Special Closed Door Meeting - After Receiving Letter From Clayton Watch

By Clayton Watch

Dear Mayor, City Council, City Manager, and City Attorney:

Shortly after sending you an email last week, it was announced that a Special - Closed Door Meeting would be held on Thursday, September 7, 2023, to discuss possible litigation regarding the Olivia on Marsh Creek project.

As of today’s date, we have not received a written response to our email, nor was it announced at the end of the Special - Closed Door Meeting as to what direction the mayor and council gave to the staff. We would think, as a professional courtesy, the mayor, city manager, or city attorney would send us a reply to our email.

We did not want to make an issue of this, but based on many unanswered questions and your lack of communication, we are making a formal FIOA request.

Under the California Public Records Act § 6250 et seq., we are requesting an opportunity to inspect or obtain copies of public records concerning the Olivia on Marsh Creek project from January 1, 2023, through September 14, 2023.

Request 1. All copies of public records, including all correspondence among and between city staff, council members, members of the public, city manager, city engineer, community development director, and Bill Jordan the developer/applicant, as it relates to the Olivia on Marsh Creek project from January 1, 2023 through September 14, 2023. (Correspondence would include all emails, letters, memos, voicemails, phone logs, and calendar of events.)

Request 2. All copies of public records, including all correspondence among and between city staff, council members, members of the public, city manager, city engineer, community development director, and Bill Jordan the developer/applicant, as it relates to a “Soils Report” for the property the Olivia on Marsh Creek project will be situated on, including a copy of the original “Soils Report” that is on file with the City of Clayton.

(Correspondence would include all emails, letters, memos, voicemails, phone logs, and calendar of events.)

Request 3. All copies of public records, including all correspondence among and between city staff, council members, members of the public, city manager, city engineer, community development director, and Bill Jordan the developer/applicant as it relates to the COA (Condition of Approval) from January 1, 2023, through September 14, 2023, including a list of completed COA items before March 3, 2023, and a list of all completed COA items from March 3, 2023, through September 14, 2023. (Correspondence would include all emails, letters, memos, voicemails, phone logs, and calendar of events.)

Request 4. All copies of public records, invoices, including all correspondence among and between city staff, council members, members of the public, city manager, city engineer, community development director, and Bill Jordan the developer/applicant as it relates to all costs and reimbursement by Bill Jordan to the City of Clayton for legal fees, due to the fact that Bill Jordan indemnified the city against legal costs associated with defending any lawsuits that were incurred by the City of Clayton because the lawsuit that was filed on April 9, 2020 against the City of Clayton and the developer by Clayton for Responsible Government. legal fees for this lawsuit because Jordan indemnified the city against legal costs associated with defending what he calls the “NIMBY (not in my backyard) suit.

If there are any fees for searching or copying these records, please inform us if the cost will exceed $100.00. However, we would also like to request a waiver of all fees in that the disclosure of the requested information is in the public interest and will contribute significantly to the public’s understanding of The City of Clayton's activity, enforcement, and position as it relates to the Olivia on Marsh Creek project.

The California Public Records Act requires a response within ten (10) business days.

If you deny any or all of this request, please cite each specific exemption you feel justifies the refusal to release the information and notify us of the appeal procedures available to us under the law.

Thank you for your prompt attention concerning this matter.

Sincerely,

Gary Hood
Clayton Watch

Bill Walcutt
Clayton Watch

We appreciate you for reading this article.

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