The Santa Barbara County Association of Governments is being accused of violating the Brown Act, California’s open-meeting law, after it approved channeling money from a Highway 101 widening project toward construction of a suicide barrier on Cold Springs Bridge.

 

Marc McGinnes, a former lawyer and a representative for Friends of the Bridge, a local group opposed to the barrier, sent a letter to the county’s District Attorney’s office calling for an investigation and then to take “appropriate civil and criminal actions to address the violation.”

On June 18, SBCAG approved as a consent item — meaning there was a consensus to approve without open discussion — a fund transfer between three construction projects to close a shortfall for the $12.5 million Highway 101 Ellwood/Cathedral Oaks interchange project in Goleta.

The proposal was spearheaded by Caltrans and will shift federal stimulus dollars slated for the Milpas/Hot Springs freeway widening project to the Cold Springs Bridge Project. Money for the suicide barrier, which can be tapped immediately, would then be reallocated for the project in Goleta.

“The proposed funding trade would help ensure timely delivery of two projects supported by SBCAG — the Elwood/Cathedral Oaks interchange and the Cold Spring Bridge,” reads the staff report.

Though SBCAG provided a staff report on the proposal, it did not name or refer to these two projects in its consent calendar.

“Thus, stakeholders and other members of the public interested in participating in SBCAG decision-making concerning either or both the Cold Spring Bridge barriers and/or the Hwy 101 Milpas to Hot Springs Road widening project were deprived of notice of the proposed action(s) and the opportunity to be heard,” wrote McGinnes in a letter to the association.

As of press time, SBCAG Chairwoman Lupe Alvarez did not respond to several attempts to contact her for comment.

Kevin Redding, legal counsel for SBCAG, dismissed the accusation. He said because the item was primarily about funding the Ellwood/Hollister project, naming the other projects in the consent calendar was unnecessary. “This was not about the bridge,” he said, adding that the staff report, which details the proposal’s impact on the other projects, was posted on SBCAG’s bulletin board and on its Web site.

“That is laughable,” McGinnes responded, during an interview with the Journal. “And it’s not just laughable. What they did is illegal.”

“If you’re reading an agenda that doesn’t appear to pertain to anything you’re concerned about, why would you go online?” McGinnes said. “Carrying that argument to a logical conclusion, you’d have to say there’s a duty on the part of any citizen who’s interested in any topic to not only read the agenda item description but all the staff reports. No court would agree with that. They’re hoping that the court will agree with his characterization.”

McGinnes said his group and the public have been stymied in the past to find out the status of the suicide barrier project.

“This is not just a mistake,” he said. “This looks like an intentional evasion of accountability. If it wasn’t intentional, it was so careless as to be unbelievable.”

McGinnes said he is confident that a judgment by the District Attorney’s office will side with him.

He said the only way for SBCAG to “correct the violation” would be to revisit the issue at a future hearing and give “proper public notice.” Though Friends of the Bridge has opposed the barrier from its inception, arguing that it will destroy the aesthetic qualities of the bridge and will only encourage those determined to commit suicide to go elsewhere to end their lives, McGinnes said this is strictly about accountability.

“When it’s brought back to hearing, it will be given the legitimate comments that it merits,” McGinnes said. “I suspect they’re going hear from their constituents, particularly those concerned about the freeway widening. This is not just about Cold Springs Bridge. People will ask why they’ve given the county a lot of money from Measure A, and now they’re jeopardizing a project for a non-transportation project.”

McGinnes has contacted several groups opposed to the Cold Spring Bridge barriers proposal, asking them if they would be willing to become parties in litigation on the matter. Jarrell C. Jackman, Ph.D., executive director of Santa Barbara Trust for Historic Preservation, which was one of the groups contacted, said if there has been a violation of the Brown Act, the issue “should be addressed and remedied.”

As of Monday, SBCAG board members had not read the complaint, Redding said. And though he thinks McGinnes’ complaint is a non-issue, he said the association would likely respond in some fashion.

“If the board thinks there is something that needs to happen, they could put the item back on the agenda for a future meeting,” he said. “But that would be assuming we’ve done something wrong, and I’m not sure we’ve done anything wrong.”

Reach Jeremy Foster at jfoster@syvjournal.com.