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HomeMy WebLinkAbout1988-03-22; City Council; 9350; Response to Grand Jury ReportI s a� 41 41 W 41 b 0 41 P 0 a� 4j a, N rl 14 O 41 .-1 u sr 0 0 ` U 00 00 1 N N M Z 0 F.. U a Z 0 0 OF CARLSBAD -- AGENEO BILL AB # fJ-1-10 TITLE: MTG. 3/22/88_ DEPT. CM RECOMMENDED ACTION: RESPONSE TO GRAND JURY REPORT e c1r) DEPT. HD. CITY A1TY U CITY MG . Authorize the Mayor to sign the attached letter responding to the 1987-88 San Diego County Grand Jury Report No. 2, entitled "City of Carlsbad - The Ralph M. Brown Act." ITEM EXPLANATION: On December 29, 1987, the 1987-88 San Diego County Grand Jury issued a report entitled "City of Carlsbad - The Ralph M. Brown Act." This report was in response to a complaint concerning the attendance of four members of the Carlsbad City Council at a luncheon held on June 10, 1987. The attached letter responds to the Grand Jury's report. EXHIBIT: 1. Letter to Mr. Edward C. Malone, Foreman, County of San Diego Grand Jury, from Mayor Lewis, dated March 23, 1988. 2. 1987-88 San Diego County Grand Jury Report, dated December 29, 1987. M 9 n I ' 1200 ELM AVENUE CARLSBAD, CA 92008.1989 Office of the Mayor • Cnit� tii Cnttrl�bttd March 23, 1988 Edward C. Malone, Foreman COUNTY OF SAN DIEGO GRAND JURY 220 W. Broadway, Room 7003 San Diego, CA 92101-3875 RE. 1987-88 San Diego County Grand Jury Report No. 2 Entitled: "City of Carlsbad - The Ralph M. Brown Act" Dear Mr. Malone: We ar? in receipt of your Report No. 2 on the City of Carlsbad. TELEPHONE (619) 434-2830 In response to your Report No. 2, 1 personally reassure you the Carls- bad City Council is and has been a strong and consistent supporter of the Ralph M. Brown Act and spends considerable time and effort to see that the intent of the Brown Act is followed. We believe the electorate can and will have the highest confidence in its policy leaders when meetings are publicly noticed. In this light we have welcomed your concern and investigation of an alleged violation of the Brown Act by the Carlsbad City Council as a clarification of any misunderstanding. I do, however, feel compelled to reiterate my previous comment that "...the lunch was a social event and not a meeting. No deliberation occurred. No two council members sat together and the staff sat at different tables." It is still unclear to me, based on your report, how the Brown Act could apply to this luncheon. Enclosed is a copy of a memorandum from our City Attorney giving his opinion on this situation. However, you can be confident that as we have strongly supported the Ralph M. Brown Act in the past, so we will continue to in the future. Sincerely, CLAUDE A. "BUD" LEWIS Mayor pgk February 22, 1988 TO:- Mayor Lewis FROM: City Attorney GRAND JURY REPORT NO.2 CITY OF CARLSBAD - RALPH M. BROWN ACT This memorandum is in response to your request for comments on the findings contained in the Grand Jury Report number 2 ! entitled, "City of Carlsbad -Ralph M. Brown Act" dated December 29, 1987. For the reasons stated herein it is my opinion that the report's conclusion that "... the spirit, if not the letter, of the Ralph M. Brown Act was violated..." is unfair to the citizens in attendance at the luncheon in question and clearly wrong. ' The most disturbing aspect of the report is that it begins by assuming the complaint is correct and, without any discussion of facts or reasons, concludes that "city business was discussed" at the luncheon. It is difficult for me to comment on the "findings" in the report since beyond this bare conclusion there are no findings and based on the facts available to this office their conclusion is not correct. Section 54953 of the California Government Code contains the essence of the Brown Act's requirement that "all meetings of the legislative body of a local agency shall be open anC public,..." (emphasis added). The Brown Act does not define the term "meetings". The primary source of legal guidance to cities and grand juries on the Brown Act are the Opinions of the Califcrnia Attorney General. These opinions make clear that a meeting only occurs where city business is transacted or discussed. (61 Ops.Cal.Atty.Gen. 221, 222). This office has received reports from the City Manager, Community Development Director, City Council members and others in attendance at the luncheon and, without exception, they all indicate that there was no City business discussed or transacted at the lunch. if the Grand Jury is aware of any evidence to the contrary I would appreciate being informed so I can make an intelligent response to their concerns. In the absence of any such evidence there was no meeting and I am at a loss to understand their conclusion that the Brown Act applies. The facts of Carlsbad's situation can be contrasted with a series of regularly scheduled meetings that were held in San Juan Capistrano and San Clemente that did concern the attorney general (43 Ops.Cal.Atty.Gen 36). The city councils of the two cities met with representatives of "certain civic associations." In addition to socializing, these meetings -2- frequently involved discussion of matters of city business of direct importance to the community such as, "...location of school facilities, airport facilities, water supply, sewage disposal and beach erosion", Id.'at page 37. The attorney general concluded that these regular d_scussions of specific local concerns could provide the basis for action in the future and, 11... because of the admitted importance to the people in the area of the matters „ discussed at such meetings by a majority of the members of the legislative body (when meeting at a regularly established time and place), we believe that the provisions of the Ralph M. Brown Act apply...." Id. at pages 37 and 38. Carlsbad's one time social luncheon where none of the matters mentioned in the attorney general's opinion were discussed is clearly distinguishable. The Grand Jury must have overlooked the concluding paragraph of the opinion where the attorney general advises: "This opinion should not be construed as holding that the mere social attendance by a majority of the members of a city council at a luncheon or dinner, such as frequently given by Rotary, ... or other fraternal organizations, would constitute a meeting of such city council subject to the Ralph M. Brown Act." Id. at page 38. Based on this authority it is my opinion that the "mere social i attendance" by our council members at this luncheon was clearly not a meeting. The middle of the report quotes from sections of the Brown Act. The City of Carlsbad is fully aware of these sections. The concluding paragraph of the report is of concern since it misses the point about why the attendance of representatives of the press was important. The reason why they were invited is irrelevant and their presence was not intended to satisfy a i nonexistent public notice requirement. Their attendance was mentioned because I thought the Grand Jury would want to begin their inquiries by talking to them in order to confirm that there was, in fact, no city business discussed at the lunch and that, therefore, there was no meeting. The presence of the newspaper publishers is also significant because the court in -4 -3 - v uibl VL SWervisors, 263 Cal.App.2d 41 (1968) found a meeting of the county supervisors and their staff which discussed a strike improper because newspaper reporters were excluded. In that case there were two things which made the luncheon improper. The specific discussion of a matter of public business and the exclusion of the public and the newspaper reporters. In our situation, Carlsbad's luncheon clearly did not exclude the public and expressly include3 the newspaper reporters and, of course, no public business was discussed. I am at a loss to understand the basis upon which the Grand Jury arrived at its conclusion that this social event raised a Brown Act concern. If the Grand Jury has any authority in support of its opinion I would appreciate being informed in order to make an appropriate reply. Unless there is some evidence that City business, as defined in the applicable legal authorities, was discussed at the lunch there was no "meeting" and, therefore, the Brown Act did not apply. I hope the Grand Jury is not suggesting that the City council is required to do what the attorney general says is not required - make social events like this business persons lunch or the chamber of commerce installation dinner a public meeting or prohibit more than two Council members from attending. I suggest the following reply to the Grand Jury's two recommendations that the City Council observe the Brown Act; that their recommendations are unnecessary in Carlsbad since it has always been the City's practice to scMPulously comply with the Brown Act requirements; that we are unaware of any public agency in this county which does a better job and that they can be assured that Carlsbad has and will continue to fully comply with the Ralph M. Brown Act. VINCENT F. BIONDO, JR. City Attorney rinh 0%, j �J p ee oe-o �4t �uf friar (ourt COUNTY OF SAN DIEGO GRAND JURY 220 WEST BROADWAY, ROOM 7003 SAN DIEGO, CALIFORNIA 92101.3875 (619) 238.2675 December 29, 1987 Honorable Claude A. Lewis Mayor, City of Carlsbad 1300 Elm Avenue ! :arlsbad, California 92008-1989 1 Dear Mayor Lewis: The 1987-88 San Diego County Grand Jury wishes to thank you for meeting with its Administration/Audit Committee concerning an alleged violation of the Ralph M. Brown Act. A copy of our report including recommendations is enclosed. Very truly yours, SAN DIEGO COUNTY GRAND JURY EDWARD C. MALONE, Foreman B � l RAY TI GER, i main Admini trat on/ udit Committee ECM/EC:jml Enc. • `f�� �ll.�$XIIIx �i?1i�� COUNTY OF SAN DIEGO GRAND JURY 220 WEST BROADWAY, ROOM 7003 SAN DIEGO, CALIFORNIA 92101.3875 (619) 236.2675 December 29, 1987 Honorable Michael I. Greer Presiding -Elect Judge of the Superior Court County of San Diego 220 West Broadway San Diego, California 92101-3875 Dear Judge Greer: Enclosed herewith is the 1987-88 San Diego County Grand Jury Report #2, entitled, "City of Carlsbad - The, Ralph M. Brown Act." This investigation was conducted by the Administration/Audit Committee of the Grand Jury within the authority granted under Penal Code 5 925a. I ECM/jml Encl. Very truly yours, SAN DIEGO COUNTY GRAND JURY / EDWARD C. MALONE, Foreman �r CITY OF CARLSBAD THE RALPH M. BROWN ACT REPORT NO. 2 A Report by the 1987-88 San Diego County Grand Jury December 29, 1987 The 1987-88 San Diego County Grand Jury received a complaint concerning the attendance of members of the Carlsbad City Council at a luncheon paid for by members of two business groups at which City business was discussed. The complaint alleged that the Ralph M. Brown Act had been violated, not only because one of the Council members had been deliberately excluded from the luncheon invitation list, but also because the agenda posting and notice requirements of the Act had not been followed so there was no public notice of the event. 3 California Government Code § 54950, a part of the Ralph M. ` Brown Act, provides in part: ". . . the Legislature finds and ; declares that the public commissions, boards and councils and the other public agencies in this State exist to aid in the conduct of the people's business. It is the intent of the law that their actions be taken openly and that their deliberations be conducted . . openly .The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know." Further, for each regular meeting an agenda is required to be posted at least 72 hours before the meeting (Gov. Code s 54962) and the notice and call setting forth the time and place of the meeting and the business to be transacted must be posted for each special meeting at least 24 hours before the meeting. (Gov. Code 9 54956). The call for any special meeting specifying the time and location of the meeting and the business to be transacted must be delivered to each council member at least 24 hours before the meeting, unless the member waives notice. (Gov. Code § 59456). 1 Less than a quo40 z,A,« of the council may act as a committee without the notice and open meeting requirements of the Ralph M. Brown Act applying; however, when a quorum of council members attend and participate in a meeting at which the City's business is discussed, the agenda, notice and open meeting requirements must be complied with. (Gov. Code 9 54952-54952.3). The Grand Jury understands that this meeting may have started out to be a gathering at which less than a quorum of the council would be present, but two other members of the council were later invited and attended and one member was never advised of the meeting. Two publishers were invited to attend the luncheon (one of wt,,m represented the parent company of the Carlsbad Journal). These publishers admittedly were invited because they represent large business interests, not because of their newspaper connections, or to satisfy some public notice requirements. The Jury, therefore, believes the spirit, if not the letter, of the Ralph M. Brown Act was violated and recommends RECOMMENDATIONS #87/2: That, in the future, all Carlsbad City Council members scrupulously observe the agenda, notice and open meeting requirements of the Ralph M. Brown Act, and conduct its public business in full view of the public, with due notice beforehand. #88/3: That, in the future, the council not deny any council member or any segment of Carlsbad citizens the right to be present at meetings where public business is discussed. The Grand Jury requests that City Council of the City of Carlsbad comment on the findings and recommendations herein within 90 days. 12/2 9/87 2 A 1200 ELM AVENUE CARLSBAD, CA 92008-1989 Offioe of the Mayor March 23, 1988 D Lr*11k TG D Hr C.oK o c-i ,r±' 1'J Pr rT TELEPHONE D (619) 434.2830 MtU of Tarlsbab Edward C. Malone, Foreman COUNTY OF SAN DIEGO GRAND JURY 220 W. Broadway, Room 7003 San Diego, CA 92101-3875 Re: 1987-88 San Diego County Grand Jury Report #2 Entitled: "City of Carlsbad - The Ralph M. Brown Act" Dear Mr. Malone: Thank you for the San Diego County Grand Jury Report #2, "City of Carlsbad - The Ralph M. Brown Act". In that report you request that the City Council of the City of Carlsbad comment on findings and recommendations within 90 days. This response was placed on the City Council's agenda of March 22, 1988 for Council discussion. Although I feel that the Grand Jury has given the City consideration, I am compelled to reiterate my previous comment that, ". . . the lunch was a social event and not a meeting. No deliberation occurred; no two Council Members sat together, and the staff sat at different tables." It is still unclear to me, based on your report, how the Brown Act could apply to this luncheon. There are many other luncheons throughout the County which would qualify under a similar interpretation. However, recognizing that a continuing dialogue about a violation which may or may not have occurred, can only be counterproductive. I want to reassure you the Carlsbad City Council is, and has been, a strong and consistent supporter of the Ralph M. Brown Act and spends considerable time and effort to see that the intent of the Brown Act is followed. Also included are copies of agenda bills which adjourn the Council to events which might be considered subject to the Brown Act. We feel that only by following the Brown Act and the public noticing requirements, can the public be assured that public business is being conducted in an open public forum and, as such, we work diligently to ensure this happens. F E2 Edward C. Malone, Foreman COUNTY OF SAN DIEGO GRAND JURY March 23, 1988 Page 2 ' It is the Council's policy that all Council Members should participate in public meetings being held by the City Council. This policy is long standing and continues to be supported by the entire City Council. I hope that this will bring an end to this discussion between the Grand Jury and the City. Sincerely, j CLAUDE A. "BUD" LEWIS Mayor mhs Enclosures CR OF CARLSBAD — AGEN► BILL a� ABDEPT. Hl� MTG. 3/O/88 CARL BAD ECONOMICCOUNCIL ENHANCEMENT U� CITY ATTY DEPT. CM CITY MGR. RECOMMENDED ACTION: ����. Adjourn the City Council meeting of March & 1988, to the Carlsbad Economic Enchancement Council meeting on Wednesday, March 23, 1988, 3:00 p.m., at the Public Safety and Service Center. i ITEM EXPLANATION: The City Council will be attending a meeting of the Carlsbad Economic Enhancement Council to observe a workshop on development projects. GY OF CARLSBAD — AGE(A BILL AB# - TITLE: MTG. 3-22-88 DEPT. R/AG RECOMMENDED ACTION: ar DEPT. HD.�-"�'-� NORTH COUNTY SLUDGE CITY AM V� MANAGEMENT WORKSHOP CITY MG" Announce intention of members of the City Council to attend 2 p.m. Workshop meeting on Tuesday, March 29, 1988 at the National University campus in Vista and request an appropriate public notice be posted on the Council Chambers door to meet the required timing prior to the meeting. ITEM EXPLANATION: The Encina Joint Advisory Committee (JAC) has requested a non-decisionmaking workshop to be held on the subject of the North County Sewage Solids Manage- ment Study (NCSSMS) . Since more than two members of the City Council have expressed a desire to attend this meeting, a public announcement stating this fact is appropriate. EXHIBIT: 1. Encina Water Pollution Control Facility notice of Sludge Workshop Meeting March 29, 1988 at 2 p.m. at National University, Vista. q z 0 ILITY CHIBIT 1 ENCINA WATER POLLUTION CONTROL FACILITY 6200 Avenida Encinas Carlsbad, CA 92009-0171 March 2, 1988 Telephone (619) 438-3941 Ref: 2J.4338 City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 Attention: City Council Subject: North County Sludge Management Workshop March 29 at 2:00 p.m. at National University, Vista The Encina Joint Advisory Committee (JAC) has requested that a non -decision making workshop be held on the subject of the North County Sewage Solids Management Study (NCSSMS). Since 1984, tht- thirteen agencies comprising the NCSSMS have worked together through the planning and study phase; we are now at the difficult and critical implementation phase. The purpose of the workshop would be to provide a discussion forum primarily for the participating agencies' councils and boards. The intent is to provide a common understanding of the issues to be resolved in order to fully implement a sludge management project. The issues are: Siting Approach Process Technology Institutional Arrangements Financial Following the -workshop participating agencies would be asked to submit their position in writing on the issues to the Encina Joint Advisory Committee. In order to provide focus at the workshop a JAC subcommittee has proposed the following four discussions: a) Siting - 1) Proceed with a multiple site approach through the environmental documentation (EIR) stage up to final acquisi- tion. 2) Maintain close liaison with County on possible joint landfill sites . and pursue alternate sites in parallel Qndian reser- vations, City of San Diego etc.). SERVING THE CITY Of VISTA, CITY Of CARLSBAD, BUENA SANITATION DISTRICT. SAN ARCOS COUNTY WATER DISTRICT LEUCA01A COUNTY WATER DISTRICT ANO ENCINITAS SANITARY OISTRICT hUA City of Carlsbad Subject: Sludge Management Workshop March 2, 1988 Page Two b) Project - 1) Establish 'Invessel' compost technology with air drying capa- bility as the 'project'. 2) Evaluate need for pilot project work after site acquisition is assured. c) Institutional Arrangements (During 2 year site acquisition stage.) - 1) Encina Joint Powers remain as lead "agency's through its operator/administrator. 2) Executed contracts between the Encina operator/administrator and participating agencies with 2 year upfront funding ($2.0 million) within four (4) months of workshop date. 3) Contracts to also provide for a "project committee" made up of participating agencies' representatives. 4) Seek County contract to provide condemnation powers for site acquisition if necessary. S) Delay decision on whether or not to form Joint Powers Agency (JPA) until site acquisition is assured. d) Financial - 1) $2.0 million dollars minimum upfront to fund 2 year program on a prorated Year 2010 sludge production basis. 2) No regional per EDU charge. The workshop format will consist of presentations by Encina staff and John S. Murk Engineers on the study history, issues and alternatives. Also in atten- dance will be Mr. Wallace Peck of the legal firm of Jennings, Engstrand and Renrickson to aid in the discussion with respect to institutional issues. Please contact Mr. Richard W. Graff at 438-3941 should you have any questions. Very truly yours, ti Richard rVol t Chairman, Encina Joint Advisory Committee RWG:REV:maj pc: Supervisor John MacDonald John S. Murk Engineers Mr. Wallace Peck Mr. Roger Walsh, County of San Diego Encina Joint Advisory Committee •ONM ENCINA WATER POLLUTION CONTROL FACILITY 6200 Avenida Encinas, Carlsbad, U. 92009.0171 (619) 438-3941 S.n.04 satn Sm O'"M County iA;r (AY OF CARL'SBAD — AGEt A BILL a �l AB DEPT. HD. = 7 MTG. 3-22-88 SOUTHWEST QUADRANT COMMUNITY CITY A �r DEPT. R/AG MEETING CITY MG ., RECOMMENDED ACTION: Adjourn City Council meeting to Tuesday, March 29, 1988 at 7 p.m., at the Public Safety E Service Center. , ITEM EXPLANATION: The City Council is holding a community meeting with the residents of the southwest quadrant of the City at the Public -Safety Center at 7 p.m. on Tuesday, March 29, 1988. The agenda for the meeting is attached. EXHIBIT: 1. Agenda for Southwest Quadrant Community meeting. z 0 16 a z 0 1� EXHIBIT 1 CARLSBAD SOUTHWES"r QUADRANT MEETING Carlsbad Safety & Service Center 2560 Orion Way Tuesday, March 29, 1988 i[ 7 to 9 p.m. A G E N D A 1. Opening Remarks Buddy Lewis Mayor i 2. Staff Introduction Ray Patchett City Manager 3. City Film 4. Growth Management Update Phil Carter { Growth Mgmt. i Manager 5. Population/Density Michael Holzmilier Southwest Quadrant Planning Director 6. Update of Projects in Quadrant: Marty Orenyak I Hunt -• Sammis - Poinsettia Village Community Dyt. 1 Director i 7. Update on Library/Parks Frank Mannen Assistant City Manager 8. Circulation Lloyd Hubbs City Engineer 9. Update on Batiquitos Enhancement Ray Patchett City Manager 10. Questions/Answers 11. Closing Remarks Buddy Lewis Mayor