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HomeMy WebLinkAbout07-20-2010 NAHPage 1 of 6 CITY OF LAKE ELSINORE PLANNING COMMISSION MEETING MINUTES JULY 20, 2010 CALL TO ORDER Chairman Gonzales called the regular meeting of the Lake Elsinore Planning Commission Refresher Course/Study Session on Tuesday, July 20, 2010 to order at 6:00 p.m. in the Cultural Center, located at 183 N. Main Street, Lake Elsinore, CA 92530. PRESENT: Chairman Gonzales, Vice-Chairman Mendoza, Commissioner Jordan, Commissioner Morsch, Commissioner O'Neal ABSENT: None Also present: City Manager Brady, City Attorney Leibold Staff members present included: Office Specialist Porche', Redevelopment Agency Analyst Carlson. CALL TO ORDER (6:00 p.m.) PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Vice-Chairman Mendoza ROLL CALL Present: Chairman Gonzales Vice-Chairman Mendoza Commissioner Jordan Commissioner Morsch Commissioner O'Neal PUBLIC COMMENTS - NON AGENDIZED ITEMS - 3 MINUTES None. CONSENT CALENDAR ITEM(S) (1) Minutes for the Following Planning Commission Meeting(s) 0 May 4, 2010 Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of July 20, 2010 Page 2 of 6 MOTION was made by Commissioner O'Neal and seconded by Chairman Gonzales to approve the May 4, 2010, Planning Commission minutes. AYES: Gonzales, Mendoza, Morsch, O'Neal NOES: None ABSENT: None ABSTAIN: Jordan BUSINESS ITEM(S) (2) Planning Commission Orientation City Attorney Leibold indicated that she would be presenting to the new Commissioners an overview in PowerPoint of the Ralph M. Brown Act (Open Meetings Law), Political Reform Act, and selected City Council Policies including applicable laws, regulations and policies governing public officials. She stated that the presentation also served as a .'refresher course" for the existing Commissioners. Vice-Chairman Mendoza indicated that he knows that City Manager is very busy now that there is no Community Development Director and asked who the Commissioner's should address their questions or concerns to, if he is not available. City Manager Brady indicated that if the Commissioners have any questions or concerns to contact him and if he is not available, to contact Senior Planner Harris. Commissioner O'Neal indicated that the Commission is not governed by "Roberts Rules of Orders" and asked City Attorney Leibold to explain the difference between the information in the orientation and "Robert's Rules" to the new Commissioners as well as the rest of the Commission members. City Attorney Leibold stated that the handbook that Commissioner O'Neal is referring to is the Standard Code of Parliamentary Procedure Fourth Edition, revised by the Institute of Parliamentarians and shall govern the conduct of City meetings. She indicated that a copy is available in the City Clerk's office and will be distributed to the Commission. Ms. Leibold reviewed the following items of the PowerPoint presentation regarding the Brown Act, selected City Council Policies, and the Political Reform Act. Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of July 20, 2010 Page 3 of 6 One item on the presentation that Ms. Leibold reviewed which Commissioner Morsch had a question related to public comments. She indicated that the law requires that the Commission allow the public to comment on any item on the Agenda before they take an action and in some jurisdictions they have the opportunity for public comment before the meeting but regarding agenized items, the City Council and the Planning Commission both allow public comments when that item comes up on the Agenda and before they deliberate. In some cities, they don't allow members of the public to comment on each agenda item at the time it comes up during the meeting, all of the comments have to take place at the beginning of the meeting but the City of Lake Elsinore believes that it is more appropriate to allow the public to speak when the item comes up, therefore, it is fresh in everyone's mind. Commissioner Morsch stated that one of the issues that he has when going to the City Council meetings is that when a Public Hearing item comes up for discussion, the public is invited to come up to the podium, speak, and then sit in the audience and the Public Hearing is then closed. The project is then discussed at the dais. Commissioner Morsch felt that sometimes new information is discussed and that person has lost their opportunity for a rebuttal and even at the end of the hearing, there is only allowance for a non-agenized item. Therefore, his question is if a person wants to rebut a new issue that is brought up and the Public Hearing is closed, how is this to be accommodated. Ms. Leibold indicated that legally, the Commission is not required to accommodate this but it is within the discretion of the Chairman, or in the case of the City Council, (the Mayor), to allow additional public comment. There was discussion by the Commission regarding the amount of time that the public has to speak. Ms. Leibold noted that the Brown Act does recognize that it is appropriate for the City to limit the time period for public comments and that is why there is a three (3) minute limit on an Agenda item. Ms. Leibold reviewed City Council Policies and addressed City Council Meetings, Rules, and Procedures. Commissioner O'Neal asked for clarification of this Policy. Ms. Leibold indicated that all meetings and all votes are open and stated that the exception to the requirement for open meetings are authorized closed sessions which are specifically listed in the Brown Act and include existing or threatened litigation, personnel or labor negotiations, and real property negotiations. Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of July 20, 2010 Page 4 of 6 Commissioner O'Neal asked who he would speak to if he was dissatisfied with the Deputy City Attorney or the City Attorney's performance during the Planning Commission meetings. Ms. Leibold indicated that if the Commission as a body were dissatisfied with the Deputy City Attorney or the City Attorney's performance they would direct their dissatisfaction to the City Council. The City Council employs the City Manager, the City Clerk, and the City Attorney and Council would make that determination. Ms. Leibold reviewed Policy No. 200-3/Conflicts of Interest and indicated that the Planning Commissioners are required to comply with the Political Reform Act and there are two (2) components to this Policy which are Disclosure and Disqualification. Commissioner Jordan indicated that she used to work for a Development Company who she no longer works for and requested clarification regarding the Code of Ethics, and Conflict of Interest related to this. Ms. Leibold indicated that the Political Reform Act states that Planning Commissioners/City Council members are prohibited from participating in any decision in which there is a conflict of interest. There was lengthy discussion between the Commissioners and Ms. Leibold regarding various scenarios regarding conflict of interest and procedure to take. Ms. Leibold reviewed the PowerPoint document regarding qualifications for Commission appointments. Vice-Chairman Mendoza asked if it should be general practice that all applicants are asked the same questions or can certain questions be modified for certain applicants for the appointments. Ms. Leibold indicated that the City does not address this in their policy but stated that it is up to the subcommittee of the City Council selected by the majority to screen and interview the applicants. Ms. Leibold reviewed Disclosure under the Political Reform Act which requires State and Local Officials to file Statements of Economic Interests and reviewed examples of disclosure. There were some questions that the Commissioners had regarding Economic Interests. Ms Leibold reviewed Economic Interests which included economic interests in business entities, real property, sources of income, sources of gifts, and personal financial effects rule. Commissioner Morsch asked Ms. Leibold if it was a conflict of interest that he is currently serving on the Citizen's Corp. as a volunteer., Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of July 20, 2010 Page 5 of 6 Ms. Leibold indicated that there is no conflict of interest because this is voluntary and there is no compensation involved. Commissioner Morsch asked Ms. Leibold if the City protects a Planning Commission member if they are being sued for construed misconduct or corruption. Ms. Leibold indicated that the City does protect a Commission member if they are acting in their official capacity but if they are acting beyond the bounds of their official duties then the City does not protect them. Commissioner Morsch asked if there are limitations that the City has regarding Public Records Request. Ms. Leibold indicated that anyone is legally entitled to access public records and the City is legally obligated to make those available. If the person requesting the record would like a copy of the record then the City is obligated to charge .25 cents per page. She also indicated that even though the City is obligated to accommodate the request, this request has to be limited to specific times during business hours as not to as not to interfere with conducting City business. Commissioner Morsch asked Ms. Leibold if a-mails are public record. Ms. Leibold indicated that a-mails are public record but there are some exceptions such as overbroad requests and the person requesting the e- mail has to be specific regarding the request. She also indicated that some a-mails are not public record, such as Attorney/Client privileged communications, a-mails at the City Council level that are constituted as the 'Deliberate Process', etc., and the public cannot charge for staff time. ADJOURNMENT There being no further business to come before the Planning Commission, Chairman Gonzales adjourned the meeting at 8:25 p.m. The next regular meeting of the Planning Commission of the City of Lake Elsinore is scheduled for Tuesday, August 3, 2010, at 6:00 p.m. in the Cultural Center located at 183 N. Main Street, Lake Elsino7 C92530. / n Gonzales lirman Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of July 20, 2010 Page 6 of 6 Respectfully Submitted, ki ~ TIL1Z?i Kristine Herrington Office Specialist Attest: %(bbert A. Brady ity Manager