HomeMy WebLinkAbout2011/02/22 Additional Information
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BRIGGS LAW CORPORATION
San Diego Office:
5663 Balboa Avenue, No. 376
San Diego, CA 92111-2705
~EC'O fES 2 1 2011
Inland Em pire Office:
99 East "(" Street, Suite 111
Upland, CA 91786
Telephone: 858-495-9082
Facsimile: 858-495-9138
Telephone: 909 949-7115
Facsimile: 909-949-7121
Please respond to: Inland Empire Office
BLC File(s): 1593.99
10 February 2011
Dear Mayor and City Council:
Via Fax to 619-585-5774 aQ!l,rnS.l\1a,i1
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On behalf of my client, San Diegans for Open Government, I am writing to request the cure
ofa violation of the Ralph M. Brown Act (Government Code Section 54950 el seq.) committed by
the Chula Vista CityCouneil at its meeting on January 11,2011, with respectto Item 9-D ("OTHER
BUSINESS," then "MAYOR'S REPORTS," then "Appointment of Port Commissioner") on its
agenda for the meeting.
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Chula Vista Mayor and City Council
c/o City Clerk Donna Norris
276 Fourth Avenue
Chula Vista, CA 91910
Re:
Request to Cure Violation of Ralph M. Brown Act
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In particular, the agenda did not lawfully inform the public that the City Council would be
called upon to take action on the appointment ofChula Vista's representative to the Board ofPor!
Commissioners for the San Diego Unified Port District. The agenda apprised the public that the City
Council might take action on items appearing under the "PUBLIC HEARINGS" and "ACTION
ITEMS" headings, both of which included language indicating that the City Council would be called
upon to give "CONSIDERATION" to certain matters and act on staff recommendations to "adopt"
certain resolutions. In contrast, the agenda description for Item 9-D indicated that the Mayor would
be providing nothing more than a "report" and failed to use any word suggesting that the City
Council as a body would be asked to consider or approve any Port appointment; similarly, the agenda
back-up materials available prior to January II contained no documents suggesting that the City
Council would be called upon to take action.
The misleading agenda description for Item 9-D is also a radical departure from Chula
Vista's past practice--something to which the public has grown accustomed. For instance, the last
Port appointment (prior to January II) took place in September 2009. For the City Council's
meeting on September 15, 2009, the agenda listed "Other Business," then "22. Mayor's Reports,'!
and then "A. Discussion and possible decision regarding Port Commissioner and Interim City
Councilmember interviews." The City Council voted at that meeting to hold a special meeting on
September 29, and for the special meeting the agenda included a section called "Action Items" and
then alerted the public to the potential for "lNTERVIEWS AND APPOlNTMENT OF PORT
COMMISSIONER FOR THE TERM ENDING JANUARY 2, 2011." .
Be Good to the Earth. Reduce, Reuse, Recycle
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Mayor and City Council
City of Chula Vista
February 10, 2011
Page 2
Based on Chula Vista's past practice, my client (and surely other members of the public)
could not have anticipated, based on a fairreading of the City Council's agenda for January 11,2011,
that the City Council would appoint a new representative to the Board of Port Commissioners.
Under the Brown Act, the violation must be cured not morc than 30 days after receipt of this
letter. Please notify me in writing as soon as possible to let me know whether the violation will be
cured and, if so, when the cure will take place. (My client may sue before receiving your response.)
Thank you for your prompt attention to this important matter.
Sincerely,
BRIGGS LAW CORPORATION
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Be Good to the Earth. Reduce. Reuse, Recycle
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