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Nevada City hopes to one day acquire Sugarloaf Hill to preserve for recreational trails and open space.
When a Nevada City City Council subcommittee met last month to discuss the future of Sugarloaf Hill, a looming 35-acre mound that greets those driving into town, the gathering might have been a violation of California's open-door law.
The Oct. 8 meeting, meant to discuss the city's progress in trying to preserve the tree-covered hill, was never promoted with a public notice - which is required by the Brown Act.
"If they failed to post an agenda or a notice, that would be a violation of the Brown Act," said Jim Ewert, an attorney for the California Newspaper Publishers Association.
City Councilman Steve Cottrell agreed, but other board members said it was just an honest mistake made by City Manager Mark Miller.
Miller did not send out a public notice about the meeting, he said, but it was discussed openly at a Sept. 27 City Council meeting.
"It would be pretty stupid to announce it in front of the press and the public and then have a public meeting in private," Miller said.
Planning Commissioner Ruth Poulter said she believes the reportedly accidental move was planned.
"They wanted to strike up a deal without the public knowing what was going on, and that is just not right," she said.
The City Council has listed the acquisition of Sugarloaf as one of its top three priorities of land to buy for open space and hiking trails. The city already has $510,000 set aside for the potential purchase - money that came from state grants.
Nevada City officials have been in closed-session negotiations with Sugarloaf owner George Mull and his family, and the Oct. 8 meeting was set up to discuss the progress. Miller called it a "meet-and-greet session."
Miller said the Oct. 8 meeting was relatively uneventful.
It was held in the Council Chambers and was attended by the property owners and their representatives, along with Mayor Conley Weaver, Planning Commissioner Laurie Oberholtzer, Miller, former Mayor Paul Matson, and Nevada City resident Liz Ely. It lasted about 45 minutes and "no terms were discussed. There was no negotiating," Miller said, who was appointed to the Sugarloaf committee by Weaver.
"(The Mull family wanted to know) how would the process work and what would the time frames be from beginning to end, assuming an accord could be reached. What the parameters were was not discussed," Matson said, who said he was unaware the meeting had not been noticed.
The Mull family also owns Manzanita Diggins, a 100-acre property east of Sugarloaf. While there has been no official proposal, the family has expressed interest in development potential for the property in the past, Matson said.
The Oct. 8 meeting, meant to discuss the city's progress in trying to preserve the tree-covered hill, was never promoted with a public notice - which is required by the Brown Act.
"If they failed to post an agenda or a notice, that would be a violation of the Brown Act," said Jim Ewert, an attorney for the California Newspaper Publishers Association.
City Councilman Steve Cottrell agreed, but other board members said it was just an honest mistake made by City Manager Mark Miller.
Miller did not send out a public notice about the meeting, he said, but it was discussed openly at a Sept. 27 City Council meeting.
"It would be pretty stupid to announce it in front of the press and the public and then have a public meeting in private," Miller said.
Planning Commissioner Ruth Poulter said she believes the reportedly accidental move was planned.
"They wanted to strike up a deal without the public knowing what was going on, and that is just not right," she said.
The City Council has listed the acquisition of Sugarloaf as one of its top three priorities of land to buy for open space and hiking trails. The city already has $510,000 set aside for the potential purchase - money that came from state grants.
Nevada City officials have been in closed-session negotiations with Sugarloaf owner George Mull and his family, and the Oct. 8 meeting was set up to discuss the progress. Miller called it a "meet-and-greet session."
Miller said the Oct. 8 meeting was relatively uneventful.
It was held in the Council Chambers and was attended by the property owners and their representatives, along with Mayor Conley Weaver, Planning Commissioner Laurie Oberholtzer, Miller, former Mayor Paul Matson, and Nevada City resident Liz Ely. It lasted about 45 minutes and "no terms were discussed. There was no negotiating," Miller said, who was appointed to the Sugarloaf committee by Weaver.
"(The Mull family wanted to know) how would the process work and what would the time frames be from beginning to end, assuming an accord could be reached. What the parameters were was not discussed," Matson said, who said he was unaware the meeting had not been noticed.
The Mull family also owns Manzanita Diggins, a 100-acre property east of Sugarloaf. While there has been no official proposal, the family has expressed interest in development potential for the property in the past, Matson said.
To rectify the mistake made by Miller, City Attorney James Anderson said a full report of the Oct. 8 meeting must be given at the next meeting of the committee, a solution Councilwoman Sally Harris said "sounded reasonable."
This meeting would have been today but has been canceled by Sugarloaf's owners, Miller said.
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What is the brown act?
The Ralph M. Brown Open Meeting Act is a 50-year-old California "sunshine law" that requires all legislative bodies, including a city council and its subcommittees, to provide advance public notice of hearings and meetings. Such meetings, with some exceptions, must be open to the public. The act also prohibits a majority of a governing body from meeting privately and discussing committee business.
For more information, see www.thefirstamendment.org/brownact.html
This meeting would have been today but has been canceled by Sugarloaf's owners, Miller said.
---
What is the brown act?
The Ralph M. Brown Open Meeting Act is a 50-year-old California "sunshine law" that requires all legislative bodies, including a city council and its subcommittees, to provide advance public notice of hearings and meetings. Such meetings, with some exceptions, must be open to the public. The act also prohibits a majority of a governing body from meeting privately and discussing committee business.
For more information, see www.thefirstamendment.org/brownact.html
