HomeMy WebLinkAbout2018-06-06; Planning Commission; Minutes(i) PLANNING COMMIS SION
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June 6, 2018 -Special Meeting Minutes
CALL TO ORDER: 5 p.m.
City Council Chamber
1200 Carlsbad Village Drive
Carlsbad, CA 92008
ROLL CALL: Chair Montgomery, Commissioners Anderson, Geidner, Black, Luna, Meenes, and
Segall
STAFF PRESENT: City Attorney Brewer, Assistant City Attorney Kemp, City Clerk Cobian, Deputy
City Clerk McMinn, and City Planner Neu
PLEDGE OF ALLEGIANCE: None.
APPROVAL OF MINUTES: None.
CONSENT CALENDAR: None.
PUBLIC COMMENTS ON ITEMS NOT LISTED ON THE AGENDA: None.
PLANNING COMMISSION PUBLIC HEARING: None
CITY ATTORNEY REPORTS:
1. Boards and Commissions Training covering best practices and laws applicable presented by the City
Attorney and City Clerk.
City Attorney Brewer opened the meeting by speaking about Carlsbad Municipal Code 2.24, Planning
Commission and the recently updated Carlsbad Municipal Code Chapter 1.20, Meetings.
She talked about the Planning Commission being a quasi-judicial body that applies codes and standards
to a project and makes a legal recommendation on such projects. She noted that if a Commissioner feels
they need to vote against the project, it is very important to state the findings that they feel the project
doesn't meet.
She stated that there are three transparency laws which are important to all Boards and Commissions.
The first law is the Brown Act (CA Sunshine Law) which assists in building public confidence by requiring
the public's business to be conducted in open and noticed meetings. It also gives the right for public
participation in meetings.
Commissioner Segall arrived at 5:10 p.m.
City Attorney Brewer invited Mayor Hall to say a few words to the Commission.
Mayor Hall thanked the Commissioners for their work and time that they put into being a Planning
Commissioner. He spoke about honoring the position and some of his own situations. He talked about
staying focused on the topic and on the issues. Don't let the public side track an item. If you as a
Commissioner are having trouble understanding a project, please check with staff. It is important to stay
informed.
June 6, 2018 Planning Commission Minutes
Special Meeting Minutes
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City Attorney Brewer spoke about the Public Records Act. She reminded the Commissioners that the law
has changed. The Act now includes your private device (personal cell phone). If you use your cell phone
for business it can be subject to a public records request. To assist with this situation, Commissioners will
be set up with a city email account. She reminded everyone to be professional when responding to emails.
City Attorney Brewer spoke about the third transparency law -Political Reform Act. This Act is to ensure
the public that those, who are making decisions on project, do not have any financial interests in that
project. When an item comes before the Commission, you should ask yourself -do I have a business
interest in this item. If you believe you do, you must abstain from the item. This also includes if you live
within a 500-foot radius of an item that is being voted on. She noted that if you feel you must abstain
from an item, you must leave the room. If you abstain from an item due to having an interest in real
property, you may speak to that item.
Assistant City Attorney Kemp reminded the Commissioners of their ex parte disclosures regarding
projects. If they visited a site, talked to applicant, etc., this information needs to be disclosed on the
record. If not, a Commissioner could be dismissed for being bias.
Commissioner Black spoke about being a part owner in a brewing company. He noted that an item
presented before the Commission could possibly (in the future) have this beer on tap at its establishment.
City Attorney Brewer reminded that it is important to ask yourself -do I have any financial gain. If yes,
then you must excuse yourself from the item. She noted that if you are not sure about abstaining from
an item, contact the City Attorney's office.
Commissioner Anderson stated her concerns with Commissioners who do not like the design of the
project, but it meets the standards, so they feel the need to vote for approval of the project. She noted
that the Village and Barrio Master Plan listed design standards.
City Planner Neu explained guidelines and standards within the Village and Barrio Master Plan.
City Attorney Brewer talked about working with the City Council and City Clerk's office in putting together
a master ordinance that would be applicable to all Commissions. The goal of this ordinance is to make
meetings, agendas, minutes etc. more unified. She noted that two changes proposed in the master
ordinance includes requiring speaker cards to be turned in before the item is heard. She noted that the
speaker will not have to check the box whether they support or oppose a project.
City Attorney Brewer reminded the Commission that an Ethics course must be taken every two years
either on line or in person.
City Attorney Brewer thanked the Planning Commission for all their work and reminded them that the
City Attorney's office is available to assist with questions.
ADJOURNMENT:
~;tjourned at 6 p.m.
City Planner, Don Neu
Minutes Clerk-Jeanette Brown -