pages: OpenGovernmentCommission/2021-11-01.pdf, 9
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OpenGovernmentCommission | 2021-11-01 | 9 | Commissioner Chen stated none of the possible changes are a done deal; decisions will require hearings; the hearings will give the entire community, especially the neighbors, an opportunity to weigh in as the Council deliberates on whether or not to change the zoning or allow a development; it is obvious the Union Pacific attorneys just wanted to get more out of the deal; they are doing their jobs; it is all part of a legal game; there are many more times to get a bite of the apple; the process is not closed; the community has opportunities; everyone will be on alert to practice their democratic rights. Commission Montgomery stated the public could address the matter by speaking at a Council meeting on a non-agenda item or could write a letter to Council; inquired what would be the value of reagendizing the item. Chair Tilos stated Commissioner Montgomery's understanding is correct; reagendizing the item would just be reopening the discussion; the Complainants just want the Council to be more on record about why they made their decisions; it is not an effective use of the Council's time and taxpayers' dollars. The Chief Assistant City Attorney directed the Commissioner's attention to the issue at hand, which is precisely if they have concluded whether there is a violation of the Sunshine Ordinance or the Brown Act; stated there is a litigation exception for conferring with legal counsel regarding pending litigation when discussion in an open session would likely and unavoidably prejudice the position of the City; anyone making a motion should frame it with this specific provision in mind; if there were to be a vote to sustain, there should be a finding of how this falls outside of the litigation exception. Commissioner Reid stated Sunshine Ordinance Section 2-91.10, Council is not required to hold a Closed Session; she is leaning toward sustained to open up the process, let the public weigh in and not close the gates. In response to Chair Tilos's inquiry, the City Clerk stated the way the Complaint Procedure is written, the Chair can waive the time limit or a supermajority vote is required to amend the times. Chair Tilos stated he will extend the time one minute for each Commissioner. Commissioner LoPilato moved approval of denying the Complaint on the basis that there was no violation of the Brown Act or Sunshine Ordinance as the matter fell within pending litigation exception. Commissioner Chen seconded the motion, which carried by the following roll call vote: Commissioners Chen: Aye; LoPilato: Aye; Montgomery: Aye; Reid: No; Chair Tilos: Aye. Ayes: 4, Noes: 1. In response to Chair Tilos's inquiry, the Chief Assistant City Attorney stated that she has enough information to draft a short written decision. Meeting of the Open Government Commission November 1, 2021 9 | OpenGovernmentCommission/2021-11-01.pdf |