HomeMy WebLinkAbout1988-12-20; City Council; 9792; Response to Final Report of San Diego Grand JuryQ
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CIW OF CARLSBAD - AGENt BILL
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AB#5/10Z TITLE: DEPT. HD.
MTG. 12 / 20 / 88 RESPONSE TO FINAL REPORT OF SAN CITY ATTY
DEPT. CA DIEGO COUNTY GRAND JURY 1987-88
CITY MG .
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RECOMMENDED ACTION:
Authorize the Mayor to sign the attached letter responding to the
Final Report of the 1987-88 San Diego County Grand Jury.
ITEM EXPLANATION
The City Council at your meeting of March 22, 1988 authorized the
Mayor to sign a letter responding to the Grand Jury Interim Report
No. 2 entitled "The City of Carlsbad - The Ralph M. Brown Act."
The summary of that interim report and its two recommendations have
been included without change in the Grand Jury's final report. A
copy of the summary is at�ached as Exhibit 1. Despite the fact
that the City has already replied to the recommendations, the Mayor
has received a letter dated December 7, 1988 from the Grand Jury
foreman asking the City to comment on the report. A copy is
attached as Exhibit 2. The deadline for these comments is December
26, 1988. The letter attached as Exhibit 3 responds to the Grand
Jury's report by reiterating the reply previously approved by the
City Council. If the City Council concurs, your action is to, by
motion, authorize the Mayor to send the letter.
The Grand Jury made 83 recommendations in their report, many of
which reflect the Grand Jury's view of appropriate social policy.
In that regard, the Council has also been asked to comment along
with all the other cities in the county on recommendation number
26 in support of recycling programs, number 28 urging establishment
of a countywide solid waste agency to site landfills, and number
48 asking that the city coordinate its low income housing programs
with the San Diego Housing Commission. The letter also briefly
comments on these recommendations based on Council's previously
adopted policies. A copy of the original Grand Jury Report is on
file with the City Clerk.
EXHIBITS
Summary of interim report
Letter to Mayor Lewis dated December 7, 19088
Mayor's letter responding to final report
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RECOMMENQATIONS
88/1: The City Coun of the City of San Diego
re-evaluate and consider its plans to
demolish Building without penalt a
either side.
THE JURY ALSO APPROVED THE PUBLIC SAFETY DETENTION FACILITIES
PROPOSAL THAT THE FOLLOWING ADDENDUM DATION BE ADDED TO
THE FINAL REPORT OF JAIL OURCROW I AN M RY SOLUTION:
#88/IA: The San Diego my Grand Jury vis' ed
numerous fa ities in an attempt to 'nd a
suitable emporary solution to jail ove rowding.
The o building available for use as an
i iate detention facility is Buildinq 3 The
ry urges the City and County of San Diego act
in concert, with all deliberate speed, to save nd
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SUMMARY OF INTERIM REPORT #2
11CITY OF CARLSBAD - THE RALPH M. BROWN ACT"
December 29, 1987
Area of -Concern
A complainant alleged that the R. M. Brown Act had been
violated because one City Council member had been deliberately
excluded from an invitation list to attend a luncheon meeting of
city and business community leaders at which city business was
discussed; also because the agenda posting and notice requirement
of the Act had not been followed, so there was no public notice
of the event.
Findings
The Jury understood this meeting may have started out to be
a gathering with less than a quorum; two other members of the
Council were later invited and attended and one member was never
advised of the meeting.
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Conclusion
The meeting violated the Ralph M. Brown Act.
RECOMMENDATIONS:
#88/2: 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.
#87/3: 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.
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l� SUMMARY OF INTERIM REPORT3
LOWER S ETWATER FIRE PROTECTION DISTRICT
t December 29, 1987
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Area of Concern
Allegations concerning 'llegal appoi /nents of Lower Sweetwater
Fire Protection District (IS
Vice -Chairman of the Board,
to consult County Counsel,
denial of opportunity to
Direc rs, denial of position of
f permission for Board members
of ccess to fire station,
deni of key to fire station.
Findings
The Grand Jury nvestigated thoroughl\be
llegations
and found no it gal actions had been takeard of
Directors o theLower Sweetwater Fire Protrict.
,i�ersonal friction and a consistent lack of cooperation among
members of the Lower Sweetwater Fire Protection District and of -
Directors created an atmosphere of distrust.
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1987-88 GRAND JURY RECOMMENDATIONS
(Continued)
REPORT # TITLE OF REPORT RECOMMENDATION * RECOMMENDATION
San DiegoCommunity College District 88/20 That the Foundation Directors reconsider the
and the San Diego Community College suggested amendment to Article THIRD proposed by
District Foundation, Inc. the Grand Jury.
San Diego City/County
Library System
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Solid Waste Disposal Manageme
-n San Diego County
88/21 That the Directors substantially reduce the
limits for the honoraria to guest speakers. To
avoid any possible charge of illegal or unethical
lobbying aU honoraria should be eliminated
Rublic officials.
88/22 That the Trustees change their resolution
regarding lifetime health and welfare benefits
for former trustees to satisfy, at the minimum,
the requirements of the Government Code.
88/23 That the Trustees carefully review all contracts,
(direct snd indirect) involving the District and
Foundation now that the Foundation is making all
records relating to these contracts available to
the District.
88/24 That follow-up studies be undertaken by or under
the sponsorship of the San Diego Unified School
District or the San Diego State University
Department of Education to discover relationships
between library Media center data obtained for
this report (such as library staffing services
and expenditures) to performance of students in
schools or on achievement tests.
88/25 That the San Diego Unified School District
re-evaluate its policy of giving very little
support to its elementary school libraries.
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That programs for separating and recycling solid
waste be implemented and/or axpanded to extend
the life of existing landfill sites. These
programs should include an educational component
to inform the general public about the urgent
need to recycle and to promote the marketing of
recoverod materials. The buy-back centers for
aluminum cans and newspapers, which have been in
operation for many years, are a model for other
marketable recycleable items, such as tin cans,
glass, and junk of various kinds.
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Reclamation of Wastewater
1987-83 GRAND JURY RECOMMENDATIONS
(Continued)
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88/27 That existing landfill sites be enlarged, where
possible, to extend their useful life, 14 Z
8.8/28 That a countywide solid waste agency be formed
to develop long-range trash disposal programs ancu
to facilitate looting and developing regional
landfill sites to serve all County residents,
businesses and industries for a 30-year period,
88/29 That joint City and County use of existing and
future sanitary landfill sites be promoted to
achieve an effective solid waste disposal
operational program. 10
88/30
88/31
88/32
88/33
273
That three regional landfill sites be located
and developed or enlarged as replacements for
the five County and one City site which are
approaching the ends of their useful lives.
These should be for long-range use and should
be integrated sites containing facilities for
separating and recycling solid waste and for
trash -to -energy conversion plants in order to
reduce the volume of trash to be buried. Three
suggested locations are Sycamore Canyon, North
County, and the South Bay area.
That a residual depository site for disposing of
solid hazardous waste be located within San Dies
County for locally -generated hazardous and toxic
wastes in order to conform to the State mandated
Hazardous Waste Disporal Plan.
That the City of San Diego:
Seek a second waiver of five years from federal
secondary treatment requirements .or the Point
Loma Sewage Treatment Plant based upon the the
findings of the City's Ocean Monitoring Program
and a consultant's study which show that the Cil
is adequately protecting the ocean environment
with advanced primary sewage treatment.
Extend the present outfall sewer line one and
one-half miles beyond the kelp beds with an
outlet at a depth of 300 feet.
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1987-88 GRAND JURY RECOHMEND ATIONS
(Continued)
REPORT # TITLE OF REPORT RECOMMENDATION * RECOMMENDATION
Housing for the Low Income Elderly
88/48
That All Cities within the County:
Coordinate their efforts with the dousing
Commission to provide housing assistance to the
elderly, with a central registry of available
housing open to all agencies in the County.
That the San Diego Housing Commission:
88/49 Establish strict rules for compliance with
Section 8 regulations, and maintain a list of
those who fail to comply so that more deserving
individuals may qualify. Also, that the
Commission be allowed to appeal a court decision
pertaining to tenant eviction.
That the San Diego City Council:
88/50 Establish logical guidelines for construction
of residential hotels, and abide by same.
That the San Diego City Building
Inspection Department:
88/51 Hire more staff members to conduct regular
periodic inspections of all SRO hotels for
compliance with City safety and health
ordinances. Also, that fire safety equipment and
possible fire hazards be monitored regularly,
regardless of building height.
Indigent Defense That the Board of Supervisors:
88/52 Carefully monitor the performance of, the county
public defenders office to insure chat
anticipated cosy improvements are realized.
88/53 Request the San Diego County Bar Association and
the Judicial Council to submit specific proposals
which could lead to limits on the cost of
indigent defense AIid prosecution.
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��X JiYX�
COUNTY OF SAN DIEGO
1420 KETTNER BLVD.. SUITE 310
SAN DIEGO. CALIFORNIA 92101-2432
(619) 236.2675
December 7, 1988
Claude "Bud" Lewis, Mayor
City of Carlsbad
1200 Elm Avenue
Carlsbad, CA 92008
4
RE: Deadline for Responding to the 1987-88 San Diego County
Grand Jury Final Report Recommendations
Dear Mayor Lewis:
The 1987-88 San Diego County Grand Jury issued its Final
Report on September 26, 1988. The report contained findings
and recommendations pertaining to various local public agencies,
including yours.
Section 933(c) of the California Penal Code requires such
public agencies to comment, no later than 90 days after
submission of the final report, on findings and recommendations
pertaining to matters under the control of the governing body.
The 1988-89 Grand Jury has undertaken to ensure compliance
with the Penal Code requirement and is herewith inviting your
attention to the due date of December 26, 1988 for the comments
of your governing body. They are to be addressed to the
Presiding Judge of the Superior Court
County of San Diego
P. 0. Box 2724
San Diego, California 92112-2720
You are further reminded the Penal Code requires an
additional copy of your response be filed with the clerk of your
agency and the Office of the County Clerk, as a public record.
ABS/ PH: jml
Sincerely,
SAN DIEGO COUNTY GRAND JURY
ARMISTEAD B. SMITH, JR.
Foreman, 1988-89
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July 1988
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INSTRUCTIONS TO LOCH. PUBLIC AGENCIES FOR
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RESPONDING TO GRAND JURY FINDINGS AND RRCOM13NDATIONS
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This Grand Jury's Final Report contains findings and
recommendations addressed to the boards of various
local public agencies subject to the "watchdog"
function of the Grand Jury. In some cases a single
report contains recommendations to more than one local
public agency. A chart identifying each affected local
public agency (either by name or type of agency) and
the Recommendation Numbers to which such agency is
required to respond are, therefore, provided below.
The law contemplates that a local public agency board
to whom Grand Jury findings and recommendations are
addressed will be afforded a reasonable time to
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consider them before filing its written comments and
responses with the
Presiding Judge of the Superior Court
County of San Diego
P. O. Box 2724
San Diego, California 92112-2720
The affected local public agency board is required to
file its comments and responses within 90 days after a
copy of the Final Report is filed by the Grand Jury
with the local public agency. An additional copy of
the local public agency's comments and responses is to
be filed with the local public agency's Clerk as a
public record. [See, Penal Code Section 933.)
Recommendation Nos.
Lgcal Public Aggncy for Responses
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City of Carlsbad............ A88/2, 3, 26, 28, 48
City of Chula Vista......... #88/26,-28, 48
City of Coronado............ #88/48
Cityof Del Mar ............. #88/48
City of E1 Cajon............ #88/48
City of Encinitas........... #88/26, 28, 48
City of Escondido........... #88/26, 28, 48
City of Fallbrook........... #88/26, 28, 48
City of Imperial Beach...... #88/48, 74 thru 83
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City of La Mesa ............. #88/48
City of Lemon Grove......... #88/48
City of National City....... #88/26, 28, 48
City of Oceanside........... #88/48
Cite of Poway ............... #88/48
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City of San Diego...........
#88/1*, 1A, 9 thru. 19,
#88/26 thru 35, 41,
#88/46 thru 51,
#88/58 thru 73
City of San Marcos...........
#88/48
A88/48
Cityof Santee ...............
City of Solana Beach.........
#88/48
Cityof Vista ................
#88/48
City of. San Diego Housing
#88/48, 49
Commission .................
County of San Diego..........
#88/lA, 5 thru 8,
#88/26 thru 31,
#88/35 thru 43, 48,
#88/52 thru 57
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Historical Site Board........
#88/12
Lower Sweetwater Fire
Protection District........
#88/4*
Regional Task Force on
#88/5 thru 7
Homeless ...................
Regional Water. Quality
Control Board of
#88/41
San Diego ..................
f San Diego City Schools .......
#88/24, 25
San Diego Community College
#88/201 21
t District Foundation, Inc...
San Diego Community College
District Board of Trustees.
#88/22, 23
San Diego County Schools.....
#88/24, 25
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� San Diego County Regional
#88/36 thru 38, 40
i Water Reclamation Agency...
San Diego County Water
#88/32 thru 40
Authority ..................
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San Diego Unified Port District #88/42 thru 47
1988-89 County Grand Jury..•••• #88/8
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* Responses already received.
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1200 ELM AVENUE
CARLSBAD, CA 92008.1989
Office of the Mayor
December 12, 1988
Honorable Michael Greer
Presiding Judge
Superior Court
County,of San Diego
P. O. Box 2724
San Diego, California 92112-2720
TELEPHONE
(619) 434.2830
RE: COMMENTS
THE CITY OF CARLSBAD ON 7,2O60U28GRDJURFINAL REPORT RECOMMENDATIONS NO. 88-23,2,
AND 48
Dear Judge Greer:
This letter of comment on the above referenced recommendations is
forwarded in compliance with Section 933 (c) of the California Penal
Code.
Recommendations No. 88-2 and 88-3 contained in the final report
were previously forwarded to the City of Carlsbad by Edward C.
Malone, Foreman in an interim report dated December 29, 1987. The
City Council at their meeting of March 22, 1988 authorized the
mayor to send a letter of comment on those recommendations which
was mailed to Mr. Malone on March 23, 1988. The recommendations
have not changed and the City of Carlsbad has no further for the Ralph
beyond reiterating
its strongand consistent support
M. Brown Act.
Recommendation No. 88-26 urges the City to support recycling of
waste. The City of Carlsbad has already adopted a policy in that
regard and is actively pursuing implementation of recycling
programs in Carlsbad. Carlsbad hopes that other communities in the
county will respond along similar, lines to this recommendation.
Recommendation No. 88-28 urges the establishment of a countywide
solid waste agency to site regional landfill sites. The City of
Carlsbad is always prepared to work in cooperation with the other
cities in the county on the solution of regional problems.
arlsad
Recommendation housingeffortswith the Sant the City of Diego Housing Ccommicoordinate
ssion.
its 9
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Honorable Judge Greer
December 12, 1988
Page 2
Carlsbad was the first city outside of San Diego to establish a
housing authority and is actively involved in providing housing for
low and moderate income persons. Carlsbad's Housing Authority
regularly maintains coordination and communication with other
housing entities in the county.
The City of Carlsbad thanks the 1987-88 San Diego County Grand Jury
for their efforts.
Sincerely,
C UDE D" LEWIS
Mayor
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c: City Clerk
Office of the County Clerk