alleges misconduct in housing decision
May 9, 2013
CARLSBAD Local environmentalist group Preserve Calavera
has demanded the withdrawal of Carlsbad City Councils
decision approving the Quarry Creek housing development.
group is alleging that council members held an illegal closed
session meeting about the project, therefore making their
decision invalid.City Attorney Celia Brewer has denied that
any closed session meetings on Quarry Creek took place. She
said that the statement by Mayor Matt Hall that Preserve Calavera
based its claims on was a fumbling of words during a late
night meeting that lasted more than five hours.
Monday, May 6, Preserve Calaveras attorney Everett DeLano
submitted a letter to the city claiming that City Council
violated the Brown Act, which requires city governments to
provide public notice in advance of closed session meetings
and later publicly report any action taken during such meetings.
group pointed to a statement that Hall made during discussions
of Quarry Creek at a March 26 City Council meeting.
the statement in question, Hall was raising the issue of whether
or not City Council should continue the meeting, which at
the time had extended past 11 p.m., or continue discussions
to a subsequent meeting. He explained to other council members
that before they made a final decision on the Quarry Creek
proposal, Were going to have to give input on
those items that we discussed in closed session so we can
provide the final documents.
said that Hall misspoke due to the late hour, and he was instead
referring to items publically brought forth by the Planning
Commission, which he had referenced seconds before.
was 11:30 at night, she said.
Calavera has been the largest, most continuous opposition
to the 656-housing unit Quarry Creek development during the
citys months-long review and deliberation. Dozens of
members have spoken and made presentations against the project
at public meetings and collectively submitted hundreds of
pages of correspondence to the city, citing concerns about
the projects impact on the natural habitat and historical
attributes of the developments site.
is certainly public knowledge that Preserve Calavera does
not support the Quarry Creek project as it was approved,
the group be able to establish that a closed session meeting
took place and actions were taken, the city would be required
to retract the decision by City Council on April 2 that approved
the Quarry Creek project, according to DeLano.
asked whether the Brown Act claim was an attempt by Preserve
Calavera to find legal means to delay or halt Quarry Creek,
DeLano said, I dont think its (the allegation)
a foil. (Brown Act violations are) definitely a part of Preserve
he said further, Does it have Preserve Calaveras
attention because its Quarry Creek? Well, Id have
to say yes. He also stated, If it were another
open government issue that didnt involve Quarry Creek,
would they be involved? I dont know.
said that the city will respond to Preserve Calaveras
letter within 30 days to establish that no violation occurred.