Planning commissioners clash over private meetings | November 12, 2010 | Palo Alto Weekly | Palo Alto Online |

Palo Alto Weekly

News - November 12, 2010

Planning commissioners clash over private meetings

Split commission calls for revisions to policy that discourages meetings between commissioners and applicants

by Gennady Sheyner

A Palo Alto policy that discourages planning commissioners from meeting privately with developers whose projects are under review could be on its way out, despite complaints from neighborhood leaders that the change would deal a major blow to transparency.

This story contains 816 words.

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Staff Writer Gennady Sheyner can be e-mailed at


Posted by south PA Watcher, a resident of South of Midtown
on Nov 11, 2010 at 2:28 pm

I presume this would also free them to meet with members of the public?

Whatever policy they decide on, I think it should be consistent with Council's policy. They should be working on this closely with Council...and Council should drive it. PTC is an appointed advisory body to Council.

I like that they are going to require disclosure of these discussions (I hope that means full, public disclosure...and how will that be defined, I wonder.)

Posted by Institutionalized corruption, a resident of Evergreen Park
on Nov 11, 2010 at 7:17 pm

"the memo's three authors -- Vice Chair Lee Lippert and commissioners Dan Garber and Tanaka"
Pretty funny! Lippert and Garber are architects. They can make business contacts at the meetings with developers. And get new arguments to support the developers. They work for developers. They have already profited handsomely since being on the Planning and Transportation Commission.
Tanaka is a newbie who seems to believe what the money people tell him.
To imply that this is self-dealing and potentially corrupting is pretty obvious. For shame.

Posted by MJ, a resident of College Terrace
on Nov 12, 2010 at 10:23 am

This allows developers a chance to manipulate commissioners behind the scenes, and an almost irresistible opportunity to cleverly skirt or shade the truth. Even outright deceive without anyone outside that room being the wiser.

Especially when it comes to new commissioners who do not have the same level of knowledge or experience to ferret out the truth.

Too much money is at stake for developers not to do everything they can out of the public's sight to influence the outcome.

Even in a perfect world, excluding the public from hearing what developers are saying to commissioners in private is NOT transparency. It is naive to think otherwise.

Posted by Fred Balin, a resident of College Terrace
on Nov 14, 2010 at 10:39 am

Fred Balin is a registered user.

The article states: “They said in the memo that the lack of a city council policy discouraging communications with applicants creates a loophole that allows applicants to appeal directly to the council and bypass the commission's recommendations.”

The City Council does have a written policy discouraging outside (“ex parte”) communications in quasi-judicial hearings (i.e., where council members in effect act as judges). However the policy is blatantly disregarded, does not apply to Planned Community (PC) applications, and is not as explicit as the Planning Commission’s.

This year, the Council’s Policy & Services Committee has strengthened the wording, applied it to PCs, and lengthened the applicable time frame to extend back prior to Planning Commission and Architectural Review Board recommendations.

If approved by the full council, it will address the “loophole” cited in the Planning Commissioners’ Colleagues Memo: that an applicant pays attention to the commission relative to his or her calculus based on direct communications with council members.

So why abandon the current Planning Commission policy pending final council action on a proposed remedy? Because some commissioners feel the section on ex parte communications will still be “conflicting” with that of the council.

Just after public comment ended on Wednesday evening, the Chair expressed the conclusion that the revised wording at Policy & Services continues to permit the council to engage in ex parte discussions after the Planning Commission’s work is done.

This was a surprise to community members closely engaged in and following the process throughout the year. This statement is not consistent with our reading of the updated wording, our understanding of what occurred at Policy & Services, or the reforms we have been pursuing. Otherwise we would have commented long before this.

A council norm to prevent ex parte discussions before the planning commission acts and then allows it afterward solves little. PC applicants, for example, know that under our current system, no matter what happens at the Planning Commission, they can appeal the decision to the council, and that they can change their application, with no penalty, and at any time, up until or even when, the council meets.

John McNellis may have already counted council noses through direct communications when his project was before the planning commission in March 2007, but this is not why Alma Plaza became the poster child for manipulation of the public process in a Palo Alto land use application.

Rather it is because it is widely believed that as the Planning Commission’s decision was about to come to the council in April, 2007, he privately communicated an alternate proposal to a council member, who would become its leading proponent at the council meeting.

That proposal was revealed to the balance of the council when it somehow appeared in front of them at the dais.

Sadly, council allowed the agenda item to proceed and the new proposal to come forward.

Staff was bypassed, the public was bypassed, the balance of the council was bypassed.

The result was a tortured travesty of the public process, where staff and the public were asked to comment on a proposal they had not seen, where council asked (i.e., "bargained with") the applicant as to what he might be willing to accept, and where confusion reigned to such an extent that immediately after council decision, the swing vote said she thought she was voting on something other that what was actually before them.

The current process at Policy & Services can prevent this or a similar occurrence via a closed window beginning 5 days before staff report is released and extending through the council meeting during which applicant changes to a proposal can lead to postponement of the item and further review.

While this incident at Alma Plaza was a singular abuse of ex parte communications, it remains extremely difficult for the public to understand the value of what can be gained outside of a public hearing as compared to the loss in trust and transparency.

The Planning Commission should tread very carefully before tinkering with the current policy, and the council should strengthen its procedures, both in word and deed.

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