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SAN BERNARDINO COUNTY DA REFUSES TO RELEASE INVESTIGATION INFORMATION ON TOM SCHWAB'S HOUSE DEAL
Below is the latest information on the efforts of citizens to know the details of the Transfer/Purchase of a RDA House by the City then provided for the Private Ownership of Tom Schwab as an INDUCEMENT to LIVE IN THE CITY of Grand Terrace. THE DA Refused to share the content of the Investigation File. Leaving the Citizens Questions on the transactions still not fully resolved.
This is the Specific Code the DA Used to Refuse the freedom of Information Request. You Judge if it applies in the Case of the House being Purchased from the RDA by the City and then Provided on a Month to Month Stipulation, to Tom Schwab to INDUCE him to LIVE IN GRAND TERRACE. NOTE TOM SCHWAB's Contract does not require he lives in the house that is provided. IF he chose to rent it to a 3rd party and move to Laguna Beach HE would still "Own" or have rights to the HOUSE the CITY Allegedly Purchased.
Here are the continued Problems with the Transaction:
No Public Notice was given to Sell RDA Property, to the City.. No Public Hearing took Place.
No Public Notice was given to the Provision of the House to Mr. Schwab, and no opportunity for the Public to respond to the "Sell or transfer of the Public Property" to a Private Individual.
No record shows where the City Paid the RDA for the House. These documents were requested from the City Records, and not Provided. The Request for the Records of the DA's Investigation have been refused so IF the records were discovered during that Investigation they refuse to release them. HOWEVER it is more likely that the investigation was not much more than a phone call as indicated in the content of the First Letter Addressed to Mr. Schwab.
Apparently, there was a conversation between Mr. Schwab and the DA. The DA's Statement that the House was provided due to the REQUIREMENT of the City that Mr. Schwab lives in Grand Terrace the transaction did not represent a conflict of interest.
The House was not a Requirement it was an Inducement as stated in the Contract Terms and Conditions where and when the house was provided to Mr. Schwab.
The issues are not limited to that. The process of the Transfer of the Asset from the RDA to the City for the Purpose of providing the House to Mr. Schwab is of issue. Mr. Schwab is the Director of the RDA, and the City Manager, and the Recipient of the Benefit of the Transaction. The transaction is suspect as there was no public notice and it involves 2 separate agencies and start to finish transpired in such a short space of time from idea to closed escrow that there had to be collusion, and pre planning prior to the contract amendment, and acceptance of that house.
This is the Specific Code the DA Used to Refuse the freedom of Information Request. You Judge if it applies in the Case of the House being Purchased from the RDA by the City and then Provided on a Month to Month Stipulation, to Tom Schwab to INDUCE him to LIVE IN GRAND TERRACE. NOTE TOM SCHWAB's Contract does not require he lives in the house that is provided. IF he chose to rent it to a 3rd party and move to Laguna Beach HE would still "Own" or have rights to the HOUSE the CITY Allegedly Purchased.
Here are the continued Problems with the Transaction:
No Public Notice was given to Sell RDA Property, to the City.. No Public Hearing took Place.
No Public Notice was given to the Provision of the House to Mr. Schwab, and no opportunity for the Public to respond to the "Sell or transfer of the Public Property" to a Private Individual.
No record shows where the City Paid the RDA for the House. These documents were requested from the City Records, and not Provided. The Request for the Records of the DA's Investigation have been refused so IF the records were discovered during that Investigation they refuse to release them. HOWEVER it is more likely that the investigation was not much more than a phone call as indicated in the content of the First Letter Addressed to Mr. Schwab.
Apparently, there was a conversation between Mr. Schwab and the DA. The DA's Statement that the House was provided due to the REQUIREMENT of the City that Mr. Schwab lives in Grand Terrace the transaction did not represent a conflict of interest.
The House was not a Requirement it was an Inducement as stated in the Contract Terms and Conditions where and when the house was provided to Mr. Schwab.
The issues are not limited to that. The process of the Transfer of the Asset from the RDA to the City for the Purpose of providing the House to Mr. Schwab is of issue. Mr. Schwab is the Director of the RDA, and the City Manager, and the Recipient of the Benefit of the Transaction. The transaction is suspect as there was no public notice and it involves 2 separate agencies and start to finish transpired in such a short space of time from idea to closed escrow that there had to be collusion, and pre planning prior to the contract amendment, and acceptance of that house.
Letters from the DA's OFFICE:
and then 
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6254.
(f) Records of complaints to, or investigations conducted by, or records of intelligence information or security procedures of, the office of the Attorney General and the Department of Justice, and any state or local police agency, or any investigatory or security files compiled by any other state or local police agency, or any investigatory or security files compiled by any other state or local agency for correction, law enforcement, or licensing purposes, except that state and local law enforcement agencies shall disclose the names and addresses of persons involved in, or witnesses other than confidential informants to, the incident, the description of any property involved, the date, time, and location of the incident, all diagrams, statements of the parties involved in the incident, the statements of all witnesses, other than confidential informants, to the victims of an incident, or an authorized representative thereof, an insurance carrier against which a claim has been or might be made, and any person suffering bodily injury or property damage or loss, as the result of the incident caused by arson, burglary, fire, explosion, larceny, robbery, carjacking, vandalism, vehicle theft, or a crime as defined by subdivision (b) of Section 13951, unless the disclosure would endanger the safety of a witness or other person involved in the investigation, or unless disclosure would endanger the successful completion of the investigation or a related investigation. However, nothing in this division shall require the disclosure of that portion of those investigative files that reflect the analysis or conclusions of the investigating officer. Customer lists provided to a state or local police agency by an alarm or security company at the request of the agency shall be construed to be records subject to this subdivision.
Notwithstanding any other provision of this subdivision, state and local law enforcement agencies shall make public the following information, except to the extent that disclosure of a particular item of information would endanger the safety of a person involved in an investigation or would endanger the successful completion of the investigation or a related investigation:
(1) The full name and occupation of every individual arrested by the agency, the individual's physical description including date of birth, color of eyes and hair, sex, height and weight, the time and date of arrest, the time and date of booking, the location of the arrest, the factual circumstances surrounding the arrest, the amount of bail set, the time and manner of release or the location where the individual is currently being held, and all charges the individual is being held upon, including any outstanding warrants from other jurisdictions and parole or probation holds.
(2) Subject to the restrictions imposed by Section 841.5 of the Penal Code, the time, substance, and location of all complaints or requests for assistance received by the agency and the time and nature of the response thereto, including, to the extent the information regarding crimes alleged or committed or any other incident investigated is recorded, the time, date, and location of occurrence, the time and date of the report, the name and age of the victim, the factual circumstances surrounding the crime or incident, and a general description of any injuries, property, or weapons involved. The name of a victim of any crime defined by Section 220,261, 261.5, 262, 264, 264.1, 273a, 273d, 273.5, 286, 288, 288a, 289,422.6, 422.7, 422.75, or 646.9 of the Penal Code may be withheld at the victim's request, or at the request of the victim's parent or guardian if the victim is a minor. When a person is the victim of more than one crime, information disclosing that the person is a victim of a crime defined by Section 220, 261, 261.5, 262, 264,264.1, 273a, 273d, 286, 288, 288a, 289, 422.6, 422.7, 422.75, or 646.9 of the Penal Code may be deleted at the request of the victim, or the victim's parent or guardian if the victim is a minor, in making the report of the crime, or of any crime or incident accompanying the crime, available to the public in compliance with the requirements of this paragraph.
From the County Records on the Sale of the Property:
Documents of Record: Found: County Records
20040596977
08/18/2004 3 Substitution of Trustee
Reconveyance SCHWAB THOMAS (R)
GRAND TERRACE CITY COMMUNITY REDEVELOPMENT AGENCY (E)
08/18/2004 3 Substitution of Trustee
Reconveyance SCHWAB THOMAS (R)
GRAND TERRACE CITY COMMUNITY REDEVELOPMENT AGENCY (E)
20040596977
08/18/2004 3 Substitution of Trustee
Reconveyance GRAND TERRACE CITY COMMUNITY REDEVELOPMENT AGENCY (E)
FIRST AMERICAN TITLE INSURANCE COMPANY (R)
08/18/2004 3 Substitution of Trustee
Reconveyance GRAND TERRACE CITY COMMUNITY REDEVELOPMENT AGENCY (E)
FIRST AMERICAN TITLE INSURANCE COMPANY (R)
SCHWAB, THOMAS J SO 100.B 08/09/2000 08/09/2000
NONE 20000286267
NONE 20000286267
CITY OF GRAND TERRACE SO 100. B 08/09/2000 08/09/2000 08/08/2000 20000286266
GRAND TERRACE COMMUNITY REDEV AGENCY SO 100. B 07/12/1999 07/12/1999 08/08/2000 19990291878
MOYA, SANDRA J SO 100.B 04/23/1999 04/23/1999 07/11/1999 19990172870
GRAND TERRACE COMMUNITY REDEV AGENCY SO 100. B 07/12/1999 07/12/1999 08/08/2000 19990291878
MOYA, SANDRA J SO 100.B 04/23/1999 04/23/1999 07/11/1999 19990172870
SECRETARY OF VETERANS AFFAIRS SO 100. B NONE 08/04/1998 04/22/1999
Dates of Transaction of Interest are in BOLD
Where is the Bank Transfer of the Money From the City to the RDA?
HOW can the City Manager get a Second on a House that the City Had Conditional Ownership of? What is tha actual Finacial Trail and Accounting Standard Practices being used to record the Payment for the House?
This would be FULL DISCLOSURE, and then the correctness of the transaction could be evaluated in FULL. Not over the phone.
