The Council approved without dissent Mayor Garcia's Planning Commission appointees consisting of Union Pacific RR's Port-Affairs Rep, IBEW Local 11's VP and the South Bay Latino Chamber of Commerce CEO.

NLB community advocate Laurie Angel voiced concern over UP rep Perez, and WLB community advocate John Cross expressed plain spoken opposition to Mr. Perez and Garcia's other proposed Planning Commission appointees. In a significant Council exchange, Mayor Garcia prevented Mr. Cross -- and the Council and public -- from receiving a response from City Attorney Charles Parkin to a zoning issue that could come to the Planning Commission related to the WLB-impacting BNSF-sought So. Cal Int'l Gateway (SCIG) railyard.

In Council testimony, Mr. Cross explained that several years ago, WLB residents fought successfully to downzone Edison property under power lines from industrial to agricultural/open space, but said that WLB residents are now concerned that the area may be re-upzoned to industrial to accommodate BNSF's SCIG railyard...and Mr. Cross noted that such upzoning would come to the Planning Commission.

Mr. Cross sought to ask City Attorney Parkin [independently elected and not subordinate to the Mayor] if Garcia's Planning Commission appointees would have conflicts of interests...but Mayor Garcia stopped the question and answer, stating [we believe inaccurately] that only he (Garcia) could ask the City Attorney questions [untrue since Councilmembers can pose questions to the City Attorney...and any Councilmember(s) could have asked the City Attorney for a response to the issue raised by Mr. Cross.]

Instead, Mayor Garcia offered a generic non-responsive response that didn't answer Mr. Cross' question. No Councilmembers sought a response from the City Attorney to the question posed by Mr. Cross. None asked questions of their own. There were no other public speakers. Mayor Garcia called for the Council vote...which carried 9-0.

To hear this exchange, click here.

The full Council vote comes after its Personnel/Civil Service Committee (Austin, Uranga, Lowenthal) voted without dissent at a midafternoon meeting to recommend Garcia's three choices being advanced for the Planning Commission.

The Committee meeting included the revelation that the application submitted by one of Garcia's Planning Commission choices -- City of Los Angeles Planning Director Michael LoGrande -- had been pulled off (removed from consideration) for now

Committee chair Austin disclosed that Mr. LoGrande's application had been pulled but didn't explain why. A Deputy City Attorney volunteered that issue(s) of potential conflicts (since the prospective appointee works for the City of LA) are being examined.(further below.)

Mr. Cross testified in opposition to Garcia's nominees at the Committee meeting as well. Committee-member Roberto Uranga asked the City Attorney office rep if there were any legal conflicts of interest with UP RR nominee...and a Deputy City Attorney responded that there might be if a Planning Commission action resulted in personal gain but added that the Planning Commission member could then recuse himself.

Following the Committee meeting, Mayor Garcia's Chief of Staff Mark Taylor responded to an inquiry from LBREPORT.com regarding the LoGrande appointment with this emailed statement: "The appointment of Mr. LoGrande was delayed at his request so that he has time to resolve any potential conflicts with his employer. We anticipate bringing his nomination back in coming weeks."

Vice Mayor Suja Lowenthal spoke at length in support of Garcia's other appointees and Councilman Al Austin echoed her views. Both indicated that they had confidence that the City Attorney's office and appointee would know when recusal was needed and act accordingly. Appointee Perez spoke briefly, indicating he was eager to begin work as a Planning Commissioner.

Moments before the vote, Councilman Austin said the nominees are the Mayor's choices and said it wouldn't [paraphrase] serve a useful purpose to stand in the way of the nominees. [Under the City Charter, a Mayor's Charter Commission appointments all require Council majority approval.]

To hear the Committee proceedings, click here.

Under the LB City Charter, the Planning Commission has the following powers and duties:

Sec. 1002. - POWERS AND DUTIES OF THE PLANNING COMMISSION.permanent link to this piece of content

It shall be the responsibility of the Planning Commission to advise the City Council on all matters affecting the development and redevelopment of the City and to perform such other related functions as may be authorized by the City Council. All actions of the Commission shall be advisory only, except for those matters where final authority has been assigned to the Planning Commission. The powers and duties of the Planning Commission shall include the following:

(a) To prepare, approve and recommend to the City Council for adoption or amendment a comprehensive General Plan which shall serve as a basic policy guide for future growth, development, redevelopment, conservation and improvement of the City.

(b) To prepare, approve and recommend to the City Council for adoption or amendment all specific neighborhood plans and redevelopment area plans.

(c) To prepare, approve and recommend to the City Council such ordinances and resolutions, including zoning and subdivision regulations, as are necessary to implement the General Plan, specific neighborhood plans and redevelopment area plans. The City Council shall not adopt or amend any such ordinances or resolutions until it has first requested a report and recommendation from the Commission. The report shall be submitted within a reasonable time and shall evaluate such recommendation with regard to its consistency with the General Plan.

(d) To analyze data and information on the physical, social and economic conditions of the City with reference to both past and future conditions, and to report regularly to the City Council on such matters.

(e) To review the City's long range capital improvement plan to ensure that it is consistent with the City's general plan.

(f) To perform such other duties as may be established by this Charter or the City Council.

The Council also voted without dissent to approve multiple appointees by Garcia to non-Charter (strictly advisory) Commissions.

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