Title
[Withdrawn without prejudice] Hearing on Sunshine Ordinance Complaint Filed December 4, 2018
Body
To: Honorable Members of the Open Government Commission
From: Michael Roush, Interim City Attorney
Background
In compliance with the Sunshine Ordinance, the Planning Department published the following notices related to a proposed hotel located at 2900 Harbor Bay Parkway (PLN 18-0381) ("Project"):
1. On September 28, 2018, the Department published the agenda and supporting materials, including public comment letters, for the Planning Board's October 8 meeting, which included a Planning Board Study Session to review and comment on the Project. The October 8 agenda and public comment letters are attached as Exhibit 1.
2. On November 19, the Department published the agenda and supporting materials for the Planning Board's November 26 meeting, which included Agenda item 7-A, a public hearing to consider Design Review and Development Plan Amendment for the Project.
3. That same day, the applicant requested a two week delay to give community members more time to review the proposal and conduct a neighborhood meeting with the applicant on November 27, 2018. Staff granted the request, and rescheduled the Project for consideration by the Planning Board to December 10.
4. On November 29, staff published the agenda and supporting materials for the Planning Board's December 10 meeting, which included Agenda item 7-B, a public hearing to consider Design Review and Development Plan Amendment for the Project.
On December 4, complainant Reyla Graber timely filed a Sunshine Ordinance Complaint against the Planning Board concerning the agenda materials for a public meeting on December 10, citing a violation of Alameda Municipal Code ("AMC") Section 2-91.5, Agenda Requirements. AMC Section 2-91.5 provides that all documents material to an agenda item must be included as part of the agenda packet. The complaint states the Planning Department should have includ...
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