[00:00:01]
ARE YOU GUYS READY? THERE'S ONE.
[Call to Order]
THE REGULAR MEETING OF THE PLANNING COMMISSION IS CALLED TO ORDER.WE WILL NOW TAKE A MOMENT FOR SILENT UP PRAYER OR MEDITATIONS FOLLOWED BY THE PLEDGE OF ALLEGIANCE.
THE PLEDGE OF ALLEGIANCE WILL BE LED BY COMMISSIONER LEWIS.
READY? BEGIN BY PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA, AND TO THE REPUBLIC FOR WHICH IT STANDS.
ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.
ALL PLANNING COMMISSIONERS ARE PRESENT.
[ORAL COMMUNICATIONS]
ANYONE LIKE TO SPEAK ON AN ITEM THAT IS NOT ON THE AGENDA?IT'S ON THE AGENDA, BUT IT'S NOT A HEARING ITEM.
REAL QUICK, JUST HAVE A QUESTION.
UM, WITH REGARDS TO THE BROWN ACT, THERE'S BEEN CHANGES THAT HAVE TAKEN PLACE HERE AT, UH, OUR CITY HALL, SPECIFICALLY WITH OUR CITY COUNCIL, THAT DOES NOT ALLOW CERTAIN THINGS TO BE SAID AS MUCH AS I OBJECT TO THE THINGS THAT WERE OFTEN SAID AT THE MIC.
BUT I AM WONDERING WHEN THAT RULE OR FREEDOM OF IN OR FREEDOM OF SPEECH BECAME RESTRICTED TO THE POINT WHERE NOW COUNSEL COULD SAY IT'S NOT A BROWN ACT VIOLATION TO COME UP AND USE VULGARITY OR ACCUSE MS. BECERRA OR MR. LEWIS OR WHOMEVER OF SOMETHING, WHEN DID THOSE RESTRICTIONS GET APPROVED BY WHATEVER AUTHORITY THERE IS TO MAKE THOSE CHANGES? AND IF SO, CITY ATTORNEY, COULD YOU PLEASE PROVIDE ME THE A REFERENCE SO THAT I MAY LOOK UP THAT CHANGE? THANK YOU.
UM, WE HAVE NO ITEMS ON THE CONSENT CALENDAR, SO WE WILL MOVE ON TO THE PUBLIC HEARINGS.
SO WE HAVE ONE PUBLIC HEARING FOR TONIGHT, WHICH IS DIVINE SELECTIONS, AND THEN WE HAVE ONE NON-HEARING ITEMS, WHICH IS THE BROWN ACT STUDY SESSION.
[1. ADMINISTRATIVE PERMIT NO. 24-44]
BE PRESENTING THE STAFF REPORT FOR THE WINE SELECTION, WHICH IS ON LOCATION IS 41 41 SOUTH NEGA, UH, SUITE PLANNING ENTERING MOLINA RAMIREZ WILL BE PRESENTING THE STAFF REPORT FOR THIS ITEM.UM, I'LL BE PRESENTING ON, ON ADMINISTRATIVE PERMIT NUMBER 24 DASH 44 FOR 41 41 SOUTH NEAL STREET, UNIT 103 C.
UM, SO TO BEGIN, AS PART OF THE ADMINISTRATIVE PERMIT, UM, NOTICING PROCESS NOTICES WERE SENT ON JANUARY 16TH, AND ON JANUARY 20TH, WE RECEIVED A PUBLIC HEARING REQUEST.
UH, SO TO CONTINUE THE UM, ADMINISTRATIVE PERMIT IS TO ALLOW FOR THE SALE OF WINE FOR OFF SALE CONSUMPTION WITHIN AN EXISTING TENANT SPACE.
THE STORE SIZE IS 1,032 SQUARE FEET IN A SERVICE COMMERCIAL MIXED USE ZONE.
IT'S LOCATED AT THE CORNER OF EAST VALLEY BOULEVARD AND SOUTH NEAL STREET AND ITS SURROUNDING USES ARE COMMERCIAL AND RESIDENTIAL.
THIS IS A PHOTO OF THE EXISTING SITE.
THE UNIT IN QUESTION IS, UH, CIRCLED OR BOXED IN AND RED.
THIS IS THE FLOOR PLAN PROVIDED BY THE APPLICANT.
UM, THE SHADED AREAS SHOW WHERE THE ALCOHOL
[00:05:01]
WILL BE LOCATED.UM, EACH RACK IS APPROXIMATELY TWO AND A HALF SQUARE FEET, UM, AND THE STORAGE SPACE IN THE REAR IS 119 SQUARE FEET AND WILL NOT BE ACCESSIBLE TO THE PUBLIC.
THE BUSINESS WILL CONTINUE THE RETAIL OPERATIONS AND WILL HAVE ONE EMPLOYEE AT ALL TIMES.
THE BUSINESS HOURS ARE FROM WEDNESDAY TO SUNDAY FROM 11 IN THE MORNING TO SIX IN THE AFTERNOON.
AND WHILST WINE SALES WILL BE LIMITED BETWEEN THESE HOURS, THE SUBJECT SITE IS IN CENSUS TRACK NUMBER 4 0 8 1 0.41.
IT'S NOT IN AN AREA OF UNDUE CONCENTRATION.
AND THERE ARE NO CURRENT OFF SALE ALCOHOL LICENSE ISSUED WITHIN THE CENSUS TRACT, WHICH IS ALLOWS FOR THREE OFF SALE LICENSES.
THE CENSUS TRACT IS PRIMARILY RESIDENTIAL WITH A FEW COMMERCIAL LOCATIONS.
PLANNING STAFF RECOMMENDS ADOPTING RESOLUTION NUMBER 25 DASH 6 1 66, APPROVING ADMINISTRATIVE PERMIT NUMBER 24 44.
I'M HERE FOR QUESTIONS AND THE APPLICANT IS HERE AS WELL FOR ANY QUESTIONS YOU MAY HAVE.
UM, WE OPEN UP THIS TO PUBLIC HEARING.
DOES THE APPLICANT WANTS TO COME UP FIRST? IS THE APPLICANT HERE COME ON UP.
UH, SO WHAT'S THE QUESTION? I'M SORRY, WHAT'S THE QUESTION? OH, WE DON'T HAVE A QUESTION.
JUST TELL US ABOUT YOUR PROJECT OR YOUR WINE SELECTION STORE.
MY PROJECTS, OH, ACTUALLY SHE ALREADY TOLD EVERYTHING.
ALL THE THINGS IS ALREADY, I ALREADY GIVE GIVE TO THE CITY.
YOU DON'T HAVE ANYTHING TO ADD ONTO IT? YOU DON'T HAVE ANYTHING TO ADD ONTO IT, SO YOU, YOU OKAY? I'M OKAY.
UM, IN THAT CASE, UM, I DON'T HAVE ANY CARDS FOR THOSE IN FAVOR AND THOSE OPPOSED, SO DO WE HAVE ANYONE THAT WANNA SPEAK IN FAVOR OF THIS PROJECT OR THE APPLICANT? SEEING NONE, UM, THOSE WHO OPPOSE COME UP SEEING NONE.
AND I GUESS I'LL CLOSE THE PUBLIC HEARING RIGHT NOW.
SO I'M GONNA CLOSE THE PUBLIC HEARINGS AND WE'RE GONNA OPEN FOR COMMISSION DISCUSSION.
COMMISSIONER, DO YOU, DOES ANYONE HAVE ANY QUESTIONS FOR STAFF OR THE APPLICANT? I'M GONNA JUST MOTION TO ADOPT, UH, RESOLUTION NUMBER 26 DASH 6 1 6 6 APPROVING ADMINISTRATIVE USE PERMIT NUMBER 24 DASH 44.
UH, I DO HAVE ONE QUICK QUESTION FOR, UH, STAFF.
IS THERE A COST TO THE APPLICANT FOR THIS HEARING? NO, THERE IS NOT.
BECAUSE THERE SHOULDN'T BE, IT'S A WASTE OF TIME.
THANK YOU HAVE PRETTY CLEAN PRESENTATION, THANK YOU TO STAFF.
THANK YOU TO THE APPLICANT FOR GOING THROUGH THIS PROCESS.
AND SINCE THERE'S NO OBJECTIONS, I WILL SECOND THE MOTION.
UM, I'D LIKE TO ADD THAT, UM, SOMETIME IT SEEMS LIKE IT'S NOT RELEVANT TO COME OVER TO THE COMMISSION, BUT WE DON'T KNOW AND STAFF WOULDN'T KNOW BECAUSE IT MAY BE IN OUR GENERAL, UM, PLANS OR GENERAL CODE.
IT'S A PRETTY SIMPLE WINE SELECTIONS, ESPECIALLY SOMETHING DEALING WITH ALCOHOL.
SOMETIMES IT'S A CONCERN TO THE PUBLIC, TO THE GENERAL PUBLIC, WHETHER IT'S, UM, THE APPLICANT BECAUSE THE APPLICANT HAS A VESTED INTEREST IN DOING THE BUSINESS AND IT ALSO MAY AFFECT THE RESIDENT THAT'S SURROUNDING THE AREA OVER THERE AS WELL.
SO THAT'S WHY WE HAVE THIS MEETING, UM, THIS, UM, EVENING.
SO WHEN WE HAVE A MOTION, DAN, WE HAVE A SECOND.
JOANNE, CAN YOU ROLL CALL PLEASE? VICE CHAIR BE AYE.
UH, PLANNING COMMISSIONER
UM, THIS DECISION WILL BE FINAL UNLESS A WRITTEN REQUEST FOR AN APPEAL IS PRESENTED TO THE CITY COUNCIL WITHIN 10 DAYS.
[2. BROWN ACT STUDY SESSION]
WE'RE NOW MOVING TO NON-HEARING ITEMS. WE HAVE ONE THAT'S THE BROWN ACT STUDY SESSIONS.JOANNE, UM, WHO WILL BE PRESENTING THE STAFF REPORT.
THE, UM, DEPUTY CITY ATTORNEY ROSEMARY COUP WILL BE, UM, PRESENTING THE THE BROWN ACT STUDY SESSION.
[00:10:09]
GOOD EVENING COMMISSIONERS.I'M SURE THIS IS NOT A NEW TOPIC TO ALL OF YOU, UM, BUT IT IS ALWAYS GOOD TO HAVE A REFRESHER.
SO WE'RE GONNA COVER SOME OF THE, UM, BASICS AND THINGS THAT WE NEED TO KNOW.
THE BROWN ACT IS FOUND IN THE GOVERNMENT CODE 5 4 9 5 0 AND ON.
AND IT REQUIRES THAT PUBLIC AGENCY ACTIONS BE TAKEN OPENLY AND THAT THE DELIBERATIONS BE CONDUCTED OPENLY.
ALL MEETINGS OF A LEGISLATIVE BODY MUST BE OPEN AND PUBLIC EXCEPT WHEN THE BROWN ACT AUTHORIZES OTHERWISE.
SORRY, I'M TRYING TO CLICK FROM RIGHT HERE.
SO WHO IS SUBJECT TO THE BROWN ACT? UM, THE LEGISLATIVE BODY INCLUDES THE GOVERNING BODY OF A LOCAL AGENCY AND FOR THE CITY OF WEST COVINA, THAT'D BE THE CITY COUNCIL GOVERNING BODIES OF OTHER ENTITIES CREATED BY STATE OR FEDERAL STATUTE SUCCESSOR AGENCIES, DISTRICTS, JPA, ET CETERA.
UM, COMMISSIONS, COMMITTEES, BOARDS CREATED BY FORMAL ACTION OF THE GOVERNING BODY WITH DECISION MAKING OR ADVISORY POWER.
AND THAT WOULD BE THIS COMMISSION.
UM, IT ALSO, UH, THE OBLIGATION TO ADHERE TO THE BROWN ACT ALSO APPLIES TO PRIVATE CORPORATIONS THAT ARE CREATED BY LOCAL AGENCIES AND HAVE SOME DELEGATED AUTHORITY FROM THE AGENCY.
UM, IT ALSO APPLIES TO PUBLIC CORPORATIONS THAT ARE FUNDED BY THE CITY AND ALSO HAS A COUNCIL MEMBER ON THE BOARD.
OKAY, SO WHAT IS A MEETING? IT IS AN ANY CONGREGATION OF A MAJORITY OF THE MEMBERS OF THE LEGISLATIVE BODY IN THE SAME TIME AND PLACE, INCLUDING TELECONFERENCE THAT CREATES THE VIRTUAL PLACE, UM, TO HEAR AND DISCUSS AND DELIBERATE OR TAKE ACTION UPON ANY ITEM WITHIN ITS SUBJECT MATTER JURISDICTION.
AND FOR THIS BODY, IT WOULD BE ITEMS THAT COME BEFORE THE PLANNING COMMISSION PERTAINING TO LAND USE ITEMS AND THINGS WITHIN THE PURVIEW OF THIS COMMISSION.
SO WHAT IS NOT A MEETING INDIVIDUAL ONE-ON-ONE CONTACTS OR CONVERSATIONS EXCEPT FOR SOCIAL MEDIA? WE'LL GET TO THAT LATER.
UM, SO IF COUNCIL MEMBERS ONE-ON-ONE HAVE A DISCUSSION WITH EACH OTHER ON A PARTICULAR, UM, ITEM THAT AFFECTS BOTH OF THEIR DISTRICTS OR, UM, YOU KNOW, IS OF CONCERN TO BOTH, UM, COMMISSIONERS, IT'S FINE.
AS LONG AS WE DON'T GO TWO MORE THAN THAT BECAUSE WE ARE A FIVE MEMBER BODY AND IN THIS COMMISSION, THREE OUT OF FIVE WOULD CONSTITUTE MAJORITY.
EVEN IF ONE SEAT IS VACANT, IT WOULD BE THREE OUT OF FIVE QUORUM ATTENDS A, UM, SO WHEN A QUORUM OF THIS BODY ATTENDS CERTAIN CONFERENCES OR PURELY SOCIAL EVENTS, AS LONG AS NO DISCUSSION OF ISSUES, UM, THAT ARE WITHIN THE SUBJECT MATTER JURISDICTION OF THIS BODY, THAT WOULD NOT BE A VIOLATION.
IT WOULD NOT BE DEEMED A MEETING OF THIS BODY.
THE ATTENDANCE AT MEETINGS OF OTHER LEGISLATIVE BODIES, AS LONG AS NO DISCUSSION OF ISSUES THAT ARE, UM, WITHIN YOUR SUBJECT JURISDICTION, UM, WOULD NOT COUNT AS A MEETING.
SO THINGS TO BE AWARE, AWARE OF, AND BE AWARE OF, UM, INFORMAL DISCUSSIONS THAT START OFF INNOCENTLY ENOUGH.
AND IT COULD EASILY LEAD TO LONGER DISCUSSIONS AND MORE INVOLVED DISCUSSIONS THAT, UM, FOR EXAMPLE, ARE NOT HERE ON THE DAIS OR LET'S SAY, UM, THERE WERE THREE OF YOU IN THE PARKING LOT AND, YOU KNOW, YOU WERE JUST SAYING HOW, HOW ARE THINGS? AND THEN INNOCUOUS CONVERSATIONS CAN LEAD TO OTHER THINGS THAT MAY PERTAIN TO THE PLANNING COMMISSION AND MAY PERTAIN TO ITEMS THAT COME BEFORE THE COMMISSION.
IT CAN KIND OF, YOU KNOW, END UP IN TWO PROHIBITED TERRITORIES.
TELEPHONE CALLS TO DISCUSS DECISIONS IN ADVANCE, YOU DON'T WANT TO DO THAT.
SERIAL MEETINGS, THOSE ARE PROHIBITED.
REPLY ALLS AND FORWARDS ARE PARTICULARLY TROUBLESOME.
TEXT MESSAGES, MESSAGING APPS, BLOGS, NETWORKING SITES, AND SOCIAL MEDIA.
THOSE ARE ALL LITTLE RED FLAG AND THINGS TO WATCH OUT FOR.
AND WE'LL GO INTO THAT A LITTLE BIT MORE PROHIBITED SERIAL MEETINGS.
SO WHAT IS A SERIAL MEETING? NUMBER ONE, IT'S NOT ALLOWED, BUT, UM, IT IS A CHAIN OR SERIES OF COMMUNICATIONS, EACH OF WHICH INVOLVES LESS THAN A QUORUM.
SO EACH SEGMENT IS LESS THAN A QUORUM, BUT WHEN YOU TAKE 'EM ALL TOGETHER AND THE WHOLE SERIES INVOLVES A MAJORITY OR CO CONSTITUTES A CONCERTED PLAN TO ENGAGE IN COLLECTIVE DELIBERATION ON PUBLIC BUSINESS THROUGH A SERIES OF LETTERS, EMAILS, TELEPHONE CALLS THAT PASS FROM ONE MEMBER TO ANOTHER, AND IT EXCLUDES THE PUBLIC.
SO AS A BODY, UM, ANY OFFICIAL DELIBERATION, DISCUSSION, ACTIONS TAKEN MUST BE OPEN.
[00:15:02]
OKAY, SO JUST SO YOU HAVE A VISUAL IN YOUR HEAD TO KEEP IT CLEAR IN YOUR MIND OF WHAT IS NOT ALLOWED AND WHAT IS A PROHIBITED SERIAL, MEANING A DAISY CHAIN IS WHEN MEMBER A TALKS TO MEMBER B WHO TALKS TO MEMBER C AND ALL OF A SUDDEN YOU'VE GOT A LITTLE LINK BETWEEN ALL THREE OF THEM.AND AS SOON AS WE HIT THREE, WE'VE GOT A MAJORITY ON THIS BODY.
SO WE NEED TO BE EXTRA CAREFUL TO NOT HIT THAT NUMBER.
SO AGAIN, ONE-ON-ONE CONVERSATIONS ARE OKAY, BUT WHEN THAT GOES TO A THIRD MEMBER OF THE COMMISSION, THAT CAN BE A PROHIBITED SERIAL MEETING.
AND ON THE RIGHT SIDE, YOU'LL SEE AN IMAGE, AN ILLUSTRATION OF WHAT A HUB AND SPOKE TYPE OF SERIAL MEETING IS.
AND THAT IS WHEN MEMBER A IS IN THE MIDDLE.
AND DO WE HAVE OTHER MEMBERS ON THE OUTSIDE? UM, AND FOR THE PICTURE, IT'S A FERRIS WHEEL WITH LITTLE BUCKETS ON THERE.
SO EACH BUCKET ON THE OUTSIDE MAYBE IS MEMBER B, MEMBER C, MEMBER D.
SO AS SOON AS WE GET TO A QUORUM AND IT EXCLUDES THE PUBLIC, IT IS A VIOLATION OF THE BROWN ACT.
OKAY? SO EMAILS COME WITH SOME RISK, AND THIS IS, AGAIN, YOU NEED TO ABIDE BY THE BROWN ACT, WHICH IF YOU HIT REPLY ALL, IT CAN CONSTITUTE A COMMUNICATION WITH THE MAJORITY OF THE BODY, WHICH IS PROHIBITED.
SO IF YOU HAVE ANY EMAILS THAT PERHAPS MAY BE IN YOUR INBOX AND YOU'VE RECEIVED IT, PLEASE BE MINDFUL NOT TO USE THE REPLY ALL SO THAT YOU DON'T ACCIDENTALLY, UM, END UP IN A SERIAL COMMUNICATION.
USE CAUTION, UM, FOR PUBLIC RECORDS ACT USE OF YOUR PRIVATE EMAIL ACCOUNTS AND DEVICES TO DISCUSS CITY BUSINESS MAY END UP, UM, DISCLOSING PERSONAL TEXTS OR EMAILS AS PART OF THAT SCREENING PROCESS TO PRODUCE PUBLIC RECORDS.
SO IF ONCE YOU'VE GOT EVERYTHING MIXED IN, IT'S GONNA BE A LITTLE MORE WORK TO BE ABLE TO PULL THOSE PUBLIC RECORDS OUT.
SO THE BEST PRACTICE WOULD BE TO USE OFFICIAL CITY EMAIL ADDRESSES AND CITY DEVICES FOR ALL CITY BUSINESS.
UM, AND JUST KEEP IN MIND THAT EMAILS NEVER GO AWAY.
SO HERE'S AN EXAMPLE OF WHEN AN EMAIL OR TEXT CAN START OUT LEGAL UNDER THE BROWN ACT, AND IT CAN START OUT VERY INNOCUOUSLY.
I THINK WE SHOULD DO X AT THE NEXT MEETING.
ONE MEMBER SAYS THAT THAT'S OKAY.
NOW IT BECOMES A VIOLATION OF THE BROWN ACT WHEN YOU HAVE A MAJORITY THAT REPLIES IN ANY OF THE FOLLOWING WAYS.
REPLY ALL GOOD, GOOD IDEA, OR I CONCUR OR THUMBS UP, THUMBS DOWN.
UM, ANYTHING THAT SHOWS CONSENT OR, OR DISAGREEMENT.
UM, ONCE YOU HAVE A MAJORITY RESPONDING, THAT'S A SERIAL MEETING.
SO NOT JUST TEXT MESSAGES, BUT TEST TEXT MESSAGING APPS.
UM, THEY POSE THE SAME PROBLEMS REGARDING BROWN ACT AS WELL AS THE PUBLIC RECORDS ACT.
SO TO THE EXTENT POSSIBLE, USE CITY OFFICIAL EMAILS, CITY OFFICIAL DEVICES FOR ALL CITY BUSINESS LETTERS.
SO THERE'S A CASE OUT THERE THAT HAD RULED THAT A LETTER THAT WAS CIRCULATED FOR THE ENTIRE BODY'S SIGNATURE CONSTITUTED A SERIAL COMMUNICATION.
AND, UM, IF IT HAD NOT BEEN DECIDED UPON ON THE DAIS, DISCUSSED AND VOTED UPON IN, IN OPEN SESSION, AND THEN AGREED THAT IT WOULD JUST SIMPLY CIRCULATE FOR SIGNATURE, IF THAT DECISION WAS NOT MADE ON IN THE OPEN SESSION, THAT COULD BE A VIOLATION OF THE BROWN ACT.
SO IF IT WAS JUST A LETTER IN A VACUUM JUST CIRCULATING FOR SIGNATURE WITHOUT HAVING A MEETING, UM, WITH THE ITEM ON AN AGENDA, THAT COULD BE A VIOLATION.
LOTS OF THINGS TO WATCH OUT FOR.
OKAY, SO WHAT IS OPEN AND PUBLIC? WHAT WHAT DOES IT MEAN IN, IN THE CONTEXT OF THE BROWN ACT? THIS MEANS THAT THE PUBLIC HAS A RIGHT TO ATTEND.
IT MEANS THAT THE PUBLIC HAS A RIGHT TO PARTICIPATE IN THE MEETING AND A MEANINGFUL AGENDA MUST BE POSTED IN ADVANCE OF THE MEETING.
SO PRETTY MUCH ALL MEETINGS NEED TO BE PRECEDED BY A POSTED AGENDA.
DISCUSSION AND ACTION IS LIMITED TO ITEMS PUBLISHED ON THAT ID AGENDA THAT IS POSTED AND PUBLISHED ONLINE.
SO DISCUSSIONS THAT ARE OUTSIDE OF NOTICED MEETINGS BY A MAJORITY OF THE MEMBERS ABOUT AN ITEM OF BUSINESS WITHIN THE SUBJECT MATTER JURISDICTION OF THIS BODY IS PROHIBITED.
SO WHAT DOES PUBLIC ACCESS AND PARTICIPATION MEAN? THE PUBLIC HAS A RIGHT TO ATTEND, OBSERVE, AND PARTICIPATE IN THE MEETINGS.
THE MEMBERS OF THE PUBLIC CANNOT BE REQUIRED TO REGISTER THEIR NAMES OR ADDRESS TO PROVIDE, YOU KNOW, UH, OR PROVIDE OTHER IDENTIFYING INFORMATION, UM, BEFORE THEY ARE GIVING PUBLIC COMMENT.
HOWEVER, IT, IT DOES MAKE IT SOMETIMES DIFFICULT OR IMPOSSIBLE TO RESPOND TO THE SPEAKER.
SO, UM, THAT'S SOMETHING THAT YOU KNOW, THAT THE SPEAKER CAN BE MADE AWARE.
UM, IF YOU HAVE SOMETHING THAT YOU WANT FOLLOW UP ON, THE CITY NEEDS TO BE ABLE TO HAVE, HAVE A WAY TO CONTACT, UM, THE SPEAKER.
SO THAT COULD BE A REQUEST, BUT NOT A REQUIREMENT.
ALL ACTIONS TAKEN BY THE BOARD MUST BE AN OPEN SESSION UNLESS A CLOSED SESSION IS AUTHORIZED, AND THOSE ARE AUTHORIZED
[00:20:01]
SPECIFICALLY BY STATUTE.SO GOVERNMENT CODE HAS SPECIFIC SECTIONS AND SUBDIVISIONS THAT ALLOW VERY SPECIFIC ITEMS TO GO TO CLOSED SESSION.
UM, AND THIS MORE OFTEN PERTAINS TO THE CITY COUNCIL BECAUSE THEY DO HAVE CLOSED SESSION ON, ON A VARIETY OF ITEMS THAT DON'T END UP WITHIN THE SUBJECT MATTER JURISDICTION OF THE PLANNING COMMISSION.
BUT JUST SO THAT, YOU KNOW, ALL CLOSED SESSION ITEMS HAVE A SPECIFIC STATUTE THAT ALLOWS IT.
SO TIMED PUBLIC COMMENT ON SPECIFIC ITEMS, UM, ON THE AGENDA ARE ALLOWED.
AND I BELIEVE THIS BODY ALSO HAS A TIMED, UM, AMOUNT OF TIME THAT EACH SPEAKER CAN, CAN, UM, COME UP TO THE PODIUM AND SPEAK THEIR PIECE.
UM, IT AROU ALLOWS FOR A REASONABLE AMOUNT OF TIME, TIME PER AGENDA ITEM.
SO SOMETIMES WHEN THERE ARE TOO MANY SPEAKERS, UM, THAT TIME CAN BE ADJUSTED.
AND AGAIN, IT'S TIME PLACED MANNER TYPE OF RESTRICTION, NOT CONTENT.
UM, AND DURING THE GENERAL PUBLIC COMMENT, THE PUBLIC CAN SPEAK ON ITEMS THAT ARE NOT ON THAT AGENDA, BUT MUST BE LIMITED TO THE MATTERS THAT ARE WITHIN THE SUBJECT MATTER JURISDICTION OF THIS BODY.
OTHERWISE, IT IS NOT APPROPRIATE FOR THIS, UM, FORUM.
SO GENERAL TIMED, UM, PUBLIC COMMENT PERIOD, AND THEN SPECIFIC ITEMS. AGAIN, WHEN THOSE ITEMS THAT ARE ON THE AGENDA COME UP, THE PUBLIC HAS A RIGHT TO SPEAK ON THOSE ITEMS. UM, AND BEFORE THIS COMMISSION MAKES A DECISION.
SO JUST LIKE THIS EUP BEFORE US, THERE'S PUB.
IF IT'S A PUBLIC HEARING, IT WOULD BE A PUBLIC HEARING VERSUS A REGULAR NON-PUBLIC HEARING OPEN MEETING ITEM, WHICH ARE TWO DIFFERENT THINGS.
YOU STILL HAVE IT ON THE AGENDA AND YOU STILL HAVE OPEN DISCUSSION ABOUT IT, AND THE PUBLIC CAN STILL COMMENT ON THAT BEFORE A DECISION IS MADE.
SO FOR SIMULTANEOUSLY BROADCAST LIVE OR SOME, UM, THIRD PARTY SOFTWARE MAY HAVE SOME LAG, UM, FOR WHAT'S VIEWED ONLINE OR AT HOME.
AND, UM, I KNOW THAT FOR US, I DON'T THINK WE HAVE LIKE A LIVE TELEPHONE LINE OR ANYTHING LIKE THAT.
BUT IN THE EVENT THAT, UM, THERE IS A LIVE TELEPHONE CALL IN KIND OF SITUATION, EACH SPEAKER MUST BE ALLOWED ENOUGH TIME TO SEE THE NUMBER, SEE WHAT ITEM IS DISCUSSED, AND CALL IN AND ACCOUNT FOR THAT LAG.
OKAY? UM, FOR EACH OF THESE MEETINGS, A DA ACCESSIBILITY IS REQUIRED AND WE, UM, AS A CITY, AS AN AGENCY, WE COMPLY WITH THE A DA AND ENSURING ACCESSIBILITY FOR INDIVIDUALS WITH DISABILITIES INCLUDES ALLOWING REMOTE PARTICIPATION BY MEMBERS OF THE PUBLIC.
AND, UM, THAT IS DEEMED A REASONABLE ACCOMMODATION FOR SOME FOLKS WHO NEED TO GET TRANSLATION AND THEY LET YOU KNOW IN ADVANCE.
AND WE ARE ABLE TO DO THAT TO THAT EXTENT THAT'S, UM, AVAILABLE.
I KNOW MANY, UM, BROADCASTS HAVE BUILT IN ABILITIES TO PROVIDE SUBTITLES AND TRANSLATIONS.
THOSE ARE ALL THINGS THAT ARE, UM, LOOKED, LOOKED FAVORABLY UPON BECAUSE IT ALL ALLOWS FOR GREATER PARTICIPATION BY THE PUBLIC AND ALSO COMPLIES WITH THE AMERICANS WITH DISABILITIES ACT.
SO ALL PUBLIC MEETINGS MUST TAKE PLACE IN LOCATIONS THAT ARE ACCESSIBLE TO ALL PERSONS WITH DISABILITIES, BUT ALL PARTS OF THE BUILDING DO NOT NEED TO BE ACCESSIBLE.
BUT THE, THE MEETING SHOULD BE ACCESSIBLE TO THE PUBLIC, UM, THAT HAS SPECIAL NEEDS.
OKAY, SO FOR TRANSLATORS, IF THE LEGISLATIVE BODY HAS SET LIMITS ON PUBLIC COMMENT, A SPEAKER WHO NEEDS A, UM, THE ASSISTANCE OF A TRANSLATOR, THAT TIME WILL BE DOUBLED TO ALLOW FOR THAT TRANSLATION TIME.
UM, IF THERE IS NO TIME LIMIT ON PUBLIC COMMENT, THEN UM, THE BODY IS NOT NECESSARILY REQUIRED TO.
UM, ACTUALLY FOR FOR TIMED PUBLIC COMMENT, WE PROVIDE DOUBLE.
IF THERE'S SIMULTANEOUS TRANSLATION FOR IN-EAR TECHNOLOGY AIDED, UM, SIMULTANEOUS, UM, TRANSLATION, THEN UM, THE TIME DOES NOT NEED TO BE DOUBLED.
SO AS LONG AS THERE'S NO DELAY AND THERE'S NO LAG BETWEEN THE PERSON SPEAKING AND THE COMMISSION HEARING, OR OTHERS IN THE AUDIENCE WHO ARE HEARING THE TRANSLATED VERSION, IF IT'S SIMULTANEOUS LIVE TRANSLATION, THEN THE, THEY DON'T GET ANY ADDITIONAL TIME TO SPEAK.
BUT THAT'S SOMETHING TO BE COGNIZANT OF.
OKAY, SO WHAT IS A VIOLATION? VIOLATION IS WHEN A TOPIC IS DISCUSSED AND THE TOPIC IS WITHIN THE SUBJECT MATTER JURISDICTION OF THIS BODY, LAND USE, PLANNING, COMMISSION, ZONING, ALL THE FUN STUFF THAT, THAT COMES BEFORE THIS COMMISSION.
SO WITHIN THAT TOPIC AREA, A MAJORITY OF THE MEMBERS OF THIS BODY PARTICIPATE, WHICH EQUATES TO HOLDING A MEETING AND THE BROWN ACT IS NOT FOLLOWED.
SO WHAT IS A VIOLATION? IT IS DISCUSSIONS OUTSIDE OF NOTICE MEETINGS BY A MAJORITY OF MEMBERS ABOUT AN ITEM OF BUSINESS THAT IS WITHIN THE SUBJECT MATTER JURISDICTION OF THIS BODY.
AND THAT IS PROHIBITED, THANKS TO AVOID.
AVOID USING PERSONAL ACCOUNTS DEVICES FOR CITY
[00:25:01]
BUSINESS.UM, DO USE OFFICIAL CITY EMAILS IF YOU HAVE IT.
DO USE OFFICIAL CITY OWNED DEVICES IF PROVIDED.
UM, AND WHEN YOU ARE ASKED FOR PUBLIC RECORDS, SEARCH YOUR PERSONAL DEVICES AND ACCOUNTS AS WELL.
IF YOU DO, USE THEM FOR CITY BUSINESS TO MAKE SURE THAT YOU ARE COMPLIANT, COMPLIANT WITH THE, UM, PUBLIC RECORDS REQUESTS ACT.
OKAY? THINGS TO AVOID, AVOID, UM, SENDING OR RECEIVING TEXTS OR EMAILS TO AND FROM THE PUBLIC DURING MEETINGS TO AND FROM MEMBERS OF THE BODY DURING MEETINGS, OR IF YOU HAVE A CONFLICT OF INTEREST.
AND LIKE OF COURSE, UM, AS PART OF YOUR ETHICS TRAINING THAT YOU DO EVERY TWO YEARS AT THE ETHICS.
UM, THE AB 1, 2, 3, 4 TRAINING SAYS THAT IF YOU DO HAVE A CONFLICT, YOU DISCLOSE IT AHEAD OF TIME SO THAT ON WHEN, WHEN THAT ITEM COMES BEFORE THE COMMISSION OR THE REMAINING MEMBERS OF THE COMMISSION, UM, THE COMMUNICATION SHOULD NOT BE HAPPENING DURING THAT TIME.
OKAY, SO THERE'S A SAYING THAT DANCE LIKE NO ONE IS WATCHING, BUT WHEN IT COMES TO EMAILS AND TEXTS AND CITY COMMUNICATIONS, REMEMBER THAT EMAIL TEXTS AND POSTS ON SOCIAL MEDIA, UM, DON'T REALLY EVER GO AWAY, BUT YOU SHOULD ALWAYS TREAT IT LIKE IT WILL BE READ ALOUD ONE DAY IN A DEPOSITION OR TRIAL.
SO JUST KEEP THAT IN MIND THAT YOU WANT TO HAVE THE CONTENT BE CLEAN AND PREPARE TO HAVE IT READ IN FRONT OF A, IN A DEPOSITION OR TRIAL IN FRONT OF A JURY OR JUDGE, OKAY? UH, FOR SOCIAL MEDIA, KEEP IN MIND, UM, IF YOU HAVE SOCIAL MEDIA ACCOUNTS FOR YOUR CONSTITUENTS TO REACH OUT TO YOU AND TO COMMUNICATE WITH YOU, PLEASE KEEP IN MIND THAT, UM, FOR THE OFFICIAL ACCOUNTS, YOU CANNOT BLOCK COMMENTS.
NOW, THERE IS CASE LAW THAT DISTINGUISHES WHEN IT'S AN OFFICIAL ACCOUNT AND WHEN IT'S A PERSONAL ACCOUNT, YOU ARE ALLOWED TO HAVE PERSONAL LIVES.
BUT THERE ARE SPECIFIC RULES ON WHEN A PERSONAL ACCOUNT IS DESIGNATED AS SUCH.
AND WHEN AN OFFICIAL ONE IS USED IN THE OFFICIAL, UM, CAPACITY.
SO IF THERE IS ACTUAL AUTHORITY TO SPEAK ON THE AGENCY'S BEHALF AND THE POSTS AND THE USER, THE ACCOUNT HOLDER PURPORTS THE EXERCISE THAT AUTHORITY WHEN POSTING, THEN IT IS DEEMED TO BE USED IN THE OFFICIAL CAPACITY.
SO IT'S, EVEN IF IT IS ON YOUR PERSONAL ACCOUNT, IF THE POSTS ARE SPECIFICALLY, UM, PURPORTING TO EX EXERCISE AUTHORITY AND THE POSTER HAS THE AUTHORITY TO SPEAK ON BEHALF OF THE, THE COMMISSION OR THE CITY, THEN IT IS DEEMED AN OFFICIAL ONE.
IF YOU HAVE FURTHER SPECIFIC, UM, QUESTIONS ABOUT A PARTICULAR PAGE OR SOCIAL MEDIA ACCOUNT, UM, FEEL FREE TO ASK THE QUESTIONS ONE-ON-ONE IF YOU HAVE THINGS THAT POP UP HERE AND THERE.
UM, IT'S NOT ALL THE TIME THAT YOU MIGHT HAVE QUESTIONS, BUT WE'RE HERE TO ASSIST, UM, TO AVOID ANY TRAPS IN THAT REGARD.
OKAY? SO WHEN IT COMES TO BROWN ACT COMPLIANCE BY COMMISSIONERS OF OFFICIALS ELECTED, UM, COUNCIL MEMBERS, THINGS NOT TO DO.
SO THERE'S THESE EMOJIS THAT WE ARE VERY FAMILIAR WITH, SMILEY FACES, THUMBS UP, THUMBS DOWN HEARTS, ALL THOSE REACTION EMOJIS, UM, THOSE ARE NOT ALLOWED, UM, FOR A MEMBER OF THIS COMMISSION TO RESPOND TO ANOTHER COMMISSIONER'S POST IS NOT ALLOWED BY THE BROWN ACT REPOSTING, FORWARDING OR SHARING TREADS INTO VERY DANGEROUS TERRITORY BECAUSE THEN AT THAT POINT IT IS LIKE YOU ARE SPEAKING ALSO.
SO IT BECOMES LIKE A CONCURRENCE, RIGHT? SO YOU DON'T WANT THAT TO BE, UM, YOU DON'T WANT TO HAVE A REPOST FORWARD OR SHARE TO BE YOUR RESPONSE, RIGHT? SO YOU DON'T WANNA RESPOND ON, ON SOCIAL MEDIA.
SO YOU MAY COMMUNICATE ON AN INTERNET BASED SOCIAL MEDIA PLATFORM WITH THE PUBLIC.
SO IF YOU HAVE A MEMBER OF YOUR, OF YOUR, UM, CONSTITUENCY THAT REACHES OUT TO YOU, UM, THROUGH SOCIAL MEDIA, YOU ARE ALLOWED TO INTERACT WITH THEM.
IT'S WITH OTHER COMMISSION MEMBERS THAT YOU HAVE TO BE EXTRA, EXTRA CAREFUL OF.
UM, AND IF IT'S A POST OR COMMENT, UM, LET'S SAY ONE COMMISSIONER HAS A POST AND A MEMBER OF THE PUBLIC COMMENTS ON IT AND ANOTHER COMMISSIONER LIKES OR RESPONDS TO THAT, THAT'S WHEN WE'VE GOT, UM, A VIOLATION WHERE YOU'RE RESPONDING TO THINGS LIKE THAT.
SO I WOULD SAY IF YOU HAVE ANY QUESTIONS, FEEL FREE TO ASK BEFORE YOU HIT A BUTTON AND, AND LIKE, OR DISLIKE.
OKAY? UM, YOU ARE ABLE TO ANSWER QUESTIONS, PROVIDE INFORMATION, OR SOLICIT INFORMATION FROM THE PUBLIC THAT IS ALLOWED UNDER THE BROWN ACT.
SO IF AS LONG AS YOU'RE INTERACTING WITH THE PUBLIC, YOU ARE ALLOWED TO DO THAT.
THE RECOMMENDATION HERE IS AT THE BOTTOM THERE IT SAYS, RECOMMEND DIRECTING TO THE CITY WEBSITE FOR PUBLIC INFORMATION FOR CONSISTENCY OF MESSAGING.
SO IF ANYONE IS ASKING, OH, I KNOW C IS HAVING THIS PARTICULAR EVENT COMING UP, UM, CAN
[00:30:01]
YOU GIMME MORE INFORMATION ABOUT THIS, THAT AND THE OTHER, IT'S ALWAYS SAFER TO REFER THEM TO THE OFFICIAL CITY WEBSITE THAT CONTAINS THAT INFORMATION SO THAT YOU'RE NOT IN ERROR, UM, ACCIDENTALLY GIVING WRONG INFORMATION OR, UM, OR INAPPROPRIATELY RESPONDING, UM, TO ANOTHER COUNCIL MEMBER'S POST OR THINGS LIKE THAT.SO ALWAYS REFER BACK TO THE C CITY WEBSITE AND OFFICIAL MESSAGING.
OKAY? AGENDA POSTING AND PUBLICATION STAFF ASSISTS.
UM, WITH ALL OF THIS, EVERY MEETING, UM, FOR A REGULAR MEETING OR ADJOURNED REGULAR MEETING, THE TIMEFRAME FOR AGENDA POSTING AND PUBLICATION IS 72 HOURS BEFORE THE DATE AND TIME OF THE MEETING.
AND FOR SPECIAL MEETING, IT'S 24 HOURS.
AND AS I SAID BEFORE, EVERY MEETING MUST BE PRECEDED BY A POSTED AGENDA, UM, AT LEAST 24 HOURS FOR DATE AND TIME OF MEETING, UM, FOR A REGULAR MEETING AND 24 HOURS FOR A SPECIAL MEETING.
THE AGENDA MUST CONTAIN THE DATE AND TIME OF THE MEETING, THE LOCATION OF THE MEETING OR LOCATIONS IF IT'S GOING TO BE REMOTE OR TELECONFERENCED, AND A BRIEF DESCRIPTION OF EACH ITEM TO BE DISCUSSED AT THE MEETING.
SO THE AGENDA GENERALLY HAS TO HAVE ENOUGH DETAIL ABOUT THE ITEM BEING DISCUSSED TO INFORM THE PUBLIC OF THE MEETING AND WHAT IS GOING TO BE DISCUSSED.
SO THE BROWN ACT HAS A FEW NO-NOS AND THOSE ARE SECRET BALLOTS.
ALL VOTES ARE PUBLIC, UM, NO ACTION ON THE ITEM, ON AN ITEM THAT IS NOT POSTED ON THE AGENDA.
AND NO SPEECH, NO SPECIAL MEETINGS ARE ALLOWED FOR DISCUSSIONS OF EXECUTIVE SALARIES, SALARIES, SCHEDULES, COMPENSATIONS, INFRINGE BENEFITS.
AGAIN, THIS WAS MOSTLY PERTAINING TO THE CITY COUNCIL AND NOT THE PLANNING COMMISSION.
OKAY? SPECIFIC EXEMPTIONS ALLOWED BY STATUTE.
OKAY? SO WHEN THERE IS AN EMERGENCY, AND THIS AGAIN PROBABLY WILL PERTAIN MORE TO THE CITY COUNCIL, BUT WHEN THERE IS A STATUTORILY DEFINED EMERGENCY, THERE ARE SOME, UM, RULES THAT ARE RELAXED SO THAT THE GOVERNMENT CAN CONTINUE TO FUNCTION.
UM, IF THERE'S A NEED FOR IMMEDIATE ACTION THAT REQUIRES A SUPER MAJORITY VOTE, UM, BRIEF RESPONSES TO QUESTIONS AND COMMENTS FROM THE PUBLIC, IF AT ALL.
AND I SAY IF AT ALL, BECAUSE SOMETIMES, UM, IF ON THE SPOT, UM, YOU'RE TRYING TO ANSWER AND YOU DON'T HAVE THAT INFORMATION, YOU CAN JUST REQUEST THAT THAT ITEM BE FOLLOWED UP BY STAFF.
UM, THERE IS NO REQUIREMENT THAT EACH COMMISSIONER NEED TO ADDRESS THE ITEMS FROM THE DAIS AS THE COMMENTS COME IN.
BUT IT IS ALLOWED IN BRIEF COMMENTS OR BRIEF RESPONSES TO SAY, YOU KNOW, STAFF WILL FOLLOW UP WITH YOU, PLEASE CONTACT SO AND SO.
SO TO GIVE THAT INFORMATION IS OKAY FROM THE DS.
OKAY? AND REQUESTS TO AGENDIZE ITEMS FOR A FUTURE MEETING, THAT'S OKAY TOO.
SO, OKAY, CLOSED SESSION, WHICH DOESN'T REALLY APPLY AS MUCH HERE, BUT IT HAS TO BE ALLOWED BY STATUTE.
UM, SECTIONS HAVE TO BE CITED AND CONFIDENTIALLY MUST CONFIDENTIALITY MUST BE STRICTLY, UH, MAINTAINED.
OKAY? SO GOVERNMENT CODE 5 4 9 5 3 ALLOWS FOR TELECONFERENCING.
IT HAD BEEN ALLOWED BEFORE COVID, I KNOW WE DEFINITELY USED IT DURING COVID AND DURING COVID THEY HAD MORE RELAXED RULES, UM, REGARDING BROWN ACT AND PARTICIPATING.
UM, IN MEETINGS, UM, IN 2023 THERE WERE NEW RULES THAT CAME INTO EFFECT REGARDING REMOTE ACCESS AND UM, FOR INDIVIDUAL MEMBERS TO APPEAR AND ATTEND REMOTELY.
FAMILY EMERGENCIES OR JUST CAUSE IS PERMITTED WHENEVER THE NEED ARISES AND FOR DURING, UM, EMERGENCIES AND THOSE ARE DECLARED EMERGENCIES.
SO FOR INDIVIDUAL REMOTE PARTICIPATION BY A MEMBER, AN EMERGENCY IS A PHYSICAL OR FAMILY MEDICAL EMERGENCY THAT PREVENTS A MEMBER FROM A ATTENDING IN PERSON SICK CHILD AT HOME.
YOU CAN'T LEAVE THEM ALONE WHILE THEY HAVE A FEVER AND THEY'RE VERY ILL.
TOTALLY MAKES SENSE, RIGHT? JUST LET US KNOW IN ADVANCE.
JUST CAUSE IS LIMITED TO CAREGIVING RESPONSIBILITIES, ILLNESS, PHYSICAL OR MENTAL DISABILITY OR TRAVEL DUE TO BUSINESS.
SO IN THE EVENT THAT YOU ARE OFF AT A CONFERENCE AND UNABLE TO ATTEND IN PERSON BUT WISH TO ATTEND REMOTELY, THAT IS ONE OF THE JUST CAUSE REASONS TO, UM, ATTEND A MEETING, UM, REMOTELY.
NOW, UM, THE STATUTE HAS SPECIFIC REQUIREMENTS.
THE, UH, MEMBER THAT IS ATTENDING REMOTELY MUST HAVE AUDIO AND VIDEO.
THERE MUST BE, UM, STILL THE ABILITY TO PARTICIPATE IN, IN REAL TIME BY THE PUBLIC.
UM, AND THERE'S ALSO LIMITS AS TO HOW MANY TIMES AND HOW MANY MEETINGS CAN BE ATTENDED REMOTELY.
AND FOR A BODY SUCH AS THIS PLANNING COMMISSION THAT MEETS TWICE A MONTH, IT WILL BE THAT SECOND BULLET DOWN.
SO IT'S FIVE MEETINGS PER YEAR MAXIMUM THAT A MEMBER CAN ATTEND REMOTELY FIVE MEETINGS OUT OF THE YEAR.
[00:35:06]
SO ALTHOUGH REMOTE PUBLIC ACCESS IS ALLOWED, REMOTE PARTICIPATION BY MEMBERS IS ALLOWED.UM, THE RULES FOR PROTECTING STATUTORY AND CONSTITUTIONAL RIGHTS TO SPEAK, PARTICIPATE.
UM, IT'S, WE, WE ALL PRESERVE THAT.
SO AGAIN, UM, THERE IS THE FIRST AMENDMENT RIGHT TO SPEECH FREE SPEECH AND ACCESSIBILITY THAT WE KEEP IN MIND NO ACTIONS TAKEN ON ANY ITEMS DURING A DISRUPTION THAT IS WITHIN THE CONTROL OF THE BODY.
UM, SO IF WE ARE BROADCASTING AND IT IS WITHIN THE CITY'S CONTROL AND THE BROADCAST CUTS OUT, WE GO TO RECESS AND SEE IF IT CAN BE RESTORED FOR THE VIEWERS AT HOME.
AND IF IT CANNOT BE, THEN NO, A FURTHER ACTION IS TAKEN AND THE MEETING IS ADJOURNED UNTIL THAT SERVICE CAN BE RESTORED.
UM, AND I MENTIONED THIS BEFORE THE LAST BULLET IS THE ABILITY FOR THE PUBLIC TO PARTICIPATE IN REAL TIME.
SO, UM, LIVE FEEDBACK AND LIVE COMMENTS BY THE PUBLIC ON ITEMS THAT ARE BEING DISCUSSED, UM, MUST BE ALLOWED.
ALL VOTES MUST BE BY ROLL CALL FOR REMOTE MEETINGS.
WE DO THAT ANYWAY, SO IT'S NOT REALLY ANYTHING DIFFERENT.
UM, AGENDA, PUBLICATION OF DATE AND ALL LOCATIONS AND THE TIME OF THE MEETING AND THE AGENDA MUST BE POSTED AT ALL LOCATIONS.
ONE CAVEAT IS SINCE THIS IS A FIVE MEMBER BODY, WE CANNOT HAVE THREE MEMBERS FOR THE SAME MEETING, UM, ATTEND REMOTELY EXCEPT FOR IF THEY ARE MEETING FROM WITHIN THE JURISDICTION.
THE QUORUM OF THE BODY HAS TO STILL BE WITHIN THE LIMITS OF THE CITY OF WEST COVINA.
OKAY? AND IF THE ONLINE PLATFORM IS NOT UNDER THE CONTROL OF THE CITY, AND IF IT'S RUN BY A THIRD PARTY COMPANY, THAT PROVIDES THE SUPPORT FOR US TO BE ABLE TO BROADCAST AND TAKE COMMENTS LIVE.
UM, THAT PLATFORM MAY HAVE A REGISTRATION PROCESS, UM, FOR THE PUBLIC TO GIVE COMMENT, UM, WHICH KIND OF RUNS HEAD TO HEAD A LITTLE BIT WHEN WE ARE NOT ALLOWED TO REQUIRE A SPEAKER TO PROVIDE NAME AND ADDRESS AND PERSONAL INFORMATION.
THE BROWN ACT DOES TAKE THAT INTO CONSIDERATION THAT SOME PLATFORMS MAY REQUIRE, UM, COMMENTERS TO REGISTER TO USE THEIR SOFTWARE DISRUPTIONS DURING MEETINGS.
WE HAVE, UM, SOME BROWN ACT RULES THAT WE NEED TO KEEP IN MIND FOR DISRUPTIVE PARTICIPANTS.
DISRUPTIONS ARE GOVERNED BY THE BROWN ACT AND ANY APPLICABLE MEETING RULES IF THEY SUPPLEMENT THE BROWN ACT.
SO IN CERTAIN CASES, SOME CITIES HAVE CHARTERS, SOME HAVE STANDING RULES, UH, MEETING RULES, HEARING RULES, BYLAWS, ET CETERA, THAT WILL, UM, DICTATE CERTAIN SPECIFIC ASPECTS OF THE MEETING.
SO THOSE AS LONG AS THEY SUPPLEMENT AND NOT, UM, TRY TO RUN HEAD TO HEAD WITH THE BROWN ACT.
'CAUSE THE BROWN ACT DOES, UM, PREEMPT THAT.
SO AS LONG AS THEY ARE SUPPORTING THE BROWN ACT, WE KEEP THAT IN MIND.
SO, UM, ANY PERSON CAN BE REMOVED FROM A PUBLIC MEETING IF THEY ARE DISRUPTING THE PROCEEDINGS.
AND I HAVE DISRUPTING IN QUOTES BECAUSE IT'S SPECIFICALLY DEFINED IN THE STATUTE.
SO IF A PERSON IS DISRUPTING THE PROCEEDINGS OR MAKING TRUE THREATS, UM, THEY MAY BE REMOVED.
DISRUPTING MEANS ENGAGING IN BEHAVIOR THAT ACTUALLY DISRUPTS, DISTURBS, IMPEDES OR RENDERS INFEASIBLE MEANING MAKES IMPOSSIBLE TO ORDERLY CONDUCT THE MEETING, THE BUSINESS OF THE PLANNING COMMISSION OF THE CITY OF WEST COVINA BEFORE A PERSON IS REMOVED FOR DISRUPTION.
AND THIS IS NOT COUNTING ACTUAL VIOLENCE OR ACTUAL THREAT, UM, OF VIOLENCE BEFORE A PERSON CAN BE REMOVED FOR DISRUPTION, THE BODY MUST GIVE A WARNING TO THE PERSON THAT THEIR BEHAVIOR OR ACTIONS ARE INTERRUPTING THE MEETING.
IF THEY CONTINUE WITH THE DISRUPTIVE BEHAVIOR, THE PERSON MAY BE REMOVED FROM THE MEETING AT THE DIRECTION OF THE CHAIR.
A WARNING IS NOT REQUIRED IF THE SPEAKER ENGAGES IN BEHAVIOR THAT CONSTITUTES USE OF FORCE VIOLENCE OR A TRUE THREAT OF FORCE.
SO WE HAVE SOME BEST PRACTICES HERE.
ALLOW THE PUBLIC TO FREELY SPEAK DURING THEIR ALLOTTED TIME AS LONG AS IT IS NOT COMPLETELY DISRUPTIVE AND AS LONG AS IT IS WITHIN THE SUBJECT MATTER JURISDICTION OF THIS BODY.
SO THIS IS A LIMITED PUBLIC FORM, SO IT WOULD HAVE TO BE RELATED TO THE BUSINESS OF THIS BODY.
OKAY, SO ONE OF THE, UM, KEY THINGS TO KEEP IN MIND HERE IS THAT THE FIRST AMENDMENT DOES APPLY AND WE OBSERVE THE FIRST AMENDMENT RIGHT TO FREE SPEECH, EVEN IF IT IS PERSONALLY OFFENSIVE.
IT IS, IF IT DOES NOT FALL WITHIN THE US SUPREME COURT'S SPECIFICALLY CARVED OUT, UM, ITEMS THAT THEY HAVE DEFINED TO NOT BE FREE SPEECH, NOT BE PROTECTED SPEECH.
UM, WE DO ALLOW THE SPEAKERS TO CONTINUE TO USE THEIR TIME.
UM, THE BEST PRACTICE IS ESSENTIALLY TO NOT GET PULLED INTO THE BACK AND FORTH AND BACK AND FORTH DIALOGUE BECAUSE THEN
[00:40:01]
IT TURNS INTO A DISCUSSION AND IF IT ENDS UP A DISCUSSION AND IT'S NOT AN ITEM ON THE AGENDA, THEN THE BODY MAY RUN, RUN AFOUL OF THE BROWN ACT AND WE DON'T WANT TO END UP IN THAT SITUATION.SO AVOIDING IT, UM, AVOIDING ENGAGING IN DISCUSSION, WHICH COULD PULL YOU OFF TOPIC AND THE BEST WAY TO GO IS THANK YOU, NEXT SPEAKER.
OKAY, THE LAST PIECE IS THE CONSEQUENCES OF BROWN ACT VIOLATIONS.
AND HOPEFULLY THE LITTLE VISUALS ARE A LITTLE BIT EASIER TO REMEMBER.
UM, CRIMINAL PROSECUTIONS BY THE DA FOR INTENTIONAL VIOLATIONS UP TO SIX MONTHS IN JAIL AND A THOUSAND DOLLARS FINE IF THERE IS AN INTENT TO DEPRIVE THE PUBLIC OF, UM, INFORMATION AND ACCESS.
UM, CIVIL LAWSUITS ARE ALSO AN A POSSIBILITY AND THERE CAN BE LAWSUITS IN COURT FOR INJUNCTIONS AS WELL AS DECLARATORY RELIEF.
AND, UM, THE COMMISSIONERS AND THE CITY CAN BE SUED BY ANY INTERESTED PARTY.
UM, AND I BELIEVE THAT IS LISTED IN THE, UM, GOVERNMENT CODE AS WELL.
ALSO, THE DECISION OR THE ACTION TAKEN BY THE BODY CAN BE NULLIFIED, SO WHATEVER ACTION WAS TAKEN CAN BE UNDONE BY THE COURTS.
AND THERE ALSO IS THE INTENSE NEGATIVE MEDIA ATTENTION AS WELL.
SO THAT IS SOMETHING THAT IS NOT NECESSARILY A, A LEGAL ACTION, BUT IT IS DEFINITELY A NEGATIVE CONSEQUENCE.
SO IF YOU HAVE ANY QUESTIONS OR IF YOU HAVE SPECIFIC UNIQUE SITUATIONS TO YOU, AGAIN, LIKE SOCIAL MEDIA, THINGS THAT DO POP UP HERE AND THERE THAT ARE NOT NECESSARILY COVERED BY THE GENERAL, UM, OVERVIEW THAT WE WENT THROUGH TODAY AND YOU HAVE SPECIFIC QUESTIONS, FEEL FREE TO REACH OUT TO US ANYTIME LEGAL IS HERE TO ASSIST HOPEFULLY BEFORE ANY PROBLEM BRUISE.
UM, IF THERE'S ANY SORT OF, UM, THINGS THAT MIGHT SHOW UP IN INTERACTIONS WITH THE PUBLIC AS FAR AS EMAIL OR SOCIAL, ESPECIALLY SOCIAL MEDIA, I THINK THAT'S A BIG AREA THAT IT EVOLVES VERY QUICKLY.
SO I KNOW THAT RECENTLY, YOU KNOW, IN MY BROWN ACT TYPE, UM, QUESTIONS THAT I HAVE GOTTEN SEVERAL ARE SOCIAL MEDIA RELATED.
SO IF YOU DO HAVE ANY QUESTIONS, OUR OFFICE IS HERE TO ASSIST YOU.
UM, AND IF YOU EVER WANT A ONE-ON-ONE MORE DETAILED, MUCH LONGER
ANY QUESTIONS OR ANYTHING THAT NEEDS FURTHER EXPLANATION? I KNOW THIS IS NOT NEW TO YOU, SO I CALLED IT A REFRESHER.
I I HAVE JUST A COUPLE QUICK QUESTIONS.
UM, WITH REGARD TO, UM, WHAT ACTUALLY DISTURBS OR, OR IMPEDES OR RENDERS AND FEASIBLE THE, UH, ORDERLY CONDUCT OF A, OF A MEETING? SO MY UNDERSTANDING IS THE CITY COUNCIL HAS PASSED A, UH, AN ORDINANCE THAT SAYS MAKING, UH, SLANDEROUS OR PROFANE REMARKS, UH, UH, IS PROHIBITED.
NOW, I BELIEVE SLANDER IS NOT A PROTECTED CATEGORY OF SPEECH, SLANDER, LIBEL, DEFAMATION.
THOSE ARE NOT PROTECTED UNDER THE US SUPREME COURT, UM, RULINGS.
SO THAT, UM, DEFINITELY IS NOT PROTECTED SPEECH.
UM, AS FAR AS PROFANITY, UM, I THINK THAT IS A SUBJECT SUBJECTIVE, UM, ONE, BUT WHEN IT DOES NOT HAVE ANYTHING TO DO WITH THE MATTER AT HAND, UM, AND IT DOES NOT PROVIDE ANY SORT OF, UM, BENEFIT TO THE, THE CRITICISM OR, UM, EXPRESSION OF HOW DO WE FIX WHATEVER PROBLEM IT IS.
I, I DO THINK THAT, UM, TO THE EXTENT THAT IT IS PROTECTED, THIS BODY SHOULD BE VERY COGNIZANT TO ALLOW THAT SPEECH TO CONTINUE.
JUST LET THEM HAVE, LET THIS PUBLIC SPEAKERS HAVE THEIR TIME, UM, TO THE EXTENT THAT IT IS NOT, UH, AND PROFANITY AND OBSCENITY ACTUALLY, RATHER THAN PROFANITY, THE OBSCENITY CATEGORY THAT IS DEFINED BY THE SUPREME COURT IS NOT PROTECTED.
RIGHT? SO USING EXPLETIVES, UM, I I DON'T BELIEVE THAT THAT FALLS UNDER, UM, IT, IT DOES NOT FALL OUTSIDE OF THE FIRST AMENDMENT.
BUT THE, UH, THE NEW ORDINANCE THAT WAS PASSED USES THE WORD PROFANE REMARKS.
SO I'M JUST TRYING TO FIGURE OUT LIKE WHAT IT, WHAT ARE WE SUPPOSED TO DO IN ORDER TO, I GUESS, POLICE PROFANE REMARKS? I WOULD SAY WE APPLY THE US SUPREME COURT STANDARDS BECAUSE THAT IS WHAT GOVERNS THIS FREE SPEECH, UM, THE RIGHTS OF THE PUBLIC TO SPEAK FREELY.
AND I BELIEVE THAT WE WOULD, BECAUSE IT IS A FEDERAL CONSTITUTIONAL MATTER, WE ARE BOUND BY THE RULINGS OF THE SUPREME COURT.
SO WHATEVER THE SUPREME COURT DEEMS AS OBSCENE, WHICH MEANS IT HAS NO VALUE, NO, UM, I FORGET OFF THE TOP OF MY HEAD THE EXACT WORDING OF THE SUPREME COURT
[00:45:01]
DECISION, BUT WHERE IT HAS NO VALUE TO THE DISCUSSION AND THE, AND THE, UM, FURTHERMENT OF, OF CO COMMUNICATION DISCUSSION AND PRODUCTIVE, UM, I GUESS REASONING, UM, AT THAT POINT IS IT FALLS OUTSIDE OF THE US SUPREME COURT PROTECTIONS, UM, AS FREE SPEECH.UH, THERE'S ANOTHER, UH, ANOTHER PHRASE, UH, WHAT, WHAT CONSTITUTES ABUSIVE LANGUAGE? I'M NOT SURE, I DON'T HAVE THE ORDINANCE IN FRONT OF ME, BUT ABUSIVE LANGUAGE, I BELIEVE WOULD BE, UM, A TANTAMOUNT TO LIKE AD HO ATTACKS, THINGS THAT ARE NOT NECESSARILY, UM, RE RELEVANT TO THE SUBJECT MATTER OF THIS BODY.
SO IF IT HAS TO DO WITH SOMEBODY'S PERSONAL LIFE THAT IS ABSOLUTELY UNRELATED TO ANY OF THE ACTIONS AND THE DISCUSSION AND THE ITEMS BEFORE THIS COMMISSION, AND IT IS ENTIRELY PERSONAL AD HO ANDUM ATTACK THAT IS UNRELATED TO ANY ITEM, I BELIEVE THAT WOULD FALL OUT, FALL INTO THAT CATEGORY THERE.
I JUST WAS TRYING TO FIGURE OUT HOW THAT, HOW THAT WORKS.
UM, AND I THINK TO THE EXTENT THAT THE RE THE RECIPIENT OF THAT SPEECH FEELS THREATENED AND ACTUALLY FEELS HARMED OR IMMINENTLY ABOUT TO BE THREATENED OF WITH VIOLENCE, I THINK AT THAT POINT IT CROSSES THAT LINE.
SO I THINK IT IS A VERY, IT'S A DYNAMIC ANALYSIS THAT HAPPENS MOMENT TO MOMENT, BUT AGAIN, JUST USING EXPLETIVE WORDS IS VERY DIFFERENT THAN SOMEBODY ACTUALLY CROSSING OVER, COMING UP TO THE DAAS AND COMING UP TO THE COUNCIL MEMBERS AND ACTUALLY POSING A PHYSICAL THREAT, I THINK AT THAT POINT IS THAT'S THREATENING AND ABUSIVE.
UM, AND THEN I I DID HAVE ONE OTHER QUICK QUESTION.
UM, SO AS FAR AS THE TIMING FOR CUTTING OFF, UM, PUBLIC COMMENT, IS THAT SOMETHING THAT, SO I, I, I, I READ THERE'S, SO THE NEW ORDINANCE THAT'S I GUESS IN EFFECT, UM, I DIDN'T EVEN KNOW IT WAS IN EFFECT, BUT APPARENTLY IT'S, IT'S IN EFFECT BECAUSE I SAW, UH, SPEAKERS ARE LIMITED TO THREE MINUTES NOW APPARENTLY.
UM, SO I WAS TRYING TO FIGURE OUT, UM, ON, ON THAT FRONT, UM, AS, AS FAR AS, UM, AS FAR AS THE LIMITATIONS ON WHEN PEOPLE, I, I GUESS PEOPLE HAVE TO GIVE A CARD IN ORDER TO SAY THAT THEY'RE GOING TO SPEAK AND THEN, UM, AND THEN WE, WE CAN CUT OFF, UM, PEOPLE FROM COMING IN TO COMMENT FURTHER OR I, UM, ONCE THE OPEN GENERAL PUBLIC COMMENT PERIOD IS COMPLETED AND YOU'RE ONTO THE NEXT ITEM, THEN THAT THAT IS CLOSED.
SO THEN THE REMAINDER OF THE ITEMS THAT ARE ON THE AGENDA WOULD BE THE APPROPRIATE PUBLIC COMMENT ITEMS AS THOSE ITEMS ARE DISCUSSED.
SO TIME, PLACE AND MANNER, UM, ALLOWS CITIES TO DETERMINE THE AMOUNT OF TIME, UM, FOR EACH PUBLIC SPEAKER.
AND, UM, JUST IN MY PERSONAL EXPERIENCE, MOST OF THE CITIES THAT I HAVE WORKED WITH HAVE THE THREE MINUTES AND WHEN, WHEN IT'S PACKED AND THERE ARE CERTAIN, RIGHT, YOU KNOW, QUANTIFIABLE MEASUREMENTS AS FAR AS LIKE IF THEY SEE 20 NU 20 PUBLIC SPEAKERS, THEN EVERYONE GETS TWO MINUTES INSTEAD JUST TO MAKE SURE THAT EVERYONE CAN BE HEARD.
RIGHT? I GUESS WHAT I'M SAYING IS LIKE, OKAY, SO, SO WE HAVE GENERAL PUBLIC COMMENT THAT AT, AT THE BEGINNING IT'S 15 MINUTES AND THEN, UM, TRADITIONALLY IT'S ALWAYS BEEN MOVED TO THE END AFTER, UM, A A AFTER THE AGENDA ITEMS, IF, IF THERE ARE ADDITIONAL PEOPLE, UM, WHO WISH TO SPEAK.
WHAT I WAS TRYING TO FIGURE OUT IS DURING THAT, DURING THAT INITIAL PUBLIC COMMENT PERIOD, IF SOMEBODY'S STILL SPEAKING, UM, LET, LET'S SAY THERE'S THREE SPEAKERS HYPOTHETICALLY WHO HAVE SUBMITTED CARDS, RIGHT, THEY GO UP.
MY UNDERSTANDING IS THE NEW ORDINANCE SAYS THAT THERE CAN'T BE A FOURTH SPEAKER ONCE THE FIRST SPEAKER, UM, STARTS SPEAKING.
IS THAT, IS THAT CORRECT? I DON'T, I DON'T HAVE THAT GRANULAR LEVEL OF FAMILIARITY WITH THAT ORDINANCE SECTION, SO I'M SORRY, BUT I MEAN, IS THAT, IS THAT PROHIBITED? UH, WHAT DO YOU MEAN? WHAT IS WHAT? BEING ABLE TO CUT OFF A SPEAKER? YEAH, YEAH, SPEAKER.
WELL, PART OF IT IS PART BE FAIR.
IT'S SO THAT EACH SPEAKER HAS A FAIR AMOUNT OF TIME SO THAT YOU DON'T HAVE A SITUATION WHERE ONE PERSON DOMINATES THE PODIUM AND TAKES 10 MINUTES AND SOMEONE ELSE ONLY GETS THE THREE MINUTES BECAUSE THEY STUCK TO THE RULES AND YOU KNOW, STAYED WITHIN THE THREE MINUTES, RIGHT? RIGHT, RIGHT.
SO THAT'S, THAT'S EXACTLY THAT FOR FAIRNESS SAKE AND TO BE ABLE TO HEAR EVERYBODY.
OKAY, SO YOU DON'T, SO YOU DON'T GET TO, OR SO YOU CAN CUT OFF THE FOURTH PERSON, LIKE LET'S SAY YOU HAVE ALLOCATED 15 MINUTES, RIGHT? THREE PEOPLE HAVE, HAVE THREE
[00:50:01]
PEOPLE HAVE, HAVE PUT IN CARDS.YOU'RE, YOU KNOW, IN THE, IN THE MIDDLE OF THE FIRST PERSON SPEAKING AND SOMEBODY ELSE WANTS TO SUBMIT A CARD TO SPEAK, THEY'RE NOT GOING TO BE HEARD.
I'LL HAVE TO LOOK AT THE ORDINANCE LANGUAGE.
'CAUSE I, I DON'T HAVE THAT IN FRONT OF ME TO BE ABLE TO ANSWER THAT.
UM, I WAS NOT, I DON'T HAVE THAT LANGUAGE, BUT I, I CAN FOLLOW UP WITH YOU ON THAT.
UM, YEAH, I JUST, UH, IT SOUNDED BASED UPON YOUR PRESENTATION, LIKE YOU COULDN'T DO THAT, BUT I WAS TRYING TO FIGURE OUT, WELL THERE ARE SOME JUST TO HAVE FLOW OF BUSINESS, THERE ARE SOME CITIES THAT WILL HAVE A INITIAL TIME SET ASIDE AND IF NOT ALL OF THE PUBLIC COMMENTS CAN BE TAKEN, IF THEY CANNOT ALL BE TAKEN AT THAT INITIAL TIME.
WE DO HAVE THE REMAINDER AT THE END OF THE, AND IT'S JUST A MATTER OF OPERATIONS.
I, FOR EACH BODY, THEY HAVE THEIR OWN.
SO YEAH, I, I WOULD HAVE TO CHECK THE, THE ACTUAL LANGUAGE OF THAT ORDINANCE, WHICH I DON'T HAVE IN FRONT OF ME.
SO, UM, FAIR, I'LL, I'LL BE ABLE TO FOLLOW UP WITH YOU ONCE I'VE ACTUALLY LOOKED AT THAT, THE LANGUAGE, THE ACTUAL WAY OF IT'S WORDED.
BUT TO THE EXTENT THAT WE CAN PROVIDE EQUAL AMOUNTS OF TIME TO ALL INTERESTED SPEAKERS, THAT FAIRNESS IS, IS THE BASIS FOR THIS SO THAT EACH PERSON CAN HAVE THEIR EQUAL TIME TO SPEAK.
ARE THERE ANY, UM, COMMISSIONERS HAS ANY QUESTIONS OR COMMENTS? NO, JUST, WELL, I ACTUALLY, YEAH, I'LL, I'D LIKE TO THANK THE PUBLIC FOR NOT DISRUPTING TODAY'S MEETING
I ALSO LIKE TO ADD THAT IT'S VERY INFORMATIVE.
A LOT OF COMMISSIONERS, UH, I I GUESS FOR FEAR OF THE BROWN ACT, UM, DO NOT GET TOGETHER.
NOT THAT WE ARE GETTING TOGETHER TO HAVE A HAMBURGERS OR, OR LUNCH, BUT IT'S GOOD TO KNOW THAT, UM, NOT GETTING TOGETHER IS OKAY, BUT NOT TO DISCUSS PLANNING COMMISSION AGENDAS OR THE, UM, ITEMS THAT'S AT HAND.
SO IF YOU WERE TO GET TOGETHER TO HAVE A BARBECUE AND NOT HAVE ANY DISCUSSIONS REGARDING PLANNING COMMISSIONS, THAT WOULD BE ALLOWED.
HOWEVER, IF YOU WERE TO GET TOGETHER ALL FOUR OF US AND HAVE ANY DISCUSSIONS REGARDING THE AGENDA ITEMS, THEN THAT WOULD NOT BE ALLOWED.
AND THAT'S A VERY GOOD QUESTION BECAUSE I THINK IT'S SLIDE NUMBER FIVE.
SO YOU, WHAT COUNTS AS A MEETING IS VERY SPECIFIC, SO YOU ARE CORRECT.
WHAT IS A MEETING? IT IS, YOU HAVE TO HIT ALL OF THESE POINTS, RIGHT? SO THE ONE RIGHT BEFORE THAT SAYS IT'S A CONGREGATION GATHERING OF A MAJORITY OF THE MEMBERS OF THE LEGISLATIVE BODY IN THE SAME TIME AND PLACE TO HERE DISCUSS AND DELIBERATE OR TAKE ACTION UPON ANY ITEM WITHIN ITS SUBJECT MATTER JURISDICTION.
SO IF YOU'RE JUST PURELY CELEBRATING COMMISSIONER BE'S BIRTHDAY, AND LET'S SAY YOU ALL WANTED TO GO OVER FOR A BARBECUE AND DO NOT DISCUSS ANY BUSINESS THAT COMES BEFORE THIS PLANNING COMMISSION AND YOU'RE NOT THERE TO DELIBERATE, DISCUSS OR TAKE ANY ACTION PERIOD, IT'S PURELY SOCIAL, IT IS FINE, ALTHOUGH IT IS GOING TO REQUIRE A LOT OF CARE AND A LOT OF DISCRETION TO MAKE SURE THAT YOU STAY FAR AWAY FROM ANY OF THE TOPICS THAT WOULD COME BEFORE THIS PLANNING COMMISSION.
SO DO NOT DISCUSS ANY BUSINESS AND DO NOT DO ANYTHING THAT WOULD APPEAR TO BE ANY DISCUSSION, ANY DELIBERATION, OR TAKING ANY ACTION OR PRE-DECIDING ANYTHING THAT WILL COME TO THE PLANNING COMMISSION.
SO IF IT'S SERIOUSLY LIKE, UH, LIKE REALLY PURELY, PURELY SOCIAL, I THINK THE NEXT SLIDE HAD SOMETHING THAT IS PURELY SOCIAL EVENTS.
THAT SECOND BLOCK RIGHT THERE, THE QUORUM ATTENDS CONFERENCES OR PURELY SOCIAL EVENTS AND IT HAS TO REMAIN THAT WAY.
SO THAT MEANS KEEP YOUR AGENDAS LOCKED UP, LIKE OUT ON THE TABLE, NO HIGHLIGHTERS, PENS.
SO YES, LIKE JUST BE VERY, VERY COGNIZANT OF WHAT IS A MEETING AND WHAT IS NOT A MEETING.
AND SHOULD ANY OF YOU WISH A COPY OF THIS SLIDE DECK, I'D BE HAPPY TO PROVIDE IT.
SO YOU HAVE IT AS A GUIDE IN CASE YOU ARE HAVING A BIRTHDAY PARTY AND UH, YOU KNOW, WANT TO, WANT TO BE ABLE TO SHARE SOME BIRTHDAY CAKE TOGETHER.
AND, AND IN CASE YOU SEE EMAILS THAT LITERALLY LOOK LIKE IT'S TO NOBODY AND YOU ALL RECEIVE EMAILS FOR THE COMMISSION, THAT IS AN ITEM AND IT COMES TO YOU BLIND CARBON COPY THAT IS BECAUSE OF THIS, BECAUSE IT IS TOO EASY TO HIT REPLY ALL OR FORWARD.
SO THAT WAY WHEN YOU REPLY BACK TO STAFF, IT IS DIRECTLY TO STAFF.
SO THAT'S WHY YOU WILL SEE SOMETIMES WHEN IT SAYS TWO AND IT'S BLIND CARBON COPIED, IT'S TO PREVENT A BROWN ACT VIOLATION.
THANK YOU FOR STAYING AWAKE AND
[00:55:01]
LISTENING TO ME AND HAVING ALL THESE WONDERFUL QUESTIONS.ANYONE ELSE WANTS TO ADD? WILL HAVE ANY QUESTIONS? GREAT PRESENTATION.
[COMMISSION REPORTS/COMMENTS AND MISCELLANEOUS ITEMS]
MOVING ON TO COMMISSION REPORTS, COMMENTS AND MISCELLANEOUS ITEMS. UM, I'VE GOT NOTHING, BUT I THINK YOU DO.UM, WE ATTENDED THE PLANNING COMMISSIONS ACADEMY LAST, UH, LAST WEEK, WHICH IS MARCH 5TH THROUGH MARCH 7TH.
AND I, I THINK IT'S A GREAT, UM, COMMISSION MEETINGS.
THERE'S LOTS, UH, I GUESS THERE'S A LOT OF ITEMS AND I LIKE TO TALK ABOUT SOME OF THE ITEMS THAT WE, UM, LEARNED FROM THE ALL THE COMMISSIONS, THE TOTAL OF ABOUT 482 OR 83 CITIES IN THE CITY OF, UM, IN THE STATE OF CALIFORNIA.
AND APPARENTLY ALL THE COMMISSIONERS OR MOST OF THE COMMISSIONERS WOULD ATTEND THAT MEETING AND OUT OF IT, UM, WE LEARNED QUITE A BIT.
UM, THERE'S A LOT OF LAWS, UM, THAT WAS CREATED TO OVER 200, UH, EACH, EACH, YOU KNOW, THIS, THIS YEAR, LAST YEAR THAT, THAT, THAT JUST HAPPENED.
SOME OF 'EM TOOK EFFECT JANUARY 1ST AND THEN OUT OF THE 80 ASSEMBLY 40 SENATE THAT CREATED THIS 200 PLUS LAWS THAT SOME AFFECT THIS PARTICULAR COMMISSION.
UM, IT'S QUITE INTERESTING THAT OUR ROLE AS COMMISSIONERS ARE GETTING, I GUESS YOU CAN SAY SMALLER AND SMALLER AS THE YEAR GOES BY AND
SO, UM, ALSO ANOTHER THING IS THAT I, AS COMMISSIONERS SOMETIME WITH ALL THE 482 CITIES WITH ALL THAT COMMISSIONERS, UM, SOMETIME YOU FORGET THAT YOU DO LEARN, UH, THINGS THROUGH DIFFERENT CITIES AND DIFFERENT COMMISSIONERS.
SOME OF THEM HAVE FIVE, UH, COMMISSIONS AND SOME HAS UP TO NINE IN SOME ARE LARGER CITY, OBVIOUSLY THEY HAVE MORE.
UM, ONE OF THE THING THAT AS COMMISSIONERS, UM, SOMETIME COMMISSIONERS THEMSELVES FORGET THAT EACH INDIVIDUAL, ONE OF US, LIKE WE HAVE FIVE INDIVIDUAL PEOPLE COMMISSIONS HERE AND EACH OF US DO HAVE A VOTE OR A VOICE.
AND AT THE END OF THE DAY, ONCE WE FORM A VOTE, IT'S EITHER A APPROVED OR NOT APPROVED, IT BECOMES ONE AS A CITY.
SO THAT, THAT, THAT IS IMPORTANT TO KNOW AS COMMISSION, UH, COMMISSIONERS HERE BECAUSE YES, WE ARE AN INDIVIDUAL AND WE DO HAVE ONE VOTE.
HOWEVER, WHEN THE APPLICANTS THAT COME IN FRONT OF US, THEY HAVE VESTED INTEREST IN DOING BUSINESSES IN OUR CITY THAT WE WOULD LIKE.
AND ALSO WE ARE, UH, RESIDENTS WHO ALSO HAVE VESTED INTERESTS AND SPENT, WHETHER IT'S THEIR, THEIR HOME THAT THEY SPENT, YOU KNOW, HALF A MILLION DOLLARS OR A MILLION DOLLARS.
AND IF THEIR NEIGHBORS OR THE NEXT DOOR NEIGHBORS, THAT IS A VACANT LOT AND WE'RE TRYING TO PUT A PORTABLE TOILET STORAGE OVER THERE, THE NEIGHBORS MAY NOT BE HAPPY.
SO THAT'S WHY THEY WOULD BE COMING HERE.
AND BOTH SIDES HAS VESTED INTEREST.
SO SOMETIME AS COMMISSIONERS WE LEARN FROM THIS MEETING THAT YES, WE ARE INDIVIDUALS WHEN WE ARE BEFORE THE VOTING, ONCE WE FORM A VOTE, WHETHER IT'S APPROVED OR NON-APPROVED, IT BECOMES ONE AS A CITY.
NOW, THE CITY, UM, BASICALLY AT THE END OF THE DAY, UM, WHETHER THEY TAKE ACTION IS NOT ACTIONS AMONG EACH INDIVIDUAL COMMISSIONERS, IT'S AMONG THE VOTE, WHICH IS COMBINED AS A WHOLE, IT'S, IT'LL BE AGAINST THE CITY.
SO SOMETIME IT'S IMPORTANT THAT ALL COMMISSION, WE REALIZE AND WE KNOW THAT, UM, THAT IT IS IMPORTANT AND, AND WE LEARN SOMETIME, UM, THEY SHOW US VIDEOS OF ONE COMMISSIONERS OR I DON'T KNOW HOW MANY OUT THERE JUST WENT WOKE.
UM, SO THAT BECOMES A PROBLEM ITSELF.
AFTER, AFTER WHETHER THEY'RE APPROVED OR NOT APPROVED, IT BECOMES A PROBLEM FOR THE CITY ITSELF.
SO WE ALSO REPRESENT THE CITY, NOT ONLY THE INDIVIDUAL COUNCIL, UM, COUNCILMEN THAT APPROVES US AND AS COMMISSIONED SOMETIME WE FORGET THAT WE ARE APPOINTED AND APPOINTED BY OUR CITY COUNCIL.
AND WE CAN ALSO BE, HOW DO YOU SAY IT, REMOVED BY THE CITY COUNCIL.
UM, IT'S NOT, IT'S, IT, IT'S, IT'S AN APPOINTED
[01:00:01]
POSITIONS AND ALSO A LOT OF THESE, UH, WHETHER IT'S, UM, A LOT OF TIME THEY'RE SAYING THAT WHEN YOU GO TO A MEETING LIKE US, SOMETIME WE RECEIVE A PACKAGE THAT COULD BE A HUNDRED PAGES OR 300 PAGES.AND SOMETIMES SOME OF THE COMMISSIONERS OR THE NEW ONE WOULD SAY THAT WE GET OUR PACKAGE.
SOME COMMISSIONERS, WE GET IT, SOME CITIES THEY GET THE PACKAGES A WEEK AHEAD OF TIME.
I BELIEVE ONE OF THEM SAID TWO WEEKS.
'CAUSE NOT EVERYONE GO UP THERE AND TALK.
BUT, UM, ONCE WE GET THE PACKAGE, UM, EVEN THOUGH IT IS A PACKAGE THAT IS, IT COULD BE LONG OR IT COULD BE SHORT, UM, WHETHER IT'S A HUNDRED PAGE OR 300 PAGES, WE ALSO HAVE TO GO THROUGH IT.
AND WE ALSO HAVE TO COMPARE TO THE EXISTING GENERAL CODE THAT WAS CREATED FOR THE CITY OF WEST COA THAT IS OVER 102 YEARS OLD.
WE CELEBRATED A HUNDRED YEARS AGO, WHAT, TWO YEARS AGO FOR OUR CITY.
SO BASICALLY PRIOR TO US ALL THE CODE, JUST LIKE LATER, UH, TONIGHT, ALL THE CODE IS IN OUR GENERAL PLAN, UM, REGARDING OUR ALL LAND USERS.
AND SOMETIME IT'S UM, YOU NEED A CONDITIONAL USE PERMIT OR, UH, ADMINISTRATIVE USE PERMIT.
SO IT'S BASICALLY DECIPHER BY THE, BY THE OUR CITY STAFF.
AND THEN, UM, MOST OF THE STUFF WILL NOT COME TO PLANNING COMMISSIONS, BUT THOSE THAT DOES COME TO PLANNING COMMISSION IT, UM, IT WILL APPEAR TO US AND WE WILL HAVE TO MAKE THE DECISIONS WHETHER, UM, YOU KNOW, WE JUST HAVE TO SIT THROUGH IT AND JUST GO THROUGH IT, UM, TO SEE WHAT, WHAT, WHAT WORKS OR NOT.
BUT LIKE I SAID, WEST
AND ALSO, UM, THROUGH THE GENERAL CODE, ONCE THE GENERAL CO UH, GENERAL, UH, CITY COUNCIL ADOPTED, IT BECOMES THE CODE, WHICH IS PART OF IT.
AND SINCE I'VE BEEN HERE FOR THE LAST, I DUNNO, 10 YEARS OR SO, OUR GENERAL CODE OR GENERAL PLAN GENERAL CODE HASN'T BEEN UPDATED FOR 30 OR 40 YEARS, BUT FOR THE LAST FIVE YEARS OR SO, IT'S BEEN UPDATING CONSTANTLY.
EVERY TWO MONTHS OR SO, WE HAD SOME NEW CODES COMING UP AND I'M NOT SURE THAT THAT WILL CONTINUE.
UM, THE OTHER THING THAT WAS QUITE INTERESTING IS THAT, UM, ETHICS STUDIES AND WE ALSO HAVE, UM, IT JUST BASICALLY TO MAKE SURE THAT CERTAIN DECISIONS THAT WE MAKE, UH, YOU KNOW, UM, WE, WE HAVE TO FOLLOW JUST LIKE THE BROWN ACTS THAT WE'RE TALKING ABOUT TONIGHT.
AND THEN WE ALSO HAD THE SEXUAL HARASSMENT CLASSES IN THERE.
THERE'S QUITE A BIT OF STUFF THAT WE WENT THROUGH FOR THE LAST, UH, FEW DAYS, I'M SURE.
I'M NOT SURE IF, UM, OUR COMMISSIONERS SARAH WOULD LIKE TO ADD 'CAUSE SHE ACTUALLY JOINED US IN THE PLANNING COMMISSION AS WELL.
SO NOT SURE WENT THROUGH QUITE A BIT.
DO YOU HAVE ANYTHING THAT YOU'D LIKE TO ADD ON? NO.
[COMMUNITY DEVELOPMENT DIRECTOR'S REPORT]
TO COMMUNITY DEVELOPMENT DIRECTORS REPORT.I A I JUST HAD A A QUICK COMMENT THAT WAS THAT I WANTED TO MAKE, UM, JUST SORT OF AN OBSERVATION FROM THE ONE PUBLIC HEARING THAT WE HAD TONIGHT.
UM, I THOUGHT IT WAS A LITTLE BIT, UM, IT WAS, IT WAS A VERY DISJOINTED PUBLIC HEARING, UM, PRIMARILY BECAUSE OF THE FACT THAT, UM, THERE WAS A REQUEST FOR A PUBLIC HEARING BY A MEMBER OF THE PUBLIC, WHICH ANY MEMBER OF THE PUBLIC IS ENTITLED TO, TO MAKE.
UM, HOWEVER, THERE WASN'T ANY REASON THAT WAS REALLY DISCERNIBLE FROM THE REQUEST AS TO WHY THERE WOULD BE A PUBLIC HEARING, UM, ON THIS, UH, ADMINISTRATIVE USE PERMIT, WHICH WOULD OTHERWISE BE, UH, PROVIDED AS AN OVER THE COUNTER, UM, AN AN OVER-THE-COUNTER PERMIT.
UM, UPSTAIRS, UM, ONE OF THE THINGS THAT I WAS NOTICING IS YOU KNOW, WE HAD THE APPLICANT COME UP AND BASICALLY TRY TO SAY SOMETHING, BUT THE APPLICANT, FRANKLY, UM, LOOKED CONFUSED.
AND I, I UNDERSTAND WHY SHE WAS CONFUSED, BECAUSE SHE DIDN'T KNOW WHY SHE WAS HERE.
UM, AND, AND I THINK THAT THAT WAS, UM, THAT THAT KIND OF A, A FORMAT DOESN'T NECESSARILY HELP ILLUMINATE MUCH OF ANYTHING.
SO ONE OF THE THINGS I WOULD, I, I WOULD CERTAINLY LIKE TO SEE IS IF WE HAVE SOMETHING LIKE THIS WHERE AN ADMINISTRATIVE USE PERMIT IS PULLED, UM, YOU KNOW,
[01:05:01]
VIA A REQUEST FOR PUBLIC HEARING BY A MEMBER OF THE, UH, OF, OF THE PUBLIC, UM, WHAT I'D LIKE TO SEE IS, I, I, I'D LIKE TO SEE ANY, UH, ANYONE WHO OPPOSES, UM, THE, THE ISSUANCE OF A PERMIT, UH, WHICH WOULD OTHERWISE BE GRANTED OVER THE COUNTER, UH, HAVE TO MAKE A, A PRIMA FACIE CASE FOR WHY IT SHOULDN'T BE ISSUED BEFORE WE TURN TO THE APPLICANT FOR A DEFENSE.BECAUSE YOU'RE, YOU'RE TALKING ABOUT SOMETHING THAT IS JUST SORT OF A MATTER OF RIGHT ISSUE AND IT, IT MAKES IT VERY CONFUSING AND IT, IT, IT DOESN'T REALLY ALLOW FOR MUCH OF A BACK AND FORTH BECAUSE, YOU KNOW, IF THE APPLICANT HAS NO IDEA WHY THEY'RE EVEN HERE, WE ASK THE APPLICANT TO, I GUESS, DEFEND, DEFEND THEIR APPLICATION.
UH, IT, IT JUST DOESN'T, DOESN'T MAKE FOR A VERY ORDERLY MEETING OR, OR ANYTHING.
SO, I MEAN, IF, I DON'T KNOW IF THIS IS SOMETHING THAT, UM, THAT WE CAN, YOU KNOW, SPECIFICALLY CREATE A PROCEDURE FOR, UM, IT MAY BE THAT IT'S JUST STATUTORY AND WE'RE STUCK WITH IT, BUT IT'D BE SOMETHING THAT I'M, I'M INTERESTED IN SEEING.
UM, I MEAN, I, I, LOOK, THIS IS THE FIRST TIME I'VE EVER SEEN A SCENARIO LIKE THIS BEFORE.
UM, IT'S, IT'S DISHEARTENING BECAUSE, YOU KNOW, YOU, YOU SEE A BUSINESS OWNER WHO WANTS TO CONDUCT BUSINESS IN THE CITY WHO HAS TO COME TO A, A PUBLIC HEARING ON SOMETHING, NO EXPLANATION IS GIVEN FOR, YOU KNOW, WHY THE PUBLIC HEARING EVEN TOOK PLACE.
AND PRESUMABLY THAT PERSON IS HAVING TO PAY RENT, YOU KNOW, FOR, FOR TWO MONTHS TO, TO DO NOTHING WHEN THEY COULD OTHERWISE BE OPENING THEIR BUSINESS.
I, IT'S, IT, IT'S, IT'S A TERRIBLE, UH, STATE OF AFFAIRS AND IT'S, IT'S SAD.
UM, YOU KNOW, I I, I DON'T KNOW WHAT I, I DON'T KNOW WHAT THE BASIS OF THE, THE CALL FOR THE, THE PUBLIC HEARING IS.
I, I ASSUME IT WAS DONE IN GOOD FAITH, BUT, YOU KNOW, I, I DON'T KNOW.
AND AND NEEDLESS TO SAY, UH, IT, IT'S DISHEARTENING TO SEE, UM, TO SEE A SITUATION LIKE THAT, YOU KNOW, WHERE YOU DON'T KNOW WHAT'S GOING ON, WHAT'S GOING ON IN THE MIND OF THE PERSON WHO REQUESTED THE PUBLIC HEARING.
AND, YOU KNOW, THE THING IS, IS THAT THESE THINGS HAVE IMPACTS ON PEOPLE'S, UM, PARTICULARLY SMALL BUSINESS OWNERS WHO DON'T NECESSARILY HAVE A TON OF CAPITAL TO, YOU KNOW, THROW, THROW MONEY AT RENT ON OR, OR A LEASE THAT, YOU KNOW, BASICALLY IS I IS, UH, HELD HOSTAGE FOR TWO MONTHS, YOU KNOW, WHERE THEY CAN'T CONDUCT THEIR BUSINESS.
SO THAT, THAT'S, THAT'S MY ONLY COMMENT.
THAT'S ONE SIDE OF THE STORY IS YES, THE BUSINESS PEOPLE DO HAVE, UH, YOU KNOW, RESPONSIBILITY IN BILLS THAT THEY NEED TO PAY.
AND IT ALSO MAY AFFECT THE RESIDENT THAT LIVE HERE.
FOR EXAMPLE, THIS PARTICULAR ONE MAY NOT HAVE THAT MUCH IMPACT ON THE RESIDENTS, OR THAT'S WHY THE RESIDENT MAY NOT BE HERE.
BUT FOR EXAMPLE, A FEW WEEKS AGO OR MONTHS AGO, WE HAVE THE HALFWAY HOUSE WITH THE HOMELESS SITUATIONS OVER THERE THAT MAY HAVE AN IMPACT ON THE BUSINESS, THE SURROUNDING BUSINESS OVER THERE, AND ALSO THE RESIDENT AROUND THERE.
SO IT DEPEND ON A CERTAIN SITUATIONS WHAT THE RESIDENTS DEEM IT'S IMPORTANT OR NOT.
YES, THE BUSINESSES DO HAVE EXPENSES.
SO DOES THE HOMEOWNERS THAT SURROUND THE NEIGHBORHOOD OVER THERE AS WELL, THEY DO PAY HALF A MILLION UP TO A MILLION, $2 MILLION ON THEIR PROPERTY.
UM, REGARDING THIS PARTICULAR DISCUSSION.
SO TONIGHT, DISCUSSIONS, UM, IT HAS NOTHING TO DO WITH THE PLANNING COMMISSIONS THAT WE ATTEND, SO WE'RE GONNA MOVE ON TO THE COMMISSION'S REPORT, UM, ACTUALLY THE COMMUNITY DEVELOPMENT DIRECTORS REPORT.
JOANNE, DO YOU HAVE ANY ITEMS TO REPORT? THE, THE ONLY, THE ONLY ITEM I HAVE IS FOR, UM, MARCH 29TH AND THE 30TH, THE CITY IS HAVING A, UM, A SPRING FESTIVAL, AND IT WILL BE HELD ON SOUTH GLENDORA AVENUE IN THE HISTORIC DOWNTOWN WEST COVINA AREA.
AND IT'S BETWEEN 11:00 AM AND 10:00 PM ON SATURDAY AND 11:00 AM AND 8:00 PM ON SUNDAY.
UM, IT'S BEING HELD BY THE COMMUNITY SERVICES DEPARTMENT, UM, ALSO FOR THE NEXT PLANNING COMMISSION MEETING THAT'S SCHEDULED, I BELIEVE ON MARCH 25TH.
WE DON'T HAVE ANY, WE DON'T HAVE ANY ITEMS TO DISCUSS AT THAT MEETING, SO IT, IT APPEARS THAT IT WOULD BE CANCELED.
[CITY COUNCIL ACTION]
CITY COUNCIL ACTIONS TO REPORT? YES.ON MARCH 24TH, THE, THE CITY COUNCIL INTRODUCED THE DEVELOPMENT CODE UPDATE CLEANUP
[01:10:01]
IT.UM, IT IS SCHEDULED FOR A SECOND READING ON, ON MARCH 18TH, AND ALSO ON MARCH 4TH, UM, THE ORDINANCE ADOPTING ZONE CHANGE 24 0 1 FOR THE REZONING OF 200 SOUTH AZUA AVENUE, WHICH WAS TIED TO THE, THE MERCEDES-BENZ DEVELOPMENT, WHICH THEY HAD A GAS STATION IN THE CORNER THAT WAS REZONED TO, TO BE MADE PART OF THE AUTO PLAZA.
SO, AND THAT WAS APPROVED BY THE CITY COUNCIL ON MARCH 4TH.
UM, AND ANOTHER ITEM IS THE, DURING THE CITY COUNCIL, DURING THE CITY COUNCIL MEETING, THE CITY COUNCIL CALLED UP THE PLANNING COMMISSION'S DECISION ON THE WEST COVINA MEDICAL CENTER HOSPITAL EDITION, UM, WHICH WAS A, UM, BEHAVIORAL, UM, SERVICE FACILITY OR, OR PSYCHIATRIC HOSPITAL.
SO THEY, THE PLAN, THE CITY COUNCIL CALLED THAT UP AND IT IS TENTATIVELY SCHEDULED FOR A PUBLIC HEARING IN FRONT OF THE CITY COUNCIL ON, I BELIEVE, APRIL 15TH.
THAT IS ALL I, I HAVE AT THE MOMENT.
UM, HAVING NO FURTHER BUSINESS.
THIS MEETING IS ADJOURN AT EIGHT 12.