CRA LAND TRANSFERS WITHOUT PUBLIC HEARINGS

Back-Room Deal, on Council Member Ferre's Watch. She was "ACTING MAYOR".

City Redevelopment Land

22237 Barton Road Grand Terrace Ca

Why was the deed signed by Council Member Acting Mayor Maryetta Ferre for the City Redevelopment Agency transferred to Jacobsen Family Holding after the Designated Developer Agreement had expired for Town Square? The Designated Developer Agreement which was entered into without competitive bid, or public consultation, an approved Redevelopment Plan, and required study prior to the selection process for development contracts.

How much did the city sell this land for to Jacobsen?

How does the city know they will get any project or plan B? The Redevelopment Agency is not managing this development nor the assets in accordance to redevelopment Code (Law) and the failure to do so will no doubt be food for an additional law suit and legal action against the city and developer.

Is everything still happening in secret? This Question was asked at Council Meeting and Not Answered: Except that City Manager Tom Schwab said, a Plan will be submitted to Council Soon, and now Soon has lappsed with 6 passing City Council Meetings, with no Plan B being presented.

Voters want to know.

Citizens Want Public Hearings as are Required by Law

Were the Firework Stands actually on City Property Prior to the Deed Transfer?

In spite of the No Fireworks on City Property Decision of the City Council?

What business in their right mind would locate in GT where Eminent Domain can take their Commercial Property on a whim, when they can invest near by and have FULL ownership. Well, it must be that the Redevelopment Agency has made the deal sweet enough to overcome this negative feature of land ownership in Grand Terrace. How is that fair to the land owners, and business owners who purchased their property and businesses the old fashioned way, on the good old Competitive, Free enterprise Market?

GT in the NEWS... Again...

Attorney impacts several cities
Files lawsuits on environmental grounds
Stephen Wall, Staff Writer
Article Launched:10/22/2006 12:00:00 AM PDT

* Environmental lawyer Raymond Johnson is a thorn in the side of city officials throughout the region.
* In the nine years he's been an attorney, the Temecula-based Johnson said he has filed about 200 lawsuits, nearly all of them related to potential violations of state environmental laws.
* Of the four largest projects under consideration in Grand Terrace, he has sued on three of them.
*He also is challenging Loma Linda's recently approved General Plan as well as Fontana's approval of a new Home Depot.
* Other municipalities he has sued include Apple Valley, Victorville, Beaumont, Hemet, Palm Springs, Temecula, Murrieta and Riverside.
*Wal-Mart is a favorite target, along with housing developments, retail projects and even a senior center.
*Critics say Johnson uses technicalities and loopholes in the California Environmental Quality Act, or CEQA, to prevail in court.
*"Everybody needs to make a living," said Loma Linda Mayor Robert Christman. "But they're making it at the expense of the taxpayers on frivolous lawsuits. When you bring CEQA into the picture, if you cut one blade of grass, somebody can allege you harmed the environment and can file a lawsuit that can cost hundreds of thousands of dollars."
*Johnson, 59, scoffs at the notion that the lawsuits are without merit.
*"They always call it a frivolous lawsuit right before they lose it, which is an indication that it was not a frivolous lawsuit," Johnson said. "I win the overwhelming majority."
*Johnson estimates that he takes home about $100,000 a year after expenses. His three-attorney firm, Johnson and Sedlack, costs about $25,000 a month to run, Johnson said.
*He said his fee to take a case ranges from $500 to $70,000, with most cases costing between $5,000 and $10,000.
*"If we win, we're able to collect our attorneys' fees from the other side," Johnson said. "Typically, what our client paid will be refunded to them. If we lose, their only cost is whatever the agreement provides."
*Some city officials say Johnson prefers to settle cases before trial and that he rarely succeeds in stopping projects from being built.
*"The cost of settling is clearly cheaper than running it through the legal process," said Grand Terrace City Manager Tom Schwab. "If you're a developer, you factor it into the cost of doing business."
*Johnson said about one-third of his suits are settled out of court.
*"When you're talking a settlement on a CEQA suit, you're not talking about clients getting money," Johnson said. "They're getting modifications to the project to make the project a better project."
*Johnson acknowledges that most projects he opposes in court still get built.
*"A lot of times, it's not about stopping a project, but about getting traffic, noise or health problems fixed," Johnson said. "That's the bottom line. It's trying to avoid the environmental problems that the project creates."
*Johnson sued Grand Terrace over plans for a 120-unit senior apartment complex, an outdoor-themed retail center and construction of an electrical-wholesale business.
*Johnson prevailed in the first two cases, while the third case is in the process of being settled.
*"Grand Terrace is an easy target," Johnson said. "They need to actually try to comply with the law instead of trying to figure out how they're going to avoid it."
*Schwab said the city makes every effort to obey the law, but it's nearly impossible to get any project approved without some kind of environmental objection being raised.
*"The burden of proof falls very much on the public agency or the developer," Schwab said. "It's pretty easy to get a judge to say that there could be a need for additional environmental review."
*San Bernardino Superior Court Judge John P. Wade earlier this year ruled that Grand Terrace must perform a detailed environmental study before moving forward with the senior project. The study will cost $42,000 and delay the project about eight months, Schwab said.
*Wade earlier this year also invalidated the environmental report for the outdoor center plan because he said it didn't properly address all potential impacts.
*Johnson offered to settle that lawsuit for $30,000, but the City Council decided to fight the case on principle, Schwab said.
*"The council felt it wasn't right to settle when there really weren't any valid issues in our opinion," Schwab said.
*City officials said the lawsuit dealt with a project that has changed significantly since the original outdoor adventure center plan was developed more than two years ago.
*The previous concept that called for an 8-acre lake with boat dealers was scaled down to a traditional freeway-oriented retail center with a 1.5-acre lake.
*The city is moving ahead with the outdoor retail project without changing the zoning for the area. Officials said they need to obtain additional funding to improve traffic circulation before building the project.
*In Fontana, Johnson filed a lawsuit in late September against a proposed Home Depot south of Interstate 10.
*Mayor Mark Nuaimi calls the suit a delaying tactic.
*"I often believe that the environmental lawsuits that are brought forward are meritless," Nuaimi said. "I trust our process was done correctly. Unfortunately, we will have to expend resources to prove that."
*In Loma Linda, the slow-growth group Save Loma Linda hired Johnson to challenge the City Council's approval in July of its new General Plan, claiming the document didn't address traffic, air quality and other potential environmental problems.
*"We hired an expert to ensure that the citizens of Loma Linda are well-represented," said Ovidiu Popescu, a member of the group. "CEQA regulations are vital for the welfare of the citizens, and we feel they must be followed."
*Johnson said he is concerned about environmental protection and economic justice.
*"When a Wal-Mart goes in and cons a city into not doing traffic mitigation, that means the rest of the citizens have to pony up and pay the cost of the improvements that Wal-Mart didn't pay for," Johnson said. "That means the average Joe working two jobs ends up subsidizing Wal-Mart or subsidizing the developers."
*Schwab agrees that environmental laws have a purpose.
*"But they certainly can be misused," Schwab said. "There are areas of environmental law that are not crystal clear. But I don't think any of these people are destroying wetlands or harming endangered animals to build a Home Depot."

NOTE TO READERS: Tom Schwab : Earns $150,000.00 and takes his pay home to a House the City Provided him in a Vehicle Paid for with Redevelopment Agency Funds. HE advised approval of all the plans brought to court in spite of Citizens raising concerns in the Planning Hearings and at City Council Meetings they were approved and were not held up under the challenge of trial. So who is responsible for wasting the Citizens Money, and Developer’s Time? Let us look has the origin of the problem not the mid way point. Tom Schwab as City Manager is under the Direct Oversight of the City Council Members. This demonstrates one of the reason there is a need for a Change on the City Council in Grand Terrace. Failure to stay out of the Courts is a costly failure, and expresses an anti citizen attitude to the public concerns as they are brought forward.

Putting blame on Johnson, or the Citizens he represents is like being a smoker and being mad at the doctor who finds a cancer, after a spouse nagged you to go to the Doctor. Question is when the Sun writes with this slant who are they trying to support? The Developers, and Real Estate Dealers who are being forced to comply with the law, like Citizen John Doe would be required to? Interesting Public Trust the Sun has shown.

From the Email InBox:

Gramps, if the wings fit.....



gad·fly NOUN:

1: A persistent irritating critic; a nuisance.
2: One that acts as a provocative stimulus; a goad.
3: Any of various flies, especially of the family Tabanidae, that bite or annoy livestock and other animals.

I'm sure Mr. Carlstrom and Friends, must have had the first or second definition in mind. There are worse things to be called. Or, perhaps he was suggesting the City Council are Animals?

Lost Dogs?

http://www.fidofinder.com/dog.php?id=48041

Listed a Great Dane found in GT... If your missing your pet here is a place to look... If you found a pet,,, here is a place to post it...

This Blog will also post lost and found, and jobs offered for GT... A self sustaining community is well networked and the Blog is a network that brings people together.

Candidate Ferre and Candidate Cortes Oppose ED Reform

Candidate for Mayor Ferre and Candidate for City Council Cortes both want to maintain the right to use Eminent Domain in Grand Terrace for the Purpose of Forcing the Sale of Property from one Business (Non Residencial Zoned Property), to another based on the whim of the City Redevelopment Agency or the City Council.

What does this mean to you.

If you are a home owner in Grand Terrace, your property can be rezoned to Commercial and then subject to their "approved use of Eminent Domain" .

If you are a business owner in Grand Terrace, your property can be taken by Eminent Domain if some other Development or Business Proposition comes and convinces the City Council and City Redevelopment Agency there is something in it for them that they Force a Deal.

Be you a business owner or home owner this is not the Full Protection of Private Property which Citizens of Grand Terrace, Citizens of San Bernardino, Citizens of California, Citizens of the United States of America should expect of its Governing Bodies.

Prop 90 is a State Level Effort to Correct some of the Problems with Eminent Domain Use and Abuse. It is not a perfect solution, but it will provide a bit of restriction of the use of Eminent Domain, not by making it impossible, but perhaps by making it not a financial advantage for the "Buyer" to take land this way from the "Owner".

Best Best and Kruger Law Firm is actively against the Reforms of Prop 90, and the protection of your rights. This is the law firm that employees Council Member Ferre's Son. Some one from this law firm visits the Blog on a weekly basis.

League of California Cities is Actively Against the Reforms of Prop 90, and both Council Member Ferre and Council Member Cortes are active Members and Supporters of the League of California Cities positions.

Don't be fooled that just because Jo Stringfield has not had Eminent Domain used to obtain her property for the benefit of Jacobsen Family Holdings, that the treat and potential has been removed and that she or you enjoy full protection and use of your Property Rights in Grand Terrace.

If this is not enough reason to be concerned on their position about your property rights consider:

If the County of San Bernardino adopts Eminent Domain Reform, and other surrounding counties and cities do the same, what will be the result in Grand Terrace? IF you own Property in Grand Terrace it will be devalued in comparison to equal property in a place where Property Ownership is Guaranteed, by Protections against Eminent Domain for Private Gain.

Now back to the Local Issue:

Council Member and Mayor Candidate Ferre has indicated Your Property Rights are to be considered on a Case by Case basis, and that there is no change in the Eminent Domain Ordinance in Grand Terrace.

Council Member and Council Candidate Cortes has indicated that Your Property Rights are also to be considered on a Case by Case basis, and that there is no change in the Eminent Domain Ordinance in Grand Terrace.

Neither of the above Council Members have taken any effort to Protect Property Rights in Grand Terrace in a broad reform of the GT City Ordinance on Eminent Domain Use. They won't even insist it be put on the City Council Agenda for Discussion and Review as requested by Council Member Jim Miller.

WHY?

Council Member Bea Cortes is a Real Estate Sales Person and her financial backing in the past elections have all been related to Development of one form or another. Dealing by her employer Terra Loma Real Estate and the City and pending Development suggest a question of conflict of Interest.

Council Member/Acting Mayor Ferre, a retired educator apparently does what she has been told to do. She accepts the practice of allowing developers to "contribute" to city's Grand Terrace Days, and other activities while they have decisions pending before the City Council and or Planning Commission. She allows the perpetuation of myth, smoke and mirrors of there being a true hearing of evidence, and a taking of council the advise and concerns of the Citizens of Grand Terrace. She has refused to Protect Your Collective Property Rights.

When they suggest don't worry about your house, it is safe as it is not zoned for Commercial Use. Ask yourself, how fast can the City Council change a zone classification on your property. Ask if it is fair for a business land owner to be forced to have less property rights. I say to you no, on this issue alone. These women do not Protect your Property Rights and should not be on the City Council.

Recall News.. Final Number > or < 1506?

Recall Petition Signature Drive that ended Oct 16, 2006 and it has been determined that there are not more than 1506 signatures that would pass Inspection of Qualifying Eyes of the City Clerk and no Doubt the Hyper Scrutiny of Others insisting every i has a dot.

Therefore the Petitions for the Recall of Council Member Ferre and the Recall of Council Member Garcia have not been submitted to the City Clerk. Many citizens who provided their signatures requested that the petitions not be turned unless there were an overwhelming number that could face the inspection and qualification process, as they feared retribution from the city or council members in one means or another. Usually there is an effort to provide 20% more than is required. So we can conclude the Recall Effort did not gather 1800 signatures to give that buffer.

In the political process it is not unusual to have a Signature Campaign be it for a Measure, Recall or Referendum, from the grass roots, to take more than one effort or drive. Council Member Ferre and Council Member Garcia still face the potential of being recalled up until they have only 6 months remaining in their term of office. OF course Council Member Ferre may avoid this by running and winning the seat of Mayor, so she would have a 6 month window where she could not be Recalled in that position.

What has been accomplished by the Recall. It has educated the citizens on the current status of the City of Grand Terrace's Finances, and Governmental practices. It has brought added awareness to the importance of the Council's Action or Inaction on the lives of the Citizens.

A new Intent to Recall could be filed Oct, 17, 2006. The major reasons for the Recall Effort still exist the next action to be taken and what actions are going to be taken are yet to be seen.

CITIZENS CAN STILL PARTICIPATE IN THEIR GOVERNMENT

&

REGISTER TO VOTE BY OCTOBER 23, 2006

YOU WILL BE ABLE TO VOTE NOV 7, 2006

*

ATTEND GREET AND MEET THE CANDIDATE MEETINGS

BECOME INFORMED AND VOTE

&

THANK YOU ALL FOR YOUR ACTIVISM AND COURAGE

REMEMBER: Neighborhood Watch TONIGHT

WHEN: October 16th, 2006
WHERE: City Hall Community Room
TIME: 6:00 PM
For more information contact

Sheriff's Specialist Amber Emon at (909) 430-2224.

update: Woman's Club Rummage Sale and Hamburger Barbeque will be in Spring....

42 Minutes CC Meeting Oct 12, 2006

Grand Terrace Area Chamber of Commerce Community & Business LuncheonTuesday, October 17that 11:45 a.m. - 1:00 p.m.

Community Room @ City Hall

22795 Barton RoadGrand Terrace

Meet The Candidates for the 2006 ElectionPublic Welcome$8 with Reservation,$12 without Reservation 783-3581

Please R.S.V.P By Monday, Oct 16th

Lets hope that there is a evening event for those voters who can't attend a lunch time meeting. It would be terrific if it was on CH 3, or CH 10, or on YouTUBE

October 12, 2006 Grand Terrace City Council Meeting 42 Minutes

The City Council Meeting Light went on almost as one would predict: The meeting demonstrated why there is a need for change on the council, and how the management of the City hall needs to be held in account.

The Presentations to the folks working at the Child Care should be recognized in action not with a paper and plaque. These folks should be paid at least half of the equivalent of the City Manager’s Salary that would be 75,000.00 per year each. That may be high, but they would not be getting a house and a car, so it is a fair goal to pay these folks for the quality work they do day in and day out. Thank You Ladies, wish we could pay you better.

Facility and Staff for our teenagers should have equal attention to that which the youngest and oldest are provided in our community.

The Council went on down the agenda to the Public Comment Section and here is where the comments and the response was worthy of attention.

Cindi Bidney’s Request for the City Council or Staff to Identify a Place and time for an Evening Meet the Candidates Meeting went un answered.

Rather than provide input on where, and when a Public Facility may be made available and who to contact, Assistant City Manager and President of the Chamber of Commerce, Steve Berry decided to be offended by the mention of the Mid Day Pay to attend Chamber Council Meet the Candidate Meeting posted below. At no time did Cindi suggest that the City was holding the Chamber’s Candidate Meeting, nor did she suggest that the meeting should not be held. The point was IF this is an appropriate use for the City Hall, can it be done by others After work HOURS, in City Hall. AGAIN the Question was not ANSWERED. Let’s hope it was answered off camera.

Assistant City Manager Steve Berry’s response to Mrs. Hornsby’s Question and Comments was nonsensical . Yes, the project has been HALTED. Halted does not mean that it has been TERMINATED. The Court Order has Reversed ALL Approvals until an Approve EIR has been presented and approve.

The question is Why then are Payments still being Made to Corporation for Better Housing?

The question is Why did City Manager Tom Schwab represent that 1 Million had been spent when it is closer to 3.2 Million.

The question is Why has not the expenses been presented in an accounting so that the Council and Public knows what that 3.2 Million has paid for. This was asked and re-asked now by the public and by Council Member Miller. This concern was confirmed by Council Member Hilkey.

The question is what are the contractual obligations of the City to Pay the CFBH under the Court Ordered Reversal of Approvals Pending an EIR.

Where is the EIR. Should we the city pay another dime until the EIR is submitted and approved and the court has removed its Stop Work Order?

OR should we just empty out our piggy bank and give CFBH all the money and they then shrug their shoulders and say, “well that was a nice thought”, to bad it didn’t work out. GT will have to pay the Long Term Debt used to provide that 9 Million Dollars to CFBH?

Not quite clearly stated at the podium was the question: Why are the comments and questions of Council Member Miller, and the reply by City Manager Tom Schwab accurately recorded in the Minutes which the council approved?


The Trucking issue was raised by Patricia Farley Steve Berry said I looked on Saturday and didn’t see a problem. This once again will require the citizens to make a log of when the violations occur, and be put in the position of having to record the coming and going of the truck on the property. Perhaps City Manager, Assistant City Manager, Mayor, Mayor Pro Tem, and Council Members should be on Speed Dial for reporting these violations as they are noted. Clearly what citizens bring forth to the podium on this matter was discounted or even disregarded by the Assistant City Manager. No Council Member addressed the issue in their comments. None directed staff to investigate, or report, or put it on the agenda on a specific time line.

Citizen Farley reviewed the long list of unanswered issues:

Where and when will the issue of Eminent Domain be put on the Agenda as requested by both Citizen Concern and Council Member Miller?
Where is the real recognition of the financial status of the city and why does the Council Members Ferre, as Mayor, and Council Member Cortes ad Mayor Pro Tem continue to mislead the public saying there is a surplus when there is a net debt?
Where are the financial documents requested by Bill Hays, ( the real and total accounting for car transactions, land and property transfers).
Where are the reports requested by Council Member Miller: Cost of Fire on Blue Mt., Grand Terrace Days Accounting not just the budget but Actual Income and Expense.
When are these things going to get on the agenda?
Not mentioned the Fireworks Question is still pending.

Side Mention of the Budget Matters for the Historical Preservation Committee in relation to the required additional insurance for the upcoming Country Fair offered insight that the information is not being exchanged. Council Member Miller was concerned that the HPC was being asked to absorb a large expense for insurance and queried if that would be a budget problem. Here is a budget that he has asked for detail reports on as this committee over sees the Grand Terrace Days Event and the “Contributions” made by Developers with Projects Pending, and Service Providers including the likes of Waste Management, AES and Press Enterprise all “Contribute” to their budget. Council Member Millers Request for Budget and Expense or Accounting Audit of this Committee has apparently gone un answered in sufficient detail, if at all.

New information: Grand Terrace Country Days will be having Moreno Valley Lions to Sell Hot Dogs. The Grand Terrace Woman’s Club will be having their Rummage Sale and Hamburger Barbeque on a Separate Date. None of the Council Promoted the Women’s Club Event or the Lion’s Pan Cake Breakfast which precedes the Nov Country Fair… and of course there is the Halloween Haunt.

As Sympathetic as we all are when any family member is ill it should not have been the reason for a short City Council Meeting. The Government of GT is not Dependent on Council Member Ferre’s sitting in the Mayor’s Chair. She could have absented herself from the Meeting at any time. We do have a Mayor Pro Tem as advertised and Council Member Bea Cortes could have conducted the meeting as there would have been a quorum. No this was a Political Choice on the part of Council Member Ferre.

Perhaps Council Member Ferre felt it would not look good if she missed a meeting so close to an election regardless of the reason. However, I do know for a fact the meeting is not dependent on her being there. I do know the agenda was more ceremony and little substance on the agenda. You are free to read into the reason she was there and not with her mother. Some times, it is just not necessary or productive to be bed side, and the meeting did not conflict with family duty. Marryetta has cared for her mother for many years and one would hope that if there was a need to be at the hospital that would have come first. Governmentally speaking no one council member is indispensable to the function of the council, to suggest so is inappropriate.

Council Member Hilkey’s remarks are refreshing. It has been the goal of this blog to inform and educate. This blog has provided detailed information on the LOWES and what it would bring to this community. This blog does research the issues it presents and acts as a repository of the information gathered. This blog doing this has annoyed the City Management to the extent that Members of the Staff are forbidden to communicate with the blog. Yet, there is ample evidence that the blog is still read by City Staff and Council Members.

Council Member Hilkey, you are right you have been set up in the past. The question you need to ask now is by whom and for who’s benefit, short and long term. If you can tie up the loose ends by December we’d all appreciate it. Perhaps the Professionals should have to swear in prior to making a Presentation to the Council.

Council Member Hilkey: this is why there is a second reading of a decision. It is or should be an opportunity for you to have as a cool off period where you can say, you know I gave it some thought and I don’t want to sign on to that decision or approval I made after a one sided presentation… And Perhaps you are guilty yourself in discounting the citizens input and giving the “Professional” the long leash rather than a short leash. Council Member Hilkey, you are correct in identifying the flaw is in the Staff that is providing you the information. You still have time and means to deal with these situations. Please be an Aggressive Council Member, and after you leave the council an Audacious Citizen.

IMPORTANT DAY TIME EVENT IF YOU CAN

Grand Terrace Area Chamber of Commerce
Community & Business Luncheon
Tuesday, October 17th
at 11:45 a.m. - 1:00 p.m.
Community Room @ City Hall
22795 Barton Road
Grand Terrace

Meet The Candidates for the 2006 Election

Public Welcome
$8 with Reservation,$12 without Reservation
783-3581 Please R.S.V.P By Monday, Oct 16th

Lets hope that there is a evening event for those voters who can't attend a lunch time meeting. It would be terrific if it was on CH 3, or CH 10, or on YouTUBE

Here is an interesting fact about the contributors to Bea Cortes campaign. CalTrop is a construction company that specializes in freeway off ramps and over passes. You know of any cities in the area that would need their services in moving an off ramp 1/10 of a mile back to direct traffic into a Outdoor themed development? Kind of like Mr. and Mrs. Jacobsen donating to Councilwoman Garcia, but that would never affect how she votes. No not all. She even admits it had no bearing on her voting for Jacobsens projects.

Recall Petitions Still Can Be Mailed IN

It is time to Clean the Chamber

From the Email Inbox:

Dear Grand Pa GT,

We need to subpoena the Grand Terrace city for answers regarding the sale of the RDA home to an unqualified applicant (Tom Swab) and items like the monies from the missing car that once belonged to City Manager Tom Swab.

The residents need to know if we have corrupt Colton type Politian’s attempting to re-run for city office.

We should not just let this slide under the carpet.

WE CONTINUE TO TRY: PLEASE BRING THIS UP AT THE PUBLIC COMMENT DURING THE COUNCIL MEETING. IT NEEDS TO BE SAID OVER AND OVER AND OVER...

From the Email InBox: GrandMa Reviews Cortes Statement

GrandMaTerrace Writes:

Gramps again here is what the added detail is between the lines of the Candidate's Statement, this time for Bea Cortes. In the PAST they failed to attend PUBLIC OPEN DEBATES so we have to project the facts of the past to their current statements. Put me in Blue Mt. Blue... thanks,

Grandma...

*****************************************************************

Brian, thank you for giving me ( BEA CORTES ) the opportunity to provide my candidate’s statement. The following are my positions on the issues that affect Grand Terrace: by Bertha Bea Cortes (with extra comments inserted by Grandma).

1. Eminent Domain - is a tool that is usually exercised for a public purpose such as a street or a traffic signal. And this is how we sell the idea of ED land takings to the public, by pretending that streets are not already under the control of the public agencies. It used to be that ED was reserved for acquiring land that will be used for a PUBLIC purpose like roads, school or fire stations. But then big box retailers found that they could partner with cities to develop for them and thereby get cheaper land and occupancy costs by getting the city to cooperate in land assembly for them. This is how we all use the developer as a front. Even though this results in the private enrichment of one citizen or retailer at the expense of Grand Terrace citizen, I think it makes the current Barton land grabs really attractive to the big box retailers we want in town, and are trying so hard to get. The Redevelopment Agency for The City of Grand Terrace currently has eminent domain power only for non-residential zoned properties. So, what the RDA did with the city was to change residentially zoned properties along Barton Road to commercial zoning and also include properties along Michigan where the x-mayor lived. Then when the Corporation for NotBetter Housing wanted to build Section 8 welfare housing near the senior center, the city needed to change the R-1 zoning near Brentwood Street to accommodate 3-story high density apartments for 120 units on 2 acres that could not be built anywhere in town. In the case of the recent attempt to acquire a/many parcels on Barton Road , neither the city or developer really wanted to pay true market value and never offered most owners a clean non-contingent purchase, with a verified closing date. The developer hoped that he could get local folks into escrows that do not close for many months or years and also made the deal contingent upon his getting Lowe’s as the tenant we wanted. We tried to help the developer from taking any risk or carrying costs of owing land and tried to have the local homeowners or the RDA do that for him. This works great because then the RDA gets to play the developer. Further, the City Council chose not to utilize eminent domain after the council voted in the first step of ED, “the Resolution of Necessity” in January because even Later in April when Ferrer made a motion, I didn’t vote for it and she could not get even one councilperson to second to her motion to proceed. Now we like to say we never tried to do ED because we couldn’t get it done; and anyway Tom Schwab says that the developer will be building a project that doesn’t include the parcels that couldn’t be acquired cheaply, quickly & privately. But of course the new plan is private between the city and the developer so the public should not actually see those site plans until we want them to and have already approved them. We know we can believe what Schwab says about the developer because he told the council that the Stater & Lowes “leases were signed” and that Schwab had “seen them” so it must be true.

2. New High School - I believe the new high school in Grand Terrace will be a positive addition to our City. Except in the immediate neighborhood around the high school, where public street parking could be a problem and football games could cause congestion and noise folks will just have to live with. Currently you can go from Kindergarten thru Junior High in the City of Grand Terrace but you leave the community in order to attend high school. I have been working diligently with the school district for some time to develop the third high school here in Grand Terrace. I believe the high school is very much needed as the current two campuses of the Colton Joint Unified School District are terribly overcrowded and a new high school is necessary. Besides, a high school cannot be built in Colton , because of state laws about the earthquake faults there. So maybe I will run for school board too, as the city council will not have as much impact on how the high school turns out, except that I can say I am a part of what happens by state law and school board planning.

3. The Town Center Project - is important to the City of Grand Terrace . Because a Lowe’s could produce $500,000. in sales tax revenue for the city to spend and Stater Bros our only grocery store is currently on a month-to-month lease because they have chosen not to renew their current lease and the uncertainty of the ability for them to stay at their current location is a serious concern. We residents would not want to drive out of town to get groceries, so the RDA should subsidize the land costs for a new developer to steal the tenants out of the current center so we can empty out the center of town and hurt local businesses. The landlord of current Town Center shopping center say they would expand or renew the Stater Bros. lease but we don’t believe them, we think they want the store vacant. The truth is if the RDA can subsidizing the land costs on Barton road, we can make the retail occupancy costs will be lower, to get the new big box stores we want. Although the project is smaller than once planned, I believe that the Barton Road corridor will be improved by building a new store for Stater Bros as well as bring in other businesses that allow people the opportunity to do their shopping in Grand Terrace. Besides, we want to push this through without any traffic study or compliance with the Barton Road Specific Plan or general plan because we want this done now, while I am on the council.

4. Recall - I believe in the process of the recall. It is a tool that is available to any individual resident to exercise. However, I believe in the case of the current attempt to recall two council members is unnecessary and not one valid argument has been made to justify it. Except for the support for ED, the three minute rules, the disrespect shown to the community who comes to speak, the council is perfect, and none of this is as important as being able to have several ladies represent the town folks who usually leave all the planning to the men. However, if the proponents can secure the necessary signatures, it will then be up to the residents of Grand Terrace to decide if these two dedicated council persons should be removed. I don’t think that the citizens of Grand Terrace have the desire to do that; however, I respect the process.

5. “Safe and Sane” Fireworks - and their sale have been an issue recently in the community; as a result, a Citizens Task Force has been organized and will give their recommendations before the City Council. Then we will do what Schwab wants, because I believe that both the Little League and Soccer are dedicated to our youth sports and that fundraising is needed for those groups. Besides, since the city makes the sports teams pay for the lights on the field at night and so to keep the prices of those activities down so that as many individuals can join and participate we only ask the parents and kids to staff the fireworks booth because the sale of fireworks nets over $10,000. for the city, and all the money they raise goes right to the city funds. We think everyone else in town should let the fireworks sale happening, because it’s easy money for the city that we don’t have to worry about. We don't care about the added cost it brings to the city or citizens. We can't use the money unless it is in the "General Fund".

6. Direction of Grand Terrace Development - Grand Terrace has been a very sedate community for most of the years that it has been incorporated. I am working to change all that by being on the council and voting for big projects. Looking at the budget of the City of Grand Terrace, it is evident that in order to maintain the services provided, street repairs, law enforcement, Fire Department, all these things require funding. We've used those funds all up and now are working with RDA debt. This lets us spend more because the RDA gets all the increase in real estate taxes in town, even though it means less money for schools, and the regular city budget is suffers and this is why we need to invite the big box stores into town with lots of sales tax revenues to build up the funds so we can hire more city staff. Later, if there is any money left we might think about roads or underground utilities as was the original RDA plan in 1979. We should not have to live within our means or prioritize all the things that the city wants to do, when we have this RDA cash cow and RDA development to use. The Sheriff’s Department alone takes over a third of the City’s general fund and each year it increases approximately eight percent. This needs to be paid for somehow and the proper way for us to do that is to increase our retail commercial base. One percent of any sales in the City of Grand Terrace comes back to the city for programs within the city. Like RDA houses for city staff. It is only through increasing this source of revenue that we will remain viable in the future as a city. Because so much of our funds go to employee salaries and benefits. Further, the law of supply and demand and private sector development does not work efficiently enough in Grand Terrace, and so the RDA & city needs to get actively involved in residential and commercial development, by choosing what comes to town and where it goes, even if zoning, the general plan or the Barton Road Specific plan need to be changed in the process just for these special projects.

7. Most Qualified Candidate – I believe I am the most qualified candidate for City Council due to my long history of community involvement, business experience and regional leadership. I am concerned about preserving and enhancing our quality of life in Grand Terrace, by adding big box stores and large shopping centers and more development in town. We need active, involved and experienced leadership to attract new big box businesses and build a new high school so we have lots of traffic in town. Smaller communities like Grand Terrace must rely on the quality of their leaders. My long history of community involvement, business experience such as advertising my council position in my business adds and regional leadership taking money from the Building Industry ASSociation will help me to build coalitions with Terra Loma Real Estate and to create a better future for our city as well as enriching me personally. Vote for me.

Keep Well Friends

Get to Know Bea Cortes and Past Supporters and Views

andand


or

Gramps: Will you post this on the GrandTerracenews Blogspot? Brian’s TerraceTruth blocks people from making a comment… thanks I AM a Being… Being in Red… He doesn’t answer email either… what is he afraid of… ghosts… anyway, here is my response or thoughts on the Bea Cortes Statements he posted.

thanks

IAM a BEING


Black is Bea Cortes and Red is IAM a BEING

Brian, thank you for giving me the opportunity to provide my candidate’s statement. The following are my positions on the issues that affect Grand Terrace:

1. Eminent Domain - is a tool that is usually exercised for a public purpose such as a street or a traffic signal. The Redevelopment Agency for The City of Grand Terrace currently has eminent domain power only for non-residential zoned properties. In the case of the recent attempt to acquire a parcel on Barton Road, the City Council chose not to utilize eminent domain and the developer will be building a project that doesn’t include the parcel that couldn’t be acquired privately. This TIME, after much PROTEST, and errors on the part of the City Manager/Redevelopment Director's Part.

Watch out for the TOOL here it comes, The City on a WHIM can Change the Zoning on YOUR PROPERTY, and then USE EMINENT DOMAIN on YOUR PROPERTY for Commercial Development. THIS HAS happened that the CITY has rezoned PROPERTY without the Consent of the Current Owners’ Limiting their ability to Sell or transfer their property as they desired. So translated. WE didn't use it on Jo Stringfield this time but we can and want to be able to in the future. SO anyone who is living in Grand Terrace where the City MAY want to use it as Commercial or other land use, Bea Cortes thinks it is just fine to say to the land owners You don't really have full power over your land, Mr. Business Owner, or even you little home owner, we can just change the zoning... and work around your idea of ownership rights to property.

2. New High School - I believe the new high school in Grand Terrace will be a positive addition to our City. Currently you can go from Kindergarten thru Junior High in the City of Grand Terrace but you leave the community in order to attend high school. I have been working diligently with the school district for some time to develop the third high school here in Grand Terrace. I believe the high school is very much needed as the current two campuses of the Colton Joint Unified School District are terribly overcrowded and a new high school is necessary.

This idea of a High School Predates her living in Grand Terrace. It actually predates the City as a City. The Issue and concerns raised about a High School is the location selected being near a Pre existing Power Plant, in an Industrial Zone, and near Active Rail Tracks and the size of the school. BUT, BEA has no comment or concerns on these issues raised by citizens.. These are real concerns. But what is happening is the city bought the land and couldn't find a buyer faster or "better than" the CJUSD. So Poof we'll sell a property to the school and retire some of the Debt we went into to buy the property, and play developer. This is not the best site, nor is a school with more than 2000 the best for a High School. This school is planned to house more students than the educational ideal. I wonder where the OLD PRE CITY PLANS had the High School Site. That would be an interesting bit of data and history.

3. The Town Center Project - is important to the City of Grand Terrace. Stater Bros our only grocery store is currently on a month-to-month lease and the uncertainty of the ability for them to stay at their current location is a serious concern. Although the project is smaller than once planned, I believe that the Barton Road corridor will be improved by building a new store for Stater Bros as well as bring in other businesses that allow people the opportunity to do their shopping in Grand Terrace.

The Current Location is More than Available for a longer term lease agreement it is Stater Brothers who prefers to own their own buildings that is the driving force behind the Town Center. It is Jack Brown saying he won't sign a long term lease even with a remodel expanding the store in the current location not the Property Owner Kicking Stater's Out at an end of a Lease. In addition, there would be a back fill into the Old Staters, perhaps a store with lower prices. We can hope. But Bea Cortes represent the situation like Staters is being kicked out of its current location rather than the fact that Jack Brown wants to own his building, and Jack is accustom to getting what Jack wants, ask him. Suggesting that it is Not all about Jack is to promote a fiction, dare I say Lie?


4. Recall - I believe in the process of the recall. It is a tool that is available to any individual resident to exercise. However, I believe in the case of the current attempt to recall two council members is unnecessary and not one valid argument has been made to justify it. However, if the proponents can secure the necessary signatures, it will then be up to the residents of Grand Terrace to decide if these two dedicated council persons should be removed. I don’t think that the citizens of Grand Terrace have the desire to do that; however, I respect the process.

When continued service of the Two Recalled Council Members runs the risk of the city being subject to increased Debts, and Council Decisions that result in Law Suits that the City Loses... A Recall is a means to Limit the Effects of Faulty Actions by eliminating those making faulty decisions in future decisions made on the publics behalf. The Recall Issues have been enumerated else ware in the blog. She voted with them on every issue and if she were not up for re-election would be facing the same RECALL EFFORT. ALL STATEMENTS IN THE RECALL RELATE TO HER RE-ELECTION EFFORT, no Doubt she doesn't understand the reasons.

5. “Safe and Sane” Fireworks - and their sale have been an issue recently in the community; as a result, a Citizens Task Force has been organized and will give their recommendations before the City Council. I believe that both the Little League and Soccer are dedicated to our youth sports and that fundraising is needed for those groups to keep the prices of those activities down so that as many individuals can join and participate.

For Bea Cortes to say this is a recent Issue leads to the shear wonderment where Bea Cortes has been for the past 4 years. This has been an issue every year Fireworks have been sold, and the issue gets bigger and bigger every year. The Council waits till the trauma of the past 4th has drifted away like so much smoke wafting over the homes and hills, then it appears on the Agenda in December. Where is that Review After the 4th to review the data on arrests and calls into the Hot line. Or the cost of the Fire on Blue Mt. Note the Alleged "Arrests" were not in the Arrest Record. If the city wants to do something constructive, they can have the GTDAYS as a Sports Fundraiser for the City and allow the city to use city staff and city contacts to solicit the funds for sports programs rather than one day of outside entertainment.

6. Direction of Grand Terrace Development - Grand Terrace has been a very sedate community for most of the years that it has been incorporated. Looking at the budget of the City of Grand Terrace, it is evident that in order to maintain the services provided, street repairs, law enforcement, Fire Department, all these things require funding. The Sheriff’s Department alone takes over a third of the City’s general fund and each year it increases approximately eight percent. This needs to be paid for somehow and the proper way for us to do that is to increase our retail commercial base. One percent of any sales in the City of Grand Terrace come back to the city for programs within the city. It is only through increasing this source of revenue that we will remain viable in the future as a city.

Increased Development and Retail Sales will not pay for the Debt the City Redevelopment Agency has to pay off. 9 Million for the Senior Villas is a debt that will not be paid back to the city it was essentially Gifted or is planned to be to the Corporation for Better Housing. The City will not be getting that money back. AFTER 60 Years the City will get the Land and an Old Building. That Building will be a Liability by that time, not an asset worth even 9Million plus the interest payments. That is only part of the CRA DEBT our limited budget is making principal and interest payments on. Bea Cortes has never communicated understanding of these facts. She reports there is a Reserve of 5 Million as if that is a fantastic big number. Well it is if there were no long term debts to wipe it out. That 5 Million is Operating Cash Flow. It does not represent a true net balance of city assets being in a positive. DEBT is the biggest cost to the city.

7. Most Qualified Candidate – I believe I am the most qualified candidate for City Council due to my long history of community involvement, business experience and regional leadership. I am concerned about preserving and enhancing our quality of life in Grand Terrace. We need active, involved and experienced leadership to attract new businesses and build a new high school. Smaller communities like Grand Terrace must rely on the quality of their leaders. My long history of community involvement, business experience and regional leadership will help me to build coalitions to create a better future for our city.

Bea Cortes has been using her City Council Membership to promote her business. These borderlines on unethical behavior. Her combined add showing her "Professional Function as a Realtor" suggests do business with Be Cortez Realtor, and Bea Cortes City Council Member will help you at City Hall. Wink Wink. To allow this to continue is disrespectful to the citizens of integrity in this city. Her regional government involvement includes membership in the League of California Cities who actively promote the use of Eminent Domain for Development and do not support the modification of California State Law to Protect your Property Rights. IF the citizens want to be part of a Regional Identity, we may as well be annexed into Loma Linda or Colton or San Bernardino. Grand Terrace became a city with the hopes to retain its rural, bedroom community identity. OH how far we have been driven by the Material Goals of the Few, at the expense of the many. Bea Cortes does not represent your best interest. She has proven this over the years on the Council. Her replacement will bring a breath of fresh air and a new perspective, and will not have in the fore front of his mind, how a decision will impact real estate sales.

Where the Water Goes....

GRAND TERRACE Water line to be installed

The Riverside Highland Water Company will be installing a new water line on Mount Vernon Avenue for the forthcoming Spring Mountain Ranch housing development.
Construction of the water line will start at Van Buren Street in Grand Terrace and end at Spring Street in Riverside County.

The work is scheduled to begin Oct. 25 and end Nov. 15.
Signs have been posted informing motorists of detours around the construction.
For more information on the project, call the city's Community Services Department at (909) 430-2201 during normal business hours.

Council Continues to IGNORE PUBLIC CONCERNS

n DON'T LET THEM TRICK YOU n

The CITY COUNCIL AND CITY MANAGER ARE CHERRY PICKING WHAT GOES ON THE AGENDA.

THEY ARE AVOIDING ISSUES WHICH MAY MAKE COUNCIL MEMBERS FERRE, COUNCIL MEMBER CORTES, AND COUNCIL MEMBER GARCIA FROM HAVING TO PUBLICLY STATE THEIR POSITION ON CHANGING THE CITY'S EMINENT DOMAIN ORDINANCE, OR EVEN COMING OUT TO SUPPORT EMINENT DOMAIN REFORM ON THE COUNTY OR STATE LEVELS. THEY DON'T WANT TO ADDRESS THE PROBLEMS OF THE CRA'(s) Plans and Pending Plans. THEY ARE JUST VAMPING OR MARKING TIME UNTIL THE ELECTION PASSES IN THE HOPES THE PUBLIC WILL BE FOOLED.

I SURE HOPE THERE WILL BE A DEBATE BEFORE THE ELECTION.

YES I AM SHOUTING.


CITY OF GRAND TERRACE
COUNCIL MEETING AGENDA
CITY COUNCIL CHAMBERS OCTOBER 12, 2006
GRAND TERRACE CIVIC CENTER 6:00 PM
22795 Barton Road

* Call to Order -
* Invocation - Calvary, The Brook Church
* Pledge of Allegiance -
* Roll Call -

AGENDA ITEMS

CONVENE COMMUNITY REDEVELOPMENT AGENCY

1. Approval of 09-28-2006 Minutes (No action was taken at last CRA)

ADJOURN COMMUNITY REDEVELOPMENT AGENCY

CONVENE CITY COUNCIL MEETING

1. Items to Delete
2. SPECIAL PRESENTATIONS
A. Proclamation - Fire Prevention Week - October 8-14, 2006
B. Commendation - 15 Year Anniversary Grand Terrace Child Care Center
3. CONSENT CALENDAR

The following Consent Calendar items are expected to be routine and noncontroversial. They will be acted upon by the Council at one time without discussion. Any Council Member, Staff Member, or Citizen may request removal of an item from the Consent Calendar for discussion.

A. Approve Check Register Dated October 12, 2006 ------ Approve
B. Waive Full Reading of Ordinances on Agenda ----- Approve
C. Approval of 09-28-2006 Minutes ------- Approve
D. State COPS Grant FY 06-07 Allocation -------- Approve


THE CITY OF GRAND TERRACE COMPLIES WITH THE AMERICANS WITH DISABILITIES ACT OF 1990. IF YOU REQUIRE SPECIAL ASSISTANCE TO PARTICIPATE IN THIS MEETING, PLEASE CALL THE CITY CLERK'S OFFICE AT (909) 824-6621 AT LEAST 48 HOURS PRIOR TO THE MEETING.

*
IF YOU DESIRE TO ADDRESS THE CITY COUNCIL DURING THE MEETING, PLEASE COMPLETE A REQUEST TO SPEAK FORM AVAILABLE AT THE ENTRANCE AND PRESENT IT TO THE CITY CLERK. SPEAKERS WILL BE CALLED UPON BY THE MAYOR AT THE APPROPRIATE TIME.


COUNCIL AGENDA

4. PUBLIC COMMENT

This is the opportunity for members of the public to comment on any items not appearing on the regular agenda. Because of restrictions contained in California Law, the City Council may not discuss or act on any item not on the agenda, but may briefly respond to statements made or ask a question for clarification. The Mayor may also request a brief response from staff to questions raised during public comment or may request a matter be agendized for a future meeting.

5. REPORTS
A. Committee Reports
1. Historical & Cultural Activities Committee
a. Minutes of September 11, 2006 Accept

2. Emergency Operations Committee
a. Minutes of September 5, 2006 Accept

B. Council Reports
6. PUBLIC HEARINGS - None
7. UNFINISHED BUSINESS - None
8. NEW BUSINESS - None
9. CLOSED SESSION - None

ADJOURN
THE NEXT CRA/CITY COUNCIL MEETING WILL BE HELD ON THURSDAY, OCTOBER 26, 2006 AT 6:00 P.M.


AGENDA ITEM REQUESTS FOR THE 10-26-2006 MEETING MUST BE SUBMITTED IN WRITING TO THE CITY CLERK'S OFFICE BY NOON 10-19-2006.

NOT ON THE AGENDA: AGAIN:

THE NEXT CRA/CITY COUNCIL MEETING
ON THURSDAY
SEPTEMBER 28, 2006 AT 6:00 P.M.

*

or OCTOBER 12, 2006 AT 6:00 P.M.

*
Add to the list: NO DETAILE ON THE PAYMENTS MADE TO THE CFBH AS REQUESTED BY COUNCIL MEMBER JIM MILLER

*
The Blue Mt. Senior Villa Deal and Section 8 Housing Be Clarified as Council Member Miller Requested of Tom Schwab to Disclose the "FULL DEAL"?
*
Eminent Domain Reform for Grand Terrace is not on the Agenda as requested by Council Member Miller and the Public During Public Comment a Month Prior.
*
Fireworks Committee Report is NOT on the Agenda
*The Audit of Funds for Grand Terrace Days is NOT Being Presented as Requested by Council Member Miller and promised by Assistant City Manager Steve Berry.
*
The Citizens are NOT INVITED to Required PUBLIC Hearings on RDA Land Transfers
*
The Citizens WILL NOT See Plan B from Jacobsen Family Holdings PRIOR TO RDA LAND is Transferred to His Ownership?
*
The Citizens NOT KNOW if Drive Thu(s) are for all Restaurants in GT, or just for Jacobsen Family Holdings Developments?
*
Citizens will NOT HAVE a real evaluation of Actual Log of Calls to the Sheriff, and Related Response time, not "Averages" or Estimates?
*
THERE WILL NOT BE a real assessment of the AES, High School, Rail Road Risk and Safety Issues that the City will have to contend with?
*Remember: IF you have a comment on an Agenda Item: You have 3 minutes for each Agenda Item, and 3 Minutes during Public Comment for a Comment related to non-agenda items.
*Be Involved, Be Informed
Review Arrest Report at:
http://grandterracenews.blogspot.com/2006/07/arrests-July-2006-august-2006.html
*
This is not the Call Log, Crime Report but Actual Arrests
*
Well here is the Commentary:
This City Council Meeting Agenda suggests an attempt to hold back any and all topics or issues that may be opportunity for certain Council Members embarrass themselves by making known their position on the topics and issues.
*
In a past meeting the City Manager detailed the Agenda Making Process said that HE had control over what is on the Agenda as he approves the Agenda to make sure the "STAFF" is prepared.
*
Council Member Miller's Requests to put items on the Agenda...
IGNORED
Citizen Request to put items on the Agenda....
IGNORED
*

This IGNORANCE is NOTED, and its Perpetuation Apparently Serves the Political Advantage of Council Member Ferre, Council Member Garcia, Council Member Cortes.

THIS is WHY YOU SHOULD SIGN THE RECALL PETITIONS AND WORK TO RECALL &amp; REPLACE & REFORM THE CITY COUNCIL IN GRAND TERRACE.

COUNCIL MEMBER MILLER'S COMMENTS NOT RECORDED

Dear Fellow Citizens and the Press

Please Read the SEPTEMBER 28, 2006 Minutes:

http://www.cityofgrandterrace.org/city_departments/CRA_Minutes.html

Go all the way down to September 28, 2006

Council Member Jim Miller's Question with regards to the Payment to Corporation for Better Housing (CFBH) and how much was for legal fees was not recorded in the Minutes of the Meeting.

Council Member Jim Miller's Request for a Complete Disclosure of the Deal with CFBH has not been Released including the Terms and Conditions for Operations, Financing Plan and associated Requirements.

It was Stated at the Meeting and not recorded in the Minutes that just over a Million Dollars of Payments have been made to CFBH.

There have apparently been payment of over 3.2 Million to CFBH not just over 1.m.

In addition, the Court Reversed ALL Approvals on this ACTION or PLAN.

Reversal of that Reversal is dependent on the completion of an EIR. WHY are Payments being made to CFBH? They can not be for work done, when work to be done was suspended by the courts reversal of all approvals..

IS this not an example of the city causing costs because the combined effort of the City Manager, and Council Failed to Listen to the Public and Council of Citizens. HOW much would have been saved if the City and CFBH had gone back to the drawing board after hearing the public comments at the Public Hearings or at the City Council Meetings. The stubbornness of the City Manager has driven the increase in the cost of this project perhaps he should pay for the legal costs and increased cost as a performance penalty.

Council Member Jim Miller has in the Past asked for and for all evidence not yet received an audit and full accounting of the Donations, and Expenses of the Grand Terrace Day Event. This is related as key "Donations" are made by developers and service providers which have requests or applications pending hearing in front of the Council, and the amount of funds spend is a significant sum. In addition to the direct expense city employees spend time on the event and this time is or should be reported as a cost item per his request.

Is this a case of when Council Member Jim Miller makes a request nobody listens, or responds?

Just asking the question... I don't have the answer.....

EMINENT DOMAIN REFORM: GT CITY COUNCIL ?

Politics: LOCAL, STATE, NATIONAL and INTERNATIONAL Plays out in Small Town Grand Terrace. PROPERTY RIGHTS and Local Recall Effort are Related Issues.

*

Eminent Domain Reform in many states, including California, Counties and Cities move forward. In Grand Terrace, only Council Member Miller has asked for the topic to be put on the Agenda. This Council was presented with a Resolution which IF they had put it on the Agenda and Signed it could have been put on the November Ballot. IN SPITE of their NOT USING eminent Domain after threatening it use, and taking the first steps to use ED Against Jo Stringfield this City Council has not Removed the Restricted Use of Jo's Property Rights, NOR has this City Council Moved to REFORM GRAND TERRACE CITY ORDINANCES to PROTECT YOUR PROPERTY RIGHTS.

*

EMINENT DOMAIN CAN BE USED IN GRAND TERRACE TO FORCE THE SALE OF PROPERTY FOR

"ECONOMIC PRIVATE DEVELOPMENT"

COUNCIL MEMBER FERRE, COUNCIL MEMBER CORTES, AND COUNCIL MEMBER GARCIA HAVE DONE NOTHING TO PROTECT YOUR PROPERTY RIGHTS AND REFORM THE GRAND TERRACE CITY CODE.

*

DOES THIS EFFECT YOU: Yes

*

If you own property in Grand Terrace, you don't enjoy full ownership rights to that property and it can be taken by the use of Eminent Domain and sold to another Private Individual who plans a use of that property that is "More Desired" by the City Manager, and City Council.

*

IF you were buying property, would you invest in Grand Terrace, where you may not have full Property Rights, or would you invest in San Bernardino County land or in Land in a City where your Property Rights are Fully Protected? Smart money would be spent where OWNERSHIP RIGHTS are MOST LIBERAL.

*

NOT PROTECTING PROPERTY RIGHTS IN GRAND TERRACE WILL LOWER YOUR PROPERTY VALUES.

*

Eminent Domain Reform Has Arrived In California
By John C. Murphy and Bradford B. Kuhn

Governor Arnold Schwarzenegger and our California Legislature have boarded the eminent domain reform bus. Last Friday, September 29, the Governor signed no fewer than five eminent domain reform bills. These new laws will impact all condemnation cases not just those involving redevelopment. Regardless of how Proposition 90 (The Anderson Initiative) fares this November, eminent domain reform has arrived.

Some Highlights: Upon these bills effective date, agencies must now (a) pay up to $5,000 for owners to get independent appraisals; (b) undergo hearings on applications for orders of immediate possession; and (c) include a statement of the specific anticipated public use in all resolutions of necessity.

More detail:

Senate Bill 1650:
Changing Public Use Limited: Traditionally under California eminent domain law, a governing agency is required to adopt a resolution of necessity before acquiring property through eminent domain. The resolution must provide a statement of the public use for which the property is taken. This new legislation prohibits the public entity from using the property for a public use other than the public use stated in the resolution, unless a new resolution is passed.

Re-Selling to Original Owner Required After 10 Years of No Public Use: A public entity is now required to sell property back to the original owner if, within ten years after adoption of the resolution, the property is not used for its stated public use and a new resolution is not passed.

Lease-Back Requirements Added: Unless an agency states that use of the property is scheduled to begin within two years of its acquisition, an agency is now required to offer the owner of the property a one-year leaseback agreement at fair market rent for the owner's continued use.

Senate Bill 1210:
Appraisal Fees Required to be Offered to Owners: Historically, a condemning government agency is required to have property appraised by an expert before depositing with the State Treasury the amount of probable compensation. This new legislation requires the agency to offer to pay an owner the reasonable costs (not to exceed $5,000) of an independent appraisal of property to be purchased under threat of eminent domain.

Pre-judgment Possession Limited: A public entity was previously allowed to make an ex-parte application to take possession of property prior to judgment and was only denied pre-judgment possession if the harm to the land owner was substantial. This new legislation permits an agency to obtain pre-judgment possession of property only after the owner has been given notice and an opportunity for a hearing to oppose the taking, even if the hardship is not substantial. If the land owner opposes the government's pre-judgment possession of the property, the government is not entitled to pre-judgment possession unless it shows: (a) there is an overriding need for possession which will cause substantial hardship to the government if pre-judgment possession is denied, and (b) such hardship outweighs any hardship on the land owner that would be caused by granting pre-judgment possession.

Senate Bill 1206:

Blight Definition Narrowed: Under conventional California redevelopment law, local officials may only condemn land for economic development purposes in blighted areas. This new legislation narrows the definition by characterizing blighted areas as those that constitute a serious physical and economic burden on the community that cannot reasonably be expected to be reversed or alleviated by private enterprise or governmental action, or both, without redevelopment. The legislation also prohibits the inclusion of non-blighted parcels in a redevelopment project area for the purpose of obtaining property tax revenue from the area without substantial justification for their inclusion. Further, redevelopment plans are required to become more detailed, providing specific, quantifiable evidence that documents the physical and economic conditions in the project area and how the redevelopment plan will improve the conditions.

Increased State Oversight of Redevelopment: Historically under California redevelopment law, public officials are required to prepare a report that contains valuation of property within a redevelopment project. This new legislation increases the duties of public officials - they are now required to provide these reports to the Department of Finance and the reports must include projections of tax revenues. Further, redevelopment agencies must notify the Department of Finance and the Department of Housing and Community Development of any redevelopment hearings and provide them with a report on the plan approval or amendment.

Challenging Redevelopment Decisions Made Easier: A civil action is generally permitted to determine the validity of legislative redevelopment agency actions. This legislation allows the civil action to be commenced within 90 days from the date of the decision by the redevelopment agency

Senate Bill 53:
Extending Time to Commence Condemnation Proceedings Limited for Redevelopment: Redevelopment agencies were previously permitted to extend the time limitation for commencement of eminent domain proceedings to acquire property within the project area by amending the redevelopment plan. This new legislation requires the agency to find, based on substantial evidence, that significant blight remains in the project area and cannot be eliminated without the use of eminent domain before amending a redevelopment plan to extend the time limitation.

Senate Bill 1809:
Redevelopment Recording Time Limits Tightened: Traditionally, after a redevelopment plan is adopted or amended, a redevelopment agency is required to file with the county recorder a description of any land within the redevelopment project area. This new legislation requires the filing to occur within 60 days of the adoption or amendment (as opposed to the previous requirement of promptly as practicable). It also prohibits an agency from commencing an eminent domain action under a redevelopment plan until the filing is recorded.

John C. Murphy is Chair of Nossaman's Eminent Domain Practice group and specializes in commercial litigation with an emphasis on eminent domain, inverse condemnation and other complex business disputes. He can be reached at jmurphy@nossaman.com. Bradford B. Kuhn is a non-admitted associate in the Eminent Domain Practice group and can be reached at bkuhn@nossaman.com.

THERE IS STILL TIME: Mail in your Signed: RECALL PETITIONS

Terms and Conditions Driving the Recall:

REMEMBER Mail in your Completed Petitions:

THANK YOU ALL

EACH SIGNATURE SENDS AN IMPORTANT MESSAGE

WHEN THE COUNCIL AND DEVELOPER THINKS OF Increasing the availability of Alcohol and Inducing Citizens and Non Citizens to Consume Alcohol at Bars and Grills in Grand Terrace is a safety concern for Children, and Adults.

WHEN THE COUNCIL AND DEVELOPER THINKS OF Inviting the accumulation of Day Workers seeking employment for the day invites workers and employers to violate labor laws. Included in the Day Labor Workers are People with Proper Documents to work. However, seldom are workers paid in a way their withholding taxes are paid. Seldom is there any insurance if any of them are hurt on the job. In addition, their legal and criminal status is a risk to the community, particularly children and women.

Putting in another “Drug” store in addition to a Full Service Stater Brothers with a Drug Store is a redundancy which can only be profitable if that is made up in Alcohol sales?

Increasing the speed efficiency through Grand Terrace will bring more cars. More Cars equals to more potential risk to the citizens.

Selling Land to CJUSD as a site for a High School lacks an eye toward the safety ramifications associated with that site. More than the effects of the power plant… No it will be a rail derailment that will cause the unsafe situation for the students.

The above are just a few of the Real Safety Issues not addressed by adding a Sheriff to the Patrol Coverage.

Accounting or in the case of this council… not accounting for the financial health and perpetuating actions which increase the debt of the city should be known by all.

The City of Grand Terrace/RDA has a Debt of nearly 17. Million Dollars in a long term debt. Yes the City has sufficient funds to pay the immediate bills. This 4.8 million dollar “Reserve” as it is often referred to be insufficient to Pay Down the entire debt. The City Council and City Manager has failed us.

The City of Grand Terrace has been requested to produce the Documents regarding the Following:

Public Notice of the Sale of the RDA House to the City of Grand Terrace.
Public Notice of the Meeting announcing the providing a home Sale of the RDA House to the City of Grand Terrace.
Payment for the House from the City to the RDA…
Accounting of the Progress Payment on the Agreement related to the “Earning of Value” on the House… Month by Month the city would pay IF MR. Schwab was employed. The Transfer of those funds from City Account to Banking Institution on the Behalf of Tom Schwab.

We did find a Sale of the House on the Record with the County.
Sale from RDA to City on the same day as the transfer from the City to Schwab. Not enough time for a Public hearing on either transaction.

A Letter from the DA regarding an Investigation of the House by the Political Corruption Unit. The letter misstates the Contractual Explanation of the House Being an “INDUCEMENT” for Mr. Schwab to live in GT. The DA’s Letter characterizes the “Inducement” as being a contractual REQUIREMENT, TO LIVE IN THE CITY. This is not a true statement. SO

The Case File was asked for under the Freedom of Information Act: This request was denied in total. The DA did not provide any of the required materials and redacting or held back any “Protected” documents, no he just said No giving the statute of

The State Code Referred to in the Denial for the Information Request details the Information that the DA is required to Release to the Requestor, and Yet NO INFORMATION WAS PROVIDED.

YES, no doubt this REFUSAL to provide a complete historical accounting and policy trail will no doubt end up in one court or another.

WHEN the City Council Persists in Making Decisions disregarding Professional Witnesses (in the case of ESSCO) and the Public (Some of whom are Professionals in the Fields of Development and Construction), and then they advise the Staff to Defend the law suits, hire more and more legal representation and experts, the City Council Members demonstrate an attitude that has so far been the result of Reversal’s of Approvals on Projects, and Plans. YES let us not forget, the Cost of the EVENT of going to Court and trying to defend what should be recognized undefendable by now.

WHEN the City Council Allows no bid contracts or developer agreements, and those “Plans” are rushed past and over zoning, and planning requirements… THE COST to the city will be legal fees paid to Mr. Harper and those of his Profession.

WHEN the City Council allows the City Manager/RDA Director and the Assistant Director/Manager repeatedly threatened in person, in letter, and in the press the use of Eminent Domain in collusion with a Designated Developer selected by the City Manager, they have failed to Protect the Citizens Property Rights and Rights to FULL Enjoyment of their Property. It is not enough to say we didn’t use Eminent Domain on Jo Stringfield. THE Potential and Real Threats Made by the City Manager must be contended with. THIS CITY SHOULD BE AGAINST ANY SUCH BEHAVIOR. City Council Members who purport to protect the Rights of its Citizens and Business Owners would not have permitted these threats and tactics to be used. The property rights issue is much bigger than Jo Stringfield.

When the City Persists in the conflict between zoning and General Plan, Housing Plan and Traffic Plan, and yes Specific Plans EVERY proposed development will be a potential law suit. IT is CLEAR that these Administrative tasks, of changing the Zoning, to be in align with the General Plan and the Specific Plans and so forth so that there is a Baseline of Expectation that a Land Owner, Land Buyer, and Developer can rely upon.

Currently the Zoning, and Plans are only used to prohibit the current land owners from selling or developing their land for their own benefit, and put the benefit in the ledger of the City Manager’s hand picked Developers.

When the City Manager Lies. “I saw the Signed Lease (Stater Brothers) on the desk.” And the council later finds out from Jack Brown himself there is no such lease, the City Council gives MR. Schwab a raise and an increase benefit should he be terminated, terminated even with cause.

When the City Manager withholds information regarding the disposal of city property specifically the Crown Victoria, it shows intent to cover up the deal. The Full Deal is still not documented. There is no evidence that the Purchase was made available to the Public, or other Bidders for the Property, No Public Notice of Sale. There is no evidence provided that Mr. Berry actually paid for the car, and where that money went if and when it was paid for.

When the City Negotiates with a Former Employer of One Council Member, the Current Employer of a Council Member, and the Man who provided the City Manager with Interim Housing at a time he was going through the typical Divorce Settlements, allow a sale price to be inflated from 800.000.00 to 1,200.000.00 without PUBLIC NOTICE until the check is cashed. THERE IS SOMETHING WRONG>>> .

Tis in part the summary of that which cause interest and drive for the Removal, Recall and Replacement of the long standing Council Members. The documents are available on the blog, IF you want a file on a specific Issue, email a request and you’ll have it in a few days.

PLEASE SUPPORT THE RECALL EFFORT… SIGN PETITIONS,…. AND HELP GET THE RECALL ON A BALLOT.

PLEASE HELP THE NEW CANDIDATES : WILLSON FOR MAYOR AND DODD FOR COUNCIL MEMBER.

THANK YOU FOR ALL YOUR EMAIL: ANSWERS TO EMAIL MAY TAKE UP TO 2 DAYS TO GET BACK TO YOU… SORRY BUT THIS IS GOOD NEWS…. AS THERE ARE MORE AND MORE REQUESTS FOR INFORMATION EACH DAY.

Each Day more and More Issues are coming to light. It is Important for all to be informed.

GRAMPS.

There has been a report of Police Action near Grand Terrace Rd and Vivienda which included a sedan, a flat tire, missing perpetrators, reported blood in the vehicle, a females hat, and the dispatch of 4 patroll cars and the Helicopter Wens Oct 4th at about 1 am in the morning.... OF course I'll watch for an arreste related to this activity... non is posted yet and if the event does not result in an arrest the "Event" will be un reported to the public for a month.


BOOKING NUMBER: 0610340526 DATE: 10/03/2006 TIME: 2235
ARREST DATE: 10/03/2006 TIME: 2127 LOC: 11750 MT VERNON
AGENCY: GRANDTERRACE CITY
RELEASE DATE: TIME: FACILITY: WEST VALLEY D.C.
NAME: LAST: GRAHAM FIRST: PAMELA MIDDLE: JUNE
DOB: 12/11/1955 SEX: F
RACE: W HT: 6 00 WT: 135 HAIR: BLN EYE COLOR: BLU
OCCUPATION: OTHER
CHARGE TYPE SUPPL/HOLD BAIL DISPOSITION
VC12500(A) MISD ORIGINAL $10,000.00
VC23152(A) MISD ORIGINAL
VC23152(B) MISD ORIGINAL
VC40508A MISD ORIGINAL

VC12500. (a) A person may not drive a motor vehicle upon a highway, unless the person then holds a valid driver's license issued under this code, except those persons who are expressly exempted under this code.

VC23152. (a) It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.

VC23152. (b) It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.

VC40508. (a) A person willfully violating his or her written promise to appear or a lawfully granted continuance of his or her promise to appear in court or before a person authorized to receive a deposit of bail is guilty of a misdemeanor regardless of the disposition of the charge upon which he or she was originally arrested.

BOOKING NUMBER: 0610300084 DATE: 10/02/2006 TIME: 1911
ARREST DATE: 10/02/2006 TIME: 1758 LOC: 12409 CARDINAL ST
AGENCY: GRANDTERRACE CITY
RELEASE DATE: 10/03/2006 TIME: 0125 FACILITY:
NAME: LAST: CURIEL FIRST: JORGE MIDDLE: DAVID
DOB: 11/22/1982 SEX: M
RACE: H HT: 5 07 WT: 170 HAIR: MUL EYE COLOR: BRO
OCCUPATION: CONSTRUCTION
CHARGE TYPE SUPPL/HOLD BAIL DISPOSITION
HS11364 MISD ORIGINAL NO BAIL CITE-REL

HS11364. (a) It is unlawful to possess an opium pipe or any device, contrivance, instrument, or paraphernalia used for unlawfully injecting or smoking (1) a controlled substance specified in subdivision (b), (c), or (e), or paragraph (1) of subdivision (f) of
Section 11054, specified in paragraph (14), (15), or (20) of subdivision (d) of Section 11054, specified in subdivision (b) or (c) of Section 11055, or specified in paragraph (2) of subdivision (d) of Section 11055, or (2) a controlled substance which is a narcotic drug classified in Schedule III, IV, or V.

BOOKING NUMBER: 0610300078 DATE: 10/02/2006 TIME: 1717
ARREST DATE: 10/02/2006 TIME: 1541 LOC: MIRIAM/KINGSTON
AGENCY: GRANDTERRACE CITY
RELEASE DATE: TIME: FACILITY: CENTRAL D.C.
NAME: LAST: NORRIS FIRST: WILLIAM MIDDLE: PAUL
DOB: 04/01/1980 SEX: M
RACE: W HT: 6 05 WT: 245 HAIR: MUL EYE COLOR: BRO
OCCUPATION: OTHER
CHARGE TYPE SUPPL/HOLD BAIL DISPOSITION
HS11377(A) FEL ORIGINAL NO BAIL
PC1203.2(A) FEL ORIGINAL

HS11377. (a) Except as authorized by law and as otherwise provided in subdivision (b) or Section 11375, or in Article 7 (commencing with Section 4211) of Chapter 9 of Division 2 of the Business and Professions Code, every person who possesses any controlled substance which is (1) classified in Schedule III, IV, or V, and which is not a narcotic drug, (2) specified in subdivision (d) of Section 11054, except paragraphs (13), (14), (15), and (20) of subdivision (d), (3) specified in paragraph (11) of subdivision (c) of Section 11056, (4) specified in paragraph (2) or (3) of subdivision (f) of Section 11054, or (5) specified in subdivision (d), (e), or (f) of Section 11055, unless upon the prescription of a physician, dentist, podiatrist, or veterinarian, licensed to practice in this state, shall be punished by imprisonment in a county jail for a period of not more than one year or in the state prison.

PC1203.2. (a) At any time during the probationary period of a person released on probation under the care of a probation officer pursuant to this chapter, or of a person released on conditional sentence or summary probation not under the care of a probation officer, if any probation officer or peace officer has probable cause to believe that the probationer is violating any term or condition of his or her probation or conditional sentence, the officer may, without warrant or other process and at any time until the final disposition of the case, rearrest the person and bring him or her before the court or the court may, in its discretion, issue a warrant for his or her rearrest. Upon such rearrest, or upon the issuance of a warrant for rearrest the court may revoke and terminate such probation if the interests of justice so require and the court, in its judgment, has reason to believe from the report of the probation officer or otherwise that the person has violated any of the conditions of his or her probation, has become abandoned to improper associates or a vicious life, or has subsequently committed other offenses, regardless whether he or she has been prosecuted for such offenses. However, probation shall not be revoked for failure of a person to make restitution pursuant to Section 1203.04 as a condition of probation unless the court determines that the defendant has willfully failed to pay and has the ability to pay. Restitution shall be consistent with a person's ability to pay. The revocation, summary or otherwise, shall serve to toll the running of the probationary period.

BOOKING NUMBER: 0610300011 DATE: 10/01/2006 TIME: 0251
ARREST DATE: 10/01/2006 TIME: 0118 LOC: 22092 VIVIENDA CT.
AGENCY: GRANDTERRACE CITY
RELEASE DATE: 10/01/2006 TIME: 1712 FACILITY:
NAME: LAST: DEAN FIRST: SEAN MIDDLE: CORY
DOB: 11/30/1976 SEX: M
RACE: W HT: 5 09 WT: 175 HAIR: BRO EYE COLOR: BLU
OCCUPATION: OTHER
CHARGE TYPE SUPPL/HOLD BAIL DISPOSITION
PC148(A)(1) MISD ORIGINAL NO BAIL CITE-REL

PC 148. (a) (1) Every person who willfully resists, delays, or obstructs any public officer, peace officer, or an emergency medical technician, as defined in Division 2.5 (commencing with Section 1797) of the Health and Safety Code, in the discharge or attempt to discharge any duty of his or her office or employment, when no other punishment is prescribed, shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment.


BOOKING NUMBER: 0610300041 DATE: 10/01/2006 TIME: 2347
ARREST DATE: 10/01/2006 TIME: 2300 LOC: BARTON/MT VERNON AGENCY: GRANDTERRACE CITY
RELEASE DATE: TIME: FACILITY: CENTRAL D.C.
NAME: LAST: ADKINS FIRST: STEVEN MIDDLE:
DOB: 07/06/1980 SEX: M
RACE: W HT: 5 08 WT: 220 HAIR: BRO EYE COLOR: BRO
OCCUPATION: LABOR
CHARGE TYPE SUPPL/HOLD BAIL DISPOSITION
PC12020 (A)(1) FEL ORIGINAL $10,000.00

PC12020. (a) Any person in this state who does any of the following is punishable by imprisonment in a county jail not exceeding one year or in the state prison:

(1) Manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses any cane gun or wallet gun, any undetectable firearm, any firearm which is not immediately recognizable as a firearm, any camouflaging firearm container, any ammunition which contains or consists of any flechette dart, any bullet containing or carrying an explosive agent, any ballistic knife, any multiburst trigger activator, any nunchaku, any short-barreled shotgun, any short-barreled rifle, any metal knuckles, any belt buckle knife, any leaded cane, any zip gun, any shuriken, any unconventional pistol, any lipstick case knife, any cane sword, any shobi-zue, any air gauge knife, any writing pen knife, any metal military practice
handgrenade or metal replica handgrenade, or any instrument or weapon of the kind commonly known as a blackjack, slungshot, billy, sandclub, sap, or sandbag.


BOOKING NUMBER: 0610340135 DATE: 10/01/2006 TIME: 2047
ARREST DATE: 10/01/2006 TIME: 1822 LOC: 22009 GRAND TERRACE RD#D4 AGENCY: GRANDTERRACE CITY
RELEASE DATE: TIME: FACILITY: WEST VALLEY D.C.
NAME: LAST: ALVAREZ FIRST: ADRAN MIDDLE: GILES
DOB: 12/04/1956 SEX: M
RACE: H HT: 5 11 WT: 204 HAIR: MUL EYE COLOR: BRO
OCCUPATION: NONE LISTED
CHARGE TYPE SUPPL/HOLD BAIL DISPOSITION
PC273A (A) FEL ORIGINAL $100,000.00

PC273a. (a) Any person who, under circumstances or conditions likely to produce great bodily harm or death, willfully causes or permits any child to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any child, willfully causes or permits the person or health of that child to be injured, or willfully causes or permits that child to be placed in a situation where his or her person or health is endangered, shall be punished by imprisonment in a county jail not exceeding one year, or in the state prison for two, four, or six years.

Recent Events Local and National

Many of our Elders in Our Community have passed after a long life. Some have been challenged with battling Cancer or Alzheimer's Disease or other results of aging. Some of your youth have rushed to the end of their earthly lives by accidents or illness of one type or another. Death is a part of life this is actually the natural out come of life itself.

For those who are touched by this occurrence, all face a void in their lives, grieve the absence of association with those whom have passed on. It is for the living we who are friends and family must arise and comfort. It is Family and Community that support the living. It is Family and Community that have the duty to edify each of its members by each endeavor be it personal action or business venture.

Those of strong faith such as the Amish in Nickel Mines, Pennsylvania are exemplars of their faith beliefs and steadfastness to community and perserverance. May we all strive regardless of our religion to be striving for such grace as individuals and as a community. For those who provide care taking for the hours, weeks, months and at times years as our loved ones transcend from this existence to the next should be accounted and respected as being those who contribute the humanity to our society, and community. Not all of us are willing or able to sacrifice our sense of self to be of service to others this way.

Evil will pass into nothing.

Goodness is Steadfast, for this is our transitory state of being all this we perceive as real is temporary. May we all be aware of our Highest Calling and Service to Others and Community.