says city may have violated Brown Act
Quarry Creek approval at issue
May 6, 2013
An environmental group critical of the planned Quarry Creek
condominium and apartment complex along state Route 78 has
accused Carlsbad officials of violating state open meeting
laws in approving the project.
a formal letter sent Monday to Mayor Matt Hall and the City
Council, Preserve Calavera said the council improperly held
closed door discussions on the project without giving proper
advance notice and didnt disclose any actions that may
have resulted from those discussions as required by the state
law, commonly known as the Brown Act.
group is demanding that the council explain its actions and
take steps to remedy them.
Hall said Monday that the discussions Preserve Calavera cited
never sat down and discussed anything about the project in
closed session, he said.
lawyer for Preserve Calavera, Everett DeLano, wrote in the
demand letter that council members in a March 26 public meeting
commented that discussions regarding threatened litigation
concerning the project had occurred in closed session.
said the city didnt provide notice on the posted agenda
for the March meeting that Quarry Creek would be discussed
in closed session nor did officials report publicly on any
action taken in closed session.
said Preserve Calavera has misconstrued what happened.
said that as he and other council members left a closed session
and were heading toward a public council meeting, one of the
council members Hall said he didnt remember who
asked about Planning Commission recommendations on
my memory serves me correctly, we finished closed session,
we were walking out of the room and one of my colleagues asked
me about the Planning Commission and their recommendations
and I believe (City Attorney) Celia (Brewer) said that we
will have to conduct the business on the dais, Hall
said Monday that she vaguely remembers the comments
and backed up Halls account.
was just a procedural question, Brewer said. We
never discussed Quarry Creek in closed session, it was not
a discussed item, there was no decision making.
said DeLano is trying to put together some facts in
a way that serves him.
said if there was any discussion of the project in closed
session without public notice, the council may have to reopen
public hearings on the project and take a new vote on it.
the very least, DeLano said the city must explain within 30
days how the councils actions didnt violate the
may have to revote it. I dont know since I dont
know what happened in the closed session, DeLano said.
I would expect what ends up happening is they need to
go back and redo those discussions and revote on the project
project, which would have 656 apartments and condominiums
on a 156-acre site that is a reclaimed rock quarry, was approved
by the City Council April 2.
Calavara President Diane Nygaard said her goal is to reopen
public review of the project to make it smaller and require
the developer, McMillin Companies, to take additional steps
to mitigate traffic and environmental problems the project
goal is to end up with a project that works for this community,