Yucca Valley to Appoint Another Council Member

Yucca Valley, Ca.- In a “Special Meeting” called right after the recess of  Tuesday night’s Yucca Valley Town Council meeting, Mayor George Huntington brought forth the issue of filling the vacated seat of Mayor Pro-tem Frank Luckino.  This item was not listed on any agenda, nor did I receive any “Notice of Special Meeting, ” nor was there any Staff report or public comments. According to the Town Clerk, the notice was posted on Monday, the day before this meeting and I am waiting to find out more details as I write this story.  I have sent a second request prior to publishing this.

Council member Dawn Rowe said it should go to a special election or leave the seat vacant.  Appointed Councilman Merl Abel said they should pick one from the previous group of citizens that applied when he was selected.  Mayor George Huntington said they have set a precedence to appoint and Councilman Hagerman also agreed to appoint.

Their dilemmas are as follows:

The Yucca Valley Town ordinance to address filling a vacated seat will not take effect until July 21st and the Yucca Valley Town Council is dark in July.  However, they must appoint someone to be seated at their August 2nd meeting.

Adding to this mix, they have decided to  appoint a Mayor Pro-tem which is really complicating things since they changed the Mayor rotation that was put in place when our first Town Council members met.

I would like to see Mayor George Huntington serve a second term at the helm to keep these newbie elected/appointed Council members on course.  So hopefully they will nominate and elect Council member Dawn Rowe to serve as Mayor Pro-tem for the remainder of this term and again at the right hand of a hopefully second term Mayor George Huntington.

Since Town Manager Mark Nuaimi’s arrival, the selection of Parks & Recreation and Planning Commissioners has been made political to serve at the pleasure of the elected/appointed Town Council members.  Luckino’s Planning Commissioner, Tim Humphreyville may be shown the Exit door unless he can manage to convince his Town Council BFF buddies to appoint him. There are so many other very qualified applicants to serve on the Council that I do not see that happening.   

The way things have been set up, there is no continuity or stability on the Planning Commission or Town Council as I see it.  This dismantling of our community has isolated the elected leaders from the citizens and those that volunteered to serve on Town Commissions.

Applications will be accepted to fill Luckino’s balance of his term to November 2012 and the previous applicants will be contacted to verify their interest.

More details in a separate story regarding the final date to apply, the website link for the application and any further information for the Special Meetings to select the finalists.

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24 thoughts on “Yucca Valley to Appoint Another Council Member

  1. Gary Daigneault

    Margo..
    wrong again, a legal agenda notice was sent out well within the requirements of the State’s Open Meeting laws. Z107.7 news had the special meeting on the news all day prior to the meeting.

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    • Margo Sturges

      Gary D.-You DID NOT have the special meeting on the news ALL day prior to the meeting. Are you confused with the facts?

      You received the FAX after your 12 noon news time slot, so at the most you would have broadcasted it at 4, 5, and 6 pm. That figures out to only three times in the afternoon, you think?

      Here is the official report from Town Manager Mark Nuaimi to verify the date and time of the “Special Meeting” noticing:

      “I have the FAX report in front of me that notified local media, Chamber of Commerce, and HDWD on June 20th from 1:02 to 1:09 PM.”

      Any questions?

      That reminds me, I need to put some “bug spray” on my shopping list.

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        • Dan OBrien

          Just for clarification and not trying to pick a fight.

          So what you are saying is you sent out a Fax on the afternoon of the 20th, about a meeting to be held on the 21st, But the only one (KCDZ-FM) that seemed to receive it did not publish the NOTICE until at best 0700 of the 21st or about 10 to 12 hours before the meeting. Do I have that Right?

          What is the Brown Act Requirement here?

          PS… You seem to never have a problem contacting me by email. You have sent me quite a few emails.I was wondering would it not have been better to have sent an email to the “Media” email list and have been done with it?

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          • Dan OBrien

            Hell come to think of it Mark, you are an Author here and could have posted the notice yourself on the front page.

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          • Wally Peepers
            Wally Peepers June 24, 2011 at 6:49 am -

            Seems Mr. O’Brian has raised a Brown Act violation from the Master of Ceremony of Power Politics.

            What are you pussies in Yucca Valley going to do about it. Continue munching on desert grass like a bunch of docile sheep?

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            • Dan OBrien

              Now I asked a couple of questions but I did not I believe make the leap of saying it was a Brown Act Violation, Mr. Peepers.

              That would be above my pay grade.

              That could only be determined by someone in Yucca Valley that has a dog in the hunt to file a complaint with the FPPC or the Attorney General of the State of California.

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      • Margo Sturges

        1. The issue is- Was this Special meeting “Noticed” 24 hours before the Tuesday Town Council Meeting?

        2. Z107.7 Ran the story the DAY OF the Town Council meeting on Tuesday, June 21, 2011, which would not meet the 24 hour requirement of calling a Special Meeting.

        3. From your own website:

        “Listen To Your News Tuesday, June 21, 2011 News Archive

        SMUGGLING FIREWORKS CAN LEAD TO SERIOUS JAIL TIME
        As the Fourth of July approaches, plans are being made not for celebrations, but on how illegal or misguided entrepreneurs can make a fast profit by smuggling illegal fireworks into California…
        …Read Full Story…

        YUCCA VALLEY TOWN COUNCIL MEETS AS BOTH COUNCIL AND REDEVELOPMENT AGENCY
        A very busy Yucca Valley Town Council meeting runs the gamut from how to appoint to a vacant council seat, eminent domain on local property to a pawnbrokers license…
        …Read Full Story…

        SPECIAL YUCCA VALLEY TOWN COUNCIL MEETING TO DISCUSS COUNCIL VACANCY
        A special meeting of the Yucca Valley Town Council has been called tonight immediately following the regular Town Council meeting…
        …Read Full Story..”

        4. There was NO story posted on your website for the DAY BEFORE on Monday June 20, 2011. Besides, we now know from Mark Nuaimi, a fax would have arrived in the afternoon after 1 pm.

        Again, see point # 1.

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  2. Mark Nuaimi

    Gary,

    Thank you for the confirmation. I have the FAX report in front of me that notified local media, Chamber of Commerce, and HDWD on June 20th from 1:02 to 1:09 PM.

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    • Dan OBrien

      I’m starting to feel left out…. I looked at my June 20 inbox and nothing…. What am I an Orphan? Send that stuff to newstip@cactusthorns.com be happy to post it.

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      • Richard Myers

        chopped hot dogs instead of chopped liver, you are being shunned

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    • Margo Sturges

      Notified by Fax? At 1:02 to 1:09 PM? Yes, this would meet the requirement of a 24 hour notice for a Special Meeting.

      I usually am notified by email, not by Fax. Yep! Checked my email notices from HDWD, media requests and the Chamber, nothing received from them either.

      I sent two inquiries to the Town Clerk and did not hear from her when I asked where and when the notice was posted.

      Here is my polite inquiry to our Town Clerk:

      From: MargoSturgesYV@aol.com
      Sent: Wednesday, June 22, 2011 1:12 PM
      To: Jamie Anderson

      Subject: “Notice of Special Meeting”

      SENT VIA EMAIL

      Town of Yucca Valley

      Jamie Anderson, Town Clerk

      Re: Yucca Valley Town Council Meeting
      June 21, 2011

      Hello Jamie,

      I was reflecting on last evening’s Town Council meeting and I have some questions.

      Mayor George Huntington recessed the Town Council Meeting and then called for a “Special Meeting” to discuss the process to fill the vacated seat of Frank Luckino.

      There was no Staff report, nor was it opened up for public comments. Additionally, I checked my emails and did not see any Notice for this Special Meeting.

      Would you please explain the process to me?

      Thank you,

      Margo Sturges

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  3. I believe Councilwoman Dawn Rowe said that she was not favor of a special election or of leaving the seat vacant.

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    • Margo Sturges

      Thanks Rebecca! After sitting in this meeting for nearly three hours, I went to the back of the room to stand and had turned off my digital recorder.

      I was surprised to hear the “Special Meeting” called, nor was it opened for public comments.

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  4. Gary Daigneault

    This would not be the first time Margo was invented “facts” to make her posts fit her agenda. Obviously telling the truth is not her priority.

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  5. Dan OBrien

    I’m gone for four hours and all hell breaks loose. :-)

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  6. Richard Myers

    how do you define local media? I’m guessing Dan does not count?

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    • Dan OBrien

      Well I am credentialed with The city of 29 Palms, The Sheriffs Department, The CMC, MCAGCC, and several other government organizations so I am thinking it was just an inadvertent flub up…. At times I even get press releases from the town of Yucca Valley…. But not that time I guess.

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      • Margo Sturges

        DanO, was YOUR fax machine turned on? I tossed my out five years ago along with my Roladex and Xerox machine.

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        • Dan OBrien

          Still have a Rolodex and a xerox…. but I’m 100% Cellular and have been for 5 year or more. Even my Internet comes in wireless.

          By god I’m not taking a step back in technology, always forward!!!

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  7. Richard Myers

    why do I feel like Mark is dancing, fax? really now, does he still use a phone with one of those round dails on the front too?

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  8. Mark Nuaimi

    For someone who claims to have had so much training and does so much research, how hard is it to Google the subject — “Special Meeting Noticing Requirements”?? When you do, you will find links to the Attorney General page that explains the Brown Act and noticing requirements for meetings. Follow the link to:

    http://caag.state.ca.us/publications/2003_Main_BrownAct.pdf

    Special Meetings
    Under the Act, the presiding officer or a majority of the body may call a special meeting. So long as substantive consideration of agenda items does not occur, a majority may meet without providing notice to the public in order to call the meeting and prepare the agenda. (216 Sutter Bay Associates v. County of Sutter (1997) 58 Cal.App.4th 860, 881-882.) Notice of a special meeting must be provided 24 hours in advance of the meeting to all of the legislative body members and to all media outlets who have requested notification. (§ 54956; 53 Ops.Cal.Atty.Gen. 245, 246 (1970).) The notice also must be posted at least 24 hours prior to the meeting in a location freely accessible to the public. The notice should indicate that the meeting is being called as a special meeting, and shall state the time, place, and business to be transacted at the meeting. No other business shall be considered at the special meeting.

    As you’ll notice, this does not require that the media outlet carries the notice 24 hours prior to the meeting. It just requires that the Town notifies media outlets that have requested notification over 24 hour prior to the Special Meeting. The media outlets who were FAXed were the one’s that have completed the request. Mission accomplished.

    If another media outlet wishes to be included, feel free to contact the Town clerk and make the request. I’ll need to confirm with our attorney whether a blog is considered a “media outlet”… that hasn’t been something I have looked into just yet. Perhaps Dan has already confirmed that a Blog is considered a media outlet by the state attorney general.

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    • Branson Hunter June 24, 2011 at 8:07 pm -

      Really, Mark. You want to check with an attorney to fax a a press release to a newsblog like Cactus Thorns. C’mon man. You must believe people are really stupid. However, no problems shortchanging the voting democratic process by appointing two council members or proactive efforts to get around a 2/3 vote to increase taxes.

      You are joking, right? Legal advise to send out a press release… .

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