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City of Seal Beach Planning Commission . Agenda of October 18, 2006
City of Seal Beach Planning Commission
Agenda for October 18, 2006
6:45 p.m.
I. PLEDGE OF ALLEGIANCE
II. ROLL CALL
III. AGENDA APPROVAL
By Motion of the Planning Commission, this is the time to:
(a) Notify the public of any changes to the Agenda;
(b) Re-arrange the order of the Agenda; and/or
(c) Provide an opportunity for any member of the Planning Commission, staff, or
public to request an item be removed from the Consent Calendar for separate
action.
IV. ORAL COMMUNICATIONS
At this time, members of the public may address the Planning Commission
regarding any items within the subject matter jurisdiction of the Planning
Commission, provided that the Planning Commission may undertake no action or
discussion unless otherwise authorized by law.
V. STUDY SESSION
1. Ethics Training by Assistant City Attorney - Fair Processes
VI. AOURNMENT
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CITY OF SEAL BEACH
PLANNING COMMISSION
Minutes of Adjourned Meeting - October 18, 2006
Vice-Chairperson Roberts called the adjourned meeting of the Planning Commission to
order at 7:30 p.m. on Wednesday, October 18, 2006. The meeting was held in the City
Council Chambers and began with the Salute to the Flag.1
ROLL CALL
Present: Vice-Chairperson Roberts, Commissioners Bello, Ladner, and O'Malley.
Also
Present: Department of Development Services
Lee Whittenberg, Director of Development Services
Paul DaVeiga, Senior Planner
Alexander Abbe, Assistant City Attorney
Absent: Chairperson Deaton
Mr. Whittenberg noted that Chairperson Deaton had contacted Staff to report that she
would not be in attendance at tonight's meeting. She requested to be excused.
MOTION by O'Malley; SECOND by Ladner to excuse Chairperson Deaton from the
Adjourned Planning Commission meeting of Wednesday, October 18, 2006.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Roberts, Bello, Ladner, and O'Malley
None
Deaton
AGENDA APPROVAL
MOTION by O'Malley; SECOND by Bello to approve the Agenda as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0-1
Roberts, Bello, Ladner, and O'Malley
None
Deaton
1 These Minutes were transcribed from audiotape of the meeting.
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City of Seal Beach Planning Commission
Meeting Minutes of October 18, 2006
ORAL COMMUNICATIONS
Vice-Chairperson Roberts opened oral communications.
Mary Lewis stated that Save Our Seal Beach has duly filed with the California Political
Fair Practices Commission as a general purpose committee as a direct response to the
approval of Ordinance 1553 prohibiting three-story structures in District 1, Old Town.
She stated that the committee is well into the referendum process and is gathering
signatures citywide to freeze this ordinance and bring it before the people in a public
I process.
Keith Newberry stated that since 1993 he has owned a home on 16th Street and asked if
it is ethical to not provide notice to homeowners affected by a zoning change when the
City has the homeowners name and address on record. He said he received no notice
of Zone Text Amendment 06-1 and found out about it after reading in the newspaper
that the ordinance had been passed. He stated that the adoption of the three-story
ordinance was done without adequate study or relevant facts. He encouraged residents
to take a serious look at this issue.
There being no one else wishing to speak, Vice-Chairperson Roberts closed oral
communications.
STUDY SESSION
1. Ethics Training by Assistant City Attorney - Fair Process Laws
Mr. Abbe stated that tonight's session is the last in a series of four ethics training
sessions. (Copy of presentation is on file for inspection in the Planning Department.)
He indicated that tonight the training would include the common law doctrine of conflict
of interest, due process, incompatible offices, campaign contributions, and competitive
bidding. He reviewed the due process clause of the U.S. Constitution and explained
that due process clause is implicated whenever a public hearing is conducted affecting
someone's property rights. He stated that with due process reasonable notice must be
given as well as reasonable opportunity to be heard before an impartial decision maker.
He noted that depending upon the type of approval, the City Zoning Code (ZC) requires
that people within a certain radius be notified of certain types of decisions. He cited the
example of Conditional Use Permits and quasi-judicial decisions, which are to be
distinguished from a legislative decision, where the decision is made to enact a citywide
ordinance. He explained that in this case notice to everyone within a specific radius is
not required, but can be provided via publication in the newspaper and through a public
hearing. He clarified that "a reasonable opportunity to be heard" would require that
interested parties be able to present their case before the Planning Commission (PC)
and or to submit their comments in writing, which implies an obligation on behalf of the
PC to read what is submitted. With regard to being an impartial decision maker, Mr.
Abbe noted that having pre-existing views on general policy issues would not mean a
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City of Seal Beach Planning CommIssion
Meeting Minutes of October 18, 2006
decision maker is not impartial. He explained that disqualifying bias is when there is a
specific prejudice against a person affected by a decision that is sufficient to impair the
decision maker's ability to decide the matter on appropriate grounds. He then provided
a series of tips for decision makers, as listed on page 5 of the presentation notes.
Mr. Abbe then discussed campaign contributions noting that when running for public
office if someone coming before a public body has provided any member with a
contribution, that public official would have to abstain from voting on this decision. He
emphasized that campaign contributions should never be tied to a specific official
action. He then explained Government Code Section 3205, which prohibits public
officials from soliciting campaign contributions from other officers or employees of the
City. Mr. Abbe then discussed the "Revolving Door" Limitations that impose a one-year
ban on lobbying the City after a councilmember leaves public office, and he also noted
that public officials cannot hold seats on two incompatible offices.
Mr. Abbe then reviewed the Competitive Bidding section as listed on pages 8-9 of the
presentation notes. He indicated that competitive bidding is required by City Charter
and State law and with some exceptions the contract would usually go to the lowest
responsive, responsible bidder. He provided some questions to ask when considering
bids and ended the training session by noting key lessons on ethical standards and
resources for acquiring advice on ethical issues.
ADJOURNMENT
Vice-Chairperson Roberts adjourned the meeting at 7:28 p.m.
Respectfully Submitted,
~~~(.\^^- ~~~
Carmen Alvarez, Executive Secretary?J
Planning Department
APPROVAL
The Commission on November 8, 2006, approved the Minutes of the Planning
Commission Adjourned Meeting of Wednesday, October 18, 2006. O-c... .
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