City Council Closed Session

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[0:00] Okay, now we're ready to start.
[0:02] We need to finish the roll call, though. Yes. Okay, council member Roussen.
[0:06] Here.
[0:07] Council member Johnson. Here.
[0:09] Council member Nagan gas. Here.
[0:10] Vice-Mayor Penrose. Here. Mayor Radik. Here. We have a party.
[0:15] We have one public comment.
[0:17] Yes. We're going to vote.
[0:20] We're going to vote.
[0:21] We're going to vote.
[0:21] We vote. We vote. We vote. We vote. We vote. We vote.
[0:22] Close session, aye.
[0:23] We have item 4A conference with Labour negotiators.
[0:26] for the Community Adversion,
[0:27] pursue into government code section 549576,
[0:32] for V conference on legal counsel and existing litigation,
[0:35] pursuant to govern around section 54956.9.
[0:38] Up section D1, I have a foresee Cambridge
[0:42] of Legal Counsel on anticipated litigation
[0:44] and for the account to a legal counsel
[0:46] and anticipate the litigation.
[0:49] And do we have any public comment
[0:51] and close sessions by those?
[0:53] We have one in person who's always waiting in any that are online. Please raise your hand.
[1:02] If you would like to speak
[1:05] Right here, you can sit down if you'd like
[1:15] Not a matter of
[1:18] How requested that he have more than three minutes to speak.
[1:23] Well, our meeting starts at 7 o'clock. How about
[1:28] You know, give it to three
[1:29] My specific west is just that it's a rather than a hat on. Hopefully that you've
[1:35] been very small minutes of the concise.
[1:37] Well, I'm going to put the right approach to the tens of thousands of dollars that
[1:42] things can end up costing, which we want to avoid every once in a while.
[1:46] I believe.
[1:50] Okay.
[1:51] I'm going to start the time now.
[1:53] You're right.
[1:54] Thank you.
[1:56] First, May I ask, you know, have all the council members seen both the mayor letter from Brian
[2:02] and the response letter from the city's locker.
[2:08] What do you say?
[2:10] They've been sent to them.
[2:12] I'm asking if they've actually seen it with them.
[2:15] Well, so why don't you get to public comment?
[2:17] This isn't really a question and sort of type of situation.
[2:20] It's still in any communications that I would
[2:22] be sentenced to the council or attorney point privilege.
[2:26] So it's better for you to just start your public comment
[2:28] given the time.
[2:30] My point here, Denise, is that the council is weighing your advice against other things.
[2:37] I understand that you're advising them not to listen to potentially other things, so I appreciate that you're in that position.
[2:48] So basically, the public interest is served by this going to the voters, it's going to the voters.
[2:55] The public interest is served by the voters, having hearing the arguments from both sides
[3:01] and being able to weigh them in the side, and this will extinguish the controversy that
[3:05] exists in our time.
[3:07] So, the fact that the city attorney, you know, is basically saying that the city court exceeded
[3:15] her authority in writing on August 3, sending me a letter that said the deadline, counting
[3:24] and not calling attention to anything else and in that letter saying these are the rules.
[3:31] And then when I came in on the 10th for the recommendation in the letter and I don't know if all of you have seen
[3:37] the letter that the city clerk had sent me on August 3rd but if not I have a couple of copies like
[3:45] you guys can pass around later if you're just starting to hear it. It said the county deadline
[3:51] I said, this is the list we send anybody asking what arguments, county deadline for all
[3:55] arguments in August 11th, we recommend submitting any written argument paperwork to the
[3:59] City Park's office.
[4:01] Prior to this deadline to ensure all requirements have been met again in the office, 345,
[4:06] Tuesday, what they afternoon, the clerk was not in the deputy clerk contacted her upon discovering
[4:13] the discrepancy between the City Council Resolution and the letter written to me by the
[4:21] this depending on what the city court told. And after conferring, they didn't say to me,
[4:28] you got an hour and a quarter buddy, hurry up, they said, we'll accept this tomorrow.
[4:33] But I came back with it tomorrow. They said as soon as possible tomorrow, I came in with it after
[4:37] lunch, the city court, and the city deputy court together, we'll start going through it.
[4:44] They pointed to a couple of nits, if you will, that are not an issue here, and they were in
[4:51] process of accepting it, they gave me file stamped copies of what I submitted, and what
[4:57] having called Denise, they then got into the situation where, okay, Denise said he can't
[5:04] accept it. And at that point, they said, okay, we're going to have to figure this out. We will
[5:09] get back to you. Right? So, in the course of that, I should also mention that the court carefully
[5:18] examined, the argument submitted, out of the words, saw the formatting, said, no, didn't
[5:24] raise any issues about the formatting.
[5:26] It was in the process of accepting the argument.
[5:29] So I asked, well, please, while you're figuring this out, send it to the county, but they
[5:33] have it.
[5:34] It's the 11th.
[5:35] The county deadline is the 11th.
[5:36] They may just run with it.
[5:37] If the other side says, oh, they came on the 11th instead of the 10th, you know, maybe they
[5:42] can raise an issue.
[5:42] Then we get to all go to a judge, like, don't be raised by them.
[5:46] One of the public interests being the city's arguments on both sides to the voters, that's what
[5:52] we're asking finally to be accomplished. To be told that the city that the county can't meet these
[5:59] deadlines if the city asks it to. Probably they're actually have a hard deadline when they send
[6:05] things off to the printer, whether it requires a judge or a lawyer or whether it requires a city council
[6:11] resolution directing the court to ask them, we're simply in action by this council informally directing the court to ask them.
[6:20] You know, that, a pretty large earnings is very doable.
[6:24] They make progress the timeline if they need you.
[6:26] But the public interest is see these things in the argument.
[6:31] So in the letter that was sent back to us, I also wish to point out that there's actually some things that are just not true.
[6:37] you know, to say the Mr. Wagner was fully aware of the August 10th deadline is simply not true.
[6:44] To say that the argument did not comply with the city's formatting requirements of which Mr. Wagner was also aware.
[6:51] It was not true. The letter, the ignores that the city clerk wrote August 11th and no other date in the email address.
[6:57] third branch of approval is a bit tomorrow on August 10th to person. Well, she was on the phone,
[7:04] the in person was with her deputy. But the two of them confirmed, I was told this. And then
[7:10] tentatively accepted the formatting on August 11th. But for your information, I went and took the
[7:16] timestamp copies here to county elections before 5 p.m. on Tuesday. They have copies on
[7:22] that they know were submitted here.
[7:24] So if they raise a question of, you know,
[7:26] if there's an error and it's to be corrected somehow,
[7:29] they do know that it was, in fact, brought in by their deadline.
[7:33] So the news of the things I asked that, you know, the council finds some way,
[7:38] you know, to let us keep forward.
[7:40] If it takes a little bit of time, you know, let's go through that.
[7:45] If you wish to call me back in,
[7:47] for any questions, I'll be available to you to finish the procession.
[7:52] Thank you very much.
[8:02] I'll check and see if there's any other questions.
[8:04] Yeah, I'll just stand for the statement.
[8:06] It's not raised to someone.
[8:11] Dan, do you want to talk at all?
[8:20] Dan, three.
[8:24] Yeah, so Dan pulled on a minute
[8:28] or Matthew's checking for other public commenters.
[8:58] Dan, Alex,
[9:04] Dan, you're available to speak.
[9:07] I would just make it quick that I agree with the general sentiment of the previous speaker.
[9:13] Thank you.
[9:20] The agrees with the previous speaker.
[9:22] Oh, that's it.
[9:23] All right.
[9:23] Thank you.
[9:25] Yeah.
[9:25] No, that's fine.
[9:26] But before we go into closed session,
[9:29] Vice Mayor Penro,
[9:30] if you want to make an announcement about your attendance,
[9:32] be at the just cause circumstance.
[9:35] I don't know.
[9:36] I'm from the hospital with pneumonia,
[9:39] and I'm doing a lot better than I'm very tired.
[9:42] So I'm here for the closed session.
[9:47] Okay.
[9:47] You can never.
[9:50] Okay.
[9:51] So we will end the open portion of this meeting and move into the private portion.
[9:56] So Deborah, the second length that I sent you when you could log into it down.
[10:01] Okay.
[10:02] I'll take that out of this.
[10:04] And I think I'll let's stay on the phone.
[10:07] And that way, if the audio is still an issue, you can just roll right in.
[10:10] Sorry. Thank you.