A report on the San Bernardino County assessor's office by a high-profile, $495-an-hour lawyer is due by the end of the month or early May, and some supervisors say they intend for it to be made public.

The district attorney's office, which has been conducting its own investigation of the assessor's office for more than a year, wants to keep the report private for a while longer.

District attorney spokeswoman Susan Mickey said investigators are concerned that release of the report could affect witness testimony during a trial, if and when charges are brought.

"We want to protect a fair trial," she said.

Supervisor Neil Derry, whose office was caught up in the assessor's scandal when his chief of staff was arrested, said withholding the report would give the impression of a cover up. The full report needs to be released, he said.

"It would be even more embarrassing if we didn't release the information to the public," Derry said. "The public paid for the investigation."

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The Board of Supervisors in late January hired John C. Hueston, an attorney with the Newport Beach law firm of Irell & Manella LLP, with the goal of building a case to remove then-assessor Bill Postmus.

Two weeks later Postmus quit, but the investigation is continuing. County Counsel Ruth Stringer, who has been handling communications with Hueston, characterized the report as half to three-quarters finished.

It is expected to shed more light on activities in the assessor's office, including alleged time-card fraud, said Derry and Jim Erwin, his former chief of staff.

The board initiated its investigation after allegations were made by the county grand jury that cronyism and political activities were taking place in the assessor's office. In January, Postmus was arrested for investigation of drug violations after a search warrant was served at his home. He has not been charged.

Board Chairman Gary Ovitt and other county officials said they cannot comment on specifics of the investigation. The board has received only two verbal reports from Hueston, he said.

Stringer has been sharing summaries of Hueston's interviews with the district attorney's office. The county denied a request from The Press-Enterprise for copies of those summaries.

Derry said he believes the report will look into allegations of political activities and time-card fraud in the assessor's office.

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"I think this confirms much of what we'd been hearing," he said.

Erwin gave Hueston a memo with suggested names and issues to investigate. They included political activity, timecard issues, allegations of Postmus' drug addiction and the use of county credit cards and vehicles.

Erwin, who was an assistant assessor from January to October 2007, was arrested March 19 on felony charges of failing to disclose gifts he received from a developer in January 2007. He subsequently resigned as Derry's chief of staff.

In an interview a day after his arrest, Erwin said he told Hueston that for several months as many as seven employees at the assessor's office worked only eight to 10 hours a week but claimed 40 hours of work on their timecards. Erwin said he complained to Postmus but no action was taken. He estimated county losses of $600,000 to $1 million.

Postmus did not respond to a request for comment.

The board suspended Hueston's work after Postmus resigned, but decided to have him continue after the attorney provided a verbal report on the status of his investigation, Ovitt said.

"It made sense to finish it all up," he said.

The supervisors have delayed appointing a successor to Postmus so that whoever takes over will have a full picture of what has been happening in the assessor's office, he said.

The board initially announced that the first week of March was the target date for the report's completion. Ovitt said it has been delayed in part by Hueston's work for other clients, including an overseas trip.

Hueston did not return a call seeking comment.

Stringer said the county has spent $110,000 so far of its $250,000 limit.

Hueston, a former U.S. attorney who prosecuted Enron executives Kenneth Lay and Jeff Skilling, is described by another former federal prosecutor as a skilled litigator who specializes in prosecuting complex white-collar crime cases.

"He's not only well-versed in handling those types of cases, he was made to handle those cases," said Wayne Gross, former chief of the U.S. Attorney's office in Orange County, who has known Hueston for a decade. "It's like having a nuclear weapon on your side."

A biography on Hueston's firm's Web site states that he never lost a single case, or even one count filed against a defendant, during his 12-year tenure with the U.S. Attorney's office.

Ovitt said the county "will definitely make (the report) public once the whole process is over."

The county came under criticism in 2005 for delaying the release of a report by a private attorney hired to look into the county's purchase of a private jail in Adelanto and the purchase of former county land by a supervisor's top aide.

Attorney Leonard Gumport's investigation into both matters was completed in fall 2005 but supervisors did not release the report until August 2006.

Reach Imran Ghori at 951-368-9558 or ighori@PE.com

Hueston Report

An investigation by John C. Hueston, an attorney with the Newport Beach law firm of Irell & Manella LLP, on the San Bernardino County assessor's office is continuing.

Cost: $495 per hour, capped at $250,000

Report to Board of Supervisors: Late April or early May

I'm still not sure what the whole story is here, but I found this interesting.

Mitzelfelt’s top aide no longer employed

BY NATASHA LINDSTROM
STAFF WRITER Victorville Daily Press

SAN BERNARDINO
• A top aide’s employment with 1st District Supervisor Brad Mitzelfelt has come to an abrupt end.
    Michael Orme, who had been serving as deputy chief of staff to Mitzelfelt and worked at the 1st District office for eight years, is out of that position as of Wednesday.
    “He is no longer employed by the county,” said David Zook, spokesman for Mitzelfelt. Zook declined to comment further on the issue, citing personnel privacy reasons. Orme also declined to comment.
    Orme began county employment as a field representative for then-1st District Supervisor Bill Postmus in 2001, and he served as a field representative and a senior analyst for Mitzelfelt before his promotion to deputy chief of staff in January 2008.
    Orme also serves on the San Bernardino County Republican Central Committee, the High Desert Young Republicans, and has run campaigns for several local candidates, including Apple Valley Mayor Rick Roelle and Victorville Councilman Ryan McEachron.
    Third District Supervisor Neil Derry also made a recent change to his staff. Derry hired San Bernardino County Sun Metro Editor George Watson, 39, of Redlands, to replace Jim Erwin as chief of staff. If approved by the Board of Supervisors, Watson will begin his new job April 13.
    Erwin resigned as Derry’s chief of staff last week, after he was arrested on suspicion of perjury for improperly reporting gifts from a Rancho Cucamonga developer.

Broadening details of S.B. County assessor investigation take shape

09:45 PM PDT on Tuesday, March 24, 2009 By DUANE W. GANG
The Press-Enterprise

PDF: Read San Bernardino County Supervisor Neil Derry's announcement that Jim Erwin has resigned as his top aide

Special Section: San Bernardino Co. Assessors Probe

It all began with questionable e-mails.

An ongoing criminal investigation into the San Bernardino County assessor's office has entered its second year and already led to the arrests and resignations of three government officials, most recently on Monday.

The probe has zeroed in on former assessor Bill Postmus' campaign fundraising and real estate deals, and broadened to include expensive gifts from a developer who received a $102 million settlement from the county.

Investigators have raided more than a dozen government buildings, homes and offices throughout Southern California and sought documents in New York and Washington, D.C.

"What I think is happening here is when you have a bunch of people involved in this type of culture of corruption, whenever one of them gets into trouble, they try to get out of trouble by ratting out others," former San Bernardino County District Attorney Dennis L. Stout said.

"It takes a while to run all this stuff down," he said. "The more people involved, the more there is to look at."

But as the months turned into a year, one county supervisor has questioned why the district attorney's office hasn't moved more quickly. An outside lawyer hired by the Board of Supervisors to build a case for Postmus' removal from office uncovered serious allegations of wrongdoing in just weeks, the supervisor said.

Postmus, who took office as assessor in January 2007, resigned last month after his arrest on suspicion of drug possession. Authorities reported finding methamphetamine in his home while they searched documents. And his two former assistant assessors also have resigned from government service in the wake of arrests on felony charges.

Jim Erwin, chief of staff to Supervisor Neil Derry, was charged last week with 10 felony counts for not properly reporting gifts from Jeff Burum, a co-managing member of developer Colonies Partners. Colonies received a $102 million settlement from the county in late 2006.

Erwin, a former assistant assessor, resigned Monday night as Derry's top aide.

Political activity

Eight months after Postmus took office, an investigation into the operations of his office had started, court records show.

Supervisors and their aides started receiving political e-mails from full-time members of Postmus' staff during regular work hours, a possible violation of state law and county policy. They turned those documents over to prosecutors, court records show.

At the same time, the annual county grand jury began conducting its own investigation.

After interviewing Erwin, who from January until November 2007 had been the assistant assessor for operations, the grand jury believed a crime may have been committed. The grand jury turned information over to prosecutors.

From there, investigators continued building their case. On April 10, they served a search warrant on the assessor's office, carting away computers and boxes of documents.

By the end of June, investigators arrested then-Assistant Assessor Adam Aleman and charged him with six felonies, including presenting false evidence to the grand jury and destroying public records.

He has pleaded not guilty.

It's unclear whether Aleman, who worked with Erwin in the assessor's office and was one of Postmus' closet aides, is cooperating with authorities. His attorney did not return a message seeking comment.

Gifts and flights

After Aleman's arrest, prosecutors, according to court records, began looking into gifts Burum of Colonies Partners gave Erwin for his help in settling a lengthy lawsuit with the county.

Erwin worked as Colonies consultant in late 2006 before joining the assessor's office and helped broker a deal between the company and supervisors.

By a 3-2 vote, supervisors, including Postmus, awarded $102 million to Colonies Partners to end a nearly five-year legal battle over a flood-control basin on the company's commercial and residential development in Upland.

Just after he began work for Postmus -- and two months after the settlement -- Erwin received a flight to New York and Washington, D.C., aboard Burum's private jet, a nearly $12,000 Rolex watch and prostitution services paid for by Burum, court records show.

Erwin has said he did not have sex with a prostitute and has called the felony charges politically motivated.

Real estate and more

At the same time investigators looked into the gifts to Erwin, they began eyeing Postmus' real estate deals.

They sought documents related to six pieces of property Postmus partly owns in the High Desert through Tri-Land Inc. The company was formed five months after he took office as assessor.

Investigators also sought records about the sale of Postmus' Hesperia home to a private individual.

In addition, they looked at his campaign account and two political action committees that received money from Colonies Partners.

The Committee to Elect Bill Postmus received $5,000 in March 2008 from Colonies Partners.

The only money the Conservatives for a Republican Majority received was a single $50,000 donation from Colonies in July 2007. That group, however, then gave $43,450 to the Inland Empire Political Action Committee, which received an additional $50,000 donation from Colonies.

While searching for these records at Postmus' Rancho Cucamonga home, investigators found what they believed was methamphetamine. They arrested Postmus on suspicion of drug violations. He has not yet been charged.

Calls for charges

Derry said the district attorney's investigation has dragged on too long and the district attorney should wrap up his probe and file charges against Postmus.

John C. Hueston, an outside counsel hired by supervisors to build a case for Postmus' removal from office, uncovered serious abuse in the office within weeks, Derry said.

"And that is just with one attorney," Derry said. "If they have done their job, perhaps the county would not have been out $200,000 for hiring our own attorney," Derry said.

"They haven't charged the assessor with anything, yet our investigation has provided ample evidence for charges."

Derry said he could not discuss the details because Hueston has not completed his report.

Board Chairman Gary Ovitt said Tuesday the county has turned over Hueston's initial findings to prosecutors, but the special investigation remains ongoing.

"I have asked special counsel to conduct a thorough investigation, but to also do so as expeditiously as possible so that the county can take any necessary action and put this matter behind us," Ovitt said, declining to say when the report would be done.

Although supervisors aren't discussing what Hueston found, Erwin did before he resigned Monday. Erwin last week said there were time-card fraud abuses inside the assessor's office. Employees on Postmus' executive staff were getting paid for not doing any work. He has said he told Hueston and prosecutors about the issue.

DA's office quiet

The district attorney's office has revealed few details about the investigation, beyond announcements about the arrests and filings in court. The office has fought the news media to keep search warrant and other court documents sealed from public view.

Susan Mickey, a spokeswoman for District Attorney Mike Ramos, said there is no timeline on when the office will conclude the investigation.

"We will go where the facts and evidence lead," she said. "Beyond that, I can't speak about where the investigation is headed."

Public corruption cases are often complex, with dozens of leads to check out, experts say. It's not uncommon for the investigations to take months, said John J. Rice, an adjunct law professor at the University of San Diego School of Law.

Rice is a former federal prosecutor who won convictions in 2005 against San Diego's acting mayor and a councilman for taking payoffs from a strip club owner.

"If you get someone and someone agrees to plead guilty, then they start to cooperate," Rice said. "Then you are following up on more leads."

Reach Duane W. Gang at 951-368-9547 or dgang@PE.com

Assessor investigation

An ongoing inquiry into the San Bernardino County Assessor's office began with a complaint about the misuse of e-mails. Here are the highlights:

August 2007: Prosecutors receive a complaint from Board of Supervisors about possible illegal use of county e-mail for political purposes inside the office of then-Assessor Bill Postmus.

November 2007: Annual grand jury is conducting its own investigation into Postmus' office.

April 2008: District-attorney investigators serve a search warrant on the assessor's office in downtown San Bernardino.

June 2008: Grand jury issues critical report on assessor's office.

June 2008: Investigators arrest Adam Aleman, an assistant assessor, on six felonies, including presenting false evidence to the grand jury. He resigns his post in July and pleads not guilty.

December 2008: District attorney's office serves search warrant for the American Express records of Jeff Burum, co-managing member of Colonies Partners, a developer that received a $102 million settlement from the county in November 2006.

December 2008: Investigators serve search warrants on Tourneau, a New York City store where in January 2007 Burum bought expensive watches for Jim Erwin, a former assistant assessor and later chief of staff to Supervisor Neil Derry, and Patrick O'Reilly, owner of Riverside-based O'Reilly Public Relations.

December 2008: Mandarin Oriental Hotel in Washington, D.C., receives search warrant. Burum, Erwin and O'Reilly stayed at the hotel after visiting New York in January 2007.

January 2009: Fifty district attorney officials serve search warrants at 10 locations across the region, including the assessor's office, Postmus' Rancho Cucamonga home and Erwin's home and government office. They seek documents related to political action committees and Postmus' real estate transactions.

January 2009: During the search of Postmus' home, investigators find what they believed is methamphetamine and arrest the assessor. Postmus has not been charged.

February 2009: Amid the ongoing investigation, Postmus resigns from office.

Thursday: Investigators arrest Erwin on eight felony counts of perjury and two felony counts of offering false or forged documents for not properly reporting the Rolex watch, trip to New York and "prostitution and masseuse" services. His arraignment is May 20.

Monday: Erwin resigns as Derry's chief of staff.

Pricey excursion leads to trouble for ex-S.B. County official

Riverside Press Enterprise

12:05 PM PDT on Friday, March 27, 2009

By BEN GOAD
Washington Bureau

Developer Jeff Burum, public relations man Patrick O'Reilly and longtime San Bernardino County fixture Jim Erwin were New York-bound and ready to blow off a little steam.

It was 9 p.m. on a Sunday in January 2007, two months after San Bernardino County agreed to pay a $102 million settlement to Burum's company, Colonies Partners. O'Reilly and Erwin were instrumental in the settlement.

Burum was paying for the trip.

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The three men boarded a private jet at Ontario Airport -- a seven-seater with more than enough room for them to stretch out. The coast-to-coast plane trip cost about $35,000, but the money was flowing. And it would keep flowing during the two-day excursion to Manhattan and Washington, D.C., featuring late nights, expensive dinners, top-shelf liquor, fine cigars and girls.

The excess left something worse than a hangover for at least one of the three.

Erwin, who resigned this week as Supervisor Neil Derry's chief of staff, was arrested last week for failing to properly report Burum's expensive gifts on disclosure forms he was required to file as a county employee.

The case against Erwin, an extension of the ongoing probe of disgraced former county Assessor Bill Postmus, could bring as many as 11 years in prison.

Erwin has accused prosecutors of unfairly targeting him and said the details of the trip have been blown out of proportion.

"It meant so little to me, that trip," Erwin said this week. "I wish I never would have done it.

Burum declined Thursday to discuss the trip on the advice of his attorney. Neither Burum nor O'Reilly has been accused of any wrongdoing.

Details of the trip were pieced together from court documents, along with interviews of Erwin and people at the establishments they visited.

Hitting the town

The jet stopped to refuel in Salina, Kan., long enough for a quick cup of coffee before the second leg of the trip. They touched down around dawn Monday at Teterboro Airport in New Jersey and headed to New York City.

They stayed in a condo that Erwin later described as a sort of timeshare to which Burum enjoyed access. Bleary-eyed, they slept for a few hours before hitting the town.

They lunched that day at the Grand Havana Room, an exclusive 5th Avenue club that overlooks Manhattan. Members of the club, on the top floor of a 39-story building, reportedly include Mel Gibson, Derek Jeter and Wayne Gretzky. The club is so exclusive, some people who work in the building are unaware of its existence.

While there, Burum, Erwin and O'Reilly smoked cigars and ran up a $500 bill.

The trio also stopped off at Tourneau, a century-old shop renowned for its expensive watches. This week a salesman recognized a photograph of Burum as "that real estate dude from California."

"He was a cool guy," said the salesman, who declined to give his name, and said he only recalled Burum visiting the store that one time.

According to the statement from his American Express "Black card" -- subpoenaed by prosecutors -- Burum spent $45,273.66, including $12,675 on a Rolex Daytona for Erwin and $18,100 for a Breguet Heritage Grande watch for O'Reilly.

Late nights

Next up was a Broadway show. Burum paid $750 for tickets to "Rent" at the Nederlander Theater near Times Square. Erwin described the storied theater as "dingy" and said the group disliked the performance so much they walked out.

They ate a $650 dinner at Tamarind, an Indian place in the upper-crust Flat Iron neighborhood, a few blocks from where Chelsea Clinton lives. On Wednesday the restaurant's waiters and owner said they couldn't recall the men, or whether they were alone.

But in any case, they were in the company of three women later that evening in New York, Erwin said. Prosecutors allege the women were prostitutes.

Erwin said he initially wasn't aware they were prostitutes, and assumed they were friends of Burum, who travels regularly to New York.

"He was referring to one of them by name," said Erwin. He said it didn't occur to him that one of the women might be meant for him and repeated his assertion that he didn't have sex with any of them.

Erwin said he has a rare blood type and donates regularly. Having random sex might jeopardize his ability to do that, he said. The women, in their 20s or 30s, weren't that attractive, he said.

O'Reilly acknowledged he was on the trip and that he received a watch from Burum.

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"However, I did not participate in any inappropriate acts on that trip as alleged in the court document," he said in an e-mail statement late last week.

In D.C.

Tuesday morning, they took another flight, this one to Dulles International Airport outside of Washington.

They had lunch with Rep. Kevin McCarthy, R-Bakersfield, at The Capitol Hill Club, a private GOP haunt just outside congressional office buildings. Erwin described the meeting as informal, saying no specific legislation was discussed.

"He just shuffled in, had a hamburger and left," Erwin said of McCarthy, a rising star in the Republican Party.

The congressman and O'Reilly have been friends for years, said McCarthy spokesman Nick Bouknight. McCarthy only vaguely recalled the meeting and didn't remember details of the discussion, Bouknight said.

With business out of the way, the men dined Tuesday evening at the Capital Grille. Just steps from the Capitol Building, the Grille teems with Washington staffers, lobbyists and lawmakers when Congress is in session.

The restaurant features wood-paneled walls adorned with bucks' heads and a clientele consisting of white-haired men in pinstripe suits sucking down $12 martinis and oysters on the half shell before a main course of $45 steaks.

The Burum party sampled the Grille's signature drink, the Stoli Doli: Stolichnaya vodka infused with fresh pineapple, chilled and served straight up. The dinner and bar tab was $450.

A cab ride took them next to Shelly's Back Room. The nearby, dimly lit tavern is one of the only places in town where smoking is still allowed. Its walls are lined with humidors full of members' cigars. There is a three-year wait to get a humidor, according to a bartender there.

Erwin described Burum as personable and funny -- a bit more of a drinker than he or O'Reilly, but someone who can hold his liquor.

Burum knew the owner, he said, and the group chatted with some people in town from Alaska. The Inland group drank beer and smoked cigars until 2 a.m., an hour after the place usually closes.

They stayed that night at the Mandarin Oriental, a five-star luxury hotel where the maids wear kimono-style outfits. Though they were there just a few hours, Burum got them all junior executive suites.

At $561.05 apiece, the rooms each had separate living and sleeping rooms and views overlooking either the Washington or Jefferson monument.

After an early flight, they were back in California in time for Erwin to make it into work Wednesday.

At the time, he served beneath Postmus as assistant assessor of operations in San Bernardino County. He has held a string of county positions over the past two decades.

Only Erwin charged

Altogether, the trip cost Burum more than $84,500.

Erwin said he took the trip as payment for the work he did as an unofficial mediator in the dispute involving Colonies Partners. Burum is a managing partner of the firm, which had sued the county for $300 million before settling for $102 million.

Erwin said that he likely saved taxpayers millions of dollars.

The travel invitation was Burum's way of saying, "I want to do something to compensate you for what you did," Erwin said.

He said he was reluctant to go, but was afraid to decline for fear of hurting Burum's feelings.

Erwin, a former sheriff's deputy and union chief, said he's not used to the lavish lifestyle that Burum treated him to.

"I don't travel in his crowd," Erwin said, noting that he drives a 2004 Mercury Mountaineer with 150,000 miles on the odometer. "I have bills like everyone else."

Erwin's arrest stems from his failure to report, as a county employee, the gifts he received from Burum.

He is charged with eight felony counts of perjury for allegedly lying on disclosure forms and two felony counts of offering false or forged documents.

He was released on $220,000 bail, and is scheduled for arraignment May 20.

Erwin said the matter should amount to a fine, at most. He said being targeted by overzealous prosecutors because he and Derry did not support their request to be exempted from possible furloughs for county employees.

"I don't take bribes. I don't steal money. I don't embezzle," Erwin said. "They never had to do this to me."

Staff writers Duane Gang and Cassie MacDuff contributed to this story.

Reach Ben Goad at 202-661-8422 or bgoad@PE.com

Erwin claims retaliation

Joe Nelson and Stacia Glenn, Staff Writers

Posted: 03/20/2009 10:29:33 PM PDT

A top aide to San Bernardino County Supervisor Neil Derry said his arrest this week on suspicion of perjury was political retaliation for Derry's support of pay and benefits cuts to district attorney's staff and county judges.

Jim Erwin, 46, of Highland said his infractions warrant, at most, fines from the Fair Political Practices Commission, not the 10 felony counts and $220,000 bail he faces for allegedly lying about gifts and trips he received from a Rancho Cucamonga developer.

"I think it's malicious prosecution," Erwin said Friday. "It's abusive, and they always had my cooperation up until they started labeling me as a target. My position is that this case be handed to the attorney general and be taken outside the county."

Investigators with the San Bernardino County District Attorney's Office arrested Erwin on Thursday morning at Derry's office on suspicion of perjury and filing false or forged documents in connection with a trip he took with developer Jeff Burum and another person to New York City and Washington, D.C., in January 2007.

Prosecutors allege Erwin perjured himself by filing falsified statements of economic interest in which he did not properly disclose the trip and perks provided by Burum.

Erwin posted bond on $220,000 bail and was released from custody Thursday night. His arraignment is scheduled for May 20 in San Bernardino Superior Court. He is charged with eight felony counts of perjury and two felony counts of filing false or forged documents. He faces up to 11 years in prison if convicted.

Erwin said he offered his resignation to Derry on Thursday morning, but Derry turned it down.

Derry said Friday that Erwin's arrest, while shocking, would not deter him from pursuing his agenda.

"The prosecution of my chief of staff is not going to stop me from trying to do the right thing for the county and the taxpayers," Derry said. "If this is meant to intimidate me to get me to back off these other issues, it's not going to happen. I'm not making the accusation that they are, but if it walks like a duck and talks like a duck "

In a prepared statement, District Attorney's Office spokeswoman Susan Mickey refuted Erwin's allegations: "In short, these accusations are neither true nor unexpected, and they will not deter this office from its current course, which is to follow the facts and evidence wherever and to whomever they lead."

According to court records, Burum treated Erwin and another person to pricey Rolex watches and prostitutes at a New York City condo. They flew on a private jet to Washington, D.C., to visit an acquaintance of Burum, Rep. Kevin McCarthy, R-Bakersfield.

The trip, Erwin said, was compensation for helping to shepherd a $102 million settlement between Colonies Partners, a development company in which Burum is a managing partner, and the county over flood-control property at one of Burum's Upland developments.

Patrick O'Reilly, who officials say has a $167,000 contract with the county to "provide guidance and assist in dealing with critical public relations issues," admitted Thursday that he was the person who accompanied Burum and Erwin on the trip, but he denied engaging in any inappropriate activity with a prostitute.

Politics in play?

Erwin alleges he and Derry's office are being targeted because of Derry's proposals to help shore up the county's projected $86 million deficit next year.

Derry is proposing:

• The elimination of take-home vehicles for 60 district attorney's investigators and executive staff.

• That county prosecutors and district attorney's investigators be subject to the same pay cuts all nonsworn county employees face on July 1.

• And the discontinuance of $1.4 million annually in judicial benefits to 71 county judges.

San Bernardino County Assistant Presiding Judge Douglas Elwell, who contested the elimination of judicial benefits at a recent Board of Supervisors meeting, was the same judge who signed Erwin's arrest warrant, Erwin said.

Accompanying Elwell at the board meeting were Presiding Judge James C. McGuire and two other judges.

Elwell didn't return a phone call Friday seeking comment. McGuire was out of the office and unavailable for comment.

In addition, Derry on March 2 lodged a formal complaint with San Bernardino County District Attorney Michael A. Ramos, requesting an investigation into the alleged destruction of his district's records by former 3rd District Supervisor Dennis Hansberger. Those records included constituent correspondence.

"After three months of observation it has become clear that the lack of documentation, particularly correspondence files, has hindered my staff and created an onerous burden in reconstructing information," Derry said in his letter to Ramos.

Ramos declined to comment on Erwin's allegations Friday afternoon, but earlier in the day, during a break in a community meeting, he said he anticipated political backlash in the wake of Erwin's arrest.

"We are just getting started," Ramos said. The investigation into potential political malfeasance will continue, he said, "even if they come after me politically."

In her statement, Mickey said it would be unethical for the District Attorney's Office to comment in detail on an ongoing investigation.

"We will let a court of law resolve this case," she said. "The case will speak for itself."

Erwin's attorney, David Goldstein, didn't return repeated phone calls Friday seeking comment.

Erwin said he's certain of his allegations, and that he will push his attorney to file a motion with the court to have the Attorney General's Office investigate.

Past scandals

Erwin is no stranger to political scandal.

He worked as a San Bernardino County sheriff's deputy for 15 years and served as president of the San Bernardino County Safety Employees Benefit Association, the union representing the county's public-safety employees.

The union donated $400,000 to Derry's election campaign.

Erwin was SEBA's president from 1997 to 2005, but he resigned amid investigations into whether gifts he gave to San Bernardino County's lead negotiator influenced contracts for 1,300 sheriff's deputies.

That negotiator, Elizabeth Sanchez, acknowledged being intimately involved with Erwin before resigning from her job as county human-resources director.

The investigation into their relationship began in 2004 and centered on gifts Erwin gave Sanchez, including a no-interest loan, and whether those gifts influenced a contract the county finalized in February 2003 with SEBA.

Erwin and Sanchez negotiated the agreement, which ended a months-long stalemate and boosted employee retirement benefits. Erwin was cleared in the investigations.

In 2002, SEBA's board of directors demanded Erwin resign after he pushed for investing in Life Financial Corp., but he refused. Erwin was a shareholder in the company, and the investments cost the union $1.8 million. Erwin maintains the share values declined because of the hit to the stock market in 2002.

joe.nelson@inlandnewspapers.com (909) 386-3874

stacia.glenn@inlandnewspapers.com (909) 386-3887

My concern now is when or if the DA will ever file any charges against Postmus. What is the hold up? It doesn't take months to test the drugs found in Postmus's condo. What was the outcome of the political work at the assessors office investigation? Or did they cut a deal in exchange for Postmus's resignation? No charges will be filed if you go quietly? That way you don't have to drag the boys into the light. I really hope the feds are involved because Ramos will never do anything against Postmus. Only an outside agency can conduct a real investigation into the dealings at the County level.

Judge denies Press-Enterprise's 2nd request to unseal warrants

Postmus' investigator may present findings to supervisors Tuesday

Attorney John Hueston could present findings from his investigation into the San Bernardino County Assessor's Office to the Board of Supervisors as early as Tuesday.

In late January, the board hired Hueston, who successfully prosecuted key figures in the Enron scandal, to help build a case against Postmus in order to fire him with the least resistance. But on Feb. 13, Postmus resigned.

With Postmus gone, Hueston's investigation has been suspended until his findings and recommendations are made to the board. It remains unclear if the county will continue to retain his services.

"We're still asking (Hueston) to come back with his findings and make a determination on how to proceed," 2nd District Supervisor Paul Biane said.

He also said Postmus' resignation may remove the necessity of having such a high-priced attorney investigate the former assessor.

The county last month budgeted $250,000 for Hueston and his staff to begin their investigation, and has racked up about $90,000 in billable hours so far, county spokesman David Wert said.

Third District Supervisor Neil Derry said the investigation needs to be completed and the findings made public to avoid any perception of secrecy.

"The important thing to realize is this wasn't about the removal of Bill Postmus. It was about investigating allegations against the Assessor's Office that have been made by the press and other sources," Derry said. "It's important for the public to know that we're going to complete the process."

Investigators from the District Attorney's Office arrested Postmus, 37, at his Rancho Cucamonga home on Jan. 15 after finding what appeared to be methamphetamine during the serving of a search warrant.

It was one of 10 warrants served in San Bernardino and Orange counties as part of the district attorney's ongoing investigation into possible political malfeasance in the Assessor's Office.

Postmus, who posted bail and was released from jail the day of his arrest, has not been charged with a crime.

The criminal investigation came on the heels of a grand jury report criticizing the Assessor's Office for alleged cronyism and use of the office for political activity.

Hueston gave a verbal update on his investigation last week with county counsel. The intent is for him to present his findings either Tuesday or March 17, Biane said.

The county will likely share information from Hueston's investigation with the District Attorney's Office to use at its discretion, Wert said.

The Postmus arrest on January 15th with no charges filed against him yet is in stark contrast to the arrest of Colton City Councilman Ramon Hernandez in 2006. Hernandez was charged the same day he was arrested.The DA's investigation of Hernandez started 2 months before his arrest. Postmus has been under investigation for years ( since August 2007 ) and the DA has not filed a single charge against him to date. The Hernandez story is directly below the Postmus quitetly departs story.

Postmus quietly departs assessor's office

HUD APPROVES $204,475,501 IN NEIGHORHOOD STABILIZATION PLANS FOR 19 CALIFORNIA COMMUNITIES HARD-HIT BY FORECLOSURE


Third Round of Funding to California's communities in 10 days
WASHINGTON - U.S. Housing and Urban Development Secretary Steve Preston today approved plans from nineteen California communities seeking to recover from the effects of high foreclosures and declining home values. Funded under HUD's new Neighborhood Stabilization Program (NSP), these communities will shortly begin to target emergency assistance to particular neighborhoods by acquiring and redeveloping foreclosed properties that might otherwise become sources of abandonment and blight.
"It is critical that we work closely with State and local governments to put this money to work as quickly as possible to help communities recover from the effects of foreclosure and declining property values," said Preston. "Stabilizing neighborhoods is what this program is all about. HUD will continue to work closely with these communities to make certain these funds are targeted to neighborhoods with the greatest needs."
Today, HUD is approving the plans submitted by the following California communities:

HUD's Neighborhood Stabilization Program was created under the Housing and Economic Recovery Act of 2008 and provides nearly $4 billion to every State and certain local communities experiencing particularly high foreclosure problems and risk of property abandonment. The program permits these State and local governments to purchase foreclosed homes at a discount and to rehabilitate or redevelop them in order to respond to rising foreclosures and falling home values.
State and local governments can use their neighborhood stabilization grants to acquire land and property; to demolish or rehabilitate abandoned properties; and/or to offer downpayment and closing cost assistance to low- to moderate-income homebuyers (household incomes not exceed 120 percent of area median income). In addition, these grantees can create "land banks" to assemble, temporarily manage, and dispose of vacant land for the purpose of stabilizing neighborhoods and encouraging re-use or redevelopment of urban property.
The NSP also seeks to prevent future foreclosures by requiring housing counseling for families receiving homebuyer assistance. In addition, the Agency seeks to protect future homebuyers by requiring States and local grantees to ensure that new homebuyers under this program obtain a mortgage loan from a lender who agrees to comply with sound lending practices.
As state and local governments submit their NSP funding plans, HUD continues to review the plans in an efficient and timely manner.
###
HUD is the nation’s housing agency committed to increasing homeownership, particularly among minorities; creating affordable housing opportunities for low-income Americans; and supporting the homeless, elderly, people with disabilities and people living with AIDS. The Department also promotes economic and community development and enforces the nation's fair housing laws. More information about HUD and its programs is available on the Internet at www.hud.gov and espanol.hud.gov.
 

I shot a quick video on New Years Day from the west side of town by the freeway to the new and improved Rock Springs Road on the far east side of town.

Since my first City Council meeting I have been learning how things work, and how I can participate in the process in a positive manner. The City budget process will start in February and I hope to have learned enough by then to have an impact on next years budget. Finances/revenues are lean and the City is included in the economic downturn. Increasing the revenue from sales tax is the best way of boosting the General Fund, and I hope to start a Shop Hesperia First program in the near future. The theory that you will be helping yourself by spending your money in Hesperia is lost on most people. I hope to make the City of Hesperia the example of buying in Hesperia when ever possible to keep the sales tax in Hesperia.

Here are a couple of local newspaper stories on solar energy.

ENERGY
With aid from the state, Californians warm to rooftop solar power
Homeowners' interest in solar energy dovetails with the state of California's environmental goals. Rebates and new financing models spur adoption despite the recession.
By Marla Dickerson Los Angeles Times
December 27, 2008

At a time when many investors are sticking money in their mattresses, Californians are putting it on their roofs.

Applications for state rebates to install solar panels hit their highest level ever in December, one of the few bright spots in an otherwise gloomy economy.

 Residents filed a record 1,215 applications seeking solar subsidies this month, according to the California Public Utilities Commission. That's the best showing in the program's 24-month history, and December isn't even finished. More than 18,000 California homeowners and businesses have applied for rebates over the last two years. Although not everyone who files this paperwork actually ends up installing solar, the figures are viewed as a reliable barometer of future demand.

A record 133 megawatts of solar photovoltaics have been installed in California so far this year, even as the state's economy has stumbled.

Michelle Gerdes of Long Beach just lost her job as a designer for a dinnerware manufacturer. Her husband, Steve, works for an air-conditioning company whose business is slowing. But that didn't stop the couple from buying $32,000 worth of photovoltaic panels that went up on their roof this month. The state rebate and a federal tax credit will reduce their out-of-pocket costs to about $17,000 -- a substantial saving but still a big chunk of change. "We decided to just go for it," said Michelle Gerdes, 44. "It's the right thing to do for the environment . . . and it will definitely increase the value of our house."

Coming in the midst of a deep recession, continued strong demand for solar has thrilled -- and puzzled -- officials who oversee the California Solar Initiative, which seeks to put panels on 1 million roofs in California within a decade. Consumers nationwide are in a serious spending funk. Even with California's generous incentives, photovoltaic systems can cost tens of thousands of dollars.

So what gives?

New federal tax breaks have persuaded some homeowners to take the plunge, said Molly Sterkel, who manages rooftop solar efforts for the utilities commission.

Others are being enticed by new financing models pioneered in California that allow them to go solar for little or no money down. Add rising electricity rates in many parts of the state and turmoil in the financial markets, and some consumers are concluding that sunshine is their safest investment.

California is by far the nation's leader in rooftop solar, with well over half the installed capacity.

"In an economic downturn, people are looking for ways to save money on things that they are going to do anyway," said Nat Kreamer, founder of SunRun Inc., a San Francisco residential solar energy company. "Electricity is one of those fundamentals."

Launched in January 2007, the California Solar Initiative is an attempt to push photovoltaics on a mass scale in California to help cut greenhouse gas emissions and shore up the state's energy supply.

The goal is 3,000 megawatts installed by 2018, enough to displace five good-sized power plants.

Funded by utility ratepayers across the state, the $3-billion program offers rebates to Californians who install panels on their homes and businesses. Incentives vary. But refunds typically range from 20% to 50% of a system's cost.

The incentives are structured to decline over time as demand grows, meaning Californians who act sooner will get the biggest refunds.

Rooftop solar will get even more attractive in January. Congress recently expanded federal investment tax credits for residential solar arrays. Starting next year, homeowners will be eligible for tax breaks of up to 30% of the entire cost of their projects. Those benefits had previously been capped at $2,000 per system.

"That has really spurred the market," said Lyndon Rive, chief executive of SolarCity, a Foster City, Calif.-based solar installer. "Our cash sales have increased dramatically."

For consumers who still can't afford to purchase, SolarCity has a residential leasing option. It lets them put solar on their roofs without the hefty upfront costs. Customers cut their power bills while the rebates and tax credits flow to SolarCity, which maintains ownership of the panels.

The deal has proved so popular that it has turned SolarCity into the state's largest installer of residential rooftop photovoltaics.

Kreamer's SunRun offers a similar program known as a power purchase agreement. His company installs, maintains and owns the systems. Homeowners sign a long-term contract with SunRun for solar energy that's priced below what they pay for conventional power.

Californians pay some of the highest electricity rates in the country. Rates in many parts of the state are rising.

The Gerdeses' utility, Southern California Edison, is asking state regulators to allow it to collect more than $700 million extra from its ratepayers next year.

It won't be coming from the Gerdeses. With solar panels now snug on their roof, the couple needn't worry about rising electricity bills as the recession deepens.

"We can think about turning the hot tub back on now," Michelle Gerdes said.

November 22, 2008

Solar boom

Palm Desert's loan program giving contractors seeds to grow their businesses

K Kaufmann
The Desert Sun

When Palm Desert started its five-year crusade to cut energy use by 30 percent, energy manager Patrick Conlon had a list of three solar contractors interested in working with the city.

Today, with the town of 50,000 leading the nation with its innovative energy loan program, Conlon's list has grown to 22 contractors, all avid to grow their business in the desert.

The Palm Desert loan program, which provides residents affordable financing for solar and other high-priced, high-efficiency technology — such as kilowatt-stingy air conditioners and pool pumps — is quickly becoming a much-needed bright spot in the valley's struggling economy.

“We refuse to play a part in this recession,” said Vincent Battaglia, president of Renova Energy Corp., a Palm Desert solar and energy consulting firm that has grown from two to 10 full-time employees in its first year.

“We're making enough to keep people employed and train people,” Battaglia said.

Based in Laguna Hills, Revco Solar Engineering has been in the valley for four years, but the Palm Desert loan program has helped to kick the company's business into a higher gear, sales manager John McGlinn said.

“We're adding sales people, expanding marketing right now,” McGlinn said. “2009 is going to be very good.”

Palm Desert launched its loan program in August with $2.5 million in startup funds from the city's general fund. That money was used up in less than a month as Conlon's office flooded with more than 100 applications from residents.

The City Council recently approved another $5 million for the program, but whether those dollars will have a ripple effect on the valley's economy is a point of contention.

Economist John Husing, who has followed the region's development for about a decade, says the loan money will not necessarily spur growth.

“If the companies that come are companies that also start doing business outside the region, then they are a source of outside dollars, and become a gold mine,” Husing said. “If they're only doing work within the region, then the dollars are being recycled.”

But Conlon said the initial $2.5 million the city has put into the loan program is definitely benefiting the local economy.

“These (funds) are going for energy improvements,” he said. “They're paying workers; they're keeping contractors busy during the slow season.”

At the Coachella Valley Economic Partnership, CEO John Soulliere is also bullish on the impact of conservation programs. “Without question, Palm Desert's activities, as well as Palm Springs', are beginning to attract attention because they're creating an end market,” he said, referring to Palm Springs' recent Sustainability Summit. “You're going to see companies coming in and taking advantage of that.”

Add that to the region's considerable alternative energy resources — solar, wind and geothermal — and the valley could find itself at the center of the kind of green business boom many energy experts say is essential for California's and the nation's economic recovery.

“Wind and solar in the Southwest very well could lead the economy out of recession,” said Edward W. Zaelke, a board member of the American Wind Energy Association, which held its fall symposium in Palm Desert this week.

“We're hopeful that with the economy beginning to get back on its feet by the end of '09 and with the general view to solving the energy security and climate change (issues), the industry is going to pick up.”

Incubator businesses

The growing competition among area solar suppliers is another sign of returning economic health in the valley.

In addition to installers such as Renova and Revco, solar leasing firms are eyeing the valley, with Bay Area-based SolarCity becoming the first.

“We want to expand into areas that use a lot of power,” said Lyndon Rive, the company's CEO and co-founder. “The sun exposure in that area is fantastic. We are ramping up to meet the demand.”

The company offers its customers 15-year leases on solar equipment that locks them into a flat monthly rate with no up- front investment.

“It wouldn't have made sense to borrow $100,000 and pay it off,” said Marc Bernstein of Palm Desert, the company's first valley customer. “I freeze my kilowatts at 15 cents for the next 15 years.”

While his savings will be modest to start — about $85 a month — Bernstein expected his leased solar panels to put a major dent in his summer electric bills, which run from $750 to $1,250.

Meanwhile, Battaglia and his business partner, Thomas Hall, hope to nurture green business in the valley with a green business incubator — an office space providing low rents and other technical support to fledgling businesses developing green products and services.

Negotiations on the site are being finalized, but plans are to make the building more energy- efficient. Prospective tenants also will have to embrace a “triple bottom line” approach to business, Battaglia said.

“When you do things for profit and you do things for the growth of the business and you're doing things for the community, that's the green way,” he said.

Battaglia and Hall also have taken the project to officials at the Palm Desert campus of UC Riverside, where provost Carolyn Stark sees a lot of potential for hooking up incubator businesses with capital, executive expertise and other incubators.

“We're in the exploratory stage right now,” Stark said. “We have a group of executive folks — snowbirds, executives in residence — and those are people with senior executive experience that can help mentor young growing companies.”

The school is also part of a “networking incubator” that could connect valley businesses with expertise and other emerging businesses in the region, she said. “(It) involves UCR Palm Desert; it involves our campus in Riverside; it involves Cal State San Bernardino, and it involves Claremont Graduate School,” Stark said. “That's the role universities play across the country, bringing these resources together, so young companies can access them.”

Going valleywide

The next step toward creating a valleywide base for green business will take off in January with the launch of the Desert Cities Energy Partnership.

Modeled on Palm Desert's five-year plan, but with more modest goals, the project will create an unprecedented partnership of all valley cities and power companies — Southern California Edison and the Imperial Irrigation District — to cut energy use 10 percent throughout the region by 2012.

Details of the program were discussed Thursday at a meeting of the Energy and Water Conservation Subcommittee of the Coachella Valley Association of Governments, which will be the regional coordinator for the project.

“It provides some significant incentives to invest in energy efficiency,” said Katie Barrows, director of environmental resources for the association.

“(Cities) can start by looking at city facilities and some of the newer technology in lighting, pool pumps,” Barrows said. “If they commit to the 10 percent energy-savings goal, there's an incentive that pays them back.”

Edison has come up with startup funding for the program, which will also include education and outreach programs in the community. The company is also hoping to offer zero-percent loans for energy upgrades on municipal buildings, said Tony Coonce, a project manager for Edison.

On the east end of the valley, IID is going to supply each city with an energy conservation staff person, said Gary Ambach, the company's superintendent for supply-side management.

The company is also launching a Web site where east valley residents can take a “power pledge” to cut their energy use by 10 percent.

“The first step is to look at city facilities and what a city can do to improve its energy efficiency,” Ambach said. “We're in the process of doing that with the city of La Quinta.”

An energy study of all city buildings recently went to the La Quinta City Council, and a public workshop on energy-saving programs available to residents is planned for Dec. 4, said assistant City Manager Brett Plumlee.

“The benefit in the end is really helping the environment,” Plumlee said. “If you focus in on marketing the programs that are out there, we're able to develop more programs.”

A valleywide energy loan program similar to Palm Desert's is also in the works, with association officials looking at options for a regional “energy district.”

Ambach has already volunteered IID to serve as a one-stop loan administrator for east valley cities.

Both utilities said the conservation efforts prop up their bottom lines.

“The least expensive kilowatt-hour is the one you don't use,” said Vanessa McGrady, an Edison spokeswoman.

“If you have people in the mindset to conserve, you have to build fewer power plants, have less maintenance of equipment,” she said. “It's a win for customers because they don't have to pay as much, and it's a win for the company because they don't have to build infrastructure.

“That's why we work so hard to have people not buy our products.”

I am going to focus on Hesperia issues from here on out as I made a 4 year commitment to the voters in Hesperia when campaigning for the job. If nothing dramatic changes the vote count, I will be sworn in on Dec 2 at City Hall. I hope to have some "town hall" type meetings if the other council members will ok them. I think that a open discussion of the issues that we face is a much better way of exchanging ideas and it will allow the council and city staff an opportunity to explain what is possible and probable with the limited resources that the City has. Stay tuned and check back from time to time for my take on Hesperia issues.

The main problem issues and solutions in Hesperia as I see them-

1. Not enough sheriff deputies for the population of Hesperia. The last annual report from the County Sheriffs Department ranked Hesperia last in the number of deputies per number of residents in the High Desert. 1 deputy for every 2,321 residents with a 12% rise in crime from 2006. Please see 2007 Crime Statistics page.

2.The road paving still needs to be a priority. There are still hundreds of miles of roads in Hesperia that still need to be paved. When the real estate market comes back, Hesperia homes will sell for a higher price with a paved road in front of them. The quality of life in Hesperia will improve with decent roads to drive on, everyone in Hesperia deserves at least that much.

The main solution to both of the problems above is to increase the tax revenue into the Hesperia General fund.

An increase in sales tax revenue is also needed.The Freeway corridor and the Ranchero Road-15 freeway offramps are Hesperia's best opportunity to bring in new sales tax.The zoning needs to be changed to make it easier for business to set up shop along the freeway. Make Ranchero an easy on and off exit for freeway travelers to stop and spend some money in Hesperia. Sales tax of 1 cent per dollar spent will go into the Hesperia general fund. Vacant land doesn't generate any sales tax. Car dealers are not going to build new car lots there.We can do better than the current plan that will never work.    

This is the online version of the Hesperia Star article.

Paul Bosacki wants his money back

August 28, 2008 - 1:02PM

By BEAU YARBROUGH

Hesperia Star Staff Writer

It's about the issues that will affect Hesperia and one of them is if there will be any sales tax money returned from the freeway corridor.

As you can see by the map above, the City of Hesperia wants to dedicate over 300 acres on both sides of the freeway for Auto Sales Commercial. Right where the new Ranchero/15 on and off ramps will be going in by 2010. For those of you that have been here a while and have witnessed the dumb moves that the City has made, this ranks up there with giving away restaurant row on Armagosa and the south side of Bear Valley to Victorville. Ranchero will be the first major off ramp that travelers will see when they get to the top of the Pass. It will be the last off ramp before going down the hill going home from Vegas or the river. There are no auto dealers that are going to relocate from down the hill to Hesperia. This is the one shot we have to get people on the 15 freeway to pull off and spend some money in Hesperia, and get some sales tax income from them 24/7. It needs to be zoned Commercial and the City needs to offer incentives to bring in restaurants, gas stations, hotels and stores. If this plan goes through, this land will stay vacant for the next 20 years and we will not see any sales tax from the freeway corridor. Hesperia's loss is Victorville and Apple Valleys gain, again.

A new letter to the Daily Press editor dated August 21,

In response to the “Hesperia’s plan to revitalize growth” story:
In yet another example of why the City of Hesperia after 20 years has no “big box” retail stores or any sales tax generation, this plan actually blocks businesses from setting up shop in Hesperia along the freeway. If passed in its current form, this plan will kill off the last opportunity along the 15 Freeway corridor for any realistic sales tax generation. Plans are in place to build on and off ramps on both sides of Ranchero Road at the 15 Freeway. Ranchero will be the first major off ramp for the north bound traffic at the top of the Cajon Pass and last freeway off ramp for south bound traffic going down the hill. Ranchero would be the perfect “pit stop” for people to stop and eat, shop or fuel up on their way to or from Las Vegas, the river or where ever else people travel from on the 15 Freeway. This would be similar to what Bear Valley Road is now, only less congested, if planned correctly. This is a one time golden opportunity for Hesperia. An opportunity that the people of Hesperia cannot afford or allow the City of Hesperia to waste with this plan.

How will the City’s “blueprint for our future” take advantage of this prime 15 Freeway location with north and south freeway access? How do we get some of the 215,000 cars that travel on the 15 Freeway every day to pull off at Ranchero and spend some money in Hesperia?  Amazingly and with out any facts to support this theory, this plan has dedicated the 300+ acres on both sides of the 15 Freeway as Auto Sales Commercial. That’s right, Auto Sales Commercial. Not regional commercial, not retail commercial but betting our sales tax future on selling new cars. The plan to “revitalize growth” and to generate sales tax for Hesperia is based on assumptions that have little or no chance of ever happening. First, that car dealers who have existing locations down the hill will have a reason to buy land and build a new car dealership in Hesperia.  And second, that people on their way to and from Las Vegas are going to take the time to pull off on Ranchero to buy a new car. The local population can’t support the new car dealerships that we have now, so it will have to be the 15 Freeway traffic that will make this sales tax generating plan happen. How is this working out for Victorville with their auto center off of the 15?

When Hesperia gave Victorville the land west of the 15 at Bear Valley Road and Armagosa, many of us questioned the logic and intention of that decision. The Lowes and all of the restaurants  on Armagosa now provide plenty of sales tax revenue for Victorville, not Hesperia. Drive east down Bear Valley Road and compare the Hesperia side to the Victorville side as far as businesses go. Keep going across the river and see what Apple Valley has done at Bear Valley and Apple Valley Road. Whatever Hesperia has economically tried in the past, it has not worked. Twenty years after incorporation, the people who live in Hesperia still shop and dine in Victorville and Apple Valley.  The sales tax from Hesperia’s residents buying in Apple Valley and Victorville does nothing to help provide public safety and services in Hesperia.  It’s time that the Hesperia City Council take a hard look at the City’s failure to keep up with our neighbors economically, and to make sure that this plan is not a continuation of those failed policies. Apply some common sense. Ask yourself why you would pull off of the freeway on your way to Las Vegas or on your way home from Las Vegas. I don’t think that any of the answers is to buy a new car.
Send this plan back to the City to let them prove that 300 acres of new car sales is the best use of the freeway corridor land. Who are the car dealers who want to build here? Have they bought the land? When will they be building their dealerships? If there are no dealerships expressing any interest, zone this property so that the freeway corridor will have real businesses along it and  they will generate some much needed sales tax revenue for the citizens of Hesperia. Do the right thing for the people of Hesperia.

This is a previous letter to the editor of the Hesperia Star.

Letter to the Editor: August 5, 2008

The issues back in the 80's are still the issues now. The County board of Supervisors is still trying to run Hesperia and still not returning our property tax money to hire cops or pave roads with.

The road to cityhood

For almost 100 years, Hesperians were content with their little community at the top of the Cajon Pass, a spot to for travelers to stop (and spend) on their way somewhere else, and a rural retreat for those uninterested in living in the increasingly crowded Los Angeles, or unable to afford to.

But in the 1980s, all that began to change.

Some residents, who were living in an unincorporated area of San Bernardino County, began to resent being governed by a distant board of supervisors in San Bernardino.

"As I think is the case with most cities, the revenue stream didn't equate with the population," said George Beardsley, one of the city's first councilmen, from 1988 to 1992. "We had between one and one and a half sheriff's deputies for the whole community."

That's one-and-a-half San Bernardino County Sheriff's Department deputies for a community of 59,745 in 1988.

"It was that, plus roads," Beardsley said.

"The county was not returning nearly the amount of money that the Victor Valley was sending to San Bernardino," said Percy Bakker, councilman from 1988 through 1994. "That was a documented fact."

So in 1983, some residents decided that the community should incorporate as a city. They put the measure before the voters. And failed. The pro-city vote was only around 35 percent, said Bakker.

In 1988, they tried again, and this time, it passed with 85 percent of the vote. Bakker gives some of the credit to the city of Victorville.

"One of the things that occurred during that five year period was Victorville's rapid expansion toward Bear Valley Road," he said. "There were property owners south of Bear Valley Road that were considering annexing to Victorville.

"The threat of Victorville moving across Bear Valley Road was a big motivator for people, I feel. ... You might call it community pride. People living in Hesperia are proud of Hesperia. People in Victorville feel likewise. But never the twain shall meet."

"Some communities do this with a few thousand people. We were way late," Beardsley said.

The political climate was right for self-determination: The Hesperia Unified School District was established the year before, and Hesperia was only the first of several communities in the county to incorporate in the next few years.

"Six months after we incorporated, Apple Valley incorporated," Bakker said. "And there were cities down below. Highland incorporated. There were several cities that saw the benefit of incorporating."

On the same ballot where voters chose whether or not to incorporate were also a slate of potential city council candidates, some for four year terms, some for two-year terms, setting up the staggered voting schedule that continues to this day.

The first city council. Val Shearer, Howard Roth, Bruce Kitchen, George Beardsley and Percy Bakker, "all were long term, very community-minded individuals," Bakker said. "We worked together very well as I remember."

"I don't think we had a choice: We had to self-govern," Beardsley said. "Does that mean we did everything as well as it could be? No, we're just people. We gave it the best shot with the information we had."

That meant hiring city staff, setting up city departments and establishing city ordinances.

"You're just building everything from scratch, i.e. your departments, your department heads and policies," Beardsley said.

And despite worries from city hood opponents that incorporation would mean the end of Hesperia's rural atmosphere, Bakker believes voters made the right decision.

"I think that our law enforcement force, and our roads, too, have certainly drastically improved in the last 20 years," Bakker said, "But I don't think that they would have, if we had not become a city."

Drying up: Lifeline in jeopardy

VV Daily Press 12-18-07 By TATIANA PROPHET Staff Writer

• A 2001 study by engineering firm Parsons projected that the Baldy Mesa Water District, located mostly west of 395, will have zero water supply from its wells by 2010, with 11.1 million gallons a day of demand.
    
• The study also projected that Adelanto’s wells will produce only 5 million gallons a day, when demand will be 16 million gallons a day.
    
• With 60 million gallons a day of demand, the former Victor Valley Water District will be able to produce 40 million gallons with its own wells, according to the study.
    
• And finally, the San Bernardino County Special Districts will have no source of water for its wells, but a demand of 10.8 million gallons a day.
    The Mojave Water Agency is counting on California Aqueduct water to make up for any excess in demand.
    But its upcoming project, dubbed R-cubed for “Regional Recharge and Recovery,” is facing opposition from some residents in Hesperia.
    Originally called “Superwell,” the previous name is still used by opponents, who view it as a way for Victorville to move water to its west side.
    “You can see where the agencies themselves have huge plans for huge developments for which maybe water will not even be available,” said Al Vogler, a longtime Hesperia resident and husband of Councilwoman Rita Vogler.
    Vogler feels that Victorville and Adelanto should use Aqueduct water on the west side and run it through a treatment plant.
    Brill, who spoke before the Hesperia City Council in August to address members’ concerns, insists that R-cubed is benefiting the entire valley.
    The agency has stored 100,000 acre feet of water already, using its Morongo Basin pipeline at Rock Springs Road in Hesperia and funneling water from Silverwood Lake, a reservoir of aqueduct water, to the Mojave Riverbed, where it percolates into the ground water. That’s enough to supply 100,000 families of four for a year.
    It is the entry point of Hesperia that has some of its residents up in arms. The city has some of the highest-quality ground-water in the state. And the aqueduct water, filtered naturally through sand and gravel, is not quite as clean. It will mix with Hesperia water and be funneled throughout the valley.
    And for Brill, it is clean enough.
    Hesperia’s water has an average of about 150 milligrams per liter of total dissolved solids, minerals and salts. But aqueduct water has an average of about 250 milligrams per liter, said Brill.
    In August, after speaking to the Hesperia City Council, Brill acknowledged to the Daily Press that Hesperia groundwater has no arsenic but that aqueduct water does. Baldy Mesa and Victorville have already had to build arsenic treatment plants because their water has more mineral content.
The Parson study says the Mojave Basin contains 7 million usable acre feet of water in the upper 50 feet of the system — enough for 175 years of use. A Daily Press examination of data provided by the United States Geological Survey reveals that the groundwater level in the Baldy Mesa wells is deeper and has gone down faster than the wells in Hesperia.