County sheriff has used stingray over 300 times with no warrant San Bernardino Sheriff's Department doesn't tell judges it's using spy device. by Cyrus Farivar - May 24, 2015 10:00am PDT

The sheriff in San Bernardino County—east of Los Angeles County—has deployed a stingray hundreds of times without a warrant, and under questionable judicial authority. In response to a public records request, the San Bernardino Sheriff’s Department (SBSD) sent Ars, among other outlets, a rare example of a template for a "pen register and trap and trace order" application. (In the letter, county lawyers claimed this was a warrant application template, when it clearly is not.) The SBSD is the law enforcement agency for the entire county, the 12th- most populous county in the United States, and the fifth-most populous in California.

Stingrays, or cell-site simulators, can be used to determine location by spoofing a cell tower, but they can also be used to intercept calls and text messages. Once deployed, the devices intercept data from a target phone as well as information from other phones within the vicinity. For years, federal and local law enforcement have tried to keep their existence a secret while simultaneously upgrading their capabilities. Over the last year, as the devices have become scrutinized, new information about the secretive devices has been revealed.

This template application, surprisingly, cites no legal authority on which to base its activities. The SBSD did not respond to Ars’ request for comment.

"This is astonishing because it suggests the absence of legal authorization (because if there were clear legal authorization you can bet the government would be citing it)," Fred Cate, a law professor at Indiana University, told Ars by e-mail. "Alternatively, it might suggest that the government just doesn’t care about legal authorization. Either interpretation is profoundly troubling," he said.

The documents sent to Ars by the SBSD's county attorneys also show that since acquiring a stingray in late 2012, the agency has used it 303 times between January 1, 2014 and May 7, 2015.

Further, the SBSD, like other departments nationwide, maintains a questionable non-disclosure agreement (NDA) with the FBI that indicates that the agency will work with local prosecuting authority to dismiss cases rather than reveal information in court about stingrays. (This has happened in at least some known jurisdictions elsewhere in the country.)

Just last week, the FBI released a statement regarding the use of stingrays, which claims the opposite of what its NDA with local law enforcement actually says. The SBSD also declined to produce policies, guidelines, training materials, nor the specific cases where stingrays were used.

The FBI and the Harris Corporation, the manufacturer of the device, have repeatedly declined to respond to Ars' specific questions.

New documents released by NYCLU shed light on Erie County's use of spying tool. Detectives typically go to a local judge before they want to deploy the device and file an application for a "pen register and trap and trace order." Those orders are often sealed, even well after the case has concluded, so there is usually little public scrutiny. But, as is the case in most jurisdictions nationwide, this application to the court is not very explicit about what exactly what law enforcement wants to do, nor how exactly it will be carried out. This is precisely the reason why Washington state just signed into law a new warrant requirement for stingray use, which also imposes stringent disclosure and data minimization standards. A similar bill in California is pending in the state legislature.

The template states:

DetectiveName, a Detective for the San Bernardino County Sheriff's Department. hereby applies to the Court for an Order (1) authorizing the use of a PEN register on the telephone lines currently designated by the numbers; Telephone Number (The “Telephone Line”); (2) authorizing the use of a trap-and-trace device on the Telephone Line: and (3) requiring the disclosure of subscriber name and address, whether listed or unlisted. for numbers called by the Telephone Line or numbers calling the Telephone Line. or found during investigation of this case upon oral or written demand of agents of the San Bernardino County Sheriff‘s Department. In support of this application, he states the following:

1) I am a detective for the San Bernardino County Sheriff's Departmant and am requesting an Order authorizing the installation and use of a PEN register and a trap-and-trace device. and the disclosure of subscriber information. 2) I certify that the San Bernardino County Sheriffs Department is conducting a criminal investigation of Crime in connection with possible violations of Crime Definition. It is believed that the below named persons and other unknowns are using the Telephone Lines in furtherance of the subject offenses and that the information likely to be obtained from the PEN register and the trap-and-trace devices is relevant to the ongoing criminal investigation being conducted by the above named agency.

AFFIDAVIT "Insert Probable Cause"

In the pre-cellphone era, a "pen register and trap and trace order" allowed law enforcement to obtain someone's calling metadata in near real-time from the telephone company. Now, that same data can also be gathered directly by the cops themselves through the use of a stingray.

Nathan Wessler, an attorney with the American Civil Liberties Union, told Ars that this type of language is very unusual.

"The template is likely to mislead judges who receive applications based on it because it gives no indication that the Sheriff’s Department intends to use a stingray," he wrote by e-mail.

"We have seen similarly misleading applications submitted to judges by police departments across the country," he continued. "Judges have no hope of ensuring that use of stingrays complies with the Fourth Amendment if they are kept in the dark about law enforcement’s intent to use a stingray. When police hide the ball from judges, our justice system cannot ensure justice."

Other lawyers concurred.

"On the fact the pen/trap order makes no reference to a stingray or IMSI catcher at all is really troubling because this order reads like any standard pen/trap application which would be given to a cell phone provider," Hanni Fakhoury, an attorney with the Electronic Frontier Foundation, and a former federal public defender, told Ars by e-mail.

"But of course the scope of information obtained via an IMSI catcher is potentially much greater," Fakhoury said. "So it suggest that unless the officers are telling the judges in the affidavit or when they’re in chambers swearing out the affidavit that they’re planning on using a stingray, there’s nothing to indicate what exactly law enforcement is planning to do. And of course, we find that highly problematic."

Most judges are likely to sign off on a pen register application not fully understanding that police are actually asking for permission to use a stingray. In some cases, cops have even falsely claimed the existence of a confidential informant while in fact deploying this particularly sweeping and invasive surveillance tool.

Ars has also contacted Superior Court Judge R. Glenn Yabuno, the supervising criminal judge in the county, but he has yet to respond. Forget federal law

Cops claim need for warrant to access all digital devices would "undermine" them. Under federal law, pen registers are granted under a very low standard: authorities must simply show that the information obtained from the pen register is "relevant to an ongoing criminal investigation." That is a far lower standard than being forced to show probable cause for a search warrant or wiretap order. A wiretap requires law enforcement to not only specifically describe the alleged crimes but also to demonstrate that all other means of investigation had been exhausted or would fail if they were attempted.

"I am used to seeing citations of various statutory provisions that the government would rely upon for its application," Brian Owsley, a law professor at Indiana Tech, and a former United States magistrate judge in Texas who has worked on numerous stingray cases, told Ars.

"These statutes are cited in the proposed order. It is problematic that if this is indeed an application for a stingray that the application heading indicates that is for a pen register and trap and trace device. I think that it should actually state ‘Application for a Cell Site Simulator’ or something along that lines."

California doesn’t actually have a specific pen register statute—a statewide pen/trap application template that Ars previously obtained from the Oakland Police Department under a public records request cites the federal statute. However, that practice goes against a 2003 opinion from the California Attorney General. The AG concluded that because California affords its citizens more privacy under the state constitution than does federal law, a state law enforcement officer cannot use a federal statute for a pen/trap order.

In the sample order that the SBSD provided, only federal law is cited, specifically 18 U.S. Code § 2703(d), among others.

Curiously, in the SBSD template application, it includes a section for the detective to "insert probable cause," which is not required under the federal pen register statute.

"The fact that order requires probable cause but isn’t labelled a warrant is also interesting," Fakhoury said. "[It's] definitely good that the Sheriff and the court are using the probable cause standard but a warrant is about more than just probable cause; a warrant also requires particularity and continuing oversight by the judge who has to review the inventory and receipt to make sure only authorized things were taken."

"So it’s like this order does some of the stuff a warrant would do, but not all," he said. http://arstechnica.com/tech-policy/2015/05/county-sheriff-has-used-stingray-over-300-times- with-no-warrant/ 5/26/2015 FPPC a bigger bang for San Bernardino County’s buck FPPC a bigger bang for San Bernardino County’s buck By Joe Nelson , The Sun sbsun.com

San Bernardino County appears to be getting its money’s worth out of the state Fair Political Practices Commission.

Ever since the county entered into a contract with the FPPC in January 2013 to enforce its campaign finance reform ordinance, the state agency, to date, has billed the county a total of $113,159.06, county spokesman David Wert said.

In return, the FPPC has audited or is in the process of auditing 23 candidates for public office in San Bernardino County, resulting in no violations for nine candidates, warning letters to four, and fines totaling $12,650 against six running for public office during the last election cycle.

Audits are pending against four candidates, but are expected to conclude within the next two months, FPPC acting enforcement chief Galena West told the commission during its Wednesday meeting.

In December, the county renewed its contract with the FPPC through Dec. 31, 2016, which allows the commission to bill the county up to $300,000 during the 2­year contract.

Supervisor Janice Rutherford, who introduced the county’s campaign finance reform ordinance in 2012, said the county contracting with the FPPC is a cheaper alternative to an ethics commission, long advocated by government watchdogs.

“The FPPC has been very responsive. I think it’s obvious, with the cases brought up now, that they’ve done a very good job with their audits, and a lot of people have learned a lot and will do things better the next time,” Rutherford said.

In August 2012, the Board of Supervisors adopted Rutherford’s proposed ordinance, which limited campaign contributions to local candidates to $3,900, the same limit imposed on state legislators. The ordinance also requires candidates and political action committees to electronically report all contributions and expenditures of more than $10,000.

In January 2013, the county became the first in the state to contract with the FPPC to enforce its campaign finance ordinance. Orange County has since tried, unsuccessfully, to do the same thing, and Stockton is now considering something similar, said FPPC spokesman Jay Wierenga.

The fruits of the FPPC’s labor in San Bernardino County played out Wednesday during the commission’s monthly meeting, when it fined six local candidates for campaign finance violations. Those fined:

• District Attorney Michael A. Ramos: Ramos and his treasurer, Marvin Reiter, were fined a total of $5,000 for failing to file a pre­election campaign statement on time and for failing to itemize on campaign finance forms credit card charges of $100 or more. http://www.sbsun.com/government­and­politics/20150525/fppc­a­bigger­bang­for­san­bernardino­countys­buck 1/2 5/26/2015 FPPC a bigger bang for San Bernardino County’s buck • Clifton L. Harris: Sheriff candidate Harris was fined $3,000 for making expenditures totaling $5,549 from a source other than the single, designated campaign bank account.

• Paul Schrader: Sheriff candidate Schrader was fined $1.500 for receiving a cash contribution of $900 on March 3, 2013.

• Randolph Beasley: Beasley, a candidate for Second District county supervisor, was fined $1,500 for receiving cash loans totaling $8,200 on March 7, 2014.

• Grover Merritt: District attorney candidate Merritt was fined $1,500 for receiving a $4,000 contribution, in the form of a cashier’s check, that was not drawn from the bank account of the contributor.

• Larry Walker: San Bernardino County Auditor, Controller, Treasurer­Tax collector Walker and his treasurer, David Gould, were fined a total of $150 for failing to promptly file a late contribution report, electronically or in paper format, to disclose a $1,000 contribution received on May 2, 2014.

The FPPC is still auditing the campaign accounts for Sheriff John McMahon, county Supervisor Curt Hagman, former Rep. Gloria Negrete McLeod, who unsuccessfully ran against Hagman last year for the Fourth District supervisor’s seat, and Frank Garza, who was a candidate for county Superintendent of Schools.

On Wednesday, FPPC acting enforcement chief Galena West and commissioners discussed what’s next for them in San Bernardino County: Meeting with county officials and candidates to discuss what has been learned thus far, what can be done differently, how commission resources can be better utilized, and joint training.

“I see this as an opportunity to continue the education process for San Bernardino,” Commissioner Gavin Hachiya Wasserman said Wednesday. “It’s a wake­up call. I see it as a good opportunity.”

Campaign finance expert Bob Stern, who served as the FPPC’s first general counsel from 1975 to 1983, said he was impressed by the amount of ground covered in San Bernardino County by the FPPC in the roughly 2 1/2 years it has contracted with the county.

If past performance guarantees future returns, Stern concurs with Rutherford that the FPPC, not an ethics commission, which can cost municipalities upwards of $2 million annually, is the better bang for the buck.

“At this point, as long as the FPPC remains vigilant, I wouldn’t support a local ethics agency since such an agency is always subject to political pressures and budgetary questions,” Stern said. “The more I think about it, the more I believe the county has been a pioneer, along with the commission, in perhaps the ideal enforcement arrangement. But it will take a few more years to be sure and to see if the county wants to continue funding it.”

http://www.sbsun.com/government­and­politics/20150525/fppc­a­bigger­bang­for­san­bernardino­countys­buck 2/2 5/26/2015 San Bernardino County selects new Veteran Affairs director San Bernardino County selects new Veteran Affairs director By Jim Steinberg , The Sun sbsun.com

SAN BERNARDINO >> A retired Army colonel will become San Bernardino County’s veterans affairs director on June 1.

Frank Guevara, who has seen Army life as a private on kitchen duty and directed intelligence gathering operations in Afghanistan, said he has developed “a passion for helping veterans.”

Guevara will head up a team of 18 with offices in San Bernardino, Rancho Cucamonga and Hesperia.

Guevara will replace Bill Moseley, who a county spokeswoman said “retired after a long career of service to our San Bernardino County veterans and their families.”

Currently, Guevara is an application development manager for San Bernardino County’s Information Services Department, where he as worked since 1989.

During his time in the Army, Guevara’s duties included officer­in­charge of the Intelligence and Security Command, where he was in charge of 5,400 military and civilian personnel, providing intelligence personnel and equipment to US and NATO forces throughout Afghanistan.

That job required much travel, including to very remote forward operating bases as members throughout his intelligence unit were spread throughout Afghanistan, he said.

During his 38 years of service in the Army, Guevara has been deployed to Iraq, Afghanistan, Kuwait and Saudi Arabia.

Guevara spent six years in the Army with the 82nd Airborne in Fort Bragg, N.C.

That service eventually led to him to Cal Poly Pomona where he earned a bachelor’s of science in computer information systems.

He also earned an officer’s commission under the Reserve Officer Training Corps program at Cal Poly.

Among his duties as an Army officer was to provide tactical training to members of the Royal Saudi Land Force in case the conflict with Iraq were to spill into their country, he said.

After receiving his commission, Guevara said the California National Guard sent him to the University of La Verne to earn an MBA.

“I’ve been a private and a colonel and being a colonel is better,” he said.

http://www.sbsun.com/government­and­politics/20150524/san­bernardino­county­selects­new­veteran­affairs­director 1/1 5/26/2015 Bridge over train tracks on Glen Helen Parkway keeps traffic moving Bridge over train tracks on Glen Helen Parkway keeps traffic moving By Neil Nisperos , Inland Valley Daily Bulletin sbsun.com

Vehicles cross the newly built bridge on Glen Helen Parkway in Devore on Friday morning. The new bridge goes over the train tracks which in the past have caused backups and delays for motorists. Will Lester — Staff Photographer

DEVORE >> The new Glen Helen Parkway bridge means motorists will no longer be delayed by trains at the railroad crossing here.

A dedication was held Friday for the project.

Glen Mott, a safety coordinator on the project for BNSF Railway, said the tracks that now run under Glen Helen Parkway are some of the busiest tracks in the country.

“Approximately 100 trains a day go across ... and so the public was delayed like crazy,” Mott said. “The trains were running a little but slower especially going uphill because of the grade, so getting caught at the crossing could involve 5 to 10 minutes. This bridge eliminated all of that delay for the public.”

Officials say the completed project is expected to provide faster emergency response to nearby residents; better traffic flow at nearby venues, such as the San Manuel Amphitheater and ease access for residents.

“We look at this project and we know that when there is a natural disaster, as we know it will come, this will provide another access point ... for residents, for emergency vehicles ... to all of our law enforcement agencies, that I know will look upon this project as a positive benefit and as an addition to how to better deliver services,” said County Supervisor Josie Gonzales at Friday’s dedication ceremony.

Dennis Michael, the president of San Bernardino Associated Governments and mayor of Rancho Cucamonga, also called attention to the benefit to public safety.

“I come from a public safety background and you can’t imagine how frustrating it is for the people that need an emergency response, whether it be fire or police, the people that are trying to help somebody, when they’ve got a 100­car train that they’ve got to wait for before they get through that grade crossing,” Michael said. Michael is the former fire chief of Rancho Cucamonga Fire Department. http://www.sbsun.com/general­news/20150522/bridge­over­train­tracks­on­glen­helen­parkway­keeps­traffic­moving 1/2 5/26/2015 Bridge over train tracks on Glen Helen Parkway keeps traffic moving

The first phase of the Glen Helen Grade Separation cost $31 million was completed earlier this month.

About $14 million for the first phase of the project came from SanBAG, the regional transportation authority. The California Transportation Commission provided $7.2 million from state bond revenue; San Bernardino County provided $8.2 million; and $2.3 million was provided by the BNSF and Union Pacific Railroad.

The second phase, the widening of the above­grade road, is expected to begin in July 2017 and be completed in January 2019. Anticipated costs of that phase are $28.1 million, with about $3.4 million from San Bernardino County, $135,000 from state gas tax revenue, and $24.5 million from federal funds, officials said.

http://www.sbsun.com/general­news/20150522/bridge­over­train­tracks­on­glen­helen­parkway­keeps­traffic­moving 2/2 5/26/2015 Print Article: EDUCATION: Head Start preschools mark 50 years of helping

EDUCATION: Head Start preschools mark 50 years of helping BY STEPHEN WALL 2015­05­22 14:46:17

At age 4, Alejandrina Flores Burrell crossed the border from Mexico not speaking a word of English.

In a matter of months, she picked up the language by listening to stories, singing songs and doing art projects that taught her colors and counting.

Her early education came courtesy of Head Start, a program she said provided a strong academic foundation and led to her becoming a successful professional.

“I hit the ground running once I started kindergarten,” said Flores Burrell, a 54­year­old Corona resident who later became a U.S. citizen and now works as a licensed marriage family therapist. “I saw how important education was for me.”

Flores Burrell attended Head Start in 1965, the year President Lyndon B. Johnson launched the program from the White House Rose Garden as part of his War on Poverty.

The federally funded program offers preschool education and other services to prepare low­income children and special­needs families for kindergarten. It has benefited 32 million children nationwide, including tens of thousands in the Inland area, since its inception, officials say. A companion program, Early Head Start, helps pregnant women and children up to age 3 who meet income requirements.

“For millions of families, Head Start has been a lifeline,” President Barack Obama said in a statement issued May 18, the 50th anniversary of Head Start. “And for millions of kids, it’s been the start of a better life.”

REMOVING BARRIERS

In Riverside and San Bernardino counties, Head Start enrollment has been up and down in the past decade. Mirroring national trends, the number climbed with the passage of the economic stimulus in 2009 and fell when a federal government shutdown forced budget cuts four years later. The money was later restored and enrollment rose.

While many say Head Start helps kids do better in school and boosts graduation rates, some studies question its effectiveness as children get older.

A 2012 U.S. Health and Human Services Department report found that Head Start moderately improves preschool experiences and school readiness in certain areas. Some advantages continue through first grade, but few last into the third grade, the report said.

“The academic effects may fade if children are not given additional opportunities,” said Rollanda O’Connor, a professor in the graduate school of education at UC Riverside.

She noted, however, that Head Start children generally have fewer health issues such as obesity and not as many behavior problems as they move through school. http://www.pe.com/common/printer/view.php?db=pressenterprise&id=767929 1/3 5/26/2015 Print Article: EDUCATION: Head Start preschools mark 50 years of helping “Even a decrease in criminal activity in young adults has been linked to Head Start,” O’Connor said.

Overall, youths who attended Head Start have “clear academic advantages” when they enter kindergarten, she said.

Children who otherwise might be sitting home watching TV are learning colors, numbers, sizes and shapes. They are taught manners, how to get along with other kids, how to follow directions and other life skills, local program leaders say.

In addition to academics, children get free meals and an array of other services.

Children receive vision and hearing screenings. Dentists visit Head Start classrooms to check teeth and refer kids to clinics that offer free or low­cost care. Registered dieticians show families how to prepare healthy meals. Specialists work with parents to help kids with learning disorders and other disabilities.

“We want to remove any barriers that may get in the way of their learning,” said Esmirna Valencia, executive director of children and family services for the Riverside County Office of Education.

The office runs 17 Head Start programs and supervises 11 school districts and one nonprofit that run their own Head Start locations.

Head Start parents are also encouraged to participate in their children’s education.

At the Rancho Cucamonga center, dozens of parents recently learned how to garden with their kids as part of a lesson about plants and the seasons, program manager Julia Chukumerije said.

“Parents are actively involved at all the sites, but they’ve just taken it to another level,” Chukumerije said. “Something has clicked there to make it better than we normally see.”

‘WORTHWHILE INVESTMENT’

Head Start is expensive, but supporters say it pays long­term dividends.

Obama is requesting $10.1 billion for Head Start in the 2016 budget, a $1.5 billion increase from the current year. Most of the new money would expand Head Start to full­day and year­round programs at every site.

Reps. Pete Aguilar, D­Redlands; Ken Calvert, R­Corona; and Mark Takano, D­Riverside, say they support robust Head Start funding.

Riverside and San Bernardino counties together are spending about $70 million this year on Head Start.

“It’s an absolutely worthwhile investment because of the comprehensive services we’re able to provide,” said Diana Alexander, preschool services director for San Bernardino County, which runs 41 Head Start sites. “These children are coming to school hungry, with cavities, with hearing and vision problems, and with family issues ... As much as it sounds like it’s huge amount of money, there’s a need for more.”

No one is more aware of the child­care need than Kymberly Russell, who manages Head Starts in Murrieta and Temecula that have long waiting lists.

Many children in the program come from disadvantaged backgrounds. Some live in foster homes or their parents didn’t finish high school and are unemployed. Others arrive with limited English skills.

Russell said they don’t just learn to write their names, pronounce four­syllable words and figure out the difference between an octagon and a hexagon.

They learn how to pour their own milk, brush their teeth, wash their hands and go to the bathroom by themselves, she said.

“We have students who come here not knowing how to feed themselves,” said Laura Martinez, program manager at the Head Start at Arlanza Elementary School in Riverside, one of the county’s oldest sites.

‘BUILDING BLOCK’

Martinez watched one recent afternoon as preschoolers practiced English while eating teriyaki chicken. http://www.pe.com/common/printer/view.php?db=pressenterprise&id=767929 2/3 5/26/2015 Print Article: EDUCATION: Head Start preschools mark 50 years of helping David Vasquez, 4, smiled as he asked instructional assistant Boris Sanchez for another serving.

“I like Chinese food,” he told his friend, Damian Zarate, 5. “It’s just like chicken nuggets.”

In another room, teacher Valentina Lopez complimented children for showing good table manners.

“I like the way you’re serving your milk,” she said to one. “I like the way you’re biting your apple,” she told another.

Alejandra Franco remembers having fun with her peers when she was in Head Start.

The daughter of Mexican immigrants, she overcame a physical disability that led to a partial paralysis of her body and also affected her brain. She’s graduating next month as valedictorian at Desert Mirage High School in Thermal and is on her way to USC in fall with hopes of becoming a lawyer.

As a 3­year­old, she had a Head Start teacher who “gave me the extra push and extra attention I needed.”

Interacting with other kids at Head Start made her feel better about herself, she said.

“Seeing other children my age walking and talking and learning so much gave me the desire to be like them,” said Franco, a 17­year­old Thermal resident. “It was the building block of my education.”

Contact the writer: 951­368­9292 or [email protected]

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http://www.pe.com/common/printer/view.php?db=pressenterprise&id=767929 3/3 5/26/2015 Emergency response training to be offered ­ Gate House

Print Page By Staff reports

May 26. 2015 8:51AM

Emergency response training to be offered

The Barstow Fire Protection District, City of Barstow and San Bernardino County Office of Emergency Services will present a free basic Community Emergency Response team training on June 13, 20 and 27. The sessions will be held from 8 a.m. to 5 p.m. each day at the Barstow Fire Protection District Headquarters Building, Station 361, at 861 Barstow Road. The class is limited to 25 people who reside within the district. For additional information, call CERT coordinator Dale F. Milligan at 760­985­5513 or City Clerk JoAnne Cousino at 760­255­5122.

http://www.desertdispatch.com/article/20150526/NEWS/150529931 Print Page

http://www.desertdispatch.com/article/20150526/NEWS/150529931/12985/NEWS?template=printart 1/1 5/22/2015 Powerball winner creates foundation in Fontana to help children, seniors, and persons in need ­ Fontana Herald News: News

Powerball winner creates foundation in Fontana to help children, seniors, and persons in need By RUSSELL INGOLD | Posted: Friday, May 22, 2015 11:17 am When Fontana resident Jack Long won the $60 million Powerball drawing last year, he promised that he would use a good portion of the money to help his local community. This year, and for years to come, he is making good on his promise. Long, assisted by many other civic­minded individuals, has created the Fontana Foundation of Hope, which has already helped fund several worthwhile projects. Logo created for Fontana Foundation of Hope "Why God has so much faith in me, I don't know ­­ but I sure am not going to let him down," said Long, Jack Long (back row, center) stands with whose foundation celebrated the selection of its some of the participants in the logo contest official logo on May 18 at the Fontana Art for the Fontana Foundation of Hope. Association.

More than 50 Fontana students participated in a contest to design the new logo, which reflects the foundation's vision statement: "Helping families and communities by providing hope and resources to children, seniors, and those who are in need." After her entry was chosen by a panel, Ariana Gomez, a sixth­grade student at Southridge Middle School, received a $500 prize from Long and other partners in the foundation.

Long said he is very pleased to be able to "watch the tears and smiles on the faces" of those who are being helped. "It feels so good to see people happy," he said. "I'm overjoyed." Recently the foundation donated $5,000 toward Advanced Placement (AP) and International Baccalaureate (IB) test fees for students in the Fontana Unified School District, significantly easing students' financial burden. "This allowed 200 more students to take the tests than a year ago," Long said. The foundation also gave funds to local sports leagues recently, and many other donations will be taking place after the foundation's building officially opens in the upcoming months. http://www.fontanaheraldnews.com/news/article_c859f07a­00ae­11e5­a696­7ba69c2164a3.html?mode=print 1/2 5/22/2015 Powerball winner creates foundation in Fontana to help children, seniors, and persons in need ­ Fontana Herald News: News Long said he is thankful for all the people who have helped make this project a reality. "Without them, we would not have made it this far," he said. "We've come a long way." Now a senior citizen, Long said he was an "adrenaline junkie" as a child, but being involved in the foundation "is by far the best adrenaline rush I've had in my life." In the logo contest, Nicole Chen took second place and a $300 prize, while Alejandra Camacho came in third place and won $100. Gloriana Mariana (fourth place) and Irene Uribe (fifth place) also received honorable mention prizes.

http://www.fontanaheraldnews.com/news/article_c859f07a­00ae­11e5­a696­7ba69c2164a3.html?mode=print 2/2 5/26/2015 Ontario airport bill clears California Assembly Ontario airport bill clears California Assembly By Liset Marquez , Inland Valley Daily Bulletin sbsun.com

An Assembly bill that would allow Ontario to issue bonds to finance the acquisition of L.A./Ontario International Airport from Los Angeles was approved by the state Assembly on Friday.

Assemblyman Freddie Rodriguez, D­Chino, and Assemblyman Jimmy Gomez, D­Los Angeles, co­authored AB 1455, which allows Ontario to secure the bonds from future revenues and charges from the airport. Although the bill doesn’t transfer the airport to Ontario, it creates the framework for financing if a transfer were to occur.

“A solution can be reached only through an approach that respects both interests. The introduction of this legislation is to be a vehicle for a mutually acceptable agreement on Ontario Airport,” Gomez said in a statement.

Rodriguez said he hopes the bill will spur negotiations between Ontario and Los Angeles, which have stalled due to an ongoing lawsuit for local control.

“It does send a message that people do see the need for local control,” said Rodriguez about the 75­0 vote.

The bill has received support from a coalition of state legislators representing San Bernardino, Los Angeles, Riverside and Orange counties.

Ontario City Manager Al Boling said he appreciated the efforts by Gomez and Rodriguez to help Ontario regain control of the airport.

“The fact it had such bipartisan support shows this is a regional issue and a regional airport, not just an Ontario issue,” he said.

Ontario created the Ontario International Airport Authority to oversee the operation of ONT if a transfer were to occur. The authority would have the ability to issue bonds on its own, but Ontario has not been able to come to an agreement with Los Angeles on the value of the airport.

Jeff Millman, spokesman for Los Angeles Mayor Eric Garcetti, said, “Los Angeles looks forward to future talks with our Inland Empire colleagues on a fair transfer of ownership of Ontario Airport.”

Rodriguez said he expects to meet with representatives from Garcetti’s office and Gomez in the near future to discuss negotiations and whether there can be a more timely transfer.

In June 2013, Ontario filed a lawsuit against L.A. and Los Angeles World Airports, the L.A. agency that operates ONT, Los Angeles International Airport and Van Nuys Airport. The suit aimed to transfer control of the Ontario airport to an Inland Empire authority and argues that LAWA has failed to develop air service in Ontario since 2007. http://www.sbsun.com/business/20150522/ontario­airport­bill­clears­california­assembly 1/2 5/26/2015 Ontario airport bill clears California Assembly Officials in Los Angeles have said the steep drop in passenger traffic was the result of a shift in the airline industry to reduce service out of smaller airports, like ONT, and instead focus on major hubs such as LAX.

In legal proceedings earlier this year, a Riverside Superior Court judge dismissed the claims that could have reverted control back to an Inland Empire delegation. Ontario is still seeking damages on three claims — breach of fiduciary duty, contract and covenant of good faith and fair dealing — when the case goes to trial on Aug. 17 in Riverside Superior Court.

Rodriguez said the bill will now go to the state Senate for approval and the plan is to have it signed by Gov. Jerry Brown by September. The assemblyman said he will meet with any senators in the next couples of weeks who may have questions or concerns about the bill.

“This is one step closer in the process to moving it forward, but it speaks volumes here in Sacramento,” he said.

http://www.sbsun.com/business/20150522/ontario­airport­bill­clears­california­assembly 2/2 CASSIE MACDUFF: San Bernardino faces cluttered path to comeback May 24th, 2015, 2:43 pm ·

The statistics rattled off by San Bernardino’s bankruptcy experts last week were startling:

San Bernardino is the poorest large city in California, and the second poorest in the nation, after Detroit.

The Parks and Recreation Department offers no youth recreation programs.

The library’s public computers are 6 to 8 years old and there’s no money in the budget to replace them (or to buy books, for that matter).

Police and firefighters – whose pensions have been blamed for the city’s insolvency – have salaries lower than their peers in like-sized California cities.

And non-public-safety employees have gone without raises for 10 years.

Any one of those points is cause for concern.

Cities with high poverty and crime rates, like San Bernardino, need recreation programs to keep kids out of trouble.

As for the library, if any city needs a vibrant one, San Bernardino does.

Families who can’t afford to buy books to read to their toddlers need to be able to check them out of a library. Reading to children improves how they will do in school, putting them on the path to a productive life.

People who don’t own computers need access to library computers to search job postings, fill out applications, write resumes and more.

Libraries offer literacy programs for adults who can’t read. Reading skills enable them to get better jobs, State Librarian Greg Lucas said in an interview last week. People who earn more pay higher taxes; overall quality of life improves. Can the state library system help San Bernardino? I asked Lucas. Unfortunately, the last statewide library bond passed in 2000, and the money has long since been spent.

But the city library’s governing board could seek castoff computers from universities or businesses that are replacing theirs, Lucas said; Riverside’s libraries, for example, get used computers from local law firms. It’s just one idea.

Until San Bernardino gets back on its financial feet, that’s the kind of outside-the- box solutions it will have to seek.

Much of the blame for San Bernardino’s situation obviously falls on past elected leadership.

But the city was also battered by forces beyond its control: the closures of Norton Air Force Base and BNSF’s maintenance yard, both major employers; the Great Recession of 2008; absentee landlords owning much of the housing.

Sadly, the chances of attracting retail development have worsened, said City Manager Allen Parker, pointing out that Redlands’ thriving Citrus Plaza is doubling in size, and Rancho Cucamonga’s Victoria Gardens is a magnet for shoppers and diners.

With those centers to its east and west, San Bernardino is unlikely to score a big retail development.

What’s more, the elation over winning an Amazon fulfillment center has been tempered by the state’s decision to exempt online orders from sales tax and instead charge use tax. That money goes to the county, which passes along a small share to the city, Parker said.

Fulfillment centers and distribution centers do provide jobs – Amazon hired a couple thousand, Parker said. But they aren’t sales tax generators.

San Bernardino’s consultant, Management Partners, said the bankrupt city needs to increase revenue. But how?

By renewing Measure Z, the quarter-cent sales tax passed in 2006, and expanding the utility tax, raising franchise fees and updating other fees, the consultant said. To really get the city out of trouble, voters need to revise the confusing, outdated, unwieldy charter, the consultant recommended.

But last fall, city voters rejected the key amendment – removing a section that gives police and firefighters automatic raises. So what are the chances of success?

A couple of points of clarification:

Responding to concerns that privatizing the Fire Department will end mutual aid agreements with neighboring cities, Parker said there’s precedent for such agreements with non-public fire agencies. He named the San Manuel Band of Mission Indians Fire Department. When I wrote about it last week, I called San Manuel a private agency. Spokesman Jacob Coin corrected me: It’s a tribal government fire department.

Also, the Fire Management Association was never asked by the city to forgo merit increases, as a chart in Monday’s council presentation implied, Battalion Chief Dan Harper told me. The city’s labor lawyer, Linda Daube, confirmed he’s right.

One bright spot in last week’s council hearing came from the school district: Superintendent Dale Marsden announced the graduation rate increased 4.4 percent last year, now beating the county average (79.9 percent vs. 78.6 percent). That’s exciting progress.

Now if only San Bernardino could progress on other fronts.

Contact the writer: 951-368-9470 or [email protected]

5/26/2015 San Bernardino exit plan cuts some pension costs | Calpensions

Calpensions

CalPERS, CalSTRS and other government pensions

San Bernardino exit plan cuts some pension costs

A San Bernardino plan to exit bankruptcy follows the path of the Vallejo and Stockton exit plans, cutting bond debt and retiree health care but not pensions. Then it veers off in a new direction: contracting for fire, waste management and other services.

The contract services are expected to reduce city pension costs. Other pension savings come from a sharp increase in employee payments toward pensions and from a payment of only 1 percent on a $50 million bond issued in 2005 to cover pensions costs.

Last week, a member of the city council had a question as a long‑delayed “plan of adjustment” to exit the bankruptcy, declared in August 2012, was approved on a 6‑to‑1 vote, meeting a May 30 deadline imposed by a federal judge.

“The justification from what I’m understanding from the plan — the justification for contracting is more or less to save the city from the pension obligation. Is that correct?” said Councilman Henry Nickel.

One of the slides outlining the summary (http://www.ci.san‑ bernardino.ca.us/civicax/filebank/blobdload.aspx?blobid=18717) of the recovery plan said: “CalPERS costs continue to escalate, making in‑house service provision for certain functions unsustainable.”

The city manager, Allen Parker, told Nickel “that’s part of it” but not the “entirety.”

In addition to pension savings, he said, contracting with a private firm for refuse collection now handled through a special fund is expected to yield a “$5 million payment up front” into the deficit‑ridden city general fund.

Parker said the California Public Employees Retirement System safety rate for firefighters is between 45 and 55 percent of base pay. “So if you have a fireman making say $100,000 a year, there is another $50,000 a year that goes to CalPERS,” he said.

An actuary estimated that contracting for fire services could save the city $2 million a year in pension costs, Parker said. The city expects total savings of $7 million or more a year, similar to a Santa Ana contract with the Orange County Fire Authority.

http://calpensions.com/2015/05/26/san­bernardino­exit­plan­cuts­some­pension­costs/ 1/4 5/26/2015 San Bernardino exit plan cuts some pension costs | Calpensions Unlike other unions, firefighters have not voluntarily agreed to help the struggling city by taking a 10 percent pay cut and foregoing merit increases. The cost of firefighter overtime has averaged $6.5 million in recent years.

After the court allowed the city to overturn a firefighter contract requiring “constant manning” last year, the city expected reduced staffing during off‑hours. But overtime has not decreased, wiping out anticipated savings of $2.5 million this year.

Negotiations with the firefighters are difficult, Parker said, and their union has filed several lawsuits. He said the situation is “out of hand” and “can’t be contained,” part of the reason for the plan to contract for fire services.

The city expects fire service bids from San Bernardino County and others. A private firm, Centerra, has shown interest. Councilman Nickel said a legislator called about contracting with a private firm, suggesting “concern at the state level.”

Parker said a contract with a private firm would need a mutual aid agreement with neighboring government fire services. He said a San Manuel private fire service has been accepted by a fire chiefs association that manages the regional agreements.

Contracting for police services is not planned. Parker said the “one possible agency,” the San Bernardino County Sheriff‘s Department, made a $60 million proposal in 2012, reaffirmed last year, that would not yield city savings.

Fire and waste management are the biggest opportunities for savings and revenue among 15 options for contracting city services listed in the recovery plan (http://www.ci.san‑ bernardino.ca.us/civicax/filebank/blobdload.aspx?blobid=18718) summary. City employees are expected to be rehired by contractors.

Estimated annual savings are listed for contracting five other services: business licenses $650,000 to $900,000, fleet maintenance $400,000, soccer complex management $240,000 to $320,000, custodial $150,000, and graffiti abatement $132,600.

(https://calpensions.files.wordpress.com/2015/05/berdoo2.png) http://calpensions.com/2015/05/26/san­bernardino­exit­plan­cuts­some­pension­costs/ 2/4 5/26/2015 San Bernardino exit plan cuts some pension costs | Calpensions San Bernardino plan to return to solvency

In the 1960s, San Bernardino was the “epitome of middle‑class living,” said the plan summary, and then a “profound and continuous decline” turned it into the poorest California city of its size (214,000).

Median San Bernardino household income was at the California average in 1969, an inflation‑ adjusted $54,999, before steadily falling by 2013 to $38,385, well below the state average of $61,094.

Financial trouble began before the recession. A unique form of government created “crippling ambiguities” of authority among the city manager, mayor, council and elected city attorney, leaving no one clearly in charge as the city slowly sank.

When the reckoning finally came in 2012, San Bernardino faced an $18 million cash shortfall and an inability to make payroll. After an emergency bankruptcy filing, the city became the first to skip its annual payments to CalPERS.

Now the skipped payment of $14.5 million is being repaid over two fiscal years with equal installments of about $7.2 million. The recovery plan also said with no elaboration: “FY 2019‑20: $400,000 annually in penalties and interest.”

Replying to Nickel last week, the city manager explained why, if most employees are to be replaced by contract services, the plan does not propose to cut CalPERS debt. The city’s pensions have an “unfunded liability” of $285 million and are 74 percent funded.

Parker said the plan protects pension amounts already earned by city employees, even with a new employer, and like the Stockton and Vallejo plans reflects the view that pensions are needed to compete with other government employers in the job market.

“We naively thought we could negotiate more successfully, but that didn’t necessarily happen,” Parker said of mediation with CalPERS. An early plan called for a “fresh start” stretching out pension payments, yielding small savings in the first years.

And like Vallejo but not Stockton, which said from the outset it did not want to cut pensions, Parker said there was fear of a costly and lengthy legal battle with deep‑pocketed CalPERS, possibly all the way to the U.S. Supreme Court.

One of the unique provisions in the San Bernardino city charter, which voters declined to overturn last year, bases police and firefighter pay on the average safety pay in 10 other cities, not labor bargaining.

Despite that link, police and firefighter compensation is said to be 8 to 10 percent below market because of low benefits. The bankrupt city stopped paying the employee CalPERS share and raised police and firefighters rates to 14 percent of pay.

hHigher pension contributions from employees saved the city about $8 million last fiscal year, thettp://calpensions.com/2015/05/26/san­bernardino­exit­plan­cuts­some­pension­costs/ 3/4 5/26/2015 San Bernardino exit plan cuts some pension costs | Calpensions Higher pension contributions from employees saved the city about $8 million last fiscal year, the plan said. Retiree health payments were reduced from a maximum of $450 per month to $112 per month, saving $213,750 last year.

“The filing of the plan is only the beginning of a long and very difficult process regarding confirmation and continued litigation with some of our creditors,” the city attorney, Gary Saenz, told the city council last week.

(https://calpensions.files.wordpress.com/2015/05/berdoo.png)

Reporter Ed Mendel covered the Capitol in Sacramento for nearly three decades, most recently for the San Diego Union‑Tribune. More stories are at Calpensions.com. Posted 26 May 15

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http://calpensions.com/2015/05/26/san­bernardino­exit­plan­cuts­some­pension­costs/ 4/4 5/26/2015 Resident sues Apple Valley ­ Gate House

Print Page By Steve Hunt and Gary Brodeur Staff Writers

May 25. 2015 5:15PM

Resident sues Apple Valley

APPLE VALLEY — Alleging that the town of Apple Valley's actions are reminiscent of those that fostered corruption scandals in Bell and Irwindale, an Apple Valley woman filed a lawsuit against the town last week.

Leane Lee accuses town officials of violating the U.S. and state constitutions, California's Public Records Act, Proposition 218 and of engaging in a shell game with residents to keep them from seeing how taxpayer money is being spent.

Lee also accuses the town of misusing attorney­client privilege to prevent the public from learning how public funds are being used or transferred.

Her civil lawsuit was filed in San Bernardino Superior Court on Wednesday. A hearing has been scheduled Nov. 17 in the same court.

Apple Valley spokeswoman Kathie Martin said "we can't comment on litigation at all."

Town Attorney John Brown did not respond to an email or phone message seeking comment on Friday. Martin said in a text message that she recalled seeing a claim denied, but added "that's all I would be able to tell you at this time."

The Daily Press also left a telephone message seeking comment from Town Manager Frank Robinson on Saturday.

Lee said she requested accounting records and contracts from the town but was provided only some of them. That prompted her lawsuit.

Having asked for copies of contracts, invoices and warrants that are seemingly related to the town's exploration of acquiring Apple Valley Ranchos Water Company, Lee asks the Town to produce the additional records, to account for wire transfers on the public warrant register and to remove the ability of the town manager to approve "personal services contracts up to $150,000."

Lee also questions in her filing the use of reimbursements to the town attorney for third­party services provided for the town's benefit and "incorrectly categorizing those 'other' services as 'legal services.' "

"My concern is the lack of transparency," Lee said Friday.

She said the requests for the mass of records comprise her first attempt at requesting public records.

"I would not say they are all related, except they all relate to the expenditure of funds," Lee said.

She said she doesn't expect to get the records she requested until after the Nov. 17 court hearing.

In her 18­page filing, Lee says "the conduct of the public's business should not be a game of hide and seek with the public funds and records ..." She further says the town's "demonstrated patterns of behavior, in violation of the public's rights, and in spite of the claims of being transparent, have shown complete contempt for transparency."

In her lawsuit, Lee also accuses the town of attempting to "dissuade citizens from seeking public records, or examining the financial transactions of Respondent (the Town)..."

She asks the court to force Apple Valley officials to immediately provide the records she has requested and to adhere to all state laws and government codes mentioned in her filing.

Gary Brodeur may be contacted at 760­951­6245 or [email protected]. Follow him on Twitter @DP_gbrodeur.

http://www.vvdailypress.com/article/20150525/NEWS/150529828 Print Page

http://www.vvdailypress.com/article/20150525/NEWS/150529828?template=printart 1/1 5/26/2015 Upland medical marijuana initiative proposes to lift ban Upland medical marijuana initiative proposes to lift ban By Liset Marquez , Inland Valley Daily Bulletin sbsun.com

UPLAND >> A new campaign to overturn the city’s ban on marijuana dispensaries has launched. A petition notifying the city of the intent to start circulating an initiative was filed May 19.

That was the same day a San Bernardino Superior Court judge denied a motion to hold a special election on another ballot measure related to medical marijuana dispensaries.

This petition is being reviewed by City Attorney Richard Adams, who has until June 3 to prepare the ballot title and summary, said Stephanie Mendenhall, administrative services director for Upland.

The proposed ballot measure almost mirrors the initiative set for the November 2016 election; the biggest difference is the $75,000 in licensing and inspection fees for the dispensaries has been reduced to $15,000.

The fee each dispensary would have to pay annually had become the crux of a legal battle between the city and the California Cannabis Coalition, who backed the ballot measure. City officials believe is would cost $15,000 to regulate the medical marijuana dispensaries. The fee was more than the costs to provide the services, and because the city viewed it as a tax, placed it in the next general election.

On May 19, a San Bernardino Superior Court Judge found that proponents of the November 2016 measure failed to prove that the fee was not a tax and denied their motion to place it on a special election, which would have happened this year.

“As we and other cities have seen over the last four years, bans are ineffective,” resident Felipe Rodriguez writes in the petition to the city. “They sound good but do little. Illegal dispensaries merely pay a small fine and continue operating.

The California Cannabis Coalition has also backed Rodriguez’ initiative, said Craig Beresh, the president of the coalition.

Beresh said this is a community effort, and the coalition learned about the initiative after it was filed.

“We are going to be supportive of any and every initiative statewide. We’re fighting for and standing up for patients’ rights,” he said. “I think the city is missing the boat. They could have had reasonable regulations that could have helped the city.”

Once the city attorney completes the title and summary, Beresh said the proponent will have to publish the notice of intent can then begin the process to collect signatures. Beresh said he is confident the process could be completed in three weeks.

Advertisement http://www.sbsun.com/social­affairs/20150525/upland­medical­marijuana­initiative­proposes­to­lift­ban 1/2 5/26/2015 Upland medical marijuana initiative proposes to lift ban Unlike the November 2016 initiative, Upland will not be able to contend the fee is a tax since the $15,000 fee matches the estimated costs reported by the city.

“I don’t think they’ll be able to challenge that because they testified that in court,” he said.

Under the new initiative, only three dispensaries would be allowed to operate in Upland. If this measure moves forward, the dispensaries would be in the northwest area of the city from Foothill Boulevard to the south, Airport Drive to the east and Monte Vista to the west. Portions of Cable Airport are to the north of the zone. The dispensaries would be away from schools, parks, and residential communities.

City Manager Rod Butler said he was not surprised by Tuesday’s filing.

“They’re committed to their position and intend to work through the system to the point where there are legal medical marijuana dispensaries,” he said.

But Upland officials say it is still too early to determine the time line for this petition to be placed on the ballot. It must first receive and verify the signatures.

“It will all depend on them and how quickly they gather signatures,” Mendenhall said.

Prior to the November 2016 initiative, an initiative was circulated in an attempt to overturn the city ordinance. In 2012, Aaron Sandusky, then president of G3 Holistics, started a measure but it failed when the group failed to properly publicize it.

Butler said, prior to his tenure in Upland, he heard there was also another effort to launch an initiative, but the group never gathered signatures.

“We’ve got to see if they follow through and go ahead from there,” he said.

Liset covers the cities of Upland, Claremont, Rancho Cucamonga as well as LA/Ontario International Airport. Reach the author at [email protected] or follow Liset on Twitter: @JournaLiset.

Full bio and more articles by Liset Marquez Back to top

Liset Marquez

http://www.sbsun.com/social­affairs/20150525/upland­medical­marijuana­initiative­proposes­to­lift­ban 2/2 5/26/2015 Pot delivery service targets Barstow ­ Gate House

Print Page By Mike Lamb Staff Writer

May 25. 2015 12:01AM

Pot delivery service targets Barstow

BARSTOW — A medical marijuana delivery service says it is making $25,000 worth of transactions a month in the Barstow area and it expects that to increase.

The business, Bud­eze, has filed for a business license with San Bernardino County and a fictitious business listing appeared in the Barstow Desert Dispatch. The listing only shows a P.O. box for its mailing address and the owner is listed as Wellness Innovations.

"Yes, we do have a lot of patients," said Bobby Brooks, who identified himself as a Bud­eze representative.

Medical patients and their designated primary caregivers may legally possess and cultivate (but not distribute or sell) marijuana in California if they have a physician's recommendation or approval. But many cities and counties have local ordinances with zoning regulations for dispensaries.

A City of Barstow ordinance that was approved in 2011 prohibits medical dispensaries or any other facility or use which involves the distribution of drugs or other substances which it is illegal to distribute or possess under state or federal law.

Brooks said the business has been open for two years and only delivers to customers who possess a medical marijuana identification card.

"We are very hush­hush," Brooks said. "If you don't have a medical reg, you are not in the system, (and) we will not be able to deal with you. We are pretty much underground. We are doing our thing for medical marijuana patients. People who need the marijuana."

Although Bud­eze deals with customers in the Victor Valley and even from Las Vegas, Brooks said Barstow is their "biggest money maker." He said that about 65 percent of their patients are elderly with chronic illnesses such as diabetes and back pain.

Brooks said customers make arrangements by calling or by sending an email. He said the operation is very secure.

"We don't need the police kicking in our doors," he said.

But Bud­eze is not the only medical marijuana service delivering in the Barstow area, according to weedmaps.com. That website says it aims to provide "a community" for marijuana users to "freely discuss and review" local cannabis services.

The site lists The Stash Spot, Healing Center Delivery, Mrs. Hollywood and Organicare, Laughing Grass Hydrations, The Herb Garden and The Plug as all doing business in Barstow.

Weedmaps can be filtered to show doctors or dispensaries/delivery services. On the site, doctors are displayed as blue, pin­shaped icons with a stethoscope. Dispensaries are displayed as large pin­shaped icons with marijuana leaves. The icons range in size and color, depending on reviews and whether the dispensary is "featured," which usually are dispensaries with more resources and funds for advertising. Delivery services are listed as small green trucks with marijuana leaves on them.

Lt. Mike Hunter with the Barstow Police Department said he had no information on Bud­eze.

"We do investigate these services when we receive information about them or when our investigations lead us to them," Hunter said.

Mike Lamb can be reached at 760­475­8337 or [email protected]. You can also follow him on Twitter@mlambdispatch.

http://www.desertdispatch.com/article/20150525/NEWS/150529954 Print Page

http://www.desertdispatch.com/article/20150525/NEWS/150529954?template=printart 1/1 5/26/2015 Print Article: MORENO VALLEY: Warehouse developer wants $100 million worth of help, city says

MORENO VALLEY: Warehouse developer wants $100 million worth of help, city says BY IMRAN GHORI 2015­05­22 19:33:20

The developer of the massive World Logistics Center is negotiating with Moreno Valley officials over how much the city could contribute to pay for streets and other improvements needed to support the project.

But the parties disagree over the price tag and nature of the request.

City officials say Highland Fairview CEO Iddo Benzeevi has asked the city to shoulder more than $100 million worth of infrastructure projects. But in a Friday, May 22 statement, Benzeevi said “Highland Fairview has not requested the city to contribute any money for infrastructure for the World Logistics Center.”

Some current and past council members say the company may not have sought cash but did ask the city to ultimately bear some costs for streets, sidewalks, freeway interchanges and other projects.

A recent environmental study for the proposed 40.6 million­square­foot warehouse complex on the city’s east end refers to the proposed development agreement. It also includes two early drafts.

City officials are not saying if the final agreement will be made public before a planned June 11 Planning Commission hearing on the project.

Last week, Councilman Jeffrey Giba proposed that the project’s fate be decided by voters instead of the city council, but did not say whether the agreement would also be subject to voter approval.

Benzeevi, who has spent heavily to support city council candidates, touts the project as an economic boon for Moreno Valley, creating 20,000 jobs and pumping millions into the local economy. But the project has been controversial due to concerns about increased traffic and pollution.

The development also has come under scrutiny as part of an FBI and Riverside County District Attorney’s Office probe in which the Highland Fairview office and homes of four council members were raided in April 2013. No charges have been filed, but authorities say the investigation is ongoing.

YEARS OF TALKS

Negotiations for the pact began in 2012 and two drafts have so far been released. Pages intended to detail the needed improvements and who would pay for them are left blank.

In an interview last year, then­Mayor Tom Owings, Assistant City Manager Tom DeSantis, former Community Development Director John Terrell and Chief Financial Officer Rick Teichert confirmed that Highland Fairview wanted the city to contribute $100 million in improvements.

Last week, DeSantis and City Manager Michelle Dawson declined to provide details of what is being negotiated and said the document would be available once a final accord is reached.

“That was a starting point,” DeSantis said. “It doesn’t reflect the current state of negotiations.” http://www.pe.com/common/printer/view.php?db=pressenterprise&id=767990 1/3 5/26/2015 Print Article: MORENO VALLEY: Warehouse developer wants $100 million worth of help, city says City officials also say they aren’t sure if the agreement would be presented for a council vote at the same time as the project or later.

“Preferably, they would go hand­in­hand, but it’s not necessary,” Dawson said.

City Councilman George Price, who represents District 3 where the project is proposed, said the developer is now seeking as much as $150 million worth of city improvements.

“We’re nowhere close to any agreement as far as I was told,” he said. “Staff is still negotiating with Highland Fairview and there’s a lot of unresolved issues.”

Price said he once asked Benzeevi what he expected the city to contribute and was told “whatever the city could afford.”

Developers of other recently approved warehouse projects in the city did not make similar demands, Price said.

“Prologis, Amazon, they didn’t ask us to do their infrastructure,” Price said. “To ask us to do $100 million worth of infrastructure, where are we going to get the money? We can’t do a million dollars worth of infrastructure.”

Mayor Jesse Molina said he couldn’t discuss details, but said the city’s finances are a concern.

“I gave them direction not to give away the farm,” he said.

‘FAIR SHARE’

In his statement, Benzeevi said “Highland Fairview will provide all of its fair share of the infrastructure required to support the World Logistic Center.”

In an e­mail, Benzeevi’s spokeswoman Andrea DeLeon, did not answer whether the company expects the city to pay for some infrastructure as well.

In an interview Friday, Owings said that, when he was mayor, Benzeevi long insisted on the city contributing at least $100 million by finding city resources and directing them to the project.

“He’s asking for infrastructure, which you don’t get infrastructure for free,” Owings said. “That’s parsing.”

At an April 2013 council meeting, city officials estimated that the warehouse complex would need $550 million worth of improvements such as streets, sewer lines, sidewalks, a new fire station, utility lines and traffic lights. It also discussed the likelihood of some city funding for some of the work.

To support the project, several major roads such as Theodore Street and Gilman Springs Road would need to be widened. Some new roads to provide access in and out of the project would have to be built. Also interchange improvements are needed on Highway 60 at Theodore Street, Gilman Springs Road and Redlands Boulevard.

An economic development plan approved in 2013 listed a top goal as cooperating with “Highland Fairview in the formulation of a development agreement to create a public­private partnership to help facilitate the development of new public infrastructure in eastern Moreno Valley associated with the World Logistics Center.”

City officials say they do not have a full plan laying out the complete infrastructure needs and budget.

“The specific plan calls for construction over a number of years,” DeSantis said. “It would be impossible to determine with great specificity what the particular infrastructure costs are.”

POSSIBLE PLANS

When he was on the council, Owings said he asked for a study session to discuss the agreement, but it was never held. He said city officials kept discussions secret with the intent of “bringing it up last minute and forcing the council to a decision.” He said that was one issue that led to his falling out with former City Manager Henry Garcia, who resigned after the council discussed his possible dismissal.

Garcia had put together a plan in which the city would pay 25 percent of the infrastructure costs, Owings said. Part of the city’s contribution would come from redirecting $25 million from its share of the Transportation Uniform Mitigation Fee program – a pot of money from development fees collected by a regional government http://www.pe.com/common/printer/view.php?db=pressenterprise&id=767990 2/3 5/26/2015 Print Article: MORENO VALLEY: Warehouse developer wants $100 million worth of help, city says agency – to Theodore Street, he said.

The rest was to be done through bond financing, in which the city would borrow against future tax proceeds from the World Logistics Center project, Owings said. However, that would have required the city to front costs for the first five or six years through its general fund, he said.

During negotiations last year, Teichert, the city’s chief financial officer, analyzed bond financing as the city’s mechanism for finding the money. Such an arrangement would cost the city $5 million to $8 million a year in debt service, financed entirely from the city’s general fund, Teichert determined.

The city already has $139.7 million in outstanding debt and pays about $10.3 million annually in debt service.

Moreno Valley’s budget continues to remain precarious.

The proposed spending plan for the next two fiscal years includes few increases. Council members have discussed potential cuts and tax increases to balance the budget as they face rising police and pension costs.

Price said taxpayers shouldn’t have to shoulder the costs of the warehouse project.

“The city certainly doesn’t have that kind of money,” he said.

Contact the writer: 951­368­9558 or [email protected]

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NEW S RIVERSIDE COUNTY: Planning commissioner resigns, cites "incompatibility" with supervisor May 22nd, 2015, 9:27 am ·

Former Riverside County Planning Commission member John Petty COURTESY OF RIVERSIDE COUNTY Riverside County’s newest supervisor needs a new planning commissioner.

Citing “the readily apparent incompatibility” with Supervisor Chuck Washington, John Petty resigned from the Planning Commission this week, effective immediately.

“For nearly seventeen years, through many difficult cases, and through one of the most prolific growth spurts of any county in the United States, it has been a great privilege serving the County of Riverside,” Petty wrote in a letter dated Wednesday, May 20 to Board of Supervisors Chairman Marion Ashley.

“I wish you and all of the Board members my very best.” Petty served on the five-member commission as Supervisor Jeff Stone’s appointee. Stone left the county when he was elected to state Senate last November, and in March, Gov. Jerry Brown appointed Washington, a Temecula councilman, to serve the remainder of Stone’s supervisorial term.

In a voicemail, Washington said he wasn’t sure what Petty meant when he said they were incompatible. He said he spoke by phone with Petty once or twice.

Washington said he wanted to appoint a commissioner “who shared my vision” and that he had interviewed potential candidates. But he praised Petty as “well very thought-of and highly regarded for his skill and expertise” and said he hadn’t firmly decided to make a change.

The commission, which typically meets twice a month, reviews and approves certain development projects. It also advises the Board of Supervisors on land- use matters.

Petty’s county website bio describes him as a longtime San Jacinto Valley resident who specializes in real estate law.

“Mr. Petty has constructed, brokered, leased, and developed commercial and residential real estate within Riverside County, and extensively in the San Jacinto Valley,” the bio read. “These numerous projects have required his involvement in nearly every aspect of the real estate profession including land planning, financing agreements, lease drafting, building and site budgets, and contract administration.”

Petty came to prominence during the 2011 fight over Liberty Quarry, an open-pit mine sought for a hilly area just south of Temecula. Hundreds of people packed special commission hearings on the quarry, which was vigorously opposed by Temecula’s City Council – including Washington – environmentalists and others.

Echoing Stone’s thoughts, Petty was highly critical of the quarry during those hearings and voted against the project. The dispute ended in 2012 when the Pechanga Band of Luiseno Indians bought part of the quarry site.

Washington said he hopes to decide on Petty’s replacement “very soon.”

Most city fountains flow amid drought

Out of 24, officials have allowed 19 to operate without restrictions

By Morgan Cook (/staff/morgan­cook/) 6 a.m. May 25, 2015

The city has decided the "Aztec Woman of Tehuantepec" fountain at Balboa Park is non­ornamental, and can therefore operate without drought restrictions. — Eduardo Contreras

San Diego’s drought restrictions mandate that ornamental fountains be turned off, but officials have enacted that rule for the city’s own fountains with a series of exclusions and exceptions that mean most water features can keep on flowing.

The San Diego Union­Tribune has obtained a list of the city’s fountains, many of them at Balboa Park. Out of 24 that are operational, 19 are described as “not an ornamental fountain by definition,” meaning they can go on operating.

Most of those that were deemed ornamental, such as the iconic Bea Evenson fountain in front of the Fleet Science Center, have been allowed to run several hours a day for maintenance reasons – that is, to keep them from drying up and cracking.

In response to questions about how the fountains are deemed ornamental or otherwise, officials said they have been making the determinations on a case­by­case basis.

“The line between whether it’s an ornamental fountain or not has to do with, for example, does it just bubble over the side slowly and recirculate, or does it shoot into the air, splashing and actually losing water,” city spokeswoman Robyn Bullard said via email.

Among those deemed not ornamental – and therefore not subject to water restrictions – by the city:

•The star­shaped “Alcazar Garden” fountain in Balboa Park, which shoots streams of water into the air.

•A fountain outside the Botanical Building that shoots water up into the air from a sculpture in its center.

•The 830­foot­long water display at the county’s Waterfront Park, which shoots jets water 14 feet into the air and onto a shallow splash pad where children can cool off and play beneath the sparkling arcs of water.

•The “Aztec Woman of Tehuantepec” fountain at the House of Hospitality in Balboa Park, which shoots streams of water from a sculpture on a pedestal into the air and the basin below.

The Union­Tribune asked why the Aztec Woman fountain isn’t considered ornamental given that its jets shoot into the air.

Bullard said that, according to conservation staff, “the interpretation of a water fountain definition is that it shoots water ‘up’ into the air. This is more of a cascade down, no different from water falling from one tier to another tier in a multi­tier fountain.”

In addition to the Evenson fountain, the other four that are listed as subject to drought restrictions are the ones at Chicano Park, the Malcolm X library, the Civic Center and at Plaza de Panama in Balboa Park. The Union­Tribune asked to see the definition that allows the “non­ornamental” fountains to go on shooting water into the air, and the city did not respond. They said some clarification of the rules may be in order.

“The distinction between ornamental and recreational fountains is not defined in the municipal code or the Water Use Restrictions ordinance,” city spokeswoman Lynda Pfeifer said by email. “There has not been a definition of ‘recreational’ provided to us by the County Water Authority after their new rules were adopted last week. An update to the Water Use Restrictions ordinance is in the works and will address this issue.”

If the city is going to send ‘water police’ to enforce water restrictions, it has a responsibility to be clear about what’s allowed and what’s not, said Livia Borak, a legal adviser to the Coast Law Group’s environmental rights foundation.

“People should be made aware of the rules they will be subject to,” Borak said.

One can certainly argue that water use that serves the public interest – like the splash pad at the popular waterfront park – should get priority over other uses, Borak said. But letting any government fountains run during the drought wastes water that is lost to evaporation, she said.

Under the city’s municipal code, anyone caught running ornamental fountains in a Level 2 drought, other than for maintenance, is subject to criminal, civil and administrative penalties. The city has not issued violations so far this year, but it has issued warning letters.

The same kinds of distinctions the city has made regarding its own fountains have also been applied to businesses that operate water features.

“The Public Utilities Department, serving in a regulatory role as the City’s water retailer, has the discretion to administratively set the guidelines to help implement the code,” city spokeswoman Lynda Pfeifer said by email.

Last year, the City of San Marcos closed splash­pad water features at five city parks to conserve water during the drought. By closing the splash pads, the city expects to save up to 12,500 gallons of water per day.

© Copyright 2015 The San Diego Union­Tribune. All rights reserved. Dave Roberts hires political crisis expert

By Joshua Stewart (/staff/joshua­stewart/) 1:56 p.m. May 19, 2015 Updated 10:24 a.m. May 20, 2015

San Diego County Supervisor Dave Roberts. — Sean M. Haffey

SAN DIEGO — County Supervisor Dave Roberts has hired a crisis communication specialist to help his political career weather accusations from former staff members.

Roberts has brought on board political consultant Gary Gartner, a personal friend and strategist for his supervisorial campaign.

“I was Dave Roberts’ campaign consultant who successfully helped get him elected in 2012. We have remained good friends and I have served as an trusted advisor since the election. I offered to help Dave respond to the increased media inquiries to be able to set the record straight and respond to the false allegations that have been made against him,” Gartner said in a statement.

Among the claims by two former aides: Roberts misused public funds, had an inappropriate relation with one of his staff members and created a hostile workplace.

In his LinkedIn profile, Gartner describes himself as a “leading strategist in California with extensive state and national experiences as a legislative and public affairs specialist skilled in strategic and crisis communication.”

Finance records from Roberts’ 2012 campaign show Gartner earned at least $22,500 as a consultant. Gartner said he and Roberts spoke at a state Democratic party function earlier this month and he started working with the first­term supervisor last week. He’s being paid by Roberts’ campaign.

“I just couldn’t sit by and allow people with their own personal and political agenda to attempt to destroy the career of one of the hardest working elected leaders I have ever worked with,” Gartner said.

The San Diego Democratic Party and San Diego Councilwoman Marti Emerald, are past clients.

Gartner spent four years as then­California Insurance Commissioner John Garamendi’s press secretary. Garamendi, who later became lieutenant governor, is now in the House of Representatives.

Gartner also was the communications director and district representative for then­state Sen. Jackie Speier, and then­Assemblyman Tom Torlakson. Speier is now also in the House and Torlakson is the State Superintendent of Public Instruction.

Gartner is teaming up with Roberts as the supervisor takes fire from former staff members. In a three­week period, four employees, all women, quit his office. His former chief of staff, Glynnis Vaughan, wrote in her resignation letter that Roberts created a hostile work environment, that his office was politicized, and the supervisor misused government resources. Then, on May 14, his former scheduler, Diane Porter, filed a formal complaint with the county. She claimed that Roberts had his staff chase political endorsements on county time, that he maintained an improper relationship with his driver, and that he offered a staffer a raise and promotion in exchange for misleading a county human resources investigation into his office. Roberts also collects a $1,000 monthly car allowance, but also hired Harold Meza, a manager at a Starbucks who then interned for Roberts, as his driver. County policy prohibits people who receive a car allowance from using other forms of transportation that cost the county money; Meza is paid $47,000 per year and uses a county car to ferry the supervisor to meetings across the county and beyond.

Porter alleges that Roberts and Meza had an improper relationship, and emails and other documents show that the two stayed in the same hotel room when they traveled together. Roberts’ new chief of staff said the supervisor complied with county policies, and that Meza had more responsibilities than just driving Roberts.

Roberts previously said that Porter’s claim contain “inaccuracies” and Gartner said the supervisor can’t say much about the allegations due to the potential for a lawsuit.

“Because of any potential litigation, Supervisor Roberts is limited in how he can respond directly to the false allegations about him and his character,” Gartner said.

© Copyright 2015 The San Diego Union­Tribune. All rights reserved.