On Tuesday, September 5, Council finally had an opportunity to address the Constitutional Due Process issues in the Brea Municipal Code but, thanks to inadequate staff input and a major distraction from Council member Vargas, they were thwarted.
After a year of sidestepping the issue, City Manager Gallardo and City Attorney Markman continued trying to wriggling out of honestly facing the music by submitting conflicting statements to launch Council’s discussion.
Gallardo said he believed the Brea Municipal Code and Code of Conduct were in conflict (not the root issue), Markman disagreed completely… denying that any contradiction existed and doubling down on his assertion that there was no threat of Constitutional violation because termination of Commissioners and Committee members is made without cause.
The greatest roadblock to Council having an intelligent discussion was the almost incoherent ranting by Council member Vargas. He not only derailed the discussion, he added to his list of “causes” for dismissal which crushed Markman’s position. In addition, claims made by Vargas were fabrications… figments of his imagination.
Everyone in the room must have recognized that, especially Vargas. Assuming he hadn’t forgotten the truth, he must have known just how far he stretched it.
Ultimately, thanks to Council’s unwillingness to be intimidated and the Mayor’s taking control of the discussion, the decision was to continue the item until staff could provide additional information. Hopefully staff will also make some attempt to get on the same page with each other.
I’ll leave follow-up on the real issues until they hit Council’s agenda again and turn my attention now to poking holes in the spurious allegations and remarks being tossed about by Mr. Vargas.
The Letter of Dismissal
I’ll work my way through the “causes” cited by Vargas in the letter.
- “… our initial agreement was a two year assignment” – No such agreement was ever made. No member of Council has the authority to make such an agreement and, if they were authorized, the BMC would state so and the “deal” would obviously have to be disclosed when the nomination is made. Never happened.
- “… allow you some closure from past experiences as a Commissioner, unfortunately I am not in a position to continue the redemption any further” – A complete non sequitur. My seven year history as a Cultural Arts Commissioner, as Chair of this Commission and it’s representative on Art in Public Places and the Senior Citizen Advisory Board is extolled at length in the commendation I received from Mayor Roy Moore in 2011. I needed redemption for nothing.
- “… (for) 3 months, I have attempted to communicate with you on numerous occasions via text and phone calls” – Hogwash. Once or twice a month Vargas would call me as he headed home from work at Port Hueneme and we would talk about various matters until he typically said, “Well Clark, you got me home safe and sound again.”
The last time we spoke we discussed his plans to put Term Limits on the ballot as a proposition. He refused to consider discussing his plans with Council. I told him it was a stupid idea, that it was an obvious attack aimed solely at Council member Simonoff. Finally, he agreed to drop the idea and the discussion ended.
Four days later the City Council meeting erupted in heated, angry exchanges with Vargas when he announced his intention to collect signatures via a third party contractor for a ballot initiative on Term Limits. When Vargas called me after the meeting I was too angry to take the call and let it go to voicemail. I did the same with the other half dozen attempts Vargas made over the next hour or so.
He texted me once the next day asking why I was dodging his calls. I texted back that I hated getting lied to and would need a few days to let my anger subside. I never heard from him again until I received the letter of dismissal… 36 hours after almost everyone in Brea seemed to get it. Must have been a massive BCC list.
- “…your reluctance to keep me informed of pending issues does not allow me to provide effective service as a council member.” – So, Breans have been under represented for almost a year now. Good to know. Don’t cross your fingers for the Mayor Pro Tem’s seat and we all know what to do when the 2018 elections come around.
During the first year of Vargas’ current term, as I would come across articles online relevant to current or impending city matters, I would email a link to Vargas… who seemed to have neither the time nor skills to do his own research. I did this maybe once or twice a week. I was surprised to hear he was unable to “provide effective service” without my help.
Fast Forward Almost a Year.
I mentioned the rants Vargas inflicted on everyone at last week’s study session, that they were laced with the same sort of groundless statements as are found in the dismissal letter.
- Only after repeated badgering by members of Council and City Staff did he feel forced to dismiss me. – Vargas was immediately challenged on this by the Mayor as being complete nonsense. Never happened.
- Vargas claimed to have “cleared it with” Gallardo and Markman before he sent the dismissal letter… a weak attempt to imply their approval. Gallardo and Markman preserved their “plausible deniability” by answering Vargas’ email inquiry by phone. A common practice down at city hall. However, Gallardo told me later that he attempted to talk Vargas out of the dismissal but failed and that Markman merely confirmed the appropriate BMC reference.
- Vargas said he discussed health issues with me, asking me to resign, and was compelled to terminate me because I would not resign. A year ago my health was not an issue, we never had such a conversation. This is total b*llsh*t.
- Vargas stated that he appointed me because of my experience with affordable housing while working for Quaker City Bank. (No Steve, that was Ron Garcia, your first appointment to the Planning Commission in 1998.) We never discussed housing of any type prior to or following my appointment to the Planning Commission. I have never worked for Quaker City Bank, or any bank, but did handle branding and advertising for Landmark Bank in La Habra when it launched in 1979… 38 years ago.
- Vargas protested my use of the California Public Records Act (CPRA) to obtain information leading to my “due process” probe and aggressively demanded “cost accounting” from the City Clerk, City Manager, City Attorney and Director of Development for the staff time required to respond to my inquiries. He was summarily put in his place by Council member Simonoff who reminded him that it was wrong to chastise the public for the cost of complying with a public records request.
- Vargas accused Council of wasting time on an issue that only a “blogger” cared about. Really? Council’s oath of office swears to uphold State and Federal Constitutions! If there is even the slightest possibility that the BMC is in conflict they are bound to investigate regardless of where the challenge came from.
Council does what’s right.
Given all that occurred last Tuesday, Council did what was right. I trusted that they would and they didn’t let me down. They continued the item and tasked staff with bringing them additional relevant information.
This is far from over folks and no loose canon is going to dissuade me from pursuing the truth or bully Council into sweeping this under the rug.