Tag Archives: Wildomar City Clerk

Activism Pays Off for Residents of Wildomar

Activism saves residents of wildomar money.

Map of CSA 103 Drainage/Landscape 2017

Starting in the tax year 2009/10 the City of wildomar continued collecting $20.00 annually from 1,076 homes located in the original section of Windsong Valley. (One of the homes belongs to a local blogger with a camera & a drone).
This was the result of the City of wildomar passing Resolution 09-59 on August 26, 2009 by a 5-0 vote.

Resolution 09-59 that established the charges for CSA 103 Drainage/Landscape

Leading up to that Resolution the city paid for a report that was not included in the staff report presented to the City Council members nor the public in the agenda packet.

Resolution 09-35 that authorized the study to determine the fee to be added to the tax bill for the city

Fast forward to 2017 city council meeting held on April 12, 2017 a local activist asked the the city council to include the staff reports generated by LAFCO at the time of annexation into CSA 103 Drainage/Landscape and approved by Resolution of the Riverside County Board of Supervisors when this tax was first approved to be placed on the tax bills of 1,076 property owners. (That number in 2017 had increased to 1,082 property owners.
After that meeting city staff approached the activist and claimed they did everything they could to gather the information necessary to place this tax on the appropriate tax bills of residents. This effort included interviewing past contractors that maintained the landscaping, period. They never produced the Resolution from the Riverside County Board of Supervisors making this tax legal, nor did they include the staff reports detailing what was to be maintained with these funds.

A resolution by the Riverside County Board of Supervisors for CSA 103 Lighting exist and does have a staff report detailing the number of street lights with their lumens and their location.

LAFCO Staff report detailing what CSA 103 Lighting pays for

In the city staff report given on June 14, 2017 Agenda Item 2.2, for the tax year 2017/18 charges CSA 103 Drainage Landscape appears.

While preparing to ask the same questions of city staff about these reports for the 2018/19 property tax year, the activist became aware that this tax was no longer on the tax bill of 1082 residents.

Your welcome residents of wildomar.

THE SPIRIT OF THE LAW IS STILL BROKEN

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The letter of the law versus the spirit of the law is an idiomatic antithesis. When one obeys the letter of the law but not the spirit, one is obeying the literal interpretation of the words (the “letter”) of the law, but not necessarily the intent of those who wrote the law.

Idiomatic – using, containing, or denoting expressions that are natural to a native speaker.

Antithesis – Direct contrast; opposition.

Idiomatic Antithesis: What do you do when you have to follow the letter of the law, but you have wiggle room to interpret said law to maintain the integrity of your work?

Knowledge about the workings of city government just got a little easier for those citizens that have chosen not to signed up for e-mail blast from the city. (Less than 1,000 have)
Access to agendas for City Council, Planning Commission, Measure Z Oversight Committee and some subcommittees have been somewhat enhanced, although not entirely, by the city complying with the requirements of the Grand Jury.

A new bulletin board has been installed in the P.O. Box Lobby open from 4:00am – 10:00pm.

Newly installed before October 30, 2016

This is an improvement over the city notices being posted on a clipboard in the retail lobby which was only opened from 8:30am – 5:00pm.

The way it was

(This leaves a 6 hour daily period where access is unavailable vs. the 15 and half hours previously, at this location)

The Wildomar Library has cleaned out all materials not related to city business from a new bulletin board in the entrance lobby.

The way the Grand Jury saw it

What they would see today during business hours

This is not much of an improvement over the previous situation because this building is still inaccessible for 16 hours each weekday, 19 hours on Saturday and all day Sundays.

If you intend on driving over and peaking in the window, good luck

For a typical city meeting held on a Wednesday at 6:30pm notice is required to be posted 72 viewable hours prior, or no later than 5:30pm Sunday because Closed Sessions begin at 5:30pm and Public Comments are allowed.

Viewable hours are important enough for the California Attorney General’s Office to have issued a determination
In 78 Ops.Cal.Atty.Gen. 327, 331-332 (1995), this office concluded that the 72-hour notice requirement mandates local agencies to post their notices in locations which are accessible 24 hours a day for the 72 hours prior to the meeting. Accordingly, notices cannot be placed in buildings which are locked for some portion of the 72 hours immediately prior to the meeting.
https://oag.ca.gov/system/files/opinions/pdfs/95-812.pdf?

In this opinion is this section of the “Brown Act”
Section 54954.2, subdivision (a) requires that the posting occur in a location that is “freely accessible” to members of the public. “Accessible” may commonly be defined as “capable of being reached . . . capable of being . . . seen . . . .” (Webster’s Third New Internat. Dict. (1971) p. 11.) “Freely” in this context may reasonably be defined as “without hindrance.” (Id., at p. 906.) Obviously, locked doors would provide a “hindrance” to the agenda being “seen” during the 72-hour period. If an agenda cannot be viewed where it is posted, the purpose of section 54954.2’s posting requirement would be frustrated.
Members of the public cannot be expected to have full opportunity to learn of agenda items of interest if the place where the agenda is posted is inaccessible to them during any portion of the required 72-hour period.
If the building in question is closed during the evening hours, the agenda may be posted on the outside of the building in a lighted display case if necessary.

For the Post Office access is unavailable for only 18 hours total vs the 46 hours previously. A vast improvement.

For the Library access remains pretty much the same as before, the library is closed on Sunday, not opening until noon on Monday which results in the first 18 and one half hours of no access. The library closes at 8:00 pm on Monday until 10:00am on Tuesday or 14 hours of no access. The library closes at 6:00pm on Tuesday until 10:00am on Wednesday or 16 hours of no access. This results in a total time of 23 ½ hours of access. (A shortage of 48 ½ hours)

For the Post Office posting would have to occur no later than 5:30 pm on Saturday

For the Library posting, to allow for 72 hours of accessible time, would have to occur no later than 11:30am the Saturday a week prior to the meeting. (For the City Council meeting that occurred on October 12th the posting would have had to gone up on October 1st.)

Wildomar Responds to the Grand Jury, with a rebuttal

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On September 16, 2016 the city of wildomar responded to the Grand Jury report of June 21, same.

The original report and the city’s response can be found at:

http://www.countyofriverside.us/Home/GrandJury.aspx

Recommendation 1 :
Develop policy and procedure ensuring the city complies with the “Maddy Act” by
posting all vacancies at the city clerk’s office, the public library and other designated location(s).

Response to Recommendation 1:
The City complies with all requirements of state law by posting notices of
unscheduled vacancies at the City Clerk’s office and the public library. My discussions with the Wildomar Library (aka Mission Trail Library) staff confirm that all documents provided by the City Clerk to the library staff are posted on the interior bulletin board.
Also in the city’s response is this statement:
• The City posts notices of unscheduled vacancies on the City web site.

As to the city’s response that it complies with all requirements of state law, the Grand Jury in its investigation interviewed the City Clerk and the Wildomar Library Branch Manager

Original Findings of the Grand Jury
1. Unscheduled vacancies (boards, commissions, committees) have not been posted at the public library as required by California Government Code Sections 54970-54974 also known as the “Maddy Act.” The vacancy notices have been posted only at the City Clerk’s office.

Photographic evidence shown to the Grand Jury along with records request that could not be filled by the city clerk’s office prove that prior to May of 2016 the Maddy Act List was not posted in the Wildomar Library nor was it available in the city clerk’s office.
The list is currently posted at the library, several times.

When one visits the city of wildomar website, on the city clerk’s page at the bottom under ONLINE FORMS AND INFORMATION

City Clerk Page as of 9-20-2016

One finds a Planning Commission Vacancy that was filled at a city council meeting on July 13, 2016 still listed. But, what they won’t find is the Maddy List.

pc-vacancy-16-06-14

Recommendation 2:
The bulletin board currently being used at the Wildomar Public Library be replaced with a secure bulletin board, large enough to display the entire postings.

Response to Recommendation 2:
As this library facility is not controlled by the City but by the County, bulletin board
space for all documents has been limited. The Library staff has graciously shared this space with the City but the best practice would be to install another bulletin board exclusively for City documents.
Recent discussions with the Library staff have resulted in a plan to install a locked
bulletin board inside the library which will be accessible by the Library and City staff with document control/accountability by the City. The plan is to install this bulletin board no later than the end of October 2016.

The city’s response rings hollow as this has been one of three designated locations for the posting of city business since Resolution 08-07 was passed, approved and adopted the 1st day of July 2008. Why designate it if not available.

Installing a new bulletin board inside the library for the posting of city agenda’s also violates the Brown Act as interpreted by the Attorney General’s Office

http://ag.ca.gov/publications/2003_Main_BrownAct.pdf
In 78 Ops.Cal.Atty.Gen. 327, 331-332 (1995), this office concluded that the 72-hour notice requirement mandates local agencies to post their notices in locations which are accessible 24 hours a day for the 72 hours prior to the meeting. Accordingly, notices cannot be placed in buildings which are locked for some portion of the 72 hours immediately prior to the meeting.

Neither the Library or the Post Office is open 24 hours a day

Recommendation 3:
If the U.S. Post Office in Wildomar is continued to be utilized a secure bulletin board of adequate size be used, otherwise, a different location be designated, such as the city website or local fire station

Response to Recommendation 3:
The City will comply with Recommendation number 3 and will install a secure
bulletin board inside the lobby area of the Post Office thereby improving public notice due to the extended hours the lobby is open. As this facility also is not controlled by the City the completion of this installation is scheduled prior to October 31, 2016.

If in fact the Post Office is not controlled by the city then how can a date certain be given without the assurance, in the form of a letter, of the Post Master for this facility be given in the city’s response.

Some people will be thinking, who cares if the library or the post office are available for posting the cities business. It is the current law and choice of the city to use these facilities to post the city’s business. Until such time as these laws are amended or the city designates other places for posting the laws need to be followed.

WILDOMAR IN NEED OF ANOTHER BELL

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Everytime it appears the Measure Z Oversight Advisory Committee is dead it mysteriously comes back to life.

UPDATE: Checked the city of wildomar’s park web page, a website separate from the cities official page, and low and behold there is a cancellation notice. Thursday nights meeting has been adjourned to September 8, 2016. (Problem being that night is already scheduled for another event, same place same time) guess Measure Z will be rescheduled again.

The most recent death appears to be the August 25, 2016 meeting, which has been on the city calendar for several months. As of this writing, at 9:30 pm August 22, 2016 (less than the requisite 72 hours) there is no agenda posted.
The previous death and revival occurred starting with the May 26, 2016 Regular Scheduled meeting.
This meeting was to originally occur on May 26, 2016 at 6:30 pm.
This date was set back on August 27, 2015, a change from previous years, at the encouragement of staff due to difficulty in generating financial reports on time.

On May 24, 2016 @ 6:42 pm (47 hours 48 minutes prior), by e-mail blast without explanation, this meeting was adjourned to an Adjourned Regular Meeting on June 30, 2016.

From: City of Wildomar (reply to: info@cityofwildomar.org)
Sender Lookup: 65.61.45.109 – sitecreatorshosting.com
Subject: Wildomar Measure Z Oversight Committee Agenda 05-26-16
Show: raw text Date: Tuesday, 24/05/2016 6:42 PM
1 attachment:05-26-16-mza.pdf 109 KB
The regular meeting of the Measure Z Oversight Committee of May 26, 2016 is adjourned to June 30, 2016.

If you have any questions regarding this email please contact:

Debbie A. Lee
City Clerk
Phone: 951/677-7751 x 215

On May 25, 2016 at 5:00 pm (25 hours 30 minutes prior) this meeting, certified by the city clerk as being posted in three locations, was adjourned to an Adjourned Regular meeting set to occur on June 30, 2016 at 6:30 pm. No explanation was given for adjournment.

On June 27, 2016 at the required 72 hours prior to the June 30, 2016 meeting no agenda was posted leading one to believe this meeting was not going to occur.
On June 30, 2016 at 5:27 pm (one hour and 3 minutes prior), by e-mail blast, notice was given that the Measure Z Oversight Advisory Committee would meet in a regular meeting on July 7, 2016 at 6:30 pm.

Missing in all of this is what happened to the June 30th meeting.

Did it occur?

One would believe it did as from the time the May 26, 2016 adjournment was posted where 3 members are listed as Members Elect with no Chair or Vice Chair listed
and in the posting for the July 7, 2016 meeting refers to as Members Chair, Vice Chair and Members.
None of the three members have been sworn in to their positions, no meeting has occurred since the term of the three expired on February 28, 2016.

Is city staff now anointing its citizenry.

WILDOMAR GETS SPANKED ONCE AGAIN

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WILDOMAR DOES POORLY, SO SAYETH THE GRAND JURY
This is the third time in 8 years the city has had to explain its actions to the grand jury.

Wildomar does a poor job of informing citizens about volunteer position openings on the Planning Commission and Measure Z Oversight Advisory Committee, so sayeth the Riverside County Grand Jury.
In a report made public on June 24, 2016 with a response due by August 20, 2016 the city of wildomar failed to properly post unscheduled vacancies as required by the Maddy Act.
Posting of other required notices at the Wildomar Library and the Wildomar Post Office are also in need of change.
At the library:
Parts of the agendas posted are obscured by the door frame. However, a small note is located at the bottom of the bulletin board door, which states “Please ask library staff to view the entire agenda.”
The grand jury recommends:
The bulletin board currently being used at the Wildomar Public Library be replaced with a
secure bulletin board, large enough to display the entire postings.

Wildomar Library

At the Post Office:
Postings at the U.S. Post Office in Wildomar are posted by the city clerk, or her deputy on a
clip board that is unsecured.
The grand jury recommends:
If the U.S. Post Office in Wildomar is continued to be utilized a secure bulletin board of
adequate size be used, otherwise, a different location be designated, such as the city website
or local fire station.

As I see it there may be an issue with changing the bulletin board at the library because this is a county owned facility, not city owned. There is also the problem with the library not being accessible, either the building or the parking lot, 24 hours a day. Per the “Brown Act”
The agenda must be posted at least 72 hours before the regular meeting in a location “freely accessible to members of the public.”
The courts have not definitively interpreted the “freely accessible” requirement. The California Attorney General has interpreted this provision:
In 78 Ops.Cal.Atty.Gen. 327, 331-332 (1995), this office concluded that the 72-hour notice requirement mandates local agencies to post their notices in locations which are accessible 24 hours a day for the 72 hours prior to the meeting. Accordingly, notices cannot be placed in buildings which are locked for some portion of the 72 hours immediately prior to the meeting.
http://oag.ca.gov/sites/all/files/agweb/pdfs/publications/brownAct2003.pdf

As for the U.S. Post Office,

Bulletin board at U.S. Post Office. There are three of these

there are secure bulletin boards available that could be used by the city but someone would need to show up when there is a postal employee present to unlock the bulletin boards. Anytime during normal business hours 8:30 am – 5:00 pm. Monday thru Friday.
U.S. Post Office “Postal Operations Manual” Section 125.351 General:
Scheduled use of lobby space by government agencies is provided in the following order:
a. Federal agencies.
b. State agencies.
c. County and municipal agencies.

Also Section: 125.361 Bulletin Boards The following guidelines apply to the use of bulletin boards: a. Postmasters may install bulletin boards in public areas of Post Offices or set apart a convenient place to display official government notices, notices of public assemblies, judicial sales, official election notices issued by state or local government, and similar announcements. These display privileges must be afforded without discrimination.

These sections clearly allows for the posting of agendas inside the locked bulletin board.
Postal Operations Manual @ http://www.napus.org/wp-content/uploads/2010/08/POM_9-12_08.pdf

As to the first recommendation of the Grand Jury:
Develop policy and procedure ensuring the city complies with the “Maddy Act” by posting all vacancies at the city clerk’s office, the public library and other designated location(s).

The city of wildomar would have to climb down of its high horse and want citizen involvement in the workings of the city. There is much talent to be found in the community but currently if one wasn’t a part of the small group of WIN – Wildomar Incorporate Now members, forget about it.
All one has to do to see the reality of this is to look at the past response to vacancies in the Planning Commission and Measure Z Committee where only one or two applications were received for each vacancy, even after numerous request. All this in a town of 35,000 citizens of which more than 18,000 are eligible to hold a seat.

The full Grand Jury Report can be found at: http://www.countyofriverside.us/Home/GrandJury.aspx

ITS TIME FOR AN INITIATIVE IN WILDOMAR

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With the city of wildomar burying the public meetings for “by district” discussion behind regularly scheduled city council meetings, the lack of applicants for a Planning Commission and Measure Z Oversight Committee openings, talk of how overwhelmed city staff is with “Public Records Request” for which they provide no evidence, now is the time for citizens to act.

This initiative should be called the Wildomar Open Governance Act

(These initiatives are sometimes know as Sunshine Ordinances or Open Government Ordinances).
In numerous cases they are passed by city councils to appease citizens, the problem being they can also be changed by city councils whenever they wish. If enacted by an initiative on the local ballot they can only be changed by the people.
An example of a city council changing things when they choose can be found at http://calaware.org/awareness-area-government/milpitas-backslides-on-transparency-commitment

The purpose of this initiative is to enact voter approved local legislation to improve transparency in local government and make it easier for people to access city government so that they may be more informed about what their city is doing and so that they may be involved in a more meaningful and knowledgeable way.

The initiative should include the following:

A. Video and Audio Recording of Meetings

1. Each legislative body shall schedule regular and special meetings in a public building accessible with live video streaming capability.

2. The City Council and Planning Commission shall video record each meeting. All other commissions and committees shall audio record each meeting.

3. All meetings of the City Council and Planning Commission shall be live streamed and within one week (5 working days) of the meeting video shall be made available by webcast on the City’s website. Audio recordings should also be made available on the City’s website

4. All recordings shall remain on the City’s website for a period of at least ten (10) years from the meeting.

B. Notice and agenda requirements: Special meetings.
Special meetings of any local body may be called at any time by the presiding officer thereof or by a majority of the members thereof. All local bodies calling a special meeting shall provide notice by:

1. Posting a copy of the agenda in a location freely accessible to the public at least seventy-two (72) hours (excluding Saturdays, Sundays and holidays) before the time of the meeting set forth in the agenda.

2. Delivering a copy of the agenda and copies of all agenda-related material to each member of the local body, to each local newspaper of general circulation, to each agenda subscriber, and to each media organization which has previously requested notice in writing, so that a copy of the agenda is received at least seventy-two (72) hours (excluding Saturdays, Sundays and holidays) before the time of the meeting set forth in the agenda. Receipt of the agenda shall be presumed upon reasonable proof that delivery was made

3. In addition to the noticing requirements of this section, post a copy of the agenda for any special meeting on-line at the local body’s website at least seventy-two (72) hours (excluding Saturdays, Sundays and holidays) before the time of the meeting set forth in the agenda. Failure to timely post a copy of the agenda online because of software or hardware impairment, shall not constitute a defect in the notice for a special meeting if the local body complies with all other posting and noticing requirements.

C. Notice and agenda requirements: Regular meetings
Ten Day Advance Notice Requirement for Regular Meetings of the City Council, Planning Commission, Advisory Committees and Standing Committees shall provide notice before any regular meeting by:

1. Posting a copy of the agenda in a location freely accessible to the public twenty-four (24) hours a day no later than ten (10) days before the date of the meeting.

2. Delivering a copy of the agenda and copies of all agenda-related material to each member of the local body, to each local newspaper of general circulation, to each agenda subscriber, and to each media organization which has previously requested notice in writing, so that a copy of the agenda is received at least ten days (10) before the time of the meeting set forth in the agenda. Receipt of the agenda shall be presumed upon reasonable proof that delivery was made.

3. In addition to the noticing requirements of this section, post a copy of the agenda for any special meeting on-line at the local body’s website at ten days (10) before the time of the meeting set forth in the agenda. Failure to timely post a copy of the agenda online because of software or hardware impairment, shall not constitute a defect in the notice for a special meeting if the local body complies with all other posting and noticing requirements.

D. Meeting Agendas
1. When items are withdrawn from the agenda of a regular or special meeting after posting of the agenda but before the meeting, all paper and electronically posted copies of the agenda shall be amended to state the reason for withdrawal.

2. Supplemental Agenda and Related Materials Requirements for Regular Meetings of the City Council may amend or supplement a posted agenda or agenda-related materials no later than seventy-two (72) hours before a regular meeting and only for the following reasons or under the following conditions:

a. To add an item due to an emergency or urgency, provided the local body makes the same findings before taking action

b. To delete or withdraw any item from a posted agenda; however, nothing herein shall limit the ability of a local body to delete or withdraw an item during the meeting as long as the local body permits members of the public to address the deleted or withdrawn item.

3. Excuse of Sunshine Notice Requirements. If an item appears on an agenda but the local body fails to meet any of the additional notice requirements under this section, the local body may take action only if:

a. The minimum notice requirements of the Brown Act have been met; and,

b. The local body, by a two-thirds vote of those members present, adopts a motion determining that, upon consideration of the facts and circumstances, it was not reasonably possible to meet the additional notice requirements under this section and any one of the following exists:
1. The need to take immediate action on the item is required to avoid a substantial adverse impact that would occur if the action were deferred to a subsequent special or regular meeting;
2. There is a need to take immediate action which relates to federal or state legislation or the local body’s eligibility for any grant or gift; or,
3. The item relates to a purely ceremonial or commendatory action.

E. Neighborhood Notices
A. Any notice that is mailed, posted or published by a City department, board, agency or commission to inform those residing within a 2,500 foot radius of a proposed or planned activity that might impact their property or neighborhood shall be brief, concise and written in plain, easily understood language. The notice shall also state the name and address of the person or persons to whom written comments concerning the notice should be submitted.

B. If mailed notices are returned undelivered, the person designated to receive written comments shall investigate the reason the notice was not delivered and make additional attempts via telephone or email to contact any resident not notified.

Public Notices in General
1. Public notices shall be written in easily understood language without undefined abbreviations or acronyms and give a full description of the subject, applicable regulations, significant consequences of taking action or non-action, when and where the subject will be considered, opportunities for public comment, and where to obtain further information.

F. Mayor’s State of the City Address
If the Mayor delivers a State of the City address, it shall be given in a disabled accessible venue with, audio and video-streaming and transmission capabilities. The event shall be noticed, recorded, free to the public and open to all

G. Public Records: Access Requests and Responses
1. The City shall keep a log of all submitted public records access requests and the responses thereto showing, as a minimum, the date of the request, a brief summary of the request, the date the response was completed and the records were available, an indicator to denote if no records were available, the name of the requester (when furnished), their email address (when furnished) and the staff member(s) responsible for processing the request. Submissions which provide no method of response must still be logged-in but otherwise may be ignored

2. All requests received via any format where an email address was provided shall be sent a return email acknowledgment of the receipt within one (1) business day after the request is received. Reasonable effort shall be exerted to promptly complete requests

3. The City Clerk shall publish in the Consolidated Annual Financial Report (CAFR) the number of public records requests received during that fiscal year, the number of requests where documents were made available, the number of requests where no documents were made available, and the number of requests completed

4. Any withholding of information shall be justified, in writing, within two (2) business days of the day of the request. All withholdings shall cite the justifying legal authority and, where that authority is an exemption from disclosure under the California Public Records Act, the public interest in favor of not disclosing. A withholding on the basis that disclosure would incur civil or criminal liability shall cite any statutory or case law supporting that position.

H. Public Records: Copying Fees
1. No fee shall be charged for copies of documents routinely produced in multiple copies. e.g. Meeting Agendas and packets.

2. Reproduction charges for documents copied to the order of the requester shall not exceed ten (10) cents per page copy charges. If the direct cost of duplication, as defined by case law interpretation of the California Public Records Act, is more than ten cents per page the City shall provide documentation of that.

I. Public Records: City Business
1. Documents which constitute active city agreements/contracts entered into prior to the effective date of the act which exceed $5,000 shall be digitized in response to a public records request or as time is available and published via the internet as the electronic documents become available.
All documents which constitute new agreements/contracts with totals exceeding $5,000 shall be digitized, processed with optical character recognition and published via the internet to facilitate document retrieval.

2. All bills, claims, invoices, vouchers or other records of payment obligations, as well as records of actual disbursements showing the amount paid, the payee and the purpose for which payment is made shall be public records and available to the public.

THIS INITIATIVE MAY NOT BE AMENDED EXCEPT UPON VOTER APPROVAL

This is a work in progress, many Sunshine Ordinances contain some/or all of the following:

THE CONTEMPT IN wildomar CONTINUES

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On Wednesday night January 27, 2016 the city of wildomar held a special meeting to discuss the change over to voting “by district”.

During the comment period a question was asked about why the public has not seen the “Letter received from the Law Firm” which started this process and why was it not included in the agenda packet for the special meeting.

During the response period citizens where assured by the city clerk with the concurrence of the city attorney that the letter in question and the “City Attorney’s” response would be made available on the city website As Soon As Possible

noun. The definition of concurrence is agreement or things that act or occur together. When two people agree on something, this is an example of a concurrence of opinion.

On Thursday January 28, 2016 an e-mail response was received by a citizen of wildomar which follows. The recipient of this letter has been redacted:

From: Debbie Lee [mailto:dlee@cityofwildomar.org]
Sent: Thursday, January 28, 2016 3:30 PM
To:
Subject: District Elections Letter

Please see the attached letter which you have requested. This should be up on the website before the close of business today. Also, I have requested a copy of the response letter which our City Attorney wrote and sent. As soon as I receive that I will forward it to you.

Should you have any questions, please let me know.

Thank you,

Debbie A. Lee
City Clerk
Human Resources Manager
Risk Manager

City of Wildomar
23873 Clinton Keith Road
Suite 201
Wildomar CA 92595

951.677.7751 x215
951.698.1463 (Fax)

City Hall Hours:
Monday – Thursday
8:00 a.m. – 5:00 p.m.
Closed Fridays

www.cityofwildomar.org

All e-mail to and from the City of Wildomar may be considered public information and may be disclosed upon request.

As of 6:30 p.m. January 29, 2016 the person requesting this information has received only the “Letter received from the Law Firm” which has also posted on the city Website.
This letter was posted on this site in the previous post with a link to the city clerks page where said letter is contained.

http://www.cityofwildomar.org/uploads/files/city-clerk/elections/Alleged%20Violation%20of%20CVRA.pdf

The “Response Letter” from the city attorney has not been received by the requester above nor has it been posted on the city website. But apparently a local blogger with inside connections has posted two (2) response letters from the city attorney on their website at 2:29 p.m., Friday, January 29, 2016. Something to remember is city hall is closed on Friday’s in this town.

So much for respecting the citizens of wildomar. This is reminiscent of the fence being removed from Windsong Park before any of the security measures were in place or residents bordering said park were notified.
(Portions of the fence were left in place to secure the porta-potty and hold the plastic signs containing the park rules)

LEGAL BUT SO WRONG

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That city council members may conceal their communications on public issues by sending and receiving them on their private devices from private accounts.

This issue is currently under review by the Supreme Court of California in City of San Jose v. Superior Court, S218066, this is as a result of a petition filed with the court on May 7, 2014.
See http://www.courts.ca.gov/13648.htm
(Download Pending Issues: Civil)

Despite this review of several earlier court decisions, one pro and one con for making communications from personal devices and accounts public records.

Cities do have an option.

A key section of Public Records Act itself, which explicitly provides (Government Code section 6253 (e)): “Except as otherwise prohibited by law, a state or local agency may adopt requirements for itself that allow for faster, more efficient, or greater access to records than prescribed by the minimum standards set forth in this chapter.”

City Councils could enable digital transparency locally regardless of what the Supreme Court or Sacramento lawmakers do or don’t do.

http://www.lbreport.com/editorial/mar15/edsun.htm

California’s get a D- in public access to government finances and information, or government transparency, this reflects the difficulty citizens, journalists, and watchdog organizations have holding their officials accountable. The cost of gaining access to public documents, including often lengthy delays, presents roadblocks to independent oversight of government activities.
Per http://www.stateintegrity.org/california

It is time to ask that city leaders update and strengthen public records systems to make them more accessible. Public records requests in some instances reveal corruption.
Two reporters demanded by threat of a lawsuit that the officials hand over accurate financial records. With these records in-hand, the reporters soon brought the corruption to light. The city officials were stopped, indicted, and convicted.
The corruption could have emerged sooner had the public demanded accurate records earlier. If the city’s financials were more transparent, then the problem may have never occurred in the first place. Transparency deters officials from committing corruption because the public will hold them accountable.
The City of Bell, California in 2010

See http://cacs.org/research/depth-look-public-corruption-california/

The First Amendment Coalition has prepared a simple model policy to address this issue.

1. All agency staff, when communicating by email on agency business, must use the agency’s email system and server OR copy such emails to an address on the agency server.

2. All email on the agency’s email server will be preserved for a minimum of TWO years.

3. The storage of emails on an agency server does not affect their status under the California Public Records Act (CPRA). When responding to a CPRA request for emails, the agency may consider the applicability of any relevant CPRA exemption.

http://firstamendmentcoalition.org/2014/06/facs-model-email-policy-for-local-governments

Please e-mail you City Council person, using there official city e-mail account and implore them to adopt the three recommendations above.
The official e-mail addresses for the Wildomar City Council can be found at: http://www.cityofwildomar.org/city-council.asp

PLANNING COMMISSION VACANCY IN WILDOMAR

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On September 24, 2015 the resignation of Planning Commissioner Bobby Swann III was accepted by the Wildomar City Clerk Debbie A. Lee, CMC.

The above is a personal opinion of what happened to the previous occupant of this position

A vacancy exist which will be appointed by Mayor Pro Tem Moore. The term of this vacancy is an unexpired term which will end in December, 2016.

On September 26, 2015 at a Special City Council Meeting for the City of Wildomar by 4-0 vote it was directed that applications be accepted until 5:00 p.m., on Monday September 28, 2015.

http://www.cityofwildomar.org/uploads/files/minutes/08-26-15-cap.pdf

The Planning Commission is comprised of five members and serves at the pleasure of the City Council. Each Council Member appoints a member to the Planning Commission,
which is then voted upon by the entire City Council.
Planning Commissioners will be expected to attend regular
Planning Commission meetings. Planning Commission meetings are held on the first Wednesday of each month, starting at 6:30 p.m.

Qualifications for Planning Commission are:

1) Must be a registered voter in the City of Wildomar;

2) Must be a resident within the City limits of Wildomar;

3) Must be a resident within the City limits of Wildomar for the year immediately preceding the inception of his/her term; and

4) May not be an employee or officer of the City of Wildomar.

If you are interested in applying for the position of Planning Commissioner, please complete the application and supplemental questionnaire (must complete both forms) which can be picked up at City Hall, 23873 Clinton Keith Road, Suite 201, Wildomar;
Call 951/677-7751 and an application will be sent to you; or download it from the City’s website at
www.cityofwildomar.org.
All applications must be returned to the City Clerk no later than 5:00 p.m., on September 28, 2015

For your convenience both forms are available for download below:

Application Form

http://www.cityofwildomar.org/uploads/files/documents/PC-Application.pdf

Supplemental Questionaire

http://www.cityofwildomar.org/uploads/files/documents/PC-Application-Supplemental.pdf

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PLANNING COMMISSION VACANCY IN WILDOMAR