Hilkey did acknowledge though, that there have been questionable decisions on the part of certain city council members in the past. He cited the "Dobson house purchase," saying that, "the city paid 1.2 million dollars for a house that we didn't need, never should have bought, and will never use." Hilkey maintains his belief that the manner in which this transaction occurred was a violation of the Brown Act, which is also known as the "California Open Government Law." He did not elaborate on his statement that he was "threatened with a law suit over his opposition to this purchase."
Let's Review: recently Herman Hilkey requested that the Payments Made to Gene Carlstrom related to the Dodson House Transaction should be listed in the Vouchers and Payments made and they are not represented or disclosed. He requested this Nov 9th Council Meeting. He had not made any statements about a lawsuit prior to that in spite of his objections to the Deal, and the manner of its negotiation, and the full disclosure of the details in accordance with the Brown Act.
So it may be the Lack of Proper Notice or how it was listed on the Agenda, it may be over his objection to the participation of Council Members who either worked or were working for Gene Carlstrom in the past or present in the Negotiation, it may be over his request that the payments being made to Gene Carlstrom be Disclosed and listed on the Voucher.
Former Council Member Hilkey's request for the payment disclosure, must lead to the next question. What other payments are being made to who on a non disclosed vouchers or account?
Perhaps some one will obtain a Vendor Report with a showing of all payments made to Gene Carlstrom, Terra Loma Realty, or any related business doing "Realty Management" for the city.
That may answer the question as to who, what, where and why?
Council Member Hilkey's statement there is no Fraud in GT seems not to match his un answered question, or the mentioned law suit threat, regarless of which issues it is related to.
fraud n. the intentional use of deceit, a trick or some dishonest means to deprive another of his/her/its money, property or a legal right. A party who has lost something due to fraud is entitled to file a lawsuit for damages against the party acting fraudulently, and the damages may include punitive damages as a punishment or public example due to the malicious nature of the fraud. Quite often there are several persons involved in a scheme to commit fraud and each and all may be liable for the total damages. Inherent in fraud is an unjust advantage over another which injures that person or entity. It includes failing to point out a known mistake in a contract or other writing (such as a deed), or not revealing a fact which he/she has a duty to communicate, such as a survey which shows there are only 10 acres of land being purchased and not 20 as originally understood. Constructive fraud can be proved by a showing of breach of legal duty (like using the trust funds held for another in an investment in one's own business) without direct proof of fraud or fraudulent intent. Extrinsic fraud occurs when deceit is employed to keep someone from exercising a right, such as a fair trial, by hiding evidence or misleading the opposing party in a lawsuit. (See: constructive fraud, extrinsic fraud, intrinsic fraud, fraud in the inducement, fraudulent conveyance) damages)
Do We NEED TO REVIEW?
Council Minutes November 9, 2006
Herman Hilkey, thanked JoAnn Johnson for the card. He congratulated the Mayor (Who was in Hawaii and Not at the Meeting) and Bea Cortes on their victory. There was some inconsistencies in the ballot counting at both sites, however, it was relatively small. He stated that it is the fear that keeps the Mayor from responding to the residents. He stated that is why the timer and the cop was brought in. He feels that Mrs. Hornsby’s letter needs to be responded to.
He questioned if there was any plans to replace the seat that was held by Councilmember Ferré. It is his position and he encouraged that the Council be independent on picking who they feel has acceptance by the community.
He stated that the I 215 is the stepchild and neither organization wants to build the strip between San Bernardino and Riverside. They would rather build a road between Riverside and Moreno Valley. Both Counties have tremendous pressure to build someplace else and not to connect the two counties. Whoever you appoint or continue to appoint to SANBAG needs to be ferocious and fight for Grand Terrace and Colton. Every time he opens the paper or gets a mailer from SANBAG they are starting new projects other places and it is disheartening when he sees them widening freeways every place else. They say the I 215 gets pushed back because it is too expensive. It was the lead project when Measure I was initiated, it was the lead project when Measure I was renewed and it is getting pushed back because of the political positioning of both counties. The San Bag Representative has to
be on top of that.
In regards to High School #3, he feels that it is disheartening to have an election and have posters of High School #3 in the lobby. They don’t have the money, the money is gone, we are totally dependant on the State to come in an build a High School. The Bond that was passed is gone. They have some money left but they fixed all the other schools. The intent of the Bond was to build a High School first. They were going to build the High School with cash and apply for a 50/50 rebate from the State and it was violated. We are now dependant on the State of California. They are talking about High School #4 now and he feels that High School # 4 will be built in Bloomington before High School # 3 is built in Grand Terrace. He mentioned this to the Mayor while they were both on the Committee and she stated that the staff says it is on schedule.
He stated that City Manager Schwab agreed to bring Corporation For Better Housing in to explain the project. He feels that there is a level of distrust that would be well served if we had someone that wasn’t part of the contractor who is doing the project, a third party if possible. There has to be a level of trust. He stated that there will be a meeting in Grand Terrace with regards to the peeker plant, which will last past 3:00 p.m. and feels that it is reassuring.He stated that Council approved a commission (and sic) for Gene Carlstrom to rent the Dodson Property. As far as he can see that check has never shown up on the check register and wanted to find out what is going on with that.
