A 20-year-old college student from Queens was arrested on Saturday by the FBI for allegedly scouting possible targets for an ISIS-inspired attack, law enforcement officials said.

Prosecutors in Brooklyn charged Munther Omar Saleh with material support for terrorism. The FBI said he boasted he wanted to carry out a terror operation to an undercover informant.

A second man believed to be 17 years old was also questioned by authorities, according to federal court papers. Investigators said Saleh was researching how to make explosives and has watched ISIS videos online.

Saleh is a U.S. citizen who enrolled in a Queens aeronautical college and was allegedly trying to learn how to build a bomb.

Saleh allegedly posted jihadist writings online including claiming al-Qaida “could be getting too moderate” while also voicing support for the Charlie Hebdo attacks, the beheadings of hostages and establishing Sharia law in New York.

Investigators also said he voiced support for the Texas attack on a cartoon drawing contest of the prophet Mohammed.

In March, Saleh was twice spotted on the George Washington Bridge by Port Authority Police, and the Joint Terrorism Task Force was notified of the suspicious activity.

JTTF searched his computer and discovered pro-Isis translations, according to the criminal complaint.

In an online communication with a JTTF source, Saleh allegedly boasted, "Well, I am in NY trying to do an op." Investigators said he was also doing research on how to build a pressure cooker bomb similar to one used in the Boston Marathon bombings. The FBI said he also began shopping for components like a watch that could be used as a timing device for an explosive.

An unnamed co-conspirator allegedly exchanged ISIS videos from Syria with Saleh. Officials have not yet named that alleged co-conspirator.

On Saturday along the Whitestone Expressway, officials said Saleh noticed he and his co-conspirator were being followed, and they exited their green Jeep to approach the law enforcement vehicle. Police discovered a tactical folding knife on the co-conspirator when they were arrested, according to court papers.

The investigation is ongoing and spokesmen for the FBI and the US attorney’s office declined to comment beyond what is in the criminal complaint.

-- NBC News' Pete Williams and Robert Windrem contributed to this report 

A veteran off-duty police officer allegedly chased his ex-wife in a vehicle to a Jersey Shore intersection where she crashed Tuesday, then walked up to her car and fired several gunshots, striking her multiple times and killing her as their 7-year-old daughter watched from the front passenger seat of her father's vehicle not far away, prosecutors said.

Off-duty Neptune police officer and sergeant Philip Siedle, 51, was arrested on first-degree murder, weapons and child endangerment charges in the death of his ex-wife, 51-year-old Tamara Siedle, after the shooting around 11:30 a.m. near Ridge and Sewell avenues in Asbury Park, prosecutors said.

According to prosecutors, police responding to a report of an unrelated motor vehicle accident in the area saw a 2012 black Volkswagen Jetta driven by Tamara Siedle turn onto Sewell Avenue. Behind that car was a silver Honda Pilot being driven by her ex-husband, Philip Siedle.

As the former couple turned their respective cars onto Sewell Avenue, the woman's car hit an unoccupied parked vehicle, authorities said. Prosecutors allege Siedle then drove his car into his ex-wife's vehicle, got out of the Honda, pulled out a handgun and approached the driver's side window of his ex-wife's car. Once he got close, Siedle allegedly fired into the driver's side window several times, then took his gun and held it to his own head.

Prosecutors said Siedle walked around the area near his ex-wife's car for a few minutes, holding the gun to his head as his 7-year-old daughter watched from the front passenger seat of the Honda. Police managed to remove the child from the scene. 

Siedle then allegedly walked to the front of the Jetta and fired several shots through the front of the windshield; it's not clear how many times his ex-wife was hit.

A 30-minute standoff between members of law enforcement and Siedle ensued, prosecutors said; Siedle had a gun to his head the whole time. Law enforcement officers talked to him and ultimately managed to convince him to put the weapon down and surrender, according to officials.

Prosecutors said the couple's divorce had been finalized last month and Siedle's ex-wife won custody of their nine children, who range in age from 7 to 24. While authorities declined to specify a possible motive, they said Siedle spoke about issues regarding the children prior to the shooting.

Siedle was hired by the Neptune Police Department on July 1993 and promoted to sergeant of the patrol division in January 2009. Information on an attorney for Siedle wasn't immediately available.  

A fourth-floor apartment building balcony collapsed onto the sidewalk just blocks from the University of California, Berkeley campus early Tuesday, killing six young people celebrating a 21st birthday and leaving seven other people injured, police said.

Five of the victims were all 21-year-olds from Ireland. They were identified as: Olivia Burke, Eoghan Culligan, Niccolai Schuster, Lorcan Miller and Eimear Walsh. Most were from Dublin. 

The sixth victim was identified by the Alameda County Coroner Sgt. JD Nelson as Ashley Donohoe, 22, an Irish-American from Rohnert Park. She was related to Burke. 

Front page of the Irish Times. [Photo courtesy @IrishTimes] #Berkeley http://t.co/Ba0szRSGNz pic.twitter.com/sXJm25PtBf

— NBC Bay Area (@nbcbayarea) June 16, 2015

The coroner's office said all victims died as a result of multiple blunt traumatic injuries.

A memorial of menthol Parliament cigarettes, flowers, lollipops and cards marked the fatal scene. The families of the victims are expected to arrive from Ireland Tuesday evening.

The building in question, Library Gardens Apartments, is owned by Blackrock Financial in New York and managed by the Houston-based Greystar.

"Our hearts go out to the families and friends of the deceased and those injured in this tragic accident," a Greystar spokesperson said in a statement. "The safety of our residents is our highest priority."

A Blackrock spokesperson said an independent structural engineer was being dispatched to review the situation.

NBC Bay Area's chopper flew overhead at 2020 Kittredge Street, showing a small balcony that had ripped off a pale yellow building and debris scattered in the street. As many as 13 or 14 people had been on the balcony, police and witnesses said. Police say all the other balconies in the complex were red-tagged Tuesday morning, too, as a precaution. A property restoration company arrived before 11 a.m. to take down the balcony altogether.

"I was absolutely devastated to hear the news, particularly when one thinks of young lives that are the edge of so much and looking forward to futures that were very bright," Ireland's president, Michael Higgins told NBC News from a conference he was attending in Italy.

University College Dublin President Andrew Deeks expressed heartbreak at the news of the accident involving UCD students and their friends. It's not immediately clear whether all five students attended UCD. The university has started a Book of Condolence for the students who lost their lives.

"It is with deepest sadness that I speak of the tragic accident involving UCD students and their friends in San Francisco," the statement said. "On behalf of the entire university community, I wish to extend our condolences to the families and friends of those who died and to those who were injured. We cannot comprehend the desperate shock and grief they are feeling and we are heartbroken at their suffering and loss."

And in the United States, Rep. Barbara Lee (D-Berkeley) tweeted she was "shocked" and "heartbroken."

At an afternoon news conference, Berkeley Mayor Tom Bates said he was "awestruck by this incredible tragedy. It's really a shocking set of events." He added that the city will inspect what happened and "get to the bottom of it."

Many of the injured were taken to at least four hospitals in critical condition with life-threatening wounds, police spokeswoman Jennifer Coats said. Witnesses at the scene said many of the young people, mostly in their 20s, were in California to work and study for the summer. Two young women said the gathering was for a female friend's birthday, who had just turned 21 and was working at a San Francisco restaurant. They were part of a Dublin-based group called USIT Ireland, which expressed on its website its "deepest sympathy and support" to the families involved in this "truly tragic situation."

Police officer Byron White said they received a noise complaint about a loud party about an hour before the 12:41 a.m. collapse, but they did not respond. Later, Police Chief Mike Meehan said that officers were busy dealing with shots fired in the southern part of the city. When officers arrived they found that the balcony on the fourth floor of the building, completed in 2006, had disintegrated. Meehan said at this point, Berkeley police are not conducting a criminal probe into the deaths.

Mark Neville lives on the ground floor of the building and is also is Berkeley on a J-1 visa from his hometown in Longford County, Ireland.

"Everyone back home is in shock," he said. "My parents are personally in state of panic. My dad said it was worst hour and half of his life just waiting for the call back saying I'm safe."

Alfredo Durán, who does maintenance in the building and lives there, said that he heard a party, "a lot of music and noise," before the balcony collapsed. Though he did not go outside, he speculated that the party goers might have been jumping on the balcony.

“I’m scared and concerned for the building," he said. "I live here. Anything can happen."

Early in the morning, before the victims were identified, Ireland’s Minister for Foreign Affairs and Trade Charlie Flanagan asked anyone with such a visa call their parents at home to let them know if they were OK. These visas allow people to teach, study, research and be trained in the United States.

“My heart goes out to the families and loved ones of the deceased and those who have been injured in this appalling accident,” Flanagan said in a statement. “My department in Dublin stands ready to provide all possible consular assistance to Irish citizens affected by this tragedy.”

According to the Irish Times, more than 8,000 Irish students go to the United States on these visas, and 35 percent, or 2,800, travel to California, with the San Francisco Bay Area as their top spot.

Speaking at the afternoon news conference at Berkeley City Hall, Consul General of Ireland to the Western United States Philip Grant noted that this is normally a "formative" time for the "thousands" who come for the overseas exchange program. He said the deaths have left his "countrymen frozen in disbelief. We're a close tight-knit group. Very few of us have been left untouched."

The building is just two blocks from the campus of the University of California, Berkeley, which offers visiting students accommodation through a subletting service, the Times reported.

The company manages more than 400,000 apartments around the country, including five in Berkeley. On its website, the apartments are touted as the "premiere choice for convenient Berkeley" living, near "world class" shopping and restaurants.

It has been announced that flags will fly at half mast over major public buildings on Wednesday #Berkeley

— The Irish Times (@IrishTimes) June 16, 2015

No one answered the phone at the apartment complex in Berkeley early Tuesday morning.

Coats said officers are still investigating and she doesn't have any information on how it occurred or what the people were doing on the structure at the time.

"We don't know what happened, " she said. "This was a traumatic scene. Our officers and paramedics responded very quickly. They did what they could to help as many people as they could. It's going to be a very sad day for a lot of these victims' families to get this kind of news."

The deaths reignited a debate in Berkeley over the density of the city, and how much new housing should be added to the city.

Carrie Olson, who used to serve on the city's Design Review Committee, blamed many people, including the mayor, for allowing so many people to be "stuffed" into a building.

City councilman Jesse Arreguin wrote on Facebook that the property management company "had a history of not properly responding to tenant requests for repairs. This structural collapse makes us wonder if this whole tragedy could have been avoided with proper attention and maintenance."

The surviving victims were taken to these hospitals: John Muir Medical Center in Walnut Creek had two of the patients, Eden Medical Center in Castro Valley had four of the patients, and Highland Hospital and UCSF Benioff Children's Hospital, both in Oakland, had the remaining patients.

Neighbor Gerald Robinson doesn't know the people who lived there well, but he did say that he knew that many of them were Irish, because of their heavy accents. He ended up taking some people to the hospital after two "desperate students" needed a ride. Robinson said the students he drove didn't know about the deaths at the time.

"The kids there have no idea what's happened," he said.

Later in the morning, the news had spread about the deaths. Dan Sullivan, who also is visiting Berkeley from Ireland, said the whole ordeal is quite shocking. "When you come out to work for the summer in California," he said, "you don’t expect a tragedy like this. It's just horrific."

NBC Bay Area's Shawn Murphy, Riya Bhattacharjee, Allen Wedington, Gonzalo Rojas, Yalda Rafie, Telemundo's Paola Reyes and the Associated Press contributed to this report.

On Tuesday, the one-year anniversary of Tony Gwynn’s death, city and college officials announced a new memorial event to remember the San Diego Padres icon.

The Tony Gwynn Classic, a 12-game college baseball tournament, will debut from Feb. 26 to 28 of next year.

Officials held a news conference on Tuesday to announce the new tournament to honor “Mr. Padre.”

“Even though it may seem like a sad day, it really is a celebration,” said Alicia Gwynn, Tony’s widow.

Alicia Gwynn said her late husband always wanted to see a baseball classic come to fruition in San Diego.

“This is what Tony would talk about after he came home from a game: a baseball clinic,” she said, noting he would tell her, “Please, don’t let this die.”

Gwynn died one year ago at Pomerado Hospital in Poway after losing his battle with cancer of the salivary gland. He was 54 years old.

The famed slugger and Hall of Fame inductee led the Padres to their only World Series appearances and racked up numerous awards for his hitting prowess before retiring in 2001.

Gwynn continued his commitment to the San Diego sports community after his own professional career ended, joining his alma mater San Diego State University as head baseball coach.

“We thank you the City of San Diego for helping us continue on Tony Gwynn’s legacy,” Alicia Gwynn said.

San Diego’s deserts will see very high temperatures this week, so much so that a heat advisory has been issued by the National Weather Service (NWS).

The heat advisory goes into effect Tuesday at noon and runs through 7 p.m. Sunday for the area of San Gorgonio pass near Banning. The desert region will see high temperatures of 108 to 115 degrees over the week, but a cooling trend should begin by next week.

NBC 7 meteorologist Jodi Kodesh said the deserts will see “stale air” Tuesday and at least 110-degree temps during this “prolonged period of intense heat.”

Due to the hot conditions, NWS said people should limit or avoid strenuous outdoor activity. If you have to be outside, drink plenty of water and wear light, loose-fitting clothing. Try to limit your outdoor activities to earlier in the day, too, before the heat sets in.

Residents should check for designated "Cool Zones" in their area as well and try to take advantage of air-conditioning whenever possible. Parents should never leave children in hot cars – not even for a minute.

If you’re overcome by the heat, move to a cool and shaded location right away and call 911 if it evolves into heat stroke, the NWS said.

Kodesh said there will be relief from the desert heat at the coast and local beaches Tuesday. Clouds and mild temperatures in the 70s are expected there, a stark contrast to the heat wave happening inland. To get updated weather information, click here.
 

City and County officials said after their third meeting with Chargers officials, a consensus may be near. 

At a press conference following their meeting, Mayor Kevin Faulconer, County Supervisor Ron Roberts and City Attorney Jan Goldsmith and other members of the negotiating team spoke. 

The nearly two hour meeting with the Chargers representatives was a "productive exchange, back and forth," Faulconer said. 

"I think we're very very close now to a consensus," Ron Roberts said, adding that the meeting today would lead to a second stage of negotiations. 

City leaders say they are "optimistic" they can get their environmental agreement approved in time to have the stadium project put to a vote of the people by the end of this year.

The Chargers have said in the past they do not believe Mission Valley will work because of the environmental approval issues. 

City leaders will not say what type of enironmental obstacles the Mission Valley location faces, but traffic and dealing with building around the San Diego River have been cited by experts in the past.  

Goldsmith says they hve got an easier path to meet a law known as CEQA, or California's Environmental Quality Act because they would be replacing an existing stadium with a smaller one.

"There will always be some thought if there is an environmental issue here or there, the truck traffic, things like that - there are exemptions in CEQA," Goldsmith said. "There's also different options how you have alternative ways to comply. "

Faulconer said in the meeting, they also discussed timing and resources for the stadium and, Faulconer said, they wanted to work on a solution by the end of the year. 

"This has been a united effort from the very beginning," Faulconer said. "Really, the County and City coming and working together on an uprecedented level."

The goal they were working toward, Faulconer said, is keeping the Chargers in San Diego. 

The next step, officials said, is to meet with NFL staff to talk about proposals. 

NBC 7 has reached out to Chargers Special Counsel Mark Fabiani for comment but has not heard back. 

Would-be thieves left a big mess behind at a Santee Walgreens store Tuesday morning after they attempted to steal an ATM near the entrance, but failed.

A security alarm rang out at a Walgreens located at 9305 Mission Gorge Rd. around 4:40 a.m. When deputies with the San Diego Sheriff’s Department arrived, they discovered at least four windows at the store had been smashed out.

The suspects had attempted to steal an ATM near the front of the store, but were unsuccessful, deputies said. It appeared they had wrapped a 20-foot chain around the Navy Federal Credit Union ATM in attempt to pull it out of the ground, but the plan did not work.

Deputies said the suspects fled the scene, possibly in a four-door, red pickup truck. No descriptions of the suspects were immediately available, but officials did say the suspects were two men.

No one was injured in the near-heist.

This is the third incident involving at attempted ATM theft in San Diego this month.

On June 11, someone tried to steal an ATM from a CVS store at Poway and Pomerado roads around 3 a.m. On June 3, two unknown men attempted to pull an ATM from inside a Rancho Penasquitos store using a heavy chain and a pickup truck, but also failed.

It is unknown, at this point, if the incidents are related. The investigation is ongoing.
 

A San Diego man was shot in the chest late Monday night during what investigators are calling a road rage incident when a stranger fired shots at him while driving on Interstate 5 just south of Clairemont. 

The freeway shooting happened around 11 p.m., California Highway Patrol (CHP) officials said. 

The victim was driving on northbound I-5 alongside a black sedan when an unknown man began firing shots, striking him with one of the rounds.

He originally told investigators the gunman was shooting at another car on the freeway but, instead, hit him in the crossfire. However, CHP officials later said "the victim and the suspect were actively engaged in a road rage altercation."

The male victim, the solo occupant of a gray 1987 BMV 325i, sustained a gunshot wound and was taken to a local hospital for treatment, CHP officials said. After he was shot, he pulled over to the right shoulder of the I-5 south of Clairemont Drive, while the suspect's car exited the freeway at Clairemont Drive and headed west.

The victim’s passenger side window was shattered in the shooting, with pieces of glass left strewn about in the roadway. The victim was taken to the hospital in serious condition.

The suspect is described as a dark skinned man, 20 to 30 years old, with short hair driving what the victim and a witness describe as a newer model white sedan, similar to a Scion tC. A female passenger was with the suspect in the car. 

Anyone who may have witnessed the incident with these two vehicles is being asked to contact CHP Investigator B. Clinkscales at (619) 220-5492.

The freeway shooting remains under investigation.

This is the second case of suspected road rage on San Diego in the last few weeks.

The San Diego Padres have named Pat Murphy the team’s interim manager, a day after announcing that Bud Black had been fired.

Murphy has worked as the manager of the El Paso Chihuahuas, the team’s Triple A-affiliate team, and has been affiliated with the Padres organization for six seasons. He has a 180-172 record with the Triple-A team, the team said in a statement.

Prior to coaching the Chihuahuas, Murphy spent two seasons managing the Short-A Eugene team, where he posted a 93-59 record.

“His leadership ability, his respect in the clubhouse and his familiarity with our system will make this transition a smooth one for our players and coaching staff,” Padres General Manager A.J. Preller said in a news release.

The Padres issued a statement on Monday that Black was being terminated, a decision Preller said in a news conference that he hadn’t made lightly.

Still, Preller noted the “inconsistencies” the team had experienced so far this year and said he was “looking for a situation here in the next month or so where we start playing at the level we've shown we're capable of at various times throughout the year."

The Padres have a 32-34 record and are six games back of first place in the NL West.

Still, Murphy inherits a talent-laden team that sits two games under .500 with 96 games left to play.

The 56-year-old is in his sixth season in the Padres organization, including parts of the last three seasons as the manager of the club’s Triple-A affiliate. He joined the Padres organization as special assistant to baseball operations in 2010.
 
Murphy won 1,000 games as a collegiate head coach, most of them during a successful 15-year run at Arizona State University where he led the Sun Devils to the College World Series four times.

However, after the 2009 season allegations of academic fraud, recruiting violations and conflicts of interest involving players working for Murphy's non-profit youth athletic program were made by a former baseball program employee. He was told by the university to resign or be fired. He chose the former and soon caught on with the Padres.

Murphy is known for his fiery demeanor both on and off the field and his teams have often taken on that personality, as well. In a 2013 interview with The Arizona Republic, Murphy said the experience was a humbling, yet important lesson.

“I regret some of the things I said. I regret reacting to the NCAA the way I did,” Murphy said. “I just felt so violated I didn’t keep my cool. I didn’t have any idea the ramifications of my reactions.

“I realize so much more in hindsight. It made me evaluate what my weaknesses are, how a person that is always in control, always on top, sometimes doesn’t take the time to understand so much that’s going on around him. I wasn’t so good at any of that at the beginning, but this has been a great journey for me. It’s made me grow as a man.”

The Padres are looking for a comeback this year. Perhaps turning to a man who is on a comeback trail of his own is a good way to do it.
 

Four Southern California men have been charged with illegally defrauding Medicare of millions through an El Centro clinic in a newly unsealed 30-count indictment, U.S. Attorney Laura E. Duffy said Tuesday.

Paul Robinson, Levon Tovmassian, Hasmik Senekerimyan and Nazar Muradyan conspired with Gevorg Kupelian and others to commit health care fraud, the indictment alleges, through an El Centro clinic.

“Health care fraud remains a pervasive and destructive trend nationwide, cheating our nation’s taxpayers outs of millions that could be put to better use,” said U.S. Attorney Laura Duffy in a statement. “In conjunction with our colleagues nationwide, we will continue to diligently investigate and prosecute these crimes on the nation’s behalf.”

Kupelian opened the El Centro Clinic and admitted to recruiting a doctor to work as his cover for the clinic while he used his Medicare billing number to submit fraudulent claims, according to the indictment.

He also admitted to paying recruiters to find elderly people in El Centro and convincing them to go to the clinic to have “gauntlets of tests without justification or proper supervision by a physician,” spokeswoman Kelly Thornton said.

Kupelian, who acted as the leader of the clinic, pleaded guilty and was sentenced in a related case.
Licensed physician Robinson, who acted as a nominal owner of the clinic, submitted more than 1,100 claims for Medicare beneficiaries under his billing number between September 2012 and February 2014.

During that time, the clinic garnered more than $2.7 million in claims to Medicare, which resulted in payments of approximately $1.3 million to Robinson, the indictment said. About 75 percent of that money went back to Kupelian, who paid Tovmassian, Senekerimyan, Muradyan and others to make the clinic appear legitimate.

“Aggressively combating health care fraud continues to remain a top priority of the FBI,” said San Diego FBI Special Agent in Charge Eric Birnbaum in a statement. “These indictments demonstrate that utilizing senior citizens as pawns in schemes to defraud Medicare will not be tolerated. The FBI remains committed to working with our partners in order to ensure that Medicare, which provides health care to our nation’s elderly, will be there when they need it the most.”

Tovmassian, who acted as a Physician’s Assistant without a license, treated patients and allegedly ordered unnecessary medical tests. Senekerimyan is accused of falsely claiming to doing administer allergy tests at the clinic and fraudulently completing the allergy test order forms when, in fact, no tests were ever performed.

The defendants face several charges, including health care fraud-related charges and obstruction of a federal audit.

A small brush fire burning in a creek bed is sending smoke billowing above Carlsbad Tuesday, officials confirmed.

The fire started in the San Marcos Creek area near the end of Gibralta Street.

The blaze is moving slowly through heavy fuel, according to fire officials. No evacuations have been ordered, and no injuries have been reported.

Firefighters are working to extinguish the fire now. It's unclear what caused it.

Lovers of pizza and hot dogs can now get both at local Pizza Hut locations in San Diego, starting Thursday.

Pizza Hut’s Hot Dog Bites Pizza will be available at Pizza Hut locations starting at 11 a.m. on Thursday.

The pizza is a large, one-topping pizza featuring 28 hot dog bites bakes into the crust and served with a side of French’s mustard.

The pie will be available for $11.99.

Two firefighters were injured after a fire truck overturned in south San Diego’s Otay Mesa area Tuesday morning during a training exercise, officials confirmed.

Fire crews were training around 9:40 a.m. off road in a field on Paseo De La Fuente near Alta Road when the truck crashed, the San Diego Fire-Rescue Department (SDFD) said.

Two firefighters were injured and transported to Scripps Mercy Hospital.

Additional details of the crash, including the cause, were not immediately released. Check back for updates on this developing story.

The U.S. is home to many beautiful beaches, but Coronado Beach is among the best in the west, according to a new list compiled by the city guide app, Foursquare.

Foursquare recently released its list of “36 Outstanding Beaches” worth visiting this summer and Coronado Beach in San Diego’s Coronado Island ranked No. 3 in the round-up.

The beach on Ocean Blvd. – near the famous Hotel del Coronado – is frequented by residents and visitors alike as a prime spot to soak up some sun. Foursquare says many users tout its waves and quiet ambiance as major draws.

The only two beaches to beat out Coronado in the rankings were Gulf Shores Beach in Alabama (No. 1) and Rotary Park in Lake Havasu City, Ariz. (No. 2).

For the full list of top beach spots across the nation, click here.

What other local beaches are your favorites? Share your picks in the comments section below.
 

San Diego Mayor Kevin Faulconer and County Supervisor Dianne Jacob pledged Tuesday to help release detailed information about payments to a San Francisco land use expert who is helping the city and county negotiate with the San Diego Chargers for a new stadium.

In response to an NBC 7 Investigates story about the lack of public information concerning fees and expenses paid to attorney Michael Zischke, Jacob said Tuesday, “Taxpayers have a right to know how much they are paying for a CEQA (environmental law) expert, and I have asked County Counsel to release the terms of the financial arrangement as soon as possible.”

Addressing reporters at a noon news conference, Faulconer said his office will also work to make that information public.

A county spokesman also said the Board of Supervisors could meet in closed session as early next Tuesday to authorize county attorneys to release details about its contract with the land-use attorney.

Zischke is an expert in environmental law. He co-wrote a two-volume legal handbook on California’s Environmental Quality Act, and according to his biography, he has represented clients in land-use and environmental cases at all levels of California courts. Zischke is a partner in the Cox Castle Nicholson law firm in San Francisco.

Environmental issues – and possible legal challenges to any stadium proposal based on those issues – are huge in both the negotiations and the approval and construction of a stadium, if the Chargers, the city and the county do eventually strike a deal.

But Zischke’s involvement in those negotiations as part of the city and county’s team was not disclosed until last week.

Until now, local government officials have repeatedly said only two outside consultants will be paid for their expertise: the Nixon Peabody law firm, for legal advice, and Citigroup Global Markets, for development of a financial plan for stadium construction.

In April, the city and county agreed to split up to $500,000 in taxpayer funds for those outside advisors. Those officials acknowledged payments to the two consultants may well exceed $500,000 if negotiations continue.

Last Thursday, a San Diego County spokesman confirmed Zischke has been added to the negotiating team.

But response to a California Public Records Act request from NBC 7 Investigates, the county refused to provide any information about the terms of Zischke’s contract, including how and why he was picked for the job, how much he’s being paid for his legal advice and whether he’ll be reimbursed for travel, hotel and other expenses.

County attorneys cited state legal codes that classify written fee agreements as “confidential communication.”

When contacted by NBC 7 Investigates, Zischke declined to provide any information about his financial arrangement with the county.

Last Friday, a county spokesman provided limited information about Zischke’s work on the stadium project. The spokesman said Zischke has consulted for the county on other non-stadium legal issues, and that the county counsel’s office “engaged his services to assist with (the stadium) effort.”

The spokesman confirmed that neither Board of Supervisors nor the city specifically approved using Zischke for the stadium negotiations, and no other environmental law experts were considered for the job. According to the county spokesman, Zischke’s consulting fees and expenses will be paid by both the city and the county, in keeping with the agreement between those two governments that splits the cost of outside experts on the stadium negotiations.

But the city of San Diego had a much difference response to the same public records act request. The city clerk’s office gave NBC 7 Investigates detailed information about how San Diego taxpayers are paying the Nixon Peabody law firm, and Citigroup Global Markets.

The city’s 47-page agreement with Nixon Peabody reveals taxpayers will initially pay the firm up to $150,000 for legal advice and out-of-pocket expenses.

The firm’s partners and managing director will be paid $500 an hour for their legal advice, according to the agreement. Associate attorneys are paid $400 per hour, and paralegals get $195 an hour.

That agreement specifies the law firm will be reimbursed for “actual, necessary and reasonable out-of-pocket expense” including air travel at economy or coach class fare and hotel accommodations in San Diego “not to exceed the rate established by the U.S. Government General Services Administration for San Diego.”

The lawyers will not be paid for meals or drinks while working in San Diego, and Nixon Peabody cannot charge taxpayers for computer-assisted legal research, clerical or secretarial salaries, word processing fees or office supplies.

Those public documents also confirm that at least six law firms submitted proposals to act as outside legal counsel for the stadium negotiations. Nixon Peabody, which has offices around the world, was the city’s choice.

Other public documents supplied by the city to NBC 7 Investigates confirm the city “does not expect to advance (taxpayer funds) to pay for Citigroup’s services,” and that Citigroup will make its money only if it helps issue bonds and other financial instruments needed to build a new stadium.

Citigroup’s consulting agreement commits taxpayers to paying only for “reasonable out of pocket expenses” incurred by Citigroup executive Bill Corrado during the negotiations.

Two local attorneys, who are both candidates for the City Attorney’s job, told NBC 7 Investigates the city’s decision to share details about those consulting contracts will increase taxpayer confidence in the negotiations and help make the process transparent.

“The public should have access to how much taxpayer funds are being spent and who that money is being paid to,” said civil law attorney Gil Cabrera. “There are so many parties, each with their own agenda, in a project like this, so you need transparency.”

Cabrera said the county would be wise to release general information about Zischke’s contract, to maintain public confidence in the negotiations and the cost to taxpayers of pursuing a deal for a new stadium. He said outside lawyers and consultants who work for government agencies “have to assume that the terms of (their) agreement are public, and they should be public.”

Chief Deputy City Attorney Mara Elliot, who has a strong background in government law, said the city “did the right thing in releasing that information to the public.” Elliot said she has “no problem in releasing general information about rates and expenses” for outside attorneys and consultants.
 

Sewage spilled in the area of Garrison Street and Mesa Drive in Oceanside and poured out at a rate of 500 gallons per minutes before it was stopped on Tuesday, officials said.

The spill was reported to the Department of Environmental Health on Monday; the City of Oceanside worked to stop the spill, which had ended as of 2:30 p.m.

It’s also not yet clear what caused the spill and officials are investigating.

Officials said sewage spilled Tuesday into several manholes in Oceanside and entered Loma Alta Creek. It then traveled about 2.25 miles to the Loma Alta catchment at Buccaneer Creek.

The spilled sewage wasn't believed to have made its way to the ocean

Tuesday afternoon, the sewage was pumped out of the creek and diverted into a sewage treatment plant.

Signs warning of sewage contamination were posted at Buccaneer Park and other points along Loma Alta Creek.

Water officials are still determining how much sewage spilled, but believe they've recovered at least 75 percent of it.

After three meetings with city and county representatives, the San Diego Chargers' special counsel said there is no way they could get a stadium measure on a December ballot in a "legally defensible manner." 

Counsel Mark Fabiani's conclusion contradicts the earlier announcement made by San Diego Mayor Kevin Faulconer, who called their two-hour meeting on Tuesday "a productive exchange." San Diego County Supervisor Ron Roberts said he thinks the team and the government are very close to a consensus.

While Fabiani thanked the city and county team for their work in trying to get the stadium ballot measure before voters this year, he went on to say it can't happen.

"Based on all of this work and discussion, the Chargers have concluded that it is not possible to place a ballot measure before voters in December 2015 in a legally defensible manner given the requirements of the State’s election law and the California Environmental Quality Act," said Fabiani's statement. "The various options that we have explored with the City’s experts all lead to the same result: Significant time-consuming litigation founded on multiple legal challenges, followed by a high risk of eventual defeat in the courts."

Fabiani wrote that the team is still committed to maintaining an open line of community with the local government negotiators leading up to the NFL owners' special meeting in August. "That meeting may provide important information about what is likely to occur during the remainder of 2015."

In response to Fabiani's statement, the spokesman for the Citizens Stadium Advisory Group (CSAG), Tony Manolatos, sent NBC 7 this scathing email:

"It appears the Chargers have pulled the plug on San Diego even though the City and County have gone out of their way to try and accommodate the team. Instead of working collaboratively on a solution, the Chargers have thrown up one road block after another in San Diego while working aggressively on stadium plans in Carson. It's disappointing, especially for fans."

Faulconer, Roberts and City Attorney Jan Goldsmith defended their negotiations thusfar, saying in a release that they've given the team multiple legally defensible options that fully comply with environmental laws. The new timeline they gave the Chargers Tuesday includes a full environmental impact report by October in time for a January special election.

The city and county leaders say Tuesday's meeting ended with Chargers' representatives telling the group they would review those options and discuss them.

"Work has already begun on this environmental analysis and City staff and outside consultants are confident that we have a CEQA solution that meets the NFL timeline," the joint statement says. "San Diego voters should have the final say on whether this stadium plan moves forward.

"We are still at the table. We have all the ingredients for success in San Diego if the Chargers work with us. We can get this done if the Chargers want to get it done.”

Details about the closed door meetings remain murky. Officials have not said if their discussions are focusing on a stadium in Mission Valley or one downtown.

While CSAG put together a financial plan for the existing Qualcomm Stadium site, the Chargers have made it known they prefer a downtown option.

The mother of a deaf boy says he can now hear the "birds sing" following experimental brain surgery performed in Southern California.

Four-year-old Auguste Gareau was the first child to receive an auditory brain implant in California, as part of a clinical trial being conducted at the Huntington Medical Research Institute.

• Click here to learn more about the clinical trial and research being done

The day NBC4 visited with Auguste, he was going for a nine-month check-up. He is in many ways a typical little boy, fascinated by his computer games and delighted at the sneaky chance to run through the long hallways at the doctor’s office.

"He is vibrant. Very illuminated. And he is a charmer," said Auguste’s mom, Sophie Gareau.
Auguste was born profoundly deaf. Before he was two years old, he underwent two cochlear implant surgeries. Neither surgery was successful, because Auguste is missing the nerve that connects the ear to the brain.

"When you have a child with a disability, you have to embrace them the way that they are. He was just perfect," Gareau said.

Then came an invitation from the House Clinic in Los Angeles, for Auguste to participate in a five-year clinical trial.

"Historically there was not a treatment option for these patients," said ear surgeon Dr. Eric Wilkinson.

Sophie was hesitant at first. This was not only an experimental surgery; it was experimental brain surgery on a little boy. Still, she and her husband travelled from their home in Canada to California to meet with the doctors.

"We went to Hollywood Boulevard, and we were sitting in front of Starbucks with this blasting music, and Auguste was sleeping, of course, because he couldn’t hear anything. And I just had this heat wave and it came up and the tears came to my eyes, and I am very intuitive and I said, 'We have to do this,'" said Gareau.

Until now, auditory brain implants, or ABIs, had only been done on adults, and only when there was a medical need to go into the brain, like to remove a tumor.

"We are replacing the natural cable, which they are missing, with an electronic cable that takes the sound from the external environment and sends it directly to the brain stem," said Dr. Wilkinson.

Wilkinson is not only a researcher at Huntington Medical Research Institutes and an otologist with the House Clinic, but also a father. He appreciates that this is a difficult decision for families. “It’s really humbling to have someone come from across the country and put baby’s life in our hands. They are amazing people.”

Almost a year after the surgery, Auguste has been hearing sounds, recognizing some of the world around him and even, dancing.

Sophie admits the surgery was “emotionally intense,” but in many ways the hard work has just begun.

"It’s not like you put it on and ‘It’s a miracle! He can hear, oh my God, it’s a miracle.' The work starts here," said Gareau.

• To Follow Auguste's Journey, Visit His Facebook Page

Auguste spends several hours a week in therapy learning to process all the new sounds, all the new information coming to him.

"His progress is really taking off," Dr. Wilkinson said.

While Auguste can now distinguish the sound of his own name, and other sounds, it is unlikely he will ever be able to hear fully.

"We are all learning sign in the family," said Gareau.

The ABI has improved his ability to read lips, and hear important social cues, like honking horns and cheering.

"It’s amazing. Crazy. Just crazy. It is crazy magic. Science and technology," said Gareau.

San Diego Mayor Kevin Faulconer and County Supervisor Dianne Jacob pledged Tuesday to help release detailed information about payments to a San Francisco land use expert who is helping the city and county negotiate with the San Diego Chargers for a new stadium.

In response to an NBC 7 Investigates story about the lack of public information concerning fees and expenses paid to attorney Michael Zischke, Jacob said Tuesday, “Taxpayers have a right to know how much they are paying for a CEQA (environmental law) expert, and I have asked County Counsel to release the terms of the financial arrangement as soon as possible.”

Addressing reporters at a noon news conference, Faulconer said his office will also work to make that information public.

A county spokesman also said the Board of Supervisors could meet in closed session as early next Tuesday to authorize county attorneys to release details about its contract with the land-use attorney.

Zischke is an expert in environmental law. He co-wrote a two-volume legal handbook on California’s Environmental Quality Act, and according to his biography, he has represented clients in land-use and environmental cases at all levels of California courts. Zischke is a partner in the Cox Castle Nicholson law firm in San Francisco.

Environmental issues – and possible legal challenges to any stadium proposal based on those issues – are huge in both the negotiations and the approval and construction of a stadium, if the Chargers, the city and the county do eventually strike a deal.

But Zischke’s involvement in those negotiations as part of the city and county’s team was not disclosed until last week.

Until now, local government officials have repeatedly said only two outside consultants will be paid for their expertise: the Nixon Peabody law firm, for legal advice, and Citigroup Global Markets, for development of a financial plan for stadium construction.

In April, the city and county agreed to split up to $500,000 in taxpayer funds for those outside advisors. Those officials acknowledged payments to the two consultants may well exceed $500,000 if negotiations continue.

Last Thursday, a San Diego County spokesman confirmed Zischke has been added to the negotiating team.

But response to a California Public Records Act request from NBC 7 Investigates, the county refused to provide any information about the terms of Zischke’s contract, including how and why he was picked for the job, how much he’s being paid for his legal advice and whether he’ll be reimbursed for travel, hotel and other expenses.

County attorneys cited state legal codes that classify written fee agreements as “confidential communication.”

When contacted by NBC 7 Investigates, Zischke declined to provide any information about his financial arrangement with the county.

Last Friday, a county spokesman provided limited information about Zischke’s work on the stadium project. The spokesman said Zischke has consulted for the county on other non-stadium legal issues, and that the county counsel’s office “engaged his services to assist with (the stadium) effort.”

The spokesman confirmed that neither Board of Supervisors nor the city specifically approved using Zischke for the stadium negotiations, and no other environmental law experts were considered for the job. According to the county spokesman, Zischke’s consulting fees and expenses will be paid by both the city and the county, in keeping with the agreement between those two governments that splits the cost of outside experts on the stadium negotiations.

But the city of San Diego had a much difference response to the same public records act request. The city clerk’s office gave NBC 7 Investigates detailed information about how San Diego taxpayers are paying the Nixon Peabody law firm, and Citigroup Global Markets.

The city’s 47-page agreement with Nixon Peabody reveals taxpayers will initially pay the firm up to $150,000 for legal advice and out-of-pocket expenses.

The firm’s partners and managing director will be paid $500 an hour for their legal advice, according to the agreement. Associate attorneys are paid $400 per hour, and paralegals get $195 an hour.

That agreement specifies the law firm will be reimbursed for “actual, necessary and reasonable out-of-pocket expense” including air travel at economy or coach class fare and hotel accommodations in San Diego “not to exceed the rate established by the U.S. Government General Services Administration for San Diego.”

The lawyers will not be paid for meals or drinks while working in San Diego, and Nixon Peabody cannot charge taxpayers for computer-assisted legal research, clerical or secretarial salaries, word processing fees or office supplies.

Those public documents also confirm that at least six law firms submitted proposals to act as outside legal counsel for the stadium negotiations. Nixon Peabody, which has offices around the world, was the city’s choice.

Other public documents supplied by the city to NBC 7 Investigates confirm the city “does not expect to advance (taxpayer funds) to pay for Citigroup’s services,” and that Citigroup will make its money only if it helps issue bonds and other financial instruments needed to build a new stadium.

Citigroup’s consulting agreement commits taxpayers to paying only for “reasonable out of pocket expenses” incurred by Citigroup executive Bill Corrado during the negotiations.

Two local attorneys, who are both candidates for the City Attorney’s job, told NBC 7 Investigates the city’s decision to share details about those consulting contracts will increase taxpayer confidence in the negotiations and help make the process transparent.

“The public should have access to how much taxpayer funds are being spent and who that money is being paid to,” said civil law attorney Gil Cabrera. “There are so many parties, each with their own agenda, in a project like this, so you need transparency.”

Cabrera said the county would be wise to release general information about Zischke’s contract, to maintain public confidence in the negotiations and the cost to taxpayers of pursuing a deal for a new stadium. He said outside lawyers and consultants who work for government agencies “have to assume that the terms of (their) agreement are public, and they should be public.”

Chief Deputy City Attorney Mara Elliot, who has a strong background in government law, said the city “did the right thing in releasing that information to the public.” Elliot said she has “no problem in releasing general information about rates and expenses” for outside attorneys and consultants.
 

A collision involving six cars caused major traffic slowing during the Tuesday morning commute along northbound Interstate 805 in National City.

The accident happened around 7:40 a.m., and California Highway Patrol issued a SigAlert minutes thereafter. CHP officials estimated the freeway would be blocked for 30 to 40 minutes as crews worked to clear the site of the crash near the 47th Street exit.

Traffic was slow from Plaza Boulevard.

Many of the vehicles blocked the fast lane. CHP officials said at least one of the cars involved in the accident spun out and before crashing into other vehicles.

By 8:30 a.m., the lanes had been cleared and re-opened to traffic, though the commute remained slow from E Street.

There is no word on injuries.