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Home My WebLink AboutMINUTES - 09201994 - 1.62 1 .57 through 1.63 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on September 20, 1994, by the following vote: AYES: Supervisors Smith, DeSaulnier, Torlakson and Bishop NOES: None ABSENT: Supervisor Powers ABSTAIN: None ------------------------------------------------------------------------------ SUBJECT: CORRESPONDENCE Item No. 1.57 LETTER dated August 29, 1994,from M.L.Cohen,M.D.,President,Alameda-Contra Costa Medical Association, P.O. Box 2895, Oakland 94618, offering to assist in developing a cooperative arrangement between the County and the local medical community which would enhance access to the County health system while utilizing health care resources in the community. ***REFERRED TO HEALTH SERVICES DIRECTOR 1.58 LETTER dated September 6, 1994, from L. J. Dow, Vice Chair, Citizens United, 2232 Concord Drive,Pittsburg 94565,requesting the Board to enforce the Condition of Approval No. 11.1 of Land Use Permit 2020-89 issued to the Keller Canyon Landfill Company. ***REFERRED TO COMMUNITY DEVELOPMENT DIRECTOR AND COUNTY ADMINISTRATOR to report to the Board on September 27, 1994, the letter from Citizens United, requesting the Board to enforce the Condition of Approval No. 11.1 of Land Use Permit 2020-89 issued to the Keller Canyon Landfill Company. 1.59 LETTER dated September 7, 1994, from the Coalition for a Healthy California, 5770 Wilshire Boulevard, Suite 561, Los Angeles 90036, urging the Board to adopt a resolution in opposition of Proposition 188, the California Uniform Tobacco Control Act, on the November 8, 1994, Ballot. (CONSIDER WITH AGENDA ITEM NO. S.1) 1.60 LETTER dated August 25, 1994,from Frances Wage, 3142 Sheffield Place,Concord 94518, commenting on the Mental Health Commission Housing Report. ***REFERRED TO MENTAL HEALTH DIRECTOR 1.61 RESOLUTION adopted by the Board of Supervisors, County of Lassen, 707 Nevada Street, Susanville 96130, urging the State of California to apply for exemptions allowed by the U.S. Environmental Protection Agency under the new landfill regulations covered by Subtitle D. ***REFERRED TO DIRECTOR, GROWTH MANAGEMENT AND ECONOMIC DEVELOPMENT AGENCY Correspondence for September 20, 1994 Page 2 1.62 LETTER dated September 11, 1994, from R. Rodriguez, 1894 Cannon Drive, Walnut Creek 94596,relating to actions of the Housing& Community Development Advisory Committee. ***REFERRED TO INTERNAL OPERATIONS COMMITTEE 1.63 LETTER dated September 12, 1994, from Z. Johnson, 544 El Rio Road, Danville 94526, regarding animal noise and the nuisance complaint form ***REFERRED TO ANIMAL SERVICES DIRECTOR FOR RESPONSE I hereby certify that this is a true and correctCopyof an action taken and entered on the minutes of the Board of,-3upWtW=o the d shown. A PHIILL BATCHELOR,Clerk of the Board of Supewlsors and County AdministratOrrw uty cc: Correspondents County Administrator Internal Operations Committee Health Services Director Community Development Director Mental Health Director Animal Services Director Director, Growth Management and Economic Development Agency RECEIVED 1894 Cannon Drive SEP Walnut Creek, Ca. 94596 September 11, 1994 CLERK NRp� ISORS COTOS A CO Board of Supervisors Contra Costa County 651 Pine Street Martinez, Ca. 94553 Dear Board Members: On Aug. 1, 1994,I sent a complaint to the District Attorney regarding violations of the Ralph M. Brown Act by the County's Housing&Community Development Advisory Committee(H&CDAC),copy enclosed. On Friday, September 9, 1994,1 received a reply from the DA's office with the attached copy of a memorandum sent by the County Counsel to Mr. Jim Kennedy of the Community Development Department regarding this issue. In the meantime,on August 23, 1994,1 sent a letter to Mr.Darnell Turner, Chairman,Housing& Community Development Advisory Committee,asking that I be placed on the agenda of their meeting of September 21, 1994,to explain how the committee has been violating provisions of the Brown Act. To date Mr. Turner has not replied. If the H&CDA Committee permits,I will not only explain the specific violations of the Brown Act but will warn the members that if they continue with these violations then there is a good possibility of a lawsuit being filed in the future against committee members,as allowed by provisions of the Brown Act. On Tuesday, September 13, 1994,1 will be asking the Contra Costa Chapter of the Mexican American Political Association to assume the responsibility of monitoring the violations of the Brown Act and of filing a lawsuit against the officers of the H&CDA(Mr. Turner,Ms. Alica Anderson,and Ms. Kris Baca), and the other committee members,if necessary. The County Human Relations Commission recently found a member of the H&CDA Committee guilty of a racist"joke". The members of the H&CDA Committee condoned this "joke" and tried to prevent the investigation by the HRC. The violations or the Brown Act are but another example of problems with this county committee that the Board of Supervisors should be addressing. Sincerely yours, TRY RODRIG Z y Contra Gary T.Yancey Office of District Attorne District Attorney Court House, Fourth'Floor Costa P.O. Box 670 Martinez,California 94553-0150 County (510)646-4500 F._ L aaut.ember 6, 1994 Rudy Rodriguez 1394 Cannon Drive Walnut Creek, CA 94596 RE: Brown Act Complaint Against the Housing and Community Development Advisory Committee Dear Mr. Rodriguez: I received a copy of your September 1, 1994 letter to the Grand Jury regarding your above referenced complaint. For your information, after receiving your initial complaint on August 3rd, I sent a letter to County Counsel dated August 4, 1994 asking them to respond to the particulars of your complaint. As County Counsel' s office is the legal advisor to said advisory committee, they have primary responsibility in ensuring Brown Act compliance. As a matter of routine, after a Brown Act complaint, I contact the attorney for the subject board and ask for a written response. I have found that such an approach not only brings the matter to the subject parties immediate attention, it also serves as a vehicle for resolving disputes over interpretations of the law and, hopefully, assure future compliance. To date, I have not received the written detailed response that I requested. I have, however, received some information indicating that County. Counsel is trying to once again educate the persons involved as to the errors of their ways (see enclosure) . I have been trying to find out when I can expect a response to my letter of inquiry but between vacation schedules (theirs and mine) I have not been able to ascertain a particular response date. As soon as a response is received, I will make a decision on enforcement options. Our usual method of operation in these types of cases is to warn the offending persons" of the serious nature of the Brown Act and the need for future compliance. I will generally spell out the violations I have found and ask for assurance that these lapses will not recur. If I am satisfied that a good faith effort will be made to comply with the mandates of the law in the future, the matter goes no further. If, however, there continues to be repeated violations, especially of a similar nature, criminal prosecution would be seriously considered. As soon as this matter is resolved, I will contact you with the results. Very truly yours, GARY T. YANCEY DISTRICT ATTORNEY '-4-- 1 — J es L. Sepulveda ka D puty District Attorney cc: Grand Jury COUNTY COUNSEL'S OFFICE CONTRA COSTA COUNTY MARTINEZ, CALIFORNIA Date: August 30, 1994 To: James Kennedy, Community Development Department From: Victor J. Westman, County Counsel By: Mary Ann McNett Mason, Deputy County Counsel Re: Housing and Community Development Advisory Committee/ Compliance with Brown Act We understand that complaints have been made that past Housing and Community Development Advisory Committee meetings have not been conducted in full compliance with the Brown Act (Gov. Code, § 54950 et. seq. ) . While we have not reviewed and are not commenting on alleged past conduct, we advise you in your capacity as staff to the Committee that great care should be taken to ensure that future Committee meetings comply with the Act. Failure to comply is unlawful and can result in criminal penalties . We suggest that you and your staff review with the Committee our memorandum of March 21 , 1994 which summarizes selected Brown Act provisions (copy attached) and attend the scheduled September 29 , 1994 workshop on "Complying With the Brown Act. " If you have any questions concerning the Committee' s compliance with the Act, please contact us . In general, it should be pointed out that if a majority of Committee members meet and discuss Committee business, that constitutes a meeting within the purview of the Act, even if it has not been scheduled as a meeting. For example, if the Committee adjourns a scheduled meeting, but a majority of members remain at the meeting site and continue to discuss Committee business, that is a meeting for purposes of the Act. (Gov. Code, § 54952 . 2 . ) As such, it is subject to the agenda posting, public comment and other requirements of the Act . Committee members should be reminded that an illegal "serial" meeting can occur when one Committee member telephones the others, asks their position on an item of Committee business and shares the position of other Committee members in an attempt to form a majority position on the item. (Gov. Code, 5 54952 . 2 . ) James Kennedy -2- August 30, 1994 The Committee should not consider an item which does not appear on the posted agenda on the grounds that an emergency exists necessitating consideration of the item. It is unclear when the Committee would ever have reason to do so, insofar as the Committee does not address work stoppages or public disasters . (Gov. Code, § 54954 . 2(b) . ) Upon a determination by two-thirds vote of the Committee that there is a need to take immediate action and that the need for action came to the attention of the Committee after the agenda was posted, the Committee may consider an item not listed on the agenda. (Gov. Code, § 54954 . 2(b) . ) Even under these circumstances, great caution should be exercised in determining whether a basis for deviation from the agenda exists . Any subcommittee created by formal action of the Committee and which has a continuing subject matter jurisdiction (i .e. an Executive Committee, or other standing subcommittee) is subject to the Act and must comply with the Act. (Gov. Code, § 54954 (a) . ) Any member of the Committee who attends a Committee or subcommittee meeting where action is taken in violation of the Act, and who had wrongful intent to deprive the public of information to which it is entitled under the Act, could be found guilty of a misdemeanor. (Gov. Code, § 54949 . ) If you have any questions about any of these matters, please contact us . MAM\am cc: District Attorney' s Office 1894 Cannon Drive Walnut Creek, Ca. 94596 August 23, 1994 Mr. Darnell Turner, Chairman Housing & Community Development Advisory Committee Contra Costa County 651 Pine Street Martinez, Ca. 94553 Dear Mr. Turner: I wish to be placed on the agenda for the next meeting of the Housing &Community Development Advisory Committee, September 21, 1994, to address the issue of the Ralph M. Brown Act. This is an area that I believe needs particular attention by your members, especially since the committee has been violating certain provisions of the Act. Specific violations will be cited in my presentation. Your prompt response to this request would be appreciated. Please feel free to call me at (510) 935-8987. Sincerely yours, R G. Rodriguez