By Norman La Force
There was an important legal victory for open government this week. In strong language, a federal judge suggested she would deny the City of Richmond’s motion to dismiss a lawsuit brought against it by environmental groups (with the support of the Sierra Club) over the city’s settlement agreement with developers regarding the future of Point Molate. The judge offered the city the choice of withdrawing its complaint or having her rule. The City withdrew its motion to dismiss, so the case will now proceed on its merits.
The settlement agreement at issue is essentially a backroom deal that circumvents public process and open meeting laws. It has several significant provisions. First, it requires at least 670 units of residential housing to be built on up to 30 percent of the city’s land at Point Molate — despite the fact that the property hasn’t yet been zoned. It also stipulates that the private developer and the city will split the profits 50/50.
This week’s court hearing allowed the challenge to the settlement agreement to move forward. The judge admonished the city’s attorney, stating that in today’s political climate, transparency in government decision making is extremely important. She also questioned why the city had not put the settlement agreement on the city agenda for a public comment and vote — the very basis of the plaintiffs’ suit.
The lawsuit will continue, giving the plaintiffs a chance to prove their allegations that the City's settlement with developer Upstream and the Guidiville Band of Pomo Indians violated California's Brown Act, which mandates that all public decisions be made in noticed public hearings.
The Sierra Club urges the city to withdraw the settlement and engage in an open and transparent planning process over Point Molate.
Read more about the history of Point Molate and our vision for its future.
Photo courtesy Lech Naumovich, Golden Hour Restoration Institute