(Monterey Co) Grand jury criticism stirs up Marina

By LARRY PARSONS, Staff Writer, The Herald -

Council split on accurary (sic) of report

Criticism from the Monterey County civil grand jury about the Marina City Council dropped an October surprise into the City Council races a week before the election.

The six-page interim report released Friday by the grand jury — a 19-member body that spends a year reviewing local government operations — knocked the City Council on two fronts.

First, the grand jury said at least one unidentified member of the council — political rivals pointed the finger at Mayor Bruce Delgado — has taken on administrative tasks properly left to the city staff, sowing public confusion and interfering with business negotiations.

"As an opposition, we have raised concerns of that (kind) on several occasions, particularly with the mayor being involved in things," said Steve Emerson, a financial consultant challenging Delgado's bid for a third term in next Tuesday's election.

Delgado said tight finances have made it necessary for council members to take a more hands-on approach on a variety of city issues, from writing council reports to meeting with constituents. But Delgado said he has never negotiated or made promises on behalf of the city.

"You can't pretend to represent the city and commit the city," Delgado said. "But you can be an ambassador."

On another issue, a 4-year-old ad hoc city committee dealing with a former Army equestrian center received in 1993 by the city from the federal park service, the grand jury questioned the length of time the committee has been operating. The equestrian center is leased to the non-profit Marina Equestrian Association.

Also, the grand jury said there were two committee violations of the state open meetings law — the Brown Act — involving public availability of minutes of committee meetings and part of a report presented to the panel.

And the grand jury said the city has never completed a plan to make the equestrian center a public park — a requirement of receiving the land from the federal park service — and "the valuable asset could be at risk."

Councilman Jim Ford, who is running for re-election, and Councilwoman Nancy Amadeo, who often are at odds with Delgado and Councilmen David Brown and Frank O'Connell, on Monday expressed satisfaction with the grand jury on both points.

"I think it is very accurate," Amadeo said. She said Delgado considers it his job "to be involved in everything." She said it was surprising that people had such a hard time trying to get records from the ad hoc committee.

"That report is pretty accurate," said Ford, who said he had repeatedly raised concerns about council members getting involved "with things they shouldn't be."

O'Connell, who also is running for re-election, said he was disappointed the grand jury released the report so close to the election. The council, as a group, won't be able to begin addressing the report until after the election, he said.

"My concern is it will be used as a political football," he said.

O'Connell said he wasn't aware of any Brown Act violations regarding the ad hoc committee. And he said the city made little progress toward enhancing public use of the equestrian center under previous councils.

"We have to make certain we address (the federal park service) concerns, and we will," he said.

Brown said he didn't have the backup information reviewed by the grand jury to judge the report's accuracy. He said he had no idea "what they are talking about" in regards to council members interfering with staff matters.

"I don't know if it is true or false," Brown said. "I rarely deal with individual staff members, other than the city manager."

Brown said an ad hoc committee on mobile home rents also operated for several years before the city passed a rent-control law in 2011. He said he doesn't know of any strict rule that limits the duration of such panels.

He agreed with the grand jury about the importance of the public-park requirement for the equestrian center, saying the city needs to "do something to be in compliance."

As to the impact of the grand jury report on Tuesday's election, council members had varied thoughts.

"It could affect it either way," Brown said.

Amadeo said: "I don't know how much people are paying attention. If they are paying attention, yes it could."

Along with the mayoral match between Delgado and Emerson, five candidates — Ford, O'Connell, city Commissioner Darlena Ridler, attorney Gail Morton and peace officer Larry Starkey — are vying for two council seats.

Enacting an ethical code of conduct for all Marina city officials is one of the grand jury recommendations.

Emerson said, "It's a sad reflection of where we are."

Delgado said the timing of the report didn't bother him. "I think most people will see crime is down, development is doing pretty well ... revenues are up and the deficit is down," he said.