Legal Review Committee Agenda and Packet 2020 06 10

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City Council Legal Review Committee Meeting Minutes May 20, 2020 Page 2 of 4 Councilmember Leh noted the goal is to make sure that whatever process is used we need to adhere to all of the provisions of the charter and show true transparency. Councilmember Brown noted this version changes the language about indemnifying the City. He asked why staff is recommending those changes. City Attorney Kelly stated substantively it doesn't change much. It does break down the categories and uses the land use code to identify the precise types of applications that would be allowed to be heard by Planning Commission and City Council and those not allowed. Councilmember Leh asked if any more applicants have decided to not proceed to hearing because of the indemnification requirement. Director Zuccaro stated since the last meeting there was one other applicant who declined to go ahead with an electronic hearing, but he does not know if that was due to the indemnification requirement. Councilmember Brown asked why the section giving the City Manager discretion to decide what could be held electronically was struck. City Attorney Kelly stated this resolution is intended to allow the Council to expressly decide what kinds of hearings should be held by electronic hearing and which shouldn't be while understanding that if there are technical issues a hearing may need to be continued. Councilmember Brown was concerned this gives applicants the right to an electronic hearing. City Attorney Kelly stated it doesn't give the right but does give the applicant a more clear process of what to expect moving forward this way unless there is a technological reason it can't be heard electronically. The goal is to create a more predictable process both for applicants and staff as to which hearings can move forward. Councilmember Leh stated he does like making this more predictable with less discretion in the process. Councilmember Leh stated he doesn't like section A2. He is concerned about having these public hearings at Planning Commission by electronic means. He will not support that provision. He would like to provide an alternative for that. Councilmember Fahey stated she feels this resolution is a good representation of what the Council decided they would like to see done when passing the earlier resolution. As whole this document represents what the Council agreed to. Members discussed accessibility for meetings and how the City can help accommodate people and make sure anyone can participate if interested.