pages: OpenGovernmentCommission/2021-11-01.pdf, 7
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OpenGovernmentCommission | 2021-11-01 | 7 | huge variation. In response to Chair Tilos's inquiry regarding timing Commissioners, the City Clerk stated the Complaint Procedure does not list a specific time. Chair Tilos stated he would like to start with five minutes; if more time is needed, Commissioners can request more, up to nine minutes. Commissioner Reid stated that she was surprised Mr. Kuhn was involved; it seems there is considerable bias; the public was involved from the very beginning; then, suddenly, the Council decided not to include the public in the litigation section of the process; the Sunshine Ordinance provides for more transparency; the public has the right to know the reasons regarding the appraisals and has the right to participate; the neighbors should be included in the process. Commissioner Chen stated she has been following the Jean Sweeney Park story since the beginning; everyone who participated in the process feels like part-owners; to have this suddenly happen is terrible; it is a threading the needle issue; under litigation, questions and decisions from the City Council cannot be disclosed; she would rule in favor of the City, but the way it came down does not pass the smell test; the OGC has the opportunity to recommend how to make it better; the neighbors and community still have many future opportunities to speak up on how the land is or is not developed; the iron gates have not shut; she used to follow eminent domain and condemnation of properties, so she realizes a lot of regular folks might not fully grasp how a City can condemn properties for City use, but cannot pay less than the land's value; the OGC's role is to try to figure out a way to bring the community back into the process without jeopardizing the agreement; an open hearing should be held, but in a manner so that Union Pacific does not pull out; there are all kinds of dangers when the flood gates are open in the middle of litigation. Chair Tilos stated if the Commission votes in a certain manner on the issue, it could be sent back and open up the gates. Commissioner LoPilato stated that she does not think putting the item back on another agenda would open up the gates; the agreement has been signed; the Complainants acknowledged that the possible remedy of having it brought into open session, with the only goal to have a discussion, would not change the outcome; there is a flawed assumption by the Complainants that the public could ask the City Council questions whether in open or closed session; public comment can happen and Councilmembers can share their reasoning, but the forum for asking questions is to directly contact the Councilmember and ballot box power; there is not going to be an open session questions and answers on a SA; remedy-wise, there is not a lot to do; she thinks the OGC has the jurisdiction to look at the matter and make a decision; substantively, it falls within the pending litigation exception; she cannot imagine having attorney-client discussion in a public session; it would not serve the City's interests; when she thinks about how tax dollars are spent, she would like to be able to trust that the City can have effective Meeting of the Open Government Commission November 1, 2021 7 | OpenGovernmentCommission/2021-11-01.pdf |