HomeMy WebLinkAboutPC Min 1999-08-04
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City of Seal Beach Planning Commission. Agenda of August 4, 1999
City of Seal Beach Planning Commission
August 4, 1999 Agenda
I.
II.
III.
PLEDGE OF ALLEGIANCE
ROLL CALL
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 is 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.
CONSENT CALENDAR
Items on the Consent Calendar are considered to be routine and are enacted by one motion
unless prior to enactment, a member of the Planning Commission, staff or the public requests
a specific item be removed from the Consent Calendar for separate action.
1. Approve Planning Commission Meeting Minutes of July 7, 1999.
2. Site Plan Review 98-1
To revise and reduce a previously approved site plan from a maximum 286,957 square
foot commercial shopping center plus a 28,100 square foot outdoor garden center to a
maximum of 286,967 square feet, including a 10,000 square foot outdoor garden center
on a 26-acre parcel located on property at the northeast comer of Seal Beach Boulevard
and St. Cloud.
VI. SCHEDULED MATTERS
VII. PUBLIC HEARINGS
3. Zoning Text Amendment 99-2
Citywide
ApplicanVOwner:
Request:
City of Seal Beach
To consider an amendment to the Code of the City of Seal Beach to
reduce the required side yard setbacks in residential housing zones
that abut streets. The setback requirement is currently 15% in all
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City of Seal Beach Planning Commission. Agenda of August 4, 1999
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housing zones (RLO, RMO, and RHO) and is proposed to be reduced
to 10% in the RLO, RMO, AND RHO zones.
Recommendation: Recommend approval to the City Council.
4. Zoning Text Amendment 99-3
Citywide
ApplicanVOwner:
Request:
City of Seal Beach
To consider an amendment to the Code of the City of Seal Beach to
limit the number of items that may be placed on a temporary banner
in the city. Specifically, the proposal will limit the number of items of
information placed on the temporary banner to three (3) on streets
with speed limits of 35 MPH or more, and proposes to limit banners
to two (2) items of Information on streets less than 35 MPH.
Recommendation: Recommend approval to the City Council.
VIII. STAFF CONCERNS
IX. COMMISSION CONCERNS
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X. ADJOURNMENT
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City of Seal Beach Planning Commission. Agenda of August 4, 1999
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1999 Aaenda Forecast
AUG 04
AUG18
Height Variation 99-2, B-74 Surfside
MPR 99-6 , 1100 Ocean Avenue
MPR 99-7 , 1605 Seal Way
MPR 99-8 , 620 Island View Drive
SEP 08
SEP 22
OCT 06
OCT 20
NOV 03
NOV17
. DEC 08
DEC 22
TO BE SCHEDULED:
(J
(J
(J
(J
Study Session:
Study Session:
Study Session:
Staff Report:
Pennitted Uses and Development Standards in Commercial Zones (5/6/98)
Seal Beach Boulevard (10n/98)
Anaheim Bay Villas (10n/98)
Undergrounding of Utilities
And Beyond
Calendar: CUP 98-6 at 12147 Seal Beach Boulevard (Yucatan GrilQ Review (April 2001)
ADA handicapped-accessible restrooms (April 2001)
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CITY OF SEAL BEACH
PLANNING COMMISSION
Minutes of August 4,1999
Chairman Brown called the regularly scheduled meeting of the Planning Commission to
order at 7:30 p.m. on Wednesday, August 4, 1999. The meeting was held in the City
Council Chambers and began with the Salute to the Flag.1
ROLL CALL
Present: Chairman Brown
Commissioners Hood, Larson, and Lyon
Also
Present: Department of Development Services
Mac Cummins, Assistant Planner
Craig Steele, City Attorney
Absent: Commissioner Cutuli
Lee Whittenberg, Director Development Services
MOTION by Hood; SECOND by Larson to excuse Commissioner Cutuli.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0
Brown, Hood, Larson, and Lyon
None
Cutuli
AGENDA APPROVAL
Mr. Reg Clewley requested that Items 1 and 2 be removed from the Consent Calendar.
MOTION by Hood; SECOND by Larson to approve the Agenda as amended.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0
Brown, Hood, Larson, and Lyon
None
Cutuli
1 These Minutes were transcribed from audiotape of the meeting.
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City of Seal Beach Planning CommIssion
Meeting Mmutes of August 4, 1999
ORAL COMMUNICATIONS
Chairperson Brown opened oral communications.
Mr. Reg Clewley inquired whether Chairperson Brown and the Commissioners had
received a copy of a letter written by Dr. Michelle A. Brendel and also a copy of a letter
addressed to the Planning Commission from Ms. Sue Corbin.
Ms. Sue Corbin inquired regarding the system used to deliver mail to the members of
the Planning Commission. She claimed she brought in an item today to be given to the
Commissioners, and had previously delivered a withdrawal of an appeal that was not
delivered to the Planning Commissioners. She stated that this was happening
frequently. Ms. Corbin said that she was told that in the absence of Mr. Lee
Whittenberg, the City Attorney would be consulted regarding this issue. She said she
did not believe the City Attorney should determine how the Commissioners' mail is
delivered. Ms. Corbin indicated that a standardized system for delivery of mail to the
Planning Commission shpuld be established, and mail should not be diverted, as
timeliness was critical to the decision making of the Commission.
Chairperson Brown stated that Mr. Whittenberg was not present tonight, and that this
item would be placed on the agenda. He stated that mail should be addressed to the
Planning Commission c/o the City of Seal Beach and a copy of the items would then be
distributed to each of the Commissioners. Mr. Steele commented that on many
occasions items for inclusion on the agenda arrive on the day of the scheduled meeting
making it difficult to have them copied and distributed in a timely manner. He
recommended that these items be mailed a week in advance of the meeting in order to
include them with the Agenda packet when it is delivered to the Commissioners.
Chairperson Brown indicated the e-mail addresses for the Commissioners appear on
the City website, and that items for consideration for the Agenda can be forwarded via
e-mail, either directly to the Commissioners or c/o the City.
CONSENT CALENDAR
1. Approve Planning Commission Meeting Minutes of July 7, 1999.
Mr. Reg Clewley stated that the minutes made a fairly good representation of his
statements, but that the word "uh" had been inserted in several instances where the
word "ahh" would be appropriate. He requested that the minutes reflect this change.
Chairperson Brown referring to Page 14, Line 7 of the Planning Commission minutes of
July 7, 1999, indicated th~t he did not recall making this statement and did not know
where it came from. He stated that the statement from Dr. Brendel's letter, "including
the result of the straw vote," did not make sense either. He requested that this line be
stricken from the minutes.
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City of Seal Beach Planning Commission
Meeting Minutes of August 4, 1999
MOTION by Hood; SECOND by Larson to approve the Minutes of July 7, 1999 as
amended.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0
Brown, Hood, Larson, and Lyon
None
Cutuli
2. Site Plan Review 98-1
To revise and reduce a previously approved site plan from a maximum 286,957
square foot commercial shopping center plus a 28,100 square foot outdoor
garden center to a maximum of 286,967 square feet, including a 10,000 square
foot outdoor garden center on a 26-acre parcel located on property at the
northeast corner of Seal Beach Boulevard and St. Cloud.
Recommendation: Approve, subject to conditions, by adoption of Resolution 99-26.
Reg Clewley stated that from the way the item was worded, it appeared that the square
footage was increasing rather than decreasing. He stated that he did not understand
how items related to this commercial business development could continue to be
approved or disapproved while this project was under litigation. Mr. Steele noted that
the Staff Report clearly states 286,967 square feet throughout. Mr. Clewley stated that
the report was terribly written and suggested that this item be continued to the next
meeting after it had been "properly worded," and it could then be approved. Mr. Steel
explained that in the Agenda description the first reference to the size of the center
(286,957) is a typographical error. The square footage should be 286,967 as noted in
the second reference. This square footage would include the 10,000 square foot
outdoor garden center.
Ms. Sue Corbin stated that apparently the City Attorney believed that the Commission
was going to "rubber stamp" this item. She said that changes on this development
should not be made until after the EIR is approved.
Commissioner Lyon noted that Page 3 of the Staff Report reflected the Building
Footprint as 286,967 square feet. Mr. Steele explained that the difference was that
previous approval had been given for a 286,967 square foot commercial center that did
not include in its total area a 28,100 square foot outdoor garden center. He noted that
the item for approval at tonight's meeting was for a 286,967 square foot commercial
center which now includes the outdoor garden center, which has been reduced to
10,000 square feet. Commissioner Larson asked if with the current litigation, whether
the Commission is legally authorized to proceed with the recommendation by Staff. Mr.
Steele said that Staff and the City Attorney's office were attempting to process this
application in compliance with what the court had requested at the last hearing on the
matter. With regard to the commercial center, the judge stated that he wanted to be
sure that what was approved on this site is only 286,967 square feet of total commercial
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City of Seal Beach Planning Commission
Meeting Minutes of August 4, 1999
development. The judge stated that if this were the case, there would be no need to
revise and re-circulate the EIR. Mr. Steele said that issues remain regarding the
residential development, and that City Council has directed the City Attorney to revise
the EIR accordingly.
Mr. Clewley stated that this proposal was eliminating over 10,000 square feet where
plants could bloom. He began to discuss the loss of the eucalyptus trees when
Chairperson Brown interrupted to ask Mr. Clewley to restrict himself to the City
Attorney's comments on this issue. Mr. Clewley stated that it would have been better to
stick with the original plan for the larger, outdoor garden center, which would now
become part of the parking lot, and instead of breathing more oxygen we would now be
breathing exhaust fumes from cars.
Ms. Corbin said that this was a "sneaky way of pushing something through that doesn't
allow for public comment." She stated that she had no idea there had been changes in
the EJR. She said that the public did not receive full disclosure and that this was "rotten,
dirty, and it is indicative of the way our law firm operates."
Commissioner Hood stated that he had not understood why this Site Plan Review was
necessary until the City Attorney had explained it. He asked if this information
appeared in the Staff Report. Mr. Steele responded that it did not.
MOTION by Larson; SECOND by Lyon to approve Site Plan Review 98-1 and adopt
Resolution 99-11.
MOTION CARRIED:
AYES:
NOES:
ABSTAIN:
ABSENT:
3-0-1-1
Brown, Larson, and Lyon
None
Hood
Cutuli
SCHEDULED MATTERS
None.
PUBLIC HEARINGS
3. Zoning Text Amendment 99-2
Citywide
Applicant/Owner:
Request:
, City of Seal Beach
To consider an amendment to the Code of the City of Seal
(Beach to reduce the required side yard setbacks in
'residential housing zones that abut streets. The setback
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City of Seal Beach Planning Commission
Meeting Minutes of August 4, 1999
requirement is currently 15% in all housing zones (RLD,
RMD, and RHD) and is proposed to be reduced to 10% in
the RLD, RMD, AND RHO zones.
Recommendation: Recommend approval to the City Council.
Staff Report
Mr. Cummins delivered the staff report. (Staff Report is on file for inspection in the
Planning Department.) He stated this request was to change the side yard setbacks for
Residential Low Density (RLD), Residential Medium Density (RMD), and Residential
High Density (RHO) housing zones that abut streets. The current requirement is 15%
and Staff is petitioning to reduce this to 10%. When the Planning Commission
considered Variance 98-2 the Commission requested that a Zoning Text Amendment be
drafted to deal with side yard setbacks. He stated that the Commission had granted 3
Variances identical to this request. Reduction of setbacks would allow for greater usage
of residential property. Staff determined that there would be no line of sight problems
and little or no fiscal impact to the City. Recommendation is to approve Zoning Text
Amendment 99-2.
Chairperson Brown stated that in making this recommendation he was not
recommending it citywide, but was referring specifically to the beach stub-alleys to allow
residents to beautify this area. He asked if the Zoning Text Amendment could be re-
written to reflect this. He also asked if Staff had misunderstood his recommendation or
if Staff was in fact proposing to make this a citywide change. Mr. Cummins stated that
Staff understood this to be implemented citywide. He again emphasized that it would
not create any building separation or fire issues and would allow residents greater
usage of their property. Chairperson Brown inquired of the City Attorney if he recalled
Chairperson Brown's recommendation. Mr. Steele responded that he recalled
discussion of the beach stub-properties, but he did not recall discussion of targeting the
beach stub-properties only. Commissioner Lyon asked by how much this would reduce
the side yards. Chairperson Brown explained that it would depend upon the size of the
property.
Public Hearina
Mr. Reg Clewley stated that reduction of side yard setbacks could interfere with
installation of public signage (stop signs, stop lights) at corners. He also stated that this
would obliterate the view from one block corner to another. He stated that what the City
needs is a local coastal program to responsibly approach requests to build. Mr. Clewley
said that when this issue came up for discussion, it was in reference to stub-alley
properties on the Gold Coast only. Mr. Clewley stated that rather than issue variances
on a case-by-case basis, the Commission had decided to request a zoning text
amendment specifically for the Gold Coast. He said that if this amendment were
approved citywide, it would create discrepancies in the side yard setback requirements
between properties in Old Town and properties on "The Hill." He stated that this could
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City of Seal Beach Planning Commission
Meeting Minutes of August 4, 1999
also create access problems for emergency service personnel and equipment. Mr.
Clewley stated that approving this amendment would pollute our building code, as it
would create many problems between property owners.
Ms. Sue Corbin requested that this item be tabled. She stated that the City would have
a local coastal plan very shortly. She said that the City needs to have uniformity in
requirements for property owners. Ms. Corbin noted that property was recently
purchased in Surfside and the owner wants to build a structure that the residents of
Surfside do not want. She stated that the City was going to be forced to have a local
coastal plan and, if not, she would go to court to pursue this, and ensure that the plan
would protect Surfside also.
Chairperson Brown closed the public hearing.
Mr. Cummins stated that re had spoken to the City Engineer, Steve Badum, and Mr.
Badum had assured him that there would be no line of sight issues.
Chairperson Brown stated that unfortunately, he believed Staff had misunderstood his
request. He said that his objective was to allow residents near the stub-alleys to
landscape on the other side of the walls to help beautify the alleys. Chairperson Brown
stated that it was not his intent to reduce side yard setbacks to allow property owners to
build on their property. He stated that he would vote against Zoning Text Amendment
99-2 as it did not reflect what he had intended to accomplish.
Commissioner Larson stated that he sympathized with property owners who were
subject to side yard restrictions, and that he was not comfortable with granting
variances on a case-by-case basis as opposed to approving a citywide ordinance for
side yard setbacks. He' said that he did not feel there would be a problem with
obstruction of site view for automobiles driving by or for emergency vehicles.
Chairperson Brown asked to clarify an issue regarding the Variance approved for a
property on the 300 Block of 3rd Street. He stated that the issue was whether the
property owners could build new construction within the side yard setback. There was
pre-existing construction within the side yard setback, which the variance allowed them
to keep, but they were not allowed to build new construction within the side yard
setback. He stated that traditionally the Commission had allowed property owners to
keep pre-existing structures, but that the Commission had never allowed a Variance to
intrude into a setback on a new structure. He also noted that the copy of the resolution
on the Ocean Avenue property provided to him was not readable. Mr. Cummins stated
that this was the best copy that could be taken from the microfiche, and, unfortunately, it
was difficult to read.
Commissioner Hood requested that this item be referred back to Staff for "rethinking or
redevelopment." Chairperson Brown indicated that if the Commission denied this
amendment, Staff could redevelop it and revisit the item if they so decided.
Commissioner Hood asked Chairperson Brown if he preferred flat out denial of the
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City of Seal Beach Plannmg Commission
Meeting Minutes of August 4, 1999
amendment as opposed to referring the item back to Staff, to which Chairperson Brown
responded that he preferred to deny.
Commissioner Lyon inquired as to the number of wide lots on side streets having a 15%
setback requirement. Mr. Cummins stated that there were many of these lots.
Commissioner Lyon again referred to the stub-alleys in reference to the side yard
setbacks, to which Chairperson Brown responded that his original intent had been to
allow landscaping on the City side of the stub-alleys abutting the walls which separate
the properties from the alleys. Mr. Steele confirmed that Chairperson Brown did not
intend to make what was approved in the last Variance a legal use. Chairperson Brown
again restated his intent to allow for beautification of the stub alleys leading to the
beach. Mr. Steele stated that his impression was that Staff was attempting to legalize
what had been permitted by the Variance on the Ocean Avenue property. He stated
that Chairperson Brown's recommendation was more of an encroachment permit, which
has been used by some of the beach cities. Chairperson Brown stated that if Staff felt it
was a good idea to have a 10% side yard setback, then he would like to see further
analysis by Staff on this issue.
Commissioner Lyon read from Page 3 of the Staff Report regarding previous issuance
of Variances for reduction of side yard setbacks and stated that only 2 had been
approved. Mr. Cummins stated that 3 had been approved. Commissioner Lyon said
that making this a citywide amendment could be like "opening a can of worms."
MOTION by Brown; SECqND by Hood to deny an amendment to the Code of the City
of Seal Beach to reduce tHe required side yard setbacks in residential housing zones
that abut streets. The setback requirement is currently 15% in all housing zones (RLD,
RMD, and RHD) and is proposed to be reduced to 10% in the RLD, RMO, AND RHO
zones.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
4-0
Brqwn, Hood, Larson, and Lyon
None
Cutuli
4. Zoning Text Amendment 99-3
Citywide
ApplicanUOwner:
Request:
'City of Seal Beach
To consider an amendment to the Code of the City of Seal
~ Beach to limit the number of items that may be placed on a
temporary banner in the city. Specifically, the proposal will
limit the number of items of information placed on the
temporary banner to three (3) on streets with speed limits of
35 MPH or more, and proposes to limit banners to two (2)
items of information on streets less than 35 MPH.
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Meeting Minutes of August 4, 1999
Recommendation: 'Recommend approval to the City Council.
Staff Report
Chairperson Brown asked if this was a modification to the original Banner Permit
approved by the Commission, to which Mr. Cummins responded in the affirmative.
Mr. Cummins delivered the staff report. (Staff Report is on file for inspection in the
Planning Department.) He stated that this request was to limit the number of items of
information that could be placed on a temporary banner. Mr. Cummins noted that the
request would be the same as the sign ordinance but would require that banners placed
on buildings fronting streets with speed limits of less than 35 MPH have only two (2)
items of information, and banners placed on building fronting streets with speed limits of
35 MPH or more have no more than three (3) items of information. He stated that
currently there was no limit to the information that could be placed on a temporary
banner, which has led to banners that are very cluttered and aesthetically unpleasing
being placed on buildings. The intent of the code is to allow these temporary banners
as supplemental advertisir,lg and clearly states that banners may be displayed for only
30 days at a time, no more than 3 times a year, with at least 14 days between displays.
He stated that currently there are applications for temporary banners that do not fit the
spirit of the code. Mr. Cummins stated that approval of this zoning text amendment
would make the Banner Ordinance consistent with the City Sign Ordinance and would
present little or no fiscal impact tot he City.
Commissioner Lyon asked for a definition of a banner. Mr. Cummins responded that it
had to be affixed to a building. Mr. Cummins presented examples of acceptable and
non-acceptable banners. Chairperson Brown asked how a determination would be
made on the number of items on a banner. Mr. Cummins responded that he would
complete approval of banners. Chairperson Brown asked the City Attorney if
enforcement of this banner requirement would be feasible. Mr. Steele responded that
prior to approval Staff could work with the business owners in providing
recommendations for creating banners that would be in compliance with this
amendment. Chairperson Brown asked if pre-approval of banners was currently
required. Mr. Cummins responded that once a banner was approved a tag was issued
to permit display of the banner for a specified time period. He stated that although
there was an ordinance restricting items on signs within the City, there currently was no
restriction for banners, and this zoning text amendment would incorporate enforcement
of item clutter on temporary banners.
Public Hearinq
Ms. Sue Corbin noted a Main Street business that had erected a 5-foot long structure,
which had been built into the easement, advertising a business special. She stated that
these are a safety hazard, and that all citizens have to pay if someone falls over them
and is injured. She said that the easement is there for safety reasons and that if this
law is passed it would not be enforced, as the City does not enforce laws for any of the
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City of Seal Beach Planning Commission
Meeting Minutes of August 4, 1999
Main Street businesses. She states it is unsafe to walk on Main Street and business
owners need to get back to following the law.
Mr. Reg Clewley stated his opposition to Zoning Text Amendment 99-3 as written. He
said that banners should not be construed as being exempt from the Environmental
Quality Review Act and proposed an amendment to this amendment, requiring that all
applications for banners be approved by the Environmental Quality Control Board. He
stated that Staff was not qualified to determine what is aesthetically pleasing or what
constitutes 3 or more items per banner. He requested that the Commission deny
Zoning Text Amendment 99-3.
Commissioner Comments
Commissioner Larson asked who would make the determination of what was
aesthetically pleasing, as what is pleasing to one person might not be as pleasing to
another. He stated that the marketplace should make the determination of what they do
or do not like, and it should not be within City jurisdiction to decide what is "pretty," and
on this basis, he would vote against this amendment.
Commissioner Lyons stated he was in agreement with limiting the number of items
advertised on banners as too many items in advertisements make them ineffective.
Chairperson Brown stated that the City basically functions as "landlord" to Main Street,
with responsibility for furthering the interest of the community by increasing property
values, increasing sales tax revenues, and having a pleasant place to shop. He said
the City had not done a ,particularly effective job in this capacity, but because Seal
Beach has chosen to maintain a small town atmosphere with residents and visitors able
to walk down Main Street and stop to shop or dine, he feels that this is a reasonable
attempt by Staff to help keep the visual clutter to a minimum.
MOTION by Hood; SECOND by Brown to approve Resolution 99-25 as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
3-1-1
Brown, Hood, and Lyon
Larson
Cutuli
STAFF CONCERNS
Mr. Cummins reminded the Commissioners that election of a new Chairman and Vice-
Chairman was to be held at the next Planning Commission meeting.
Mr. Steele introduced Terrance Boga who would be replacing Mr. Steele as the City
Attorney for the City of Seal Beach beginning in the fall.
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City of Seal Beach Planning Commission
Meeting Minutes of August 4, 1999
COMMISSION CONCERNS
Chairperson Brown referred to a letter received by the Commission regarding
O'Malley's On Main. He confirmed the Planning Commission had voted that O'Malley's
could not open for patio dining unless signage was posted on the church parking
spaces, but that this was not a scheduled agenda item. If the applicant was not able to
provide signage, he could reappear before the Commission or appeal to Ctiy Council.
Chairperson Brown referred to another letter received questioning the accuracy of the
minutes. He stated the intention of the minutes was not to provide a verbatim account
of meetings, and because videotapes of the meetings are made, he does not believe
Staff should expend a great deal of time with verbatim transcriptions. Chairperson
Brown stated that in the majority of organizations minutes are a summary of events,
which he believes to be, more accurate. He said that the Resolutions provided
represent a word-for-word transcript of what was voted on. Chairperson Brown
requested that in the future Staff present a summarization of the minutes as opposed to
a verbatim account of proceedings.
Commissioner Hood agreed that the minutes should summarize what has taken place
(motions made, resolutions passed, etc.), and not have to reflect what everyone says.
Mr. Steele stated that the verbatim transcript of the meetings had evolved because of
complaints from member's of the public who believed their statements had been
inaccurately summarized.. Chairperson Brown confirmed that it was the consensus of
the Commission that minutes should reflect a summarization of events and not a
verbatim account and requested that Staff conform to this procedure.
ADJOURNMENT
Chairman Brown adjourned the meeting at 8:55 p.m.
Respectfully Submitted,
(\..o...~ ~ C\.~^~
Carmen Alvarez
Executive Secretary
Planning Department
APPROVAL
The Commission on August 18, 1999 approved the Minutes of the Planning
Commission Meeting of Wednesday, August 4, 1999. e b...
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