City Council - Special Meeting

I call to order the April 21st, 2026 special meeting of the Weer City Council at 6 27 37 Victor. Okay. Please rise for the pledge of allegiance. I pledge algiance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all.

Okay. Before we begin tonight's meeting, please note that digital copies of the packet are available on our website. A QR code is provided just outside the door on the top or on the top left corner of the YouTube video. Open your phone's camera to scan the code and access the packet that way. Madame Clerk, will you please call the role? Thank you, Mr. Mayor. Mrs. Borg here. Mr. Wagner here. Mr. McCalto absent. Mr. Pinkush here. Mr. Denmark absent. Mrs. Salone here. Mayor Shen here.

You have a quorum. Thank you. Citizen comments on any agenda items except those scheduled for public hearing are welcome at this time. Those who have signed in will be given the first opportunity to speak. Please note this is a time um to listen and not for a dialogue is a time for you to speak and the council to listen. Madame clerk, does anyone sign in for citizen comments? No. Thank you. Anyone present in the audience who wishes to speak on any agenda items at this time?

Okay. Is there a motion and a second to approve this evening's special agenda? I'll make that motion. Second. Hey, a motion and second have been made to approve the special agenda. Is there any discussion on the agenda? Any additions, deletions, or Okay, hearing none. Will the clerk please call the role? Voting on the motion to approve tonight's special meeting agenda. Mrs. Borg, yes. Mr. Wagner, yes. Mr. Pinkush,

yes. Mrs. Loan, yes. Mayor Shen, yes. The motion passes and the special meeting agenda is approved. At this time, does anyone wish to declare a substantial financial interest in a matter appearing on the agenda? If there are none, uh, I do wish to declare interest.

Oh, sorry, Tom. Um, there are there are leases that are expiring that have um owned by a Joe and Yenwin Shen and those are my parents and I wish to declare um a conflict of interest Apologies, I should have written I should have pulled it up before the meeting, but um the definition of a um substantial financial conflict of interest is only if it's you or an immediate family member. And the definition of an immediate family member is um your spouse or your children, but does not include your parents. The council will still need to vote as to whether or not Mr. Shen has Mr. Mayor has a conflict of interest. Are you ready to vote on the question? Okay. Voting on the question, does Mr. Shen, Mr. Mayor Shen have a substantial financial conflict of interest in uh leases? Mrs. Loan?

No. Mr. Pinkush? No. Mr. Wagner, no. Mrs. Borg, no. Mayor Shen.

Yes. Um, council has determined that Mr. Shen does not have a financial conflict of interest in the leases. Okay.

Thank you, Madam Clerk. Uh, special meeting business. Um, meeting business? None. Okay. Council comments. Jimmy, Tom, Lauren. Okay. Is there any citizens or discussion? Of course. Sorry. Is there anyone in the audience who would wish to speak at this time? Thank you, Madam Clerk. Okay,

the next item we have is executive session. Is there a motion to and a second to enter into executive session to discuss leases as per Whittier Municipal Code 2.08.040 B2 matters that would tend to injure the reputation of a person provided. However, that person may request a public discussion. And is there a motion in a second to enter into executive session to discuss leases as per Whittier Municipal Code 2-08-04 B1 matters that if immediately disclosed would tend to adversely affect affect the finances of the city?

Mayor May I recommend that you simply so generally speaking the comp compliance with lease terms does not affect the reputation and character of an individual. I understand that the um city administration spoke to an individual to let them know that they were having an executive session to give them the option to have this in public. But I that is generally speaking not a uh something that impedes the reputation and character. I don't think that's the purpose of that executive session. So I would recommend that that executive session title be changed and be more specific to ensure compliance with the law which would be something like a exe the motion to enter executive session to discuss a lease between the city and RC Collins um for matters of which and I think your financial harm language is um um matters that if immediately disclosed those would tend to adversely affect the finances of the city. So I would recommend I I can say that in sort of one sentence so it could be adopted and put forward by a council member if that would be helpful. I think I kind of jumped.

Yes, that would be okay. So, a motion to enter into executive session to discuss the leases between the city and RC Collins, matters of which uh if immediately disclosed would tend to adversely affect the finances of the city per Whittier Municipal Code 2.08040. Mhm. And it is okay to say what the attorney said and that and then um any city clerk can do that. Okay. Yeah. Thank you. Do we have a motion in a second?

I'll make the motion. I will second.

Any discussion? I have a point of order that is not related to that, but I want to clarify the conflict of interest. Does the conflict of interest specifically state because Victor does fall into that category except the owner of the property is the father rather than the son. So my question is does it matter? It's still the same relationship. Does it matter if it's the owner if the owner is the council member or the owner is the father. Does that make sense? I because a relationship does exist. Holly, I could read it

if you'd like.

Okay. So the definition of an immediate family member means one the spouse of the person, two a life partner or person cohabitating with the person or three a child including a stepchild and an adoptive child of the person. Okay. So we look at it from the perspective of the person casting the vote. But the other component is when we look at conflict of interest. We look at our code, but we also consider common law. We consider if we're making decisions under our government actors, what would be the analysis under a procedural due process analysis because we're not really sure where that will fall. and we have court cases that that go to that um that that apply common law rather than your code um or state law. So in in that circumstance, we have to think about whether or not a reasonable person would be influenced by that decision. And truthfully, parents have come I've had communities that go one way or the other. But we're fairly confident that in a community the size of Whittier, it's much more common to keep the conflict of interest analysis to a person's immediate household. Otherwise, it can get very um very hard to get uh disinterested votes because it's small small community.

All right. right when you said me when um household that puts a different light on. Thanks. Um I just want to make a quick comment on that uh topic. Um I understand what the the language is and I I know what the intent of the language is and I appreciate your um caution. Um, and even though the language doesn't support it, I know where you're coming from and I agree with you, but that's not how it was written. So, I wouldn't want to was my dad. I wouldn't want to face him.

Okay. Um, I have a second point of order before we go. I'm trying to catch before we go into executive session. So I have authorization unofficially to be RC's power of attorney trying to sort out his properties. So is that a conflict of interest with what we're going in executive session for? That's kind of like you being RC.

I think that is actually a very astute way to put it. Um because what we generally find is if a person has a power of attorney, they in essence stand in the shoes of all of the interests of the individual. So to the extent you have agreed to take on and fight for and advocate for RC's interests, I think that the council absolutely has to recognize your representation in the sense that you may speak um you know any opportunity there is for RC to engage with the council in negotiations or in comments, it's appropriate for you to kind of take your council hat off and step down and say, "Okay, let me tell you where I'm coming from there." there, but I would not be appropriate for you to enter executive session or to vote um and participate in the the executive session designed to in essence allow council to think about the terms and conditions of the agreements with RC. That said, you should absolutely feel free to step up during comment and share that. I it that's not really it's not a legal power of attorney. All it really is is that I'm helping him coordinate his finances with the city. So it really is not it doesn't have I don't know if it's with the lease if it's a conflict or not. I mean right now I'm trying to get him get his he just did it. we're getting is um bank statements to care compare them to the cities because there's a different opinions of that and that's really the limit of it. But I don't know. Well, and I think one of the questions too is if the decision came down to something that was looking specifically at the financial interest of the city

and you think it would be harmful to the financial interests of Mr. Collins, you know, would it be would you have a difficulty balancing the two? And so if the answer is no, I I recognize my role here, then there's sort of that I mean I would that that just sort of begs the question, does Mr. Collins know that, you know, as much you know, as much as he's relying on you for that representation or that voice, is there a problem there? So, I what I would recommend is that you declare a conflict of interest based on your representation of Mr. Collins and abstain from voting or participating in the executive session. Um, however, to the extent you want to participate in that role, I think that would be more than appropriate.

Okay. So, I will declare that a conflict, but I will state that what she said is whether it affect my vote. The answer is until I know the um financial situation between the city and RC I without knowing that I don't know how I vote. In other words, RC is claiming that he's made payments that were not credited to his account. And I've been working on this for weeks and I've asked the city for the information multiple times and I've asked RC for it multiple times. So I don't have a um I can't really do much without that determination to begin with. But anyway, I'll declare a conflict.

And so yes, so council still needs to weigh. I mean, as you can see, Council Member Pin Kush is sort of it's not as black and white as him being the legal power of attorney, but he's has the role of power of attorney. You hear my recommendations, but you also hear him kind of presenting to you what he is struggling with. So, it then council needs to just sort of vote on whether or not there's a conflict of interest for purposes of this executive session.

Mr. So, I did receive a written signed notice saying that Mr. Mr. Collins was giving his power of attorney and on the basis of that document um have entered into some discussions that I would not have entered into with somebody who didn't have a signed document because if you don't have a signed document then I can't talk to somebody else about your finances. So, I just want to make that clear that we do have a signed document that we've relied on. And so, I'm not trying to influence the outcome, but only to say we I've taken the position that that is an official authorization of power of attorney being assigned to somebody and have acted on the basis of that. So, um I just want to make that clear. Where are we? We have a vote on going into executive session and then now we have a vote on a conflict as well.

Yes. Um how do how should we go forward here? The we should definitely dispose of the vote on the conflict of interest first. Okay. So that is does Mr. Pinush have a substantial financial conflict of interest in the executive session regarding Arthy Collins leases? Ready to vote, Mr. May? I guess. Oh, go ahead. You're asking if it has a financial conflict of interest. The same as we asked for you.

Are you getting paid? The part of the issue here is not so this is not the same analysis as your as your conflict of interest. You have a person who's standing in the shoes legally of the person who you are going into executive session to you know discuss the terms and conditions of a contract with that person. So this is this lives in a world somewhere between quasi judicial and legislative. When we deal with leases we're entering into an agreement with one individual. Executive session is governed by the open meetings act and so what we can do and who we can keep out or bring in of an executive session and when you are authorized to hold it is influenced by the conflict. So you're voting on the conflict

in sort of a completely different realm. The only other time you'll vote in a similar conflict of interest situation is so we're looking at a representative agreement will be in a quasi judicial realm, you know, and it's has more of a bias overtone to it than alysis does. Okay. Ready to vote? Mr. Mayor, clerk, please call the role. Voting on the question, does Mr. Pinkush have a substantial financial conflict of interest in the executive session regarding RC Collins leases. Mrs. Loan,

again, I'm sorry, I just have to interrupt. Which does the um does council member Pinish have a conflict of interest? It's not a substantial financial conflict of interest mainly because it's based on his representation. So, just so we have it, I'm sorry. So, the question is, does Mr. Pinkush have a conflict of interest in the executive session regarding RC Collins leases.

Can I we have discussion that for a second? So with everything I've heard, my answer is I won't know the answer to that until we just and until I know what we're discussing and we're going to executive session on a lease. I don't know what it's about. So the answer is I don't until I see it. Well, I'm going to vote no because I don't see it yet. And so the legal position is that when you take on representation of another individual, you stand in the shoes of that individual. And it would be an appropriate for city council to have an executive session in which they had the leaseholder in the executive session because the purpose there is to keep the public out of that executive session which is a violation of the open meetings act. Right. So we only we only or hold executive sessions to protect the financial interest of the city in these types of negotiations or contracts. That's the argument. Feel like there's a lot of layers to peel back here with all this discussion that's being brought up for here. Um, you guys have any questions for clarification? Okay, go ahead, Jamie.

So, if if RC could have been here himself, he wouldn't be allowed in. Okay. All right. Thank you. Voting on the question, does Mr. Pinkush have a conflict of interest in the executive session regarding RC Collins leases? Mrs. Loan, yes. Mrs. Borg, yes. Mr. Wagner, yes. Mr. Pinkush, yes. Mayor Shen, yes.

Council has determined that Mr. Pinkush does have a conflict of interest in the executive session regarding RC Collins leases. So, mayor, while you read both of the titles in, I my recommendation would that we um go into the first executive session with the ability for Council Member Pen Kush to come back for the second one because they're total different processes. So, um, if you could just go back into deciding on whether or not to go into executive session for that first title would just make it a little bit easier, I think, on us as well as um, Mr. Penush.

Okay. And remind me, have we voted on going into executive session yet? Not yet. Okay, it's all on the floor. Thank you. Well, Madam Cler, will you please call the role on that motion? Voting on the motion to enter into executive session as per the legal council's wording. Mr. Pinush. Oh, I'm sorry. I'm sorry. Mrs. Loan. Yes. Mr. Wagner. Yes. Mrs. Borg. Yes. Mr. Mayor. Yes.

The motion passes. And uh who would you like to stay? Uh we'd like to invite our legal team, our city manager, finance director, harbor master, um assistant city manager. Council enters into executive session at 6 o'clock p.m. Hang on a second.

A motion has been made by Miss Loan and seconded by Mr. Wagner to exit executive session. Is there any further discussion? Seeing none, voting on the motion to exit executive session. Mrs. Loan, yes. Mr. Wagner, yes. Mrs. Borg. Yes. Mayor Shen,

yes. The motion passes and council exits exe exits executive session at 6:41 p.m. Is there a motion in a second to authorize and require the city administration with city attorney assistance to enforce the terms of the leases 90089, 90028 and 90015 between RC Colin and the city and to pursue remedies available under the leases or at law, including termination, including without limitation termination.

I'll make the motion. I'll second that. Any discussion? Madam clerk, will you please call the role? Voting on the motion to authorize and require the city administration with city attorney assistance to enforce the terms of the leases 900890028 and 90015 between RC Colin and the city and to pursue remedies available under the leases or at law including without limitation termination. Mr. Wagner, yes. Mrs. Borg,

yes. Mrs. loan. Yes. Mayor Shen. Yes. The motion passes and the city administration is so authorized. A motion to enter a second executive session. I will second. Was yours the first or you? I was looking for a motion. I'll make the motion.

One of the questions I would have is, is there a way to notify Council Member Pinkush that we're going into the second executive session? Okay. I just want to So, we might want to say that for the record or just put it on the record since he was Yeah. Okay. Okay. Thank you. So make sure the clerk notes that for the record since he did was abstaining completely from that executive session. So ready to vote and then um we're asking to stay all the same members from before. Yes.

Okay. Voting on the motion to enter into executive session to discuss leases as per Whittier Municipal Code 2.08.04 OB1 matters that if immediately disclosed to attend to adversely affect the finances of the city. Mrs. Loan, yes. Mr. Wagner, yes. Mrs. Borg, yes. Mayor Shen, yes. The motion passes and the council enters into executive session at 6:44 again.

Mrs. Loan made a motion to exit exe executive session and Mr. Wagner seconded. Ready to vote. Voting on the motion to exit executive session. Mrs. Loan, yes. Mr. Wagner. Mrs. Borg, yes. Mr. Mayor. Yes.

The motion passes and council exits executive session at 7:04 p.m. Is there any further business to be conducted? None seen. Um this meeting is adjourned at 708.