Council may limit its power to rehear

June Casagrande

In one of two actions aimed at Councilman Dick Nichols, the City

Council will consider Tuesday whether to limit the power of

individual council members to trump decisions of the Planning

Commission and city staff.

The council now has the authority to call any Planning Commission

decision up to reconsider the matter. The Planning Commission has the

power to do the same with decisions of the Modifications Committee or

decisions by the planning director. On Tuesday, the council could

vote to change that so that two or more council members are needed to

call up a decision.

“When you call something up before council, basically it’s a de

novo hearing. You’re rehearing the whole thing. It’s serious

business, you don’t take it lightly,” Mayor Steve Bromberg said. “My

colleague is doing this more often than I’ve ever seen happen.”

Bromberg had asked that the matter be put on Tuesday’s council

agenda because he believes that Nichols has overexercised the

privilege.

On April 22, the council reconsidered two Planning Commission

decisions at Nichols’ request. On Tuesday, the council will

reconsider the commission’s decision on a Balboa Island property.

“What they’re trying to do is keep these things from being called

up,” Nichols said.

The council will also consider what should be done about Nichols’

comments at a Planning Commission meeting last month. During a

discussion of a permit request for the home on Balboa Island, Nichols

told the commission that the city’s decision seemed so wrong that it

appeared that someone had been bribed.

Nichols has since clarified that he was referring to public

perceptions created and that he didn’t believe that anyone had

actually been bribed.

A staff report written by the city attorney called the comment

“reckless,” and the council might take further action, perhaps

drafting a resolution denouncing the comment.

* JUNE CASAGRANDE covers Newport Beach and John Wayne Airport. She

may be reached at (949) 574-4232 or by e-mail at

[email protected].