“Splashtacular.” That was La Mirada City Manager Tom Robinson’s first comment when asked about the success of Splash, La Mirada’s aquatic center, in its first year.

In Monday’s edition of the Whittier Daily News, we’ll have a story looking at the first yeara of the $38 million swimming complex that includes the family fun area called Buccaneer Bay, a 25-yard instructional pool, 50-meter competitive pool and a spa.

City officials say the first year has been successful – saying it’ s making money and getting higher attendance than expected. But there’s at least one critic who points out that Splash is losing money. You can decide after seeing the figures and comments in the story that will run Monday’s paper.

Here’s the wire story on the fight over California’s prison health care system. If Brown and Schwarzenegger are successful, the now-closed Fred C. Nelles Youth Correctional Facility in Whittier will not become a prison hospital and will be open to private development. 

By JUDY LIN
Associated Press Writer
SACRAMENTO — A lengthy fight over California’s prison health care system escalated Wednesday as Gov. Arnold Schwarzenegger and state Attorney General Jerry Brown sought to throw out an $8 billion spending plan for prison medical facilities, saying it’s illegal and too costly.

Brown and Schwarzenegger administration officials filed a motion in U.S. District Court in San Francisco asking a judge to halt plans for seven prison medical facilities while the state struggles with a massive budget shortfall. They also called for the termination of a court-appointed receiver overseeing health care improvements at the state’s 33 adult prisons.

“It’s time to return the management of our prisons to the people who are authorized by the voters to do that,” Brown said at a press conference Wednesday. “What the receiver has become is a parallel government operating virtually in secret, not subject to government scrutiny.”

The court was asked to replace the receiver with a less-powerful special master until the prison health care system could be returned to the state. Cost has been at the heart of long-running legal battle over inmate health care in California’s adult prisons.A federal court has ruled the quality of care unconstitutional.

Receiver J. Clark Kelso proposed that the state sell $8 billion in bonds to build seven medical facilities to treat some 10,000 inmates. The repayment would be spread over 25 years and cost California taxpayers $14 billion by the time the bonds are repaid. The receiver has sought an immediate $250 million for a down payment.

Schwarzenegger and state lawmakers have recoiled at the cost, especially as the state faces a $42 billion deficit through June 2010.

“The receiver will never get that money,” Schwarzenegger said Wednesday during a press luncheon in Sacramento. “That’s important to know because I will not give it to him. I don’t think the controller will give it to him, and I don’t think the legislators will give it to him.”

Brown has argued that a federal judge can’t order the money from the state treasury without violating federal law and state sovereignty.

But Kelso has asked a federal judge to hold Schwarzenegger in contempt of court for refusing to turn over a down payment on his request. The 9th U.S. Circuit Court of Appeals has set a Feb. 12 hearing to consider letting a federal court judge hold Schwarzenegger in contempt.
Kelso — a law professor who has worked for both Schwarzenegger, a Republican, and Democratic former Gov. Gray Davis — said Wednesday he was “puzzled” by the allegations that he’s operating a branch of government without transparency.

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The receiver, whose goal is to repair the system so it can be turned back to the California Department of Corrections and Rehabilitation, was appointed last year to replace Robert Sillen, who had a reputation of picking fights with attorneys whose lawsuit prompted the federal takeover.

Kelso said he’s willing to negotiate given the state’s budget meltdown, but he noted that there’s a startup cost to creating health care programs that the state has neglected for so long. He said he envisions the receivership to last three or four more years, whereas a special master can last much longer.

“I’m ready to compromise,” Kelso said. “Let’s be clear: The state is just about to authorize … prison construction and yet I’m the only one who’s taking scrutiny. The fact is, the state needs to spend to reduce its 200 percent overcrowding or there needs to be a mass reduction in prisoners.”

Brown criticized early drafts of the receiver’s spending proposal, calling it “extravagant” and
“unaccountable.” He said versions of the plan had called for yoga rooms, music and art therapy rooms, regulation-size basketball courts and landscaping to hide fences.
Those plans did not, however, end up making it into the most recent plan Kelso submitted to the court. Kelso said yoga rooms and music therapy are already part of the state’s prison rehabilitation program.

“At a time of real suffering in the state because of budget cutbacks, the receiver has embarked on an orgy of spending — and most of it in secret, not subject to outside scrutiny,” Brown told The Associated Press ahead of the news conference.

In Wednesday’s filing, Brown contended that the federal court cannot order the state to build prisons and must impose the least intrusive remedies under the Prison Litigation Reform Act.
Brown said a special master would still be able to recommend changes to the federal court, but not have so much power as a receiver to duplicate state government. According to the brief, California taxpayers have spent more than $74 million so far to fund the receiver’s expenses that pay for the salaries of the receiver, planners, architects, engineers and attorneys.

Kelso receives an annual salary of $224,000. His predecessor was paid $775,790 between April 2006 and June 2007.

“Whatever the thinking was a year ago or six months ago, now the reality of this $8 billion boondoggle, this gold-plated hospital plan would turn inmates into patients,” Brown said.

Schwarzenegger’s finance director, Michael Genest, said the state’s deteriorating finances has forced the administration to cut back spending on even high priority programs such as prisons. According to the state, California spends on health care $13,778 per inmate each year, compared to $4,413 at federal prisons. The average cost of health care coverage per person in California in 2008 was $4,906.

This could be good news for the city of Whittier in their fight against a prison hospital going in at the now-closed Fred C. Nelles Youth Correctional Facility. Attorney General Jerry Brown and Gov. Arnold Schwarzenegger Wednesday called on the federal district court to terminate the prison receivership of Clark Kelso. Kelso has Nelles as one of his possible sites to build a prison hospital. A court hearing is scheduled for Feb. 12.

Here’s the full unedited press release from Brown’s office:

SACRAMENTO – Attorney General Edmund G. Brown Jr. today called on the federal district court to terminate an “unaccountable prison receivership” and its extravagant $8 billion prison construction plan because both violate federal law.

“The court should terminate this unaccountable prison receivership and its $8 billion construction plan, restoring a dose of fiscal reality to the provision of inmate medical care in California,” Attorney General Brown said. “The federal receivership has turned into its own autonomous government operating outside the normal checks and balances of state and federal law,” Brown added.

The Receiver’s $8 billion plan calls for adding 7 new prison health care facilities containing 10,000 new beds for prisoners — that’s 7 million square feet, or the size of 70 new Walmarts. The plan would also renovate space at each of the 33 existing state prisons.

A draft of the plan also includes yoga rooms, horticultural therapy, extensive landscaping to obscure prison fences, music and art therapy, regulation basketball courts, quiet rooms, an emphasis on natural light and high ceilings, and a so-called “treatment mall.” A subsequent draft contains most of the same features without the graphic detail.

The construction of new facilities, as well as the upgrading of existing facilities, is estimated to cost $8 billion. In addition, it will cost $1.7 billion to $2.3 billion per year to operate these facilities. The projected operations cost per inmate is $170,000 to $230,000 per year. This extravagant plan comes at a time when California is facing a fiscal catastrophe and funding for school children is being slashed.

The Termination Motion
In a motion filed today in the U.S. District Court for the Northern District of California, the Attorney General urged the court to terminate the Receivership and his plan for the construction of prison healthcare facilities – because the Prison Litigation Reform Act prohibits judges from ordering the construction of state prison facilities and limits court-imposed remedies to the “least intrusive” possible.

In place of the $8 billion plan, the Attorney General called for returning the prison health care system to the State and the appointment of an interim Special Master to conduct hearings and make proposed findings of fact.

Background
California is under Federal court order to provide health care that is not “deliberately indifferent” to the health needs of prisoners. The State of California is committed to providing such care.

The State – under the receivership – has taken significant steps to improve inmate health care. California has increased health care staffing and filled almost 90 percent of open physician positions, improved emergency response, professional standards, contracting systems, and health care screenings.

In total, California has increased per inmate health care spending from $7,601 per year in 2005-2006 to $13,778 in 2007-2008. By comparison, spending per inmate in federal prisons will be $4,413 per inmate in 2008-2009. The average cost of health care coverage for a single person in California in 2008 was $4,906.

Nevertheless, the Receiver continues to insist on a massive program that would lead to the construction of facilities and amenities that go well-beyond standards required by the Constitution and federal law. The Prison Litigation Reform Act, signed into law in 1996, forbids judges from ordering construction of state prison facilities, and requires that any plan that a court orders be “narrowly drawn, extend “no further than necessary” to correct the violation of the Federal right, and be the “least intrusive means necessary.” (18 U.S.C. 3626(a)(1)(A))

On August 25, 2008, the Receiver filed a motion to hold the Governor and other State officials in contempt for failing to turn over to the Receiver $8 billion for his construction plans, and the district court ordered the state to make a down-payment of $250 million by November 5.

Subsequently, Brown appealed that decision to the Ninth Circuit, which stayed the district court order. The Ninth Circuit will hear oral argument in the case on February 12, 2009.

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The Pico Rivera Sheriff’s Station will host a barbecue fundraiser for fallen CHP officer Joseph Sanders.
The barbecue will be from 11 a.m. to 2 p.m. Wednesday at the Pico Rivera Sheriff’s Station at 6631 Passons Blvd. and will include steak and the fixings. Donations will be accepted.
Sanders was killed while laying down flares on the 60 freeway after an accident, when another crash occurred. An out-of-control car struck Sanders, killing him.
He leaves behind his pregnant wife and three other children.
Manny’s Beef and Vernola’s Tow donated supplies for the fundraiser.

For the La Mirada and Whittier city council members Tuesday will be a day they probably would rather skip. It’s the day when both councils will be reviewing their budgets and looking for ways not to spend money. That’s not something any politician relishes. But with today’s economy eroding their sales tax revenue — as well as shutting down key businesses in Whittier — they don’t have much choice.

The first meeting will be La Mirada’s at 4:30 p.m. The council has scheduled to start two hours early before their regular 6:30 p.m. study session. No information is available in advance because there’s no staff report. Whittier’s meeting will occur at 6:30 p.m. at Parnell Park, 15390 Lambert Road, Whittier. City Manager Steve Helvey has listed his proposed cuts, with the bulk of them coming from the Police Department.

Here’s a link to Saturday’s story if you want more information: http://www.whittierdailynews.com/rds_search/ci_11474865?IADID=Search-www.whittierdailynews.com-www.whittierdailynews.com

We’ll be posting follow-ups to what happened in both meetings on the web Wednesday and in print Thursday.

We just got word about the memorial service for the late Martin Ortiz, founder of Whittier College’s Center for Mexican American Affairs and advocate for minority student programs.

Whittier College officials say a memorial service is scheduled at 2 p.m. Jan. 25 at the Ruth B. Shannon Center, 6760 Painter Ave., in Whittier.

A reception will take place at the memorial chapel on campus immediately following the service.

It’s unclear what other private arrangements have been made for Ortiz, who died at the age of 89 Monday due to complications of a lung infection. He had been suffering from Parkinson’s disease for about four years.

But we’ll update you as information becomes available.

We’ve just learned the time for Tuesday’s Whittier City Council meeting has been changed back to 6:30 p.m. It was supposed to be held at 7:30 p.m. to allow Councilman Greg Nordbak time to make the meeting. But Nordbak told city staffers that he can now make a 6:30 p.m. time. This is the meeeting where the council will review City Manage Steve Helvey’s proposals to cut 5 percent from the budget. The story on his plan will be posted on the website later today and be in tomorrow’s newspaper.

However, the meeting will remain at Parnell Park, 15350 Whittier Blvd., although City Hall council chambers now will be open. The Planning Commission had been scheduled to meet at the same time, but their meeting has been cancelled. But the council meeting can’t be moved back because it’s already been advertised for Parnell Park. That also means no television for Tuesday’s council meeting.

We’ll be reporting in Saturday’s newspaper and later this afternoon on our Internet web site on Whittier City Manager Steve Helvey’s plan to reduce the city budget by 5 percent.

The plan is expected to be released late this afternoon when the City Council agenda packet goes out. Helvey asked all of his department directors for proposed cuts in their budgets. The plan will go to the City Council at a 7:30 p.m. Tuesday meeting at Parnell Park, 15350 Lambert Road, Whittier. Note the later time and different site.