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City Att'y Says Revised Belmont Pool Dec. 19 Planning Comm'n Hearing Is "On"...But Several Community Advocates Say Bungled Cancellation Notice And Belated Online Materials Merit Fresh Notice/New Scheduled Hearing


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(December 18, 2019, 11:50 a.m.) -- The Long Beach City Attorney's office tells LBREPORT.com that a Dec. 19 Planning Commission hearing item re the Belmont Beach Aquatic Center is "on," a stance that effectively puts City Hall on a collision course (again) with grassroots community advocates who previously raised issues (resisted by the City) that successfully resonated with Coastal Commission staff and resulted in a downsized project design.

The triggering event this time was an emailed notice -- sent by the City of LB on Friday Dec. 13 -- announcing cancellation of the Dec. 19 Planning Commission meeting:

NOTICE OF CANCELLATION

The regularly scheduled Planning Commission public hearing for Thursday, December 19, 2019 has been canceled. The next regularly scheduled meeting will be held on Thursday, January 2, 2020 at 5:00 p.m.

Despite the City's notice that the Planning Commission meeting was canceled, the City's website displayed a Dec. 19 Planning Commission agenda (over the weekend of Dec. 14-15) showing the meeting was on, including the pool item. A number of community advocates cry "foul" and contend that the cancellation notice now legally requires a fresh 10-day notice of the Planning Commission hearing.

Their request is troublesome for city staff's fast-track timeline that presumes December Planning Commission approval will lead to January City Council approval in time to let new pool appear on the Feb. 2020 agenda for the Coastal Commission's meeting in Long Beach. >p>Asked about the status of the Dec. 19 hearing by LBREPORT.com, Assistant City Attorney Mike Mais forwarded the statement below provided by LB Development Services:

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The hearing is happening. The matter was noticed by mail and at the site two-weeks in advance. There was a computer glitch late Friday and staff came in to the City Saturday, it was resolved Saturday afternoon. The email reminders went out Monday morning. The documents are available online, although as this is a revision to the project and a CEQA Addendum, there is no legal review period. Lastly, in this case, the Planning Commission’s action is only to make a recommendation to the City Council, who will then be sending the project to the Coastal Commission. This process is not short on public input.

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As to the origin of the cancellation notice, city staffer Scott Kinsey acknowledged in a December 16 email to community advocate Kerrie Aley:

The Planning Commission meeting was initially canceled due to a lack of a quorum (not enough commissioners were going to be able to attend the meeting). However, we will have a quorum and the meeting is back on. The cancellation did not have anything to do with the project itself. The staff report and all supporting materials will be posted on the City website as soon as possible, probably this evening.

Perhaps seeking to blunt the impact of its bungled cancelation notice, LB Development Services also sent the following Dec. 16 emailed "reminder":

The revised December 19, 2019, Planning Commission meeting agenda, including the Belmont Pool item, is now available. View the agenda. The Planning Commission advises the Mayor and City Council on all matters affecting development of the City's General Plan, zoning and other ordinances to guide the implementation of long-range planning.

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In a follow-up Dec. 16 email to multiple city officials, Ms. Aley wrote in pertinent part:

It is my understanding that the notification for the December 19 Planning Commission hearing on the Belmont Beach and Aquatic Center complied with state law-per CEQA guidelines and California Code, Government Code - GOV § 65091 65092 requiring that the Notice of hearing shall be mailed or delivered at least 10 days prior to the hearing.

The City of Long Beach then sent out an official notification that the December 19 2019 Planning Commission meeting and hearing had been canceled.

Soon after this the December 19 Planning Commission agenda was posted on the City’s website indicating that the Belmont Beach and Aquatic Center hearing had been rescheduled for the original date.

When questioned - the public has been told by Development Services that this Planning Commission meeting was first canceled due to a lack of a quorum and or a computer glitch.

I believe if the City proceeds with the December 19 Belmont Beach and Aquatic Center hearing this will be indirect violation of State law and CEQA guidelines requirement for 10 days noticing. The meeting was scheduled, then canceled and there has been no 10 day legal noticing that the meeting has been rescheduled for the same date December 19.

While the City of Long Beach may feel that they now have a Planning Commission quorum for their own project... the fact is that the public has been improperly noticed during this holiday season, and our ability to participate has been damaged by the City's own actions. I am also aware that the CA Coastal Commission considers the quality of public participation integral with it's review of the entire project proposal.

Again I request that the December 19 Belmont Beach and Aquatic Center canceled and a new hearing date be properly noticed 10 days in advance and that the public be given adequate time to review the hearing documents. These documents are still not available nearly 72 prior to this hearing.

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On December 17, Linda Scholl, DCH, also raised those issues and added an additional Coastal Commission-related factor:

The public has been improperly noticed during this holiday season, and our ability to participate in the Belmont Aquatic Center decision has been damaged by the City's own actions. The December 19 Belmont Aquatic Planning Commission meeting was scheduled, then canceled, and then rescheduled without the required 10 day legal noticing that the meeting has been rescheduled for the same date of December 19.

It is my understanding that to proceed with the December 19 Belmont and Aquatic Center hearing violates State law and CEQA guidelines requirements for 10 days noticing.

Whether or not due to error or computer glitch, the City of Long Beach must comply with state law-per CEQA guidelines and California Code, Government Code - GOV § 65091 65092 requiring that the Notice of hearing shall be mailed or delivered at least 10 days prior to the hearing.

The CA Coastal Commission considers the quality of public participation integral with it's review of the entire project proposal.

Therefore, I request that:

A. The December 19 Belmont Beach and Aquatic Center Planning Commission hearing be canceled

B. A new hearing date be properly noticed 10 days in advance, and that

C. The public be given adequate 10 days of time to review the hearing documents.

Further, I urge that this item be postponed until the Coastal Commission staff has approved the City's application for the revised pool plans. It has been almost 2 years since the first application was submitted. There is no need to speed up this hearing. The public and the Commission need time to study the many changes which have been made to the old plan. City's BelmontPool.com website be modified to reflect the new design, project schedule, and include advance notice of public input meetings and hearing dates.

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Ann Cantrell (signing as part of Citizens About Responsible Planning/CARP) emailed support for Ms. Scholl's request and added:

...]T]he supporting documents for the Dec. 19 hearing on the Belmont Aquatic Center/Belmont Pool (even the name has been changed from the original EIR), were not on line until 6:03 p.m. on Dec. 16, 2019. "The public has less than the required 72 hours to review these documents, which contain multiple changes to the original plan. I join Linda Scholl in urging a postponement of this issue until after the holidays,

LBREPORT.com plans to livestream the Planning Commission meeting on LBREPORT.com's front page (www.LBREPORT.com) on Thursday, Dec. 19 starting at 5:00 p.m.



Support really independent news in Long Beach. No one in LBREPORT.com's ownership, reporting or editorial decision-making has ties to development interests, advocacy groups or other special interests; or is seeking or receiving benefits of City development-related decisions; or holds a City Hall appointive position; or has contributed sums to political campaigns for Long Beach incumbents or challengers. LBREPORT.com isn't part of an out of town corporate cluster and no one its ownership, editorial or publishing decisionmaking has been part of the governing board of any City government body or other entity on whose policies we report. LBREPORT.com is reader and advertiser supported. You can help keep really independent news in LB similar to the way people support NPR and PBS stations. We're not non-profit so it's not tax deductible but $49.95 (less than an annual dollar a week) helps keep us online.


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