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HomeMy WebLinkAboutItem No. 1bPage 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 � -,, N. Main Street, Lake Elsinore, CA 92530. Vie\ PRESENT: Chairman Gonzales, V Jordan, Commissioner Commissioner ABSENT: None Also present: City Manager Brady, City Staff members present incl Agency Analyst Carlson. Porche', Redevelopment The Pledge,ofAllegian`c "a's led Cha Mendoza Jordan Morsch O'Neal rman Mendoza PUBLIC COMMENTS — NON AGENDIZED ITEMS — 3 MINUTES None. CONSENT CALENDAR ITEM(S) (1) Minutes for the Following Planning Commission Meeting(s) • May 4, 2010 PC November 2, 2010 Item No. 1 b Page 1 of 6 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 hf Commissioners an overview in Powerl (Open Meetings Law), Political Reforn Policies including applicable laws re public officials. She stated that the "refresher course" for the eklsting�Comrr Vice -Chair very busy asked wt he is nior Rules to the "fir members. would be presen to the new pint of__the Ralph M�:� Act Act, and selected City Council jla #ions and policies governing prsentation also served as a dlcated tliat`tpows that City Manager is Is no :Community Development Director and ioner's" should address their questions or indicated ,,that if the Commissioners have any to contact him and if he is not available, to contact ndicated that the Commission is not governed by rs" and asked City Attorney Leibold to explain the information in the orientation and "Robert's Rules" oners as well as the rest of the Commission 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. PC November 2, 2010 Item No. 1 b Page 2 of 6 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 w,'en the item comes up, therefore, it is fresh in everyone's mind. Commissioner Morsch stated that i going to the City Council meetings comes up for discussion, the public] speak, and then sit in the audience; The project is then discussed at the sometimes new informat* C IS disci & the issues iat he has when that when a PubUC, Hearing item invited to come up tef "the podium, the Public Hearing is'then closed. ig� ;commissioner Morsch felt that ed :rand that person has lost their opportunity for a rebuttal "n Yuen at the e�d�of the hearing, there is only oj. allowance for anon- agenzed Item:; Therefore; his question is if a person wants to rebut a new issue That is broiig up and the Public Hearing is closed, how is ths`to; be accort,odated Ms. Lei bol� fridicated that legalfy, the Commission is not required to �OVW accommo2ata this but it Is within "thy discretion of the Chairman, or in the case of the ity Council„ j1p, or to allow additional public comment. Theme vas, dlscuss� by the Commission regarding the amount of time that the public has�ospeak. Ms. Leibold noted that the Brown Act does recognize that It�r ate for the City to limit the time period for public comments and that Is w}�y there is a three (3) minute limit on an Agenda Ms. Leibfold 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. PC November 2, 2010 Item No. 1b Page 3 of 6 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 Company who she no longer we regarding the Code of Ethics, and Ct ased to work fo a Development 'or and reque ' fpd clarification of Interest relate,_ this. Ms. Leibold indicated that the Politicz Commissioners /City Council members any decision in which they Nom' conflict There was lengthy Leibold regarding procedure to take;' Ms. for "'Act states that Planning ibited from participating in oners and Ms. of interest and document regarding qualifications W OMh rnan f endoza asked' "Jf` it should be general practice that all cantswa,,r,e, � asked the same questions or can certain questions be ified for GAP, applicants for the appointments. indicated that the City does not address this in their policy but it is upjb the subcommittee of the City Council selected by the scree*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. PC November 2, 2010 Item No. 1 b Page 4 of 6 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 notprotect them. Commissioner Morsch asked if there are Ilrnnions that the City has regarding Public Records Request. M �`�� Ms. Leibold indicated that anyone records and the City is legally obligd person requesting the record woul ll is obligated to charge .25 cents pe though the City is obligated to accom to be limited to specific tees during interfere with conducting �,Lty�btoslnes; Commissioner Morsch Ms. Leibold mail has some a -I There be Chairman legally entitled;to access public Ho make those ;available. If the a copyof the record en the City 3e She also Indlcat2'd' that even date the request, this request has %sless hours as not to as not to are public record. sated that a mails re public"record but there are some as overbroad requests and the person requesting the e- speclfl &l request. She also indicated that e no , II? � \ acord such as Attorney /Client privileged :e mails at the0Cty Council level that are constituted as rocess ", etc., and the public cannot charge for staff time. ness to come before the Planning Commission, i 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 Elsinore, CA 92530. John Gonzales Chairman PC November 2, 2010 Item No. 1b Page 5 of 6 Lake Elsinore Planning Commission Meeting Regular Meeting Minutes of July 20, 2010 Page 6 of 6 Respectfully Submitted, Kristine Herrington Office Specialist Attest: Rol Cit, PC November 2, 2010 Item No. 1 b Page 6 of 6