The Los Angeles Times from Los Angeles, California • 16

CosAnjjclcfl Sllmea I San Diego Accused of Neglecting Low-Cost Housing City Could Lose Federal Funds, Critics Claim with the Rousing and Community Development Act and cannot be approved Asst. City Manager John Lockwood said later that the state clearinghouse was simply commenting as does the coalition and does not have the power of vetoing the city proposal. "We feel it does meet requirements of the legislation," he said. "It has been submitted to HUD. But if the Housing Coalition is correct and HUD agrees with (the coalition's position), then it will have to be modified." Mel Shapiro, coalition cochairman, said the coalition believes the state office's view on the subject "could seriously jeopardize the city's ability to obtain federal housing and community development funds for 1979." Please Turn to Page 4, Col.

1 BY JACK JONES Timet Staff Writer San Diego could lose millions of dollars in federal funds needed for downtown redevelopment unless it pays more attention to the housing needj of its low and moderate-income citizens, representatives of several groups said Monday. A major tar get of criticism was the Marina redevelopment project, which a state agency said should not receive federal funds unless the city shows it can be of greater benefit to the less affluent. The Housing Coalition of Greater San Diego, set up a year ago to monitor and support city housing programs, noted at a press conference that an Oct. 6 letter from the state Office of Planning and Research indicated that "probably results in an overestimate of available units and an underestimate of new construction needs." The state also said the city failed to include specific data on the total number of low-and moderate-income families expected to live in San Diego. And it cited inconsistencies in the city's own figures on such matters.

The state letter, signed by Stephen Williamson In the Office of Planning and Research, said San Diego's stated housing goals for low- and moderate-income residents would meet only about 5 of the actual need. Williamson wrote that unless both needs and goals are revised in the city application, the latter is "inconsistent ties, street improvements, public services, rehabilitation of dilapidated housing ($3 million) and administration. Coalition cochairman Art Letter said his group believes the city's block grant application and housing assistance plan are inadequate to meet needs of the less affluent. Revisions mast be made if the city is to get federal funds, he added. He cited the state criticism of the city for relying in its application on an "outdated" vacancy rate in rental units of 6.01 rather than "the more recent confirmed" rate of 3.7.

The state letter suggested that use of the larger vacancy rate figure the city has not complied with federal funding requirements. A city official, however, disagreed. The controversy centers on the city's $11 million application for 1973 under the Community Development Block Grant Program of the U.S. Department of Housing and Urban Development. It is the fifth year San Diego has participated the block grant program and the city wants to spend $3,680,000 of the proposed grant as part of a $12.5 million land acquisition program over the next four years for the Marina project.

Other portions of the grant would be earmarked for neighborhood facili- iKIiilBliliB LOCAL NEWS EDITORIAL PAGES CC PART II TUESDAY, NOVEMBER 21, 1978 Court Rejects 'Automatic' Youth Terms 3vO -V" ill --2 I Aj i) II I I it i 1 ij ft iP I immm in i ii i uniifl in ii" hi i inn -i 1 a 1 '1 II Station is a longtime fixture on downtown San Diego's skyline, built in 1911 to power old electric railway. Generator at top right once powered hotel elevators. Main gallery of plant, right, houses four steam tubine generators. At left are antique brass fittings and gauges that abound in the 67-year-old facility. BY TED VOLLMER Tlmtt Staff Writer The 4th District Court of Appeal has declared unconstitutional the automatic confinement of juvenile offenders to the maximum term they would have received as adults under the state's controversial 1976 Determinate Sentencing Law.

The 21-page opinion authored by Justice Howard Wiener in San Diego ordered that any future commitments to the California Youth Authority must take into account any circumstances that would modify the sentence. The published opinion also held that youthful defendants convicted in Juvenile Court must be given credit for any time confined at a state facility such as a juvenile hall before CYA commitments. Dep. Atty. Gen.

Lillian Lim Quon said she will petition the court for a rehearing and if necessary ask the California Supreme Court to review thedecisioa The ruling upset the commitment last year of a 14-year-old boy convicted of stealing several pairs of roller skates from a National City skating rink. The youth had been ordered to spend 3 12 years with the CYA or until he was deemed rehabilitated by authorities. The appellate court opinion modified the youth's commitment two years, the middle term for the offense that the youth would have received under the Determinate Sentencing Law. The opinion expanded on a 1976 California Supreme Court ruling that adult offenders sent to the CYA (a judge has the option of committing a defendant to the CYA until age 23) must receive a term similar to the length had they been sent instead to state prisoa Under the Determinate Sentencing Law, defendants automatically receive the middle term of confinement unless "aggravating" circumstances are proven by prosecutors to lengthen the term. "Mitigating" circumstances also may be presented by the defense in an effort to reduce the middle term confinement Examples of aggravating circumstances might be the use of a weapon or a defendant's prior record.

Mitigating circumstances might include evidence that the defendant was only a passive participant in a crime or was convinced he had been provoked by the victim. Youthful offenders convicted in Juvenile Court and ordered committed to CYA have been unable to present evidence that would reduce their confinement, a situation that Wiener said deprives them of fundamental constitutional rights. Instead, offenders automatically have been given the upper term by Please Turn to Page 8, Col. 6 Generating Gap ''l iff; If They call it Station a The oldest and smallest of all operating San Diego power plants, Station which still stands at 714 SL downtown, is a mechanical monument to the power of yesteryear. Built in 1911 to power the San Diego Electric Railway, Station was taken over by San Diego Gas Electric Co.

in 1921 and, until war fueled local defense plants in the early 1940s, it was only power plant The old plant is more silent then it used to be. Inside the building with the high-arching windows are antique brass fittings, antiquated manual levers and other cunosities of another age. Some of the enamel-bnght machines show patent dates in the 1800s. Expensive and inefficient compared to their modern computenzed counterparts at other county power plants, today they are used to heat downtown hotels, standing in should there be a failure elsewhere in the system, and standing by when San Diego gets too hot for the other plants to handle alone. Lr- I I if 11 if Xt i wmHoammX TIMES PHOTOS BY DAVE GATLEY 1 BUT IT TOOK SOME DOING S.D.

Fire Chief Paul Newman's Son Dies A Lineup of All-American 'Criminals' rws f0 f)ejre of Accidental Overdose ntr mAii nrxmnM 1 i ili i BY TOM GORMAN alikes could be found in Southland Allan Scott Newman, 28, son of ac lous it was for me to ask them to get up so early on a Saturday morning," he said. The volunteers were asked to be jails, private eye Marshall Gaines was hired to recruit them elsewhere. And, he discovered after not too much work, they are there for the finding. "Some marines who read the newspaper articles (telling of the dilemna) called me and volunteered," Gaines said Monday. Others were found at police science classes at Mira Costa College and law classes at Western State University in San Diego, he said.

"I talked to classes and told them as straight as I could that the defendants were entitled to a lineup and that we needed people (to stand in the lineups as look-alikes)," he said. "Some laughed about how ridicu- Times Staff Wrlt.r VISTA The world is, indeed, full of clean-cut faces including 21 young men who do not mind passing themselves off as suspected criminals. That was the verdict after 21 young volunteers showed up to stand in police lineups here Saturday. They were recruited by an Ocean-side private investigator after county jails in San Diego, Orange and Los Angeles counties were unsuccessfully searched for all-American types who would volunteer to subject themselves to the scrutiny of 20 robbery victims. Defendants in the case are six men, five of them marines and the sixth, although not a marine, similarly groomed.

All are white, have short hair, no beards and are of slight to medium build and height They look like your Joe-average-American-Anglo-marines" said Ron Jarvis, the San Diego deputy district attorney handling the case. Police lineups were to be held in an attempt to positively identify the suspects, but since no marine look- BY NANCY BAY Tlmtt Staff Wrltw San Diego Fire Chief Dee Rogers, who started his career at the Fire Department "cleaning out spittoons" 34 years ago, will retire Jaa 20. Rogers, 62, said that publicized morale problems within the department had nothing to do with his decision to retire. "In fact, I told then-interim City Manager Mike Graham, when he appointed me in January, 1975, that I'd only take the job for three or four years and then I'd retire. To myself, I was thinking three years, because that is the time it takes to establish an average (salary) for retirement pay," Rogers explained.

Rogers' annual salary as chief is $37,632. He will receive about half of that amount in retirement pay. His retirement in January will come almost four years to the day after his appointment as chief. Rogers has been under fire from officials of Local 145 of the Fire Fight-Please Turn to Page 5, Col. 3 tor Paul Newman, died early Monday of what police termed an accidental overdose of alcohol and the prescription tranquilizer Valium.

Los Angeles Police Lt. Tim Wapato said Newman, a nightclub performer who used the stage name William Scott, had been under the care of a clinical psychologist for emotional problems. Scott Steinberg, an associate of the psychologist, told police he drove Newman to the Ramada Inn at 1150 S. Beverly Drive Sunday evening, had dinner with him and stayed with him while Newman slept. Steinberg told police Newman had mentioned taking Valium and drinking.

About midnight, Steinberg told police, Newman's breathing became labored. Fire Department paramedics were called but were unable to revive Newman, who was pronounced dead on arrival at Los Angeles New Hospital at 1:07 a.m. Newman had been living at the motel about a week, police were told. Steinberg told police that Newman had sought medical help in the past at the Vista jail facility at 7 am that was my greatest fear wondering how many would not show, up," he said. But most of the students took the matter seriously, he said.

"It was a great opportunity for these students to see first hand what a lineup was like." Some asked facetiously what would happen if they were selected by the victims, Gaines said. "I told them not to worry, that there would be six excellent defense attorneys there," he laughed in response. In all, he said, 32 young men volunteered and 21 showed up enough to stage the nine necessary lineups, although some volunteers had to appear twice, each time in front of a different victim. (As a matter of record, four of the six defendants were identified by the victims. One of the two who was not identified "was only a lookout and we knew he had not been seen by any of Please Turn to Page 5, Col.

3 iiilif III 15 i tMHi! Allan Scott Newman AP photo because "he wanted to change his life-style." Newman's mother was Jackie Witt, Please Turn to Page 5, Col. 3 OTHER SAN DIEGO COUNTY NEWS Piril, Paget 2,27. Part 3, 1'tjei 1, 4, 5..