Menlo faces decision on open-meeting issue, child care facility Menlo faces decision on open-meeting issue, child care facility (March 09, 2005)

By David Boyce

Almanac Staff Writer

A two-year-old violation of state law -- a violation that some are calling minor and others substantive -- may delay controversial plans to begin remodeling the old Menlo Park police station into a child care center.

City Attorney Bill McClure -- who last week admitted that the city had technically violated the state's open meeting law in 2003 in several meetings of a child care task force -- sent an e-mail message to City Council members acknowledging errors in not notifying the public about the time, date and agenda of the task force meetings, a violation of the Brown Act.

Mr. McClure's message landed at the desks of a divided council, a majority of which favors renovating the old police station for child care use. At its March 8 meeting, the council may vote to award a contract to begin remodeling, or it may pause to address the Brown Act concerns, which were raised by residents who are critical of the remodeling plan.

The violation of the open meeting law came to light after Councilwoman Kelly Fergusson -- a proponent of a new "from-scratch" child care center -- was told that minutes did not exist for the task force meetings. She claimed a violation of the open meeting law and asked Mr. McClure for an opinion.

City staff were unaware that task force meetings were subject to Brown Act regulations, said City Manager David Boesch in a March 3 memo to the City Council. The act requires that the public be informed as to the time, place and agenda of meetings.

Mr. McClure presented three paths the council could take:

** Award the contract, since the 90-day complaint window over a Brown Act violation closed long ago.

** Hold a new task force meeting with the original members to "cure the technical (Brown Act) violation," though such a step is not legally required.

** Start over with a new child care task force.

In her response to Mr. McClure, Ms. Fergusson called the violations "serious and substantive," adding that the task force deliberations lacked public comment. The council should postpone a decision on the remodeling contract and convene a special meeting to discuss the "how to rectify" the Brown Act violations, she said.

Mayor Mickie Winkler took a lighter view. "Yes, there was a glitch on the notifying," she said. "This was a staff mistake. No one seemed concerned about it at the time. This is an opportunity to move forward on a really good remodeling program."

Postponing the contract would be inadvisable, she added. The city has "an excellent bid" of under $3 million, she said, and she has "heard indications" that the contractor would like to get out of the contract.

"I love the facility that's been designed," she said. Asked which of Mr. McClure's options she preferred, Ms. Winkler said she was still thinking about it.

On the 2003 child care task force were Ken Ranella, superintendent of the Menlo Park City School District; Menlo Park parents Wayne Thompson, Nancy Travers, Joanne Goldberg, and Nancy Hosay; Vernetta Wilson from SRI; Chuck Bernstein, a child care development professional; Richard Cline from the Parks & Recreation Commission; Councilwoman Lee Duboc; Marcy Conn of the county Child Care Coordinating Council; and Vicky Howle, a child care teacher.

Representing the city were Assistant City Manager Audrey Seymour, Community Services Manager Bob Roessler, and Supervising Engineer Art Morimoto.

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