Correspondence Between Robert A. Ryan, Sacramento County Counsel, to Deborah Byrne, Chair of the Rio Linda Elverta CPAC
June 10, 2001 letter from Deborah Byrne to Robert A. Ryan
June 21, 2001 letter from Robert A. Ryan to Deborah Byrne
July 3, 2001 letter from Deborah Byrne to Robert A. Ryan
May 31, 2001 letter from Robert A. Ryan,
Sacramento County Counsel, to Deborah Byrne, Chair of the Rio Linda Elverta CPAC
June 10, 2001 letter from Deborah Byrne to
Robert A. Ryan
Deborah Byrne
8031 Rivergreen Dr.
Elverta, CA 95626
(916) 991-7097
June 10, 2001
Robert A. Ryan, Jr.
County Counsel
County of Sacramento
700 H Street, #2650
Sacramento, CA 95814
Mr. Ryan:
Thank you for responding so promptly to my questions and concerns regarding any possible
Brown Act problems with respect to the Florida Power and Light application now before
the California Energy Commission requesting a permit to build a power plant in our
community. As I indicated to you, it is difficult to understand these issues without
guidance, as none of the members of the CPAC have received any training relating
to the Brown Act or any other part of our duties as members. We want to avoid even
the appearance of non-compliance.
As you know, many members of the community are meeting to discuss the power plant
application. The name of the community group is the Florida Power and Light Liaison
Committee (FPLLC). Several of those in attendance on any given day may be members
of the CPAC as well. When this committee was originally formed, it was due to the
fact that the CPAC did not appear to be the proper place to discuss this issue. Since
then, it has come to the attention of the CPAC that indeed there may be a zoning
issue, and many members of the community have asked the CPAC to study this part of
the power plant issue.
To avoid any possible problem relative to the Brown Act, you have indicated to me
that the CPAC may take up this very narrow issue of land use and if the proper zoning
is in place, as long as the CPAC does not discuss the other issues (for instance,
air quality), and conversely, the FPLLC does not discuss the land use issue. I can
assure you that now that the CPAC has agreed to hear the land use issue, the FPLLC
will be asked to refrain from discussing the land use issue at the FPLLC meetings
except to say that the CPAC is handling this part of the whole power plant issue.
If I have misunderstood in any way our discussion, please let me know as soon as
possible, as there is a CPAC meeting on June 12, 2001 at which the power plant land
use issue is an agenda item for discussion. Thank you again for your help.
Very truly yours,
Deborah Byrne
cc: Supervisor Roger Dickinson
Mr. Tom Hutchings
June 21, 2001 letter from Robert A. Ryan to
Deborah Byrne
July 3, 2001 letter from Deborah Byrne to Robert
A. Ryan
Deborah Byrne
8031 Rivergreen Dr.
Elverta, CA 95626
(916) 991-7097
July 3, 2001
Robert A. Ryan, Jr.
County Counsel
County of Sacramento
700 H Street, #2650
Sacramento, CA 95814
VIA FACSIMILE
Re- Rio Linda/Elverta CPAC and Florida Power and Light
Mr. Ryan:
As you may recall, members of the Rio Linda / Elverta community formed the Florida
Power and Light Liaison Committee (FPLLC) after county officials assured the CPAC,
which I chair, that the zoning for a proposed power plant in our community was already
in place, and therefore not an appropriate issue for the CPAC.
After more information was gathered, including input from the California Energy Commission
(CEC) and more requests from the community for CPAC involvement, the CPAC came to
the conclusion that it should look at the land use issue. When it came to your attention
that the CPAC would hear this issue, you sent a letter warning of possible Brown
Act problems. Based on our discussion, I thought we were going to be able to avoid
those problems and still have CPAC members on FPLLC, but your second letter casts
doubt on that conclusion.
Since you have been unavailable, I asked John Whisenhunt to clarify the County Counsel's
position regarding participation by CPAC members in the FPLLC. The question specifically
was, "is it a problem if there is a quorum of CPAC members at the FPLLC meetings,
or is it a problem if any number of CPAC members greater than one participates in
these meetings?"
He indicated initially that he thought it would only be a problem if there was a
quorum of CPAC members present. Then he said he couldn't actually answer the question
because he would then be speaking for you, and perhaps you have a different interpretation.
I told him that it appears that, based upon your letter of June 21, 1 have no choice
but to resign as co-chair of the FPLLC. He said that I should just wait for you to
get back. He initially said that you wouldn't be available until July 16. Now he
is saying that you will be available on July 11.
I don't know which answer to believe, as it appears that they change on a regular
basis. Given my desire to adhere to all applicable laws, and to avoid even the appearance
of a potential problem, I am tendering my resignation as the FPLLC's co-chair with
a fair amount of regret, as well as a considerable degree of frustration with you
and your office.
To recap, you contacted us regarding possible Brown Act issues with respect to the
involvement of CPAC members with the FPLLC. In our discussion on June 6 or 7, 1 specifically
asked how to avoid problems, and described a possible course of action. You said
the course of action I described would avoid Brown Act problems. It would have been
nice if you had expressed doubt regarding whether we could actually achieve the course
of action when we had this discussion. Your letter of June 21 saying that there could
still be problems came as a complete surprise to me, especially when you say that
my understanding of our discussion was correct.
My frustration arises because it seems that when we as a community try to do anything,
instead of support from the County, all we get is roadblocks. The County said the
CPAC wasn't the place to hear this issue (apparently erroneously), so we formed a
separate committee of community members. However, since some of those community members
are also on the CPAC, the County has a problem with that too. Instead of continuously
telling us how we can't do something, it would be nice if someone from the County
would actually do something helpful and tell us how we could do something.
This community is determined to discuss this issue and have an impact on the outcome.
The CEC has indicated that the CPAC is part of the local jurisdiction, as the CPAC
members are appointed as the local representatives by the Board of Supervisors. Since
your office has said we can't discuss this issue outside the CPAC without Brown Act
problems, I guess by default we will discuss this issue only within the CPAC, adhering
to all rules and regulations governing our body.
Given our desire to abide by all relevant laws and regulations -- and utter failure
of anyone at the your office to provide any training or guidance to CPAC members,
except to say we are doing it wrong -- I am formally requesting that a representative
from your office be present at our CPAC meetings, to advise us until the power plant
issue has been resolved and to make sure we do it right. This representative should
be knowledgeable in the Brown Act, including use of closed sessions, formation of
special committees by the CPAC and required public notice for meetings; and zoning
agreements, especially recession thereof.
Our next CPAC meeting is on Tuesday July 10, 2001 at the Rio Linda Community Center,
810 Oak Lane, Rio Linda. The meeting starts at 7 p.m. I anticipate that, given the
complicated nature of this issue (as you have pointed out), the CPAC will need to
meet more often than once a month to resolve this issue in a timely manner. I look
forward to receiving your call confirming that your representative will be at this
and future meetings.
Furthermore, although I have alluded to that fact that the CPAC would like some training,
I would now like to formally request that we receive training as soon as possible
with respect to the Brown Act, as well as CPAC duties, responsibilities, obligations,
what procedures to follow, etc.
Thank you for your attention to this matter.
Sincerely,
Deborah Byrne
Chair, Rio Linda / Elverta CPAC
Cc: John Whisenhunt, County Counsel's Office
Lance Shaw, California Energy Commission
Tom Hutchings, County Planning Department
Roger Dickinson, Supervisor
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