Officeof Thomas C. Zeleny Civil Division. Deputy City Attor.'!ey the City Attorney

The QSAB "Notice of a Regular Meeting, Agenda" isposted only at the Qualcomm Stadium Security Office. Minutes of prior QSAB meetings were only made available to the Grand Jury after a formal written request was made. Copies were not ~lVailablcat the City Clerk's office or on the city's website. CITY ADMINISTRATION BUILDING. C STREET. SAN DIEGO. CALIFORNIA 92101 (619) 236-6330 Page Two Honorable Janis Sammartino May 30, 2006 Agree. The Stadium Advisory Board began posting the agenda on the City's website in January 2006 and began posting the meeting minutes in March 2006.

According to information provided to the Grand Jury by QSAB staff, only six of the nine members were listed as residents of the City of San Diego. A Deputy City Attorney advised the Grand Jury after a QSAB meeting that theCity Council could waive the residency requirement. Agree.

Absences of four members of the QSAB (including the vice-chairman) exceeded the absence policy. The minutes do not indicate if either the Mayor or City Council was notified (as required by the San Diego Stadium Authority - Rules of Procedure) of the excessive absences ofindividual Board Members. Agree. The City Attorney's Office has drafted proposed Rules and Regulations for the QSAB's adoption. These new rules and procedures will clearly define the attendance requirements. The Mayor's Office through its Stadium Manager will also take measures to insure the QSAB is properly staffed and attendance is maintained. The Stadium Manager will keep attendance records andwill havethe responsibility of keeping the appointing authority appraised of adherence tothe attendance policy.

The QSAB should be required tofollow board policy. The Mayor and Council should hold the members of the QSAB accountable to conduct meetings. Agree.

The City has been lax in reviewing conflicts of interest. Agree. The City Attorney's office investigation regarding the QSAB conflicts of interests has concluded. One of the QSAB members has agreed not to seek another appointment to the board. A final resolution regarding the appointment pertaining to the other Board member ispending. Additionally, the new Rules and Regulations for the QSAB, will clearly define each board members legal obligation regarding conflicts of interest.

Minutes for the 2005 Qualcomm Stadium Advisory Board reflect that a quorum (five members), was not present at the May and October meetings. Coupled with the cancelled meetings in August and December, one-third of the monthly meetings for 2005 lacked a quorum necessary to conduct business. Agree. Meetings which took place without a quorum were unacceptable andthe QSAB will not hold any further meetings without a quorum. An absence policy will be adopted by the Board. Additionally, a quorum was present at the October Page Three Honorable Janis Sammartino May 30, 2006 meeting. The meeting minutes have several references to comments made by the Chairman, but his presence was inadvertently left out of the attendance summary.

The Board should consider how they would be able to expedite the process of reviewing and awarding contracts. Agree. Pursuant to SanDiego Municipal Code section 26.1303 (d), the QSAB does not have any financial orbudgetary authority and as such the QSAB cannot award contracts. The QSAB doesprovide advisory recommendations to the City Council and the recommended new Rules and Regulations will assist in expediting contract recommendations.