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07/14/2009CITY OF GRAND TERRACE CITY COUNCIL MINUTES REGULAR MEETING - JULY 14, 2009 A regular meeting of the City Council of the City of Grand Terrace was called to order in the Council Chambers, Grand Terrace Civic Center, 22795 Barton Road, Grand Terrace, California, on July 14, 2009 at 6:00 p.m. PRESENT: Maryetta Ferre, Mayor Lee Ann Garcia, Mayor Pro Tern Bea Cortes, Councilmember Jim Miller, Councilmember Walt Stanckiewitz, Councilmember Brenda Mesa, City Clerk Steve Berry, Acting City Manager Bernard Simon, Finance Director Joyce Powers, Community & Economic Development Director Richard Shields, Building & Safety Director John Harper, City Attorney Lt. Tony Allen, San Bernardino County Sheriff's Department ABSENT: John Salvate, San Bernardino County Fire Department The City Council meeting was opened with Invocation by Elder Ronnie Chavez, Calvary, The Brook Church, followed by the Pledge of Allegiance led by Councilman Walt Stanckiewitz. CONVENE CITY COUNCIL MEETING ITEMS TO DELETE - None SPECIAL PRESENTATIONS 2A. Introduction of Lt. Allen, San Bernardino County Sheriff's Department & Certificate of Appreciation to Sgt. Gomez Cal2tain Tan ua , San Bernardino County Sheriff's Department, stated that when the Lieutenant that was assigned to Grand Terrace was sent to the National Academy in Virginia Sgt. Hector Gomez became the interim Chief of Police for Grand Terrace. She stated that Sgt. Gomez has done an outstanding job. She recognized all of the hard work that Sgt. Gomez has done and noted that he has taken a sincere interest in the City of Grand Terrace. She stated that Lt. Williams has returned from the Academy but has been reassigned to the City of Highland. She introduced Lt. Tony Allen who is now assigned to Grand Terrace. Mayor Ferrd, presented Sgt. Hector Gomez with a certificate of Recognition on behalf of the Council Minutes 07114-1009 Page 2 City of Grand Terrace. 2B. Home of Distinction Award Acting CijX Manager Steve Be , stated that the City has been awarding the Home of Distinction Award for about six years. In those six years no homes on the west side have been chosen. Tonight a home on the west side is being recognized as the Home of Distinction at 12071 Rosedale Avenue owned by Lena & Elizabeth Moreno. They will receive a certificate and a $50 gift card from Stater Bros. CONSENT CALENDAR CC-2009-79 MOTION BY COUNCILMEMBER CORTES, SECOND BY COUNCILMEMBER MILLER, CARRIED 5-0, to approve the following Consent Calendar Items: 3A. Approve Check Register Dated July 14, 2009 3B. Waive Full Reading of Ordinances on Agenda 3D. Resolution to Change Authorized Signers with California Asset Management Program (CAMP) 3E. Resolution to Change Authorized Signatures for Local Agency Investment Fund (LAIF) 3F. Resolution to Authorize Bank Account Signers with Citibank, NA 3G. Resolution to Authorize Designated Bank Account Signers with Bank of America 3H. Resolution to Authorize Designated Bank Account Signers with BBVA Bancomer 3K. FY 2009-2010 Appropriations Limitation 3L. Right -of -Way Landscaping Improvements on Grand Terrace Road, Between Barton Road and Vivienda ITEMS REMOVED FROM THE CONSENT CALENDAR 3C. Approval of 06-23-2009 Minutes CC-2009-80 MOTION BY COUNCILMEMBER CORTES, SECOND BY COUNCILMEMBER STANCKIEWITZ, CARRIED 4-0-0-1 (MAYOR PRO TEM GARCIA ABSTAINED), to approve the June 23, 2009 Minutes. 3I. Award Contract for Mount Vernon Avenue Bike lane Improvements (GTB- 09-03A - Roquet Paving CC-2009-81 MOTION BY COUNCILMEMBER MILLER, SECOND BY MAYOR PRO TEM Council Minutes 07.14:2009 Page 3 GARCIA, CARRIED 4-0-0-1 (COUNCILMEMBER STANCKIEWITZ ABSTAINED), to Award the Mount Vernon Avenue Bike Lane Improvement Contract to Roquet Paving, Inc. In the amount of $94,898.00, waive minor irregularities with Roquet Paving, Inc. Bid Package, and waive the protest from Laird Construction Co., Inc. 3J. Purchase Portions of Property (APN: 1167-121-03 & 1167-121-04) for Use as Right -of -Way (Row) for the Barton Road Bridge Overhead Project. CC-2009-82 MOTION BY COUNCILMEMBER STANCKIEWITZ, SECOND BY MAYOR PRO TEM GARCIA, CARRIED 5-0, to approve the purchase of portions of property (APN:1167-121-03 & 1167-121-04) for use as right-of-way (Row) for the Barton Road Bridge Overhead Project. PUBLIC COMMENT Jeremy Rivera, 22288 Van Buren, stated that he commutes approximately twelve miles every day to Rubidoux and travels the 215 South. He passes by the railroad bridges that are covered in graffiti on his commute that go over our City everyday twice a day. He thought that there had been discussion on getting the bridges painted. He indicated that he will volunteer his time to help paint them if the City can get cooperation from Caltrans. He believes that an agreement has been reached allowing us to paint the bridge. Beverly Powell, Southern California Edison, 287 Tennessee Street, Redlands, stated that after being the representative for Grand Terrace for ten years she has new cities now in her territory and will no longer be representing the City of Grand Terrace. She stated that she has thoroughly enjoyed working with the staff of Grand Terrace and the City Council. She introduced Linda LaPierre Ortiz who will be the new representative for the City of Grand Terrace. Linda LaPierre Ortiz, Southern California Edison gave a brief overview of her history with Southern California Edison and indicated that she is looking forward to working with the City of Grand Terrace. Betty Trimble, 22816 De Berry Street, stated that she was in the audience at the last Council meeting when Councilman Stanckiewitz brought up the fact that a Resolution adopting the Personnel Rules and Regulations had been amended in 1991 and that Rule V had been changed from the 1988 resolution and that the City should not have been paying the employee part of health insurance as of 1991. She was working for the City at that time and one of her responsibilities was to update and type the Personnel Rules. She asked the City Clerk's Office for the Resolutions so that she could look over Rule V. When she received them she knew immediately what had happened. Rules need to be updated from time to time Council Minutes 07.E 14;'2009 Page 4 to incorporate changes and this was to be amended to include child care employees. She went into the computer and deleted the section to re -word and unfortunately deleted the first two lines which explains that the City pays health insurance for eligible City Employees. She added new wording and the portion that refers to the City Paid Health Insurance did not go back in and was also not caught in the 2000 Resolution. Another line left out was in reference to the complete plan being available to employees should they want further information. Health Care for employees is paid for by the City and the City also pays for some Councilmember's health insurance. The fringe benefit plan was in place when she came to work for the City in 1984. The plan allows employees to buy additional insurances out of that plan for their families and in some cases the funds for the individual is used up. Most cities have similar plans, some cities pay for their employee and the entire family. She too has worked in private sector. Her health insurance was always paid for along with a retirement plan. At one place of employment they also paid for her husbands insurance. This is a regrettable mistake. She apologizes to the employees. She feels that his has caused them great concern. She also wants to note that the present Council was not in place at that time. She is glad that she heard this the other night so that she could explain what transpired, however, this is a very humbling experience. She was always proud of her work for the City. As a citizen of the City of Grand Terrace, she is glad that paid insurance and the benefit package that is provided to the employees so that they can take care of their families. Also this plans offsets the fact that Grand Terrace is historical lower paid than most cities. She is also happy to now be on the receiving end of what the employees do for the City. They are a valuable asset and they should be valued. City Attorney John Harper, stated that he prepared a detailed analysis and an opinion on this subject. Shad Boal, 12632 Mirado Avenue, reported that after the cancellation of Grand Terrace Days, there was a push to do a Grand Terrace Community Day and it will be held on September 12, 2009. He thanked the City who responded to his request to do something about the cancellation of Grand Terrace Days. It was amazing to see the support from the members of the community who came together quickly that were willing to help. There was one major road which was the umbrella of insurance and the non-profit organization. The Foundation of Grand Terrace is the non-profit organization and the City will provide the umbrella of insurance. He read a list of individuals that are responsible for the Kid Zone for the upcoming event and thanked them for all their efforts. Julie Beebe, 22646 Lark Street, indicated that she wanted to address the issue regarding the City scandal. She stated that what Steve Berry did seven years ago was wrong and it should not have happened but it did. His actions and poor judgement were inappropriate for someone in his position and has brought shame to the community. Tom Schwab also used poor judgement while trying to help him out regarding the situation by covering up the story. He has stated this and has taken responsibility for his action. The situation now is that he is Council Minutes 07114r2009 Page 5 being looked upon for the highest paid in the City. Now that the event of seven years ago is out in the open it does have an affect on the Community. Because he does not live in Grand Terrace he does not know, understand, or seem to care how his lack of ethics and bad judgement has affected Grand Terrace as a community. What happened seven years ago is relevant because it shows who he is as a person and how he acts as City Manager. The sentinel, the Press Enterprise and The Sun have all covered the story within the last few weeks. After the two maj or newspapers covered the story the Grand Terrace City Newspaper reported the same story as they have the right and obligation to do. For Steve Bent' to act unprofessional and childish as he is right now is completely inappropriate. This story was printed in the community paper using the same facts used by the Press Enterprise and The Sun. The Grand Terrace City News was doing their job in reporting this and for Mr. Berry to go after the Miller's like he is inappropriate and unprofessional. They are doing their job and a good service to the community. Just because Grand Terrace City News is reporting the facts in which he looks bad he does not have the right to bully them. Instead of doing the right thing he chooses to lash out at others in the community and try to bring them down. What he should have done is to man up to what happened and take responsibility for his poor judgement and deal with it. She feels that he does not deserve to work for the City of Grand Terrace. She urged the Council to think hard about all that has transpired in the past several weeks and how it has affected the community and trust in City Government. She asked that they take the appropriate action and rid Grand Terrace of this unethical individual. JoAnn Johnson,12723 Mt. Vernon Avenue, read a letter that she wrote to the Grand Terrace City News that did not go in: I can only describe my feelings over the recent events in our grand little City as overwhelming sadness. There have been some very unfortunate situations recently including the senior center complex controversy, the high school situation, and most recent events making the headlines. These situations have almost completely eclipsed the numerous accomplishments. Grand Terrace has done so much to be proud of recently. Often times the very best of intentions are so drastically skewed by circumstances. I don't believe any of us have been immune to having our good intentions go awry on occasion and we would certainly hope others withhold snap judgement. A perfect example of some very good intentions is our recently opened senior center. There is absolutely no question that the center is indeed the very nicest most beautifully appointed senior center in this area. We have a facility that is far beyond our wildest expectations. We also have three major problems that I am sure no one anticipated. If they can be corrected it won't be easy. Human beings are indeed fallible. The very best of intentions can be altered drastically by circumstances. We should all try very hard to see both or all sides of any situation. I am very very sad about all the recent difficulties this too shall pass, we shall overcome, hang in there, 100 other old advisories can only begin to dull our current pain. Denis Kidd, 22874 Pico Street, stated that his wife and daughter helped him with the voting of the home of distinction award. From the point of view of the Friends of Blue Mountain, Steve Berry is doing a good job as City Manager. He contacted the biggest land owner Council Minutes 0T 14-2009 Page 6 through her attorney and found out that she is willing to sell. He has contacted a consultant for the Riverside Land Conservancy about how we can get funding to buy land. The Annual Blue Mountain Hike has been a tremendous success. Last year 350 hikers came out and this year there were 500. All of this turmoil at City Hall is not good for the Friends of Blue Mountain goal of a Blue Mountain Park. They were doing really well with Gary Koontz moving forward to get a park on Blue Mountain then all of a sudden he was gone. Then they had to start over with Steve Berry. They feel that he has been doing a good job and if he is replaced they will have to start all over again and that won't be good. Jeremy Rivera, 22288 Van Buren, stated that he has been looking through the paper to see what is going on. He feels that he is a fair person that tries to stay very objective in all situations. He thinks of himself of an average Joe that lives in the City of Grand Terrace. He went over the list of events that has taken place over the last year: Tom gets sick, Steve takes over, Tom is asked to retire, the Assistant City Manager position is eliminated, Steve takes over as Acting City Manager. He feels that Steve is a great guy and he would like to see him around the City but he would really like to see Tom come back too. Tom was a mentor and the question that comes to his mind is loyalty. He feels that Tom was very loyal to the citizens and to Steve as his mentor. He is unsure if the papers are correct of if Steve is correct because he hasn't sat down and talked to him. He would hope that Steve is loyal to Tom and that he wasn't a driving force for the removal of Tom. The City Council is the one that made the decision and as a resident he can make a decision when their seat is up or to run against them. If you are going to vote someone out that has been here 25 years it is bothersome and now we are going to eliminate the Assistant City Manager position. Is the Council really thinking about what they are doing. Virginia Harford, 11825 Arliss Way, stated that Steve didn't do anything wrong. It was not a crime. He is not a bad person, he is a good man, he has done a lot of things for Grand Terrace and she proposed a funeral for Steve Berry's reputation. Let's start all over again give him a chance, make him officially City Manager and put him on probation for a couple of years. There isn't one person that hasn't made a mistake in their past. Doug Wilson - I live at 12168 Observation Drive in Grand Terrace. Honorable Mayor and Council, I greatly appreciate your presence here and your service. Your dedication is unquestionable and you've accomplished great good over time. Last night many gathered together to wish Tom Schwab well and it was wonderful to pay honor to his service. Tonight you have a serious task in Closed Session. I urge you to stand up for yourselves and end this tragedy. You deserve better, everyone of you has suffered from misdeeds from one person and we are a laughing stock of San Bernardino County and I wonder if television is next. What kind of an alleged opportunist moonlights, falsifies documents, takes another mans job and methodically pursues salary increases on one hand while balancing a budget on terminations and reduced services on the other. Grand Terrace businesses operate in fear of retribution. City employees are subject to a similar burden of fear. Why and for how long? Council Minutes 07 14 `2009 Page 7 There is no feud at foot ignore that smoke screen. Violation of the public trust is more serious than that. Some Councilmembers have endured lousy treatment for asking tough questions. I apologize for that. Some have had a recent change of heart, good for you. Where innocent faith have been misplaced before, lets hope the attraction of sound management ethics wins over the temporary sparkle of recreational activities. Mayor Ferrd, you have way too much class, experience and intelligence to put up with this. You are the presiding officer of the City of Grand Terrace, you direct Council business, maintain order, enforce rules, execute documents and you can remove dissidence from the council chambers, please do so. Tonight in Closed Session, please take care of Grand Terrace, enough is enough. Let your strength be your legacy, staff can manage until someone who respects this City is interviewed and hired. A few months ago Council and Planning Commission received ethics training from the City Attorney, we were told to avoid conflicts of interest and be honest in our dealings. Failure carried a severe penalty. We were told to withdraw from decision making if there was any question of integrity. No payment from other entities while employed by the City. No activities incompatible with our City position. Common sense, like regular hours, getting along with others, credit for our own deeds, no lying, no stealing, and no bullying were things we learned in kindergarten so we didn't need extra training. You are on your honor, I am on my honor, we are all on our honor. The International City Council Management Association provides rules for managers to live by. Don't take my word for it but the list is what you think it is. It is a check list for right behavior, ethics, attitude, attributes, skills, traits, knowledge and abilities by a City Manager Interim, Acting or otherwise. Please stop this tonight and let your strength be your legacy as leaders. Charles Hornsby, 22656 Brentwood Street, stated that roughly six weeks ago and in the period since then, he has noticed four visits by the Sheriff's helicopter in his neighborhood circling above the Highlands Apartments. He requested some sort of report as to whether this is the trend or has been going on for a while. He would like the City to think about their stance that they have taken that government subsidized housing isn't a bad influence. It's common knowledge that over 100 units of that complex are section 8. There should be some discussion. If this is a one time spurt then let us know but it seems to be a trend. He read an interesting article that was in the paper referencing the City of Rialto: City Council May Seek Federal Funds. The City Council tonight will consider applying for as much as 10.5 million in Federal Funds to demolish run down foreclosed homes, rehabilitate homes, and provide down payment assistance for low income families. It makes you wonder if municipalities are completely out of touch. This economic down turn that we are in is the worst that all of us have seen and the chief cause was that government and banks decided that everyone should be able to afford a home. Irene & Betsy Michaelis. 11806 Eton Drive, stated that the newspapers in this Country do not have to take guidance from anyone of what they can write. She questioned how long it will take Steve Berry to start doing his job. They reported problems with their neighbors that Council Minutes OT 14i2009 Page 8 have trash stacked up to the sky and has a roof falling down on the child's playground. Mr. Berry was brilliant he quickly came out and was very professional but something happen and there was turn around and it appears that there is a double standard in Mr. Berry's mind that there are some people in Grand Terrace who are exempt from the law. How long is Mr. Berry going to protect and not respond to their letters. All of their letters and requests have been completely ignored. They are not safe in their own back yard. There is an electrical hazard present, feces flowing down the streets. Please void his contract and put somebody in that can take charge. She requested a written response from the Council. Jeffrey McConnell, Walnut Avenue, stated that he has been in the City a little bit longer than Mr. Berry and has been watching him since he started. He has always commented to himself that he is very proactive and has done a lot of things and he has heard many times from the Council all of the good things that he has done for the community. He stated that when you do so much you end up stepping on toes, whether intentionally or unintentionally. He himself has been trashed for doing things that he has done for the community. You can't please everyone all the time. In this small community the overlap is intense. There is conflict of interest that abounds, most of it is unintentional. It is hard to find people that are doers to support the non-profit organizations. The Lion's Club is the strongest and largest Lion's Club in the Inland Empire which comes from people that are doers. There are people in the Lion's Club that step on peoples toes and they have their own problems, it happens. He was was born and raised in small towns. The good part about small towns is everyone knows you and the bad part about small towns is everyone knows you. You can't get away from it. He doesn't want to see a big roccus. He wants to look at the good things that Seth Armstead did, the good things that Tom Schwab did. One of the things that he heard at Tom's retirement party was that Tom always looked for the good in people. He kept Steve around for a reason and must have seen some good in him. He encouraged the Council to think about that. Acting City Manager Steve Bent', responded that staff has had some challenges with the removal of the graffiti. The City made a decision to tone down their graffiti requests due to a concern with Union Pacific stopping the construction of the bridge over Barton Road. All of the lanes on the 1215 would need to be closed down in order to strip off all of the paint. Another challenge is the design of the bridge. If the bridge was cleaned the graffiti will be back because of the cat walk access. He is willing to speak with Rich Shields to see if there is something that can be done. He stated that he has a very thick file on all of Ms. Michaelis complaints. He stated that her neighbors also have rights and due process. He stated that he would be glad to meet with Ms. Michaelis to discuss the process along with the code enforcement officer. He made the following statement: everyone knows this past year has been a very trying year for everyone in the City. Last summer our long time City Manager, Tom Schwab, suffered a serious brain trauma and just a few months later the Country entered probably the worst economic slow down since the great depression. As Tom Schwab worked to recover from his injuries the City, City Staff with him as the Acting City Manager worked Council Minutes 07:14 2009 Page 9 to maintain vital City services and laid the ground work for a balanced 2009/2010 budget. We were very fortunate to have Tom's help in this task in the second half of the fiscal year. Through a great deal of work and sacrifice we have managed to make it through this trying time and are moving forward with great anticipation for better times ahead. As you know in the past year there has been some highlights in the City. He wanted to remind the Council of these highlights and the Community. Just in the past year we have celebrated our 30`' Anniversary festivities, have opened the Senior Center and the Blue Mountain Villas after many years of delays, broke ground on the Barton Square Center, settled an unfortunate law suit but also enacted guidelines to ensure that this does not happen again. We moved forward with the new Stater Bros. Town Center and EIR and worked with the community and local officials to ensure that the new high school in the area is rightfully named Grand Terrace High School. A compromise on the fireworks issue is in sight. We are currently working to build two temporary fields for our little leagues but most importantly, and I stress this in a time of fiscal crisis that surrounds us, we were able to approve a balanced budget for this fiscal and working toward the next fiscal year that maintains services to our residents including, as we saw yesterday, vital Sheriff's coverage. I have devoted the last 8 years of my life to the City of Grand Terrace and I look forward to working with the City Staff and the City Council to move this City forward and I want to thank you Mayor and the City Council for the opportunity to speak tonight. REPORTS 5A. Committee Reports 1. Community Emergency Response Team (C.E.R.T.) a. Minutes of May 5, 2009 CC-2009-83 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER CORTES, CARRIED 5-0, to accept the May 5, 2009 Minutes of the Community Emergency Response Team (C.E.R.T.). 2. Historical & Cultural Activities Committee a. Minutes of June 2, 2009 CC-2009-84 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER MILLER, CARRIED 5-0, to accept the June 2, 2009 Minutes of the Historical & Cultural Activities Committee. 3. Emergency Operations Committee a. Minutes of June 2, 2009 CC-2009-85 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY Council Minutes O 14-2009 Page 10 COUNCILMEMBER CORTES, CARRIED 5-0, to accept the June 2, 2009 Minutes of the Emergency Operations Committee 5B. Council Reports Mayor Ferrd, reported that Colby Foytik a resident of Grand Terrace is an accomplished actor and is staring in Fiddler on the Roof and congratulated him. She requested an update on the recruitment for the City Manager. City Attorney John Harper, responded that the advertisement is running in the League of California Cities Western Cities Magazine. To date 9 applications have been received. The closing date is August 17, 2009. Mayor Pro Tem Garcia, reported that Supervisor Neil Derry is bringing to the County Board of Supervisors on July 21, 2009 a request to fund $8,000 for the City of Grand Terrace C.E.R.T. Program trailer. This will be used to buy emergency supplies for the trailer. She thanked Supervisor Derry for his efforts. She reported that this Friday and Saturday, the Grand Terrace Community Players will be debuting their Showcase Spectacular at the Grand Terrace Middle School. She thanked Jo Verhelle, Brenda Mesa and Tracey Martinez for their outstanding job in putting together Tom Schwab's retirement. It brought back memories of the volunteer picnics that have been done and the special times that we have had. She was happy to hear Tom say that after a couple of weeks of retirement he is enjoying it. On July 18 from 10 - 2 there will be an open house at the Blue Mountain Villas and the Senior Center. She stated that the homicide in town is very disturbing to our community and looks forward to hearing a report from the Lieutenant. Councilmember Cortes, heard that Tom's retirement party was fantastic and that there were many people there. She wanted to make sure that everyone knows that she could not attend because her son had surgery. She asked the City Attorney if it was Mr. Schwab's decision to retire for clarity. City Attorney HgWer, responded in the affirmative. Councilmember Cortes, questioned if Crime Stats were available on the website. City Clerk Brenda Mesa, responded in the negative. Councilmember Cartes, questioned if it is possible to have the stats available. Lt. Allen, responded that he would look into it. Councilmember Cortes, stated that a month ago she reported that Grand Terrace was one of Council Minutes OT 1411-009 Page 11 25 cities that have been selected to receive a grant. She requested that Community and Economic Development Director give an update on the grant that the City applied for. Communty and Economic Development Director Powers, responded that the grant was for a compass blue print demonstration project that staff applied for through SCAG for $125,000.00 to update the Barton Road Specific Plan to incorporate more regional transportation issues and emissions. Grand Terrace was selected and the letter that was received by staff provided a calendar on when staff can expect a consultant to be selected and when the project can get started. She stated that it is a lot sooner than they had anticipated. They will be selecting the consultant in September and making a selection in October and they believe will be able to begin the project in November. Councilmember Miller, stated the following: first of all I want to thank everybody who came out tonight and gave whatever views they may have on different situations that have occurred in the last month or so. One of the things, hopefully that can indulge the Council with, I have been reviewing the Brown Act, which is basically a California Government Code and I would like to read the first paragraph because I think it falls onto what you all are thinking or what is of a concern to you. It's under Section 54950 - In enacting this chapter the legislature finds and declares that the public commissions, boards and councils and the other public agencies in this State exist to aid in the conduct of the peoples business. It is the intent of the law that their actions be taken openly and that their deliberations be conducted openly. The people of this State do not yield their sovereignty to the agencies which serve them. The people and delegating authority do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments that they have created. I think that basically covers what the Council's job is for and I just wanted to read that tonight and again thank you for your support. Councilmember Stanckiewitz, thanked Betty Trimble for manning up and bringing some clarification. PUBLIC HEARINGS 6A. 2009-2010 Annual Review of Landscape and Lighting District 89-1 City Attorney Harper, stated that this is a public hearing that was set several weeks ago to consider the levy of assessments related to the 2009/2010 Annual Levy for the Landscape and Lighting District 89-1. The assessment is the same as it has been since the formation in 1989. Mayor Ferre opened the Public Hearing for discussion there being none she returned discussion to the Council. Council Minutes 07+14i2009 Page 12 CC-2009-86 MOTION BY COUNCILMEMBER CORTES, SECOND BY MAYOR PRO TEM GARCIA, CARRIED 5-0, to adopt a Resolution Confirming a Diagram and Assessment and Providing for Annual Assessment Levy for a Landscaping and Street Lighting District. UNFINISHED BUSINESS - None NEW BUSINESS 8A. Consider GT $5 Blue Mountain Bucks for Small Retail/Service Businesses in Grand Terrace CC-2009-87 MOTION BY COUNCILMEMBER STANCKIEWITZ, SECOND BY MAYOR PRO TEM GARCIA, CARRIED 5-0, to approve the GT $5 Bucks for small businesses and services that have gross sales under $500,000 annually and allocate $2,500 from the un-designated General Fund Balance to fund the program. 8B. Review 2009 Community Events Report and Committee Recommendations CC-2009-88 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER STANCKIEWITZ, CARRIED 5-0, to approve Special Events Committee's recommendations as followings: - Cancel the Concerts in the Park and allocate $4,000 from Special Events Project account for the Grand Terrace Community Day Stage/activities - Incorporate the Health & Safety Fair with the Community Day event. - City will act as lead agency and host for event - Event Coordination by City of Grand Terrace Staff - City will obtain Insurance for Festival/Fair Activities - City Staff will coordinate all activities prior to and during the event. Overtime cost to the City is expected to be approximately 50 hours The remaining events for 2009 will be Movie in the Park (August 21, 2009), GT Community Day (September 12, 2009) and the Halloween Haunt (October 30, 2009) 8C. Annual Statement of Investment Policy CC-2009-89 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER CORTES, CARRIED 5-0, to approve the City of Grand Terrace Annual Statement of Investment Policy with the amendment to section 7.0 which would add a requirement that all selected broker dealers be approved by the Agency Board or the City Council. Council Minutes 07.14/7-009 Page 13 8D. Community Sign Board Use Program CC-2009-90 MOTION BY COUNCILMEMBER STANCKIEWITZ, SECOND BY MAYOR PRO TEM GARCIA, CARRIED 5-0, to approve the Information Sign Board Use Program. 8E. Accept Resignation of Planning Commissioner Phelps, Set the Deadline for Applications and Schedule a Meeting Date to Conduct Interviews and Possible Appointment CC-2009-91 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER CORTES, CARRIED 5-0, to accept the resignation of Planning Commissioner Brian Phelps effective immediately, authorize the City Clerk to post the vacancy and accept applications, set a deadline to receive Planning Commission Applications for August 17, 2009 and Schedule the meeting date to conduct interviews on August 25, 2009 to select an individual to fill the current vacancy. CLOSED SESSION 0 9A. Evaluation of Acting City Manager and Potential Disciplinary Action (Government Code Section 54957 (b)(1) Candy Bozner, 22533 Barton Road, stated that she is speaking tonight as someone that was born and raise in Grand Terrace and whose family has owned Grand Terrace Real Estate in excess of 55 years. She didn't get involved in this until she saw the City News Newspaper in which she feels they publicly slammed the Acting City Manager without going through the proper channels. She has had the opportunity to work with both Tom Schwab and Steve Berry over the years as a Civil Engineer and in Real Estate. Both of them have been very professional and very top notch. She has contacted Steve Berry many times but most recently eight months ago concerning the development on DeBerry Street. Mr. Berry immediately got back to her and offered assistance. Over the years he has come to her office to get donations for things, he participates in the many events in the City and has done great for the community and she feels like these unfortunate things have happened under the watch of Tom Schwab. He was the City Manager. There has to be some responsibility that comes there. If he didn't think it was such a great matter at that time then why after all of this time is this being brought up. She feels that this matter should have been addressed by the Council and not been brought out and splattered across the newspapers and feels that it should not have been done by one of the Councilmembers. There are two things that have bothered her, the Redevelopment Agency buys homes for the City of Grand Terrace and does a great jab of rehabilitating them and selling them to homeowners but Tom Schwab was able to buy one of those rehabilitated homes and Mr. Miller was able to buy the property where the City News Newspaper is ran out of. Council Minutes 07:: 14.:2009 Page 14 CC-2009-92 MOTION BY COUNCILMEMBER STANCKIEWITZ, SECOND BY COUNCILMEMBER MILLER, CARRIED 4-0-0-1 (COUNCILMEMBER CORTES ABSTAINED), that Steve Berry remain as the Acting City Manager until the City Concludes their City Manager recruitment process. We believe that it is in the best interest of the City to limit the recruitment to outside candidates only to give a fresh perspective to the organization. Mayor Ferre adjourned the meeting at 11:26 p.m., until the next City Council Meeting which is scheduled to be held on Tuesday, July 28, 2009 at 6:00 p.m. !MAYi0jfthe City of Grand Terrace CITY CLERK of the City of Grand Terrace [I] �l