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HomeMy WebLinkAbout1988-12-20; City Council; 9792; Response to Final Report of San Diego Grand JuryQ LU cc CIW OF CARLSBAD - AGENt BILL 190 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 . ;�5— 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 I 0 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 —4— i ar; I itv. . 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. E a ■ IN ■ ■ 0 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. 1 l� SUMMARY OF INTERIM REPORT3 LOWER S ETWATER FIRE PROTECTION DISTRICT t December 29, 1987 1� 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. r 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 t�t i i t I 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. 272 r i 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. IZ Reclamation of Wastewater 1987-83 GRAND JURY RECOMMENDATIONS (Continued) E V r 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. r I El 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. 276 a 0 0 i ��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 i� July 1988 C � INSTRUCTIONS TO LOCH. PUBLIC AGENCIES FOR i RESPONDING TO GRAND JURY FINDINGS AND RRCOM13NDATIONS !� 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 ! 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 4 !� 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 j 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 1 vi rj 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 i 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 I � San Diego County Regional #88/36 thru 38, 40 i Water Reclamation Agency... San Diego County Water #88/32 thru 40 Authority .................. i San Diego Unified Port District #88/42 thru 47 1988-89 County Grand Jury..•••• #88/8 P * Responses already received. Vii 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 04 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 MIL c: City Clerk Office of the County Clerk