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12/21/2010CITY OF GRAND TERRACE CITY COUNCIL MINUTES SPECIAL MEETING - DECEMBER 21, 2010 A special 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 December 21, 2010 at 6:00 p.m. PRESENT: Walt Stanckiewitz, Mayor Lee Ann Garcia, Mayor Pro Tern Darcy McNaboe, Councilmember Bernardo Sandoval, Councilmember Betsy M. Adams, City Manager Brenda Mesa, City Clerk Bernard Simon, Finance Director Joyce Powers, Community & Economic Development Director Richard Shields, Building & Safety Director John Harper, City Attorney ABSENT: Sgt. Carlos Espinoza, San Bernardino County Sheriffs Department Rick McClintock, San Bernardino County Fire Department The City Council meeting was opened with Invocation by Mayor Pro Tern Lee Ann Garcia, followed by the Pledge of Allegiance led by Councilwoman Darcy McNaboe. Public Comment Barney Barnett, 474 Prospect, Highgrove, feels that it is very important for the entire region on both sides of the County line in Highgrove and Grand Terrace to get someone on SANBAG and SCAG Boards that will be aggressive, firm and pursue the metrolink station stop in Highgrove. Patricia Farley 12513 Michigan, she requested that the Council consider to not have any financial support of the Blue Mountain Paper. She feels that it has a history of being bias. The misuse of the paper has caused people to think that it represents the City and she feels that it is being managed by people that have undermined things that the City needs. Cynthia Bidney, 12219 Pascal, thanked Mayor Pro Tern for her efforts in trying to mitigate the South wall. She requested that the Council place the mitigation of the South wall for open discussion and mitigation at the next meeting. 2. Consider Options to Fill Vacant City Council Seat Council Minutes 12/21 /2010 Page 2 Patricia Farlev,12513 Michigan Street, feels that there is no justification whatsoever for any one other than Sylvia Robles to be appointed to the Council. She feels that holding a special election is a waste of money and there is no reason why the Council should not make an appointment to fill the vacant seat. Bobbie Forbes, 11850 Burns Avenue, feels that she has the right to pick the Mayor, the right to pick Council Members and she feels that she should have to the right to pick who fills the vacancy. Debra Hurst, 22950 Orangewood Court, feels that the Council should fill the vacant seat by appointment and that they should appoint Sylvia Robles. Roger Kowalski, 22645 Arliss Drive, newly elected School Board Member for the Colton Joint Unified School District. He congratulated the newly elected Councilmembers and Mayor and thanked them for attending the Special Meeting that was held by the Board. He thanked Mayor Pro Tem Garcia for all her years of service. He suggested appointing someone to fill the vacant seat on Council. Robert Krause, 22710 Eton Drive, would like the Council to appoint someone to fill the vacant seat on the Council. 0 Jeff McConnell Walnut Avenue, stated that he went to the Registrar of Voters Office and spoke to a staff member. There is an election on August 30, 2011 but it is not a general election and it is not one that the City can piggy back on, however we can do a Mail Ballot Election on that day which would cost approximately $30,000.00. He stated that May 1, 2011 is also available for that type of Mail Ballot Election. He feels that if the Council doesn't want to spend the money for a special election then maybe they should just leave the seat vacant. Terry McGuire, 22525 Franklin Street, feels that the vacant seat should not be filled by appointment. He feels that there are other people that are qualified to fill this vacancy and should have an opportunity to do so. Tom Roberts, 22111 Newport Avenue #148, he feels that the Council should fill the vacant seat by appointment and not spend the money on a special election. He feels that the Council should share with the community those who they may consider for appointment. Jim Stamm, 12227 Pascal Avenue, feels that the vacant seat should be filled by appointment. Anne Wade Hornsby. 22656 Brentwood Street, supports filling the vacancy by Council Minutes 12l21;'2010 Page 3 appointment. Charles Hornsby, 22656 Brentwood Street, supports filling the vacancy by appointment. Herman Hilkev, 23196 Glendora Drive, feels that if the Council is able to agree on an appointment that would be the smart thing to do, however if you can't then it needs to go to a vote of the people. Betty Guzman, 23225 Glendora Drive, feels that the Council should fill the vacancy by appointment and that the Council should appoint Sylvia Robles. Mayor Pro Tem Garcia, stated that she appreciates all of the comments that have been made this evening and respects the views of everyone. She stated that she will work with whoever fills the vacant seat and will work with her colleagues. Councilmember Sandoval, stated that the Council needs to make a decision. He does not feel comfortable spending $30,000.00 with the current budget that we have. He feels that there are far better ways to spend that amount of money that would benefit everyone. Councilmember McNaboe, stated that the easy thing would be to appoint someone to fill the vacancy and if cost were the only mitigating factor then we would say we would save money by not appointing. We could save stipends, health insurance reimbursement, car allowance and staff time. The cheapest option, if we are going to go by cost, is to say don't fill it at all. However, she doesn't feel that this is what the community wants. She has had a number of people contact her and say that they want to vote. She stated that for anyone who believes that her agenda is served by putting this to a vote has to realize that she doesn't have any control over who fills that seat. There is not an agenda there. She stated that she found a couple of organizations that provide grants for City's that want to become transparent in the way that they do business. She stated that there are opportunities to fund technology through grants. People aren't willing to fund elections where people have the opportunity to stand up and vote for who they want to vote for because they believe that it is a basic function of government. $30,000.00 to $50,000.00 is a lot of money, people here tonight are telling the Council to appoint but there are those that have contacted her that say they want an election. She feels that it is truly a divided community. They can't make everybody happy no matter which choice they choose. Mayor Stanckiewitz, stated that there are things coming up that need to be taken care of and don't know what the costs will be. The future is unknown. He feels that the Council really needs to consider the money when making this decision. The people Council Minutes 12/21/2010 Page 4 elected them to make these decisions. Mayor Pro Tern Garcia, feels that trust is very important. She feels that it will be almost impossible to agree with one independent person. She stated that the four of them could govern the City. Councilmember Sandoval, feels that it is the Council's responsibility and due diligence to find someone that they can compromise on. He feels that they can come together and make a decision. Councilmember McNaboe, questioned what the appointment process would be. Ci1y Clerk Brenda Mesa, responded that what has been done in the past is that Staff solicits applications from interested individuals and held public interviews are conducted in order to make a selection. Councilmember McNaboe, questioned how the voting was done. City Clerk Mesa, responded that in the past each council member would rank each individual and then based on that ranking system a nomination would be made. 0 City Attorney John Harper, stated that the Council can do the process the way that they want to. He indicated that ultimately the person who will get appointed is the one that has the majority vote. Mayor Pro Tern Garcia, stated that the City of Grand Terrace is very unique and has a very engaged community. There is a likely hood that those who want the Council to make an appointment won't be happy with the appointment process. She too would rather not spend the money on an election and have the Council make an appointment. She is ok not making an appointment and having the four council members govern the City. Mayor Stanckiewitz, feels that it is important to have five members on the Council. Mayor Pro Tern Garcia, building relationships takes time and she wants the community to begin healing and she feels that whether they make an appointment or have an election there are going to be unhappy people. She stated that all of the Council Members want what is best for the entire community. She feels if there is a winner half of the community will be unhappy. She stated that if the Council does not want to spend the money on the election then they should govern the City with the four council members and show the community that the Council can come to a consensus. Council Minutes 12/21/2010 Page 5 Councilmember McNaboe, questioned if the Council feels that if there was an appointment process that three of the four of them could decide on an individual. Mayor Pro Tem. Garcia, responded in the negative. Councilmember McNaboe, questioned if there was harm in trying. CounciImember Sandoval, questioned if they chose to appoint and they dead lock on the appointment are there any legal ramifications. City Attorney Harper, stated that they would just be where they are now and that it would be too late to call an election. Councilmember McNaboe, clarified that if the Council moves forward with the appointment process and they don't choose someone it will be too late to call a special election. City Attorney Hamer, responded in the affirmative. Councilmember Sandoval, feels that the Council needs to make a decision. You can't make everyone happy. As long as people know that their convictions are to do what is right they will understand. City Manager Adams, stated that there are two options to do a mail ballot vote. One would be May and one would be in August. City Clerk Mesa, stated that the Council has to decide what they want to do within 30 days by law and that date is January 13, 2011. If they decide to do a mail ballot in May the deadline is January 9, 2011. Mayor Pro Tern Garcia, stated that she is proceeding with extreme caution. Mayor Stanckiewitz, stated that they have been elected to make decisions and there will always be people that don't like their decisions but feels they have a job to do. The people elected the Council to make decisions and making no decision is telling the community that the Council is not capable of making a decision. Councilmember Sandoval, stated that the Council makes the best decisions that they can with the information at hand and stick by them. He will not be able to make everyone happy. Mayor Pro Tern Garcia, asked the Council if their decision will be impacted by Council Minutes I2/21/2010 Page 6 public opinion. Councimember Sandoval, stated that they need to make a decision based on who they feel is the right person for the job. CC-2010-101 MOTION BY COUNCILMEMBER SANDOVAL, SECOND BY MAYOR STANCKIEWITZ, CARRIED 3-1-0-0 (MAYOR PRO TEM GARCIA VOTED NO), to fill the Council Vacancy by Appointment. 3. Appointments to Various Regional Government Organizations It was the consensus of the Council to appoint the following individuals to represent the City of Grand Terrace as follows: Organization Representative Alternate Scheduled Meetings Stipend Omnitrans (Board of Lee Ann Garcia Darcy McNaboe I" Wednesday of each Yes Directors) month at 8:00 a.m. Southern California Lee Ann Garcia Darcy McNaboe May of each year No Association of Governments General AssumbIy (SCAG) San Bernardino Valley Water Darcy McNaboe Betsy M. Adams Typically 3' or 4' No District Advisory Thursday at 7:00 p.m. Commission on Water League of California Cities Walt Stanckiewitz Lee Ann Garcia l" Thursday of every No Inland Empire Division other month 6:30 p.m. San Bernardino Associated Walt Stanckiewitz Lee Ann Garcia l" Wednesday of each Yes Governments Board of month at 9:00 a.m. Directors (SANBAG) and 2id Thursday of every month at 9:00 a.m. for Major Projects Committee San Bernardino County Solid Darcy McNaboe Betsy M. Adams Semi-annual No Waste Task Force (ApriI/October) Wednesday or Thursday I:30 p.m. California Joint Powers Walt Stanckiewitz Betsy M. Adams July of each year No Insurance Authority (Board of Directors) San Bernardino County Gang Bernardo Sandoval Darcy McNaboe 1" Wednesday of each No & Drug Task Force month 7:30 a.m. _]i Council Minutes 12/2 V2010 Page 7 Mayor Stanckiewitz adjourned the meeting at 7:58 p.m., until the next regular City Council Meeting which is scheduled to be held on Tuesday, January 11, 2011 at 6:00 p.m. CITY CLERK of the City of Grand Terrace MAYOR of the City of Grand Terrace