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09/14/2010CITY OF GRAND TERRACE CITY COUNCIL MINUTES REGULAR MEETING - SEPTEMBER 14, 2010 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 September 14, 2010 at 6:00 p.m. PRESENT: Maryetta Ferre, Mayor Lee Ann Garcia, Mayor Pro Tern Bea Cortes, Councilmember Walt Stanckiewitz, Councilmember Betsy M. Adams, City Manager Brenda Mesa, City Cleric Bernard Simon, Finance Director Joyce Powers, Community & Economic Development Director Richard Shields, Building & Safety Director John Harper, City Attorney Sgt. Carlos Espinoza, San Bernardino County Sheriffs Department Rick McClintock, San Bernardino County Fire Department ABSENT: None The City Council meeting was opened with Invocation by Mayor Pro Tern Lee Ann Garcia, followed by the Pledge of Allegiance led by Councilwoman Bea Cortes. ITEMS TO DELETE City Manager, Betsy Adams indicated that item 8B. Fee Waiver Request for Use of Rollins Park Picnic Shelters is being deleted due to the request being withdrawn. SPECIAL PRESENTATIONS - None CONSENT CALENDAR CC-2010-77 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER CORTES, CARRIED 4-0, to approve the following Consent Calendar Items with the removal of item 3A., 3C., and 3E., 3B. Waive Full Reading of Ordinances on Agenda 3D. Resolution Authorizing an Agreement to Provide Project Administration and Management for the City's Energy Efficient and Conservation Block Grant with Lynn Merrill, Consulting to Municipal Governments Council Minutes 09?14i2010 Page 2 3F. Reappointment of Committee Members ITEMS REMOVED FROM CONSENT CALENDAR 3A. Check Register Dated 09-14-2010 Bernardo Sandoval, 22950 De Berry, indicated that there is a check in the amount of 1.7 million dollars and questioned what it was in regards to. CC-2010-74 MOTION BY COUNCILMEMBER STANCKIEWITZ, SECOND BY MAYOR PRO TEM GARCIA, CARRIED 4-0, to approve Check Register Dated September 14, 2010. 3C. Approval of 08-24-2010 and 09-01-2010 Minutes CC-2010-75 MOTION BY COUNCILMEMBER CORTES, SECOND BY COUNCILMEMBER STANCKIEWITZ, CARRIED 3-0-0-1 (MAYOR PRO TEM GARCIA ABSTAINED), to approve the August 24, 2010 Minutes. CC-2010-76 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER CORTES, CARRIED 3-0-0-1 (COUNCILMEMBER STANCKIEWITZ ABSTAINED), to approve the September 1, 2010 Minutes. 3E. Budget Transfers for Local Stimulus Projects CC-201-77 MOTION BY COUNCILMEMBER STANCKIEWITZ, SECOND BY MAYOR PRO TEM GARCIA, CARRIED 4-0, to approve a budget transfer of $31,076.87 in the Street Capital Projects Account Fund (46) of the Local Stimulus Projects and allow Staff to place a 15% contingency on each Local Stimulus Capital Project account and move funds as needed in the project accounts with the approval of the City Manager. PUBLIC COMMENT Doug_ Wilson, 12168 Observation Drive, stated that within the last month we have had graphic illustrations on why it was so important for our community to keep its eye on the economic ball at all times. Right on the heels of the Town Center approval by Mayor Ferre, Mayor Pro Tern Garcia and Councilwoman Cortes came Tapout's announcement that it had been purchased by an out of town entity. Within a few days the industrial space that Tapout had occupied was virtually emptied. Truck after truck under the cover of darkness vacated what was once a multi million dollar business and a claim to fame. Things happen. He is not saying that we shouldn't have a house of order but sensible commerce has to be our main Council Minutes 09.14,2010 Page 3 priority because it drives everything else that can be accomplished. In our pursuit of perfect government let us not forget that we are human. Recently pin the blame seems to be more popular than pin the tail on the donkey. Intelligent commerce and keeping our eye on the ball will allow us to invest in our youth and build on the good that is Grand Terrace. Bernardo Sandoval, 22950 DeBerry Street, reported that the Grand Terrace Woman's Republican Club will be having an Ice Cream Social. He feels that it would be good to have all the different candidates come and give a little extra. It will be held on Friday, September 17, 2010 from 4:00 to 8:00 p.m. This is a fundraiser for the group. Adults are $5.00 per ticket and children are $3.00 per ticket for a family it is $15.00. Herman Hilkey, 23196 Glendora Drive, stated that the Audit that was done brings concern to many people in town especially him. It seems that from this side of the stage that one person is pushing for something and an audit was done commissioned by the City and it never appeared on the agenda. The audit was received in closed session and it never appeared on the agenda. Action was taken and employees were directed to make out checks, checks were mailed, paper was mailed, letters were mailed but it never appeared on the agenda. He feels that it looks really bad and it looks like a serious Brown Act violation when something happens our normal auditor is not involved and he doesn't understand why it can be decided on what happens without checking history on why things were done the way they were done. He indicated that he would like to hear from the existing auditor that the City has had for years. He stated that he has known Mayor Ferrd, Mayor Pro Tem Garcia and Councilwoman Cartes for a long time and he knows that they have worked hard on their reputation as a fair and honest judge and character. He expressed his concern that they are being bullied on items like this. He feels that these types of items need to be on the agenda and in the open. He feels that we have not become transparent and over the last few months everything seems to be behind closed doors, for a good reason. He stated that he doesn't want one person to ruin their political reputation. He doesn't feel that it is right for one man to bully the council. Debra Hurst, 22950 Orangewood Court, questioned how the health insurance is handled for the Council Members. She indicated that there is always a different amount on the check registers. COUNCIL REPORTS Mayor Pro Tem. Garcia, stated that she enjoys the democratic process even though it can be challenging. She will say that she hopes that it can be as positive as possible. She stated that there are many wonderful people in town and she hopes that they take the time to get to know everyone and that they do their civic duty. She has a tremendous amount of respect for the people of Grand Terrace. When she first got elected, she believes that there was a 75% voter turn -out. She reported that the Halloween Haunt will be held on Sunday, October Council Minutes 0911412010 Page 4 31, 2010. The costume categories will be 4U, 5-8, 9-12, and 13 and over. She reported that the Grand Terrace Woman's Club is looking for members, they have monthly meetings and will be hosting a membership tea on September 22, 2010. She stated that the Woman's Club does a tremendous amount of things for the community. She reported that the Friends of the Library sent out 175 letters requesting donations. The information will be available on the website. She gave kuddos to the Grand Terrace Chamber of Commerce who is now reaching out to the home based business community. Councilmember Cortes, announced that the Blue Mountain Senior Villas is running a special right now. Rent has been reduced $100.00 per month. Flyers are available at City Hall. She told a story about one of the Deputies and an incident that took place in town. She feels that the Deputy was an extraordinary individual and expressed her appreciation to Sgt. Espinoza and Sheriff Hoops. She agreed with former Councilmember Hilkey that the report was not an audit and that it needs to be disclosed to the tax payers, however, it is a Closed Session Item and he should be aware that a closed session item has to be approved by the City Attorney and the Council. It is not up to her to make a decision on the dias. She has had many people ask her questions regarding the report and she supports his thoughts. Councilmember Walt Stanckiewitz, referred to an article that was in last weeks issue of the San Bernardino County Sentinel about a program for those who served in the Middle East Wars. It's a Retroactive Stop Loss Pay Program (RSLSP) under the 2009 War Supplemental Appropriations Act which provides $500 for each month/partial month served in stop loss status. He requested that the information be available on the City's Website. He reported that there is a new food facility, Mongolian BBQ which replaced the Chinese Restaurant. It's open and he encouraged everyone to try it out. He knows that Mr. Hilkey feels a necessity to throw hand granades at him because this is political season and he has to protect his interest in a candidate that is running for Council. He appreciates his comments that he feels that he has so much power on the Council and feels that it is time that he gives Mr. Hilkey a Civics Lesson. He is only one vote, he doesn't have any more power on this Council than the other three Councilmembers. He is one vote and that is it. He is not the driving force. Mayor Ferre, reported that on September 11, 2010 the Grand Terrace Lion's Club and Boy Scout Troop met at Rollins Park, burned the old flag and erected a new one. She felt that it was a very touching ceremony. The City was in need of a new flag and the Lions Club purchased the flag. There were several people in attendance and she feels that this is a wonderful community and that it is an honor to live in Grand Terrace and it is an honor to be on this Council and it was an honor to go to Rollins Park and see this wonderful event. She thanked the Lion's Club and the Boy Scouts. They will be recognized in October. PUBLIC HEARINGS - None 0 Council Minutes 09,14.:2010 Page 5 UNFINISHED BUSINESS 7A. Second Reading of an Ordinance of the City Council of the City of Grand Terrace, California, Amending Chapter 2.04.020 of the Grand Terrace Municipal Code Pertaining to Stipends for City Council Members CC-2010-78 MOTION BY COUNCILMEMBER CORTES, SECOND BY COUNCILMEMBER STANCKIEWITZ, CARRIED 4-0, to approve the Second Reading of an Ordinance of the City Council of the City of Grand Terrace, California, Amending Chapter 2.04.020 of the Grand Terrace Municipal Code Pertaining to Stipends for City Council Members NEW BUSINESS 8A. Interfund Loan from Facilities Fund to Traffic Safety Fund to Pay Delinquent Redflex Balance Due CC-2010-79 MOTION BY MAYOR PRO TEM GARCIA, SECOND BY COUNCILMEMBER STANCKIEWITZ, CARRIED 4-0, to approve the Resolution Authorizing an Interfund Loan from Facilities Fund to Traffic Safety Fund to Pay Delinquent Redflex Balance Due and direct Staff to look into the termination of the contract. CLOSED SESSION 9A. Conference with Legal Counsel - Potential Litigation - CG 54956.9 (b)(2) and GC54956.9 (c) Mayor Ferrd announced that the Council met in Closed Session with Legal Counsel regarding Potential Litigation, CG 54956.9 (b)(2) and GC54956.9 (c) and there was no reportable action taken. 9B. Conference with Legal Counsel - Existing Litigation GC54956.9 (a) Chambers Group Mayor Ferrel announced that the Council met in Closed Session with Legal Counsel regarding Existing Litigation with the Chambers Group and there was no reportable action taken 9C. Conference with Legal Counsel - Potential Litigation - GC54956.9 (b)(2) and GC54956.9 (c) - Potential Release of Attorney Work Product (Report by Diehl, Evans & Co.) Council Minutes 0911412010 Page 6 Bemardo Sandoval, 22950 De Berry Street, feels that it is imperative that the citizens of Grand Terrace are able to make up their own mind in terms of what exactly happened. Whether there was a violation of law, whether it was mismanagement, whether it was the City Attorney, as many people are saying, whether it was the former City Manager, or whether it was the first City Manager. Where did this decision process come from in terms of making the stipends and defining what they are. Also how was the decision made in terms of issuing W2's. He would be horrified if he were a member of the Planning Commission to work a thankless job for what they get to be able to make these decisions that were made without input from them is just something that he personally is curious about and many people in the community are curious too. He believes that it is imperative so that people don't come to their own conclusion and there aren't crazy rumors and so people don't make up their own truths. If the report is made public then people will be able to come to their own conclusions and they will know whether Walt was Iying or Tom was lying or Herman Hilkey was lying or whether there was just a big misunderstanding. He feels that it is critical that the report be made public. It seemed to him that the Attorney sitting in for Mr. Harper wanted to make it public. He feels that it would be very helpful for the whole community. Mayor Ferre announced that the Council met in Closed Session to discuss Potential Litigation - GC54956.9 (b)(2) and GC54956.9 (c) - Potential Release of Attorney Work Product (Report by Diehl, Evans & Co.) and the following reportable action was taken: after consulting with the City Attorney the City Council unanimously agreed to release the tax opinion prepared by Diehl, Evans & Co. The document is 80 pages long and the City Clerk will provide a copy of it at no cost to the individuals directly affected by the tax opinion. A copy will also be available for public viewing at the City Clerk's Office after 10:00 a.m. on Wednesday, September 15, 2010. Mayor Ferre adjourned the meeting at 8:55 p.m., until the next City Council Meeting which is scheduled to be held on Tuesday, September 28, 2010 at 6:00 p.m. Cl 'Y CLERK of the City of Grand Terrace MAYOI�f the City of Grand Terrace