expansion of the existing convention center, and allowing the Mission Valley land where Qualcomm Stadium currently sits to be sold for educational or park use.

Although both Measures are a lot more complex, that’s the nutshell version. However, both of them have some intriguing intricacies that could come in to play, the largest being one very interesting question:

What if both initiatives are passed by voters? Grab some popcorn. This is going to take a minute.

Based on the way they were written and the timing of their filings, “The Convadium Plan” needs a two-thirds vote to pass while “The Citizens’ Plan” only needs a simple majority to pass. That makes it a lot easier for the latter to take effect.

If both of them reach the required vote totals then the Chargers plan will win because it received more votes. If the Briggs plan gets more than 50% of the vote and the Chargers plan falls below 50% of the vote, “The Citizens’ Plan” passes and the “The Convadium Plan” goes away. That’s all pretty cut-and-dry.

However, if both initiatives receive more than 50% approval from voters then the only thing we can say with guaranteed certainty is we will not have a resolution on this on Wednesday morning. Briggs will claim a victory. So will the opponents of the Downtown stadium initiative because Measure C did not pass. And likely so will the Chargers.

The reason for that is, even though the Bolts initiative will have technically been voted down, they might have a legal path to resurrecting it. You may recall that last week they filed an amicus brief, which is a legal document filed in appellate court cases by entities that are not directly involved with the case but have a strong interest in it.

There is a case sitting in the Supreme Court of California involving the California Cannabis Coalition that could potentially subject Measure C to a simple majority vote.

So, if the Chargers get greater than 50% then we have to see what determination the Court decides on the case. If the Court rules in a manner that changes Measure C to a majority vote, then both Measures C and D technically passed and the certification of the election would likely have to be delayed.

In the meantime, we would have to look at the specific vote totals. If Measure D passes with a greater percentage than Measure C (for example, 53% to 52%) it wins regardless of the Supreme Court decision, at least at the start. San Diego City Attorney Jan Goldsmith has already stated he feels Measure D should be subject to the same two-thirds vote that Measure C is currently under. Others claim it violates the single-purpose provision of California’s citizens’ initiative process.

Basically, expect a court battle or two if Measure D passes. Even if the percentages are reversed and Measure C has a higher vote total, its outright approval depends on that Supreme Court decision. It’s a confusing scenario but in the end, Measure D could be the odd initiative out.

So what is the time frame on all of this? There isn’t one. Although the Chargers have requested it be expedited, the Supreme Court can decide on its own when to make its ruling on the Cannabis Coalition case that would impact Measure C’s voting threshold. It could take well in to 2017, perhaps even after the Chargers start their July training camp.

That would basically keep the team in a holding pattern and guarantee they stay in San Diego for at least one more season. Unless, of course, they simply lose patience, give up on the legal process and take the option to join Stan Kroenke and the Rams in Los Angeles.

If they are stuck in legal limbo for a while a more likely scenario is this:

Chargers Chairman Dean Spanos goes to San Diego Mayor Kevin Faulconer and says listen, more than half the people want a new stadium Downtown. You endorsed that plan so let’s drop all these legal proceedings and put together a new plan, together this time; a plan that we can both trumpet as the best plan for both the Chargers and the City of San Diego.



Photo Credit: MANICA Architecture

Hillary Clinton Casts Her Vote in NY

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Crowds cheered Democratic presidential candidate Hillary Clinton as she stepped out of her vehicle to cast her vote in a school in her hometown of Chappaqua Tuesday morning.

Photo Credit: Eduardo Munoz Alvarez/AFP/Getty Images

Mike Pence Casts Ballot in Indiana

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Republican vice presidential candidate Mike Pence spoke to workers on his way to vote Tuesday. He told reporters after he cast his ballot that it was humbling to vote for himself.

Warren Buffett Offering Voters Rides to Omaha Polling Places

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Ever taken a ride with a billionaire? Well, if you live anywhere near Omaha, Nebraska, here's your chance.

Warren Buffett is offering lifts to the polling places via trolley to encourage those who want to vote but don't have easy access to transportation.

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Buffett, a staunch Hillary Clinton supporter, said he is offering rides to voters who need a lift via trolley in Omaha as part of his "Drive 2 Vote" campaign. Buffett said the goal of the initiative is to have the highest percentage of turnout in any district of the country — regardless of party.

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Photo Credit: Getty Images
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#WearWhiteToVote: Voters Show Solidarity with Suffragists

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A grassroots campaign is calling for people to #WearWhiteToVote to show support at the polls for Democratic nominee Hillary Clinton and those women who fought for the right to vote a century ago. 

Social media users are using the hashtag on Election Day to show solidarity for the first woman candidate of a major political party.

White has a history of symbolism with women’s suffrage and was the color of the pantsuit that Clinton wore when she accepted her nomination at the Democratic National Convention in July.

By no coincidence, white was also one of the of the official colors of the National Woman’s Party.

Self proclaimed “Centenarian for Hillary” Jerry Emmett wore white when she voted for Clinton last week in Arizona’s early voting. At age 102, she was born before the 19th Amendment was passed, which gave women the right to vote.

Another form of showing solidarity for Clinton at the polls has been women wearing her signature look: the pantsuit. Clinton supporters are participating in another grassroots campaign, #PantSuitNation, by mirroring Clinton's power outfit. 



Photo Credit: AP
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Small Part of Cliff Collapses in Del Mar

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A small part of a cliff collapsed in Del Mar Tuesday, lifeguards said. 

The collapse, between 10th and 11th Streets in Del Mar, happened gradually overnight heading into Tuesday, lifeguards said. A little more fell this morning.

When lifeguards discovered the collapsed bluff, they posted "unstable bluffs, stay back" signs in the area to warm surfers and beachgoers. 

No one was injured. 

No other information was immediately available.



Photo Credit: NBC 7 San Diego

New Homes Planned after $2.75M Land Buy in Encinitas

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BM Family Trust of San Diego has purchased a 1.67-acre residential land parcel in Encinitas for $2.75 million, with plans to develop four single-family homes, according to brokerage firm Colliers International Group Inc.

The seller of the property, at 858 Hymettus Ave. near Leucadia Boulevard, was R. Colby and Claudine Trust of San Diego, represented by Colliers’ Ciara Trujillo.

In a Colliers statement, Trujillo said the property was privately owned for more than 40 years and is among the last well-located parcels available west of Interstate 5 in Encinitas, with ocean views. The property’s zoning allows for four single-family homes with lot sizes of about 14,500 square feet each.



Photo Credit: Courtesy of Colliers International Group
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WWII Memorial Sprayed with Apparent Anti-Pipeline Graffiti

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Someone vandalized Washington, D.C.'s World War II Memorial -- a somber gathering place for the shrinking number of World War II vets around the nation -- by spraying it with spray paint over the weekend.

The paint can be seen at the base of the North Dakota pillar. The Hill and the West Fargo, North Dakota Pioneer said the graffiti may say "#NoDAPL."

That's a hashtag that has been used by people opposed to the Dakota Access Pipeline project. Native American groups, environmentalists and others have been protesting the $3.8 billion pipeline, which is meant to carry North Dakota oil through South Dakota and Iowa to a shipping point in Illinois. 

Ironically, the state-named pillars that ring the World War II memorial are meant to "celebrate the unprecedented unity of the nation" during World War II, according to the monument's website.

The World War II monument is one of the most popular destinations for the Honor Flight network, which flies veterans to monuments so they can visit and reflect on their service to the nation.

The Park Service said the vandalism happened sometime before 10 a.m. Monday. Anyone with information should contact investigators at 202-610-7500.

The Park Service said it had already used a "light paint stripper" to begin removing the graffiti, and that it had removed "a significant portion of the damage."

"Applications will continue until the marking is no longer detectable," the Park Service said in a press release.



Photo Credit: National Park Service
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