Mayor Jerry Sanders will update the City Council tomorrow on the outside investigation into the city’s past financial dealings and present a plan to regain access to the public credit markets.

The mayor was originally planning on making his presentation to the council this afternoon during the portion of the meeting that is set aside for city officials’ comments, but City Attorney Mike Aguirre opined that the investigation by outside consultants from Kroll Inc. should be discussed in a more formal setting.

Aguirre said the Brown Act, the state’s open-meeting law, dictated that the public has the right to be formally informed about such a discussion in advance.

The impromptu presentation “… would not permit meaningful discussion of the item and do not provide the public with adequate notice of this important topic,” Aguirre wrote in a memo today.

He also noted that Monday’s agenda did not include a notice for mayoral comment.

Council President Scott Peters heeded the city attorney’s advice and schedule the item for 2 p.m. on Tuesday. Aguirre said the mayor’s desire to be heard “as soon as permissible” allowed Peters to schedule the item with only 24 hours’ notice whereas regular topics need to be posted 72 hours before a public meeting.

Sanders’ press office has not returned calls seeking more information on the presentation. We’ll post any updates.


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