HomeMy WebLinkAboutStaff Report 4.B 01/25/2010'"Y s
January 25, 2010
City of Petaluma, California
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Ciry Manager's Offrce, l ] English Sireel, Petaluma, CA 94952
(707) 778-4345 Fax (707) 778-4419 E-maiL• cihJ1~1£~ifcr;,ci.netalunirr.ca.us
DATE: January 21, 2010
TO: Mayor and Members of the City Council
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FROM: John C. Brown, City Manag~r~/ ~---
SUBJECT: Continuance of Public Hearing for the Proposed E. Washington Place Project
As the Couricil is aware, Regency Centers filed a law suit against the City alleging California
Environmental Quality Act, Federal Civil Rights, Procedural Due Process, Substantive Due
Process and Equal Protection causes of action on January 13, 2010. That same day, counsel for
Regency Centers submitted to the City a written demand for cure alleging that the Council's
continuance of the hearing on the project from the January 4 City Council meeting to the January
25 City Council meeting was in violation of the Brown Act.
City staff has been engaged in researching and responding to the City Council's inquiries
regarding proposed conditions of approval concerning this project, and project issues raised by
various interested parties. Unfortunately, as a result of the litigation and threat of litigation filed
by the applicant, staff has been hampered by the need to consider and respond to the City
Council's direction in the context of the pending litigation, and the need to review and provide
advice concerning the litigation itself. As a result, a staff report for your January 25, 2010
meeting that responds to the Council's direction at the January 4 City Council meeting could not
be completed.
Accordingly, staff recommends that the Council continue the public hearing for the subject
application, to provide sufficient time for staff to complete the necessary research and analysis in
light of the pending litigation, and to finalize a staff report in accordance with the City Council's
direction for the next hearing on the project, and for the Council to give direction to staff
concerning the lawsuit and demand for cure filed by the applicant.
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