Council To Debate City Code Amendments.

On Election Day, November 7th, Council will finally address the due process issues lurking in Brea’s Municipal Code. If you’re a Constitutionalist, as I am, you’ll want to do your homework on this one. Here are the blogs that lay the foundation for my year long effort to bring our municipal code into conformity with the state and federal Constitutions.

I’m Mad As Hell, And I’m Not Going To Take This Anymore.

I’m Still Mad As Hell.

An Open Letter to Mayor Hupp, Members of Council and the People of Brea.

Vargas: Liar Liar… Pants On Fire!

due process

It is my strong opinion that there are some within city hall who are responsible for creating this situation, years ago, that have repeatedly attempted to thwart this matter from reaching Council’s agenda. Information presented to Council thus far appears to have purposely misdirected Council, focusing their attention away from the real due process issues and onto the Council Code of Ethics which is a policy document subject to repeated modification.

The BMC is the law. The BMC needs to be amended to eliminate the threat of violating your Constitutionally guaranteed due process rights.

No amount of obfuscation changes that.

“Facts do not cease to exist because they are ignored.” – Aldous Huxley

due process

Update 11/07/17: I have sent Council a compilation of the reviews of other city codes, combining the almost irrelevant list supplied by the City Attorney’s office and the neighboring communities list I provided Council a year ago.

Click Here to read/download a copy of the list.

Reading the list, you will be struck by how many of the cities reviewed by the City Attorney have little or no resemblance to Brea. The list was drawn from cities contracting for legal services from RGW, Brea’s City Attorney. Apples to oranges.

12 thoughts on “Council To Debate City Code Amendments.

  1. Have been following this. My biggest takeaway is that nothing supports a “unilateral dismissal” — absolutely nothing. Especially when viewed in the context of how it was carried out — in the dead of night without the knowledge of anyone with common sense. It’s Vargas that deserves to be dismissed. Wondering if we Breans can hold our breath for another 12 months.

    • Mark… we’ve suffered through three years already, I’m sure we can manage one more. Having alienated the rest of the Council and most of Brea’s voters, the likelihood he’ll do much more damage is pretty small I would think.

  2. You’ve obviously read up on this more than the rest of us. Neighborhood BBQ this weekend and several of us talked about this. Your arguments regarding due process are believable and down-to-earth. We all understood exactly what was said.

    We also agreed with what Mark posted a few days ago about that unilateral dismissal and what a horrible idea that was. Since it was Markman’s idea to begin with it’s no surprise the he has fought you all the way.

    I hope Council will see through his smoke screens and dump the universal dismissal… and do a decent job fixing the municipal code while they’re at it.

    • Manny…
      I’m eager to see what’s new in Council’s info packet Thursday. The City Clerk will post everything HERE so I encourage you to download whatever shows up, give it a good read and send your thoughts to Council via email.

  3. Thanks for understanding all of this, Rick. Your information and logic help others understand what is transpiring. I agree with you on this subject and hope the council gets this straightened out.

    • Totally agree. Rick cuts through all the double-talk coming out of city hall and exposes the motives behind the actions of staff and council. Vargas was a total ass for dismissing Rick from the Planning Commission, he was the sharpest mind there and really heard what people had to say. Council should pay attention to his good advice and fix this mess once and for all.

  4. The case to replace RGW is getting stronger every day. What is the hold this firm has over Council that they’re afraid to challenge them or open the contract up to review? I’ve thought there was something hinky going on here for some time. The way the city attorney has handled this, from day one, is just lousy.

    I’ll be watching tonight. I hope Council is humble enough to admit your role in righting this wrong and to change Brea laws accordingly. Four out of five anyway. Vargas’s behavior every time this has come up points to how embarrassed he is that he screwed up so badly – so publically.

    • Rob… we share similar views regarding the City Attorney and Mr. Vargas. Little surprises me anymore. How humble Council might respond remains to be seen.

  5. Rick, FYI I just sent this email to Mayor Hupp and members of Council. I do hope they listen to all of us and, as you’ve said more than once, do the right thing.

    Mayor Hupp & Members of Council:

    I would like to comment on the matter of due process violations with regard to Rick Clark.

    After reviewing numerous correspondences to and from the council, I believe the manner in which the unilateral dismissal was carried out provided no notice to the person being dismissed or to Council. Having said this, I believe though the BMC provides for dismissal without cause, this “right” was vacated. It is my understanding that in the letter of dismissal, numerous causes were enumerated. However, I do not believe the alleged causes has never been adequately proven by any Council member or publicly addressed by Council. Furthermore, the BMC should provide a clear definition of duties and obligations, but it appears this part of the letter falls short.

    My understanding in this matter is that Municipal Codes from surrounding cities were submitted to the council. I would think this information should provide the city with comparative information on adjacent cities and how they handled dismissal of Commissioners and Committee members. This does not appear to be the case in this instance.

    Lastly, I believe Rick Clark’s arguments regarding due process are absolutely believable. Therefore, it is time for the council to take the actions that will best and most efficiently bring Brea’s Municipal Code into harmony with the Constitutional rights provided all citizens.

    Thank you,
    Judy Terracina

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