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Points about Cannabis petitions
Title: SB Regulate and Taxation of Marijuana Act of 2018 /`�6
Notice of Intention filed with CCO: 3/21/2018
Ballot Title and Summary: 5/11/2018
Signatures received in CCO: Monday June 25 at 9:30
Preliminary count by CCO: 11,121
Delivered to ROV 6/25 at 1 p.m.
Request 3% (or 500 signatures) verification
Status of count: ROV official said they would update on Monday, July 9.
Title: An Act to Tax and Regulate State -licensed Cannabis Businesses within the City of San Bernardino
Notice of Intention filed with CCO: 6/14/2018
Correspondence received for 7/5/2018 MCC meeting
Agenda Item # 15
This is Mark Gutglueck with the San Bernardino County Sentinel. I am
writing with regard to the current contretemps involving your sacking of
Mark Persico as community services director and the consequent hiring
of Jeff Bloom to replace him, at least on an interim basis.
You will recollect, I am certain, that on June 6 the city council took up a
proposal by ACAA LP/AHD LP to establish a gas station/convenience
store at the confluence of Inland Center Drive and the I-215 Freeway.
That proposal included a provision that the market be able to sell hard
liquor above and beyond beer and wine that is sometimes sold out of
such commercial venues. Mr. Persico, as the community development
director, recommended against the city approving the project with the
hard liquor sales licensing component. The council, with Mr. Mulvihill
dissenting, overrode Mr. Persico's objection 6 -to -1, and allowed for the
project to proceed with the entitlement to sell hard liquor. Mr. Valdivia,
in whose district the project is to be built, gave a glowing
recommendation of the project, saying "This is a fine establishment,"
and in doing so, essentially, encouraged his colleagues to support it as
well. Mr. Valdivia did not disclose during that discussion that ACAA LP
provided him during the current election cycle with $2,000 for his
campaign for mayor. Also championing the project was Mr. Nickel.
ACAA LP's counterpart, AHD LP, was likewise generous in funding
Mr. Nickel's current campaign for State Assembly, providing him with a
$1,000 contribution toward his electoral effort.
Less than a month after the council's vote on the ACAA/AHD
partnership project, the San Bernardino County Grand Jury delivered its
2017-18 annual report, which contained a somewhat ambiguous chapter
with regard to the function of the City of San Bernardino's code
enforcement division. The report on one level indicated that the code
enforcement division's response to citizen complaints had been
ineffective, entailing a substantial backlog of unaddressed complaints
accumulating prior to January 2018, when the code enforcement division
was entirely reorganized, under your leadership as city manager, to be
run out of the police department. While this could be construed as laying
the blame at the feet of Mr. Persico, since the community development
department until January 2018 oversaw code enforcement, the report
also made clear that the difficulties in the division predated Mr. Persico's
2014 hiring by San Bernardino and that in 2012 deficiencies had been
noted with the division and that there had been significant personnel
attrition in the division since that time, when the city had filed for
bankruptcy protection and began shedding personnel. Reports are that
you armed herself with a copy of the grand jury report prior to its
official release, and used that as a pretext to cashier Mr. Persico, who
was one of those who competed with you during last year's city manager
recruitment process. Mr. Persico was escorted from the building in
which the community development department's office is located on
Thursday afternoon in what was intended as a humiliating close to his
four-year tenure as a San Bernardino city official. That came less than a
day prior to the official release of the grand jury report. You have now
moved to hire Jeff Bloom, who was most recently Rancho Cucamonga's
economic and community development director/deputy city manager
and is now retired, as Mr. Persico's replacement on an interim basis.
Prior to coming to Rancho Cucamonga, Mr. Bloom had been Upland's
community development director, a position from which he was
terminated in 2011. Mr. Bloom's tenure in Upland corresponded with the
mayoralty of John Pomiersi. Mayor Pomierski was a licensed contractor
with his own company, JP Construction, and also had a "consulting"
business. Mr. Pomierski's partners in the consulting operation were
Jason Crebs and Anthony Orlando Sanchez, the co-owners of Rancho
Cucamonga -based Venture West Capital. Mayor Pomierski would
routinely find out what applications had been made for permits or what
approvals were pending on projects submitted to the city's planning
division, which was overseen by Jeff Bloom, and then Mssrs. Crebs or
Sanchez would approach the applicants and tell them their projects
would stand a far better prospect of approval, or expedited approval, if
the applicant were to hire the consultancy to assist in chaperoning the
project through the planning process and any hearings before the
planning commission and the city council or, in the alternative, if the
applicant were to hire JP Construction as a subcontractor. In 2011, after
a series of FBI raids at Upland City Hall, and the homes and offices of
Mr. Pomierski, Mr. Crebs and Mr. Sanchez in 2010, John Pomierski,
Jason Krebs and Anthony Sanchez were indicted by a federal grand jury,
arrested by the FBI and convicted, Mr. Pomierski for taking bribes and
Mr. Krebs and Mr. Sanchez for aiding and abetting bribery. Jeff Bloom
was not criminally charged in that governmental corruption scandal,
though it was well recognized that he had a pretty clear picture of what
was transpiring. John Pomierski's depredations reached their zenith
between 2005 and 2010, after he had forced Upland's previous city
manager, Mike Milhiser, out of that position, convincing his council
colleagues to replace him with Robb Quincey, whom Mayor Pomierski
had hand-picked. City Manager Quincey would himself later be charged
and convicted with corruption while serving in his capacity as the City
of Upland's top administrator. Jeff Bloom was a key member of the
management team that Mr. Quincey assembled and which either
facilitated Mayor Pomierski in his efforts to shake down those
attempting to transact business at City Hall or turned a blind eye to
it. The community development department, which oversaw the city's
planning and land use divisions, was the one city department most
crucial to Mayor Pomierski being able to convince those he victimized
that he possessed the authority and ability to grant or deny their projects,
filings and both permit and licensing applications.
Against the above outlined backdrop, the Sentinel is now preparing an
article on Mr. Persico's sacking and his replacement with Mr. Bloom.
Accordingly, I have some questions of you, the answers to which I
would like to incorporate into the article.
A) There is a perception that Mr. Persico's recommendation on June 6,
which the council (minus Mr. Mulvihill) rejected, was at least a partial
motivation for terminating him. Is this perception to be accurate?
B) Were you aware on the evening of June 6, when the city council
voted with regard to the ACAA LP/AHD LP project that Mr. Valdivia
received a $2,000 contribution from ACAA for his current campaign?
C) Were you aware on the evening of June 6, when the city council
voted with regard to the ACAA LP/AHD LP project that Mr. Nickel
received a $1,000 contribution from AHD LP for his current campaign?
D) Do you believe that Mssrs. Valdivia and Nickel should have
disclosed that they were recent recipients of campaign funding from
ACAA LP or AHD LP during the discussion prior to the vote on the
ACAA LP/AHD LP project on June 6?
E) Do you believe the findings in the 2017-18 San Bernardino County
Grand Jury Report with regard to the City of San Bernardino's Code
Enforcement function formed an adequate basis upon which to terminate
Mr. Persico?
F) How would you respond to the assertion that the grand jury report
was used as a false pretext to fire Mr. Persico?
G) Was your decision to terminate Mr. Persico in any way tainted by an
animus against him because he had been among your competitors for the
city manager's spot?
H) Are you aware, either generally or specifically, with regard to the
issues relating to Mr. Pomierski's involvement in and Mr. Bloom's
relationship to the Upland corruption scandal?
I) Are you concerned that jettisoning Mr. Persico in favor of Mr. Bloom
will create a perception that you are abetting members of the city council
in fishing for bribes and kickbacks (or simply substantial campaign
contributions) from interests seeking permits and project approval from
the city through its community development department?
J) How was it that you were able to get a copy of the grand jury's final
2017-18 report before it was officially released? Was this provided to
you through agency -to -agency privilege?
The Sentinel publishes on Fridays, so I am seeking now to get as much
input as I can to meet my deadline which will be very late in the PM
Thursday or very early in the AM Friday. I would appreciate if you
could provide me with any responses to my questions above which you
deem appropriate to answer in time for me to meet that deadline.
Thank you for your time and whatever assistance you can lend me.
Mark Gutglueck
(951) 567 1936
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