LAW OFFICE OF DANIEL BUTT
REAL ESTATE - BUSINESS - CONSTRUCTION
111 PARK PLACE, SUITE 204
RICHMOND, CA 94801
WWW.BUTTLAW.COM
TEL: (510)255-10e4
FAX: (s10)a39-2710
January 3,2023
Mayor Tom Butt and Members of the Richmond ciw council
City Manager Shasa Curl
City Attomey David Aleshire
City of Richmond
450 Civic Center Plaza
Richmond, CA94804
BY US MAIL AND EMAIL
Re: Written Demand to Cure Brown Act Violation and Cease and Desist FurtherViolations Dear Honorable Mayor, Members of the City Council, City Manager, and City Attorney:
This office has been retained by concemed citizens of the city of Richmond, includingMayor Thomas Butt, to address and seek correction and redress of a troubling, illegal andongoing pattern of the city of Richmond violating the Brown Act by improperly noticing closedsession agenda items and improperly discussing in closed session issues outside the narrowpurview of the noticed exception, as follows:
L The City of Richmond has maintained a policy
closed session, purporting to be under the safe
and practice of discussing topics in
harbor heading "Conference with Real
Property Negotiator"l that go well outside the narrow scopg of providing direction toits negotiator prigr to the sale or lease of properry. 2' The city of Richmond actually discussed issues and made decisions in closed sessionrelating to the disposition of Terminal one, on Novemb er 22,2L22,December 6,2022, and Decembet 20,2022thatwere well outside of the nalrow scope of cAGov't code $ 54956'l,which only allows the city to discuss directions regardingprice and terms of payment to its negotiator prior to the sale of the property.
For example, at its meeting of Novemb er 22,2022,the council purported to take variousactions, including approving a Resolution authorizing the city Attorney and Staff to(themselves) take certain actions, including to amend an existing Land Disposition Agreement,and notify the Department of Housing and community Development (HCD) that the subjectproject/site is purportedly "exempt" from the Surplus Lands Act. At some earlier meeting, thecouncil apparently took actions that resulting in keeping key documents (foundational tocouncil actions and decisions regarding the subject project) confidential, and not available to thepublic' Examples include the Land Econ Group report and the project developer,s pro forma.
It is without any doubt or dispute that such discussion is well outside the very nanowpurview of cA Gov't code $ 54g56.8,which only allows discussion of price and terms ofpayment with the city's negotiator in closed session.
As held by the Court in ncil (2002) 117 Cat. Rptr. 2d 63 i,4r, r\PLl . z\I oJ f"t:"::j?-r::::::
forviolating rhe Browl Act is based on the complexitv or difficulty of thisLrre uurltlrlexlry or dllllculty ol thittransaction' ot need to balance what the public knows, will not be well received: .,This section :::::':tll::T:::1
t1: ttrr^touncil to hold a crosed session with its negotiator, prior to the l,:*:: :: ::t:: i:1T.1"1:l "1:.' lroPerty' to.the extent,il ;; ;; "rilffi ffi;;'* council in conducting such business, to determine what discussirons are germane to the particulartransaction in real property.,' IT Is HEREBY DEMANDED that The city of Richmond take action to cure andcorrect this violation by voiding any final decisions reached therein, and ail tainted actions thatfollowed those illegal discussions and by rescinding any agreements reached, within 30 days ofreceipt of this letter' It is further demanded tnat the city olRi.h-ond cease and desist fromfurther violations and city's patten and practice of violating the Brown Act by engaging indiscussion well outside the safe harbor purview of allowabie closed session discussion. 1 CA Gov't Code S 54956.g
l.
2. Specifically, it is demanded that Citv:
Invalidate, rescind or withdraw all votes, actions, or decisions relating to development of Terminal One made in closed sessions on Novemb er 22,Z022,December 6,2022. and December 20,2022.
Immediately disclose to the public all information, papers, reports, pro formas, discussions, communications, and decisions made or discussed on the dates set forth above, by publishing same on the city's webpage for the Terminal one project.
Disclose the nature of discussion and any votes or direction made by the council therein, including but not limited to the minutes of the closed session meeting.
Disclose to the public communications with the city Attorney and any council member, that were part of the closed session discussion of Terminal One under the purview of cA Gov't code $ 54956.9 and that are outside the narrow scope ofproviding direction to the City's negotiator regarding the price and terms of sale.
Attorney-client privilege does not apply to closed session discussion if it violates theBrown Act.
3. 4.
Please do not hesitate to contact my office
the City will abide by the Brown AcL and not
if you have any questions. It remains my hope
require Court intervention to force the issue.