Tuesday, December 18, 2012

(Monterey Co) Marina to Grand Jury: "respectfully disagree"

By LARRY PARSONS, The Herald Staff Writer -

About 10 days before the November election, the Monterey County civil grand jury took a shot at Marina's political leadership.

On Tuesday, the Marina City Council, led by newly re-elected Mayor Bruce Delgado, will craft its formal response to the blistering grand jury report.

In an interim report released Oct. 26, the grand jury criticized an unidentified council member, widely seen as being Delgado, for interfering with city business on the staff level.

And the grand jury said an ad hoc city committee dealing on issues with the Marina Equestrian Center hadn't been forthright with public requests for committee documents in violation of the state open meeting law. It also criticized the city for not having a plan to make the equestrian center a public park, as required by the initial donation of the land to Marina by the National Park Service.

At the time, city officials were split along political lines about the accuracy of the grand jury report and its release so close to the Nov. 6 election.

Under state law, the city has 90 days to formally respond to the grand jury, and a proposed response has been drafted by Councilmen Frank O'Connell and David Brown.

Their response "respectfully disagrees" with the grand jury's finding that at least one council member acted in an administrative capacity and interfered in negotiations for potential business developments.

"The council is not aware that any of its members have violated any such laws or policies, nor have any ... made any promises, representations or commitments," the draft response says.

As for the ad hoc committee, the draft response said the group has done its work and should be dissolved by January. A delay in providing a member of the public with a copy of a PowerPoint presentation to the committee was a minimal violation of the state meeting law and was "cured" within 30 days, the draft response says.

The council will consider a grand jury recommendation to enact an ethical code for city officials, the draft response says.

Also Tuesday, the Marina council is scheduled to:

· Hold a public hearing on a request by Carmel Marina Corp. to raise waste disposal rates for residential and commercial customers by 1.5 percent, excluding senior citizen rates.

· Consider changes to the project approvals for the The Dunes on Monterey Bay to defer impact fees for the low-cost housing project, the University Villages Apartments.

Developer South County Housing is seeking deferral of about $350,000 in impact fees until building permits are issued and another $350,000 until final building inspection.

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