Opinion: Grand jury needs to reprimand S. Tahoe City Council
To the community,
After watching the dysfunctional, capricious, dishonest and heartless tactics of the South Lake Tahoe City Council in attempting to gut Proposition 215 and target sick people, I believe the current City Council is a threat to the health and safety of the entire community and not just medical marijuana patients. Clearly, the City Council is continuing to engage in the same behavior that has already prompted the El Dorado Grand Jury to warn the City Council it is incompetent and probably guilty of criminal violations. As a result, serious questions exist regarding the legitimacy and authority of the current City Council to pass or enforce any ordinance.
Frankly, the South Lake Tahoe City Council’s selection of Hal Cole as mayor is an insult to this community, since he is the single biggest reason we have a huge crater in the middle of town. It’s now over five years since the $400-plus-million convention center-retail-hotel complex that broke ground in 2006 has become a crumbling pile of concrete and rust. Not only has the City Council failed to address this problem, it appointed the guy responsible for this crater as their new mayor.
The real reason that this huge crater can’t be fixed, is because the city never required a performance bond. In fact, then Mayor Hal Cole, who also served as the Redevelopment Agency board chairman, not only let the developer off the hook for the performance bond, Mr. Cole signed the contract first, even though the contract specified the developer must sign first. Why Mr. Cole suspended the performance bond and signed first remains a mystery and is a matter that should still be investigated by the Grand Jury.
Worst of all, on July 10, 2006, Mayor Hal Cole told the public, “The developer is assuming all the risk.”
Given that the city ended up with an enormous crater and no funds to fix it, Mayor Cole’s comment was not only false and deceptive, his re-appointment as mayor has created an unacceptable level of mistrust in our City Council.
The grand jury was also quite clear about Councilman Bruce Grego. Here is what the Grand Jury had to say about Mr. Grego and the $935.50 that was paid to him: “A member of the City Council requested reimbursement for legal fees paid to an outside law firm. The legal advice consisted of a legal opinion and preparation of a letter to the Fair Political Practices Commission. No contract had been signed and the City Council had not approved the expenditure in advance. The City Manager stated that he gave verbal approval for the expenditure. California State Law clearly states that government contracts for payment may not be backdated. All unusual expenditures should be approved in open session. The City’s Purchasing Policy and Procedure Manual calls for the presence of written contracts when professional services are sought, and makes no provision for payment and reimbursement absent the presence of a contract.”
Clearly, the grand jury has made a finding that Mr. Grego’s reimbursement was in violation of California state law, yet Mr. Grego continues to insist he did nothing wrong and refuses to return the money.
In an editorial dated July 28, 2010, the Tahoe Daily Tribune said, “The City Council’s response to the critical and scathing El Dorado Grand Jury report is embarrassing and disheartening.” The editorial then went on to point out that instead of accepting responsibility, the City Council adopted a response that was peppered with the phrases: “the city does not agree in part with the finding,” “the city agrees and does not agree in part,” and “the city does not completely agree with the statement,” among others. That didn’t fly with the Tribune, which reminded the City Council and the citizens of South Lake Tahoe, “The first step to solving a problem is admitting to having one.”
It has been over a year and neither the City Council, nor Mr. Cole, nor Mr. Grego are willing to admit they have a problem and continue to insist that we should ignore the grand jury report and trust them instead. But the 19 distinguished members of the El Dorado Grand Jury, as well as the citizens of South Lake Tahoe have learned that they cannot trust the City Council, especially if Mr. Cole and Mr. Grego are allowed to remain on the Council.
The Grand Jury concludes its report with a stern warning: “This Grand Jury is of the opinion that an accusation for malfeasance or nonfeasance by this City Council may be appropriate… The Grand Jury only touched the ‘tip of the iceberg’ in its investigation and recommends that the citizens of South Lake Tahoe get involved with their City government. It is up to the citizens to establish the kind of governance they desire, to exercise their democratic right to vote, and get a City government that works for the common good and in an efficient manner for its citizens.”
The South Lake Tahoe City Council has not heeded any of the warnings of the El Dorado County Grand Jury and continues to violate the law. It is time for the grand jury to revisit this issue and open up a new investigation.
Steve Kubby, South Lake Tahoe
They also allow the police department to frame people and force them into pleas and deny them the right to the evidence after the fact. i know this as I was framed for a crime in 1990 and told by public defender Rick Myers that I would never get them to admit the truth so I should get over it and move on with life. This was a serious offense and anyone in my position would never get over it with this hanging over your head.Tahoe is full of corruption and it continues to this day. The only way to solve the issue is to take them to court and get them where it hurts; there pocketbooks, which I plan on doing if issue is not resolved.
Very well done Mr. Kubby, Hope this opens some eyes to the truth.
Why is the Grand Jury, or some member of the “real” government, not doing anything about this?
Mr. Kubby, if it weren’t for Proposition 215 and the legalization of medical marijuana, would you be so concerned with what is going on in South Lake Tahoe? Isn’t that the main reason you came to town?
I appreciate the fact that you are becoming involved in the democratic process as stated in the Grand Jury report. I feel that we need people to help fix the problems and take part in our recovery, not always criticizing and pointing fingers.
You have brought up 2 issues of the city council prior to the Grand Jury report (the hole and Grego’s legal fees) but the only issue you appear to be at odds with concerning the current city council is that of Proposition 215.
Many communities are tiring of the influx of clinics popping up in their area. Los Angeles, San Diego and San Jose are just a few that think 100s of dispensaries are just too many for their populations. South Lake Tahoe isn’t alone in trying to curtail the spread. We have under 30,000 in the area, why should we need more than a few of these businesses since not all of our 30,000 are ill.
I ask that all citizens take part in making our city a great one. Pointing fingers and complaining aren’t the right path to fixing it though, we need participation and productive processes to fix it. I have faith in the current council to continue getting the ball rolling in the right direction. We have 3 new people on the council, and only 2 that were there during the Grand Jury report times. People can vote for the change they desire (if any), participate, become involved. This has always been my stance and will continue to do what I can to make our town wonderful. I can’t hold office or be involved in committees because I live in the county, but I care and will do what I can. As Mr. Kubby states about the Grand Jury report : “recommends that the citizens of South Lake Tahoe get involved with their City government. It is up to the citizens to establish the kind of governance they desire, to exercise their democratic right to vote, and get a City government that works for the common good and in an efficient manner for its citizens.”
“30 Year Local’s” comments notwithstanding, as Mr. Kubby’s compulsion on 215 seems to “wear out his welcome” at times, there are indeed many other issues confronting SLT (now
“Sleepy Little Town”), he is nevertheless correct in his assessment of the political situation.
Not openly acknowledging it just encourages the rampant “go along to get along” culture, allowing the somewhat blatant (and still present toxicity) to set the tone for “change”, which cannot be successful under these conditions.
The ‘tapes’ tell the story: Mr. Cole at one point is heard to say (with regards to an imminent vote) that he has to consider the support of the “900 some odd” people that put him back in office, seemingly disregarding the other 20,000 that live here.
On the also-infamous aborted Lakeview Commons (El Dorado Beach) earler contract discussions, he is heard to be justifying other bidder concerns about the $ 450,000 difference (in a ‘not to worry’ mode) paraphrased as ‘don’t worry, there is a 440. 000 contingency fund in the estimate. . .” Again. seemingly assuring that the bid difference would be readily absorbed by the “winner” – this in itself would be questionable enough, were it not for the “Cal Hole” issue still festering.
That our previous City Manager was quoted as saying that there was “no such thing” as a performance bond, when at least one in the audience provided one at the S.F. Airport to be able to participate there, makes the case of a Sleepy Little Town needing to wake up to avoid further deterioration of previous decades. especially if it followed the false ethical reckoning like that exhibited by Mr.Cole in the immediate past.
Mr. O’Rourke may also be contaminated with these mindsets, as his selection was at the hands of the same group that didn’t call Mr. Jinkens on his ludricous remark earlier. These things seem to happen more often when situations get close to desperate, suspending both judgement & common sense.
Let’s hope that good judgement can somehow prevail, as “politcal correctness” will not – it has to start with the acknowledgment of the problem – which is not mere “finger-pointing”.
Someone has to call lt like it is, as Mr. Kubby has.