2004-12-03 Planning Commission Minutes

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voted a certain way so they could provide more information to address a concern, that really should be asked at the Commission meeting. Commissioner McCall questioned how Commissioners should deal with having past experiences or prior knowledge of a matter before the Commission. Mr. Yuen noted that Commissioners would not get in trouble if they use their overall knowledge and judgment about a situation as Commissioners are appointed because they know something about the Community, emphasizing that they should provide any information at the Commission meeting and not discuss it outside of the meeting. Mr. Yuen then suggested Commissioners call, write, fax or email the Planning Department before the meeting to ask that the Planning Department research a certain matter of interest or concern, to which Mr. Hayashi noted from the staffs standpoint they would like to be prepared instead of being caught off-guard at the Commission meeting. Mr. Yuen agreed with Commissioner Fujikawa that a Commissioner could ask Corporation Counsel whether or nottobringsomethingupofapersonalexperienceorknowledge. ForCommissionerSpringersinformation,Mr.YuensaidifaCommissionerwantsan application to be approved or denied, they have to be present at the meeting to vote and not have their comments on their thoughts read into the record, as it would be more in the nature of testifying. He said the overall philosophy of the Sunshine Law is that decisions are to be made by a group, like the Planning Commission, and it should be made at the meeting in public as a result of what is presented at the meeting, and after discussion and consideration by the members of the group. Regarding Commissioner McCalls inquiry, Mr. Yuen said a Commissioner could disqualify himself and testify if a neighbor had an application right next to his home; however, for ordinary applications where there is no direct conflict, he would discourage a Commissioner from stepping down from its role to provide testimony as it disqualifies the Commissioner from voting on the application. Mr. Yuen added that a Commissioner could still argue for or against an application without stepping down from its role as a Commissioner and the role of the Commissioner is stronger than a member of the public since the Commissioner gets to vote on the application. Mr. Hayashi noted that the Planning Staff, in consultation with the Office of Corporation Counsel, will prepare a manual for the Commissioners as to their role, and include the various statutes that affect the Commission. Mr. Yuen commended the Commission for not using executive sessions to do decision- making and keeping to the spirit of the Sunshine Law. General Plan Mr. Yuen gave some background information and updated the Commission as to the status of the General Plan which was last updated in 1989. He notedwhenthePlanningCommissionsentthedrafttotheCouncilinJanuary2002,the Council subsequently held a lot of meetings and workshops but never took action on it. HesaidthenewCouncilplanstopassaDraft1withamendments,whichwouldcome back to the Planning Commission for review. 3