Brown Act investigation continues

Lolita Harper

COSTA MESA -- The Orange County district attorney’s office is

continuing to look into a possible violation of the state’s open-meeting

laws by Costa Mesa officials after receiving an official response

defending the city’s position.

Deputy Dist. Atty. Pete Pierce, of a special unit designed to

investigate government officials, confirmed he is still reviewing the

city’s response to claims of a violation of the Brown Act, the state law

that governs public meetings.

“Basically, we allowed the city to respond to the charges and we are

reviewing its response,” Pierce said.

Pierce launched a preliminary investigation in October after his

office received a letter from Costa Mesa resident Paul Flanagan, who

claimed the city violated the Brown Act during early subcommittee

negotiations of the development agreement for the Home Ranch project.

Flanagan is the president of the Costa Mesa Citizens for Responsible

Growth and a vocal opponent of the development.

Part of the state’s open-meeting law mandates that the public be

notified in advance if an issue is going to be discussed by a formal

committee set up by the City Council.

The city attorney’s office would not release a copy of its response to

the district attorney, saying it was not a public record, Assistant City

Atty. Tom Woods said.

“That’s a confidential communication,” he said.

In October, however, Woods said he was satisfied there were no

violations of the Brown Act.

Last month, Terry Francke, general counsel for the California First

Amendment Coalition, said the city may have violated the law by allowing

a formal steering committee -- consisting of two members of the City

Council and two members of the Planning Commission, as well as staff --

to directly negotiate the Home Ranch development agreement.

During a Feb. 20 meeting, council members voted to authorize the

formation of the steering committee and appointed Mayor Libby Cowan and

Councilwoman Karen Robinson to it. Planning Commission Chairwoman Katrina

Foley and Commissioner Bill Perkins were later chosen to represent the

Planning Commission.

The council’s official vote is evidence that the subcommittee was

formally created and makes it subject to the Brown Act and all the

open-meeting rules that come along with it, Francke said in October.

Although it has been about six weeks since the beginning of the

preliminary investigation, Pierce said it is not an unusual amount of

time.

-- Lolita Harper covers Costa Mesa. She may be reached at (949)

574-4275 or by e-mail at o7 [email protected] .