HomeMy WebLinkAbout2019-05-07; City Council; ; Conference with Legal Counsel regarding Anticipated LitigationCITY COUNCIL
Meeting Date:
To:
From:
Staff Contact:
5/7/2019
Mayor and City Council
Celia Brewer, City Attorney
Celia Brewer, City Attorney
CA Review J!f3_
Subject Conference with Legal Counsel regarding Anticipated Litigation
Recommended Action
That the City Council, by motion, authorize a closed session regarding significant exposure to
litigation of one case, pursuant to Government Code Section 54956.9(d)(2). In accordance with
Government Code Section 54956.9(e)(3) a copy of the written communication threatening
litigation is attached.
sa.11 IDi1,go offic,:
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'l'e{qifr.""': 619-497-0021
Pm;a.,iiu, 909-949-i'12J.
BRIGGS LAW CORPORATION
23 April 20 19
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'Tt{,pfuin,: 909-949-7!15
'1'.ic.rimiCt: 909-949-7121
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City of Carlsbad Via Fax Only to 760-720-.~(
c/o City Clerk Barbera Engleson
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Re: Request to Cure Violation ofRalJ?h M. Brown Act
Dear City of Carlsbad:
On behalf of my clicmt, Citi.ren5 for a Friendly Airport. I am writing to request the cure of
a violation of the Ralph M. Brown Act (Government Code Section 54950 et seq.) committed by the
Carlsbad City Council at iUl special meeting on March 27, 2019, with respect to Item 1
("CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION") on its
agenda for the meeting.
In particular, the agenda did not lawfully inform the public that the Carlsbad City Council
intended to consider and/ or approve a Mutual Settlement and Cooperation Agreement of the lawsuit
commonly known as City of Carlsbad v_ County of San Diego, San Diego County Superior Court
case no. 37-2018-00061565-CU "MC-CTL ("Settlement Agreement''), which was illegally approved
in closed session. Through the Settlement Ag,:eement, the Citytookactions that can only take place
in an open session, including but not limited to cnodifyj,ng CUP-172, withdrawing a zoning-
ordinance amendment, and agreeing not to ex:ercise land-use authority.
Under the Brown Act, the viohition must be cured not more than 30 da)'l5 aft~rreceipt ofthi11
letter. Please notify me in writing as soon as possible to let me know whether the via lation will be
cured and, if so, when the cure will take place; or if you have any questions. (My client may sue
before receiving your response.)
Thank you for your prompt attention to this important matter.
Sincerely,
BRIGGS LAW CORPORATION ½-{~
Cory J. Briggs
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