Friday, December 18, 2009

UPDATE on Cortes / Berry / Schwab Investigations

There seems to be no public information as to the status of the Cortes Conflict of interest that has been brought to the attention of the DA's Office.

In addition the DA's Office has not released any information on an Investigation into the Cover Up of a Criminal Investigation for alleged crimes perpetrated by Steve Berry and then not brought to the DA's Office upon the request of Tom Schwab. This obstruction of Justice or a Criminal Investigation included the Sheriff's Office and the Investigating Officers.

Yet, Council Member Jim Miller's case moves slowly through the courts.

It is time the DA's Office either drops or reduces the charges on Jim Miller or start filing charges on Cortes / Berry / Schwab for the transgressions which exceed those by Jim Miller tenfold.

The DA's paying his wife for campaign work during a non election year stinks more than Jim Miller voting on a consent calender for Services Rendered by the only local news paper in Grand Terrace that is fully owned by his wife, with services negotiated by Schwab and Berry without City Council Approval.

Update on the Council Member Miller Trial...

Action: DISPO/RESET
Date: 12/17/2009

Time: 8:30 AM

Division: S21
Hearing Status: DISPOSED
DOUGLAS M ELWELL
CLERK: CS3-CHRISTINE SPENCER
CERTIFIED COURT REPORTER: LJ-LISA JELKE CSR# LJ-10643
BAILIFF K WOODFORD
-
APPEARANCES
DEPUTY DISTRICT ATTORNEY J GORITZ PRESENT.
ATTORNEY (RT) RICHARD EWANISZYK PRESENT.
DEFENDANT PRESENT NOT IN CUSTODY.
-
PROCEEDINGS
ACTION COMES ON FOR DISPO/RESET
-
COURT FINDS THAT THE DEFENDANT FREELY, VOLUNTARILY, INTELLIGENTLY, KNOWINGLY AND EXPRESSLY WAIVES THE RIGHT TO PRELIMINARY HEARING.
AND/OR PRIORS.
-
ON MOTION OF THE DA THE COURT ORDERS DEFENDANT HELD TO ANSWER IN SUPERIOR COURT TO ALL COUNTS/ALLEGATIONS AND/OR PRIORS

HEARINGS
ARRAIGNMENT ON INFORMATION SET FOR 01/14/2010 AT 8:30 IN DEPARTMENT S26.

DEFENDANT ORDERED TO APPEAR ON HEARING DATE.
-
TIME WAIVERS
DEFENDANT WAIVES TIME FOR ARRAIGNMENT ON THE

INFORMATION
CUSTODY STATUS
CURRENT BAIL BOND CONTINUED.
CASE CUSTODY - BAIL BOND
============= MINUTE ORDER END ================

Wednesday, December 16, 2009

More Questions: For the Miller Trial.

On the Stand:

Tom Schwab:

Mr. Schwab, did Mr. Miller participate in the negotiation and approval of the contract with City News Group?

Mr. Schwab, did you advise Mr. Miller not to vote to approve payments to City News Group? Did you advise Mrs Ferre not to approve any contracts or payments to the Water Company? Did you advise Ms Cortes not to approve payments or contracts regarding Terra Loma Real Estate?

Mr. Schwab, as a "Professional" hired to be the city's professional administrator is it not part of your duty to insure that the city's operations are done in a legal and proper way?

Mr. Schwab did you fail in your professional capacity as City Manager to advert these potential problems? Did you fail to warn the Non-Professional Part Time Citizen City Council Members that they may be approaching a case of a Conflict of Interest? How many and when did you ever give such a warning and to whom?

Mr. Schwab did you initiate the contract with the Grand Terrace City News with the hidden agenda to later use it as a means to coerce Council Member Miller to agree with "Staff Recommendations" and go along with your requests and actions. To your knowledge was this issue used by Steve Berry to try to force his desires upon the Millers? If so when.

Mr. Schwab, who and when did you inform the City Council Members about the Criminal Investigation of Steve Berry and the Window Tinting? What action was taken by the City Council? How did you explain the Window Tinting to them, there were payments approved by the council at your request. When a refund was made how did you explain that to the council with out disclosing the Investigation?

On the Stand:
Mr. Steve Berry

Mr. Berry when did you inform the City Attorney, City Manager, or Jim Miller your concerns regarding the payments made to the GT City News?

Mr. Berry didn't you yourself participate in the negotiations with the GT City News for some of the services rendered and paid for. In your Professional Opinion was it ok for you to enter into a service agreement with GTCN and it was not ok for Tom Schwab to do the same?

Mr. Berry at the first contract let by you or Mr. Schwab did you ask the City Attorney if there was a possible conflict of Interest. Did you bring it up if so to who.

Mr. Berry a news paper article you said Mr. Schwab told you to drop it and not talk about the possible conflict of interest you felt so strongly about you personally continued to make arrangements for the GTCN to provide services to the city. Is that correct? To who else did you express a concern?

Mr. Berry did you ever in public say that you would bring up conflict of interest charges against Jim Miller if Margie Miller's Paper reprinted information and the story of the Criminal Investigation into the Events of the Window Tinting. Did you not include the threat for public humiliation to accompany the arrest in your attempt to force a particular action by either Mr. Miller an elected official, or Margie Miller a member of the Press?

Mr. Berry when you were angered by the City Council's decision to terminate your employment with the city is that a fair statement?

Mr. Berry what files and records were accessed by you when you were in City Hall with a Computer Technician after hours?

Mr. Berry did you think the threat of a conflict of interest charge would silence Mrs. Miller, or cause Mr Miller to support your bid to become City Manager?

Mr. Berry have you been given any indication the DA's Office has an open case on your personal activities in either the Window Tinting Case or a case of attempted coercion of an elected official?

From Email InBox: More on Cortes/Ramos/Berry

Paw:

Regardless of her personal/physical relationship with Ramos, it is clear that between Cortes and Steve Berry they brought down their clout with Ramos on poor Mr. Miller.

Now it is pointed out that charges should be made again Cortes for doing the same as what she charged Miller but no mention has been made that she probably used her clout with the DA to keep Berry free from being charged for his shenanigans. Once and for all, all these people - Ramos, Cortes and Berry should face the charges and it proven to all that they are either guilty as most think they are or their souls are as clean as the driven snow as they pretend to be.

(If Ms. Cortes feels the rumors about her are unjustified, changing her style of dressing for the male public would help make her more believable.)

Reply to above email:
Ms. Cortes does dress with a style that is a complement to her openly flirtatious conduct. During Council Meetings asking for personal cell phone numbers of Male Firemen and Sheriff Officers and others is quite frankly something I would not encourage my daughter to do at any age.
In addition I feel that MEN should know there is a spider when they see a web and be warned and cautious. If a spider bites once it will bite twice. For myself, I don't like spiders.
We clearly know that the City Staff heard Berry beg Tom not to fire him over the Investigation. We know Tom Schwab told the Sheriff Investigator not to advance the case to the DA's Office. We know that no action has yet been taken against Tom Schwab, Steve Berry or Bea Cortes. The DA should have to explain why.

Email Miller Trial Questions You'd Like to Ask:

Paw has received an Email that asks a question that can only be answered in a Court of Law Apparently. Send in questions you'd like to ask at the Miller Trial.

On the Stand: Margie Miller:

Did Steve Berry threaten to have Jim arrested and publicly humiliated if you printed the article about his past Criminal Investigation that had been covered up?

What other communication between you and Steve Berry regarding the repression of news that he may find compromising? Did he threaten you with any kind of legal action?

What paper was the first to print the article about Steve Berry? Did he have any of their staff or owners arrested?

On the Stand: Bea Cortes:

Did you and Steve Berry Bring the allegations against Mr. Miller to the DA's Office?

What is the nature of your relationship with Steve Berry?

What is the nature of your relationship with DA Ramos?

When was the first time you became aware of the Criminal Investigation of Steve Berry and the Cover Up?

Did you support Steve Berry's attempt to coerce Council Member Miller's vote for him to become City Manager, or to repress the re printing of the article about the Criminal Investigation into the Window Tinting Job?

Did you contact the media to alert them to Council Member Millers pending arrest?

Did you use your relationship with DA Ramos to have charges pressed against Council Member Miller as a punishment to Miller for not supporting Steve Berry's Bid for City Manager? Were you aware that Steve Berry made the call from City Hall to move forward the charges and have Jim Miller arrested and booked?

Did you approve a contract to pay for the GT NEWS Ads?

Did you approve a contract to pay Terra Loma Real Estate?

Did you approve payments for GT NEWS ADS?

Did you approve payments for Terra Loma Real Estate?

Did you work under the Brokerage License of Terra Loma Real Estate?

Did you have office space, phone service, and advertising associated with that relationship?

Did you ever sell a home while an associate at Terra Loma Real Estate?

When were you elected to the City Council?

When did you begin your association with Terra Loma Real Estate?

Have you ever been threatened with Conflict of Interest Charges by either Tom Schwab or Steve Berry in order to support a "Staff Recommendation" or other City Council Action?

How many years have you been on the City Council?

How many years has Jim Miller been on the City Council?

You were on the City Council during the time of the Berry Criminal Investigation?

Were you informed of the Investigation or the Cover UP?

Did you use your personal relationship with DA Ramos to have charges pressed against Council Member Miller?

Have you been charged for similar perhaps more serious activities as you voted to approve contracts of a business with which you had a professional personal relationship with?

Thank you Mrs. Cortes.

Cortes' Income Questions.Flood the InBox:

City Council Member Bertha aka Bea Cortes has become the subject of many emails.

Readers here is my answer. I DON'T Know..

I don't know where she has gotten her income if she hasn't sold a home in 3 years.

I don't know what income she has reported on her 1090 or 700 financial report forms. (You should be able to view these documents at City Hall.)

Many ask about her current residency. I don't know if she is residing full or part time in her home as many of you have asked about. I don't think you have to be a resident to actually be on the City Council. I think the requirement is to have an interest in GT opening it up to perhaps a business owner that lives in Redlands or Upland, or San Bernardino, who may have a future interest in GT as a place to live. The rule is rather open ended in GT as to who can be on the City Council.

Is there an Cortes Investigation? I don't know if there is a Real DA Investigation that is Active or On Going. IF an Investigation is Closed at some point the data is available for public release and the Press may be interested in finding those documents. This may just be a pat answer so the DA doesn't have to answer questions without a court order.

Does she really have a "Relationship with Ramos or Others"? I don't know about her personal "Relationships", I do know she used her Political Relationship to get the charges pressed on Jim Miller and have it done in a way that was the most extreme and publicly damaging. She bragged about it prior to it being done. Steve Berry made similar statements prior to Miller's Arrest, trying to squash the printing of the news of his Criminal Investigation that was covered up by Schwab and Berry and at least one Sheriff Investigator.

I do know my my assessment that her activities with Terra Loma Real Estate are much worse than those of Mr. Miller's alleged transgressions. The "Relationship" with Terra Loma included use of office space, phone / messaging services and she combined her Business Advertisement with her position on the City Council in a way that was clearly a breach of good taste if not a Clear Intended Conflict of Interest. A realtor who advertises their Political Office at the same is suggesting, hey buy from me I can make things easy at the City Council. This was an unfair use of her title if nothing else and the non cash benefits of the association have a "Value" that should be accounted for as a Payment in Kind between Terra Loma and Cortes.

I do know she has changed her explanation on several issues to protect Steve Berry , and in the long ago past Tom Schwab. Pretending no one would remember what she had said in prior explanations.

I know she said the Sentinel Lied about the investigation into Steve Berry and the Cover up of the Criminal Investigation by Tom Schwab... She never retracted her finger wagging scolding of the Sentinel when she was proven wrong with documentation.

She clearly has a questionable definition of truth, and a limited appreciation for the fact the citizens should have the right to know the facts about such investigations and cover ups. Including what happened to the gift of wine she later apparently un-gifted. Teach us all that trick.

Do I care if Ramos has a lot of women. NO. I do care about any man who fosters a hostile workplace and uses relationships of any kind as political game playing and coercion. If Ramos has done this and Cortes is party to it shame on them both. Is it a crime? Well that will be up to I guess the FBI or The State Attorney General. Is it right... NO...

Who Mrs. Cortes picks as her friends should teach us a lot. Pay attention people there will no doubt be more fall out as a result of her "relationships, and friends in high places".

Cortes Story Fact Check: From the Email InBox

Paw: The article about Ramos and Cortes is interesting however there is one fact that is easy to dispute right off. Bea or Bertha Cortes does not have a Real Estate Brokers License according to the California Agency which reports such data. She has as stated discontinued official association with Terra Loma under which she had been a Sales Associate in the past on the same Data Base. So who ever told the San Bernardino Sentinel that she got her own License Lied to them. One could assume that miss information came from Mrs Cortes the way the article reads but that would be an assumption on the part of the reader.

Yes I do think that the assumption that the Ramos/Cortes relationship is some how improper. What that relationship involves I don't know. What I do know is her business dealings at Terra Loma and as a City Council member by far cross the conflict of interest threshold. Their relationship of what ever kind it is clearly has impeded a full investigation and charges being filed against her while lessor violations by Jim Miller were filed in an extravagant form. Even if the only relationship is "Political" it is a relationship that has been used inappropriately to influence the Official Function of the Office Ramos Holds as the DA. That is sufficient cause for there to be further investigation into their relationship.

From the Sentinel:
Three months ago, after a minor controversy broke out in Grand Terrace following publicity about Cortes’ votes to approve a contract for and payments to the company she was professionally affiliated with, Cortes ceased voting on the consent calendar items related to Terra Loma, and the city’s contract for services with Terra Loma was cancelled shortly thereafter. In the same time frame, Cortes obtained her own real estate broker’s license and ended her affiliation with Terra Loma.

It is time:

If you buy a formerly living tree, buy it from the GT Fire Station.

If you buy a LIVE Tree have a plan where your going to plant or donate it to. (Perhaps an Orange Tree would be better than Pine.)

Donate food, blankets, coats, shoes and socks, to those in need. As more people are homeless, more is needed to survive the winter months. Even the working homeless need help with winter blankets to keep warm in their cars.

If you dine or shop try to shop local first. A gift coupon is available from many of our local restaurants, just ask them.

A year pass to Fiesta Village for children is a great gift that gives them a physical activity and fun that is local. Skates in Winter and Water Slide in the Summer and Mini Golf all year round.

Dance Classes or Acting Classes or a month of lessons of some sort may also be a welcome gift that can be obtained and enjoyed here in GT.

If you have no money to give, make an IOU Book of Gifts of Time. 1 Hour of Baby Sitting, or 1 Weekend without the Children, it is up to you what you have to Gift with your time.

Donate your TIME to a school, or some one who will benefit from the added TIME you can give. TIME has Value... and is also a GIFT.

Rules should be for Everyone

From the Email InBox:

Dear Grand Pa:

I am a Lion looking in a mirror and don't like what I see.

In Grand Terrace Laws, Rules and Ordinances are made and enforced on some and clearly don't apply to others who consider themselves to be exceptional and not bound to the same level of social regulations as the peons in the community. Try openly drinking in a city park or building any other time. I am ashamed of the Lion Club for feeling as though we are above the rules and laws of the City of Grand Terrace. We are not alone, but that does not make it right.

In years past and even recently clubs and organizations have used City Owned Facilities, and even City Government and Staff have had parties where alcohol was served and consumed. This is a violation of the City's own ordinances.

The Women's Club has their Christmas party at the Hilton so they can enjoy a glass of wine with their meal. However, the Lions Club and the Chamber of Commerce routinely violate the Alcohol Ban rules inside Government Buildings at City Hall or the Senior Center.

Recently the Lions used the Senior Center/Community Room a City Owned/Managed Facility for their Christmas Party. This party served alcohol and was noted by several of the Senior Villa Residents as being loud.

In addition the Senior Center Programs were adjusted so this Private Party could take place. The Lions can not have their Alcohol Drinking Party at their building because it is leased from the School District. So we took it to a City Owned / Operated Building where it is a violation of the City Ordinances and Senior Center Rules. I just went along with the group and now I feel bad about it.

I began to question what makes the Chamber of Commerce, City Management, or Lions Club exempt from the rules the rest of the citizens have to live by?

Can a Lion Roar (Party) without Alcohol? Can the Chamber of Commerce Commune (Party) without Alcohol? Can City Employees and Management enjoy a social event without Alcohol? If not our gatherings should not be in a City Owned or Managed Facility or School. Our gatherings should be held where it is legal to consume alcohol.

In addition if the Senior Citizens Center is to be a Community Room to be rented out for a party, the rates and availability should be made known to all the citizens of the community, not just a few select clubs. Sure most Lions are shall we say long in the tooth, and would not be considered Children which are banned from entering into the Senior Center unless they are an entertainment group from a school. However, we did not invite all Seniors or other Community Members to a party held in a Public Building. The Lion's Party eliminated a standing Senior Center Planned Activity.

Rules to live by aren't rules that have to be changed on a whim or for the benefit of a select few. It is time to rethink some of these Social Rules and Laws and how they are counter productive to the idea of Justice and Fairness, or just being a good neighbor.

As a Lion myself I will not attend another party like the past one and I am ashamed of the club for holding it. I apologize for the conduct of some of my fellow Lions and the disturbance we collectively caused to the Seniors and to the Residents at the Blue Mt. Villas.

Sign the email,
A Lion who is not so proud of the pride.

Monday, December 14, 2009

Health Care is a Local Issue:

Health Care Reform is a National Issue that has been avoided on this blog. However, if you look at the cost of running the city it is in fact a local issue too.

First of all what should be covered? What is reasonable cost? Who should be covered? All are good questions even at the local level.

Employees who work full time should be covered for on the job injury and basic medical coverage. Basic medical coverage includes the treatment of communicable diseases and infections. It should not cover breast implants, Viagra, or cover injury off the job. Part time employees should have the same coverage as this base. Any additional coverage for off the job injury, or for example Cancer or any other non communicative disease or disorder should be covered by an added insurance paid for by the individual not the City.

IF this were true the insurance companies could offer a Basic Medical Policy for all people at a reasonable cost. People wanting additional coverage for injury in a car accident could pay via auto insurance. If a person smokes, part of the cigarette tax should pay for medical costs. If a person skis he should have ski injury insurance specific to the risk of that activity. This could be part of the lift ticket expense or paid on an annual basis. If you drink booze the tax on that should be high enough to pay for all the injury you cause to others, and the liver transplant you may need in the future.

As for non smoking people who get cancer or get some other medical problem such as cancer. If they have chosen not to have added coverage then they die un-treated. Perhaps the good citizens will provide pain medication for the end of life. However, deciding who should get millions of dollars spent on to cure them and who doesn't get a cure is a no win situation, and should be removed from the issue of Social Basic Medical Health Services.

Why. Well, if some one has a communicable disease it will soon be available to visit upon every door step in a community. This is why infections and other communicable diseases should be covered by a Universal health program or insurance that should cost less than 100.00 per year to administer. A base line of coverage.

Back at the city level. City Council Members who at best are part time should not be getting full medical benefits and having their co-pay paid by the tax payers in addition. The part time employees who are exposed to medical risks on the job and just being in our community do not have even the Basic Medical Coverage above. Of course if hurt on the job they would be covered for an injury. They are not covered if they get Sick by being exposed to a communicable disease such as flu or cold or perhaps something more serious but curable if treated.

Is there a need for reform. Yes.

There is also a need to assess why we can justify spending thousands or millions to save one life from cancer and yet not spend 100.00 to provide basic medical coverage for the masses.

We also have to get a grip on the fact that it is ok for the guy on the street to die from cancer, than it is ok for a Senator or City Council Member to enjoy the same end. In one way or another it is likely that the Senator or City Council Member is party to the cause of the individual being on the street and sick.

Saturday, December 12, 2009

WANTED FOR ARMED HOLDUP




Photo Shopped the Picture of the Holdup Man... Keep an Eye Out..


Delay on Vote RE: Fireworks Ban

The City Council has postponed a Fireworks Ban until Jan 12, 2010.
This City Council some how will "ask for agreement or understanding" from the sports teams, yet they pass ordinance and change zoning when property owners object.

Never the less. The seller of fireworks said that the teams earned about 15,000 per year, then challenged the council to identify a fire that was a result of "Safe and Sane" fireworks. Well a few years ago Blue Mt. was Black as a result of "Safe and Sane" fireworks. That fire put us all at risk and nearly burned homes in Reche Canyon over the hill. That was one to many fires started with "Safe and Sane" fireworks thank you.

Yes there will still be some law violators in GT but all enforcement agencies agree a ban will make enforcement easier. The fire department also has stated no fireworks is better than some fireworks at many council meetings.

We have seen in GT several homes and apartments go up in fire in the recent years and there is no reason that the city should sponsor activity that will increase the risk to life, property and limb.

This has been one of the earliest issues of the blog. It is time for the Council to recognize a couple of facts. They are not likely to be re-elected so they don't have to fear the political fallout of doing the right thing and banning fireworks, eliminate the park use fees charged to sports teams.

The savings is a home, an eye, a hand, or a lawsuit in the city. With the city's last deal they could have been named as liable for death or injury or property loss in a "Safe and Sane" fire or injury. The city was a partner in the sales in as much as they approved the sale and were getting some of the income off of the sale. This partnership would make us the city subject to a lawsuit if one was filed related to "Safe and Sane" fireworks.

Walt is right. It is time to stop rolling the dice and increasing the risk to the community.

I for one have not purchased any fireworks, but will contribute to the sports teams if they do not sell fireworks.

Friday, December 11, 2009

Turning the Page.. on the Gigglers..

I would think the G.T. city council is not preparing to be re-elected next time. I knew that a few "totally" relied upon whatever staff came up with, made their voting decision based upon a Hip Shot too. Whoever survives the election will be a changed person I think.

I would think the newly elected council member changed into a person who was not the same as during previous administration. Perhaps into a more "responsible" person. My thought is the spend, spend, spend, days are over. A candidate who says they are or show some sort of lack of interest into spending and may be elected then.

ARMED AND DANGEROUS: Do you know this Guy?
This is a photo of the Holdup Man...


GRAND TERRACE, Calif. -- Robbery suspect targeted the same convenience store twice in the last four months in Grand Terrace. The latest robbery happened at the convenience store on Barton Road at about 9 p.m. on Dec. 2.
Suspect is described as Hispanic, 18 to 25 years old, around 5 feet 9 inches to 6 feet tall.


Suspect is considered armed and dangerous.
Anyone with information was asked to call the San Bernardino County Sheriff's Department's We-Tip Hotline at 1-800-78-CRIME.


IMPORTANT READ...

San Bernardino County Sentinel
Friday, December 11, 2009
GT Councilwoman Ramos’ Latest Liaison
The womanizing scandal plaguing district attorney Mike Ramos has plummeted to new depths with the revelation that his office failed to take prosecutorial action with regard to the alleged criminal activity of a woman he is purported to have been personally involved with.
While Ramos has been publicly linked with at least a dozen women who either work for him in the county prosecutor’s office or with whom his official position brings him into contact, the circumstance entailed in the most recently identified liaison is one with a public official whose only direct connection to the district attorney’s office is that she was potentially subject to prosecution though never criminally charged by the office’s public integrity unit.

Mike Ramos Bea Cortes

And while there has been mounting public scrutiny since May of Ramos’ extramarital affairs and their impact upon the function of the district attorney’s office, only one of those previously revealed affairs, which involved Ramos’ taxpayer paid trips to Sacramento to meet a woman there, involved any potential criminality. The most recently revealed of Ramos’ several dalliances represents the second time the district attorney’s indiscretions have elevated from being an unseemly controversy to one of criminal malfeasance.

Grand Terrace councilwoman Bea Cortes, who appears to have engaged in a violation of Government Code Section 1090, is the most recently identified of Ramos’ alleged paramours.

Cortes dismissed reports of a sexual relationship between her and the district attorney as exaggerated and overblown, insisting that her connection with Ramos is "professional" and "political" in nature.

Nevertheless, the level of intimacy between Ramos and Cortes allowed her to persuade Ramos to have his public integrity unit file charges against one of Cortes’ political rivals on the Grand Terrace City Council relating to activity that was nearly identical to what Cortes herself participated in but was never charged with.

Up until three months ago, Cortes for several years had a professional relationship with Terra Loma Real Estate. She also consistently voted, as a member of the Grand Terrace City Council, to approve the city’s contractual arrangement with Terra Loma as well as the consent calendars that are a part of the council’s agenda at its twice monthly meetings. The consent calendar, in Grand Terrace as in all cities, typically contains multiple items pertaining to the function of the city government, all of which are deemed non-controversial and routine matters and are bundled together so they can be approved in a single yes or no vote of the council. It is unheard of, in Grand Terrace and elsewhere, for the consent calendar not to pass and it is generally approved by a unanimous vote of the city council, although on rare occasion a dissenting vote on a consent calendar passage is registered.

In Grand Terrace as elsewhere, the consent calendar contains the city’s check register, that is, a listing of the checks that have been written to the city’s various vendors and contractors.

Among the companies that have rendered service to the city of Grand Terrace over the last several years is Terra Loma Real Estate, which provided property management services to the city. City payments to Terra Loma, as to all other companies, are made by check. Those payments are then ratified by the city council as an item on the consent calendar.

Records available to the Sentinel show that the city made 13 payments totaling $8,558.47 to Terra Loma between August 2008 and September 2009. Cortes participated in the votes to approve at least ten of those.

While Cortes insists that she did nothing illegal in casting those votes, Government Code Section 1090 prohibits an elected official from participating in a vote on any matter in which he or she has a financial interest. A payment to a business owned by that official or a business that employs the official or one with which the official is professionally affiliated is construed as having a bearing on that official’s financial interest.

In August 2009, Cortes said she had not made any money in the previous 24 months as a real estate agent with Terra Loma so she therefore had no interest tied up with the company. "I have not received money from Terra Loma Real Estate," she said. "Due to the economy I have not been able to sell any property. For two years I have not been selling any property in affiliation with them [Terra Loma] I have never sold anything for them." She said she had been working out of the Terra Loma office "a little over three years."

The sales drought, Cortes said, has lasted "at least two years."

Moreover, she said, "I spoke with the city attorney and he advised me there was no conflict."

Cortes acknowledged that she was professionally affiliated with Terra Loma Real Estate and its owner, Gene Carlstrom, but said that payments the city made to Terra Loma for property management services were not passed along to her.

Last summer, Cortes acknowledged, "I have my real estate license in his [Carlstrom’s] office. Whenever I sell any property, I have to have a licensed broker over me. He is the broker. I have my license under Mr. Gene Carlstrom."

Three months ago, after a minor controversy broke out in Grand Terrace following publicity about Cortes’ votes to approve a contract for and payments to the company she was professionally affiliated with, Cortes ceased voting on the consent calendar items related to Terra Loma, and the city’s contract for services with Terra Loma was cancelled shortly thereafter. In the same time frame, Cortes obtained her own real estate broker’s license and ended her affiliation with Terra Loma.

The councilwoman insisted that city attorney John Harper had examined the potential for conflict inherent in the circumstance that existed up until August and found her in compliance with the law, including Government Code section 1090 and any other statutes that are applicable.

Cortes said that both she and Harper deemed her votes as a member of the Grand Terrace City Council to approve the contract with Terra Loma and make the payments to it as legal.

Nevertheless, Cortes played a leading role in having the district attorney’s office investigate and then prosecute another member of the Grand Terrace city council, Jim Miller, when he cast votes ratifying that city’s consent calendar which have been construed as providing him with a financial benefit.

On July 15, Jim Miller was arrested by San Bernardino County district attorney’s investigators and charged with violating Government Code section 1090. That charge stemmed from votes Miller had made to approve the consent calendar which contained check registers that contained payments for the city’s legal advertisements that were printed in his wife’s newspaper, the Grand Terrace City News. Miller’s wife is the sole owner of that paper and two others, the Colton City News and the Loma Linda City News.

Miller had never voted to authorize Grand Terrace to purchase the ads that ran in his wife’s newspaper. The decision to run advertisements and legal notices in the Grand Terrace City News had been made by city staff members who had determined that the rates in the Grand Terrace City News were lower than or comparable to those offered by competing newspapers. Like Cortes, Miller had relied upon an assurance provided by city attorney John Harper that as long as the newspaper was his wife’s sole property, the city’s purchase of the ads from her represented for Jim Miller no conflict.

Miller’s circumstance differed from that involving Cortes and Terra Loma in that Miller had not voted to approve the city’s contract with his wife’s newspapers as Cortes had voted to approve the city’s contract with Terra Loma.

By 2008 Miller’s formerly cordial relationship with Cortes had grown somewhat strained in that he had emerged as the leading opponent to promoting then-acting city manager Steve Berry to the permanent city manager’s position. Cortes was the most enthusiastic of Berry’s supporters on the city council.

As the effort to elevate Berry to the unquestioned top municipal management post progressed, Cortes, in conjunction with Berry, undertook to compromise Miller’s authority.

Both began providing the district attorney’s office with information relating to the city utilizing Miller’s wife’s newspaper, as well as the consent calendar voting that ratified payment for city legal notices and ads that ran in that publication.

Brazenly, Cortes made this approach to the district attorney’s office despite her own parallel entanglement in the similar circumstance involving Terra Loma and the city.

The recently emerging information relating to her personal involvement with Mike Ramos explicates in good measure how it was that Cortes had the confidence to seek a prosecution of Miller when she was similarly involved in a matter involving a potential Government Code 1090 violation herself.

The clear implication is that there was an understanding that her relationship with Ramos provided her with de facto immunity from prosecution. What is more, her relationship with Ramos appears to have given her the ability to influence the district attorney’s office to take action against her political opposition.

Miller, who was arraigned on September 30, has pleaded not guilty. His attorney, Richard Ewaniszyk, has wrung from the prosecutor’s office an admission that Miller’s votes pertained merely to ratifying city staff’s issuance of checks to satisfy its legal obligations to pay for services already rendered. Ewaniszyk has vowed to force the district attorney’s office to take the matter to trial if it does not agree to dismiss the charges against his client.

Within the last fortnight, details with regard to Ramos and Cortes and their carryings-on have emerged. Attendees at the 2008 City County Conference held at the Lake Arrowhead Resort say the couple was witnessed in a host of intimacies at that function, but were unable to gauge the length or duration of the affair.

Cortes offered a somewhat equivocal disavowal of a liaison with Ramos when she was directly approached with regard to the issue by the Sentinel.

"Of course, I am denying it," she said of reports, including ones that had been posted on the Internet, relating to an affair between her and the district attorney and that they remained involved. "Who would intimate that? Who would say that?"

Cortes, who has been active in Republican circles within the county, acknowledged that she has a public association with Ramos, who is also a Republican. Nevertheless, she said, "My relationship with Mike Ramos is a professional business relationship, a political one. It is not sexual."

Jeff McConnell, who is active in Grand Terrace politics and one of Cortes’ most ardent political supporters, suggested that the reports of physical intimacy between the councilwoman and the district attorney were a misreading of the situation.

"She is active in politics and associates with many public officials and politicians," McConnell said. "That is just what she does and it is no different than what just about every other elected official does. To suggest there is something more to it than that is just not right."

Under less formal circumstances, however, Cortes has not been as discrete, engaging in rodomontade in which she has claimed Ramos as her inamorato, or otherwise alluded to those within her circle that she enjoys an uncommon communion with the district attorney on both a personal and political level.

Ramos was mum on the subject of the exact nature of his relationship with Cortes.

An examination of documents released by the district attorney’s office indicates that it was Cortes who approached Ramos and his office’s public integrity unit with regard to Miller.

According to district attorney’s office investigator Robert Ransdell, on October 27, 2008, "the district attorney’s office public integrity unit received information, which had been sent to the district attorney’s office by an informant who wished to remain anonymous. This information alleged that Grand Terrace City Councilman Jim Miller had possibly violated Government Code 1090 by engaging in a conflict of interest."

That informant has been identified to the Sentinel as Bea Cortes. According to an individual involved in Grand Terrace politics and governance, prior to Miller’s arrest, Cortes was "bragging" that she had arranged through Mike Ramos to have Miller arrested. According to the individual who spoke with the Sentinel, it is anticipated that s/he will be called to court to testify about Cortes’ statement and that s/he will at that time repeat under oath the statement made to the Sentinel.

Efforts to achieve from the district attorney’s public integrity unit an explanation as to why it had proceeded with a Government Code Section 1090 criminal filing against Miller related to his consent calendar votes pertaining to the Grand Terrace City News while declining to charge Cortes under the same code section for her votes to approve the Terra Loma contract and consent calendar items relating to payments to that company were unsuccessful.

"I have no comment, thank you," said deputy district attorney John Goritz, who is prosecuting Miller on behalf of Ramos.

At the December 2 Colton Rotary Club luncheon, Ramos was asked directly about the discrepancy between a case such as Miller’s and the circumstance surrounding Cortes and the resultant perception that his office was engaging in selective prosecutions.

"I can’t answer that," Ramos said. "There is an ongoing investigation."

At the behest of the county board of supervisors, county human services director Andrew Lamberto, county counsel Ruth Stringer and the Los Angeles-based law firm Curiale Hirschfield Kraemer are carrying out an investigation into charges of sexual harassment within the district attorney’s office, which includes allegations that Ramos engaged in affairs or made welcome or unwelcome sexual advances to employees of his office and other woman.

Among those woman publicly linked to Ramos in this way are former deputy district attorney Ann Marie Duncan; Kelly Snelling, who worked as Ramos’ campaign manager and treasurer; deputy district attorney Jane Allen; deputy district attorney Beth Houser; deputy district attorney Denise Yoakum; Brenda Rossi, a paralegal; Cheryl Barnes, an investigative technician; Megan Wagoner, an investigative technician; Cynthia Shaum, an evidence technician; Suzanne Hunter, a training consultant for the California District Attorneys Association; and San Bernardino County Public Defender Doreen Boxer. Curiale Hirschfield Kraemer has been paid $140,000 for its work in investigating the matter. It is anticipated that the firm will deliver its report on its findings, said to include confirmation of Ramos’ serial womanizing, as early as next week.


GT’s Incoming Property Taxes to Replenish Borrowed Reserves

Grand Terrace finance director Bernie Simon said alarm over the recent report that $2.9 million had been transferred out of the city’s reserves to shore up the city’s financial circumstance was understandable but misplaced.

Such borrowing is a "normal" part of the city’s yearly economic cycle, Simon said. All of the borrowed money will be returned by late May or June, when revenue due to the city from the state is passed along to the city.

"Because of the way our finances come in, it looks scary, but it is really not," Simon said. "We had 4 million in reserves as of June 30. Come September we had a lot less because we are temporarily dipping into that until we get our revenue. Our major revenue, which consists of property tax, comes in December and the end of May. The
property tax bills go out in November and May. For the most part, we don’t have a large steady stream of income in Grand Terrace. The only steady money coming to cities is sales tax. In Grand Terrace we don’t rely on sales tax because we don’t have major commercial businesses here. Cities that have a lot of sales tax see a more steady flow of cash than we do. They get their money on a monthly basis. In Grand Terrace we only get between $50,000 and $67,000 per month in sales tax. The bulk of our revenue is property tax."

Thus, the city uses property tax - or borrowing against it from the city’s reserves - to sustain operations, Simon said. In this way, the city uses money it has saved from the past and has salted away into an interest bearing account instead of borrowing money from an institution or through bond sales, thus avoiding the need to make interest payments. When the money from the state comes in, it replenishes its own reserves.

"We committed $2.9 million through September 30 but only spent $1.2 million. The $1.7 million is encumbrances in contracts this is the first time I’ve [publicly] presented a first quarterly report," Simon said. The city’s fiscal years runs from July 1 through June 30. "So this is the first time the council and the public have seen the cash flow mapped out like that in the first three months of fiscal year. It understandably caused some concern because it showed us receiving a lot less money than we spent. People should not be alarmed though, since this month - December - we’ll be getting property tax revenue and then eventually what is called the triple flip, which is the state’s reimbursement for some of the sales tax and motor vehicle and license in lieu fees that were confiscated by the state. They are now giving back to us more in the way of property tax to make up for that. That was just something the state legislature imposed on local agencies.

"So about half of the $2.9 million temporarily taken out of our reserves will be replenished this month and we’ll probably replace the rest of it around May or the beginning of June. That is because property taxes are due in two installments November 15 and May 15. Property owners pay the county by those dates and then the cities get their share 15 to 30 days later."

Dec 17 2009 Miller's Next Court Date...

Case FSB902916
Defendant 3210349
MILLER, JAMES THOMAS

Action: DISPO/RESET
Date: 11/03/2009
Time: 8:30 AM

Division: S21
Hearing Status: DISPOSED
DOUGLAS M ELWELL
CLERK: CS3-CHRISTINE SPENCER
CERTIFIED COURT REPORTER: LJ-LISA JELKE CSR# LJ-10643
BAILIFF K WOODFORD
-
APPEARANCES
DEPUTY DISTRICT ATTORNEY J GORITZ PRESENT.
ATTORNEY (RT) RICHARD EWANISZYK PRESENT.
DEFENDANT PRESENT NOT IN CUSTODY.
-
PROCEEDINGS
ACTION COMES ON FOR DISPO/RESET
-
HEARINGS
DISPO/RESET HEARING SET ON 12/17/2009 AT 8:30 IN DEPT S21
DEFENDANT ORDERED TO APPEAR ON HEARING DATE.
-
TIME WAIVERS
DEFENDANT WAIVES HIS/HER RIGHT TO A PRELIMINARY HEARING WITHIN 10 COURT DAYS AND 60 CALENDAR DAYS UNDER PC859B AND 60 DAYS BEYOND 12/17/2009.
DEFENDANT WAIVES TIME FOR PRELIMINARY HEARING TO 02/16/2010.
-
CUSTODY STATUS
CURRENT BAIL BOND CONTINUED.
CASE CUSTODY - BAIL BOND
============= MINUTE ORDER END ================
TIME RUNS ON 02/16/2010.

Thursday, December 10, 2009

Fight and High Speed Chase in GT...

In Grand Terrace 2:15 a.m. 12/07/2009 Vincent Lennon, age 18, was arrested after leading sheriff's deputies on a short highspeed pursuit on city streets.

He was observed driving away from a fight in a white Honda Civic. The chase was on the GT City Streets with speeds up to 75mph. The chase ended after he drove into the dead end street De Berry and was caught. He was booked at Centeral Detention Center in San Bernardino on evading a peace officer charges.

Lennon is from Cherry Valley. What was he doing in Grand Terrace? Why aren't the charges inclusive of more than just evasion?

Store Heldup at Gun Point in GT 2nd Time

A Hispanic man may have held up the same Grand Terrace convenience store two times.

GT Law Enforcement is looking for a suspect between the ages of 18 and 25, about 6 feet tall and a weight of 200 pounds.

He was not seen leaving in a vehicle. December 2nd he pointed a handgun at the clerk and demanded money.

It appears the same man likely robbed the same Barton Road Connivance store in August of this year.

Anyone with information is asked to call detectives at (909) 387-0671. Anonymous tipsters may call (800) 78-CRIME.

Are there no pictures of the suspect?

Budget Warning Signs in Grand Terrace & Giggles

This week's Grand Terrace City Council Meeting was poorly attended by the time the City Council Members were winding up their review of the quarterly report on the Finances of the City.

The City Council finally admitted a few things on the record that should be noted. First of all the Management Summary of the Financials is not written in such a way they can grasp the financial reality of the city.

The City operates on the accrual method of accounting and quite briefly that means when the City Council Approves a Contract or expenditure the money is accounted for as being spent even if the check has not been written.

In addition the City's Revenue Sources are not linked to its expenditure cycle so there appears to be a Cash Flow Situation that the current reporting method does not clarify to the City Council or the Public.

What is known is that the City Council at the guidance of Schwab/Berry dipped into the "Reserve Fund" to the tune of nearly 1,000,000 last year. Part of that was what the City Council agreed to pay off the Schwab for leaving. Where for example he could have been terminated with cause and not cost the City another dime. Berry should have been released with cause also. However the City Council persistent in finding the EASY and Most Expensive resolution chose to spend money on these two.

In addition there is the cost of the law suits that were a direct result of the stubborn arrogance of both Schwab and Berry that was supported by the City Council by not listening to Citizens Concerns about City Supported Development Projects. This cost is a result of their actions not those that were forced to file a case against the City.

Citizens should all look at the recorded version not the minutes of the city council meeting. Councilman Walt Stanckiewitz and Jim Miller were bringing to the point that the current spending plan is 200,000.00 above the projected income, and that the expenses accrued to date exceed revenue and have been funded by the "Reserve Fund". Their underlying concern is that fact that Revenue Projections are expected to be less than budgeted. Property values and sales tax receipts continue to drop or be taken by the state and county. Jim Miller said this City is Bleeding Cash and it has to stop. The Revenue Projections are not sufficiently detailed for the City Council Members to have any assurance that they will be sufficient to cover the city's accrued expences and those for the remainder of the financial year.

Council Member Bea Cortes giggled repeatedly and stated she did not understand the financial reports in front of her. The Mayor and Lee Ann Garcia were also giggling about their own incompetence at reading and comprehending the financial reports.

How did city get to this state? Well, in great part it is a result of the City Council being the puppet of the Scwhab/Berry team for all these years. The blanket approval of all staff recommendations including their self serving pay raises and house purchase and cars.

The City Council's decision on the price paid for a replacement City Manager shows a continued spending spree. There are many city employees who work for just above minimum wage, no car allowance or phone paid by the city. The inflated cost of the City Manager's Contract should have been addressed prior to the new hire negotiations being done.

Walt and Jim are right. No business operates without a cash flow report and a cash flow projection. This is something this blog and many citizens have been asking for in the past. We were told... you just don't understand financial reports and how finance is done.

Now it is clear that Cortes, Ferrie and Garcia also don't understand either. Walt and Jim are relatively new council members who have seen the light... Insufficient Data, or Data compiled in a way that it covers up, or confuses the public and council is leading this city to the poor house.

The Mayor's concern was that we don't find that GT is going to suffer the same revaluations that Colton has. Well Mayor, if you add up all the debt of the Redevelopment Agency and the City and compare that with the "Reserve Fund" and Expected Revenue (Discounted for the slow economy and state actions), you will find we are in the same financial situation as Colton.

It is time that the City Council Members stop being paid auto, medical, and meeting expenses and stipends and insurance. The part time City Council Members should not have any more benefits than the lowest paid part time employee has.

It is time that the City Council focus on bare necessities such as water, trash, sewer, police and road repair. All association fees and other perks need to be cut.

The City Council must stop thinking there are hopes of increased sales tax revenue when the Citizens are not earning more to spend. If anything spending will decrease and sales tax revenue will decrease. Just as property values have decreased so will the property tax revenue. These adjustments to revenue expected will blast a bigger hole in the "Reserve Fund". The City has done nothing to increase the Income of the Citizens in Grand Terrace, (other than a few within city management).

It is time for Garcia, Cortes and Ferre to stop giggling, or be removed from the council. The City has been damaged by them enough. Jim Miller is not running again as he has been damaged and had enough of the City Council that feed him to the sharks Schwab/Berry.

Reassurances of the Finance Director hired by Schwab/Berry team mean zero to the public. He failed the City Council in the past and did not report problems he should have. There is no reason for there to be trust in his projections or numbers.

The new City Manager has a plate full. Lets wait and see if she will step up and take a pay cut or will lay off minimum wage employees, part time employees, or child care workers, in order to find funds to support her income. Lets see is she has the strength to hold contractors to their contracts and takes an aggressive stance in getting the best services for the lowest price for the City and Citizens.

The new City Manager has quite a job to do if Grand Terrace is going to get past the legacy left behind by Schwab/Berry/Cortes/Ferre/Garcia machine.

The Citizens should be concerned very concerned. Cortes/Ferre/Garcia should know it is no laughing matter that after all these years on the City Council they don't understand financial reports they have been approving because the Schwab/Berry said that they should approve them. Now is an interesting time to begin to ask questions. Ya THINK?

Thursday, December 03, 2009

Shell Game or Development or Redevelopment??

In regards to the Stater's/City/Jacobsen deal.

Lets take out the past history of how things have been done under Schwab.

Schwab had his own agenda. Under Schwab and the city council, turned the citizens against one another. With the hiring of new people, maybe there will be more of a house cleaning.

Maybe the city will be more honest and up front with the citizens of GT.

The City wants more money coming in. What will the City do to get it?

What incentives will the City give to Staters or another developer?
(Didn't work out so well with Jacobsen).

In what extent will the citizens allow the City to lower cost of fees?

Pay for upgrades that normally developers pay? Is the City paying for the environmental document and studies again?

Are the residents of GT going to allow the City to cause more blight, with emptying the existing shopping center? The City has already caused blight with the housing destruction on Barton Road. Loss of Homes, Property Tax, Coustomers (Sales Tax) and Community Members. Fewer Consumers and Bigger Stores is not going to increase Sales Tax Revenue.

What next, the current shopping center that has been there for the residents and Small Businesses of GT is it to be cast aside. Has the City Redevelopment Agency made offers to that owner to stimulate economic development and opprotunities for the property owners and local entrapanueres or businesses?

If the City is cutting a deal and investing with Stater's Bros., shouldn't there be a new RDA agreement for the public to see? Shouldn't there be a public hearing on what the city is investing with Stater's?

There should be a Public Hearing for the public's input and a time line(the City didn't keep to the time line with Jacobsen).

It shouldn't be smoked screened about getting something bigger and newer.

The residents have a right to know how and in what way the City is spending their money.Citizens have the right to know what proposals have been offered. From the newspaper, Stater's will buy the property from Jacobsen. Stater's will build their own store. Stater's and the City will do a give and take. Citizens should be informed on the new RDA agreement, incentives andproposals.

There should be a public hearing. The Public should take an interest in the procedure and give input. One last thought.

Some of the GT residents don't want to shop at our neighboring cities because of the traffic. Grand Terrace is going to have the same problem in a very short time. IF NOT... THERE WILL NOT BE AN INCREASE IN SALES TAX REVENUE to the city. GT Citizens can't or shouldn't spend more than they are already spending. MORE COUSTOMERS and INCOME is required before MORE SALES and Sales Tax is possible.

Also From the Email InBox:

My neighbor is relocating the new restaurant he established here in GT to another location about early summer of 2010. yep. Packing up the now sucessfull restaurant and moving to Riverside, along with two other restaurants the owner has been talking to.

What brought on this move?

A signature for a new lease on the building is when, but why?

Ask the GT Mayor why current businesses are relocationg to other locations?

Could the present City Council be anti-small fry and more into big frys?

Also ask the Mayor, if the full majority of employees for Stater Brothers live in another city and take their paychecks along with them, how does that benefit us again?

I am confused here. Small businesses that provide residents of GT a paycheck IN THE TOWN THEY LIVE and SPEND would be more sustainable than a Mega Staters that will kill several of our local businesses.

GRAMP THINK>

Yep. The city in the past has been more interested in attracting a big name and putting on a big show than providing real value to the community. Examples of this folly continue. Perhaps the New City Manager will hear public input and take this opportunity to address some of these matters that are impacted by the City's Actions.

Businesses who operate in Leased Buildings are always at the risk of having their rents increased upon renewal. I haven't heard of commercial rents going down to be an aid to struggling businesses unless it is in a Government Owned Development or Building some where.

This is a problem on many levels and in the past Rent Controls for housing were used to real in excessive costs for living space. Government has not done the same with commercial space in the USA, but it is coming close to becoming a requirement for some businesses, and communities. The Economic Do Over that is needed for the entire country is hampered by excessive property, energy, and medical care/insurance costs.

How can the city help. Well folks at one time could sell items from carts, or trucks, or on street corners with a permit of course. The street vendor may find he or she has enough business to pay rent for a shop. BUT, there is no lower rung in our economy or society, these days. City Codes and Elitism of we don't want that in our community type thinking has removed the lower rungs of economic innovation.

City Codes restricting the use of your home office or home business causes some to just not try. These areas are where a City Government can stimulate a Freedom that does not exist in other communities.

IF ANY RDA project hurts an existing business, Citizens Pay. I agree the Citizens have paid more than enough for the folly of Schwab/Berry/Ferry and Co. Their efforts do not add to the sustainability of Grand Terrace as a community. Inflated home and commercial property costs will continue to be a burden on a community that does not have jobs that can support the population that lives on the island of Grand Terrace.

We have long lost the ability to even feed our self. Our few real resources are Water, Wilden Pump. Archer Meats (Jerky) and labor we export like a slave workforce that pays the Company Store and never gets ahead.

Look to who likes this system. The Company Store Owners, and the Land Owners. Sorry to say it folks. Property Values, and Zone or Property Use laws need to be pushed back.

All homes in GT should be considered places of business and employment centers of some sort. Make it easy for the citizens to start a home business. The City or Bank could facilitate collection of sale transactions and of course get their sales tax accounted for.

Yes, all property value and rents should continue to drop to a level the productivity of the local economy can support. Remember the old rule 1/4th of your income for housing or rent. If a business could move into and pay 1/4th of their income up to the Market Price, for rent, it may be a way to get new business to try to put roots in GT. Perhaps the City could write an Ordinance that Commercial Property that is Vacant for more than 90 days will fall under a Business Incubator/ rent Control Program with the above requirement, or face fees for the cost of an Unoccupied Commercial Building to the City. Loss of Sales Tax, and job opportunities for the citizens this is the cost to the city of a empty commercial building. It can be calculated.

Some plan needs to be developed to facilitate both land owner and renter. This may be extreme but at least it is a thought. The best plan is to have some of the land owners to enter into this type of benevolent agreement on their own.