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not good policy to have someone who appeals an item to hear it, then there is nothing <br />improper to continue the process currently in place. He explained that a property owner, <br />neighbor, resident, interested party, Planning Commissioner as an individual citizen, or <br />City Councilmember can appeal a decision of the Planning Commission to the City <br />Council. There is an issue whether or not by reason of appealing the matter, you should <br />be disqualified. Right now that is not required to happen, so it is a policy issue, not a <br />legal issue. <br /> <br /> Mr. Brozosky asked if someone had a conflict, could that person still appeal the <br />decision? <br /> <br /> Mr. Roush responded by saying that if someone had a conflict, it would be better <br />for them not to appeal the item as a councilmember, but to appeal the decision as a <br />property owner. <br /> <br /> Ms. Ayala asked if she could appeal something and then participate in the <br />decision when it came to City Council. She stated that she did not feel a Planning <br />Commissioner should have to pay any money or fees to have an item appealed. <br /> <br /> Mr. Roush said that was the current rule. Tonight staff is looking for council <br />direction including if a City Councilmember does not have to pay the appeals fee, should <br />that rule be consistent for the Planning Commissioners. <br /> <br /> It was moved by Mayor Pico, seconded by Mr. Brgzosky, to retain City <br />Councilmembers authority to appeal decisions of the Planning Commission and the <br />Zoning Administrator; that City Councilmembers should be able to appeal an item <br />without requiring majority Council support it; if a Counciimember appeals a <br />decision but s/he is not required to pay the appeal fee; a Councilmember or <br />Planning Commissioner could appeal the decision at a City Council meeting, <br />Planning Commission meeting, or at another appropriate time within the regulatory <br />appeal period; if a Councilmember appeals a decision, s/he be allowed to participate <br />in the decision unless otherwise disqualified under the Political Reform Act or other <br />law; and the that the same rules apply to Planning Commissioners. <br /> <br />The roll call vote was as follows: <br />AYES: Councilmembers - Ayala, Brozosky, Campbell, Hosterman, and <br /> <br /> Mayor Pico <br />NOES: None <br />ABSENT: None <br />ABSTAIN: None <br /> <br />03/04/03 <br /> <br />PleasantonCityCouncil 10 <br />Minutes <br /> <br /> <br />