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HomeMy WebLinkAboutPC Min 2006-09-20A City of Seal Beach Planning Commission . Agenda of September 20, 2006 City of Seal Beach Planning Commission Agenda for September 20, 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 - Personal Financial Gain VI. AOURNMENT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 City of Seal Beach Planning Commission Meeting Minutes of September 20, 2006 CITY OF SEAL BEACH PLANNING COMMISSION Minutes of Adjourned Meeting - September 20, 2006 Chairperson Deaton called the adjourned meeting of the Planning Commission to order at 6.45 p.m. on Wednesday, September 20, 2006. The meeting was held in the City Council Chambers and began with the Salute to the Flag.1 ROLL CALL Present: Chairperson Deaton, Commissioners Bello, Ladner, O'Malley, and Roberts. Also Present: Department of Development Services Lee Whittenberg, Director of Development Services Paul DaVeiga, Senior Planner Alexander Abbe, Assistant City Attorney Absent: None AGENDA APPROVAL MOTION by Roberts; SECOND by Ladner to approve the Agenda as presented. MOTION CARRIED: AYES: NOES: ABSENT: 5-0 Deaton, Bello, Ladner, O'Malley, and Roberts None None ORAL COMMUNICATIONS Chairperson Deaton opened oral communications. There being no one wishing to speak, Chairperson Deaton closed oral communications. STUDY SESSION 1. Ethics Training by Assistant City Attorney - Personal Financial Gain 1 These Minutes were transcribed from audiotape of the meeting. City of Seal Beach Planning Commission Meeting Minutes of September 20, 2006 1 Mr. Abbe referred to the presentation handout provided to the Commissioners and 2 noted that tonight the Planning Commission (PC) would review The Political Reform 3 Act (PRA) and Government Code Section 1090 (GCS 1090). (Copy of presentation is 4 on file for inspection in the Planning Department.) He noted that as a public official it is 5 fundamental that public officials act with the public interest in mind. He provided a brief 6 history of the PRA and explained that under the law public officials must annually 7 disclose on the Form 700 (Statement of Economic Interests), any personal financial 8 interests that could be affected by governmental decision making. All campaign 9 contributions must also be reported. He then discussed the economic interests that 10 may be affected based upon a potential governmental decision as follows: 11 12 1. Real property interest worth at least $2,000. Also applies to leased property. 13 2. Sources of income of $500 or more in the last 12 months. 14 3. Business interests or property interests of a business, if within the jurisdiction, 15 and you own 10 percent or more of the business. 16 4. Donors of gifts aggregating $360 or more within 12 months prior to making a 17 governmental decision. 18 19 Mr. Abbe then discussed the need for a Commissioner to recuse him or herself 20 whenever an item appears on the agenda for a property within 500 feet of a 21 Commissioner's residence or business interest site. He explained the exception to this 22 being when the outcome of the public hearing would impact a Commissioner's property, 23 in which case after recusing him or herself, the Commissioner may re-enter Council 24 Chambers and testify as a member of the public and then exit Council Chambers while 25 the legislative body deliberates and votes. He also noted the exception of the rule of 26 legally required participation, which applies when the majority of the legislative body 27 cannot participate due to conflicts. He said that in limited circumstances you can "draw 28 straws" to add people back on to the legislative body until you have a quorum. Mr. 29 Abbe then reviewed the penalties for violations of the PRA. He recommended that 30 public officials consult with the City Attorney or contact the Fair Political Practices 31 Commission (FPPC) when in doubt about any of these issues. 32 33 The Assistant City Attorney then reviewed GCS 1090, which predates the PRA and 34 prohibits public officials from having financial interests in government contracts. He 35 explained that a public official cannot "make" a contract in which he or she is financially 36 interested, and this would include preliminary recommendations and discussions. He 37 presented the exceptions of "remote interests" and "non-interests," which are similar to 38 the exceptions in the PRA, and reviewed the penalties, noting that they are quite 39 severe. 40 41 He ended by briefly reviewing Redevelopment Conflicts that would apply to the cities 42 and counties with redevelopment agencies, noting that members who are also Council 43 Members within the City of Seal Beach cannot acquire additional properties than what 44 they already own in a redevelopment project area. If they already own property in the 45 redevelopment area, they must disclose this in agency minutes. He provided the 46 exceptions to this as follows: City of Seal Beach Planning Commission Meeting Minutes of September 20, 2006 1 2 1. Exchange property for substantially equal value held for three years prior to 3 selection of the project area. 4 2. Lease property in project area for a principal business. 5 3. Purchase or lease a home in the project area for personal residential use. 6 7 Mr. Abbe indicated that the final training session would cover Due Process and Bias. 8 9 10 ADJOURNMENT 11 12 Chairperson Deaton adjourned the meeting at 7:20 p.m. 13 14 15 Respectfully Submitted, 16 17 18 19 Carmen Alvarez, Executive Secret 20 Planning Department 21 22 23 APPROVAL 24 25 The Commission on October 18, 2006, approved the Minutes of the Planning 26 Commission Meeting of Wednesday, September 20, 2006. ~.