Council retreat challenged

The Laguna Beach unit of the League of Women Voters is asking the

City Council to “revisit” decisions made at a February retreat and

bring them up again at a regular council meeting because it is

concerned the meeting may not have followed the state’s open meeting

laws.

Other members of the community are arguing the meeting also

violated state rules governing elected officials.

During the Feb. 22 meeting -- at which the only member of the

public was a reporter for the Coastline Pilot -- the council agreed

by consensus, with no formal vote taken, to begin enforcing existing

rules on the length of public speaking times, to set up a system to

alert speakers when their time is up and to reorganize the agenda.

The retreat agenda was posted on the bulletin board in front of

City Hall, along with the meeting announcement, but was not posted on

the city’s web site as is customary.

The agenda contained three items: procedures, policies and

programs.

The Brown Act requires governing bodies to post agendas and allow

the public to have its say on decisions to be made.

City officials and council members Steven Dicterow and Jane Egly,

both attorneys, said they do not believe the retreat violated the

Brown Act.

“The intent was to make the agenda sufficiently broad to encompass

all the concerns attendees, including the public, might want to

raise,” City Atty. Philip Kohn said. “I have not been presented with

any information that would lead me to believe that the council has

violated the provisions of the Brown Act, let alone intentionally

doing so.”

The retreat was properly announced, City Manager Ken Frank said.

“It is clear that the retreat was properly noticed and it was

referred to at several council meetings,” he said. “Anyone who

follows the council meetings would have known about it.”

A citizen’s watchdog group, Californians Aware, disagrees.

Californians Aware general counsel Terry Francke said he believes

that the lack of specificity in the retreat agenda was a Brown Act

violation and the “outcome” of the meeting could be challenged for

nullification.

And in a letter received by the Coastline Pilot on March 2, Linda

Brown, co-chairwoman of the local league, objected to the decisions

made at the retreat without public participation, and the lack of

specificity in the agenda.

“A retreat is the proper place for the council to determine the

policy direction they want to take, but policy decisions affecting

the public should be specified in an agenda and heard at a regular

meeting,” Brown said.

“I don’t believe there was a violation of the Brown Act. It is not

the council’s fault if nobody shows up to a meeting,” Brown added.

“And I agree that a retreat is a different animal from a regular

meeting, but it should be limited to discussion.

“It is absolutely appropriate for the council members to talk, and

perhaps decisions made at the retreat were technically [permissible],

but were they providential and in the best interests of the public?”

Village Laguna founder Arnold Hano said the council should revisit

decisions made at the retreat. He contends council members ran for

office to represent the residents of Laguna and they should not do so

behind closed doors.

Brown said the letter she wrote -- with long-time league member

Jean Raun on behalf of the Laguna Beach unit -- was prompted by

contacts from the public and the league’s concerns about open

government.

“I am not saying any of the decisions were good or bad; and any

that fall under an administrative decision are appropriate at a

retreat, but the hot button at this retreat was the way the public

gets heard,” Brown said.

Francke said he advised one resident, frequent council critic Mary

Dolphin, to take information she has collected about the retreat to

the Orange County district attorney for review and possible action.

“My advice was not necessarily because of any evidence of

wrong-doing, but it is within the discretion of a district attorney

to send a letter saying, we do not detect any criminal intent, but be

assured we will take action if you do this again,” Francke said.

“If the outcome of a meeting is very broad, then so should be the

agenda,” Francke said. “The purpose of an agenda is to be as pointed

as possible to alert citizens of particular items of interest to

them. Someone -- a council member or the city manager -- could have

made it clear what they wanted on the agenda.”

Dolphin says the principle is clear.

“State law and the municipal code do not allow for business to be

conducted or decisions reached without a hearing by the public,” she

said.

-From Coastline Pilot staff reports