Just Who Will Be Going to the City Council Meeting that is Not a City Council Meeting? « Thegardeningsnail's Weblog (because not every critter is hiding under a rock…)

November 4, 2009

Just Who Will Be Going to the City Council Meeting that is Not a City Council Meeting?

Filed under: Uncategorized — thegardeningsnail @ 5:45 pm
Tags: City Council, City of Livingston, Colton Read, Crab Feed, Mojave Desert Veterans Memorial, Rotary, Veterans, VFW, Water Rates

First: a short note to my “tea bagging” friends and allies across the Twitterverse

My little town of Livingston seems to be experiencing the trauma of “political crap hitting the fan” because certain deficits that previous administrations allowed to grow unchecked have finally ballooned to the point that “stopping the financial bleeding” in the Enterprise Funds has meant Rate Increases for Water, Waste Water and Sanitation: much higher than the average person expected. This has led to protest rallies in the park and at City Hall.

However, these protests can’t really be classified as that of the “teabag variety”, that is..protests against expanding the size and scope of government, against increasing the number of government programs, and against expanding the amount of deficit spending.

In my view these are “after the fact protests” against the unfortunate consequences of deficit spending going on over a period of several years: Deficit spending which was not addressed by earlier administrations, when the pain would have been much less, until it can’t really go on much longer without the City ending up in Bankruptcy.

At least, that’s what it looks like to me

Official “Legal Disclaimer for Purposes of Legal Disclaimerness”. I am not a lawyer and the opinions and statements below should not be taken as legal advice. I do however think I have a modicum of Common Sense, and since I have been to more City Council Meetings that some of our Present Council Persons, I think I have a pretty good idea of what I am talking about,

However, individual Council Persons would be wise to consult with the City Attorney for “official legal clarification” (and I don’t wanna hear any “bitching” about “legal fees being too much” when it comes time for the Warrant To Be Approved)

Michael McGuire, of the San Francisco Examiner told me an interesting story that took place back in the days when he was the Editor of the Livingston Chronicle. It goes something like this…..

“It (Not Really a Council Meeting-meeting) reminds me of a funny story when the council was really Brown Act minded. Russ Winton and another councilman, maybe Frank Wells, had happened to drop by the office at about the same time for different reasons. I think Russ came in with a news release about something going on at LHS. No problem there. Then, Fred Worden happened to call me on the phone when those two were there and Russ literally ran out of the office.”

Ahhhh…That ole’ Brown Act and “avoiding the appearance of impropriety”

That story reminded me about a complaint, once upon a Council Ago, about 3 or so councilpersons being at the same local coffee establishment at the same time and the concerns that they were discussing “city stuff” and “doing city decision making” in violation of The Brown Act.

And although a Brown Act Violation it may not have been…it still didn’t look to good to those who were looking.

Anyway….

A couple posts back I related how a group of “water protesters” insisted the City Council have (one more) meeting about the Water Rate Increases and have it at the Portuguese Hall (the one that holds 800 people) on November 4th, so as much of the “community” who wanted to come could come.

Well…it turned out that “The Hall-The Big One” wasn’t available on the 4th and a few noses got bent out of joint and….OK..If you really want more on that “mess” CLICK HERE

As of the writing of this post, I haven’t heard one way or another directly if tonight’s “Protest meeting” is still a go or not. I’ve been wondering if the organizers of this meeting considered all the legal hassles that could be unleashed by such a gathering and decided to just cool their jets until the Officially Noticed City Council Meeting on the 17th.

No..I’m not talking about 1^st Amendment Freedom of Expression issues for the people who want to get together and protest/debate/discuss/rant/rave whatever.

I’m talking about California Open Meeting Law conflicts for the Members of the Council the Water Protesters want at that “meeting” too.

It’s just that “3 Council People in the same room will constitue a quorum”. And a quorum in the same place at the same time about an issue under its jurisdiction…….that could get really dicey.

After all, since it is not an official and Legally Noticed City Council Meeting, if there are 3 or more of them there they couldn’t say anything about the Water Rate issue one way or another (legally). (Brown Act-remember?)

They’d have to just shut up . (And do you really believe that is even possible?)

And….Given the amount of scrutiny a certain council person has already gotten from the Grand Jury, I wonder if s/he has given any thought as to how this kind of “meeting” could invite more.

If it were me, I’d be pretty nervous about showing up and opening my yap on the off chance that a Grand Jury member or two just might happen to be in the audience.

So…just who will show up at the city council meeting that is not a City Council Meeting?

Not me…I’m so “meetinged out” I’m gonna save my strength for the “real City Council Meeting” on November 17^th.

The annual Rotary Crab Feed will be held at the Portuguese Hall

Saturday, November 7, 2009 at 6:00 pm.

Menu and open bar are the same as last year.

Meal tickets are $40 and raffle tickets are $1.00.

First prize is $1,000,

Second prize is a mystery prize donated by True Value Hardware,

Third prize is a recliner.

Over 100 prizes to be raffled.

Hope you got your tickets already!

All proceeds to fund local scholarships and fight polio.

VFW Ladies Aux. Quilt Raffle

The Livingston VFW is raffling off a hand made quilt. Tickets are $1 each or 6 for $5.00. For more information contact Denis or Sue Wells at 394-2059.

Special Needs Bingo Day

November 14, 2009

Elk’s Lodge, 1910 M Street, Merced CA 95340

Hours to be determined

Please register in advance for this event. Space is limited, so if you don’t register you might not be able to attend.

Contact Bryan Behn, Recreation Superintendent (209) 385-7426