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>> OKAY.

[00:00:02]

>> HI EVERYBODY, GOOD AFTERNOON, SO NICE TO SEE ALL OF YOU ON ZOOM.

[1. CALL TO ORDER AND ROLL CALL:]

SO THIS IS GOING TO BE A JOINT SPECIAL MEETING OF COMMUNITY SERVICES COMMISSION, THE MOBILE HOME FAIR PRACTICES COMMISSION AND THE PUBLIC ART COMMISSION.

AND SO I'LL TURN IT OVER TO EVELYN TO CALL ROLL FOR ALL THREE OF THE COMMISSIONS.

>> AND THE COMMUNITY SERVICES COMMISSION, CHAIRPERSON MEGAN SCARBOROUGH-ECKEL, PRESENT.

VICE PRESIDENT KIMBERLY BARRAZA, PRESENT.

COMMISSIONER ARMAN ORDIAN.

PRESENT.

COMMISSIONER KEVIN WILCOXON, COMMISSIONER KEVIN IS NOT PRESENT.

COMMISSIONER RONALD PHILLIPS-MARTINEZ.

>> KEVIN IS HERE, SORRY ABOUT THAT.

>> THANK YOU.

AND THE MOBILE HOME FAIR PRACTICES COMMISSION, CHAIRPERSON CHRIS MARTINEZ IS ABSENT.

VICE CHAIRPERSON DANIEL DUARDO, PRESENT.

COMMISSIONER CESAR P PRESENT.

COMMISSIONER ROMAN WHITTAKER.

COMMISSIONER R WHITTAKER.

>> I SAW THAT HE WAS ON THE LINE HERE.

MIGHT HAVE BEEN D FOR A MOMENT.

>> I'LL COME BACK TO WHITTAKER.

COMMISSIONER ASHLEY YANEZ I NOT PRESENT AND COMMISSIONER ROMAN WHITTAKER? HE MIGHT HAVE LOST CONNECTION.

OKAY, HE IS CURRENTLY ABSENT.

AND PUBLIC ART COMMISSION WE HAVE CHAIRPERSON THOMAS BUCK.

PRESENT.

VICE CHAIRPERSON BILL SCHINSKY.

COMMISSIONER SCHINSKY? YOU'RE MUTED.

WE'LL COME BACK TO COMMISSIONER SCHINSKY.

COMMISSIONER E.

J, NEUMEYER.

PRESENT.

COMMISSIONER CECILIA CRUZ ZENDEJAS.

PRESENT.

COMMISSIONER SCHINSKY, THANK YOU.

>> COMMISSIONER VENESSA BECERRA, PRESENT.

THAT COMPLETES T COOL.

>> I JUST JOINED, I WAS HAVING TECHNICAL DIFFICULTIES.

ROMAN WHIT KERR HERE.

>> TERRIFIC.

>> THE NEXT ITEM IS THE PLEDGE OF ALLEGIANCE.

JESUS I SEE YOU ON THE LINE.

DO YOU WANT TO LEAD US IN THE PLEDGE OF ALLEGIANCE.

>> THANK YOU FOR JOINING US, IF EVERYONE COULD JOIN ME IN THE PLEDGE OF ALLEGIANCE.

BEGIN.

>> THANK YOU.

>> GREAT THANK YOU.

[3. STATEMENT FROM THE COMMISSION SECRETARY]

AND EVELYN DO YOU READ THE STATEMENT?

>> YES, MA'AM.

>> THE GENERAL RULES FOR COURTESY ARE AS FOLLOWS.

PLEASE BE A BACKGROUND NOISE.

PARTICIPANTS MUST MUTE ALL LIVE STREAMING DEVICES TO AVOID FEEDBACK, KEEP BACK NOISE TO A MINIMUM WHEN THEY'RE NOT SPEAKING.

WHEN YOUR MICROPHONE IS N MUTED, AVOID CONFIDENT THAT COULD CREATE ADDITIONAL NOISE.

IF YOU CHOOSE TO USE A WEB CAMERA BE SURE TO MAKE IT STURDY.

ONLINE TO PROVIDE PUBLIC COMMENT FOR AGENDA OR NONAGENDA ITEMS, MEMBERS OF THE PUBLIC WISHING TO PROVIDE ORAL TESTIMONY HAVE THREE MINUTES TO PROVIDE ORAL TESTIMONY.

THANK YOU.

>> THANK YOU EVELYN.

EVELYN DO WE HAVE ANY PUBLIC COMMENTS FOR ITEMS NOT ON THE AGENDA?

>> WE DO NOT.

>> GREAT.

OKAY WELL WELCOME EVERYBODY.

I WILL GO AHEAD AND S OUR STUDY SESSION ITEM.

[5.1 Ralph M. Brown Act and Conflict of Interest Training. (City Attorney Roxanne Diaz)]

AND THAT IS, FIRST LET ME INTRODUCE MYSELF.

I'M SORRY.

I'M ROXANNE DIAZ, THE CITY ATTORNEY FOR THE CITY OF INDIO.

SOME OF YOU MAY KNOW SOME O THE OTHER ATTORNEYS IN MY OFFICE.

WE DON'T CAN COME TO A YOUR COMMISSION MEETINGS HOWEVER BUT WANTED TO SAY HELLO AND THANK YOU FOR TAKING TIME OUT OF YOUR EVENING TO DO THIS.

I KNOW WE HAVE LONG STANDING COMMISSIONERS, WELCOME AND HOPEFULLY THIS WILL BE A REFRESHER FOR YOU.

WE'LL GO OVER THE RULES.

WE HAVE SOME FAIRLY NEWER COMMISSIONERS GREAT.

THAT WAY WE ALL HAVE AN UNDERSTANDING OF BROWN ACT IS AND CONFLICT OF

[00:05:01]

INTEREST.

WHEN WE GET T THERE IS A LOT OF INFORMATION AND I THINK WHAT I HOPE YOU TAKE AWAY IS JUST SO YOU HAVE ENOUGH INFORMATION TO RECOGNIZE AN ISSUE, BUT YOU MAY, AND NO ONE EXPECTS YOU TO KNOW ALL THE DETAILS.

AND I WILL PROVIDE EVELYN A COPY OF MY POWERPOINT.

I WILL PROBABLY HAVE HER SEND IT OUT TO EVERYBODY SO IF ANYBODY NEEDS A COPY OF IT OR WANTS ONE.

THAT'S ENOUGH TO FILL THE HOUR AND A HALF.

I'LL TRY TO BE Q CERTAINLY, AT LEAST HOPEFULLY HAVE SOME TIME FOR QUESTIONS AT THE END.

IF YOU WANT TO HOLD THOSE.

AND CERTAINLY IF THERE'S ANY MEMBERS OF THE PUBLIC, WE'LL TAKE PUBLIC COMMENT, AT THE END AS WELL.

AND SO I'M GOING TO GO A AND SHARE MY SCREEN.

EVELYN AM I ABLE TO DO THAT? GREAT, THANK YOU.

TRYING TO GET IT TO -- HERE WE GO.

I KNEW I SHOULD HAVE SENT IT TO EVELYN FROM THE BEGINNING.

THERE WE GO, GREAT.

TERRIFIC.

SO AS I MENTIONED, THE OVERVIEW, I ALSO THREW IN SOME MEETING BASICS HERE AS WELL.

PEPPERED THROUGH THE PRESENTATION.

AND WHAT YOU'LL SEE T IS SOME THEMES ABOUT CONDUCTING THE PUBLIC'S BUSINESS IN AN OPEN AND FAIR MANNER, INSTILLING CONFIDENCE IN THE DECISION MAKING PROCESS IS REALLY THE UNDERLYING THEME OF THE OPEN MEETING LAWS AND ALSO CONFLICTS, AFFORDING APPLICANTS AND THOSE THAT COME BEFORE YOU THE PRINCIPLES OF DUE PROCESS.

AND THE ROLE OF THE COMMISSION, I MEAN THE COMMISSIONS ARE OUR FACE OF THE CITY.

THE COMMISSION IS R FIRST TIME THAT A CONSTITUENT REALLY HAS THAT FACE-TO-FACE IN A LEGISLATIVE BODY SESSION WHETHER IT'S ART, THE MOBILE HOME COMMISSION, THE COMMUNITY SERVICE COMMISSION, THE PLANNING COMMISSION, AND SO YOU ARE THAT FACE OF THE CITY.

THE COMMISSION IS WITH THE EXCEPTION OF THE PLANNING COMMISSION, COMMISSION DECISIONS ARE DISCRETIONARY.

THEY'RE ADVISORY.

THE FINAL DECISIONS THAT A MADE, THAT ARE CALLED UP TO BE APPEALED TO THE CITY COUNCIL, REALLY ARE THOSE OF THE PLANNING COMMISSION AN THEY'RE NOT HERE TODAY AS PART OF THIS.

WE DID A TRAINING F PREVIOUSLY.

AND YOUR RECOMMENDATIONS ARE SUBMITTED TO THE CITY COUNCIL DEPENDING ON THE TOPIC.

WITH MOBILE H COMMISSION I KNOW THAT WE HAVEN'T HAD AN ISSUE IN A LONG TIME, AND THAT SAID, YOUR ROLE AS A COMMISSION REALLY COMES FROM OUR MUNICIPAL CODE BUT ALSO STAFF SHOULD AS WEL YOU'RE CALLED UP TO HOLD MEETINGS WHEN THERE'S AN ITEM OF BUSINESS.

SO I KNOW FROM YEAR TO YEAR, THAT DOESN'T ALWAYS HAPPEN.

BUT YOU'RE STILL PART OF THE CITY.

AND THAT IS APPRECIATED.

THE RESPONSIBILITIES OF ALL COMMISSIONERS ARE OF COURSE TO ATTEND THE MEETINGS.

TO PREPARE IN ADVANCE.

ALLOW OTHERS TO SPEAK.

MANAGE YOUR OWN SPEAKING TIME.

RESPECT WHAT'S BEEN DECIDED AND SEEK TO UNDERSTAND POINTS OF VIEW.

DEMONSTRATE KINDNESS AND RESPECT AND ACT WITH HONEST AND INTEGRITY.

WE ADOPTED AS SOME OF YOUR STAFF LIAISONS MAY HAVE TOLD YOU, A NEW ORDINANCE WITH RESPECT TO COMMISSIONS.

IT'S NEW IN THE SENSE THAT WE'VE REORGANIZED THAT WHOLE SECTION OR THAT WHOLE CHAPTER IN CHAPTER 32 ARE WITH RESPECT TO COMMISSION ROLES AND RESPONSIBILITIES.

AND ALSO THE PROCEDURAL ASPECTS OF COMMISSIONS.

BUT ONE OF THE THINGS I WANTED TO BRING UP THE ATTENDANCE OF COMMISSIONERS AT MEETINGS.

IN SECTION 3206 WHICH PROVIDES THAT IF ANY COMMISSIONER IS ABSENT FROM THREE CONSECUTIVE MEETINGS OR ABSENT FOR MOR OF MEETINGS, IN ANY 12-MONTH PERIOD, THE COMMISSIONER IS CONSIDERED TO HAVE RESIGNED FROM OFFICE.

ONCE THAT OCCURS THAT OFFICE IS DEEMED VACANT AND THE TERM OF THE COMMISSIONER AUTOMATICALLY TERMINATES.

HOWEVER SHOULD THAT EVER HAPPEN NOTICE OF THAT TERMINATION WILL BE PROVIDED TO YOU BY THE CITY CLERK AND YOU CAN REQUEST REVIE THE CITY COUNCIL.

IF THERE WAS SOME UNDERLYING HEALTH CONDITIONS OR UNDERLYING HARDSHIP.

SO I WANTED TO POINT T OUT TO EVERYONE HERE ALL THE COMMISSIONER MEMBERS TODAY.

EFFECTIVE COMMISSIONS, WHAT MAKES AN EFFECTIVE COMMISSION? YOU HAVE YOUR DISCUSSIONS IN PUBLIC.

YOU SHARE I EQUALLY.

THE INCLUSION OF THE PUBLIC THEY ARE A FAIR PIECE OF WHAT WE DO.

DUE PROCESS WHEN IT NEEDS TO BE AFFORDED, AND THERE'S PREDICTABILITY IN THE PROCESS AS WELL.

AND SO WE WILL -- WITH THAT BACKGROUND WE WILL START WITH THE BROWN ACT.

[00:10:01]

AND THE PREMISE OF THE BROWN ACT WHICH HASN'T CHANGED SINCE IT WAS ADOPTED IN THE MID 1950S IS MEETINGS MEETINGS OF THE LEGISLATIVE BODY OF A LOCAL AGENCY SHALL BE OPEN AND PUBLIC AND ALL PERSONS SHAL BE PERMITTED TO ATTEND ANY MEETING OF THE LEGISLATIVE BODY OF A LOCAL AGENCY EXCEPT AS OTHERWISE PROVIDED.

AND SO THIS IS ESSENTIAL TO THE THEME OF THE BROWN ACT WHICH IS OPEN AND PUBLIC MEETINGS.

SO AS WE GO THROUGH THE BROWN ACT, I WANT THROUGH WHAT IS A LEGISLATIVE BODY.

IT INCLUDES A S COMMITTEE, WITH A REGULAR MEETING SCHEDULE, WHICH IS TWO MEMBERS OF A BODY, WITH -- EXCUSE ME TWO MEMBERS O THE BODY THAT HAVE A REGULAR MEETING SCHEDULE THAT HAVE WHAT'S CALLED CONTINUING SUBJECT MATTER JURISDICTION AND THEY EXIST YEAR IN AND YEAR OUT.

AND SO IN THAT CASE, FOR EXAMPLE, WE HAVE SOME OTHER CITIES THAT WILL HAVE A STANDING COMMITTEE ON THE BUDGET.

AND THAT EXISTS JUST LIKE A REGULAR COMMISSION MEETING.

COMMISSIONS IN OUR CITY DO NOT HAVE STANDING COMMITTEES.

BUT YOU CAN HAVE AN AD HOC COMMITTEE.

WHICH IS THE NEXT SLIDE.

AND WHAT IS NOT A LEGISLATIVE BODY.

AN AD HOC COMMITTEE IS AN ADVISORY COMMITTEE THAT IS COMPOSED AGAIN SOLELY OF THE MEMBERS OF THE LEGISLATIVE BODY THAT ARE LESS THAN A QUORUM.

SO THAT IS A TWO MEMBERS OF A FIVE MEMBER BODY.

THEY HAVE A SINGLE O LIMITED PURPOSE.

IT IS FOR EXAMPLE PERHAPS IT IS LOOKING AT AN ORDINANCE WITH RESPECT TO SMOKING IN THE PARKS.

IF -- AND PUTTING ASIDE THE ISSUE OF OUTDOOR SMOKING AND DIFFERENT THINGS LIKE THAT.

BUT JUST LET'S SAY WE WANTED TO PROHIBIT SMOKING IN THE PARKS.

YOU WOULD CHARGE AN AD HOC WITH THAT ISSUE.

ITS ONLY PURPOSE IS TO LOOK AT THAT ISSUE.

IT'S NOT PERPETUAL MEANING IT DOESN'T EXIST YEAR IN AND YEAR OUT.

AND THE AD HOC COMMITTEE IS DISSOLVED WHEN THEIR TASK IS COMPLETED.

WHEN YOU HAVE MADE A RECOMMENDATION TO THE COUNCIL WITH RESPECT TO THAT ISSUE THEN THE AD HOC COMMITTEE NO LONGER EXISTS.

AND THAT IS NOT A LEGISLATIVE BODY, IT IS SUBJECT TO THE BROWN ACT SO IT'S NOT SUBJECT TO THE AGENDA REQUIREMENTS THAT THE BROWN ACT REQUIRES.

AND WITH THAT SEGWAY WE'LL GO INTO MEETINGS.

WHAT IS A MEETING? A MEETING OF A LEGISLATIVE BODY IS THE GATHERING OF A MAJORITY OF MEMBERS, AT THE SAME TIME AND SAME PLACE TO HEAR, DISCUSS, DELIBERATE, OR TAKE ACTION, ON A MATTER OF COMMISSION BUSINESS.

NOT JUST TO VOTE.

AND IT'S ON A MATTER THAT'S WITHIN YOUR SUBJECT MATTER JURISDICTION.

AND HERE IT'S IMPORTANT TO NOTE THAT A MEETING INCLUDES HEARING THE DISCUSSION.

NOT NECESSARILY TALKING ABOUT IT.

BUT IT ALSO INCLUDES HEARING.

SO IF THREE OF YOU ARE AT A SOCIAL EVENT AND SOMEHOW THE CONVERSATION GOES INTO A MATTER THAT IS WITHIN YOUR REALM, IF TWO OF YOU ARE DISCUSSING AND ONE IS HEARING THAT ITSELF WILL BE A BROWN ACT VIOLATION.

EVEN THOUGH THE THIRD PERSON IS NOT SPEAKING.

WHAT IS NOT A B MEETING? THERE ARE THE CEREMONIAL EVENTS, WHEN WE EVENT FOR HIGHWAY 111, MAJORITIES OF YOU WERE NOT THERE, THAT IS NOT A MEETING.

IF YOU ATTEND A MEETING OF THE CITY, FOR EXAMPLE, IF YOU ATTEND THE COUNCIL MEETINGS OR MEETINGS OF THE PLANNING COMMISSION, IF THERE'S THREE OF YOUR COMMISSIONERS THAT DO THAT, THAT IS NOT ALSO MEETING.

AND EDUCATION OR POLICY CONFERENCES AS WELL.

IF YOU ATTEND A CONFERENCE ON ART OR IF YOU ATTEND A LEAGUE MEETING, THOSE ARE NOT MEETINGS AS WELL.

ALSO NOT MEETINGS A OBSERVATION OF STANDING COMMISSION MEETINGS.

INDIVIDUAL CONTACTS JUST BETWEEN TWO MEMBERS IS NOT A MEETING BECAUSE IT IS LESS THAN A QUORUM.

HOWEVER, AND I'LL TALK ABOUT SERIAL MEETINGS IN JUST A MINUTE.

CONFERENCES AND AGAIN SEMINARS THAT ARE OPEN TO THE PUBLIC, COMMUNITY MEETINGS AS WELL.

SO WHAT IS AN ILLEGAL SERIAL MEETING? AND SO THAT IS A COMMUNICATION EITHER DIRECT OR INDIRECT BY TECHNOLOGY OR WITH OTHER PEOPLE, BY A MAJORITIES OF THE COMMISSION TO HEAR DISCUSS OR DELIBERATE TO TAKE ACTION ON AN ITEM OF COMMISSION BUSINESS OR POTENTIAL COMMISSION BUSINESS.

THE TYPE OF SERIAL MEETINGS IS WHAT IS CALLED HUB AND SPOKE WHERE COMMISSIONER A WILL TALK TO COMMISSIONER B, LET THEM KNOW THAT THEY'RE REALLY INTERESTED IN THIS LOCATION FOR A PIECE OF ART.

[00:15:04]

AND A BIG DECISION IS GOING TO HAPPEN AT THE COMMISSION MEETING.

AND SO THEN A ASKS B WHAT THEY THINK AND B TELLS A THAT THEY'RE NOT GOING TO VOTE, THEY'RE GOING TO VOTE NO.

AND SO A GOES TO C AND SAYS HEY, B AND I ARE GOING TO VOTE NO ON THAT.

WHAT'S YOUR VOTE.

SO THAT'S THE HUB AND SPOKE, THAT IS A, PROHIBITED SERIAL MEETING.

THE DAISY CHAIN IS WHEN COMMISSIONER A TALKS TO B, TALKS TO C AND SO FORTH.

AGAIN TO REACH A COLLECTIVE CONCURRENCE IN HOW THE DECISION IS GOING TO BE MADE OR THE DISCUSSION.

AND THESE -- AND EVEN AN UNINTENTION AT SERIAL MEETING IS STILL ILLEGAL.

IT'S INTERESTING NOW IN TIME OF TECHNOLOGY THAT TECHNOLOGY IS A GREAT THING.

BUT IT'S ALSO A WAY NOW THAT YOU HAVE THESE UNINTENTIONAL SERIAL MEETINGS, VIA THAT TECHNOLOGY.

FOR EXAMPLE, IF YOU HIT REPLY ALL, TO AN E-MAIL THAT IS E-MAILED TO YOU FROM YOUR -- LET'S SAY IT'S SOMEBODY THAT IS INTERESTED IN AN ISSUE WITH RESPECT TO A PARK AND THEY SEND AN E-MAIL TO ALL OF THE COMMISSIONERS.

AND ONE OF YOU REPLIES ALL TO THAT, WELL, THEN IF YOU ARE HAVING A CONVERSATION BACK AND FORTH ON THAT E-MAIL THEN YOU'RE ENGAGING IN A SERIAL MEETING.

BECAUSE IT'S SOMETHING WITHIN YOUR JURISDICTION.

AND HITTING THE REPLY ALL MEANS THAT ALL YOUR OTHER COMMISSIONERS ARE LOOKING AT THATTAGES THAT YOU'VE TOLD THAT MEMBER OF THE PUBLIC.

TEXT MESSAGING T MEMBERS OF THE COMMISSION.

SOCIAL MEDIA AND W DISCUSS A LITTLE BIT MORE ABOUT THAT BUT TWITTER INSTAGRAM AND FACEBOOK CAN RESULT IN INADVERTENT SERIA MEETING VIOLATION.

I SENT OUT A LETTER EARLIER THIS YEAR WHICH SHOULD HAVE GONE OUT TO ALL COMMISSIONERS REGARDING TO NEW SOCIAL MEDIA RULES, IF YOU DID NOT RECEIVE THAT E-MAIL PLEASE LET EVELYN KNOW AND WE'LL MAKE SURE YOU GET A COPY.

THE STATE LEGISLATURE FINALLY WITH THE BROWN ACT LAST MODERNIZED I SUPPOSE THE BROWN ACT WITH RESPECT TO SOCIAL MEDIA.

I'M NOT SURE WHEN THE LAST TIME IS THAT YOU'VE TALKED TO A PERSON ON THE PHONE.

THESE DAYS WE'RE T EVERYBODY INSTEAD OF FACE TO FACE OF COURSE WITH THE PANDEMIC.

BUT CERTAINLY JUST TALKING TO THEM ON THE PHONE WHATNOT.

SO AB 992 HAS PUT IN SOME PARAMETERS WITH SOCIAL MEDIA, AND THAT'S YOUR FACEBOOK, YOUR INSTAGRAM, YOUR TWITTER AND THE LIKE.

SO HERE ARE THE R SOMEBODY ON YOUR FACEBOOK PAGE ASKS YOU A QUESTION, IT'S OKAY TO ANSWER THAT QUESTION.

CAN YOU TELL THEM THAT THE PARK IS OPEN FROM YOU KNOW SUN UP TO SUNDOWN.

OR YOU CAN PROVIDE INFORMATION.

HOWEVER, IF THERE IS A POST THAT YOU SEE, LET'S SAY IT'S ON JUST ANOTHER SOCIAL MEDIA PAGE OR EVEN YOUR OWN, THAT YOU'VE MADE A POST, YOU AS A COMMISSIONER NOT EVEN ONE COMMISSIONER CAN HAVE INTERACTION BASED ON THAT POST.

SO I POST SOMETHING ON MY FACEBOOK PAGE COMMISSIONER AND I SAY, WE'RE GOING TO HAVE A REALLY IMPORTANT MEETING TONIGHT WITH RESPECT TO OUR PARKS.

AND WE REALLY NEED EVERYBODY TO COME OUT THERE SO WE ENCOURAGE YOU TO COME OUT, ET CETERA, ET CETERA.

SO ANOTHER COMMISSIONER WHO I SIT ON THE COMMISSION WITH CANNOT EVEN POST A LIKE, OR AN EMOJI OR MAKE A COMMENT.

BECAUSE UNDER AB 992 THAT IS NOW PROHIBITED.

EVEN THOUGH I'VE JUST SAID THAT TWO MEMBERS OF A COMMISSION CAN TALK TO EACH OTHER, PHYSICALLY HAVE THAT CONVERSATION, WHEN YOU'RE ON SOCIAL MEDIA THAT'S PROHIBITED.

SO THAT'S A REALLY IMPORTANT KEY.

BECAUSE WHEN YOU THINK OF WHAT A MEETING IS, IT'S THREE MEMBERS OF THE COMMISSION.

BUT THE CALIFORNIA LEGISLATURE HAD SAID, IN SOCIAL MEDIA CONTEXT IT IS ONLY TWO MEMBERS.

SO THAT INCLUDES AGAIN ANY INTERACTION, ANY RESPONSES AND ANY DIGITAL ICONS WHICH WE ALL KNOW AS EMOJIS.

SO ALSO HERE, AND I'M GOING TO GO TO ANOTHER TOPIC AGAIN ON SERIAL MEETINGS, IS SOMETIMES YOU WILL MEET WITH STAFF.

JUST TO PREPARE FOR THE MEETING TO ASK QUESTIONS.

AND THOSE I BRIEFINGS BY STAFF THEY ARE PERMITTED, AS LONG AS THEY ARE UNIDIRECTIONAL.

NEITHER PARTY ASKS FOR THE COMMISSION MEMBERS' VIEWS.

SO THAT'S VERY IMPORTANT.

BUT WE WANT YOU TO GET INFORMATION IF THINGS ARE NOT CLEAR ON THE AGENDA, AND

[00:20:06]

THOSE TYPES OF BRIEFINGS ARE PERMITTED.

YOU MAY ALSO HAVE INDIVIDUAL MEETINGS WITH CONSULTANTS OR COMMUNITY MEMBERS JUST DEPENDING ON WHAT YOUR ROLE IS.

BUT AGAIN MAKE SURE YOU'RE NOT SHARING OTHER COMMISSIONERS VIEWS, YOU'RE NOT MAKING COMMITMENTS, YOU'RE MAKING YOU CLEAR, IT'S NOT MISINTERPRETED.

WITH RESPECT TO I ARE LAND USE DECISIONS, AND SO ALL OF YOUR COMMISSIONS DON'T REALLY DELVE INTO THAT BUT I JUST WANTE AWARE OF THAT INFORMATION.

SO THE NEXT DONIC W GOING TO GO INTO IS THE RULES EVOLVING MEETING AGENDAS.

SO YOU KNOW ALL THAT GOES INTO PUTTING A MEETING TOGETHER.

THE CLERK AND EVELYN, THE STAFF REALLY -- THEY'RE ONES WHO KNOW THESE RULES WHO PUT THESE AGENDA ITEMS TOGETHER FOR YOU.

DEBRA, JESUS, KEVIN.

AND SO YOU KNOW BUT I IT'S IMPORTANT FOR OTHE COMMISSION TO KNOW AS WELL WHAT THOSE RULES ARE.

SO THERE ARE FOUR TYPES OF MEETINGS, REGULAR, SPECIAL, ADJOURNED AND EMERGENCY.

AND WITH COMMISSIONS, YOU USUALLY I GUESS LIVE IN THE WORLD OF REGULAR MEETINGS AND SPECIAL MEETINGS.

IT'S UNUSUAL THAT Y NEVER HAVE AN EMERGENCY MEETING.

AN ADJOURNED MEETING IS ALSO AN UNUSUAL OCCURRENCE BUT AGAIN WE'LL JUST HIGHLIGHT WHAT THOSE MEAN.

SO WITH YOUR REGULAR MEETING, AN AGENDA HAS TO BE POSTED 72 HOURS IN ADVANCE.

THERE HAS TO B DESCRIPTION OF ITEMS ON THE AGENDA.

AND THE POSTED AGENDA HAS TO BE FREELY ACCESSIBLE TO THE PUBLIC.

SO WITH THE BRIEF DESCRIPTION OF ITEMS OF BUSINESS, DOESN'T HAVE TO BE LONG BUT IT CAN'T BE SO SHORT THAT NO ONE KNOW ITEM OF BUSINESS YOU'RE SPEAKING TO.

SO I CAN'T BE I'D L ADOPT, IT CAN'T BE ADOPTION OF A RESOLUTION REGARDING ART.

THAT REALLY DOESN'T TELL YOU ANYTHING ABOUT WHAT YOU'RE PLANNING TO DISCUSS.

ADOPTION OF A RESOLUTION REGARDING ARTS IN THE PARK AND ADOPTING A NEW PROGRAM FOR TEENS AND TWEENS.

THAT GIVES YOU MORE DESCRIPTION.

WITH RESPECT TO THE POSTED AGENDA BEING FREELY ACCESSIBLE TO THE PUBLIC, YOU GO TO ANY CITY HALL OUTSIDE OF CITY HALL YOU'L SEE EITHER A GLASS CASE OR A BULLETIN BOARD.

AND STILL, EVEN IN THIS DAY AND AGE OF TECHNOLOGY, THOSE POSTED AGENDAS, THE AGENDAS ARE POSTED OUTSIDE OF CITY HALL.

AND THE REASONING FOR THAT AND THERE'S AN ATTORNEY GENERAL'S OPINION THAT SPEAKS TO THIS, IS THAT SOMEBODY HAS TO BE ABL GET OUT OF BED IN THE MIDDLE OF THE NIGHT, THIS IS THE AG'S OPINION, GO DOWN TO CITY HALL, LOOK AT THE AGENDA, LOOK AT THE BULLETIN BOARD, SAY I'M GOING TO COME BACK DORM BECAUSE I'M REALLY INTERESTED IN THAT ITEM.

THERE WAS ANOTHER AG'S IDEA WHETHER KIOSKS WERE REALLY POPULAR.

WE REPLACE THAT BULLETIN BOARD WITH A KIOSK.

THE ATTORNEY G NO.

THE KIOSK COULD BREAK DOWN.

TECHNOLOGY IS NOT CERTAIN SO THAT BULLETIN BOARD IS PRETTY CERTAIN AS WELL.

SO AGAIN, IT'S JUST MAKING SURE THAT THE PUBLIC KNOWS WHAT IS GOING TO BE ON THE AGENDA.

AND THEN LATER AND I'D S FIVE YEARS AGO OR SOMEWHERE AROUND THERE THE LEGISLATURE ALSO ADOPTED A RULE WITH RESPECT TO POSTING AGENDAS ON THE CITY'S WEBSITE.

AGAIN THIS ONLY APPLIES IF A CITY HAS A WEBSITE BUT I DON'T KNOW OF ANY CITY THAT DOESN'T HAVE A TODAY.

AND SO AN AGENDA NOT ONLY HAS TO BE POSTED REGULAR POSTING PLACE, IT ALSO HAS TO BE POSTED ON WEBSITE.

AND THIS IS FOR -- AND IT'S INTERESTING.

THIS IS FOR THE GOVERNING BODY AND FOR ANY LEGISLATIVE BODY THAT HAS A GOVERNING BODY AS A MEMBER.

SO WHAT THIS MEANS IS IT REALLY JUST APPLIES TOT CITY COUNCIL.

THAT SAID, WE HAVE A PRACTICE, WITH THE CITY CLERK'S OFFICE THAT WE POST ALL OF OUR AGENDAS ON THE CITY'S WEBSITE.

AGAIN, WITH TECHNOLOGY, THAT'S WHERE A LOT OF PEOPLE HAVE ACCESS, TO KNOW WHAT'S GOING ON IN CITY HALL.

ALSO AS PART OF A REGULAR MEETING, THE PUBLIC HAS AN OPPORTUNITY TO ADDRESS THE LEGISLATIVE COMMISSION ON ANY ITEM ON THE AGENDA.

IF THIS WAS CITY COUNCIL IT WOULD INCLUDE CLOSED SESSION ITEMS AND ALSO ANY NONAGENDIZED ITEM THAT IS WITHIN THE LEGISLATIVE BODY'S SUBJECT MATTER JURISDICTION.

AND THAT'S CONSIDERED YOUR GENERAL PUBLIC COMMENT PERIOD.

[00:25:04]

QUICKLY ON SPECIAL MEETINGS AND A LOT OF THE SAME RULES APPLY BUT THERE ARE SOME DIFFERENCES.

A SPECIAL MEETING CAN BE CALLED BY THE CHAIR CAN BE CALLED BY A MAJORITY OF THE LEGISLATIVE BODY USUALLY THAT IS, I'VE JUST TOLD YOU THREE OF YOU CAN'T GET TOGETHER TO DISCUSS SOMETHING.

BUT THE PLEASURE HAS S THREE OF YOU CAN GET TOGETHER WHEN YOU WANT TO DISCUSS WHEN YOU WANT A SPECIAL MEETING.

USUALLY THAT IS DONE WITH THE HELP OF THE COMMISSION SECRETARY, IN TERMS OF CALLING THE SPECIAL MEETING AND WHAT THE TOPIC IS GOING TO BE.

WITH THE SPECIAL MEETING, NOTICE MUST BE POSTED 24 HOURS IN ADVANCE.

NOTICE ALSO HAS TO BE SINT TO THE MEDIA AND THE NEWSPAPERS IF THEY REQUEST NOTICE IN WRITING.

THE NOTICE HAS TO STATE THE TIME AND PLACE OF THE MEETING AND ALSO, ALL BUSINESS TO BE TRANSACTED.

THE BUSINESS HERE WITH THE SPECIAL MEETING AND ALSO WITH PUBLIC COMMENT IS THAT PUBLIC COMMENTS ARE LIMITED TO WHAT IS ON THE AGENDA ONLY.

A SPECIAL MEETING AGAIN NEEDS TO BE POSTED.

WE'VE TALKED ABOUT THAT.

THIS REALLY APPLIES TO COUNCIL BUT JUST WANTED SLAYER THAT WITH YOU IN TERMS OF SPECIALTY MEETINGS.

PROHIBITED FROM DISCUSSING SALARY SCHEDULES OF LOCAL DEPARTMENT HEADS CITY MANAGERS AND ET CETERA.

AN ADJOURNED M REGULAR OR SPECIAL MEETING CAN ARE ADJOURNED TO A SPECIFIC TIME AND PLACE AND IF NO TIME IS STATED THEN THE MEETING CONTINUES AT THE SAME HOUR FOR A REGULAR MEETING.

WHERE YOU SEE ADJOURNED MEETINGS IS WHEN YOU DON'T HAVE A QUORUM.

IF THERE IS ONLY THE SECRETARY OR THE CLERK IF THE TWO OF YOU ONLY ATTEND, THEN YOU PROVIDE NOTICE IN THE SAME MANNER AS A SPECIAL MEETING.

SO IF TODAY WAS MONDAY, WE HAD A MEETING, NO ONE SHOWED UP, LET'S SAY TWO PEOPLE SHOWED UP BUT IT TURNS OUT EVERYONE CAN MAKE WEDNESDAY, THEN THAT MEETING ON MONDAY CAN BE ADJOURNED TO WEDNESDAY, AND WHA OCCUR IS THAT THE CLERK WILL PUT OUTSIDE OF THE DOOR, WHEN WE USED TO COME INTO CITY HALL, BUT THEY'LL POST A NOTICE OF ADJOURNMENT AND THAT WILL BE NEAR THE DOOR WHERE THE MEETING ENTRANCE IS HELD WITHIN 24 HOURS AND THAT REGULAR MEETING THAT WAS ADJOURNED STILL IS A REGULAR MEETING.

IF YOU ADJOURN TO A DATE NOT MORE THAN FIVE CALENDAR DAYS YOU DON'T HAVE TO RENOTICE PRIOR ITEMS BUT WE DO AND YOU STILL NEED TO POST A NOTICE OF ADJOURNMENT.

I'VE NOT SEEN MANY QUESTIONS WITH RESPECT TO MEETINGS DURING THE PANDEMIC.

IT'S SO EASY TO P MEETING, ADJOURNED MEETINGS HAVEN'T COME UP.

AGAIN, DIRE EMERGENCY, BACK LAST YEAR IN MAY, YOU SAW THAT A LOTS OF THOSE MEETINGS WERE CALLED, AND ALSO, IF THERE IS CRIPPLING ACTIVITY, WORK STOPPAGE, SOME OTHER ACTIVITY FOR HEALTH AND SAFETY, USUALLY THAT PERTAINS TO FIRES AND FLOODS.

THE EMERGENCY IS DETERMINED BY THE LEGISLATIVE BODY.

THEY CAN MEET IN CLOSED SESSION AS LONG AS THEY HAVE A TWO-THIRDS VOTE.

THE KEY TO EMERGENCY MEETINGS BECAUSE IT'S A TRUE EMERGENCY IS YOU DON'T HAVE TO COMPLY WITH THE OR THE NOTICE REQUIREMENTS.

THERE ARE OTHER R AS FAR AS NOTIFYING THE PRESS.

YOU HAVE TO H THAT ARE POSTED AS SOON AS POSSIBLE.

THE MINUTES NEED TO BE REMAIN POSTED FOR TEN DAYS AND SO THAT'S REALLY THE KEY WITH EMERGENCY MEETINGS.

NEXT I WANTED TO T AGENDA AND AGENDA PACKETS AND JUST GIVE YOU AN OVERVIEW WITH RESPECT TO THAT ASPECT OF WHAT GOES INTO A MEETING.

ALL AGENDA AND PACKETS, THE AGENDA FACE SHEET ALSO THE ITEMS WITHIN THAT AGENDA, MUST BE PUBLICLY ACCESSIBLE.

IF ANY WRITING THAT'S DISTRIBUTED TO LEGISLATIVE BODY IS A PUBLIC RECORD, AS WELL, SO IF SOMEBODY SUBMITS SOMETHING IN THE RECORD, AND THAT IS A PUBLIC RECORD THAT NEEDS TO BE MADE AVAILABLE TO ANYBODY WHO REQUEST IT.

THERE IS A CONCEPT WHICH IS ALWAYS KIND OF INTERESTING IN SOME ASPECTS, YOU KNOW, THE BROWN ACT HASN'T CAUGHT UP WITH THE TIMES OF, YOU KNOW, PDFS AND E-MAILING AND WHATNOT.

BUT THERE IS A CONCEPT IN THE BROWN ACT THAT SOMEONE CAN REQUEST FOR A FEE A YEARLY SUBSCRIPTION TO OUR AGENDAS.

AND IT'S TO THOSE WHO REQUEST IT IN WRITING.

AND IF THAT OCCURS THEN AT THE SAME TIME THERE IS DISTRIBUTED TO THE

[00:30:02]

LEGISLATIVE BODY THEN IT WOULD ALSO BE DISTRIBUTED TO THAT PERSON WHO REQUESTED THAT SUBSCRIPTION.

BACK IN THE OLD DAYS THAT WOULD BE VIA MAIL WOULD HAVE SOMEONE DELIVERING YOUR PACKET OF INFORMATION BUT NOW IT'S ON E-MAIL TO LET YOU KNOW THE AGENDA IS READY AND UP FOR YOUR REVIEW.

SO SOMETIMES YOU'LL H DOCUMENTS THAT ARE DISTRIBUTED AFTER THE AGENDA IS POSTED.

IN THAT CASE THE LEGISLATURE ADOPTED THIS RULE A OF YEARS AGO TO MAKE SURE THAT THE MEMBERS OF THE PUBLIC CAN ALSO SEE THAT DOCUMENT.

THIS RULE PROVIDES THAT I THERE IS A WRITING THAT IS DISTRIBUTED AFTER THE AGENDA'S POSTED WITHIN THAT 72 HOURS OF THE MEETING, THAT THAT WRITING MUST BE AVAILABLE OR THE PUBLIC INSPECTION AT THE SAME TIME.

AND THE AVAILABILITY OF THAT WRITING IS LISTED AGENDA, IT'S TYPICALLY CITY HALL, OR THE LIBRARY.

THE AGENDA HAS TO CONTAIN THE LOCATION AND YOU COULD ALSO POST IT ON THE INTERNET.

SINCE WE HAVE BEEN DOING ALL OUR MEETINGS IN THE VIRTUAL ENVIRONMENT, I KNOW THAT STAFF POSTS THESE TYPES OF THINGS ALONG WITH E-MAIL COMMENTS AND OTHER WRITINGS ON THE FACE PAGE OF THE AGENDA.

EVELYN DOES JUST A G SO KUDOS TO HER GETTING ALL THAT STUFF DONE IN TERMS OF MAKING SURE THAT IT'S ON THE FACE PAGE OF OUR INTERNET OF OUR WEBSITE.

WHERE THE MEETING IS LOCATED.

WHEN WE GO BACK TO REAL MEETINGS IN PERSON IF THERE'S A DOCUMENT THAT WE AS STAFF DISTRIBUTE THEN WE NEED TO MAKE AVAILABLE TO A MEMBER OF THE PUBLIC.

I KNOW I ALWAYS W MAKE SURE THAT THERE WAS EITHER A TABLE OR SOMEWHERE THAT EXTRA COPIES WERE AVAILABLE TO MEMBERS OF TH PUBLIC WHILE WE WERE HAVING OUR LIVE MEETING.

AND IF A D DISTRIBUTORRED BY A THIRD PERSON USUALLY THEY DISTRIBUTE IT TO JUST MEMBERS OF THE CITY COUNCIL.

AND THEY DON'T ALWAYS BRING EXTRA COPIES.

IT MUST BE AVAILABLE AFTER THE MEETING.

SO USUALLY IN THE MORNING SOMETIMES WE WILL AND MAKE COPIES OF THOSE ITEMS. IT JUST DEPENDS ON T CIRCUMSTANCES.

THERE ARE TIMES WHEN OF COURSE THAT -- WELL LET ME SAY THAT DIFFERENTLY.

THE RULE IS, FOR AN ITEM THAT IS NOT ON THE POSTED AGENDA YOU CANNOT HAVE A DISCUSSION OR MAKE A DECISION ON SUCH AN ITEM.

AND THAT'S AN ABSOLUTE RULE FOR SPECIAL MEETINGS.

THERE IS AN EXCEPTION FOR REGULAR MEETINGS AND THAT'S WHAT I WANTED TO TALK ABOUT.

WITH THAT SAID, I'M GOING TO BE SPEAKING TO ARE NOT ON THE POSTED AGENDA AND WHAT THOSE ARE.

SO YOU CAN ADD AN ITEM TO THE AGENDA.

HOWEVER, THIS IS VERY SPECIFIC WITH RESPECT TO THE CIRCUMSTANCES.

IT NEEDS TO BE AN ITEM THAT CAME TO THE ATTENTION AFTER THE AGENDA WAS POSTED.

THERE NEEDS TO BE A NEED TO TAKE ACTION BEFORE THE NEXT MEETING.

AND YOU HAVE TO HAVE A FOUR FIFTH VOTE TO PLACE THAT ITEM ON THE AGENDA .

THE BEST EXAMPLE I CAN GIVE BECAUSE THIS RARELY BUT SOMETIMES IT DOES, FOR A LOT OF STATE GRANTS NEED -- THEY REQUIRE A RESOLUTION BY THE CITY COUNCIL TO BE ADOPTED.

SO LET'S SEE OUR MEETING IS ON TUESDAY.

WE RECEIVED LATE AFTERNOON MONDAY, AN E-MAIL THAT WE NEEDED TO ADOPT A RESOLUTION FOR THAT PARTICULAR GRANT.

AND IT NEEDS T SACRAMENTO BY FRIDAY.

AND SO YOU HAVE A MEETING NEXT DAY.

THE STAFF WILL PRESENT THE ITEM TO BE ADDED TO AGENDA AND YOU'LL MAKE THESE FINDINGS.

WE GOT THE PHONE W EVENING.

WE ARE IN LINE FOR THIS GRANT.

THEY NEED A RESOLUTION.

IT NEEDS TO GET THERE BY FRIDAY.

AND SO WE NEED TO TAKE ACTION BEFORE OUR NEXT MEETING WHICH WOULD BE IN TWO WEEKS.

AND SO THEN THEY PRESENT THAT, THE CITY ADOPTS THOSE FINDINGS BY A TWO-THIRDS VOTE WHICH BY FOUR AFFIRMATIVE VOTES.

AND ONCE THAT ITEM IS A ADDED ON THE AGENDA, THEN WHAT OCCURS IS THAT YOU ESSENTIALLY MAGICALLY HEAR THAT ITEM.

SO THERE'S REALLY TWO S IN THIS.

ONE IS TO ADD IT ON THE AGENDA AND THE SECOND STEP IS TO HEAR THE RESOLUTION AND THE DISCUSSION RESPECT TO THAT.

SOME OTHER EXCEPTIONS, AND YOU PROBABLY HAVE ENGAGED IN THESE.

IS WHEN YOU MAKE A BRIEF RESPONSE TO COMMENTS OR QUESTIONS FROM THE PUBLIC, WHEN YOU CLARIFICATION OR REFERENCE FROM STAFF, WHEN YOU MAKE A BRIEF ANNOUNCEMENT, OR REPORT ON YOUR ACTIVITIES, OR IF YOU REQUEST THE PLACEMENT OF AN ITEM ON THE FUTURE AGENDA, ALL OF THOSE ARE NOT ITEMS THAT ARE ON THE POSTED AGENDA BUT THESE ARE EXCEPTIONS THAT YOU CAN ENGAGE IN.

[00:35:05]

SO SOMETIMES WE STRAY OFF TOPIC OR DISCUSSION OF NONAGENDA ITEMS. YOUR STAFF IS PRETTY GOOD AT KEEPING YOU ON TRACK.

SOMETIMES A MEMBER OF THE PUBLIC WILL BRING AN ISSUE UP AND IT JUST WARRANTS DISCUSSION OR IT JUST, YOU KNOW, LENDS ITSELF TO HAVE THIS ROBUST DISCUSSION BY THE COMMISSION AND YOUR STAFF LIAISON WILL STEP IN AND SAY THAT'S A GREAT, YOU KNOW, GOOD CONVERSATION.

HOWEVER THIS IS NOT AN I ON THE AGENDA.

WE CAN PUT THIS ON THE NEXT AGENDA IF YOU WOULD LIKE.

AND THAT WAY YOU WOULD HAVE A DISCUSSION WITH RESPECT TO THAT ITEM THAT JUST CAME UP FROM LET'S SAY A THE PUBLIC.

AND NOT BE IN VIOLATION OF THE BROWN ACT.

JUST MOSTLY HOUSEKEEPING MATTERS.

REALLY THE FIRST O PERTAINS TO THE COMMISSION IS TO PUBLICLY REPORT INDIVIDUAL VOTES OR ABSTENTIONS.

HOWEVER IN OUR ZOOM ENVIRONMENT THAT IS -- A ROLL CALL VOTE IS REQUIRED FOR EVERY ITEM.

I WANTED TO TALK A LITTLE BIT ABOUT PUBLIC PARTICIPATION.

MEMBERS ARE AN IMPORTANT PART OF OUR MEETINGS AND THE MEMBERS OF THE PUBLIC DO HAVE A RIGHT TO SPEAK ON ANY ITEM OF INTEREST WITHIN THE SUBJECT MATTER JURISDICTION OF THE CITY WITHIN YOUR GENERAL PUBLIC COMMEN PERIOD AND THEY ALSO HAVE THE RIGHT TO SPEAK ON A SPECIFIC ITEM OF BUSINESS BEFORE OR DURING THE BODY ANSWER CONSIDERATION OF THAT ITEM AT ANY MEETING.

THE PUBLIC ALSO REQUIRED TO REGISTER OR NOT REQUIRED TO SUBMIT A SPEAKER CARD.

YOU KNOW, NOW THAT WE'RE DOING VIRTUAL CERTAINLY IT'S THIS RULE -- I DON'T BELIEVE DON'T VIOLATE THIS RULE BECAUSE FROM THE PRACTICAL ASPECTS OF HAVING MEMBERS OF THE PUBLIC NEED T OR PROVIDE AN E-MAIL, OR WE CALL THEM BACK, OR NOW A LITTLE BIT EASIER I THINK WITH ZOOM BECAUSE THEY HAVE THAT ZOOM INFORMATION.

AND THEN THE SECRETARY CAN RECOGNIZE THEM.

SO IT'S A LITTLE BIT DIFFERENT IN THE WORLD THAT WE'RE LIVING IN NOW.

BUT UNDER THE REGULAR RULES, WE DON'T HAVE -- WE CANNOT REQUIRE THEM TO HAVE THEM GIVE US THEIR NAME OR THEIR ADDRESS.

WE CAN ASK BUT THEY'RE NOT REQUIRED TO DO THAT.

TIME LIMITS ARE PERFECTLY FINE, THEY'RE OKAY, A OF THE PUBLIC COULD RECORD A MEETING IF THEY WANTED LONG AS IT DOESN'T DISRUPT OUR MEETING.

THEY ARE PERMITTED TO SPEAK ON ANY ITEM WITHIN YOUR JURISDICTION.

THEY CAN BE REQUIRED TO ABIDE BY RULES OF DECORUM IF YOU HAVE THOSE RULES BUT THEY COULD NOT ACT IN A WAY THAT WOULD DISRUPT THE COMMISSION MEETING.

AS WELL A MEMBER OF THE PUBLIC HAS RIGHTS WITH RESPECT TO CRITICISM.

MEANING THAT T RIGHT TO CRITICIZE THE CHAIR, THE COMMISSION MEMBERS, THE STAFF.

THEY CAN'T BE FORCED TO STOP OR BE EXCLUDED FOR THEIR COMMENTS OR THEIR CRITIQUE.

BUT THE CHAIR CAN ENFORCE TIME LIMITS OR PROHIBIT ANY KIND OF ACTION THAT WOULD CAUSE AN ACTUAL DISRUPTION OF THE MEETING.

HOWEVER, THAT'S USUALLY WHEN WE'RE LIVE AND IN PERSON.

IN TERMS OF THE PUBLIC COMMENT AND COMMISSIONER QUESTIONS, YOU CAN ASK THE SPEAKER TO CLARIFY ANY COMMENTS THEY HAVE AFTE TIME HAS EXPIRED.

COMMISSIONER QUESTIONS TO SPEAKERS SHOULD NOT BE FOR THE PURPOSE OF DEBATING AN ISSUE AND JUST DOES IT DIFFERENTLY.

PUBLIC COMMENTS ARE NOT REQUIRED TO BE INCLUDED IN THE MINUTES VERBATIM.

THEY CAN BE DONE IN SUMMARY FORM OR LISTED IN THE NAME OF THE PERSON WHO PROVIDED A COMMENT.

JUST CLOSED SESSION.

YOU'LL NEVER HAVE A CLOSED SESSION, JUST THE NATURE OF THE BUSINESS THAT YOU DO DOESN'T LEND ITSELF TO IT.

BUT COUNCILS DO AND T STRICTLY LIMITED TO CERTAIN TOPICS.

THE COVID MODIFICATIONS THAT WE'VE BEEN UNDER FOR THE LAST YEAR, ZOOM MEETINGS ARE FINE.

ALL COMMISSIONERS OR ONLY A FEW CAN CALL IN.

WE ARE REQUIRED TO LIVE STREAM THE PUBLIC MEETING TO ALLOW PUBLIC VIEWING.

WHETHER IT'S A ZOOM STREAM OR A FACEBOOK OR YOUTUBE STREAM.

WE ARE NOT REQUIRED TO HAVE THE COMMISSION PHYSICALLY PRESENT IN THE CHAMBERS.

WE ARE REQUIRED TO ALLOW THE PUBLIC TO SUBMIT PUBLIC COMMENTS, THE AGENDA NEEDS TO EXPLAIN HOW TO SUBMIT THOSE PUBLIC COMMENT WELL.

SO THAT IS IT FOR THE BROWN ACT.

JUST LOOKING AT M HERE.

I THINK WE'RE PRETTY GOOD.

SO CONFLICTS.

CONFLICTS, THERE ARE A LOT OF DETAILS, LOT OF STATUTES.

THE FAIR POLITICAL PRACTICES COMMISSION GOVERNS THE ISSUE OR GOVERNS THE WORLD OF

[00:40:03]

CONFLICTS OF INTEREST FOR LOCAL JURISDICTIONS.

AND THEY HAVE IN THE PAST IN THE LAST COUPLE TAKEN IT UPON THEMSELVES TO ATTEMPT TO MAKE THE EASIER.

AND MORE READER FRIENDLY BUT THAT IS NOT ALWAYS THE CASE.

THERE ARE A LOT OF DEFINITIONS, A LOT OF EXCEPTIONS.

REALLY WHAT I STATED OUT IN THE BEGINNING, THE FOR YOU TO BE ABLE TO IDENTIFY CONFLICT ISSUES SO YOU CAN EITHER CALL STAFF OR THE CITY ATTORNEY.

AND I THINK TOO, THAT THE NATURE OF WHAT YOU DO WILL NOT ALWAYS LEND ITSELF TO EVERY TYPE OF CONFLICT, FINANCIAL INTEREST.

BUT I DID WANT TO GIVE YOU AN OVERVIEW OF EVERYTHING.

I THINK MOST TYPICAL THING YOU'LL SEE IS REAL PROPERTY.

SO WE'LL GO AHEAD AND GET INTO THAT.

SO THE POLITICAL REFORM ACT OF 1974, IF YOU NOTICE THE DATE IT WAS ADOPTED AFTER WATERGATE IS WHAT GOVERNS CONFLICTS OF INTEREST.

AND THE BASIC RULE H THAT A PUBLIC OFFICIAL MAY NOT PARTICIPATE IN ANY DECISION IF IT IS REASONABLY FORESEEABLE THAT THE DECISION WILL HAVE A MATERIAL FINANCIAL EFFECT ON THE OFFICIAL' INTEREST.

AND I WILL BREAK IT DOWN FOR YOU IN TERMS OF THE KEY ASPECTS OF IT.

WHICH REALLY IS A MATERIAL FINANCIAL EFFECT AND YOUR OWN FINANCIAL INTEREST OF WHICH THERE ARE SEVERAL.

ALL OF YOU FILL OUT A FORM 700 FORM.

THEY'RE DUE APRIL 1ST.

I'M SURE YOU HAVE ADMINISTRATOR FILLED YOURS OUT ALREADY.

THAT IS REALLY A GUIDE IN TERMS OF WHAT THOSE MATERIAL FINANCIAL INTERESTS ARE OF YOURS WITH RESPECT TO THE QUESTIONS THEY ASK AND THE SCHEDULES YOU FILL OUT WITH RESPECT TO REAL PROPERTY, WITH RESPECT TO YOU ALSO GIFTS.

AS WELL AS IN ANY BUSINESS POSITIONS THAT YOU MAY HAVE.

SO PARTICIPATING IN A DECISION UNDER THE RULE, THE BASIC RULE, IS MUCH MORE THAN A VOTE.

IF YOU HAVE A CONFLICT OF INTEREST, THEN YOU NEED TO NOT PARTICIPATE IN WHAT'S CALLED MAKING THIS DECISION.

YOU CANNOT PARTICIPATE IN THE STEPS LEADING TO THE DECISION.

AND YOU CANNOT USE OR ATTEMPT TO USE YOUR OFFICIAL POSITION TO INFLUENCE THE ULTIMATE DECISION.

AND WHAT THIS MEANS IS T IF YOU HAVE A CONFLICT YOU CANNOT THEN OUTSIDE THE MEETING GO TO YOUR FELLOW COMMISSIONERS AND URGE THEM TO VOTE YES IF THAT IS WHAT YOU WOULD LIKE THEM TO DO BECAUS PARTICIPATING IN THE DECISION, EVEN THOUGH YOU'RE NOT DOING IT IN THE DAIS AND YOU STEPPED DOWN.

SO YOUR FINANCIAL INTERESTS, WHAT ARE THEY? THEY'RE YOUR REAL P INTERESTS INCLUDING LEASES OF $2,000 OR MORE.

THEY'RE YOUR SOURCES OF INCOME, OF $500 OR MORE.

12 MONTHS BEFORE A DECISION IS MADE.

THEY'RE YOUR BUSINESS INTERESTS AND INVESTMENTS WORTH $2,000 OR MORE.

GIFTS OF $500 FROM A S SOURCE OVER 12 MONTHS BEFORE THE DECISION.

AND YOUR PERSONAL FINANCES.

WHETHER THAT'S EXPENSES, INCOME, ASSETS LIABILITIES.

SO WE'LL TALK ABOUT HERE REALLY QUICKLY A PROPERTY INTEREST, A PROPERTY THAT'S OWNED BY YOU, YOU OR YOUR SPOUSE OR OWNED SEPARATELY IN A COMMUNITY PROPERTY YOUR SPOUSES'S INCOME IS IMPUTED TO YOU.

IF YOUR INDEPENDENT CHILDREN FROM PROPERTY THAT'S IMPUTED TO YOU AS WELL.

LEASEHOLD INTEREST NOT A MONTH TO MONTH, THAT IS A REAL PROPERTY INTEREST.

SO IF THE DECISION WILL HAVE A FINANCIAL EFFECT ON YOUR REAL PROPERTY'S INTEREST THEN YOU HAVE A CONFLICT AND CAN YOU NOT PARTICIPATE .

AND YOU MAY NOT PARTICIPATE IF THERE IS A DIRECT INTEREST WHICH MEANS THAT THERE IS A DECISION THAT'S GOING TO APPROVE OR REVOKE LAND USE PERMIT FOR YOUR PROPERTY.

AGAIN, THIS IS SOMETHING THAT DOESN'T REALLY COME UP IN THE CHARGE OF YOUR COMMISSION OR CHANGES THE GENERAL LAND USE DESIGNATION OR LAND USE FOR YOUR PROPERTY.

HOWEVER I THINK THE OTHER RULE WHICH IS CALLED THE 500 FOOT RULE IS THERE IS A BRIGHT LINE RULE THAT PROPERTIES WITHIN 500 FEET OF YOUR PROPERTY OR EXCUSE ME LET ME REPHRASE THAT.

IF THE PROPERTY SUBJECT TO THE DECISION IS CLOSE TO YOUR PROPERTY WITHIN 500 FEET, YOU ARE PRESUMED TO HAVE A MATERIAL FINANCIAL EFFECT.

THE BEST ONE I CAN THINK OF, LET'S PICK THE ART COMMISSION.

LET'S SAY THE ART COMMISSION IS LOOKING AT DETERMINING WHERE THEY'RE GOING TO PLACE A NEW PIECE OF ART AND THE LOCATION THAT THE RIGHT NEXT DOOR TO YOUR

[00:45:01]

HOUSE.

WELL, THAT'S LESS T FEET AND YOU WEREN'T ABLE TO PARTICIPATE BECAUSE IT'S PRESUMED THAT THAT DECISION WILL IMPACT AND HAVE MATERIAL FINANCIAL IMPACT ON YOUR PROPERTY.

WHETHER IT IS I NEGATIVE OR THE POSITIVE.

AND SO YOU WOULD HAVE TO RECUSE YOURSELF AND NOT PARTICIPATE IN THAT DECISION.

THE FEPC ALSO PROVIDED ANOTHER RULE WHICH IS THE 500 FEET TO A THOUSAND FEET.

AND THIS ONE IS A LITTLE BIT MORE SQUISHY, MEANING THAT THERE'S ROOM FOR INTERPRETATION.

HERE, ON THIS M STANDARD IT SAYS THAT THAT AGAIN USING THE ART EXAMPLE, IF YOUR PROPERTY IS LOCATED WITHIN 500 FEET TO THOUSAND FEET AND IF THE DECISION WOULD CHANGE YOUR PROPERTY'S DEVELOPMENT POTENTIAL, HIGHEST AND BEST USE, THE CHARACTER OF YOUR PROPERTY INCLUDING TRAFFIC LEVELS, VIEW, PRIVACY, NOISE LEVEL, MARKET VALUE, AND THEN THAT DECISION SAY IT AFFECTS ONE OF THESE ITEMS, AND IT COULD, AN PIECE THAT'S VERY POPULAR THAT EVERYBODY WANTS TO SEE WOULD BRING TRAFFIC TO YOUR NEIGHBORHOOD, EVEN THOUGH YOU'RE NOT NEXT DOOR AND LET'S SAY YOU'RE 880 FEET AWAY IT DOES CHANGE THE CHARACTER OF YOUR PROPERTY.

SO IN THAT INSTANCE Y WOULD HAVE TO ABSTAIN.

EXCUSE ME, RECUSE YOURSELF.

MORE THAN A THOUSAND FEET IT'S PRESUMED TO HAVE NO MATERIAL IMPACT OR EFFECT.

LEASES, THE SAME CONCEPTS APPLY.

AGAIN IT'S IF YOU HAVE A LEASE, IF YOU RENT YOUR HOME VIA A LEASE, IF THE DECISION THAT YOU'RE GOING TO MAKE WILL HAVE A -- WILL IMPACT THE CHANGE OF THE TERMINATION DATE OF YOUR LEASE, INCREASE OR DECREASE THE POTENTIAL RENTAL VALUE OF THE PROPERTY, INCREASE OR DECREASE THE VALUE OF THE PROPERTY IF YOU HAVE A RIGHT TO SUBLEASE, OR CHANGE YOUR ALLOWABLE USE OF THE PROPERTY OR YOUR ENJOYMENT AND USE OF THE PROPERTY.

SO IN THAT SAME ART EXAMPLE WOULD I SAY THAT TRAFFIC IMPACT WOULD AFFECT YOUR ENJOYMENT OF PROPERTY AND THEREFORE YOU WOULD NOT BE ABLE TO PARTICIPATE.

THERE IS NO MATERIAL FINANCIAL INTEREST IF IS -- IF THE DECISION ONLY CONTAINS -- CONCERNS REPAIRS, REPLACEMENT OF MAINTENANCE, EXISTING FACILITIES, WATER SEWER STORM, AGAIN, NONE OF THESE ITEMS ARE WITHIN YOUR JURISDICTION BUT JUST POINTING THEM OUT TO YOU.

THE MATERIALITY FOR SOURCES OF INCOME, YOU HAVE A SOURCE OF INCOME, AGAIN, OF $500 OR MORE IN THE 12 MONTHS PRECEDING THE DECISION, YOUR SALARY, THAT'S YOUR INCOME FROM SALES, PROMISED INCOME, IF THE DECISION YOU'RE ABOUT TO MAKE AFFECTS YOUR SOURCE OF INCOME THEN YOU WOULDN'T BE ABLE TO PARTICIPATE.

SO FOR EXAMPLE, LET'S SAY YOU WORK FOR THE ART FABRICATOR AND, THE CITY IS BUYING THAT PIECE.

YOU WOULD NOT EVEN THOUGH YOU'RE NOT MAKING THE ULTIMATE DECISION WITH RESPECT TO THE PURCHASE OF IT, YOU ARE STILL ENGAGING IN THAT CONVERSATION, AND THAT STILL HAS AN IMPACT.

IT COULD HAVE AN IMPACT ON YOUR INCOME.

THEN YOU WOULD HAVE TO RECUSE YOURSELF.

THE OTHER, THIS ONLY APPLIES HERE TO PLANNING COMMISSION SO I'LL SKIP THAT OVER.

ONE THING DID I W ABOUT CAMPAIGN CONTRIBUTIONS.

CAMPAIGN CONTRIBUTIONS ON THE CITY COUNCIL LEVEL DOES NOT DISQUALIFY THEM FROM PARTICIPATING.

IF IT WAS A MEMBER OF THE PLANNING COMMISSION.

MATERIALITY, STANDARDS FOR BUSINESS ENTITIES INVESTMENTS, LET'S SAY YOU OWN HERE AGAIN IT'S $2,000 IN INVESTMENTS AND BUSINESS INTEREST OR AGAIN, A BUSINESS INTEREST IF YOU HAVE -- IF YOU'RE IN A MANAGEMENT ROLE AS WELL.

AGAIN, I DON'T THINK THAT THIS WILL COME TO FRUITION, WITH RESPECT TO YOUR JURISDICTION BUT LET'S SAY ARE YOU SNORE SOME REASON HAD A STARTUP COMPANY AGAIN WHO WANTED TO SELL A PIECE OF ART TO THE CITY AND YOU SIT ON THAT COMMISSION.

HOWEVER, LET'S SAY THAT YOU'VE INVESTED IN THAT STARTUP COMPANY AND YOUR INVESTMENT WAS WORTH MORE THAN $2,000 THEN YOU WOULD NOT BE ABLE TO PARTICIPATE IN THAT DISCUSSION.

AND I WILL JUST SKIM OVER THESE.

THIS ONE IS AN INTERESTING ONE.

I CALL IT THE CATCHALL.

WHEN THERE IS A INTEREST IN YOUR PERSONAL FINANCES, YOUR PERSONAL EXPENSES, YOUR ASSETS OR LIABILITIES, IF TH IS GOING TO CAUSE YOU OR

[00:50:05]

YOUR SPOUSE OR YOUR INDEPENDENT CHILDREN TO BE GIVEN A MEASURABLE FINANCIAL INTEREST OR LOSS.

AGAIN THIS RARELY COMES UP.

USUALLY COMES UP IN THE CONTEXT AND A SPECIAL RULE WAS ADOPTED WHEN FOR EXAMPLE, THE CITY COUNCIL WOULD APPOINT AND THEY DO THIS YEARLY, APPOINT FELLOW COUNCILMEMBERS TO DIFFERENT COMMISSIONS WHERE THERE IS A STIPEND.

THE FEPC STATE THEY'D Y CANNOT PARTICIPATE IN THAT DECISION BECAUSE IT'S GOING TO AFFECT YOUR PERSONAL FINANCES.

MEANING IF YOU GET ON T COMMISSION OR THAT THIRD PARTY COMMISSION YOU WILL GET A STIPEND OF LET'S SAY $200 A MEETINGS.

BUT THEN THEY BUILT I EXCEPTION.

AND WHERE WE POST A FORM IF IT'S LISTED ON THEN EVERYBODY CAN PARTICIPATE IN THAT FORM, I FORGET I THINK IT'S 860 BUT I MAY BE WRONG.

IN ANY EVENT P SOMETHING THAT COMES UP WITHIN THE BODIES THAT YOU'RE PARTICIPATING IN IN TERMS OF YOUR COMMISSIONS.

WHAT DOES COME UP POSSIBLY ARE THE GIFT RULES.

AND THE GIFT RULES APPLY TO EVERYBODY ACROSS THE BOARD.

AND IT PERTAINS T SOURCES OF GIFTS, AND UNDER THE GIFT RULE, IS THAT YOU CANNOT ACCEPT A GIFT THAT IS MORE THAN $500 FROM SOURCE IN A 12 MONTH PERIOD PRIOR TO A DECISION.

THIS INCLUDES CASH.

PRESENTS.

MEALS, FOOD, DRINKS, ENTERTAINMENT, TRAVELER AND LODGING.

SO LET'S SAY FOR E HAD A GREAT BIG PUSH TO CHANGE THE PARKS TO TURF.

AND THE TURF, THE TURF COMPANY HAD A BIG, I DON'T KNOW, THEY TOOK EVERYBODY OUT TO DINNER, THEY TOOK FOLKS TO THE DODGE THEY TOOK COMMISSIONERS, LET'S THINK OF SOME OTHER EVENT, AND ALL OF A SUDDEN, OVER THE COURSE OF 12 MONTHS, YOU'VE AGGREGATED $500 FROM THEM, IN THE VALUE OF THOSE OUTINGS AND THE MEAL, THE ENTERTAINMENT.

SO THEN TWO THINGS.

THAT ESSENTIALLY BECOMES AN ISSUE FOR YOU UNDER THE RULES.

AND, YOU KNOW, IT COULD IMPACT IF YOU PARTICIPATE IN THE DECISION OR NOT DEPENDING ON THE 12-MONTH ROLLING PERIOD.

BUT THE KEY HERE FOR GIFTS IS NOT ACCEPTING $500 FROM A SINGLE SOURCE AND YOU HAVE TO LIST ANY THOSE GIFTS ON YOUR FORM 700.

WHICH IS ANY GIFT THAT AGGREGATES $50 OR MORE.

THOSE GET LISTED.

AND THEN AGAIN, T RULE FOR THIS YEAR, THE CALENDAR LIMIT IS $520 IS THE SINGLE SOURCE LIMIT.

AND HERE IS THE RULE THAT AN OFFICIAL CANNOT PARTICIPATE IN A DECISION AFFECTING A PERSON WHO IS GIVEN A GIFT OF $500 OR MORE IN THE 12 MONTHS PRIOR TO THE DECISION.

AND AGAIN, THE PROHIBITION OF GIFTS OF $520 OR MORE AND DISQUALIFICATION DEPENDS ON THE CALENDAR YEAR VERSUS THE 12 MONTH PRIOR.

AND SO, YOU KNOW, IT'S A ROLLING 12 MONTHS OR THE CALENDAR YEAR IS WHERE YOU HAVE TO LIST YOUR GIFTS ON THE FORM 700.

AND THAT'S HOW YOU GET TO THIS RULE OF $500 OR MORE BECAUSE IT COULD BE IN TWO CALENDAR YEARS WHICH MEANS YOU COULD HAVE ACCEPTED ALL OF THOSE GIFTS BECAUSE THEY WERE IN DIFFERENT CALENDAR YEARS BUT IN THE LAST 12 MONTHS IF THOSE GIFTS SQUALID $500 OR YOU HAVE A CONFLICT.

SO HOPEFULLY I EXPLAINED THAT A LITTLE BIT BETTER.

SO THE GIFT RULES, THERE ARE EXCEPTIONS ALWAYS TO RULES FOR THE MOST PART.

AND SO YOU CAN TAKE GIFTS FROM YOUR FAMILY, AND THAT'S PRETTY BROAD, IN TERMS OF INCLUDING NIECES AND NEPHEWS AND AUNTS AND ALSO FIRST COUSINS AND PARENTS IN LAW, BROTHERS IN LAW, SPOUSES OF ANY OF THE ABOVE.

OTHER EXCEPTIONS ARE, AND THESE ARE WHERE THE FEPC TRIED TO MAKE THE GIFT RULES MODERNIZED.

SO THEY RECOGNIZE THAT MAYBE NOT EVERYONE HAS A -- IN A LONG TERM RELATIONSHIP AND THAT MAYBE COMMISSIONERS ACTUALLY DATE OTHER PEOPLE.

AND SO IN THAT CASE, YOU COULD ACCEPT A GIFT YOUR DATE IN A -- IF YOU ARE IN A DATING RELATIONSHIP.

YOU CAN ACCEPT GIFTS FROM YOUR LONG TERM RELATIONSHIPS THAT'S CALLED THE BFF RULE

[00:55:05]

YOUR BEST FRIEND FOREVER RULE.

YOU KNOW CERTAINLY IF THERE IS A PASSING IN YOUR FAMILY, AND THERE IS, YOU KNOW, YOU SEE LATELY YOU KNOW THERE'S GO FUND ME PAGES WITH RESPECT TO THAT BEREAVEMENT, NOT A GIFT, LET'S PLUMBING, YOU BURST IN YOUR HOUSE AND YOUR NEIGHBOR HAPPENS TO BE A PLUMBER AND HE OR SHE CAME OVER AND FIXED YOUR PLUMBING AND DIDN'T WANT YOU TO PAY FOR IT.

AND LET'S SAY IT WAS OVER $50 OR IT WAS SEVERAL HUNDRED DOLLARS, YOU CAN ACCEPT THAT AS AN ACT OF NEIGHBORLINESS AND KINDNESS.

OR HUMAN COMPASSION.

IF YOU HAVE AN EXISTING PERSONAL OR RELATIONSHIP, IF YOU WIN A PRIZE IN A CONTEST IF GIVEN A TROPHY OR AN AWARD, IF YOU GO TO A WEDDING AND THERE HAPPENS TO BE A SWAG BAG AT THE WEDDING, DISASTE ASSISTANCE IS NOT A GIFT.

HOME HOSPITALITY WHERE SOMEONE INVITES YOU FOR A WONDERFUL MEAL, THAT IS NOT A GIFT EITHER.

IF YOU GET AN INHERITANCE, IF YOU ARE GIVEN A FREE ADMISSION TO A CONFERENCE, FOR EMPLOYEES, LEAVE CREDITS, LET'S SAY YO THERE IS A DEATH OR A GRAVE ILLNESS THAT YOU MAY HAVE THERE IS A POLICY THAT YOU CAN DONATE SO THAT EMPLOYEE WHO IS NOT -- WHO IS ILL CAN HAVE MORE TIME OFF, YOU KNOW, AND BE GIVEN MORE SICK LEAVE.

AND SO THAT IS NOT A GIFT AS WELL.

SO THERE IS ANOTHER CONCEPT IN THE CONFLICTS THAT IF EFFECT OF YOUR DECISION IN YOUR FINANCIAL INTEREST IS INDISTINGUISHABLE FROM THE PUBLIC, GENERALLY A CONFLICT WILL NOT EXISTS.

AND THIS AGAIN, RARE PROBABLY IN OUR UNIVERSE HERE.

BUT IT HAS TO BE -- HAS TO AFFECT A SIGNIFICANT OF THE PUBLIC AND THE EFFECT ON YOUR FINANCIAL IS NOT UNIQUE IN COMPARED TO THE EFFECT ON THE SIGNIFICANT SEGMENT.

I'LL SKIP OVER THERE.

WHAT HAPPENS IF Y DISQUALIFIED? AGAIN WE TALKED A LITTLE BIT ABOUT THAT.

YOU CANNOT DISCUSS WITH STAFF OR YOUR COLLEAGUES.

YOU DO AT THE MEETING WHERE YOU HAVE TO ABSTAIN, LET'S SEE IT'S YOUR ART EXAMPLE AND YOU LIVE RIGHT NEXT DOOR, ONCE TH IDENTIFIED AND BEFORE THE DISCUSSION INITIATES, YOU WILL STATE CHAIR I WOULD LIKE TO IS STATE I HAVE A CONFLICT OF INTEREST BECAUSE I OWN PROPERTY WITHIN 500 FEET OF THE DECISION THAT'S GOING TO BE MADE TONIGHT AND THEREFORE I' PARTICIPATE AND I WILL RECUSE MYSELF.

AND THEN YOU WOULD LEAVE THE CHAMBERS AFTER STATING THAT.

AND IT'S VERY IMPORTANT THAT YOU STATE YOUR REASON FOR THAT, BECAUSE IT GOES IN THE MINUTES.

IF THE CITY ATTORNEY IS HERE I ALWAYS HELP IF IT DOESN'T COME OUT RIGHT.

BUT IF YOU'RE ON A COMMISSION WHERE THERE'S NO ATTORNEY THAT IS AT YOUR COMMISSION MEETING THEN CERTAINLY IT'S IMPORTANT TO IDENTIFY THESE CONFLICTS EARLY AND THAT WAY WE CAN WORK WITH YOUR STAFF LIAISON AS WELL.

AND SO IF WE WERE ALL IN A LIVE SETTING WE WOULD LEAVE THE CHAMBERS AND COME BACK WHEN THE ITEM WAS DONE.

IN A ZOOM SETTING WE WOULD ASK YOU TO TURN CAMERA AND TURN OFF YOUR MIC AND THEN WE WOULD TEXT WHEN IT IS READY TO COME BACK AND THEREFORE YOU'RE NOT LIVE AS PART OF THE MEETING.

YOU CAN PARTICIPATE IF YOU HAVE A CONFLICT AS A MEMBER OF THE PUBLIC BUT ONLY FOR YOUR PERSONAL INTEREST.

IT REALLY ONLY COMES INTO PLAY WHEN IT PERTAINS TO YOUR PROPERTY.

SO MY ART EXAMPLE, IF YOU LIVED NEXT DOOR WITHIN 500 FEET, YOU CAN MAKE A COMMENT WITH RESPECT TO THAT BECAUSE IT AFFECTS YOUR PROPERTY.

IF IT WAS THE OTHER EXAMPLE THAT I GAVE THAT YOU WERE AN INVESTOR IN THE COMPANY WHO'S TRYING TO SELL THE CITY ART, YOU WOULD NO ABLE TO GO INTO THE AUDIENCE AND PARTICIPATE.

THIS IS A VERY LIMITED RULE AS WELL.

JUST SOMETHING JUST TO LET YOU KNOW WITH RESPECT TO WHAT IS KNOWN AS MASS MAILINGS AND NEWSLETTERS SENT OUT, I THINK WE'VE BEEN A BIT BETTER IN THE LAST COUPLE OF YEARS IN SENDING DIFFERENT TYPES O NEWSLETTERS OR ITEMS THAT ARE CENTS TO THE PUBLIC AT PUBLIC EXPENSE.

AND THE RULE IN HERE IT PERTAINS TO ALL OF YOU BECAUSE ALL OF YOU ARE DETERMINED TO BE PUBLIC OFFICIALS.

IF A NEWSLETTER FOR EXAMPLE INCLUDES THE PHOTOS OR THE NAMES OF PUBLIC OFFICIALS OR

[01:00:04]

FEATURES YOU IN AN ARTICLE LET'S SAY IT TALKS ABOUT YOU, TALKS ABOUT THE CHAIR, WHO WAS INSTRUMENTAL IN CHANGING ALL OF THE PARKS TO TURF, IF THAT PUBLICATION OR NEWSLETTER IS PHYSICAL MEANING IT IS ITEM AND THERE'S 200 OR MORE OF THEM THAT ARE DELIVERED WITHIN 30 DAYS, AND MORE THAN $50 OF PUBLIC MONEY WAS USED, THEN IT'S DETERMINED TO BE A MAS MAILING.

AND IN THAT CASE, IT WOULD BE PROHIBITED BY THE FROM SENDING OUT THAT MAILER .

AND THE LOGIC THERE IS I SHOULDN'T, YOU AS AN INDIVIDUAL SHOULD NOT BE FEATURED OR HIGHLIGHTED ANY MORE THAN OR DIFFERENTLY THAN YOUR FELLOW COLLEAGUES.

THAT DOESN'T APPLY TO THE WEBSITE OR CITY SOCIAL MEDIA, SO FOR EXAMPLE, LET'S SAY ONE OF YOU WAS INSTRUMENTAL IN BRINGING AN ART PIECE TO THE CITY, AND YOUR PICTURE WAS THERE, WE PUT IT ON SOCIAL MEDIA, THE MASS MAILING RULE DOES NOT APPLY.

THIS IS INTERESTING, TRAINS PLANES AND BUSES.

THERE IS A PROVISION IN THE CALIFORNIA CONSTITUTION THAT IS REALLY COMES FROM THE STAGE FROM THE STAGE COACH DAYS OF RAILROAD DAYS I SHOULD SAY.

WHERE AN E APPOINTED OFFICIAL IS PROHIBITED FROM TAKING FREE OR DISCOUNTED PASSES ON AIRPLANES, TRAINS OR BUSES.

AND FOR ELECTED OFFICIALS YOU CAN BE DISQUALIFIED FROM OFFICE.

THERE ARE SOME EXCEPTIONS LIKE YOUR MILEAGE PROGRAMS, YOUR UPGRADES THAT HAPPENS TO EVERYBODY.

BUT THE BEST EXAMPLE I CAN GIVE IS MANY, MANY YEARS AGO IN LOS ANGELES WE HAD A PLAYER, ANTONIO VILLARAIGOSA.

A NEW VIRGIN PLANE CAME TO L.A.X.

L.A.X.

IS ESSENTIALLY AN ENTITY OF LOS ANGELES.

THEY WERE GOING TO GO CROSS COUNTRY TAKE THE PLANE HERE TO NEW YORK AND THERE WAS A GREAT PICTURE OF THE MAYOR ON THE TARMAC REALLY WAVING GOOD-BYE TO EVERYBODY.

BECAUSE OF THIS RULE HE WAS PROHIBITED FROM TAKING THAT FREE FLIGHT ACROSS COUNTRY.

THAT IS A PROVISION OF THE CALIFORNIA CONSTITUTION.

I'VE ALWAYS INCLUDED THIS IN THIS PRESENTATION.

REALLY JUST AS AN ITEM OF INTEREST IF ANYTHING ELSE.

GOVERNMENT CODE SECTION 1090.

THIS IS WHERE A OFFICIAL CANNOT MAKE A CONTRACT WHICH HE OR SHE IS FINANCIALLY INTERESTED IN.

AGAIN, IT'S NOT SOMETHING THAT WOULD COME UP IN THE CONTEXT HERE BUT I DID WANT TO JUST LET YOU KNOW THAT THERE IS SUCH A CONCEPT AS GOVERNMENT CODE SECTION 1090 AND THESE ARE THE SLIDES WITH RESPECT TO IT.

MEETING MANAGEMENT JUST REALLY QUICKLY AND ACTUALLY GOING TO BE WRAPPING UP SOON.

JUST WANTED TO THROW THIS IN HERE.

YOU KNOW RULES OF PROCEDURE AT MEETINGS, ESTABLISH ORDERLY CONDUCT AT MEETINGS.

WE'RE PRETTY INFORMAL HERE WITH OUR COMMISSIONS, WITH THE ADOPTION OF ROBERT'S RULES OR THE LEAGUE USES ROSENBERG'S RULES OF ORDER.

BUT WITH THAT SAID T RULES ARE USED WHEN YOU ARE UNABLE TO MANAGE YOUR MEETING JUST AS A WHOLE.

BUT THE GOALS OF MEETING MANAGEMENT FOR THOSE OF YOU WHO SIT AS A CHAIR IS TO BALANCE AGAIN PUBLIC PARTICIPATION WITH EFFICIENCY, TO MAKE MEETINGS RUN EFFICIENTLY AND FAIRLY, TO RELIEVE MEETING ANXIETY.

SOMETIMES YOU'LL HAVE TO DEAL EFFECTIVELY WITH DISRUPTIVE PEOPLE.

TO PRESENT A COMPETENT OFFICIAL AND COMPETENT FACE WHEN YOU'RE RUNNING YOUR MEETINGS AND TO COMPLY WITH THE LEGAL REQUIREMENTS OF THE BROWN ACT, PRIVACY AND DUE PROCESS.

GENERAL MEETING RULES YOU HAVE TO HAVE A QUORUM TO TRANSACT BUSINESS.

THE DEFAULT RULE, THREE OUT OF FIVE PEOPLE IS A QUORUM.

A MAJORITY OF THE QUORUM IS SUFFICIENT UNLESS THERE IS A SPECIAL RULE THAT APPLIES, USUALLY COMES STATUTE OR AN ORDINANCE.

LESS THAN A QUORUM CAN ADJOURN A MEETING.

THE ROLE OF THE CHAIR SERVES AS THE PRESIDING OFFICER AT COMMISSION MEETINGS AND

[01:05:05]

FACILITATES THE PROCEEDINGS.

THE CHAIR WILL SOLICIT OPINIONS FROM THE COMMISSIONERS, THE CHAIR TRIES TO ENSURE A FOCUSED DISCUSSION, AND THE QUESTION ALWAYS ARISES, DOES THE CHAIR PARTICIPATE LESS? THE CHAIR CAN PARTICIPATE IN ALL OF THE DISCUSSION IN THE SAME MANNER.

YOU KNOW, IT'S TYPICALLY DONE AS THEIR PRIVILEGE TO GO LAST.

BUT THE CHAIR CAN MAKE A SECOND ANY MOTION.

THE CHAIR ALSO MANAGES PUBLIC COMMUNICATIONS AT MEETINGS.

THE CHAIR CAN SPEAK AND CRITICIZE.

THEY ENFORCE THE USE OF SPEAKING LIMITS.

ENCOURAGES USE OF MICROPHONE.

NOW TEXTING THE AUDIENCE THAT CAN BE SEEN, AND AGAIN AVOIDING COMMISSIONER DEBATE WITH SPEAKERS.

THE MANAGING OF COMMISSIONER COMMUNICATIONS BY IS TO ENSURE FACILITATION, UTILIZE A COMMISSIONER SPEAKING ORDER, SUMMARIZE AND CALL FOR MOTIONS.

STATE THE ACTION OF THE COMMISSION.

THE MOTION TO ADOPT THE RESOLUTION FAILS.

AND ENSURE A FAIR PROCESS.

JUST REALLY QUICK SMEAFER MAKING MOTION.

WHEN TO MAKE A MOTION HOW TO MAKE A MOTION, AMENDING A MOTION, MOTIONS TO RECONSIDER.

AND SO A MOTION TO RECONSIDER HERE, THIS IS WHEN A MOTION TO RECONSIDER IS WHEN AN ITEM HAS PASSED AND YOU HAVE SECON THOUGHTS.

AND SO IN ORDER, AND THIS IS A VERY PROCEDURAL RULE OF ORDER, AND I'VE RARELY SEEN IT HAPPEN AT MEETING.

I ALSO SERVE AS THE LEAGUE PARLIAMENTARIAN FOR LEAGUE OF CITIES AND HAVE SO FOR THE LAST SIX YEARS I THINK MAYBE SEVEN.

EVERY ONCE IN A WHILE I SEE SOMEBODY TRY TO USE THIS.

IT'S NOT ALWAYS DONE CORRECTLY.

BUT IF YOU WANT TO CONSIDER, RECONSIDER A MOTION, HAS TO BE DONE AT THE SAME MEETING WHERE THE FIRST VOTE WAS TAKEN.

AND THE MOTION TO RECONSIDER THE ITEM, TO RECONSIDER THE VOTE NEEDS TO BE MADE BY A MEMBER WHO VOTED IN THE MAJORITY OF THE ORIGINA MOTION.

AND WHEN YOU THINK ABOUT THAT, THAT MAKES SENSE BECAUSE IT'S USUALLY SOMEBODY WHO VOTED IN THE MAJORITIES WHO NOW HAS SECOND THOUGHTS AND WANTS TO REVERSE THEIR DECISION.

AND SO THAT MOTION FOR RECONSIDERATION HAS TO BE MADE BY SOMEBODY IN THE MAJORITY AND IT REQUIRES A MAJORITY VOTE.

SO CLARITY OF MOTIONS FOR COMMISSIONERS, REALLY, THE NUMBER 1 TIP IS TO BE CLEAR.

I MAKE A MOTION THAT WE ADOPT RESOLUTION 1234 APPROVING A CONDITIONAL USE PERMIT FOR RESTAURANT AT 123.

I MAKE A MOTION THAT THE COMMISSION MAKE REVISIONS TO THE CITY'S PUD ORDINANCE.

EXAMPLES OF MOTIONS T NOT CLEAR, MOTION TO APPROVE, APPROVE WHAT? ESPECIALLY IF THERE IS A LOT OF DISCUSSION.

WE ENCOURAGE STAFF IN DOING THEIR STAFF REPORTS TO MAKE SURE THAT THERE'S SOME CLEAR DIRECTION THERE TO HELP YOU WITH RESPECT TO WHA RECOMMENDATION IS.

WHEN TO DO A ROLL CALL VOTE, AGAIN IT'S SIMPLY BECAUSE OF THE PANDEMIC AND BECAUSE OF THE EMERGENCY ORDERS THAT WERE ADOPTED BY THE GOVERNOR, TO LOOSEN THE RULES WITH RESPECT TO THE BROWN ACT, IN SOM INSTANCES, IS WHY WE ARE REQUIRED TO DO A ROLL CALL VOTE NOW FOR EVERY ITEM.

HOWEVER, WHEN ALL OF THAT GETS LIFTED AND TO OUR REGULAR MEETING SCHEDULES INSIDE OF THE HALL, A ROLL CALL VOTE USUALLY OCCURS WHEN YOU HAVE A CONTROVERSIAL ITEM OR AN APPLICATION THAT IS BEFORE YOU.

FROM -- WITH RESPECT TO THE COUNCIL, A ROLL CALL VOTE IS REQUIRED FOR ADOPTING A RESOLUTION, AN ORDINANCE OR MAKING A PAYMENT OF MONEY.

BUT I KNOW, PREVIOUSLY, ON FAIRLY ROUTINE CHAIR WOULD ASK, ASK ALL IN FAVOR, ANY OBJECTIONS? IF NO ONE OBJECTS, THEN IT'S VERY STRAIGHTFORWARD, EVERYONE'S IN FAVOR AND NOT A ROLL CALL IS NECESSARY.

BUT I THINK THAT HERE, I THINK OUR COMMISSION SECRETARIES LIKE HAVING A ROLL CALL VOTE.

IT MAKES IT EASY AND SIMPLE AND SO BUT YOU KNOW IT'S NOT ALWAYS NECESSARY BUT RIGHT NOW IN PANDEMIC TIME IT IS.

SO HOW MANY VOTES ARE REQUIRED? ON GENERAL MATTERS, APPROVAL OF THE MINUTES, OBJECTION TO STAFF, IF TWO IN FAVOR, ONE AGAINST, ONE ABSENT ABSTAIN, A 2-1-1-1 THAT ACTUALLY IS AN APPROVAL.

AGAIN, I MENTION WHAT IS REQUIRED BY LAW, A 3 AFFIRMATIVE VOTES.

AND THEN AGAIN, THIS RELIES TO COUNCIL.

AT TIMES T REQUIRES FOUR OUTER OF THE FIVE, EMINENT DOMAIN, ORDINANCES MILLION A TIE VOTE, THERE COULD BE OCCASIONS WHERE THERE IS A TIE VOTE MANY THERE ARE ONLY FOUR OF YOU THERE.

A TIE VOTE RESULTS IN NO ACTION AND A NEW MOTION CAN BE MADE THAT RESULTS IN A MAJORITY VOTE.

SO WHEN ALL M PRESENT, AND ONE PERSON ABSTAINS, SO A TWO-TWO-ONE

[01:10:07]

AND AGAIN THIS LENDS ITSELF MORE TO THE PLANNIN COMMISSION OR THE CITY COUNCIL REALLY, A TIE VOTE ON APPEALS FROM A LOWER BODY'S ACTION IS CONSIDERED A DENIAL.

AND THAT MAKES SENSE BECAUSE IT'S A 2-2-1 VOTE.

BUT IF A TIE VOTE R BECAUSE OF AN ABSENCE OF A MEMBER AND NOT A CONFLICT OF INTEREST THEN WE ALWAYS SUGGEST CONTINUING THE ITEM.

IF A TIE VOTE IS BECAUSE THERE'S A CONFLICT OF INTEREST, A CONTINUATION WOULDN'T MAKE SENSE BECAUSE YOU'RE ALWAYS GOIN HAVE FOUR MEMBERS.

AGAIN, PROBABLY VERY RARE THAT YOU HAVE TIE VOTES.

BUT AGAIN, JUST WANTED TO MENTION THAT.

A MEMBER WHO IS ABSENT FROM A MEETING SHOULD GENERALLY ABSTAIN FROM THE VOTE TO APPROVE THE MINUTES OF THAT MEETING UNLESS, YOU KNOW, THEY WEREN'T THERE, BUT THAT'S JUST A GENERAL RULE OF THUMB.

AGAIN, PUBLIC HEARING ITEMS DOESN'T APPLY IN OUR CASE HERE.

AND THAT IS IT.

NOT BAD, 6:48.

I'M AVAILABLE TO ANSWER ANY QUESTIONS IF ANYBODY HAS ANY AND I WILL STOP SHARING MY SCREEN.

GREAT.

IF ANYBODY HAS Q FEEL FREE TO CHIME IN.

OKAY.

>> IT WAS A LOT.

>> YES, IT WAS A LOT.

AND I TALK FAST.

SO BUT IF THERE ARE N QUESTIONS THEN --

>> HI ROXANNE.

>> HI JESUS.

>> GOING WAY BACK TO THE BEGINNING OF YOUR PRESENTATION, I ALWAYS HAVE QUESTIONS ABOUT THIS IF YOU CAN CLARIFY.

YOU MENTION THEY'D IF A COMMISSION, A QUORUM OR MORE, ATTENDS SOME TYPE OF PUBLIC EVENT THAT'S NOT ASSOCIATED WITH TH COMMISSION MEETING OR AN EVENT LIKE THAT AND THERE IS A QUORUM OR MORE, OR THERE'S A QUORUM, CAN THEY TALK AMONGST THEMSELVES, EVEN THE FIVE OF THEM IF THEY'RE PRESENT AS LONG AS THEY DON'T -- IF THEY'RE TALKING ABOUT WHAT THEY DID OVE WEEKEND OR HOW THE WEATHER'S GOING?

>> YES.

>> CAN YOU PROVIDE SOME CLARITY ON THAT?

>> OF COURSE.

YES, THEY COULD TALK AMONGST THEMSELVES WITH TOPICS THAT ARE NOT ABOUT THEIR COMMISSION.

I THINK WHAT THE ISSUE BECOMES IS AN ISSUE OF PERCEPTION, ANY TIME SOMEBODY FROM THE OUTSIDE LOOKS AT THREE MEMBERS OF BODY, OF A LEGISLATIVE BODY WHETHER IT IS, WHATEVER COMMISSION IT IS, THEY WILL ALWAYS ASSUME THAT THEY ARE TALKING ABOUT CITY BUSINESS.

AND SO EVEN THOUGH THE THREE OF YOU CAN, LET'S SAY, ATTEND THE MEETING OF THE PLANNING COMMISSION, AND YOU'RE ALL SITTING IN THE SAME ROW AND YOU'RE TALKING ABOUT THE SOCCER GAME, THE DODGERS, WHATEVE THAT'S PERFECTLY FINE BUT IT'S AN ISSUE OF PERCEPTION.

SO ONE WILL PERCEIVE THAT ALL THREE OF YOU ARE AND HUDDLED AND TALKING ABOUT CITY BUSINESS WHETHER THAT IS NOT THE CASE.

SO WE ALWAYS SAY TRY TO BREAK IT UP, YOU KNOW, AND NOT MAKE IT SO OBVIOUS.

BUT CERTAINLY, H THAT'S HELPFUL.

>> YES, THANK YOU.

>> OKAY.

ANY OTHERS QUESTIONS?

>> HI DEBRA.

>> HI.

SO YOU WERE TALKING ABOUT POSTING OF THE MEETING AGENDA AND YOU WERE TALKING ABOUT ACCESSIBILITY OF THE ATTACHMENTS.

AND SO ON THE ELECTRONIC VERSION OF THE AGENDA ARE

>> LINKS.

>> BUT YOU ALSO SAID THAT DOCUMENTS CAN BE ADDED WITHIN THE -- WITHIN SORRY THE 72 HOURS BETWEEN WHEN THE AGENDA WAS POSTED AND WHEN THE MEETING OCCURS.

ARE THERE ANY MORE S ON THAT?

>> SO IT'S NOT NECESSARILY THAT DOCUMENTS CAN BE ADDED.

IT'S REALLY MORE THE EXCEPTION.

AND WHAT THAT RULE SAYS IS THAT AFTER THE AGENDA HAS BEEN POSTED, IF FOR WHATEVER REASON STAFF IS DISTRIBUTING AN ITEM TO THE ENTIRE COMMISSION, OR THE COUNCIL, THEN THAT SAME DOCUMENT NEEDS TO BE PROVIDED TO THE PUBLIC.

THE GOAL OF COURSE FROM THE STAFF PERSPECTIVE IS EVERYTHING YOU NEED FOR THAT

[01:15:06]

AGENDA ITEM GETS IN THAT AGENDA RIGHT BEFORE IT GUEST GETS POSTED AND THE COMMISSION HAS EVERYTHING.

BUT SHOULD THERE BE SOME RANDOM ITEM THAT JUST WE WERE WAITING FOR INFORMATION MAYBE THERE WAS A LETTER OR SOMETHING LIKE THAT, THEN YOU CAN PROVIDE IT TO THE COMMISSION BUT YOU ALSO AT THE SAME TIM PROVIDE IT I TO THE PUBLIC.

IN THIS ERA OF ZOOM T WE'RE IN THE ONLY WAY TO DO THAT IS TO MAKE SURE THAT THAT ADDITIONAL DOCUMENT GETS POSTED ON OUR WEBSITE SO THAT A MEMBER OF THE PUBLIC CAN SEE IT WHEN THEY GO TO THE WEBSITE.

YOU KNOW AND LOOK FOR THE ITEM.

>> OKAY AND ONE MORE THING.

>> OF COURSE.

>> SO WE DO THE OLD SCHOOL POSTING OF THE PAPER VERSION.

SO IN TERMS OF ATTACHMENTS, IF SOMEONE LIKE YOU SAID WANTS TO POP UP IN THE MIDDLE OF THE NIGHT AND LOOK AT WHAT'S GOING ON, THEY ARE NOT GOING TO HAVE ACCESS TO ATTACHMENTS.

THAT'S EXPECTED?

>> CORRECT.

THE ONLY REQUIREMENT ASK THE POSTING OF THE AGENDA ITSELF GET PLACED OUTSIDE.

AND EVEN THOUGH T THE POSTING OF THE AGENDA DOESN'T HAVE TO OCCUR ON THE WEBSITE, WE DO THAT AS WELL.

AND I THINK THAT IS E MORE NECESSARY IN TERMS OF TRANSPARENCY, IN THIS ERA OF COVID AND MAKING SURE THAT EVERYBODY HAS ACCESS TO THE AGENDA ONE WAY OR THE OTHER.

AT LEAST TO KNOW WHAT THE ITEMS ARE.

>> OKAY, THANK YOU.

>> UH-HUH.

>> GREAT.

SO IF THERE ARE NO MORE QUESTIONS I WILLING LEAVE YOU TO THE REST OF YOUR EVENING AND JUST WANT TO THANK EVERYBODY.

I THINK THERE WAS A QUESTION IF THERE WERE ANY AS PART OF OUR COMMISSIONERS, I THOUGHT EVELYN, SOMEBODY HAD ASKED, WE CAN ARRANGE FOR MCLE CREDIT.

IF YOU NEED MCLE CREDIT REACH OUT TO EVELYN.

WE'LL SEE YOU GET T CREDIT.

>> I WOULD LIKE TO REACH OUT.

>> WE THOUGHT IT WAS YOU ROMAN.

WE'LL ARRANGE THAT.

I REALLY APPRECIATE IT EVERYBODY, HAVE A GOOD EVENING, BYE.

* This transcript was compiled from uncorrected Closed Captioning.