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6/28/18 – Every citizen with a sense of righteousness in their heart will be appalled by what they are about to read : Despite the Riverside Grand Jury finding clear and convincing evidence of malfeasance in the backdoor dealings of councilmember Art Welch (see report), four out of five members of the Banning City council reject a motion by councilmember Don Peterson to censure Welch for his lawless conduct.

With their unconscionable decision, the Banning City council has now officially embraced total lawlessness in a city which has a long standing reputation of being one of the most corrupt in the State of California. After all, do you know of another city that had three Grand Jury investigations in less than 8 years? We don’t.

The latest corruption crisis is brought to you courtesy of ultra crooked councilmembers (lying) Debbie Franklin, George Moyer and their latest disciple, Daniela Andrade. Within two short years, Andrade has shape-shifted from an advocate of the people into a self-inflating turncoat, out to serve and protect the good-ole-boy system.

As the video of the sessions shows, Andrade even attacked the properly seated Grand Jury for being incompetent and biased. That is just what Banning needed, isn’t it?

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FRANKLIN, MOYER AND ANDRADE INDICATE THEY HAVE NO PROBLEM WITH WELCH’S LAWLESS BEHAVIOR

The nature of a censure process is to disapprove unlawful activity by a councilmember. If the council does not censure the member, they are saying that they condone and support everything the member has done.

In this case, the failure of Franklin, Moyer and Andrade to take action against Art Welch sends a message that adds insult to injury. The message is: “Art Welch did nothing wrong.  Nothing at all.  Do it again, Art.  It’s ok with us, buddy!”

With such an unconscionable attitude by four elected officials, it is safe to say that Banning is in deep, deep trouble. Houston, we have a problem….. our corrupt city leaders are encouraging malfeasance.

Not good. Not good at all……

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DANIELA ANDRADE SHOWS SHE HAS BECOME “ONE OF THEM” – QUESTIONS THE GRAND JURY’S DILIGENCE

Over the recent months it has become increasingly clear that Daniela Andrade, at one time a purveyor of righteousness on the council, has since completely flip-flopped and become a gatekeeper for the status quo in Banning.

In what can only be described as an unbelievable display of arrogance by an elected official, Andrade stated that the Grand Jury failed to fully investigate the issue and that more witnesses should have been interviewed, like for example all five council members as well as representatives of Diamond Hills Chevrolet.

It appeared that with her statement Andrade was attempting to “grasp for straws”, in order to find a reason to reject the Grand Jury’s findings.

Andrade’s approach is nothing new for Banning : ever since the (first) 2010 Grand Jury report, Banning city leaders have made repeated attempts to downplay the significance of the Grand Jury and their findings. They have even boasted about NOT following Grand Jury recommendations!

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For example, here is a 2013 clip of former Mayor Bob Botts in which he addresses the CEO of the San Gorgonio Hospital. Listen as Botts belittles the Grand Jury by referring to them as always the typical “naysayers” :

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As this video shows, Banning city leaders have a long history of disregard for the rule of law – and so far they have gotten away with it. Their general attitude shows contempt for our entire judicial system, to even include the Presiding Judge of Riverside Superior Court, who personally reviews all Grand Jury reports before they are released to the public.

Banning officials like Daniela Andrade, Bob Botts and others really have a lot of nerve when they imply that they are smarter and much more qualified than the highest judge in Riverside County. Who do they think they are?

Not only does this prove that they are out of touch with reality, it also indicates an attitude of lawlessness, arrogance and self-righteousness. After three Grand Jury reports, these are attitudes that Banning can no longer afford. Take that to the bank, Andrade!

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IT’S A RIGGED VOTE : JUST WATCH THEIR BODY LANGUAGE

We encourage our readers to closely watch the body language of Franklin, Andrade, Moyer and Welch as Don Peterson makes his motion to censure Welch at the 29:50 minute mark.

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Watch as the entire group enters into an eerie freeze. Nobody moves. Nobody gestures. Nobody says a word. It looks like they are all frozen. A ghostly, almost demonic silence fills the chambers. It must feel like an eternity for those participating in this bizarre “theater of the absurd”.

It’s obvious they can’t wait for this to be over. And you cannot help but notice their relief when George Moyer finally announces that the motion “dies for lack of a second”.

Folks, this what it looks like when a vote is rigged. It is an odd, painful experience. Just ask the riggers.

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CONCLUSION

Lawless activity of one councilman, Art Welch, has created a major crisis for Banning. But instead of holding him accountable under the law, the majority of the council acts like spoiled children, refusing to acknowledge that their good-ole-body buddy has indeed gone too far.

The little credibility that Banning had left was destroyed on June 26, 2018. After three Grand Jury reports, Banning leaders have abandoned accountability and the city has officially embraced total lawlessness.

Debbie Franklin, Daniela Andrade, Art Welch, and arguably the worst Mayor in Banning’s history, George Moyer, run Banning like it is a Banana Republic ……. and this is why each one of them needs to be removed from office – rather sooner than later..

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7/17/17 – Once again, Banning lives up to its reputation of being a cesspool of filth and corruption. This time, America’s leading “stolen valor” website, “Thisainthell.us” , has exposed Banning School Board Trustee Jan Spann as a phony Viet Nam Vet.

CLICK HERE TO GO TO :   THISAINTHELL.US    ARTICLE ON JAN SPANN

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Is anyone surprised ? This is not the first time Banning has been lead by a public official who has distorted his military record. A few years ago, our website exposed former Banning Mayor Don Robinson for falsely claiming that he underwent training as a Navy Seal. (click here for that story).
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PHONY VIETNAM TALES

In one of her previous Facebook posts Spann claimed she did not one, but two tours in Viet Nam. In this context, Spann also says that she became a Registered Nurse at age 19. Really? Spann makes the bizarre claim that as a “medivac nurse” in Viet Nam, she “went out and found” wounded soldiers on the battlefield and “brought them back”.

The problem with this story is, that medevac nurses never wandered around the battlefield to evacuate the wounded. Such an account must be dismissed as pure fiction.

When it comes to Spann’s bullcrap Viet Nam account, seeing is believing:

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DURING HER ALLEGED VIET NAM TOURS, CALSTATE RECORDS PLACE SPANN IN LONG BEACH, CA

Records retrieved by The Banning Informer from CalState Long Beach indicate that during the time Spann claims to have made two tours in Viet Nam (10/68 to 3/71) she was actually enrolled at CalState Long Beach for the entire time, working on her BS degree in Microbiology, which she obtained in January of 1972.

The time of her CalState attendance is identified as from 9/68 to 1/72 (click here to view CalState record). Not even an obvious con-artist like Jan Spann can be in two places at the same time.

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NO RECORD OF MILITARY SERVICE WHATSOEVER

The “National Personnel Records Center” provides records of any soldiers ever enlisted in the US Armed Forces. In the case of Jan Spann, the agency came up empty handed (see response).

Despite being provided with Spann’s date of birth and SSN, the agency said there is no record of a Janis Hartman (her maiden name at the time) ever being enlisted.
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RECORD GAZETTE RUNS WITH SPANN’S PHONY VIETNAM STORY

Banning’s local paper, the Record Gazette, has a solid reputation of distorting the facts, while rarely bothering to investigate them. This time it is no different :

In their recent article of June 29, 2017, Record Gazette reporter David Heiss, presented Spann as a writer of a Civil War Novel, even though it was written years ago.

In the article, Heiss proclaims that Spann “served in the Viet Nam war”. (click here to view). As it turns out, this sorry excuse for a “reporter” did not even bother to fact check her phony Viet Nam claims.

On a weekly basis, disinformation and fake news are being disseminated by Banning’s local paper. This is a major reason why the City seems unable to shed off its corruption problems.

It is because of failed “reporters”  like David Heiss – and pathetic “columnists” like Gail Paparian –  that an unsuspecting public is mislead into believing that this disgusting, filthy windbag is actually an honorable Viet Nam vet. The foregoing serves as a perfect example why the Record Gazette is commonly referred to as the local “fish wrapper” . The publication is best compared to a malignant cancer that has befallen the community.

Did the Record Gazette plan to endorse Spann’s 2018 run for City Council? We wouldn’t be a bit surprised, and their article may just have been intended to lay the foundation for her candidacy by making her a household name.

 

SPANN’S TELLING LIST OF FACEBOOK FRIENDS

Those who know how Banning operates also won’t be surprised to see that Jan Spann rubs shoulders on Facebook with an abundance of corrupt political hacks, (view list as captured on 7/17/17).

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.Her “friends” list goes from pathetically useless Senator Mike Morrell to super shady former Banning Mayor Bob Botts, who recently attempted to install Spann on the Banning Planning Commission.

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.Other friends consist of former Mayor Barbara Hanna and even former Mayor and fake “Navy Seal” Don Robinson. The list would not be complete without former Mayor Don Smith, who’s Cultural Alliance has been accused of screwing the taxpayer out of $ 1.4 M.

Listed are also (surprise, surprise!) David Heiss (aka “Jamey Heiss”), the author of the recent Record Gazette article on Spann, and the queen of Banning fake news, “for rent” media whore “columnist” Gail Paparian (more on her here and here).

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CONCLUSION

It shouldn’t come as a surprise that Banning has yet another military imposter at the helm. Jan Spann has slapped all soldiers and nurses ever serving in the military in the face. Even more so, she has stolen the valor of so many nurses who faithfully served in Viet Nam. Last but not least, Jan Spann has given Banning a bad name.

Jan Spann appears to be a notorious sociopath. This despicable, lying piece of Banning filth, has no place running our schools. The Banning School Board must immediately proceed to censure Spann, and she must be forced to resign.

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5/7/17 – The citizens of Banning ought to be on high alert. On Tuesday May 9, the Banning City council will fill two vacant seats on the Planning Commission.

Despite there being a total of 9 applicants, it appears that the appointees have already been selected behind the scenes. We predict them to be Joe Shaw and Jan Spann. This is the way business is done in a corrupt city : qualifications do not matter, but political connections do.

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PUPPET CANDIDATE JAN SPANN – ANY ROTTEN  DEVELOPER’S DREAM

A Facebook exchange between Spann and former councilmember Bob Botts tells the story. After resigning from the City Council in 2013 under dubious circumstances, Botts has done what most professional politicians do : he has since capitalized on his former position as Banning’s Mayor, by becoming a lobbyist for Developer Diversified Pacific. With Botts’ help, the Company was able to secure approval for a controversial 3,400 home development in Banning, named Rancho San Gorgonio.

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Both personally and as a School Board Trustee, Jan Spann was Banning’s premier cheerleader for the project. The principle of Diversified Pacific is Jeff Burum. He is currently on trial in San Bernardino for multiple counts of bribery to local politicians.

The Facebook post confirms that, as the trial continues, his henchman Bob Botts uses his connections to facilitate the installation of Spann onto the Planning Commision. Although the Facebook post has since been deleted,  a screenshot was captured prior to deletion :

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AS UNQUALIFIED AS IT GETS

To understand what is going on, all one needs to do is look at Jan Spann’s application (to view click here). The poorly written, yet pretentious document proclaims that it is the Planning Commission’s purpose is to be “educational” about the benefits of new developments. Kind of like a cheerleading squad, we suppose? Just how stupid does Spann think is the public anyway? Apparently, pretty darn stupid : “The public needs to be totally educated”, she proclaims.

With such arrogant – and ignorant – comments,  Spann must have confused the Planning Commission with the School Board. Last time we looked, a Planning Commission has no educational role whatsoever. It is a body which evaluates developments in light of the City’s ordinances and General Plan, and has an obligation to adhere closely to both.

Spann’s comments show that she is looking at the Planning Commission as a cheerleading institution for developers, which obviously completely disqualifies her for the position. No wonder she is Diversified Pacific’s dream candidate.

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SAME THREE STOOGES KEEP SELLING OUT BANNING

It is to be expected that the same three councilmembers that have sold out Banning in the past, will also do so on May 9.

When it comes to appointments in Banning, political connections always outweigh qualification. That is the way it has always been here. And it is the reason why Banning remains the dysfunctional mess that it is famous for.

When Diversified Pacific sought approval for the 3,400 home Rancho San Gorgonio project, Councilmembers Franklin, Welch and Moyer rushed the monster project to approval in a single session, and it did not matter that it took till 1:30  in the morning, as long as a 3:2 approval was the final outcome.

You see, when it comes to Franklin, Welch and Moyer, you can get anything from these three bought-and-paid-for sellouts, as long as you funnel them some campaign donations. And this time it is no different. Likely the decision has already been made behind closed doors.

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CONCLUSION

The chances of Jan Spann being appointed to the Planning Commission are excellent. And so are the chances of Banning’s citizenry being given yet another shaft by the good-ole boys.

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4/21/17 – As it was made public two months ago, the Banning City council had unanimously found City manager Michael Rock to be in violation of his professional ethics, after it was discovered that he had attempted to manipulate Banning’s 2016 City council elections ( see previous article and announcement here).

Since then, further facts have come to light that suggest Rock may have been involved in other actions that could have violated his professional ethics.

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COUNCILMEMBER DON PETERSON CALLS FOR SECOND INVESTIGATION

As a previous victim of City manager Rock’s previous actions, councilmember Don Peterson has made a call for a second investigation. Peterson describes three incidents, each of which – if confirmed – could constitute further ethics violations.

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ATTEMPTED INSTALLATION OF A DEVELOPER PUPPET ON THE PLANNING COMMISSION ?

Peterson points to a Facebook exchange between former councilmember Bob Botts and School Board Trustee Jan Spann. After resigning from the City Council in 2013 under dubious circumstances, Botts became a paid lobbyist for developer Diversified Pacific, who just received approval for a controversial 3,400 home development in Banning, named Rancho San Gorgonio.

Spann has long been a cheerleader for anything that Diversified Pacific proposes in Banning, which makes her a natural candidate of choice for the developer.

On March 19, both Spann and Botts communicated on Facebook how to best go about Spann’s appointment to the Planning Commission. The post has since been deleted, but a screenshot was captured prior to deletion :

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The post implies that Michael Rock has an active involvement in the appointment process, even though he is not an election official for the City. The post further names councilmembers Art (Welch), Debbie (Franklin), and George (Moyer) as the “go-to” politicians to secure Spann’s appointment. This only makes sense, as all of these three councilmembers have benefitted from campaign donations that can be traced back to Diversified Pacific or its affiliates.

The post implies that there may have been a concerted effort, maybe even a conspiracy, to rig the appointment process in favor of Spann.

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ALLEGED ATTEMPT TO UNDERMINE THE 2016 ELECTION OF DANIELA ANDRADE

Peterson also points out that City manager Rock may have attempted to undermine the 2016 candidacy of councilmember Daniela Andrade.

An email by interim City Attorney John Cotti to Rock suggests that Rock was looking for reasons to disqualify Andrade, because her husband is currently a Banning School Board Trustee.

The full text of the email can be found by clicking here.

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USE OF TAXPAYER RESOURCES TO FOMENT A LAWSUIT AGAINST THE BANNING INFORMER

Another disturbing email by Michael Rock suggests that he is trying to find reasons to bring a lawsuit against this publication, The Banning Informer.

In the email to the City Attorney (click here to view), Rock refers to The Banning Informer as an “illegitimate news service” and proceeds to ask for a legal opinion whether the content of this website constitutes “slander” against any councilmember or staff.

Rock further states that The Banning Informer appeared on the scene at the same time as Councilmembers Peterson and Miller were elected, suggesting the publication was created to support these councilmembers.

However, had Rock done his homework on the issue – instead of talking out of his ass – he would have realized that such a suggestion is beyond ridiculous. Both Miller and Peterson began to take office in January 2013, and a quick look at our website would have revealed that the The Banning Informer began publishing in October of 2009, over 3 years prior, and at a time when councilmember Peterson did not even live in Banning,

The offensive and derogatory remarks by Rock may have again violated his professional ethics, since taxpayer resources were used to further a personal vendetta against The Banning Informer, as well as the First Amendment and Freedom of the Press as a whole. To use public resources in such fashion may not only be unethical, but is also not authorized by law. Therefore, Rock’s actions may also violate criminal law, see CA Penal Code Sec, 424 (a), 2 PC.

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CONCLUSION

The results of the first investigation showed that Michael Rock violated his professional ethics by involving himself in election manipulation, while “lacking credibility” in parts of his testimony he gave to the investigator (see pg. 7 of heavily redacted full report).

Now more issues are coming to light that raise even more questions about Michael Rock’s integrity. When will this menace finally be shown the door?

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10/5/15 – More than once we all have heard criticism that this City council does not accomplish anything “positive”.

In an attempt to counter those critics, council member Ed Miller has compiled a list of 27 accomplishments of the current council. Are his points valid? – Let’s examine them one by one.

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In the above video, Council member Ed Miller makes the following points:

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1. The mine operating within our City limits is finally being taxed, thanks to the voters of Banning approving the ballot measure proposed by this Council. That tax money is being used for a variety of purposes, helps balance our budget, and hopefully in the future will help alleviate the polluting dust and noise produced by the mine. What is interesting and perplexing is that previous Councils did not attempt to obtain any of this sorely needed funds, for reasons that I cannot fathom. (Our comment: the lack of action by previous councils needs to be view in light of the fact that at least 3 previous council members (Botts, Hanna, Machisic) received substantial campaign contributions from the operators – see our previous story.)

2. In addition, this tax is an incentive for the mine’s operators to be more willing to discuss the plan for the final improvements in the mine area once the mine is depleted and closed. Such reclamation plans could result in a valuable park area for the City, rather than a vast empty dangerous hole abandoned at the Eastern edge of our City. (Our comment: point well taken)

3. This council has recognized Stagecoach days as being an important part of our City’s recreation, is indicative of the western heritage and culture of our City, and is an event that draws many people from outside the area to our City to increase business activity and improve the image of our City. This council supports the Stagecoach Days event strongly, and appreciates the enormous efforts of the volunteer group that arranges this event. The previous Council dismissed this signature event with insulting remarks equivalent to “this labels us as a hick town”, and refused to support Stagecoach Days. (Our comment : former council member Bob Botts is on record making the “hick town” comment about Stagecoach days and the Stagecoach theme in general)

4. This Council has maintained Dysart Park in its current form, with sufficient room for rodeo trailers. The original plan considered by the previous council was for changes which would have made such use impossible. (Our comment : factually correct)

5. Lion’s park is being improved to permit use by handicapped people. Such needs were ignored in the past. (Our comment : factually correct)

6. The previous Chief of Police, without proper authorization, obtained an armored vehicle suitable for use in Iraq and other war zones, but is incompatible with a suburban town such as Banning. The lack of appropriateness for our City’s use is indicated by the fact that this vehicle was involved in an accident while being driven here. It has been returned to the DOD. (Our comment : factually correct – the accident the MRAP vehicle was involved in cost the City in excess of $ 50,000)

7. The Police station, (also previously known as he Fortress of Isolation) under the previous council and Chief was closed to the public except for several hours a week, is now open during normal working hours, indicating the desire of our police under its new Chief Alex Diaz to be fully responsive to the residents of Banning. (Our comment: former Police Chief Purvis had the station open just 3 hours per week. He cited lack of staff. Police Chief Diaz has now opened the station 5 days a week -9am –5pm – without adding staff. At a minimum this indicates incompetence, but possibly even ill will, on the part of Purvis).

8. Despite its excessive size, the Police station was improperly designed, and there is no place for the gang task force, storage of the City’s mobile control center, or for attack training. Space is now available in the Wilson street Fire station, due to its abandonment by the Fire Museum. (Our comment : factually correct – the Police Mobile Command Center (motor home) had to be parked outside in the weather for years, so privately owned fire trucks could be stored inside a City owned building, free of charge)

9. Our City has not had a State approved housing element for more than twenty years. The Housing element is a zoning map which satisfies the State’s requirements for affordable housing. Failure to have this approved plan has prevented our City from obtaining government housing grants for, incredibly, twenty years. That is an astounding display of leadership failure. This plan has been finally approved under this new Council, and we can now apply for those sorely needed grants. (Our comment : factually correct)

10. The previous Council was lax in assuring that all contracts were obtained through an open bidding process. We have assured that all bids go through such a process to assure the lowest cost to our city for services rendered. (Our comment : factually correct, in the past bids were usually never discussed nor even published)

11. Similarly, previously, when bids were required, they were often advertised only locally, in local newspapers. We now require all such bids be made also through national trade magazines. In the reconstruction of the electrical yard, more than $2 million dollars was saved by this re-advertising. (Our comment : factually correct)

12. City Hall was only open 4 days a week. This was initially done as a result of the recession of 2008. That should have been corrected a while ago. City hall is now open 5 days a week, demonstrating that our City is open for business, and is thriving. (Our comment : this accomplishment is huge, but has gone completely unnoticed. City manager Dean Martin failed to issue a Press Release)

13. The flume is vital to our water supply, but the water being brought to water canyon by the flume has been under threat by the Forest Service for more than 5 years. While much more work is still required, more progress in dealing with this problem has been made recently than in the previous half decade. (Our comment: point well taken)

14. An oil spill occurred during the previous council’s rein, costing the city over $1.8 million. The previous council did nothing to attempt recovery of that money. This council has obtained over $600,000 from parties responsible by strongly pursing this action. (Our comment: former City manager Takata recommended paying the bill, despite the fact that a consultant’s report expressly questioned it – see previous story)

15. Other sources of income were freely given away by past Councils. The Chamber of Commerce was not being charged for its utility bills for many years. The City is now charging for these utilities, and is pursuing collecting the back charges owned. (Our comment: see our previous story)

16. We now have a licensed professional engineer in charge of public works. Having a knowledgeable engineer in charge is invaluable in searching for the best solution to engineering problems in our City. For example, this engineering knowledge is invaluable in helping to find the appropriate means to reducing the Cr6 concentration in our water supply and in evaluating the best solution to solving our problems with the flume water supply. (Our comment: former public works director Duane Burk did not have such qualifications)

17. The Pardee development North of Wilson has been stalled due to lawsuits with “Cherry Valley Acres and Neighbors”. Those lawsuits are now settled, and that project was approved by this Council to continue. (Our comment : factually correct, but the City council cannot take credit for the settlement of this third-party lawsuit)

18. The Water and Electric bonds issued by the city have been reissued at a lower interest rate, saving the city $7 million in interest charges. As a personal note, at my first meeting as a new Council member with the then city Manager, I asked for a review of interest charges, and how they could be improved. (Our comment : this is a huge accomplishment, but again, City manager Dean Martin failed to issue a Press Release on the subject)

19. Our City is burdened with having an interest in a coal burning power plant (the San Juan plant). We will be divested of that plant in 2017, removing that cost from our electric department. (Our comment: point well taken)

20. Previously, our city’s donations to various organizations were done in a haphazard, or on a one-to-one basis. Our City now has a firm legal procedure stating the steps to be followed when the City is asked to provide cash, buildings or in-kind services to any organization. This legal framework will protect the City from claims of prejudice, and aid in preventing the awarding of taxpayer money to friends of the Council. (Our comment: in other words, the days of “giving away the farm” no questions asked, are finally over)

21. The City Manger has the authority to grant contracts up to $25k without the approval of the council. Previously, contracts of that amount could be awarded repeatedly to any one company. Now, any such repeat contracts must go to open bids, again assuring that the City will receive the lowest cost for services. (Our comment: long overdue)

22. The new Chief of police Alex Diaz has instituted a policy of having officer internal affairs investigation being done internally, instead of having them sent to an outside firm , saving the city the cost of such reviews, and providing easier, less offensive reviews to our officers. The previous Police Chief developed costs to the city of about $700,000 for such external reviews. (Our comment: factually correct. Former Police Chief Purvis was a former Riverside County Sheriff Deputy. Part of the $ 700,000 in contracts were given by Purvis to the husband of another Riverside County Sheriff Deputy – see previous story).

23. The previous Councils had given the Cultural Alliance hundreds of thousands of dollars with insufficient accounting. A Grand Jury investigation found that these gifts were unacceptable, and stated that much of that money should be returned to the city. Despite that finding, the previous Council continued to give taxpayer money to the Alliance without oversight. This Council has stopped that practice, saving the taxpayers additional expense. (Our comment: long overdue. The funding of the Cultural Alliance was nothing more than a gift of public funds – without any measurable results whatsoever. The funding was the greatest hoax ever perpetrated on the Banning taxpayer)

24. Previous Councils have blithely continued to subsidize the airport, despite the fact that it is underutilized, and the number of users has continually declined. The present council has had several workshops to discuss its future. While no absolute decision has been made, these discussions demonstrate that this Council is willing to review past policies and to see if they fit modern requirements. (Our comment: point well taken)

25. The previous City councils had WRCOG (the Western Regional Council of Governments) perform community work to inform people of the methods of recycling. This work was simultaneously being performed by our Waste Management company. The contract with WRCOG was cancelled by the current Council as unnecessary, saving our city $60,000 per year. (Our comment: here is a highly commendable example of restoring accountability, instead of continuing to rubber stamp the WRCOG dictated status quo)

26. The public works department was permitting a private company to use City land without payment. That practice has now been stopped. (Our comment: here Miller is referring to actions of former Public Works director Burk. Not only has the outrageous practice been stopped, but Public works director Duane Burk, who allowed it, is now longer employed by the City. The background on Burk’s departure was never reported by the media :  members of City staff allegedly allowed a private bee keeper to exclusively use city land for a commercial bee keeping operation – for free. This went on for well over 10 years. An estimated 35 million bees were kept at the location. Allegedly the bee keeper was also given access to an unmetered City fire hydrant, free of charge. It is further alleged that the bee keeper gave Public Works regular gifts in form of cases of honey. The honey is said to have been distributed freely among some members of City staff. )

27. The previous City councils approved the contract for the top city executive with what I consider an outrageous excessive salary and an outrageous, excessive severance package of one years salary. Did anyone of us taxpayers ever get such a deal?. The previous permanent City Manager salary was equivalent to that of the Mayor of Los Angeles and New York. Our city can not, and should not bear such expense. This council has agreed that future contracts will be more reasonable. While we do not yet have a permanent city Manger, this City has been governed efficiently by the interim Managers, and we are searching carefully for an appropriate manager who will be of benefit to our City. (Our comment: a commendable approach aimed at restoring fiscal accountability)

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CONCLUSION

As our review shows, Councilman Ed Miller has made many valid points.

A lot has changed in Banning, and Miller’s list shows that the City council has, in many ways, taken a new, more accountable direction for the City.

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8/21/15 – After having been provided with a City owned building free of charge for 4 years, “Fire Memories Museum” (FMM) has decided to leave Banning.

In this article we will examine the Museum’s legacy in Banning and what appears to be the background of their departure. Never reported by the local media, some of the details do not paint a pretty picture.

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$ 100,000 IN BANNING TAXPAYER SUBSIDIES NOT ENOUGH FOR FMM

“Fire Memories Museum” has been operating out of a City owned former Fire Station, which they rented from the City of Banning for $ 1/year. According to the Museum’s tax return (view here, pg. 7, pos.3), the true rental value of the Station amounted to $ 24,000 per year. Therefore, the Banning taxpayer subsidized the Museum’s operation with approximately $ 100,000 in total over 4 years.

Readers of this website are well aware that the previous City council, lead by Ex-Mayor Don Robinson (along with Debbie Franklin, Bob Botts, Barbara Hanna), went out of their way to let their cronies use City property without ever collecting rent. Whether it was the Banning Cultural Alliance, the Boys and Girls Clubs of the San Gorgonio Pass, the Banning Chamber of Commerce or FMM, one dollar per year seemed to be the going rate. Needless to say, Banning could never afford it.

With this in mind, the current City council recently tried to reduce, but not eliminate, the subsidies to Fire Memories. However, a City subcommittee consisting of Council members Art Welch and George Moyer was unable to reach an agreement with the operators, who have since decided to leave, citing lack of “support” by the City, (view FMM press release).

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TAXPAYER SUBSIDIZED HOBBY OR COMMUNITY ASSET ?

Fire Memories has a substantial collection of antique fire trucks and equipment, but with 300 similar fire museums existing in the US today, the facility can hardly be considered unique.

Such a collection naturally comes with high maintenance costs that would be a huge financial burden, even for a wealthy collector. So the owners decided to operate their collection as a non-profit organization. This way, they can get a tax deduction for every dollar they spend on their expensive hobby. The concept, in essence, is that of a major taxpayer subsidy.

But it did not stop there. The operators were also given a generous free rent deal by the City of Banning, that even included free landscaping.

Despite this “double subsidy” the museum only managed to be open 3 days a week for less than 20 hours total. In addition, it remained closed Sundays and shut down for an entire month during the summer due to “vacation”. It should also be noted that Banning residents, who so generously provided $100,000 in subsidies, were charged admission to visit.

This raises the question : did this museum benefit the public – or rather its operators and friends?

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PARTY, PARTY , PARTY !

Supporters of the museum will argue that it provided children with an education about fire safety. On their Facebook page one can see images of children spraying water from fire hoses. But what exactly is educational about spraying water from a hose ?

The very limited opening hours of the museum cannot possibly justify its existence. Upon closer examination, the main focus of FMM may have been very different: taxpayer subsidies may have primarily been used for countless private events to which the public was not invited.

Such events held at the museum included numerous weddings, birthday parties as well as private parties for politicians, for example ex-councilman Don Robinson and current Mayor Debbie Franklin. The latter – conducted without the required City permit – consisted of over 80 invitees, allegedly had alcohol served and ended up with the tragic death of one of the participants (story).

Both council members (Franklin, Robinson) voted to provide the museum with free rent, only to turn around and use the venue for their personal purposes. This is yet another example of how corrupt Banning politicians operate.

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COMPLAINTS FROM RESIDENTS

Nearby residents have complained about parking issues and about “this private organization receiving preferential treatment from the City” (source). The Museum has only 8 parking spaces up front which does not meet zoning requirements for a public venue (17.28.040C of Banning zoning ordinance requires 1 space for each 300 sqft of floor space = roughly 30 spaces for the 10,000 sqft. building).

It is indeed difficult to understand how countless private events benefit the taxpaying public. Why does the City allow for its government buildings to be used for any private parties or weddings? Is this proper use of our taxpayer resources? It appears that at least some members of the current City council may have had their doubts.

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MUSEUM ACCUSED OF STEALING WATER FROM BANNING UTILITY AND WASTING IT DURING DROUGHT

In October of 2014, Fire Memories Museum was accused of tampering with and tapping into unmetered City owned fire hydrants without authorization. Facebook images of the museum

show hoses connected to City hydrants and museum officials spraying water apparently for fun – in utter disregard for California’s most severe drought in 100 years.

In an email of October 21, 2014 (click here to view), assistant Fire Marshall Doug Clarke demanded Douglas Hammer “cease and desist in using any City of Banning owned fire hydrants and water”.

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The Fire Marshall also warned that Hammer’s unauthorized tapping into City fire hydrants may be considered “stealing water from the Banning Water District”. He pointed out that “allowing the water to run down the street” into the drain is seen as wasteful, especially given the fact that Hammer is “not paying for it”.

Furthermore, in his letter the Fire Marshall expresses his professional concern that the museum’s fire hydrant tampering has the potential of damaging Banning’s entire water infrastructure.

This is not the first time that a Banning non-profit helped itself to free utilities. Last year it was discovered that the Banning Chamber of Commerce received over $ 30,000 in free utilities over 7 years by way of a “handshake agreement” with corrupt City officials (story). One thing is for sure : the last thing Banning needs is for some politically connected freeloaders to take advantage of utility ratepayers or to mindlessly waste our precious water resources.

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We attempted to contact Fire Memories President Douglas Hammer to specifically ask him about these very disturbing allegations. Pointing to his “Press Release” (view) Hammer refused to answer any of our questions and hung up the phone. It appears that in Mr. Hammer’s world, the public has no right to ask tough questions – all we are apparently good for is to subsidize his operation.

What is it – if anything – that Mr. Hammer has to hide? Did he steal water from Banning as the Fire Marshall suggested? And if so, when can the public expect him to make restitution? Is this Mr. Hammer’s way of saying “thank you” to the citizens of Banning, who so generously supported his museum for 4 years to the tune of $ 100,000 in free rent?

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ALLEGED IMPERSONATION OF FIREFIGHTERS

According to Douglas Hammer’s previous public statements, he is a former firefighter. From what we can gather, however, Hammer was never a Fire Captain .

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In several pictures Douglas Hammer displays the insignia of a CDF “Captain” during what appears to be a public event.

In one of the pictures former Mayor Don Robinson can been seen wearing what appears to be a fireman’s uniform (yellow turnout).

Unidentified operators of the museum could be observed publicly wearing official fireman’s helmets and gear on the I-10 freeway overpass.

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The display of these insignia and uniform items could make a reasonable observer believe that the individuals pictured are officers or members of a Fire Department – when in fact they are not.

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Section 538 (e) of the California Penal Code makes it a misdemeanor to impersonate a fire fighter :

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BANNING POLICE DEPARTMENT WARNS FMM ABOUT REPEATED TRAFFIC VIOLATIONS

In 2014, the Banning Police Department received citizen complaints about the way the museum operated their vehicles on public streets. It was alleged that the museum vehicles were operated in a way that made them appear like authorized emergency vehicles, when in fact they were not. In short, the allegations pointed to the museum having no regards for the law.

The Banning Police Department sent out one of their officers to the home of Douglas Hammer. The officer pointed out that the California Vehicle Code made it unlawful to do the following :

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•  Parking on overpass. On two different occasions the museum parked up to 8 heavy fire trucks (each estimated 20 ton+) on the I-10 freeway overpass. This endangered the motoring public on I-10, as it exceeded the safe design limit of the bridge. This is why the Sec. 22500 (k) VC makes it unlawful to park on an overpass.
• Parking in red zones. Photos show that the museum repeatedly disregarded no-parking restrictions in the same way real emergency vehicles would. There is even evidence of a private wedding ceremony being conducted while parking multiple fire trucks in a red zone. Parking in
  

  A private wedding – with FMM fire trucks parked in a red zone

  red zones is unlawful under Sec. 22500 (i) VC.

• Forward facing red lights, Sec. 30 and 27606 VC. Non-emergency vehicles are not allowed to display forward facing red lights when operated on public streets, even when the lights are not activated. Such lights need to be covered. The purpose of this law is to avoid confusion with real emergency vehicles.
• Displaying the word “FIRE” or “FIRE DEPARTMENT” on non-emergency vehicles is unlawful under Sec. 27905 VC. The word needs to be covered while operating on public streets. Again, the purpose of this law is to avoid confusion with real emergency vehicles.

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CONCLUSION

Government officials, like the assistant Fire Marshall and Banning PD, have pointed to possible unlawful or even rogue conduct by Fire Memories. Unauthorized tampering with our fire hydrants, wasting water during a drought, while not paying for it, or the impersonation of official emergency personnel make for some very unsettling allegations.

By their conduct, this private organization seems to send Banning the message that they are above the law. Did they count on some of Banning’s corrupt politicians to cover for them?

What is even more disturbing is the fact that the alleged violators received $ 100,000 worth of City subsidies. Maybe, after all, the museum’s departure may be a blessing in disguise for Banning.

While the museum may still have a hardcore cult following, the general public may be reminded of the old saying, that “not all that glitters is gold”.

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CITY COUNCIL :    JERRY WESTHOLDER   (AS THE ONLY VOTE)

MEASURE “J” :        YES

MEASURE “AA” :      NO

SAN GORGONIO WATER – DIRECTOR AT LARGE :          RAY MORRIS

SAN GORGONIO WATER – DIRECTOR DIVISION 3 :         JOHN JETER

 

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 REVIEW OF THE CANDIDATES AND MEASURES 

 

 

JERRY WESTHOLDER

Even though you can choose two candidates, we recommend voting only for Jerry Westholder. Westholder was unanimously appointed to the Council in November of 2013, after the abrupt resignation of Bob Botts. He has proven to be a Council member who respects the wishes of the people over those of developers and special interests. Westholder is not a career politician. He talks straight from the heart and has no hidden agenda.

Westholder was opposed to the Probation Department moving into Banning’s finest retail development, Paseo San Gorgonio, which has been subsidized by the taxpayer with 4 million dollars. He had the overwhelming support of Banning citizens in this matter.

He also warned about the impact of AB-109 on Banning, a warning that was eventually mirrored in a Grand Jury Report, soon after his opponent George Moyer had dismissed it as “scare tactics” (story).

Westholder is currently the only candidate that takes issue with Banning’s utility scandal. As we reported earlier , $ 32,000 worth of free utilities were given to the privately operating Banning Chamber of Commerce (story). Westholder has come out and demanded that the City collect the debt from the Chamber, while his opponents Debbie Franklin and George Moyer have avoided the issue. No Banning ratepayer can afford a Franklin/Moyer “wildcard”, when it comes to accountability issues like utility billing.

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DEBBIE FRANKLIN

Franklin has been holding office for 8 years. During this time she made many poor decisions on the Council. Probably one of the most controversial was to give a convicted criminal Demario Jackson, over $ 500,000 in taxpayer funds.

Franklin and Jackson recently conducted an interview for the Record Gazette, during which they attempted to whitewash the transaction. The Record Gazette aided Franklin

in every way they could : they not only failed to identify any of Jackson’s criminal past (view examples), but also did not report that during the interview, Jackson was out on $ 25,000 bail. He is currently charged with two felonies (view charges).

Another issue affecting all Banning residents is the recent utility scandal, which consisted of a $ 32,000 giveaway of free utilities to the Banning Chamber of Commerce (story). In a recent mail piece, Franklin prides herself of being an “active member” of the Chamber, which is probably the reason why she has avoided commenting on the scandal altogether. Apparently Franklin values her friendship with the Chamber over her loyalty to Banning’s utility customers, who she apparently expects to pick up the difference.

There is another aspect to this scandal that, so far, has not been brought to light : by not asking for utility payments from the Chamber, Mayor Franklin and Art Welch may have committed Securities Fraud, a Federal offense. Here is why :  the Banning Utility Authority, formed in 2005 to facilitate a $ 42 million + bond offering, issued a bond prospectus (view) in which they make clear representations on how customers are to be billed and payments are to be collected (view relevant segment). These representations are contrary to the treatment of the Chamber’s utility account.

Bondholders relied on the prospectus when they purchased Banning’s utility bonds. They had a reasonable expectation that all customers are billed and collected upon, without exception. The oversight of the Banning Utility Authority does not lie with the City Manager, but with the Council members directly, as officers of the Authority.

Franklin is one of those officers that had direct responsibility to make sure all utility payments are billed and collected upon, not just for the benefit of Banning ratepayers, but primarily for the benefit of the bond holders, who have every reason to expect that all utility dealings are “above board”.

In the final analysis, Franklin has done a tremendous amount of damage to the City of Banning. She gave away money loosely and facilitated a free ride for her friends at the Chamber. In doing so, she and other Council Members may have violated Federal law, when they allowed this to happen.

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GEORGE MOYER

George Moyer may be new to the political arena , but as a long term President of the Sun Lakes Homeowners Association he is well connected to the “Club”.

 

Moyer runs his campaign as an advocate for Sun Lakes, as evidenced by a recent mail piece on his behalf . In this piece a picture of Sun Lakes is shown right next to Moyer. As the most important reason to vote for him, his long term Presidency at Sun Lakes is highlighted.  Both of these claims serve as a clear indication that Moyer is not trying to appeal to all of Banning, but strictly to Sun Lakes. His campaign material cites no reasons as to why Non-Sunlakers should vote for him.

In order to secure votes for himself inside of Sun Lakes, Moyer has deployed scare tactics. Part of these tactics is his claim that the City of Banning is subject to a “class action suit”, that potentially could cost the City unconscionable amounts of money. This claim is completely false and shows that Moyer does not know what he is talking about. There is no “class action suit”, nor is there an attempt to bring one. This is all fabrication on the part of George Moyer.

As the Board President, Moyer controls Sun Lakes election debates. It is remarkable to note, that unlike previous years, courtesy of George Moyer, no debate was held in Sun Lakes this time.

Moyer also resents recent accountability measures deployed by the Council, for example the ongoing investigation into allegations of corruption made against staff (story). Moyer states that such investigations are disruptive to City Government and make staff want to look for employment elsewhere. Accountability and scrutiny don’t seem to be high on Mr. Moyer’s list .

Voters ought to be aware, that Moyer filed for bankruptcy during the mid nineties. This raises questions about his ability to manage money properly.

To complete the picture about George Moyer, all one has to do is look at his supporters.

In a recent mail piece, no other than Banning’s corrupt former Mayor Don Robinson is highlighted as endorsing Moyer. This endorsement may turn out to be a slippery slope for Moyer : we have already covered Robinson’s uncanny background in length (see here and here). Robinson’s involvement in the Chamber utility scandal along with his endorsement seems to indicate that the two must have come to an understanding on how to dispose of the $32,000 Chamber utility debt.

Apparently Moyer does not care that Banning Chamber Director Robinson is – once again – delinquent on his taxes :  as of June, 2014 the IRS has filed a tax lien in the amount of $ 25,702.82 against Don Robinson and his wife Katryn (view).

In addition, Robinson is delinquent over $ 10,000 in  property taxes on his business location at 1346 E. Ramsey Street (view). With tax dodger Don Robinson, Moyer sure picked one heck of an endorsement.

Not much better is Moyer’s endorsement by former Mayor/good-ole–boy Larry Higgins. County records show, that – like Moyer – Higgins filed for bankruptcy (2001), and even had a judgment filed against him for not paying child support (view), identifying him as a deadbeat dad. Currently, Higgins is a deadbeat debtor (Riverside case # BAC1201094) , and has been ordered to appear for a debtor’s examination, based on a judgment entered against him in 2012 (view). Larry Higgins – another great pick by George Moyer.

One of Moyer’s monetary supporters is Christopher Leggio (view filing). In 2009, his brother Mark Leggio was convicted and sentenced to 180 days in jail in connection with a campaign money laundering scandal.

According to the L.A. Times (view), the main recipient of the illegal campaign funds was former Banning Mayor Brenda Salas, who received $ 15,000.

Salas’ boyfriend at the time was Chris Mann. Mann is the founder of the “Inland Empire Taxpayers Association”, a Political Action Committee, that is now – you guessed it – supporting George Moyer. As you can see, we have come full circle.

With supporters like the above, does George Moyer need political enemies ? The voters will be the judges on November 4.

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MEASURE “J “

Usually, any new taxation must always be met with great skepticism. We constantly see more and more taxes popping up everywhere.

However, the circumstances of Measure “J”  are somewhat different : the measure is designed to tax mining operations in Banning. Such operations, currently conducted by Robertson’s Ready Mix, have both a monetary as well as a non-monetary impact on the City. In particular, Hargrave Street is used for ingress and egress. This causes regular damage to the street, yet all street repairs are made by the City. The operation also produces large amounts of dust, has a significant noise impact on neighboring residents and increases traffic exponentially.

The mine has been operating without compensating the City in any way for the impact of their operations. This is fundamentally unfair to every Banning resident. Banning taxpayers ought to look at Measure “J” as a tax relief for themselves, rather than a tax measure, because it will shift the burden of the mining operation away from the taxpaying “little guy”, and to the source that is creating it. Only mining operations, not residents, will be subject to this tax.

County Supervisor Marion Ashley is deeply in bed with Robertson’s. Having received thousands of dollars in campaign contributions from Robertson’s, Ashley is coming out against Measure “J”. Go figure – and welcome to politics.

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MEASURE “AA”

In contrast to Measure “J”, Measure “AA” impacts each and every property owner directly. This is a bond brought forward by Mount San Jacinto College. What stands out about this measure is its outlandish amount of over ¼ of a billion dollars ($295 million). Gee, are they sure they are asking for enough money ? Do they really believe Riverside County taxpayers have this much money to spare ? It seems, whoever is willing to freely hand over that kind of money to a bunch of bureaucrats needs to get their head examined.

Proponents of the measure say that the college will create an educated work force, and with that a larger tax base. In theory this may be correct, but the reality is that there is no interest – at least as far as the Banning campus of MSJC goes : due to lack of attendance – i.e. lack of interest – classes had to be cancelled and the campus is offering very little.

Even worse, in the past visitors to the Banning campus were not even able to get a list of the classes offered. It appears that the only purpose of the Banning campus has been all along to justify the need for additional public funding of MSJC. In the meantime, nobody will tell you that the Banning campus is built right adjacent to a high pressure gas pipeline, an issue that most likely makes it ineligible for State funding.

Unless you enjoy taxing yourself, stay away from measure “AA” as far as you can.

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7/22/14 – Did you know that there is a large mining operation within the City limits of Banning ?

Unknown to many, Robertson’s Ready Mix is mining aggregate on Banning’s East side – and they have done so without paying any fees to the City for years on end . This is now about to change : according to a new proposal before the Council, voters will get to decide whether the City should tax the mine.

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CORRUPT OLD CITY COUNCIL LOOKED THE OTHER WAY 

Over many years, Robertson’s Ready Mix gave many thousands of dollars in campaign contributions to previous Council members Bob Botts and Barbara Hanna (view), so that they would do nothing to disturb the status quo. And this is exactly what they did – nothing.

 

Due to the previous Council’s inaction, the mine was able operate largely under the radar. Year in and year out, Robertson’s was allowed to operate without paying Banning any taxes or fees, while at the same time, City Staff and Police officer positions were rigorously eliminated due to lack of funding.

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AFTER DECADES, NEW COUNCIL FINALLY TAKES ACTION

The newly elected Council, led by Don Peterson, Jerry Westholder and Ed Miller, is determined to put and end to Robertson’s decade long free ride : they are proposing to make Robertson’s Ready Mix pay their fair share in taxes for operating the mine, the same way other California Cities require it.

On the flip side, mining operations have clearly come with a price for Banning : Many residents have complained that Robertson’s mining pollutes the air with microscopic dust particles (PM-10), emits noise, even at night, and runs trucks up and down Hathaway Street non-stop.

We were definitely able to confirm the latter : during the afternoon hours of 7/21, we observed a total of 17 trucks going up or down Hathaway St. within a 30 minute window. This makes for about one Robertsons’s truck every 2 minutes.

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TAX COULD PAY FOR UP TO TEN POLICE OFFICERS

According to the Staff Report for July 22, the City of Banning could take in up to $ 1.5 million annually by imposing a tax on the mine. This level of taxation would be in line with what other cities charge ( for example City of Irwindale).

This level of income would allow the City to hire up to 10 additional Police officers. Additional officers are going to be badly needed, given the influx of criminal elements soon to be frequenting Banning, due to AB-109’s expanded Probation/Parole and criminal Court operations.

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CITY STAFF CAUGHT OMITTING SIGNIFICANT PORTIONS OF OFFICIAL MINING REPORT

But of course this wouldn’t be Banning, if City Staff didn’t try to pull yet another “fast one” on its citizens.

Readers of the Banning Informer will remember that last year, Staff told the public that the City was rezoning 26 acres to “Very High Density Residential”, when in reality they rezoned over 60 acres (story). Only after this issue was exposed by the Banning Informer, did the City revert the zoning back to the originally proposed 26 acres. The “mistake” was made in favor of a large developer, who owned the land in question.

Another example : when Council approval was required for changing the “Paseo San Gorgonio” development from a hotel to an office building, Staff issued unauthorized letters permitting the change, effectively bypassing Council (story).  Both incidents involved Banning’s highly controversial – and unpopular – Planning Director, Zai Abu Bakar.

This time it is no different : the agenda package for July 22 (view) includes a “2013 Surface Mining Inspection Report” that Staff represents to be a true and correct copy of the original. However, missing from the report attached to the agenda are two very significant attachments : “Appendix A” and “ Appendix B”.

For reference, the complete, unaltered Mining Inspection Report can be found here.

“Appendix A” – missing from the copy attached to the 7/22 agenda package – points out that Robertson’s Ready Mix is operating the mine without valid permits. More importantly, “Appendix A” reads as follows :

 

 

Why was this statement omitted from the document that is before the public ?

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REPORT SHOWS STAFF FAILED TO ENFORCE STATE AND LOCAL LAWS FOR YEARS

With the devastating findings in the report cited above, it would make perfect sense for Staff to try and hide this information from the public. With the crucial passages of “Appendix A and B” omitted, yet “Appendix C” remaining intact, it appears that someone intended to “doctor” the content of the document in order to cover up Staff’s incompetence and inactions.

The Council should investigate how the altered document came about to be represented as a true copy of the original “2013 Surface Mining Report”. They should also take a close look at the lack of enforcement of State and local laws by City Staff, as cited in the Report.

As this example shows yet again, some members of City Staff continue to serve their own interests over those of Banning residents.  No matter how questionable their actions, these out of control Staff members can always count on the unconditional support of Mayor Debbie Franklin and Councilman Art Welch, who both take every opportunity  to “thank” them for the “great job” they are supposedly doing. With this attitude, will Banning ever change ?

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CONCLUSION

Taxing the Robertson’s Ready Mix mining operation in Banning seems like long overdue. Banning residents need to realize that such a bold proposal would have never come from the old, utterly corrupt City Council, led by Bob Botts, Barbara Hanna and Don Robinson.

The measure will solve the City’s current fiscal shortfall. Banning will be able to hire 10 additional Police officers, raising the officer count from currently 24 to 34. And with the upcoming changes in Banning, these additional officers are going to be badly needed.

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6/20/14 – Previous warnings by Banning City Council members Jerry Westholder and Don Peterson about the new AB-109 Probation/Parole system seem to find confirmation in a new report by the Riverside County Grand Jury.

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UNPRECEDENTED IMPACT

In a newly released report, the Grand Jury details the unprecedented impact the new system will have on the communities of Riverside County (view report). Probation as well as Parole are now both administered by the County (for reference, previous warnings by Council members Jerry Westholder and Don Peterson can be found here and here).

The Grand Jury Report states that under AB-109, “many prisoners who were released on parole had their parole overseen by the county’s PRCS probation department, instead of the state parole agency.“ (see page 1 of the report)

Based on the size of the old Banning Probation department alone, the City’s current impact is among the six highest in Riverside County, according to the report. Compared to the share of its population in Riverside County, the Grand Jury makes it clear that Banning already services a supervised population at a roughly 50 % higher rate than the County average :

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Again, this chart shows the impact on Banning based on the existing Probation Department. What will it be when their operations quadruple as planned ?

The Grand Jury further takes issue with the lack of available housing for parolees. They point out that, in the majority of cases, early released probationers have no place to live.

The Grand Jury therefore concludes that a large number of additional half-way houses are needed, in order to satisfy the demand for parolee housing. County agencies should assure sufficient availability of such housing.

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EARLY WARNINGS DISMISSED AS  “SCARE TACTICS”

As late as March of 2014, Sun Lakes Board President George Moyer dismissed early warnings by Council members Westholder and Peterson as “half-truths” and  “scare tactics”.

In a letter to the editor of the Record Gazette of  March 21 (view), Moyer went on to accuse these Council members of holding “personal grudges”, that were being deployed because they had an “agenda” to move the City “backward”.

In light of the latest Grand Jury report, it appears that Mr. Moyer did not do his homework on AB-109. As it turns out, Westholder and Peterson were right on the money.

 

As a matter of fact, the Grand Jury’s concerns go even further than what both Council members had predicted.

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CONDESCENDING SPEAKER LABELS CRITICS AS “CONFUSED”

It appears that it is mostly Sun Lakes residents, that have falsely assessed the effect of an AB-109 Probation/Parole operation on Banning.

Other than George Moyer, one of the most ignorant and uninformed voices in this debate came from Sun Lakes resident Mary Hamlin. Originally, Hamlin was one of six candidates who applied for appointment to the City Council in 2013, after Councilman Bob Botts had resigned.

Expressing her “excitement” about the Probation office moving into the Paseo San Gorgonio project, Hamlin went as far as to label “the general population” (those living outside of Sun Lakes?) as “confused” and not knowing the difference between jail and prison.  Please watch her statements :

 

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Who does Ms. Hamlin think she is, to belittle the citizens of Banning in this manner ? Does it get more condescending than this ?

In addition, Hamlin has all of her facts wrong. She falsely implies that Probation is different from Parole. No Ms. Hamlin, it no longer is ! – One of the core dangers of the AB-109 concept is that the Counties are forced to merge the two. Probation is no longer what it once was. It is painfully obvious that Mary Hamlin did not do her homework on AB-109.

Hamlin’s false statements may likely be a result of her – equally false –  sense of security, arising from the wall that surrounds her gated community. However, in light of the latest Grand Jury report, she and many other Sun Lakes residents may be in for a rude awakening in the not too distant future.

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CONCLUSION

Council members Westholder and Peterson ought to be commended for their foresight and vision on the impact of AB-109. Previously dismissed as “scare tactics”, their dire warnings now appear to have been validated by the latest Grand Jury report.

After receiving its recent go-ahead from the Council, there can be no doubt that the new Probation Department will change downtown Banning forever.

A strategic mistake may have been made, when the previous Council (Franklin, Robinson, Hanna, Botts, Machisic ) solicited the new Criminal Court house to locate in Banning. Not only did this cost the Banning taxpayer an additional $ 2 million in land subsidies (losses), it also turned Banning into a judicial hub serving criminals, now resulting in the need for more half-way houses to be built for its clientele.

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5/6/14 – A lawsuit filed in Riverside Superior Court accuses Mayor Debbie Franklin of having negligently caused the death of a Banning resident. Banning resident Pat Azarnoff blames the Mayor and the Fire Memories Museum for the death of her husband, 81 year old Roy Azarnoff, (Riverside case # RIC1308649 – view).

On August 25, 2012, Mayor Debbie Franklin held a lavish birthday party for her husband Roy at the taxpayer funded Fire Memories Museum, located at 5261 W. Wilson Street. The lawsuit alleges that about 80 guests were in attendance.

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The Museum facility was originally designed as a fire station, and was never intended to accommodate big parties with substantial numbers of guests. The Museum, which is located on a busy 4 lane street within a 45 mph zone, has insufficient parking of its own.

According to the lawsuit, this resulted in overcrowded and dangerously chaotic parking conditions at the location. Many guests had to park on the south side of Wilson, with no way to safely cross the 4 lane street.

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When he left Franklin’s party at about 9 PM, Azarnoff was struck by a car while crossing Wilson Street ; he died on the scene. His wife of 60 years, Pat, was also struck, but survived after sustaining severe injuries.

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REQUIRED CITY PERMIT NEVER OBTAINED

According to Banning Municipal Code Section 17.108.040, events of this nature require a “Temporary Use Permit” by the City, (view sample application). The lawsuit alleges that neither Mayor Debbie Franklin nor the Fire Museum bothered to obtain the required permit for the 80-guest party.

For a number of reasons, Franklin knew – or at least should have known – that a permit was required :

 

• as the Mayor she knew about the laws that govern the City of Banning.

• as a former Allstate Insurance claim manager with 28 years experience (source), Franklin was familiar with permit and insurance requirements for the large event she was holding.

• Mayor Debbie Franklin is the only Council member that continuously holds herself out as a self-proclaimed expert on all governmental issues. No matter whether the issue is local, State or Federal in nature, Franklin always acts like she “knows government”. Franklin therefore knew or should have known about the need for a permit.

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“WRONGFUL DEATH DUE TO NEGLIGENCE”

According to the lawsuit, the fact that a permit was never obtained, was a contributing factor in the death of Roy Azarnoff. The plaintiffs allege that, had a permit been in place, the parking chaos at the Museum would have not occurred. They say that safety could have been assured by either imposing a requirement for valet parking, or by limiting the number of guests to the available parking capacity at the Museum.

Other precautionary requirements could have consisted of a parking shuttle service and a temporarily reduced speed limit.

Such restrictions would have made it safe for guests to attend the party. With permit restrictions in place, guests would have not been forced to cross the busy 4 lanes of Wilson Street in total darkness, in order to get to their cars parked on the opposite (south) side.

The lawsuit holds two parties – Mayor Debbie Franklin as well as the Fire Memories Museum – responsible for the death of 81-year old Roy Azarnoff.

The building that houses the Fire Museum is owned by the City of Banning. For the third year in a row, taxpayer subsidy is given to the Museum in form of free rent ($ 1 /year).

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FIRE MUSEUM ADMITS VIOLATIONS

It is not just the City’s ordinance that required a permit for the party. The lease between the City and the Fire Museum also called for the Museum to seek a permit for the event, (see lease – Article 6,(A) ).

In a sworn deposition, Fire Museum owner Douglas Hammer admitted that he knowingly violated the lease agreement when he held the party (view relevant deposition excerpt).

Franklin also knew about this provision in the lease – she had approved the contract just 6 weeks earlier, on July 10, 2012. There can be no question that, when the Museum failed to obtain the permit, it violated both the lease agreement and City code.

At this point the City of Banning has not been named in the lawsuit, however, this could change at any time.

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MEDIA BLACKOUT

All local media reports about on the accident were nonspecific : only the name of the victim and the time and location of the accident were reported (view reports by patch.com and Press Enterprise).

Remarkably, not a single media outlet mentioned that the victim had attended a party hosted by the Mayor of Banning. That the accident occurred at the Fire Memories Museum, was also conveniently omitted from the reports.

Apparently attempting to keep her direct connection to the accident “Hush Hush”, Mayor Debbie Franklin seems to have ordered an immediate media blackout.

For almost 2 years, no information about Franklin’s or the Fire Museum’s involvement in this tragedy could be found anywhere – it was swept under the rug “Franklin-style” – until now.

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ARROGANCE OF POWER

Is this the first time Mayor Debbie Franklin has acted like she is above the law ? – not at all.

In 2011, Franklin ran a charity that was suspended by the California Secretary of State. While suspended, the charity engaged in unlawful fundraising activity. (Government Code Section 12599.6, (f), (1) ) – see previous story).

In 2010, when the government funded Haven Coffee House illegally operated without a business license, building permits or health inspection, Franklin – ( along with Robinson, Hanna and Botts) looked the other way. Franklin allowed the violations to continue for well over a year , (see story).

Anytime lawlessness is alleged in Banning, one can count on Mayor Franklin to attempt to sweep the issue under the rug, and crush an investigation (see the allegations just reported in this article).

Here is yet another example : 3 months ago, when it came to light that former City manager Andy Takata had illegally – without authorization by the Council – changed a contract with developer Pearlman (Village at Paseo San Gorgonio), Franklin again showed no concern whatsoever about Takata’s blatantly illegal stunt – to the contrary, she supported it.

Even when public officials are committing crimes on camera (watch video), they can count on Mayor Franklin for her continued support (source). Franklin’s unshaken commitment to thug District Attorney Paul Zellerbach is a telling example of her lack of values and character as the Mayor of Banning.

As the above examples show, obedience of the law is not very high on Mayor Franklin’s list. Her role in the tragic death of Roy Azarnoff is indicative of an attitude that suggests City ordinances do not apply to her.

Mayor Debbie Franklin is behaving like she is above the law.

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CONCLUSION

When the Mayor feels no need to abide by City ordinances, lawlessness rules City Hall.

Mayor Franklin not only broke the law, she also kept her involvement in the wrongful death of a Banning citizen from the public. Who does she think she is ? No City is served well by a Mayor who behaves like she is above the law.

Is it time for Mayor Debbie Franklin to resign ? – you decide.

 

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