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Councilmember Villegas, expressed concern over alleged Brown act violations; <br />Clerk should not be blamed for violations, text thread gave direction to staff and <br />items for discussion; need for everyone to be responsible, and his desire as a <br />private individual to send notice to Orange County District Attorney Special <br />Prosecution Unit of possible violations opined that intent is not an element of the <br />violation of the section. <br />Councilmember Tinajero, stated that Councilmember can proceed and asked <br />that is also include a report on Mayor's Brown Act violated as reported by Voice <br />of OC; staff should have handled it differently; noted text message to <br />Councilmembers was to inform them Mayor abdicated his role; commented that <br />Mayor has more FPPC violations than the past three councils combined; directed <br />Clerk to change text message policy and practice; asked City Attorney to clarify <br />Agenda Item 55B. <br />City Attorney Carvalho, indicated that Agenda Item 55B is a complete rescission <br />of resolutions, text messages subject had to do with scheduling of meeting and <br />what might be discussed; opined that ultimately the City Council did not hold that <br />meeting and discussion that occurred was not consummated, also details of <br />message did not include four Councilmembers and there was no concurrence on <br />a single topic of discussion. Noted intent is an element to bring criminal cause of <br />action under the Brown Act; Brown Act violations that occur or those noted in <br />reported cases are when four members of a seven -member council get together <br />and make a decision and hold a council meeting and deprive the public of what <br />their discussion was about. <br />Councilmember Benavides, opined discussion by speakers on alleged violations <br />is being made to seem like some type of major collusion or illegality. Suggested <br />Mayor's main concern is a specific interest to have the support he needs <br />politically to run a campaign to be reelected this November, and Mayor took this <br />up in order to garner that level of support. Thanked City Attorney for her <br />clarification. <br />WORK STUDY SESSION <br />WS-1. UPDATE ON MOBILE VENDING — Continued to the following council meeting. <br />COMMENTS <br />90A. CITY MANAGER'S COMMENTS <br />City Manager Godinez, invited all to upcoming Dia de los Ninos event on April <br />21, 2018 which celebrates the importance of children, families, literacy and <br />cultures; provided report on household hazard waste event that was attended by <br />over 1,097 residents and new water and sewer website that will provide <br />CITY COUNCIL MINUTES 23 APRIL 17, 2018 <br />1 OA-23 <br />