Calipatria City Council discusses graffiti, county coffers, Brown Act
CALIPATRIA — City council members heard concerns during the Tuesday, March 14 council meeting from a local club representative about graffiti in Caldwell Park.
“I’m here because our park, were the Calipatria Lions Club has painted on, is now graffitied over the actual art that the children have done,” she said.
The club representative, identified as “Cooper,” made a plea to council members and chief of police saying the matter needs to be addressed.
“These kids worked really really hard,” she said.
Cooper stated if the city does not take action to deter more vandalism from occurring, the park will “just be re-graffitied again.”
Mayor Maria Nava-Froelich told Cooper to not be discouraged.
“Hopefully we’ll paint over it and you continue your project,” the mayor said.
The council extended a courtesy public comment session to Imperial County District 4 Board Supervisor Ryan Kelly so he could explain how
the county will divvy-up Public Benefit Program funds derived from solar.
“Two-hundred-thousand will be put in each district,” Kelly stated.
According to the supervisor, the benefit program has approximately $12 million in its coffers.
The mayor expressed disapproval towards the way the county is utilizing community benefits.
“Why has the county horded all that money and then used it to give out loans,” Nava-Froelich asked.
The supervisor touted some of the program’s success stories, which, he said, helped create and save jobs in the area.
He also acknowledged a few investments which might have been not-sogood. He recalled an incident where the county loaned approximately $450,000 to a woman who wanted to produce cheese.
“She was caught trying to sell the (cheese-making) equipment in Tijuana, and unfortunately, our district attorney didn’t prosecute her,” Kelly said, referring to a former district attorney.
The council moved forward to the next agenda item where city attorney Bill Smerdon explained
the legal requirements council members must follow.
“There’s three or four different statutory and common law schemes that come into play which you have to be concerned with as council members for ethics,” Smerdon said.
The city attorney made council members aware that he is the “city’s attorney” and not bound to defend individual council members.
“If you (council members) come to me for advice, my job is to do my best to make sure you do things correctly and not get in trouble,” he said, “nut because I’m not your attorney, if I make a mistake you don’t get to sue me,” he added.
Smerdon continued addressing council members and reminded them gifts received over $25 have to be reported on a “700 form.”
“There’s a prohibition on receiving more than $520 per year in gifts from any individual,” he added.
The city attorney stated that gifts within the limit could still be scrutinized by the public when there is a perception of a conflict of interest.
“Its legal, but how is it
going to smell,” he said.
Smerdon warned about discussion of city business by members outside of scheduled city council meetings. He stressed the importance of not conducting “serial meetings,” which could lead to discussions by enough members to be considered a quorum.
“Two of you (council members) can talk all you want, you can plan, you can strategize, do whatever you want, two of you,” Smerdon said. “The minute you grab the third, that’s a Brown Act Violation.”
The attorney spelled out specific statutory exceptions which can occur in closed meetings such as during employee evaluations, real-estate negotiations and litigation involving the city.
“There are strict rules about when (closed meeting) things are reported,” he said.
Smerdon encouraged council members to take advantage of training webinars provided by the California Fair Political Practice Commission’s website.
The Calipatria City Council’s next meeting will take place on March 28 at 6 p.m. at city hall.