Showing posts with label school bonds. Show all posts
Showing posts with label school bonds. Show all posts

Saturday, March 22, 2014

Quinones, Ricasa, Cartmill, Cabello weigh pleas vs. fighting

The district attorney does not want trials in school official corruption cases because too much information would come out. I consider it a joke to be prosecuting officials for having dinner with contractors when far more serious corruption exists in San Diego County schools.

Quinones, Ricasa, Cartmill, Cabello weigh pleas vs. fighting
Annie Malcolm loans a crucial $500
By Susan Luzzaro
March 21, 2014

No one can estimate the cost to taxpayers for the South Bay scandal that involved pay-to-play charges and millions in Southwestern College and Sweetwater Union High School District bond money. But the costs continue to add up for defendants.

Sweetwater trustee Pearl Quinones plead guilty to one felony and one misdemeanor March 18. In a phone conversation March 19 Quinones said, “I made the decision to plea because of my family. The pressure and the expense are too much. Even at the last minute though, when I was standing in front of Judge [Ana] Espana, I still wanted to keep fighting.”

Quinones noted her felony charge was just over $500. Her plea stated: “In 2007, I was an elected School Board member of the Sweetwater Union High School District. I accepted gifts from Henry Amigable in 2007 with a total value in excess of $500 and I did not report them. The maximum amount of gifts one may receive from one source per year as of 2007 was three hundred and ninety dollars. Henry Amigable provided these gifts with the intent to influence my vote on business awarded to Gilbane, his employer.”

There is some confusion about whether Quinones will step down from the board immediately. It was not part of her plea agreement. According to deputy district attorney Leon Schorr, trustee Arlie Ricasa had indicated prior to accepting a plea deal that she would step down. Quinones made no such agreement.

Clouding the issue of Quinones’s trustee seat, Judge Espana has recently boiled some corruption felony charges down to misdemeanors — it’s anyone’s guess what will happen April 28 when Quinones is sentenced. (Southwestern College’s vice-president, Nicholas Alioto, for example, plead guilty to a felony, which Espana later reduced to a misdemeanor.)

Sweetwater’s attorney Dan Shinoff was contacted by email regarding Quinones’s trustee seat, however he did not respond by the time this story was filed.

Prohibitive legal costs compelled former Sweetwater trustee Arlie Ricasa and trustee Jim Cartmill to start defense funds.

Ricasa pleaded guilty in December to a misdemeanor. Her largest defense donors were family members. New Image Computers also donated $5000 to her defense.

Cartmill has been charged with wrongful influence, filing a false instrument and accepting a bribe among other things. Through his business Let’s Talk Health, he loaned his defense fund $20,000. Annie Malcolm, wife to David Malcolm, a former port commissioner who was obliged to step down due to conflict of interest charges, donated $5,000 to Cartmill’s defense.

Justice has been meted out for South Bay corruption defendant Gary Cabello in a different way. Cabello worked for several bond underwriting firms and was involved in transactions for both Southwestern College and Sweetwater Union High School District.

On October 28, 2013 he plead guilty to two felony counts.

In addition, on March 18 the Securities and Exchange Commission barred Cabello from association with any broker, dealer, investment adviser and barred him from participating in an penny stock offerings.

No doubt as the April 28 trial date approaches — the remaining defendants will be weighing the price of a plea bargain against the price of a trial.

Tuesday, April 09, 2013

What to do if the public might not approve spending for new offices for Ed Brand? Call in Plan Nine Partners

See all Ed Brand posts.

Dear Ed Brand: If you're afraid the public wouldn't approve spending tax dollars on new offices for district administrators, maybe you should just stick with what you can afford.

Latest plans for ill-fated L Street land deal
Who can say no to soccer?
By Susan Luzzaro
April 9, 2013

During public comment at the March Sweetwater Union High School board meeting, Jacqueline King, a resident of Chula Vista who has worked in real estate development for 36 years, addressed the trustees regarding the district’s quirky surplus property deal on L Street.

King asserted that the district has “an abominable record of managing property” and regarding L Street transactions, “the layers of ownership and the crazy financial deals that you [Sweetwater] put together…are being looked at not only by the state but by the federal government as well.”

In 2004-05 the Sweetwater school district, with superintendent Ed Brand at the helm, concocted a complex real estate scheme to purchase property on L Street in Chula Vista—ostensibly to build a new district office and corporate/bus yard.

On February 1 2005 the loan agreement for L Street was signed. The property was purchased for $25,415, 000 in variable bonds, with another $8,235,000 in variable bonds to finance the payments and interest for subsequent years. But the name on the loan documents is not Sweetwater Union High School District, rather Plan Nine Partners LLC. (The property is now said to be worth $12 million.)

On the same day, February 1, 2005 the district signed a lease agreement to lease back the property from Plan Nine.

In 2004, in anticipation of the land acquisition deal, the district tied several pieces of surplus property (Third Avenue, Fifth Avenue and Moss Street) to the ill-fated L Street property in a land exchange agreement signed by Ed Brand and Marc Litchman of Plan Nine Partners LLC/California Trust for Public Land.

Regarding these elaborate transactions, one source suggested the point was to circumvent the education code and public participation: “The district could have gone by the high road — they picked the low road.”

The high road — or what normal California school districts do, is dispose of surplus properties (like L Street in Chula Vista or Third Avenue) in accordance with California Education Code (Section 17388), often referred to as the 7-11 plan.

This means that an advisory committee of no fewer than 7 and no more than 11 parents, students, and members of the business community meet and decide the best use of the district property and take their recommendations to the trustees.

In a recent interview, Litchman of Plan Nine Partners/California Trust gave his interpretation of the logic behind this byzantine deal-making.

Litchman said that initially, in 2004-2005, the district wanted to develop district headquarters on L Street. However, district offices cannot be built with school bond construction money.

So the idea was to develop condos or apartments on some of the district’s surplus land and use the capital generated to build district headquarters on L Street.

The district, according to Litchman, brought him into the deal because they wished to avoid the 7-11 education code process which would have made the district’s surplus property available for other public entities to purchase. Litchman also said the process is lengthy and expensive...

Saturday, June 09, 2012

Moody's downgrades to A1 from Aa2 Rating on Chula Vista ESD COP

Moody's downgrades to A1 from Aa2 Rating on Chula Vista ESD COP (2000 Qzab)
The Bond Buyer
June 8, 2012

Moody's Investors Service has downgraded to A1 from Aa2 the rating on the Chula Vista Elementary School District Certificates of Participation (2000 QZAB Project). The downgrade reflects the April 3, 2012 downgrade to A1 from Aa2 of General Electric (GE) Capital Corporation. The rating is solely reliant on GE and...

Sunday, May 20, 2012

Chula Vista Elementary Schools Seek Funding, Hire Consultant

In a recent study it was discovered that in 110 out of 111 cases, the bond underwriter who was the biggest campaign donor got the job of selling school bonds. California Watch recently wrote, "For donors [to bond campaigns], failure is rare. In only five cases out of 111 did an underwriter make a donation and fail to receive a contract to sell the bonds. In four of those, however, more than one underwriter made donations and the contract went to the firm that had contributed a larger amount to the campaign." (See second story below.) Susan Luzzaro fails to report whether Dale Scott & Co. has made campaign contributions to CVESD bond campaigns or to board incumbents.

Chula Vista Elementary Schools Seek Funding, Hire Consultant
By Susan Luzzaro
San Diego Reader
May 19, 2012

Asking some South Bay voters to approve a school bond measure is a risky proposition. Bond-related corruption charges for Southwestern College and Sweetwater Union High School District have muddied the waters, but the Chula Vista Elementary School District feels confident enough to take the next step forward at the May 22 board meeting.

District spokesperson Anthony Millican said in a May 18 interview that the bond proposal will cover 31 of the district’s oldest schools located in the western portion of Chula Vista.

The district hopes to use the bond funding mainly for technology and infrastructure. One goal is to make the schools wireless for iPads or similar technological enhancements. “You can’t have 21st-century learning without 21st-century tools,” Millican said.

Some humdrum but necessary projects will include relocation of conduits underground, improving storm drainage, and replacing portable classrooms with permanent structures.

The district also hopes to give Rice Elementary School a makeover, aligning classrooms with the needs of the STEM (science, technology, engineering, and math) program.

Millican discussed the fact that the South Bay’s west-side student population has declined while the east side has grown to the point that a new school is being built. Millican said he believes Chula Vista’s bayfront development will boost the west-side student population.

According to an April 13 U-T article, “Nearly 65 percent of Chula Vista voters polled appeared amenable to a bond…” The San Francisco–based financial advisory firm Dale Scott & Co. conducted the survey.

Scott said in a May 18 interview that his company has been the financial advisor to the district since 1998.

In addition to the survey, Scott said the company will collect data, write the ballot language, and prepare the underlying financial assumptions for the bond measure.

A voting district has to be created as well; only the Chula Vistans who will be financing the bond through property taxes and receiving the benefits in their neighborhood schools will be voting.

The cost of Dale Scott's services will be rolled into the bond. Because the consultant's work won't be completed until the November election, the cost is an unknown. An April 13 U-T story said the company won't charge if the bond doesn't pass.



With campaign donations, bond underwriters also secure contracts
May 3, 2012
Will Evans
California Watch

Leading financial firms over the past five years donated $1.8 million to successful school bond measures in California, and in almost every instance, school district officials hired those same underwriters to sell the bonds for a profit, a California Watch review has found.

The practice is especially pronounced in California, where underwriters gave 155 political contributions since 2007 to successful bond campaigns for school construction and repairs. One major underwriter, Piper Jaffray, has said it gets more requests for campaign contributions in California than in any other state where they do business.

The success rate of these underwriters is extremely high. In only five cases since 2007 has a campaign donor failed to receive a bond-selling contract from the school district.

School districts say they choose bond underwriters for their expertise and competitive rates and because they’ve served them well in the past. And underwriting firms say they contribute only after they’ve been hired to sell the bonds, avoiding any undue influence.

But critics say that no matter when the agreement is made, the campaign donations influence school districts’ business decisions. They argue that pre-arranged underwriting contracts bypass a truly competitive sale, leaving in doubt whether districts got the best possible deal.

“If this isn’t clear proof of pay to play, then pay to play doesn’t exist,” said Glenn Byers, Los Angeles County’s assistant treasurer, who oversees some school bond sales but doesn’t control the hiring of underwriters. “The timing of the payment is irrelevant. You paid and you got the job. That’s pay to play.”

Some states have banned the practice. Missouri, for one, outlaws donations to bond campaigns from companies with a financial interest in the bond sale.

In the past five years in California, five major underwriters donated $1.8 million to help pass 111 ballot measures, authorizing $15.5 billion in debt. A couple dozen other measures received underwriter contributions but failed at the ballot box.

Overwhelmingly, bond underwriters who donated to these campaigns were granted contracts by school districts.

In nearly all cases, the only underwriters that donated to a successful school bond campaign ended up working on the bond sale. Bond Buyer, a trade publication, found the same pattern in an earlier review of 2010 campaign contributions.

At times, multiple underwriting firms will donate to a single bond campaign. But even there, the success rate is high. In almost all cases in which multiple bond underwriters donated to the same campaign, they all were given contracts by the school district to market those bonds...

For donors, failure is rare. In only five cases out of 111 did an underwriter make a donation and fail to receive a contract to sell the bonds. In four of those, however, more than one underwriter made donations and the contract went to the firm that had contributed a larger amount to the campaign...

(Click HERE to see the rest of this very detailed article.)



San Bruno voters nixed a ballot measure after this very hopeful article was published on page 3 of The Daily Journal in San Mateo County:

"...[P]hone surveys were given to about 800 likely voters in the San Bruno Park Elementary School District recently about a possible parcel tax or bond measure. Both generated strong support,according to results by Dale Scott from San Francisco-based Dale Scott & Company that will be shared at tonight’s meeting. Moving forward could be the next step in a number of budget-related decisions as the district faces a deficit over $1 million in coming school years. About 70.3 percent of people polled supported a parcel tax... above the two-thirds passage threshold required for the measure that could support programs..."

A San Bruno Patch reader commented:

"As I see it, one of the big lessons learned from the failed Measure O campaign is that Dale Scott & Company isn't the company you want to be taking political advice from as far as political campaigns in San Bruno are concerned."



Here is a report by Lozano Smith law firm regarding an investigation into allegations against Dale Scott & Co.:

Ironically, Lozano Smith was sanctioned by a federal judge in 2005 in a scathing 80-page decision in which he ordered all the firm's attorneys to take ethics training.

Some Lozano Smith attorneys then formed Fagan, Friedman and Fulfrost law firm, which represents CVESD.

Wednesday, December 21, 2011

DA's office raids South Bay politicos

Bonnie Dumanis seems to have a strange focus for her public integrity unit. It seems to target Democratic Chula Vistans almost entirely. San Diego is a big county, Bonnie. Are you influenced by your boss, Greg Cox, whose wife is the Republican mayor of Chula Vista? This article suggests that Republicans on the Sweetwater Union School District board might also have put pressure. It is interesting that the home of Jesus Gandara was not searched. They wouldn't leave him out, it would seem, unless he were providing information voluntarily.

DA's office raids South Bay politicos
Warrants served on six former and current officials and one contractor
By Wendy Fry, Jeff McDonald and Ashly McGlone
Dec. 20, 2011

Months of investigation into potential corruption at Sweetwater schools and Southwestern College prompted the District Attorney’s Office to execute search warrants Tuesday at the homes of six sitting and past officials.

Also searched was the holiday-decorated home of Henry Amigable, a construction contractor who has worked for both districts.

The searches began early and went on throughout the day at residences from Bonita to Escondido. Investigators spent hours at each site, carting away computers and boxes of documents and declining to comment on the unfolding criminal case. No one was arrested.

One of the first places to be searched was the National City home of Sweetwater Union High School District board member Pearl Quiñones, with agents arriving at the East Sixth Street residence as early as 8:30 a.m.

Quiñones sat on the living-room sofa flanked by two agents as investigators boxed up evidence and carried it out to waiting vehicles. She declined to comment through an investigator.

Later in the day, investigators executed search warrants at the homes of Sweetwater trustees Arlie Ricasa and Bertha Lopez.

“The district attorney is doing their job and I don’t have anything to hide,” Lopez said. “That is the bottom line.”

Five District Attorney’s Office staffers entered Ricasa’s home on Sunny Crest Lane in Bonita even though she was not home at the time. Ricasa arrived at about 1:40 p.m. She said she didn’t know why investigators were there or what they might be seeking.

Absent from the list of those whose homes were searched was Jesus Gandara, the former Sweetwater superintendent who was fired by the board in June amid a series of stories by The Watchdog. Several focused on the district’s interactions with contractors.

The District Attorney’s Office declined to discuss details of the searches, beyond confirming for the first time that it was conducting a criminal probe.

“We can’t comment on a pending investigation,” spokesman Steve Walker said. “I really can’t go any further than that.”

Search warrants typically are signed by a judge only after investigators sign affidavits laying out their case for why they should be permitted inside the home of a suspect or witness.

The affidavits relied on by the District Attorney’s Office were sealed by the court for 10 days. Typically, they would be available for public scrutiny sometime next week.

Those targeted for raids share a web of connections, tied to construction bond measures approved by voters within the two districts.

Amigable works for Echo Pacific Construction, which has won contracts with Southwestern and Sweetwater. He did not return messages left at his home and on his cellphone.

Amigable previously worked as a senior executive at Gilbane Building Co. at the time it won construction-management work for Proposition O, the $644 million bond measure Sweetwater voters passed in 2006.

Echo Pacific was given a $4 million Southwestern contract three weeks after it went on a Napa Valley wine weekend with college officials — a getaway won at auction for $15,000, benefiting a scholarship fund. Amigable went on the trip, which was the subject of a Watchdog story last year. Nicholas Alioto, then Southwestern’s vice president for business and financial affairs, also went.

Alioto’s home was searched Tuesday. He could not be reached for comment but said at the time of the previous story that it was normal for contractors to bid in fundraisers for prizes that bring time with key decision-makers.

Amigable prepared a fundraising dinner prize paid for by an architectural firm — sushi with former Southwestern President Raj Chopra.

Authorities also searched the home of former Southwestern director of business affairs John Wilson.

Two of the officials whose homes were searched have ties to both institutions. Ricasa is a Sweetwater board member and serves as Southwestern’s director of student development and health services. Former Sweetwater board member Greg Sandoval is also former vice president of student affairs at Southwestern.

Contacted by telephone early Tuesday afternoon, Sandoval said he knew nothing about being the subject of a raid and added that he had rented out his home in Escondido and had moved to Moreno Valley.

An hour later, he answered the front door at the Escondido home on West El Norte Parkway and declined to discuss the search that had just concluded on the premises.

“No comment,” he said, before shutting the door and drawing the blinds.

Weeks ago, prosecutors executed a search warrant at the Pasadena offices of SGI Construction Management, the firm paid tens of millions of dollars to supervise Sweetwater’s Proposition O projects.

Jaime Ortiz, the SGI bond manager, confirmed the visit by investigators but said he was informed his company is not a target.

Superintendent Ed Brand, who replaced Gandara on a temporary basis in June and was installed permanently by the board last week, did not return calls.




Those whose homes were searched

By Jeff McDonald and Ashly McGlone
Dec. 20, 2011

Day-end total on South Bay raids: 7

Nicholas Alioto

Former Southwestern College vice president for business and financial affairs. Alioto, 46, resigned in February, after The Watchdog published reports about a trip he took in 2010 to Napa Valley with a developer. Three weeks after paying $15,000 to tour the wine country with Alioto and others, Echo Pacific Construction of Escondido won a $4 million contract with Southwestern College. Prior to his resignation, Alioto also was criticized for inviting several Southwestern College contractors to a wine-and-cheese fundraiser for board members.


Henry Amigable

A former senior vice president at Seville Construction Services of Pasadena, which won a $2.7-million contract from Southwestern College. Amigable, 47, attended the same Napa Valley event Alioto attended in 2010. According to his profile on the online networking site Linked In, Amigable left Seville in February, the same month that Alioto resigned from Southwestern College. The same website notes that Amigable now works at Echo Pacific Construction.


Bertha Lopez

A National City schoolteacher, Lopez served for 10 years on the Chula Vista Elementary School District before winning a seat on the Sweetwater board in 2008. She had been a consistent critic of Superintendent Jesus Gandara before he was fired, even though she dined with him at district expense 11 times, according to The Watchdog’s report in April. Lopez, 57, has historically ended up on the losing end of divided board votes. She is up for re-election next year.


Greg Sandoval

Served four terms on the Sweetwater Union High School District before deciding not to seek re-election in 2010. Sandoval, 57, formerly worked as a vice president for student affairs at Southwestern College and resigned after being accused of sexual harassment. The Watchdog reported earlier this year that Sandoval dined at taxpayer expense with Gandara 41 times over a three-year period.


Pearl Quiñones

Worked as a school dropout counselor before winning election in 2000 to the Sweetwater Union High School District board, where she was just elected president. Quinones, 59, was a key supporter of Gandara, and dined with the former superintendent at taxpayer expense at least 49 times in three years. She also was criticized in 2009 for attending too many conferences at district expense. She defended those expenditures as a good way to get educated about the duties of a public school-board member.


Arlie Ricasa

A graduate of Sweetwater schools, Ricasa now works as the director of student development and health services at Southwestern College. She was first elected to the Sweetwater board in 1998 and last year was re-elected, in part with the aid of thousands of dollars in campaign donations from Proposition O contractors. Ricasa, 47, serves as chair of the board of directors of the MAAC Project nonprofit in Chula Vista. In January, The Watchdog reported that state auditors found MAAC leaders wrongly commingled federal stimulus funds. Ricasa dined with Gandara 92 times at taxpayer expense over the same three-year period.


John Wilson

Former director of business services at Southwestern College who has since worked as a consultant on bond projects. The U-T reported in 2008 that Wilson was dating college board Trustee Yolanda Salcido, and that Salcido voted on raises for Wilson and on construction contracts he recommended to the Southwestern governing board. Salcido’s campaign signs were in Quiñones’ garage when it was searched by investigators.