PC MINUTES 07-14-2014 - Laserfiche WebLink

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X Commissioner Bacerra disclosed for Agenda Item No. 2 that he also spoke with Midoros LLC representatives Carlos Bustamante and Saul Delgado on the project. REVIEW OF PLANNING COMMISSION BY -LAWS AND CITY CODE OF ETHICS Commissioners Bauer and Bacerra discussed the possibility of prohibiting ex parte communications. Vice Chair Mill noted the importance of updating the By -Laws and aligning them with the City's Code of Ethics and Sunshine Ordinance, while noting the importance of being transparent and creating an open and fair process in government as discussed in the presentation to the Commission by City Attorney Sonia Carvalho on March 10, 2014. Commission discussion ensued on prohibiting ex parte communication, verbal disclosures, the disclosure form and penalties for violating the By -Laws. Ms. Haluza clarified that verbal disclosure is required, with the form acting as a memorialization of any disclosure that would become part of public record. Ms. Haluza also noted that the By -Laws state that Boards and Commissions have the ability to prescribe rules and regulations governing their operations. Commissioner Bacerra commented that the Ex Parte Communication Form does not accomplish what it is intended to do. He also expressed concerns with the Commissions ability to enforce what is not allowed by the Charter. Commissioner Bauer noted his concerns with the portion of the memorandum that referenced potential punishment of the Commission for violations of the By -Laws. Chairman Alderete noted support of change in By -Laws adding he thinks there should be some type of enforcement for individuals who circumvent the rules. Vice Chair Mill stated that the current disclosure process is not effective, with the new process assisting in informing the public of communications outside of the public realm. He also commented that a clear process needs to be defined with repercussions included in the By -Laws. Commissioner Bacerra noted this policy should be applied equally to all city boards and commissions and should be a directive from the City Council. Chairman Alderete noted the penalties laid out include a resolution of censure, preparation of a letter to the Council regarding a breach of the By -Laws and preparation of a letter requesting action, up to and including removal of the Commissioner. with removal a function of the Council. MOTION: Direct staff into inquire in the possibility of prohibiting all Ex Parte Communications and implications. MOTION: Bauer VOTE: AYES: NOES: ABSTAIN ABSENT: Motion Failed. SECOND: Bacerra Bacerra, Bauer (2) Alderete, Mill, Nalle, None (0) Gartner (1) Yrarrazaval (4) MOTION: Direct staff to prepare changes to By -Laws to include the Code of Ethics and Conduct and Sunshine Ordinance as worded in the memorandum without disciplinary action. PLANNING COMMISSION MINUTES 2 JULY 14, 2014