Planning Comm'n Votes <nobr>4-0</nobr> NOT To Recommend Reduced Req'ts For Mailing Notices of Hearings On Proposed Projects, Declines To Back Vaguely-Worded But Substatively Significant Council-Recommended Changes For Now; Staff Will Seek Data From Public On How People Learn Of Upcoming Hearings And Report Info Back; Action Follows Opposition From Residents Of Multiple Neighborhoods Across City (Incl. Retired Councilwoman Gabelich)

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Planning Comm'n Votes 4-0 NOT To Recommend Reduced Req'ts For Mailing Notices of Hearings On Proposed Projects, Declines To Back -- For Now -- Vaguely-Worded But Substantively Significant Changes (Sent By Council In Roughly 30-Second Item)

Staff Will Now Gather Info On How LB Residents Learn Of Upcoming Hearings And Report Info Back; Action Follows Stiff And Unanimous Opposition From Residents Of Multiple Neighborhoods Across City (Incl. Retired Councilwoman Gabelich)

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(Jan. 16, 2015) -- As carried LIVE on LBREPORT.com's front page with quick launch on-demand AUDIO now available below, after public testimony in opposition from residents of neighborhoods across the city (incl. Belmont Shore, ELB, Wrigley, Central LB, North LB and including retired 8th dist. Councilwoman Rae Gabelich), LB's Planning Commission voted (motion by Christoffels) not to recommend a package of Council proposed changes and instead to leave LB's current requirements for giving notice of upcoming hearings on projects in place -- for now.

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The Planning Commission also voted to increase (instead of Council proposed decrease) the required size for outdoor posters giving notice of upcoming hearings while standardizing the size (a Council recommendation) to standard size E.

The motion, which passed on a 4-0 vote, asked city staff to begin informally asking persons who contact the city about hearing matters how they learned of the upcoming hearing (via written notice, outdoor posted notice, internet or social media) and report the findings to the Planning Commission. The Planning Commission's recommendation will now presumably be forwarded to the City Council.

Opposition was polite but pointed and widespread. Retired Councilwoman Rae Gabelich said she found the proposed changes "laughable" after hearing LB's new leadership's words about transparency, civic involvement and a new city. Other speakers in opposition included Jeff Miller (Belmont Shore Residents Ass'n Sec'y), Jack Smith (Central Project Area Council), Laurie Angel (veteran NLB advocate), Melinda Cotton (Belmont Shore), Annie Greenfeld Wisner (CPAC), Joe Sopo (Los Altos, ELB), Al Smigelski (Wrigley), Elizabeth Lambe (Exec. Dir. Los Cerritos Wetlands Land Trust), Richard Ivey (Los Cerritos Neighborhood Ass'n), Susan Miller (Belmont Shore), Jim Dano (indicated he lives in a historic neighborhood), Maureen Neely (Belmont Heights Community Ass'n), Reyna Akers (SE LB), Glenda Gabel (Obispo/3rd area). No speakers spoke in support.

To hear the Planning Commission item in its entirety, click here.

To view city staff's memo accompanying the Jan. 15 Planning Commission item, click here.

Although not cited by date in city staff's agendizing memo (which vaguely referenced a previous Council action), LBREPORT.com learned on Jan. 15 that the item had its genesis in a November 11, 2014 Council item agendized by Councilwoman Stacy Mungo joined by Councilmembers Suzie Price, Lena Gonzalez and Al Austin. The item was added to the Council's Nov. 11 agenda using a procedure that lets Councilmembers bypass the usual 8-day public notice requirement and instead use the Brown Act state-minimum notice by noon Friday before the Council meeting if joined by three Councilmembers, and in this case it was Mungo + Gonzalez + Price.

Using the late-addition procedure put the Mungo-Price-Gonzalez-Austin item number 31 (out of 34) on the agenda...and was left to the near end of the agenda (although Mayor Garcia took other items out of order.) As agendized, it read:

Recommendation to direct City Attorney and Department of Development Services to propose amendments to Long Beach Municipal Code Chapter 21.21 that will enhance public noticing and transparency while reducing unnecessary costs imposed on businesses by out-of-date, discretionary and less effective noticing, and refer said amendments to the Planning Commission, in support of Business Development.

The agendizing verbiage was taken from Councilwoman Mungo's memo text which can be viewed in full at this link.

The Mungo-Price-Gonzalez-Austin memo doesn't mention reducing noticing requirements. Instead it said noticing the requirements would be "reset." The entire time for Council discussion of agenda item (from the clerk calling the item to the Council vote) was just over thirty seconds. It ends with Mayor Garcia laughing along with some Councilmembers.

To HEAR the Nov. 11 Council proceedings that triggered the Jan. 15, 2015 Planning Commission proceeding, click here.

As city staff makes clear in its Jan. 15, 2015 memo for Planning Commission consideration, "re-setting" LB's requirements for public notice would eliminate mailed notices for tenants, cut the time period for giving notice to the public of an upcoming hearing on a proposed project from 14 days to 10 days and reduce the radius in which property owners must be sent mailed notice of the hearing from 750 feet to 300 feet. Former Councils (following public testimony) found those standards inadequate and expanded them in 2009 [and in 2007 by emergency ordinance].

City staff said the Nov. 2014 Council-proposed changes would reduce mailing costs for project applicants (not for taxpayers since the City doesn't pay those costs) and would accelerate project timelines. Staff also said it believes the internet and social media are more effective in communicating word of upcoming hearings, and indicated staff plans to increase outreach on upcoming projects via "e-notify" and social media. Asked by a Planning Commission member if staff had any metrics on this, city staff replied no...a point that apparently proved significant in Commissioner Christoffels successful motion asking staff to gather information on how LB residents currently come to learn about upcoming hearings...and report the information back for possible future action.

The net effect of the Jan. 15 Planning Commission action leaves the status quo in place -- for now -- until staff gathers data on how members of the public learn about upcoming hearings and projects. That recommendation will now be sent to the City Council...and a Council majority will have the last word on what to do.

At the conclusion of the Planning Commission meeting, retired Councilwoman Gabelich commented in thanking the Commission:

"Your job is difficult but you are an independent body and you should never, ever in your decision feel pressured by the City Council. There's always an avenue for the public to go to the Council so please continue to do your job and ask the tough questions and continue to protect our neighborhoods."

LBREPORT.com will continue to follow this item.