Costa Mesa mayor denies Brown Act violation

Lolita Harper

COSTA MESA -- Mayor Libby Cowan denied Monday that a city committee

was created to negotiate a controversial development agreement between

the city and C.J. Segerstrom & Sons for the Home Ranch project, in

potential violation of the state’s open meeting law.

During the public comments portion of Monday’s council meeting,

resident David Martinez questioned council members about meetings held by

a steering committee designed to discuss the Home Ranch project.

Martinez said he understood the committee -- consisting of two members

of the City Council and two members of the Planning Commission, as well

as staff -- was formed with the specific intention of negotiating details

of the development agreement between the city and C.J. Segerstrom & Sons.

Martinez asked a series of questions of Cowan until City Atty. Jerry

Scheer urged her not to answer any more.

Still, Martinez got in one last question.

“Are you denying that?� Martinez asked Cowan.

“I am,� Cowan said.

The Home Ranch project proposes a 17-acre Ikea furniture store,

791,500 square feet of office space, 252,648 square feet of industrial

and 192 homes.

The same steering committee has been scrutinized by the Orange County

district attorney’s office. Deputy Dist. Atty. Pete Pierce, of a special

unit designed to investigate government officials, said he has opened a

preliminary investigation into a possible violation of the Brown Act, the

state law that governs public meetings.

Part of the law mandates that the public must be notified in advance

if an issue -- in this case the development agreement -- is going to be

discussed by a formal committee set up by the City Council.

During the Feb. 20 meeting, council members voted 4 to 1, with

Councilman Chris Steel opposed, to authorize the formation of the

steering committee to directly negotiate the Home Ranch development

agreement.

Councilwoman Karen Robinson and Cowan were appointed to represent the

council and Planning Commission Chairwoman Katrina Foley and Commissioner

Bill Perkins were later appointed to represent the commission.

A Feb. 7 staff report -- outlining the option to form the committee

that the council later approved -- described the steering committee as

being “directly involved with property negotiations.� The report also

stated that “council and commission representatives would have authority

to negotiate on behalf of the full council and commission.�

Scheer was unavailable for comment, and Cowan declined to comment

Tuesday.

The district attorney’s office investigation was prompted by a letter

from Costa Mesa resident Paul Flanagan, who claimed the city violated the

Brown Act during the early subcommittee negotiations of the development

agreement for the Home Ranch project.

The city attorney’s office has denied any violations.

Terry Francke, general counsel for the California First Amendment

Coalition, said the city may have violated the law by allowing a formal

steering committee to discuss the development without notifying the

public or allowing residents to attend.

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

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