[00:00:02]
[1. CALL TO ORDER]
I'M GONNA CALL THE, UH, MEETING TO ORDER THIS.THIS IS A SPECIAL MEETING FOR CLOSED SESSION.
UH, LIVE WEBCAST OF THE MEETING MAY BE VIEWED ON THE CITY'S WEBSITE NOTICE AGENDA AND INFORMATION ON THE CITY OF NATIONAL CITY'S WEBSITE, AND INFORMS MEMBERS OF THE PUBLIC THAT THEY MAY SUBMIT A GENERAL PUBLIC COMMENT OR A PUBLIC COMMENT ON A SPECIFIC AGENDA ITEM IN A NUMBER OF WAYS.
IN PERSON IN THE CITY COUNCIL CHAMBER BY SUBMITTING ONE THE SALMON COLOR, UH, SPEAKER SLIPS, OR BY EMAILING NO LATER THAN FOUR HOURS BEFORE THE MEETING.
ALL WRITTEN COMMENTS RECEIVED WILL BE DISTRIBUTED TO THE CITY COUNCIL PRIOR TO THE MEETING AND PUBLISHED ON THE CITY'S WEBSITE IF RECEIVED BY THE DEADLINE.
WITH THAT, COULD WE HAVE ROLL CALL PLEASE? THANK YOU.
COUNCIL MEMBER MOLINA PRESENT.
PRESENT AND WE'LL INDICATE THAT, UH, COUNCIL MEMBER YAMANI IS ABSENT.
IF WE COULD PLEASE STAND FOR THE PLEDGE OF ALLEGIANCE.
UH, I WOULD ASK, UH, UM, LET'S GO WITH, LET'S GO WITH ANI.
PLEDGE ALLEGIANCE TO FLAG OF UNITED STATES OF AMERICA.
AMERICA TO THE REPUBLIC FOR WHICH IT STANDS.
ONE NATION UNDER GOD, INDIVISIBLE WITH LIBERTY, JUSTICE FOR ALL.
[4. PUBLIC COMMENT (Public Comment will be restricted to Agenda Items Only)]
NEXT WE GO TO, UH, PUBLIC COMMENTS THAT ARE SPECIFIC TO THE AGENDA ITEM, UH, THAT IS ON OUR AGENDA TONIGHT.I DO HAVE THREE SPEAKER SLIPS, BUT I DO NEED TO TELL YOU THAT YOUR SUIT, UH, IS NOT WHAT IS ON THE AGENDA TONIGHT.
SO THAT IS NOT THE AGENDA ITEM.
AND, UH, OTHERWISE IT WOULD'VE, IT WOULD'VE BEEN NAMED ON THERE.
AND SO THAT, THAT IS, THAT IS NOT THE ITEM.
UH, WITH THAT, UM, IF I COULD INTRODUCE OUR, OUR ATTORNEY AND LEAD US INTO CLOSED SESSION COUNSEL WILL NOW RECESS INTO CLOSED SESSION.
YEAH, BUT IT HAS TO BE, IT WILL BE, IT HAS TO BE ON THE AGENDA ITEM.
CAN YOU RULE ON WHETHER, UM, UH, IF WE'RE GOING JUST IN THE CLOSED SESSION OR AS I UNDERSTOOD IT, IT WAS, UM, ONE SECOND ONE THERE.
SO, UH, CITY ATTORNEY, COULD YOU ADDRESS WHETHER WE CAN GO STRAIGHT ONE PERSON TIME CLOSED SESSION ONE.
AND ALSO, MIKE, YOU'RE OUTTA ORDER SO YOU'RE DISRUPTING THE MEETING.
SO CITY ATTORNEY, CAN YOU PLEASE, UH, RESPOND ON THAT? OKAY.
WE'RE GONNA LISTEN TO THE CITY ATTORNEY RIGHT NOW.
WE'RE GONNA SPEAK TO THE ITEM AT THAT TIME.
I, I JUST WANNA CLARIFY THAT THE ITEM FOR A CLOSED SESSION IS UNDER A CATEGORY WHERE IT'S NOT REQUIRED TO BE LISTED THE FACTS, BUT THERE ARE NO LITIGATED CASES THAT ARE THE SUBJECT OF THIS CLOSED SESSION, CORRECT? IT'S, IT'S, IT'S THREATEN IT'S THREATENED LITIGATION, CORRECT? THAT'S WHAT WE'RE HERE TO TALK ABOUT,
I WILL LET ONE OF YOU TALK AND, AND IF IT'S NOT THE SUBJECT OF THE THREATENED LITIGATION, THEN WE, WE WILL END IT AT THAT POINT.
AND, UH, ALEXANDER GUTR, TWO MINUTES.
THE THREAT OF THE LITIGATION MADE BY THE NATIONAL CITY EMPLOYEE, JOSIE FLORES CLARK IS BEING USED TO DISTRACT FROM THE REAL UNDERLYING ISSUE, WHICH IS, THAT'S NOT, THAT'S NOT THE CASE, IT'S BEFORE US.
THE THREAT OF THE LITIGATION BY THE NATIONAL CITY EMPLOYEE IS USED TO ADVANCE HER, HER COMMERCIAL DEVELOPMENT AT THE DANGEROUS CORNER OF ORANGE AND SWEETWATER ROADS IN NATIONAL CITY.
THAT IS NOT, THAT IS NOT WHAT WE ARE GOING INTO CLOSE SESSION FOUR.
IF, IF, IF IT, IF ANY OF THE, ONE OF THOSE WERE, THOSE ARE ITEMS THAT HAVE BEEN LISTED BEFORE ON OUR AGENDA AND THEY WOULD BE LISTED HERE IF THAT WAS THE CASE.
THIS IS NOT, THAT IS NOT WHAT WE ARE GOING INTO CLOSED SESSION FOR.
WE'RE GONNA WHAT YOU GOING INTO SESSION? I WE'RE GONNA ADDRESS, I'M GONNA ADDRESS WHAT YOU GOING INTO CLOSED SESSION.
IF YOU, IF YOU CAN ADDRESS WHAT IS ON OUR AGENDA.
[00:05:01]
YES.WHAT I UNDERSTAND IS THAT THERE'S A THREAT OF THREATENED LITIGATION.
THERE IS SOME ANTICIPATED LITIGATION, WELL IT SAYS THREATENED.
WAS THAT WHAT, AND I UNDERSTAND THAT THE THREAT OF LITIGATION RELATES TO A CLAIM BY JOSEPH FLORES CLARK.
WE GET A LOT OF THREATENED LITIGATIONS, NOT JUST WHAT YOU'RE INVOLVED WITH.
THAT'S YOUR REPRESENTATION TODAY.
IT HAS NOTHING TO DO WITH JOSEPH FLORES CLARK.
NOT WITH YOUR, NOT WITH YOUR LITIGATION.
NO, I'M NOT TALKING ABOUT MY LITIGATION.
I'M TALKING ABOUT THE THREAT THAT WAS MADE TO THE CITY MANAGER BY JOSIE FLORES, CLARK'S LAWYER NOT, NOT INVOLVED IN THIS AT ALL.
SO, AND AS I UNDERSTAND IT, THERE'S NO PUBLIC, SO CITY ATTORNEY, THERE'S NO PUBLIC COMMENT SECTION.
IT'S ONLY SPECIFICALLY ON, LEMME GENERALLY SPEAKING ON THE CASE.
GENERALLY SPEAKING, WHEN THERE'S THREATENED LITIGATION, YOU SHOULD DO A BETTER JOB OF DISCLOSING WHAT THE THREATENED LITIGATION RELATES TO IN SOME WAY OTHER THAN JUST PUTTING IT OUT THERE WITHOUT GIVING ANY NOTICE TO THE PUBLIC WHATSOEVER ABOUT WHAT THAT'S ABOUT.
NOW, BECAUSE OF THE LACK OF CREDIBILITY BY PEOPLE LIKE, UH, THIS COUNCIL MEMBER HERE, MARCUS BUSH, UH, IT'S IMPERATIVE THAT THE PUBLIC BEING NOTIFIED IN GREATER DETAIL ABOUT WHAT YOU'RE GOING INTO CLOSED SECTION FOR NOW, YOU'RE JUST OPERATING COMPLETELY IN SECRECY.
WELL, WE, WE ARE ALLOWED TO UNDER ANTICIPATED LITIGATION, WHICH THAT'S THE WAY IT'S LISTED, ANTICIPATED LITIGATION.
UH, AND SO MAYOR I I, YES, I KNOW WHAT THE LAW IS.
WELL I KNOW WHAT I'M READING RIGHT IN FRONT OF ME.
I KNOW, I KNOW WHAT THE LAW IS, BUT WHAT I'M TELLING YOU IS WHEN YOU SAY, AND YOU'RE SAYING ANTICIPATED LITIGATION MM-HMM
THAT'S NOT WHAT THE NOTICE SAYS.
THE NOTICE SAYS THREATENED LITIGATION.
YOU HAD CALLED FOR THE RECORD.
HUH? WOULD YOU CALL MIKE TAKE IT TO THE RECORD? I WILL CALL MARIA EVERSON PLEASE.
SO ONE OF THE PROBLEMS WITH THE WAY THIS IS LISTED AND IS THAT AGAIN, AS MY COLLEAGUE SAID, IT SAYS, ANTICIPATED LITIGATION, SIGNIFICANT EXPOSURE TO LITIGATION.
THE LAST TIME I WAS HERE, THERE WAS AN ITEM THAT SAID, UH, WAS DESCRIBED IN THIS WAY AND THEN THERE WAS AN ITEM THAT ALSO SAID ANTICIPATED LITIGATION, BUT IT ACTUALLY ATTACHED THE CLAIM.
AND I ASKED HOW MANY TIMES THE CLAIM WAS ATTACHED.
I ACTUALLY DID A PUBLIC RECORDS REQUEST, THAT IS REQUEST NUMBER 25 DASH 6 5 7 WHERE I ASKED FOR UNDER ARTICLE UNDER CALIFORNIA CONSTITUTION ARTICLE ONE, SECTION THREE AND PUBLIC RECORDS LAW.
I ASKED FOR THE PAST FIVE YEARS, PLEASE PROVIDE EVERY CLAIM OR WRITING THAT YOU ATTACHED TO A PUBLIC CLOSED SESSION AGENDA ITEM NOTICED AS CONFERENCE WITH LEGAL COUNSEL, ANTICIPATED LITIGATION JUST LIKE THIS.
IN WHICH A CLAIM WAS ACTUALLY ATTACHED.
AND THE RESPONSE FROM THE CITY ATTORNEY'S OFFICE WAS, UH, BASICALLY POUND SAND.
IT WAS, UH, WE HAVE AN AGENDA.
GO LOOK IT UP YOURSELF FOR FIVE YEARS.
MY GUESS IS EVERY SINGLE TIME YOU LIST EXPOSURE TO LITIGATION, IT'S THIS, WITH THE EXCEPTION OF THE, AND I'LL CALL IT QUOTE CLAIM THAT WAS SENT, UH, TO YOU MAYOR, NOT TO MS UH, UH, CHAPPELLE THE CITY CLERK, WHICH IS WHAT IS REQUIRED.
BUT YET ON THAT INSTANCE, YOU CHOSE TO NOT ONLY ATTACH THE CLAIM BUT TO DO IT WITH HYPERLINKS.
SO I HAVE SINCE ASKED FOR EVERY COMMUNICATION BETWEEN ANY ONE OF YOU AND THE ATTORNEY FOR THAT CLAIMANT AND BETWEEN, UH, IT ALL COMMUNICATIONS WITH MS. JOSIE CLARK, WITH ANYONE AT TECH, WITH THE MANAGER'S OFFICE TO FIND OUT HOW EXACTLY THAT CAME TO BE BECAUSE IT IS SUCH AN ANOMALY.
SO THAT ONE WAS CLEAR BECAUSE YOU WANTED TO MAKE A BIG STATEMENT AND HAVE THE PRESS HERE TODAY.
I'LL JUST SAY FOR THE RECORD, I WAS AS SURPRISED TO SEE IT ON THERE AS YOU WERE NOW THEN WITH THAT, CAN WE, UH, HAVE OUR CITY ATTORNEY LEAVE US IN THE CLOSED SESSION? THE COUNCIL
[5. CLOSED SESSION]
WILL NOW RECESS TO CLOSE SESSION UNDER GOVERNMENT CODE SECTION 5 4 9 5 6 9 SUB D TWO SIGNIFICANT EXPOSURE, EXPOSURE TO LITIGATION ONE CASE.ALRIGHT, WE ARE IN THE CLOSED SESSION.
AND, UH, ALRIGHT, UH, CALL THE MEETING BACK TO ORDER.
WE HAVE, UM, WE HAVE FOUR MEMBERS OF THE COUNCIL, SO JUST UH, UM, UH, MEMBER BUSH IS NOT NOT AVAILABLE.
[00:10:01]
WITH THAT WE ARE FINISHED CLOSED SESSION AND I'LL GIVE THE CITY ATTORNEY AN OPPORTUNITY TO DO A REPORT OUT.WE ARE BACK FROM OPEN SESSION FROM THE, UH, SIGNIFICANT EXPOSURE TO LITIGATION AND THERE'S NO REPORTABLE ACTION.