Planning Commission Voids Votes, Testimony After Brown Act Violation Claims

The Pacifica Planning Commission voted Monday night to rescind actions it took and declare null and void testimony it gave at a Sept. 19 meeting.

The move is an official response to allegations made by two residents that the commission at that meeting by discussing and taking votes about Caltrains’ plan to widen part of Highway 1 in Pacifica.

"The City takes compliance with governmental transparency laws very seriously and recognizes the importance of providing public access to the decision-making process," Pacifica Planning Director George White wrote in his report to the commission, included in Monday night’s agenda packet.

Mark Stechbart, a political consultant, and Jim Wagner, a local mortgage broker, sent a letter to the San Mateo District Attorney's Office following the Sept. 19 meeting alleging that the commission broke the law. They said that by discussing at length Caltrans' methods of taking public testimony during its Calera Parkway project, which would widen part of Highway 1 in Pacifica, and taking three votes about the issue, one of which approved a request that the transit agency extend a public comment period about a document pertaining to the project, without giving the public any notice, the commission violated the Brown Act, or public meetings law.  

In addition to voting to approve the request that Caltrans extend the public comment period, the commission voted to consider the Calera Parkway project further at an Oct. 3 meeting and an Oct. 17 meeting, but the Oct. 3 meeting was cancelled shortly after the vote was taken and the purpose of the Oct. 17 meeting was changed so as not to reflect the votes taken on Sept. 19.

Following the Sept. 19 meeting, however, the Pacifica City Council added the possibility of asking Caltrans to extend the public comment period to its agenda for Sept. 26 and approved the request that night. Caltrans later granted the extension.

At an Oct. 10 meeting, the council discussed the accusations made against the Planning Commission during closed session and directed staff to seek a solution.

Pacifica City Manager Stephen Rhodes said Tuesday that based on the and the city's own look into the incidents, staff recommended that the Planning Commission to take self-correcting action.

Assistant District Attorney Albert Serrato, who was conducting the investigation into the commission's actions, said that he has not concluded his investigsation, but the Monday night vote is reassuring.

"We’ll allow the process to unfold and see if corrective actions are taken," he said. "If in fact remedial action has been taken, and I need to look at what occurred at the meeting last night and it does seem as if they were aware of the violations and have taken steps to undo and to arrange for training to prevent future incidents from occurring, I'll close my investigation."

According to a staff report, the Planning Commission unanimously voted to:

• Rescind the three motions related to the [the document for which the public comment period was extended] made Sept. 19, 2011;
• Declare that the Planning Commissioner's testimony made regarding the Calera Parkway DEIR is null and void;
• Acknowledge that the Planning Commission meetings related to the DEIR have been cancelled and the City Council independently addressed the issue at a duly noticed public meeting, and
• Commit to attending a Brown Act training seminar.

This does not mean that the Planning Commission is legally admitting it violated the Brown Act, White said. It’s simply a response to a letter the city received from the district attorney’s office stating it was the city’s job to respond to the allegations of wrongdoing.

White said it was the place of a city attorney’s representative to say whether Monday night’s actions were an admission that the Brown Act was violated.

A representative of the city attorney’s office has not responded to any of Pacifica Patch’s calls regarding this ongoing issue.

“In my view it [Monday night’s vote] was intended to be a remedy to respond to the D.A.'s letter,” White said. “Whether that's acknowledgement legally or not.”

Staff's recommendation that the commission take the corrective action was not listed in the original agenda for Monday night's meeting, but was added on Wednesday, Oct. 12.

The commission voted unanimously to take the corrective action, with Commissioner Thomas Clifford absent.

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