LJCPA Trustees: As each of you are aware the actions of the La Jolla Community Planning Association are regulated by Council Policy 600-24 (600-24) and the La Jolla Community Planning Association (LJCPA) Corporate Bylaws adopted and effective March 5, 2009 (Bylaws).
Pursuant to 600-24, the standard operating procedures and responsibilities of recognized community planning groups, it was determined that the LJCPA is an advisory body that is subject to California’s Open Meeting Law, the Ralph M. Brown Act (Brown Act). The intent of the Brown Act, as stated in Cal. Gov. Code section 54950 is that the LJCPA exist to aid in conducting the business of the people of La Jolla. It is the intent of the law that the LJCPA Trustee’s actions and all of their deliberations be conducted openly. The residents of La Jolla do not relinquish their control over to the LJCPA Trustees; you have volunteered to serve our community. In delegating authority to the LJCPA, we do not give the LJCPA the right to decide what is good for us to know and what is not good for us to know. We insist on remaining informed so that we may retain control over the process our city has created. This letter is to inform you the February 4th filing of the environmental determination appeal against the Bernate Ticino Residence and the unauthorized ratification of the appeal by the LJCPA Trustees at the publicly noticed meeting on February 7th, are in violation of the Brown Act, 600-24 and the Bylaws. These actions are in violation for the following reasons:
1. Prior to the filing of the environmental determination appeal on February 4th, 2013, the LJCPA did not post an agenda at least 72 hours before a regular scheduled meeting containing a brief general description of the business to be transacted or discussed at the meeting regarding whether or not if the LJCPA should file an environmental determination appeal of the Bernate Ticino Residence. Additionally, no action or discussion shall be undertaken by the LJCPA on a item not appearing on a publicly posted agenda. Therefore the environmental determination application was filed in violation of:
Brown Act: Section 54954.2. (a)(1): “At least 72 hours before a regular meeting, the legislative body of the local agency, or its designee, shall post an agenda containing a brief general description of each item of business to be transacted or discussed at the meeting, including items to be discussed in closed session. A brief general description of an item generally need not exceed 20 words. The agenda shall specify the time and location of the regular meeting and shall be posted in a location that is freely accessible to members of the public and on the local agency’s Internet Web site, if the local agency has one”.
Brown Act: Section 54954.2. (a)(2): “No action or discussion shall be undertaken on any item not appearing on the posted agenda, except that members of a legislative body or its staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights under Section 54954.3”.
600-24: Article VI Section 2 (a)(1): “In accordance with Brown Act section 54954.2(a), at least 72 hours before a regular meeting, the agenda containing a brief general description of each agenda item. The brief general description of each agenda item need not exceed 20 words per item unless the item is complex. The agenda shall also provide notice of the date, time, and location of the meeting. The agenda shall be posted in a place freely accessible to the general public and shall include information on how a request for accessible accommodation may be made. The listing of an agenda item shall include the intended action of the planning group regarding that item, for example, stating that the item is an information item only or it is an action item”.
Bylaws: Article VI Section 2. A. Meeting Procedures (1) REGULAR AGENDA POSTING: “At least 72 hours before a regular meeting, the agenda containing a brief general description of each agenda item shall be posted. Publicity regarding the time, place, and agenda of the next Regular Meeting shall be arranged through the local newspapers, the LJCPA website and via electronic communication to all groups and/or individuals requesting notification. The brief general description of each agenda item need not exceed 20 words per item unless the item is complex. The agenda shall also provide notice of the date, time and location of the meeting. The agenda shall be posted in a place freely accessible to the general public and shall include information on how a request for accessible accommodation may be made. The listing of the agenda item shall include the intended action of the LJCPA regarding that item [e.g., information item, action item].”
2. Prior to February 4th, 2013, there were no open deliberations and substantive discussions at a noticed planning group meeting of the LJCPA, in which the action taken by a majority of the members of LJCPA Trustees was based on a public motion and public vote that established a positive or a negative official position of the Bernate Ticino Residence. Evidence in fact, indicates the LJCPA President in a collective concurrence with another organization outside of a public setting established or determined the official position of the LJCPA against the Bernate Ticino Residence. Mr. Crisafi in concurrence with Ms. Julie Hamilton, an appellant and litigation attorney representing the La Jolla Historical Society (LJHS), each filed “word for word” identical DS 3031 Environmental Determination Appeal Applications (Exhibit A and Exhibit B) on February 4th, 2013, thereby establishing the official position of the LJCPA to oppose the project in violation of:
Brown Act 54952.6. “As used in this chapter. “action taken” means a colletive decision made by a majority of the members of a legislative body, a collective commitment or promise by a majority of the members of a legislative body to make a positive or a negative decision, or an actual vote by a majority of the members of a legislative body when sitting as a body or entity, upon a motion, proposal. resolution, order of ordinance.”
600-24: Article VI Section 1: “Planning group members shall conduct official business of the planning group in a public setting…..However, all substantive discussions about agenda items or possible group positions on agenda items shall occur at the noticed planning group meetings.”
600-24 Article 1 Section 4: “The official positions and opinions of the LJCPA shall not be established or determined by any organization other than the corporation or by any elected Trustee of the LJCPA, other than one authorized to do so by the corporation as a result of a vote taken at a noticed LJCPA meeting.”
Bylaws: Article I Section 3 Authority to Represent the LJCPA: “The official positions and opinions of the LJCPA shall not be established or determined by any organization other than the corporation or by any elected Trustee of the LJCPA, other than one authorized to do so by the corporation as a result of a vote taken at a noticed LJCPA meeting.”
3.At the LJCPA publicly noticed February 7th meeting, the Bernate Ticino Residence was item 12 on the posted agenda as an action item, “Appeal of CEQA Exemption – Feb 4th deadline”. Three days after the filing of an environmental determination appeal, the LJCPA Trustees voted to ratify the February 4th, 2013 unauthorized actions taken by Mr Crisafi. The vote for ratification was devoid of any public review, public comments and/or substantive discussions, as if the decision to ratify the unauthorized action taken was “fait accompli” in violation of:
Brown Act: 54953. (c) “No legislative body shall take action by secret ballot whether preliminary or final.
Brown Act: 54952.2: ” Except as authorized pursuant to Section 54953, any use of direct communication, personal intermediaries, or technological devices that is employed by a majority of the members of the legislative body to develop a collective concurrence as to action to be taken on an item by the members of the legislative body is prohibited.
600-24: Article VI Section 2 (ix) Collective Concurrence: “In accordance with Brown Act section 54952.2, any attempt to develop a collective concurrence of the members of a planning group as to action to be taken on an item by members of the planning group, either by direct or indirect communication, by personal intermediaries, by serial meetings,or by technological devices, is prohibited, other than at a properly noticed public meeting.”
Bylaws: Article VI Section 2 (9) Collective Concurrence: “Any attempt to develop a collective concurrence of the Trustees of the LJCPA as to action to be taken on an item by Trustees of the LJCPA, either by direct or indirect communication, by personal intermediaries, by serial meetings, or by technological devices, is prohibited, other than at a properly noticed public meeting.”
Trustees, as you are aware 600-24 provide various remedies for the above mentioned violations of its provisions. If you do not cure these violations, the LJCPA may have to forfeit its status as a recognized advisory body and lose its right to indemnification and defense by the City. If after your thorough investigation, you come to the same conclusion we have, and it is determined the President of the LJCPA has once again violated (1912 Spindrift), provisions of the Brown Act, 600-24 or the Bylaws, you are required, if feasible, to seek a remedy that corrects the violations and allows him to remain as a member of the LJCPA. However, if corrective action or measures are not feasible the planning group may remove him by a two-thirds vote at a regularly scheduled public meeting.
Trustees, the integrity, creditability and transparency of our community group are once again in serious question by the community. It is inequitable for the leadership of our community group to continue to operate the business of our community based upon unapproved bylaws. Each of you has taken an oath to uphold the highest standards of community service, and that you will fairly and impartially consider all points of view, refrain from self-interest, and respect all those with whom and for whom you serve. You have sword to comply with the Bylaws of the Community Planning Association adopted and effective March 5, 2009 and City Council Policy 600-24. You have sworn to dedicate your service towards the betterment of the community of La Jolla; we are therefore optimistic and confident you will honor your commitment to our community. It is time to take action and remove those that continue to ignore the Brown Act, 600-24 and the Bylaws from our community group.
Thank you for your time and effort serving our community.