* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:03:45] GOOD [CALL TO ORDER] EVENING EVERYONE. THANK YOU FOR ATTENDING THE CULTURAL HERITAGE COMMISSION MEETING. FEBRUARY 25TH, 2025. MADAM CLERK, [ROLL CALL] PLEASE CALL FOR THE ROLE. COMMISSIONER BODAK. COMMISSIONER HUNTER. COMMISSIONER PADIA PEREZ. PRESENT. THANK YOU. COMMISSIONER PIZZA PRESENT. COMMISSIONER PRYOR. PRESENT, VICE CHAIR MCW. PRESENT. EXCUSE ME. VICE CHAIR. RIS. MM-HMM . PRESENT AND CHAIR. MCW. PRESENT AGAIN. THANK YOU. WE HAVE FOUR. THANK YOU FOR THE RECORD. COMMISSIONER BODAK AND COMMISSIONER HUNTER ARE EXCUSED FROM THE MEETING TONIGHT. ARE THERE ANY OBJECTIONS FROM THE COMMISSION? IF THERE ARE NONE, UM, I WOULD LIKE [PLEDGE OF ALLEGIANCE] TO AT THIS TIME STAND FOR THE PLEDGE OF ALLEGIANCE. I PLEDGE. I JUST GO. I PLEDGE ALLEGIANCE TO THE FLAG. THE FLAG OF THE UNITED STATES OF AMERICA TO REPUBLIC FOR WHICH IT STANDS. ONE NATION, NATION UNDER GOD, INDIVISIBLE. LIBERTY. LIBERTY AND JUSTICE FOR ALL. THANK YOU, COMMISSIONER. [00:05:01] SWEARING OF THE WITNESSES. THIS IS THE TIME OF SWEARING IN THE WITNESSES. IF YOU'RE GOING TO GIVE TESTIMONY, PLEASE STAND AND RAISE YOUR RIGHT HAND. DO YOU SOLEMNLY SWEAR OR AFFIRM THAT THE EVIDENCE YOU SHALL GIVE IN THIS CULTURAL HERITAGE COMMISSION MEETING SHALL BE THE TRUTH, WHOLE TRUTH, AND NOTHING BUT THE TRUTH? I DO. THANK YOU. BEGINNING THE REGULAR AGENDA. RECOMMENDATION TO [1. 25-54443 Recommendation to receive and file Director’s Report.       Suggested Action: Approve recommendation. ] RECEIVE AND FILE THE DIRECTOR'S REPORT MAY HAVE A MOTION ON THIS TO HEAR THIS ITEM. IT IS. ONE SECOND. OKAY, THANK YOU. WE HAVE A MOTION FROM VICE CHAIR GFE AND A SECOND FROM COMMISSIONER PADILLA PEREZ. THANK YOU, YOU, I'LL TURN THINGS OVER TO THE STAFF FOR THE DIRECTOR'S REPORT. GOOD EVENING CHAIR AND COMMISSIONERS. UM, IT'S BEEN A FEW MONTHS SINCE THIS COMMISSION HAS MET, SO NICE TO SEE YOU ALL. WELCOME BACK. UM, AND JUST WANTED TO PROVIDE A COUPLE OF UPDATES. UM, ONE IS THAT WE ARE RECRUITING FOR AN ENVIRONMENTAL AND CULTURAL RESOURCES OFFICER WITHIN THE PLANNING BUREAU. UH, THAT WILL HELP US TO, UM, BETTER ACHIEVE SOME OF OUR PLANNING GOALS, INCLUDING BY, UM, HELPING TO SPLIT OUR EXISTING ADVANCED PLANNING DIVISION INTO TWO GROUPS. 'CAUSE RIGHT NOW OUR LONG RANGE WORK, UM, IN THE CITY ALSO FALLS WITHIN THAT SAME DIVISION. UH, SO THAT IS AVAILABLE THROUGH GOVERNMENT JOBS AND TO THE PUBLIC AND WANTED TO MAKE THE PUBLIC AND COMMISSION AWARE OF THAT RECRUITMENT. UM, THE OTHER UPDATE IS THAT WE DO HAVE, UM, A COMMUNITY DESIGN MEETING TOMORROW EVENING REGARDING A PROPOSED AFFORDABLE HOUSING PROJECT AT THE EDGE OF THE, UM, UH, CALIFORNIA HEIGHTS HISTORIC DISTRICT. SO, UM, WE ARE EXCITED TO GO THROUGH THIS NEXT STEP IN THE PROCESS TO PROVIDE COMMUNITY, UM, AN OPPORTUNITY TO GIVE INPUT ON THIS PROJECT. SO I WANTED TO MAKE THAT ANNOUNCEMENT TO THE COMMUNITY AS WELL. AND THAT CONCLUDES MY DIRECTOR'S REPORT. UH, THANK YOU. UH, I'LL TURN, UH, AT THE MOMENT THE COMMISSIONERS IF THEY HAVE ANY QUESTIONS. IF THERE ARE NONE, WE'LL NOW TAKE PUBLIC COMMENT. ANYONE WHO WOULD LIKE TO SPEAK ON THE DIRECTOR'S REPORT, PLEASE LINE UP ON THE MICROPHONE IF THERE ARE NONE, VIRTUALLY. IF THERE'S ANYONE OUT THERE THAT WOULD LIKE TO SPEAK REGARDING THE DIRECTOR'S REPORT. IF THERE ARE ANY MEMBERS OF THE PUBLIC THAT WOULD LIKE TO SPEAK ON, ON THIS ITEM, PLEASE USE THE RAISE HAND FEATURE NOW OR DIAL STAR NINE. NOW THERE APPEARS TO BE NO VIRTUAL, UM, PUBLIC COMMENT. THANK YOU MME. KIRK, PLEASE CALL THE VOTE. PLEASE VOTE. COMMISSIONER PRIOR, I CAN TAKE A VOICE VOTE IF YOU'D LIKE TO. THANK I RECEIVED BOTH YESES. MOTION CARRIES. THANK YOU MADAM CLERK, PLEASE READ THE NEXT ITEM. ITEM TWO IS [2. 25-54444 Recommendation to approve the minutes for the Cultural Heritage Commission meeting of Thursday, November 21, 2024.       Suggested Action: Approve recommendation. ] RECOMMENDATION TO APPROVE THE MINUTES FOR THE CULTURAL HERITAGE CO COMMISSION OF MEETING OF THURSDAY, NOVEMBER 21ST, 2024. THANK YOU. MAY I HAVE A MOTION ON THIS AND A SECOND? MINE'S NOT WORKING. MINE'S NOT. I CAN TAKE A VOICE MOTION. AND SECOND, DO WE HAVE A FIRST COMMISSIONER GFI. THANK YOU. AND A SECOND. UM, OH, GO AHEAD. THANK YOU JEFF BREYER. UH, COMMISSIONERS, DO YOU HAVE ANY QUESTIONS REGARDING THE MINUTES DATED NOVEMBER 21ST, 2024? IF THERE ARE NONE, WE'LL TAKE PUBLIC COMMENT. ANYONE WHO WOULD LIKE TO SPEAK ON THE MINUTES, PLEASE LINE UP TO THE MICROPHONE IF THERE ARE NONE VIRTUALLY. IF THERE ARE MEMBER, ANY MEMBERS OF THE PUBLIC THAT WOULD LIKE TO SPEAK ON THIS ITEM, PLEASE USE THE RAISE HAND FEATURE NOW OR DIAL STAR NINE. NOW [00:10:01] C NONE THAT CONCLUDES PUBLIC COMMENT FOR THIS ITEM. THANK YOU. MADAM CLERK, PLEASE CALL FOR THE VOTE. MOTION CARRIES. THANK YOU MADAM CLERK, COULD YOU PLEASE READ THE NEXT ITEM? ITEM NUMBER THREE IS RECOMME. [3. 25-54445 Recommendation to approve a Certificate of Appropriateness to paint one mural on a side elevation of an existing commercial building located at 2771 East Broadway. The property is developed with a non-contributing structure located in the Bluff Heights Historic District. (District 2)        Suggested Action: Approve recommendation. ] RECOMMENDATION TO APPROVE A CERTIFICATE OF APPROPRIATENESS TO PAINT ONE MURAL ON THE SIDE ELEVATION OF AN EXISTING COMMERCIAL BUILDING LOCATED AT 27 71 EAST BROADWAY. THE PROPERTY IS DEVELOPED WITH A NON-CONTRIBUTING STRUCTURE LOCATED IN THE BLUFF HEIGHTS HISTORIC DISTRICT, DISTRICT TWO. THANK YOU. MAY I HAVE A MOTION TO APPROVE OR TO, OR TO HEAR THIS ITEM? AND WE HAVE A MOTION FROM COMMISSIONER PRYOR AND A SECOND FROM COMMISSIONER PETTO. THANK YOU. MAY WE HAVE THE PRESENTATION? YES. GOOD EVENING. UH, COMMISSIONERS, PROJECT PLANNER TORRES CAMPOS WILL PROVIDE THIS PRESENTATION IN JUST A MOMENT. UM, WE HAVE SEEN MURAL CASES OVER THE YEARS, BUT IT HAS BEEN A LITTLE WHILE, SO I'LL JUST REMIND THE COMMISSION, UM, THAT ALTHOUGH THIS IS, YOU KNOW, RELATED TO PAINT, WHICH IS LARGELY REVERSIBLE, IT HAS BEEN KIND OF OUR PRACTICE TO BRING IT FORWARD TO COMMISSION WHEN IT IS, UM, A, A HIGHLY VISIBLE, UM, MURAL THAT USES COLORS OUTSIDE OF A TYPICAL PALETTE. SO, JUST WANTED TO GIVE SOME OF THAT CONTEXT AND I'LL TURN IT OVER TO REFUGIO. HE'LL BE, UH, PRESENTING VIRTUALLY. UH, THANK YOU ALLISON. GOOD EVENING CHAIR, VICE CHAIR AND FELLOW COMMISSIONERS. BEFORE YOU IS A MAJOR CERTIFICATE OF APPROPRIATENESS REQUEST TO PAINT A MURAL ON A ONE STORY COMMERCIAL BUILDING FACING TEMPLE AVENUE IN THE BLUFF HEIGHTS HISTORIC DISTRICT. NEXT SLIDE. THE SUBJECT PROPERTY IS LOCATED ON THE CORNER OF EAST BROADWAY AND TEMPLE AVENUE AT 27 71 EAST BROADWAY, AS HIGHLIGHTED WITH A YELLOW STAR ON THE MAP. THE PROPERTY IS WITHIN THE NEIGHBORHOOD PEDESTRIAN ORIENTED COMMERCIAL SONY DISTRICT, OTHERWISE KNOWN AS CNP. THE GENERAL PLAN LUE IS NSC DASH L AND THE LOT SIZE IS 4,460 SQUARE FEET. CURRENTLY THE PROPERTY IS DEVELOPED WITH A ONE STORY COMMERCIAL BUILDING, WHICH WAS BUILT IN 1920 WITH OUR DECO ARCHITECTURAL ELEMENTS. AND THE BUILDING HAS TWO TENANTS. THE TENANT PROPOSING THE MURAL HAS OPERATED A COFFEE SHOP FROM THAT LOCATION SINCE 2013. CURRENTLY, THE BUILDING IS IDENTIFIED AS A NON-CONTRIBUTING STRUCTURE AS IDENTIFIED IN THE BLUFF HEIGHTS HISTORIC DISTRICT ORDINANCE C DASH 79 37. NEXT SLIDE. THE EXISTING BUILDING FRONTS EAST BROADWAY TO THE SOUTH AND TEMPLE AVENUE TO THE EAST WITH AN EXISTING FRONT SETBACK FACING EAST BROADWAY OF TWO AND A HALF FEET. THE EAST ELEVATION IS BUILT ON THE PROPERTY LINE. THE FRONT ACTIVATES THE FRONT SIDEWALK BY PROVIDING THREE EXISTING WINDOWS AND DOORS, WHILE THE EAST ELEVATION IS MAINLY STUCCO WALL WITH THREE WINDOWS ON THE CORNER OF THE BUILDING. THE BUILDING DOES NOT HAVE A WEST ELEVATION, AND THE EXISTING NORTH ELEVATION TOWARDS THE REAR INCLUDES A STUCCO WALL WITH NO WINDOWS OR DOORS. NEXT SLIDE. THE APPLICANT'S CERTIFICATE OF APPROPRIATENESS REQUEST IS FOR AUTHORIZATION TO PAINT ONE MURAL ON THE EXISTING BUILDING ON THE EAST ELEVATION FACING TEMPLE AVENUE. THERE WILL BE NO PHYSICAL ALTERATIONS PROPOSED TO THE EXISTING COMMERCIAL BUILDING. NEXT SLIDE. THE ARTIST FOR THE PROPOSED MURAL IS DAVE VAN. DAVE VAN PATTEN, WHO HAS BEEN A RESIDENT OF LONG BEACH FOR 25 YEARS AND WHOSE ART STARTED IN CAL STATE UNIVERSITY. LONG BEACH PAINTING GLOBALLY, BUT SUPPORTING LOCAL MOM AND POP BUSINESSES AS HIS MOST IMPORTANT MISSION. THE ARTIST NARRATIVE IS INCLUDED BEFORE YOU AS AN ATTACHMENT TO THE STAFF REPORT. NEXT SLIDE. UH, THIS IS A RENDERING OF THE MURAL AS PROPOSED. A MURAL WOULD EXTEND THE FULL WIDTH OF THE BUILDING'S EAST ELEVATION, APPROXIMATELY 40 FEET FROM WINDOWS, UH, ON THAT ELEVATION TO THE BACK DOOR AND APPROXIMATELY 10 FEET IN HEIGHT FROM THE TOP OF THE CURB. NEXT SLIDE. AND HERE YOU CAN SEE THE, UH, THE RENDERING SUPERIMPOSED ON THE EXISTING BUILDING ON THE EAST ELEVATION. THE MURAL WILL BE SIMILAR IF NOT MATCHING WITH THE CURRENT BUILDING COLORS. AS YOU CAN SEE HERE, [00:15:01] UH, THE BUILDING COLORS WERE APPROVED IN 2023 AS PART OF A MINOR CERTIFICATE OF APPROPRIATE APPLICATION FOR PAINT. NEXT SLIDE. THE CURRENT APPROVED PRIMARY COLOR OF THE BUILDING IS BLUE WITH TRIM BASED COAT, CARAMEL COLOR, AND THE TRIM TOP COAT COLOR, UH, UH, GOLD. THE MURAL BACKGROUND IS PROPOSED TO BE ON A WHITE BACKGROUND AND THE PRIMARY COLOR OF THE MURAL WILL BE BLUE TO MATCH THE BUILDING. AND THE HIGHLIGHT COLORS ARE PROPOSED WITH A YELLOW COLOR, WHICH COMPLIMENTS THE APPROVED TRIM COLOR OF THE BUILDING. NEXT SLIDE. THE MURAL FITS WITHIN THE CONTEXT OF THE COMMERCIAL AREA AND DOES NOT DETRACT FROM THE HISTORIC NEIGHBORHOOD BUILDING OR SUBJECT SITE. AS SUCH, THE OVERALL PAIN SCHEME AND ORIENTATION OF THE MURAL ENSURES THAT THE ELEVATION'S MOST VISIBLE ALONG TEMPLE AVENUE WILL BE COMPATIBLE WITH THE REST OF THE EXISTING BUILDING AND APPROVED COLORS FOR THE BUILDING. THE COMMERCIAL BUILDING IS ALSO AT THE EDGE OF THE HISTORIC DISTRICT AND IS COMPATIBLE WITH THE SURROUNDING COMMERCIAL BUSINESSES IN THE AREA. WHILE ADA CONTRIBUTING STRUCTURE IN A ACCORDANCE WITH STANDARD NUMBER TWO OF THE SECRETARY OF INTERIOR STANDARDS, THE PAINTING OF THE MIRROR ON THESE WALLS WILL NOT DAMAGE ANY ORIGINAL MATERIALS ON THE BUILDING. THE PROPOSED ALTERATION, THOUGH NOT HISTORIC IN NATURE, COULD BE REMOVED IN THE FUTURE IF NECESSARY, BY REPAINTING THE BUILDING OR FINDINGS FOR THIS REQUEST CAN BE DONE IN THE AFFIRMATIVE STAFF, THEREFORE RECOMMENDS APPROVAL OF THE CERTIFICATE OF APPROPRIATENESS REQUEST SUBJECT TO THE CONDITIONS OF APPROVAL. NEXT SLIDE. UH, THIS CONCLUDES STAFF'S PRESENTATION AND STAFF IS AVAILABLE FOR ANY QUESTIONS. THE APPLICANT THOMAS HARDY WOULD ALSO LIKE TO SAY A FEW WORDS. UH, THANK YOU. GOOD EVENING, EVERYONE. ALL RIGHT, REAL QUICK. UH, MY NAME IS THOMAS HARDY AND I'M HERE WITH MY WIFE VANESSA. AND MY DAUGHTER JOSEPHINE IS AT TENNIS AT WILSON. SO, UM, WE'RE THE OWNERS OF JUG BAND COFFEE AND TEA, AND WE ARE TRUE MA PA AND BABY RESTAURANT . IT'S NOT A BABY ANYMORE, BUT THE FEELINGS THERE. UM, WE CURRENTLY EMPLOY 18 PEOPLE AND WE'RE GROWING VERY FAST AND PROBABLY WILL BE AT 20 BY THE END OF THE NEXT MONTH OR SO. SO IT'S BRINGING PEOPLE IN. WE HAVE, YOU KNOW, A GOOD DAY SEES 20 PLUS 200 PLUS TICKETS. IT'S REALLY BECOMING A GOOD GATHERING SPOT. UM, I GREW UP IN THE MUSIC AND COFFEE CULTURE OF SEATTLE AND PORTLAND BEFORE I CAME HERE WITH, WHEN WE FOUND OUT WE WERE HAVING OUR DAUGHTER 17 YEARS AGO. SO IT'S THAT VIBE AS EVERYONE SAYS. THE COFFEE CULTURE, THE MUSIC CULTURE. UM, THERE'S MUSICS ON THE WALL, THERE'S INSTRUMENTS ON THE WALL FOR PEOPLE TO PLAY, PLAY. IT'S ALL ABOUT INCLUSIVITY. SO, UM, QUICK HISTORY ON JUG BAND. I KNOW A LOT OF PEOPLE HAVE ASKED AND THEY DON'T REALLY QUITE KNOW, BUT, UH, IT ACTUALLY DATES BACK TO THE TIME THE BUILDING WAS ACTUALLY BUILT. UM, IT DATES BACK TO THE EARLY 19 HUNDREDS, A STYLE OF MUSIC PREDATING THE TERMS JAZZ, ROCK AND ROLL, OR EVEN THE BLUES. SO IT WAS A POPULAR MUSIC OF THE TIME ON THE MISSISSIPPI RIVER WHERE EVERYBODY CAME TOGETHER, PRIMARILY IN LOUISVILLE. BUT IT'S UP AND DOWN FROM CHICAGO TO THE, TO THE DELTA AND THE JUG BRINGS IN THE BOTTOM THE BASE, BUT IT'S ALSO BRING WHAT YOU HAVE AND LET'S HAVE A GOOD TIME PLAYING MUSIC. SO THAT'S WHY THERE'S EVERYTHING FROM KAZOOS TO JUGS TO STANDUP BASSES, FIDDLES. IT'S ALL INCLUSIVE TYPE OF MUSIC. AND REALLY THE FIRST MUSIC WHERE THE RACES GOT TOGETHER, EVERYBODY GOT TOGETHER, MEN, WOMEN, EVERYTHING, ALL GENDERS AND MUSIC, EVERYTHING WAS TOGETHER. AND IT'S REALLY THE HEART AND ESSENCE OF WHO I AM AS WELL, PLAYING EVERY KIND OF MUSIC. SO THE, UH, JUST TO KIND OF BRING IT ALL AROUND, DAVE VAN PATTON IS A GRAMMY AWARD-WINNING ARTIST. AND FOR THE GRATEFUL DEAD AND THE GRATEFUL DEAD STARTED IS THE JUG BAND. SO IT'S KIND OF A FULL CIRCLE STORY AND, UH, YOU KNOW, I INVITE EVERYBODY IN. WE'RE VERY HAPPY. IT'S A CELEBRATORY PLACE. THERE'S OFTEN MUSIC IN THE AIR. AND, UH, JUST KIND OF WANTED TO TELL YOU WHO I WAS AND WHAT THE STORY WAS FOR WHY AND WHAT AND WHO IS JUG BAND. SO, THAT'S IT. THANK YOU VERY MUCH. UH, THANK YOU MR. HARDY. BEFORE YOU STEP AWAY, UH, COMMISSIONERS, IS THERE ANYTHING THAT YOU'D LIKE TO ADDRESS AT THIS TIME? I DO, I DO. I ACTUALLY WANTED TO KNOW, HAVE, DID YOU ENGAGE WITH THE ARTS COUNCIL ON, UM, THE MURAL ITSELF AND, AND A, GETTING IT LISTED AND B, MAKING SURE THAT YOU HAVE THE CORRECT PAINTS AND STUFF SO THAT IT HAS LASTING EFFECT AND LONGEVITY AND IT, AND IT CAN ALSO STAVE OFF STUFF LIKE, UM, UM, GRAFFITI AND THINGS LIKE THAT. HAS THAT ALREADY BEEN? YEAH, I, YOU KNOW, TO BE HONEST, I, I HAVEN'T REALLY MET AND I DON'T, I FEEL LIKE I'M [00:20:01] KIND OF A FLYING SOLO BIRD AND I'M LEARNING EVERYTHING BY TRIAL BY, THIS ISN'T FIRE TO ME, BUT IT HAS BEEN TRIAL BY FIRE IN EVERYTHING. I'VE, I'VE BEEN IN SHIPPING FOR 30 YEARS. I KNOW LOGISTICS. I KNOW COFFEE AS A HABITUAL COFFEE DRINKER, AND SONGWRITER. BUT EVERYTHING I'VE DONE HAS BEEN A LEARNING EXPERIENCE. I'M ALMOST TO THE POINT WHERE I THINK I COULD WRITE A BOOK ON A LOT OF STUFF THAT I'VE, I WISH I DIDN'T KNOW THE ARTS COUNCIL, TO BE HONEST. I MEAN, I DON'T KNOW WHAT IS THERE. I'VE JOINED THE, UM, DOWNTOWN DISTRICT, UH, EVERY MONTH, UM, COME TOGETHER KIND OF THING. AND I THOUGHT EVEN MY STORIES ARE VALID TO SHARE WHAT I'VE GONE THROUGH AS A BUSINESS OWNER TRYING TO FIND MY WAY. 'CAUSE THERE'S NO REAL PATHWAY. AND TO BE HONEST, I DIDN'T EVEN, I MEAN, I READ A LOT AND I DON'T KNOW REALLY ANYBODY . SO I DO SOMETIMES FEEL LIKE I'M THE SMALL FISH IN THE BIG POND. I MEAN, EVEN WITH THE FOOD INFLUENCERS, I JUST KIND OF DON'T KNOW PEOPLE, EVEN THOUGH I'VE LIVED HERE FOREVER, I'M JUST KIND OF TRUDGING ALONG. SO ANY KIND OF SUGGESTIONS OR , I'M, I'M VERY OPEN TO EVERYTHING. SO, YOU KNOW, AND IN THE FUTURE, IF ANYONE HAS QUESTIONS OR IF THERE IS SOMEBODY I CAN REACH OUT TO AND TALK TO, UM, YOU KNOW, I, I'M TOTALLY OPEN. BUT ONE THING I DO WANNA SAY ABOUT LIKE, GRAFFITI. I HAD A WHITE WALL FOR A YEAR AND I ATTRIBUTE WHO WE ARE AND WHAT WE STAND FOR AND THE NEIGHBORLY ASPECT OF WHO WE ARE TO WHY WE HAVEN'T HAD A GRAFFITI PROBLEM. HOW DO WE HAVE THE MOST VISIBLE WHITE WALL IN LONG BEACH AND NOT HAVE GRAFFITI? I DON'T KNOW. BUT I CAN TELL YOU I'M FRIENDS WITH A LOT OF DIFFERENT PEOPLE FROM DIFFERENT WALKS OF LIFE AND DIFFERENT AREAS. SO I THINK, YOU KNOW, IT'S ALL ABOUT THE HAVING EVERYBODY TOGETHER AND GETTING TO KNOW EVERYBODY AND KIND OF BEING A MAYOR OF MY OWN CORNER, YOU KNOW, , YOU KNOW, I KIND OF LAUGH AND I'M JUST GONNA SAY THIS 'CAUSE I ALWAYS SAY IT AND I HOPE I GET THE NAME RIGHT. BUT I, I CAME UP ON, I'M A SESAME STREET KID AND YOU KNOW, I THINK IT WAS MR. HOOPER . AND I KINDA, MY BRAIN SOMEHOW SINGS THAT SONG IN THE MORNING STILL. AND IT'S A LITTLE BIT STRANGE. I KNOW, BUT THAT'S JUST WHO I AM, YOU KNOW, AND IT'S A LOT OF FUN AND I'M HOPING TO BE ABLE TO MOVE AWAY FROM THE SHIPPING INTO BEING ON MY CORNER MORE. SO. COMMISSIONER PRYOR, THAT WAS A GOOD QUESTION. THANK YOU MR. HARDY. YEAH. UM, SHE DID BRING UP A INTERESTING POINT. LONG BEACH OVER THE LAST FEW YEARS HAVE BEEN ENGAGING WITH ARTISTS MURALS FROM ALL OVER THE COUNTRY, AS WELL AS YOUR MURALISTS FROM LONG BEACH STATE, AS WELL AS SOME OF HIS WORK INTERNATIONALLY. UM, YOU KNOW, AGAIN, IF YOU LOOK AROUND THE CITY, WE DO HAVE BUILDINGS AND WE HAVE A, A YEARLY EVENT WHERE WE ENGAGE WITH ARTISTS. AND SO IT'S NICE THAT YOU'RE DOING IT ON YOUR OWN NICKEL, WHICH IS REALLY EXCELLENT. AND SECOND, THAT YOU'RE EN ENJOY, YOU STARTED WITH THE, THE SEATTLE VIBE AND NOW YOU NOTICE THERE'S A LOT OF STARBUCKS VIBES AROUND HERE. BUT IT'S INTERESTING TO SEE SOMETHING THAT'S A LITTLE BIT MORE, UH, DOWN HOME YES. IN PAROCHIAL, WHICH I THINK IS GONNA BE EVEN MORE DYNAMIC TO THAT AREA. UM, AGAIN, ONE OF THE AREAS THAT YOU MENTIONED BEFORE ABOUT THE GRAFFITI, THE FACT THAT YOU DO HAVE A WALL WITH A MURAL, SOMETIMES GRAFFITI ARTISTS LIKE TO TAG THAT BECAUSE THAT'S SEEMS LIKE A MORE ATTRACTIVE THING. SO THE MATERIALS THAT THEY'LL BE USING, WILL THAT BE A WAY WHERE THERE'S A POLYURETHANE OR SOMETHING WHERE IF IT CAN BE, YOU KNOW, CLEANED OFF OR IT HAS TO BE REPAINTED, YOU KNOW, I DON'T KNOW IF YOU'VE ADDRESSED THAT, BUT FACT THAT AND CHAIR, I COULD, I COULD HELP ADDRESS THAT TOO. AT THE STAFF TABLE, THERE IS A CONDITION OF APPROVAL RELATED, RELATED TO THE ANTI GRAFFITI CODING. JUST WANNA KIND OF REMIND SORT OF WHAT'S IN, UH, THE PURVIEW HERE WITH THE CON WITH THE REVIEW, UM, ON THE DESIGN SIDE. BUT, UH, CONDITION SIX DOES ADDRESS IT. TERRIFIC. THANK YOU. UM, ARE THERE ANY OTHER QUESTIONS FOR THE APPLICANT AT THIS TIME? UM, COMMISSIONER GFI, I JUST WANTED TO GIVE YOU A SECOND TO TALK ABOUT THE, UM, THE, UM, SIGNIFICANCE OF THE IMAGES. YEAH. WAS THERE ANY, ANY SIGNIFICANT TO THE IMAGES IN THE MURAL? VERY MUCH AS FAR AS, UH, WELL, ONE OF THE THINGS AND WITH THE GRAFFITI ACTION, UH, IDEA, DAVE AND I HAVE BEEN VERY, UH, I'M AN ARTIST AS WELL, AND SO WE'RE KIND OF READY TO GO IF SOMETHING SHOULD HAPPEN. AND WE'VE KIND OF TALKED ABOUT THAT ALREADY. SO, UM, BUT UH, YEAH, THE SIGNIFICANCE, YOU KNOW, WE DO SELL, THERE IS THE VEGAN PIZZA, AND WE DO HAVE IT IS WE HAVE PIZZA, VEGAN AND NON-VEGAN PIZZA. BUT WE WERE ACROSS THE STREET AS KIDS ON COFFEE AND CUT OUR TEETH WITH VEGAN PIZZA. SO IT'S VEGAN AND NON-VEGAN PIZZA. SO THE DESIGN, YOU KNOW, I KIND OF LEFT IT WITH THE RESPECT TO DAVE TO COME UP WITH AN IDEA FOR US. OF COURSE, THE JUG IS THE JUG BAND, YOU KNOW, IN COFFEE INSTEAD OF WHAT MIGHT HAVE BEEN IN A JUG BACK IN THE 19 HUNDREDS. BUT THE JUG. AND THEN YOU HAVE A FIDDLE PLAYER [00:25:01] AND YOU HAVE THE TUB BASIN, WHICH ACTUALLY THAT TUB BASIN, IF YOU LOOK BACK IN HISTORY, IT DOESN'T HAVE AN ORIGIN ORIGINATION DATE, BUT DID IS A TRADITIONAL AFRICAN, UM, MUSICAL INSTRUMENT. THE TUB WITH THE STRING, ONE STRING AND THE STICK. I KNOW IT'S BEEN TAKEN AWAY FROM THE ORIGINAL, BUT YOU CAN STILL FIND THOSE INSTRUMENTS IN AFRICA AS A, AS A BASS INSTRUMENT. AND THEN YOU HAVE THE BANJO, WHICH IS KIND OF PREDATES ELECTRIC GUITARS AND GUITARS AND RHYTHM AND VERY LOUD. SO IT'S JUST THE STANDARD INSTRUMENTS. AND I ACTUALLY HAVE ONE OF EACH IN THE SHOP. UM, THAT'S, THAT'S PRETTY MUCH THE IDEA. AND OF COURSE THE LITTLE BAGEL. WE'VE GOT BAGELS, , YOU KNOW, HOMEMADE SOURDOUGH BAGELS WITH A 220 7-YEAR-OLD STARTER NOW. SO IT IS A PA UH, IT'S KIND OF A PASSION OF MINE IS THE BAKING MUSIC AND FOOD. I MEAN, LOOK AT ME, . THANK YOU. YEAH. I HAVE ANOTHER QUESTION. UM, CAN YOU SPEAK TO, UH, WHAT YOUR PLAN IS FOR UPKEEP AND MAINTENANCE? UM, DO YOU HAVE, WELL, I GUESS DO YOU HAVE A PLAN FOR THAT? AND THEN WHAT, WHAT DOES THAT LOOK LIKE? I MEAN, AS FAR AS KEEPING IT CLEAN IS, UH, 'CAUSE I DO HAVE MY OWN LITTLE PRESSURE WASHER THAT I USE ON THE WALL VERY OFTEN. UM, BUT, YOU KNOW, DAVE AND I KIND OF JUST AGREED THAT WHAT, IF ANYTHING HAPPENS, I MEAN, I KEEP A VERY CLEAN SHOP ANYWAYS. THE HEALTH DEPARTMENT WAS JUST THERE LAST WEEK TO PROVE IT, . BUT, UH, I DO CLEA. WE'RE, WE'RE CLEAN PEOPLE AND NEIGHBORLY PEOPLE. AND THE GOOD THING IS, IT SOUNDS LIKE THERE'S A NEW BUSINESS COMING IN WHERE MED MEN USED TO BE AS WELL. SO THERE'S A JOINT EFFORT WE REALLY WANNA DEVELOP. AND I'VE, I'VE SAT WITH THEM NUMEROUS TIMES TALKING ABOUT WHAT WE CAN DO AND ACCOMPLISH ON THE CORNER. AND WE'RE VERY EXCITED FOR WHAT THE CITY'S GONNA DO WITH THAT CORRIDOR AS WELL. SO WE'RE VERY KNOW, YOU KNOW, WE'RE, WE TALK UP AND DOWN THE ROAD FROM ME TO HOT JAVA, YOU KNOW, WE'RE, WE'RE ALL IN CAHOOTS, I GUESS YOU'D SAY. UM, WANTING TO REDEVELOP THAT AND GET PEOPLE OUT, YOU KNOW, THE PEOPLE ACROSS THE STREET, MIKE AT THE HAT SHOP, AND WE'RE ALL VERY, YOU KNOW, WE'RE TALKING AND WE WANT THIS TO BECOME A MORE, I DON'T REMEMBER WHAT IT'S CALLED, THE, THE, THE, THE CORRIDOR FOR FOURTH STREET. THEY'VE THE BID OR SOMETHING LIKE THAT. I CAN'T REMEMBER WHAT IT'S CALLED. BUT I'M REALLY INTERESTED IN TRYING TO GET THAT FOR BROADWAY AS WELL, WHERE THERE IS A BUSINESS DEVELOPMENT ZONE, IS THAT, I THINK IT'S THAT CALLED THAT. SO I'M IN SUPPORT OF THAT AND I'VE TALKED TO A LOT OF PEOPLE, LIKE WHAT DO WE HAVE TO DO TO TRY TO GET THE, WHAT FOURTH STREET DOES? AND, YOU KNOW, IT'S NOT JUST GONNA HAPPEN ORGANIC AND WE NEED PERMITS AND MUSIC OUTSIDE. WHAT DO WE HAVE TO DO TO GET THIS? SO I AM KIND OF ON THE GROUND FLOOR OF TRYING TO SEE WHAT WE CAN DO. BUT, UH, I THINK, I MEAN, IT'S ONLY BEEN A YEAR AND I'M JUST CUTTING MY TEETH, BUT AS SOON AS I CAN GET MORE, YOU KNOW, KNOW MY NIG NEIGHBORS MORE, MORE OF MY NEIGHBORS AND TRYING TO GET THIS ACTION, I WANNA SEE THIS GROW. AND I CAN'T WAIT IF WE HAVE OVERHEAD LIGHTING AND GET PEOPLE OUT THERE AT NIGHT. 'CAUSE IT REALLY DOES QUIET DOWN, YOU KNOW. SO WE'RE, I'M WORKING ON IT. , IF I'M THE LIGHTS ON THE CORNER, THEN I'LL START IT THERE. YOU KNOW, I I LOVE YOUR, I LOVE EVERYTHING YOU'RE BRINGING HERE. OH. SO THANK YOU FOR THAT. YOU'RE IN. WELL, THANKS FOR LISTENING. AND YOU KNOW, UM, I DO, I I AM CON UM, I WOULD, I DON'T KNOW IF I CAN MAKE A RECOMMENDATION OR IF I CAN JUST ASK THE QUESTION, BUT I, I SPECIFIC TO THE PAINT MM-HMM . AND I KNOW THAT'S, YOU KNOW, THERE'S SUN THAT'S ON THE CORNER THERE AND, AND THAT'S, UM, THERE'S NO TREES OBSTRUCTING IT, WHICH IS NICE 'CAUSE YOU'LL BE ABLE TO SEE IT. UM, BUT I'M THINKING ABOUT JUST IN, YOU KNOW, TWO YEARS, FIVE YEARS AS IT STARTS TO WEAR DOWN AND THE PAINT, EVEN IF THERE IS NO GRAFFITI, YEAH, GRAFFITI IS ONE THING. BUT THEN IF THERE IS NO GRAFFITI, JUST MAKING SURE THAT IT'S STAYS SPRUCED UP AND THE COLOR IS, YOU KNOW, UH, YOU KNOW, REAPPLIED OR THINGS I SEE THIS IS MY MARKET. IT'S, IT'S, I MEAN, OBVIOUSLY THE BIG THING IS THE MARKETING. AND SO I WANT TO KEEP IT BRIGHT AND SHINY AND FIXED. I'M NOT THE FADED GLORY I NEED. I MEAN, WE HAVE, DAVE AND I HAVE TALKED ABOUT IT TOO, YOU KNOW, FROM COFFEE BAGS OF THIS, WHERE CAN WE TAKE THIS T-SHIRTS, THIS, AND I MEAN, IT'S, IT'S A BRAND, YOU KNOW, AND TO SEE, I, I DON'T WANT, I PERSONALLY, ACTUALLY, I WAS SURPRISED THAT THE BLUE UP ABOVE THE ROYAL BLUE, WHICH ALSO HAD THE APPROPRIATENESS, I DIDN'T KNOW. I LEARNED ABOUT THE APPROPRIATENESS THE FIRST TIME . SO THE ROYAL BLUE, SURPRISINGLY, AND IT'S THE SAME BLUE THAT WE'RE GONNA USE FOR THE, UH, DESIGN. THE VALSPAR IS HASN'T FADED AT ALL. AND JUST ANOTHER SIDE NOTE TO THE GOLD THAT'S ON TOP, IT'S GOLD FLAKE, BOAT PAINT, . SO I PURPOSEFULLY DID IT SO THAT IT WON'T RUN, IT WON'T FADE. IT'S HIGH VALUE, UM, PAINT. SO I HAVE PUT SOME THOUGHT INTO THOSE KIND OF IDEAS, BUT THE IDEALS OF THE SHOP, I, I CAN'T LET THAT HAPPEN. YOU KNOW, WE TAKE A LOT OF PRIDE IN TRYING TO KEEP THE FRONT CLEAN AND IT'S DIFFICULT, BUT WE TRY TO KEEP THE TRASHES ALL CLEAN AND, YOU KNOW, SO IT'S, UH, [00:30:01] YOU KNOW, WE'RE THERE AS MUCH AS WE CAN EVERY DAY. SO IT'S, UH, IT'S PRIDE FOR US. AND I CAN'T, YOU KNOW, IF THIS IS MY TICKET, IF I CAN BE OUT OF 30 YEARS OF SHIPPING, I CAN'T LET THAT GO AWAY, , YOU KNOW, SO CHAIRMAN WAN I KNOW. AND IN OUR PROCESS WE NORMALLY HAVE AN OPPORTUNITY FOR QUESTIONS TO STAFF ON THE STAFF REPORT. AND I THINK WE'VE, I JUST WANTED TO LET YOU, THAT'S AN APPROPRIATE TIME FOR QUESTIONS FOR STAFF AS WELL. WE KIND OF JUMPED THAT TO APPLICANT PRESENTATION. SO IF YOU WERE MISSING THAT, YOU CAN DO THAT NOW. 'CAUSE WE DID KIND OF MOVE THAT. THANK YOU. AND AGAIN, UH, WHAT SHE WOULD SAY IS THAT, DO WE HAVE ANY QUESTIONS FOR THE STAFF REGARDING THIS PROJECT? COMMISSIONER PERILLA PEREZ? I'D LIKE TO JUST REQUEST THAT WE BRING THE IMAGE OF THE MURAL BACK ON SCREEN, PLEASE. WE'RE WORKING ON THAT ON OUR SIDE. WOULD YOU LIKE ME TO BRING UP DAVE TOO? HE'S HERE JOINING US. YES, PLEASE. IF YOU'D LIKE TO BRING UP DAVE TO, UH, ADDRESS THE COMMISSION. HEY, THANK YOU SO MUCH FOR, IS IT POSSIBLE TO JUST ANSWER A COUPLE QUESTIONS REGARDING THE PAINT, UH, WHILE WE'RE WAITING? UM, YOU PLEASE DO. ASKING HIM QUESTIONS ABOUT THE PAINT, AND THAT'S KIND OF MORE, UM, MY EXPERTISE. SO, UM, I USE THE HIGHEST QUALITY HOUSE PAINT AND, UM, YES, IT DOES FADE. UM, BUT, UH, A LOT OF MY MURALS ARE, UH, GOING ON 10 YEARS, NINE YEARS. AND THEY HAVEN'T FADED TO THE POINT OF DETERIORATING AESTHETICALLY. UM, SO I THINK THAT'S SOMETHING TO, UH, VERY WILLING TO, YOU KNOW, REVISIT JUST WHEN NECESSARY. UM, UM, AND YOU KNOW, IT JUST COMES WITH BE, I, I TAKE PRIDE IN MY WORK. I TAKE PRIDE IN THIS CITY. AND SO, UM, I I DON'T WANT THINGS TO LOOK BAD AND I EVEN TAKE PRIDE IN OTHER PEOPLE'S MURALS. LIKE IF I SEE ANOTHER MURAL DETERIORATING, I AM LIKE, OH MAN. LIKE I, I, I FEEL, YOU KNOW, I WANT THE CITY TO, TO SHINE AND REALLY TO HAVE A, YOU KNOW, A MARK IN THE, THE CULTURAL MURAL WORLD. SO, UM, WHEN I HAVE, AND ALSO TO ADDRESS THE GRAFFITI, UM, WHEN I HAVE HAD MY PROJECTS GRAFFITI, 'CAUSE I'VE HAD A FEW, UM, IT'S JUST PART OF THE BUSINESS. UM, I, YOU KNOW, DO MY BEST TO ALWAYS, UH, YOU KNOW, FIX WHAT I CAN AND REALLY TRY TO GET IT FIXED AS SOON AS POSSIBLE. BECAUSE THE, I EVEN UNDERSTAND THE CULTURE TO AN EXTENT WHERE IF YOU LEAVE THE GRAFFITI UP FOR A PERIOD OF TIME, IT ATTRACTS MORE AND THEN EVENTUALLY IT BECOMES LIKE A TAG WALL, WHICH I'VE SEEN IN A FEW OF MY FRIENDS' MURALS. SO EVEN IF I CAN'T RESTORE THE MURAL TO ITS EXACT, YOU KNOW, PERFECTION OF WHAT IT WAS AT THE TIME, I STILL IMMEDIATELY TRY TO COVER THE GRAFFITI. AT LEAST HAVE THAT COVERED AND THEN I CAN KIND OF FIX UP THE VARIOUS ASPECTS WHEN I HAVE TIME. THAT'S ALL I WANNA SAY. COMMISSIONER, DID YOU WANT TO ADDRESS, UM, DAVE, ARE THERE ANY OTHER MURALS IN THE CITY THAT, UH, YOU COULD DIRECT US TO? UM, WE HAVE, WE'VE GOT QUITE A FEW. UM, ACTUALLY, UH, ONE OF, ONE OF MY FAVORITES, I I, I DID A, A, A COUPLE PROJECTS IN THE ZARIA DISTRICT, UM, THIS YEAR. I PAINTED, UH, ONE ON SUPPLY AND DEMAND BAR. UM, I ALSO PAINTED ONE ON THE SIDE OF THE COMPOUND, UH, ART GALLERY ALSO IN THAT DISTRICT. I HAVE ONE ON, UH, ALEX'S BAR. AND THE COOL THING ABOUT THAT IS, UM, IN 2016, THE LONG BEACH POST HAS KIND OF A VIEWER OR A, YOU KNOW, READER'S POLL WHERE THEY VOTE. AND IT WAS VOTED BEST ARTIST, UH, IN LONG BEACH. AND ALSO THAT MURAL, UH, ALEX'S BAR MURAL WAS VOTED BEST MURAL IN LONG BEACH IN 2016. AND, YOU KNOW, THE VOTING POLLS OVER A HUNDRED THOUSAND PEOPLE. UM, SO, UM, I DEFINITELY HAVE THE, THE, THE, THE LOCAL, YOU KNOW, MANY OF THE LOCALS IN LONG BEACH WERE, YOU KNOW, PART OF THE ART SCENE. UH, YOU KNOW, THEY REALLY, I DUNNO, I WOULD SAY THEY LIKE MY WORK AND THEY, THEY, YOU KNOW, FOR THE MOST PART, DON'T HAVE PROBLEMS WITH IT. ONE OF THE THINGS THAT THE, THAT IS A PART OF MY WORK IS ALWAYS A BIT OF HUMOR AND, YOU KNOW, LITTLE, I WANNA BE PLAYFUL, YOU KNOW? UM, AND THAT'S TO ME KIND OF WHAT'S REFLECTED HERE. IT'S JUST, IT'S BASICALLY EVERYTHING THAT IS MEANINGFUL TO THE SHOP. BUT, YOU KNOW, I WANNA BE PLAYFUL. I WANT PEOPLE TO SEE ART AND NOT FEEL IT BE BORING. I DON'T WANT IT TO BE OFFENSIVE, BUT I WANT IT TO BE, WOW. THAT'S, THAT'S EXCITING. YOU KNOW, THAT. SO THAT'S COMING FROM, SO WHAT MUSICIAN WOULD YOU BE IN THAT MURAL? ? UM, YOU KNOW, I DON'T WANT TO BE THE SKELETON, BUT I THINK, I THINK, UM, YEAH, LIKE CONSIDERING, UM, NOT, NOT THE HIPPIE GUY IN THE, THE HAT THAT WAS ME PROBABLY AT 27. SURE. BUT AT 43, I'M PROBABLY THIS CLOSER TO THE SKELETON. I'M PROBABLY THE BAGEL . AGAIN, IT WASN'T A TRICK QUESTION. I WAS JUST CURIOUS, , UH, AT, AT THIS TIME, ANY, UH, OTHER COMMISSIONERS WOULD LIKE TO ADDRESS THE STAFF REPORT? AND IF NOT, WE CAN MOVE ON MR. HARDY TO, UH, PUBLIC COMMENT. THANK YOU. ALRIGHT, THANK YOU. AND I AM VERY OPEN TO PLEASE REACH OUT IF THERE'S IDEAS OR THOUGHTS OR ANYTHING THAT I COULD DO NEIGHBORLY FOR OTHER PEOPLE. I AM VERY OPEN AND [00:35:01] HAPPY TO TALK TO EVERYBODY, SO THANK YOU. THANK YOU. I APPRECIATE THAT. THANK YOU ALL FOR YOUR TIME. UH, AT THIS TIME WE WOULD LIKE TO TAKE PUBLIC COMMENT. ANYONE WHO WOULD LIKE TO SPEAK, PLEASE LINE UP TO THE MICROPHONE. THANK YOU. UM, AND STATE YOUR NAME AND ADDRESS FOR THE RECORD. GOOD AFTERNOON. I'M GRIS LA SUAREZ. I AM THE EXECUTIVE DIRECTOR OF THE ARTS COUNCIL FOR LONG BEACH. SO THOMAS, NICE TO MEET YOU. UM, AND I'M ALSO A RESIDENT. I LIVE OFF OF TEMPLE. UH, AND THAT'S HOW I LEARNED ABOUT THIS FABULOUS INVESTMENT IN OUR, IN OUR COMMUNITY. 'CAUSE THIS IS A NEIGHBORHOOD BUSINESS. CONGRATULATIONS ON ALL YOUR SUCCESS. UH, I'M REALLY HERE TO JUST SAY CONGRATULATIONS TO THE BUSINESS AND TO, UM, DAVE VAN PATTON, WHO IN 2016 WAS A PROFESSIONAL ARTIST FELLOW, WHICH IS LIKE THE ARTIST OF THE YEAR FOR THE CITY OF LONG BEACH THROUGH THE ARTS COUNCIL. AND WE HAVE, UH, COMMISSIONER, UH, COMMISSIONERS ON THE ARTS COUNCIL, A PUBLIC ART MAP. AND SO THERE YOU CAN LOOK UP DAVE AND FIND ALL HIS WORK THAT IS RELATED TO, UM, TO LONG BEACH. AND WE ARE SO PROUD TO REFER TO HIM WHENEVER PEOPLE CALL AND ARE LOOKING FOR THIS WONDERFUL STYLE THAT HE HAS. AND SO, UM, I'M JUST HERE TO OFFER OUR SUPPORT TO THE BUSINESS AND, UM, PROVIDE OUR KNOWLEDGE, OUR KNOWLEDGE BASE TO THE COMMISSION AND INCLUDE, AND IN ADDITION TO OUR PUBLIC ART MAP, PLEASE DOCUMENT THE MURAL PROCESS. WE WOULD LOVE TO HAVE IT ON THE MAP. UM, AND, UH, WE OFFICIALLY HAVE LAUNCHED A PUBLIC ART GRANT THROUGH THE ARTS COUNCIL FOR MAINTENANCE. SO BUSINESSES, UM, ARTISTS CAN CONTINUE MAINTAINING THEIR WORK. IT'S REALLY IMPORTANT FOR US TO, TO PROVIDE THAT RESOURCE FOR EVERYBODY. UM, AND WE'RE EXCITED TO FINALLY DO IT. IT SEEMS LIKE WE SHOULD HAVE DONE IT A LONG TIME AGO, BUT WE'RE SO PROUD THAT WE NOW OFFER THAT RESOURCE FOR, FOR EVERYBODY. UM, AND SO WE LIKE TO ENCOURAGE, UM, THE COMMISSIONERS AND THE STAFF TO, UH, YOU KNOW, LET US KNOW HOW WE CAN LEARN MORE ABOUT THE APPROPRIATENESS. I HEAR THAT THERE'S AN ANTI GRAFFITI APPROPRIATENESS THAT WE CAN WORK PARTNER WITH. MAYBE WE KNOW WE WORK WITH PUBLIC WORKS ON MAINTAINING THE PUBLIC ART MAP WITH THE CITY MANAGER'S OFFICE ON MAINTAINING THE PUBLIC ART MAP. AND WE REALLY LIKE TO, UM, MAP ALL THE ART IN THE CITY. RIGHT NOW WE HAVE OVER 600 ENTRIES, UM, BUT IN OUR DATABASE WE ONLY, WE HAVE OVER 800 ENTRIES. SO WE'RE SLOWLY MAPPING THEM ALL OUT THIS YEAR IN PARTNERSHIP WITH THE MAYOR, UM, FOR OUR CULTURAL ASSET MAPPING. SO, UH, BEYOND, YOU KNOW, FACILITATING, UM, PUBLIC ART, WE ARE ADVOCATES FOR PROTECTIVE COATINGS AND ANTI GRAFFITI TREATMENTS. UM, YOU KNOW, IT'S THE PUBLIC ART IS A SIGNIFICANT INVESTMENT IN OUR CULTURAL IDENTITY. AND LONG BEACH IS DEFINITELY KNOWN FOR OUR MURALS. WE FULLY SUPPORT, UH, YOUR APPROVAL FOR THIS PROJECT, AND WE ARE EXCITED TO SEE ANOTHER MURAL IN OUR COMMUNITY. UM, I APPRECIATE THE, I APPRECIATE THE OPPORTUNITY TO SPEAK ON BEHALF OF THE ARTS COUNCIL AND ALL THE ARTISTS. AND, UM, AGAIN, TO SUPPORT HERE, DAVE VAN PATTON, HIS WONDERFUL WORK. HE HAS, UM, ALLOWED US TO, UH, BRING MIDDLE SCHOOL STUDENTS AND ELEMENTARY SCHOOL STUDENTS TO HIS MURALS. AND HE TALKS ABOUT HIS PROCESS. AND SO IT'S REALLY EXCITING TO HAVE OUR OWN DAVE AND PAT MURAL IN MY NEIGHBORHOOD. SO, AGAIN, THANK YOU, UH, COMMISSIONERS AND STAFF, UM, FOR THIS WORK. WE REALLY APPRECIATE IT. THANK YOU FOR YOUR COMMENTS. THE ARTS COUNCIL PROVIDES A EXCELLENT RESOURCE TO OUR COMMUNITY. THANK YOU. IS THERE ANYONE ELSE FROM THE PUBLIC THAT WOULD, TO ADDRESS THIS ITEM ON THE AGENDA? IF NOT VIRTUALLY, IF THERE ARE ANY MEMBERS OF THE PUBLIC THAT WOULD LIKE TO SPEAK ON THIS ITEM, PLEASE USE THE RAISE HAND FEATURE OR DIAL STAR NINE. NOW, THERE APPEARS TO BE NO PUBLIC COMMENT AT THIS TIME. THANK YOU, COMMISSIONERS. ARE THERE ANY OTHER DISCUSSIONS? YEAH, I, I WOULD LIKE TO JUST MAKE A RECOMMENDATION TO THE STAFF THAT WHEN THERE IS PUBLIC ART OR MURALS, UM, THAT WE ENGAGE WITH THE ARTS COUNCIL ON, LIKE SYSTEMA SYSTEMATIZE THAT, YOU KNOW, SO THAT WE CAN DO THIS ON A REGULAR BASIS SO THAT WE CAN MAKE SURE THAT, UH, YOU KNOW, THE RIGHT PAINTS AND THINGS ARE BEING USED SO THAT IT, IT, UM, SPEAKS TO BOTH THE LONGEVITY AND THE UPKEEP, BUT ALSO, UH, GRAFFITI, UH, REMEDIATION, THINGS LIKE THAT. UM, AND ALSO I'M, I'M JUST PERSONALLY A BIG FAN OF DAVE VAN PATTON'S WORK, SO I HAD TO MENTION THAT. AND THE MURAL AT SECOND. AND PCH IS VERY, VERY COOL, AS ARE THE ONES ON THE 91 FREEWAY UP ON LAKEWOOD BOULEVARD. SO, VERY COOL STUFF THERE. UM, BUT, AND I KNOW THAT AS AN EXPERIENCED ARTIST, THAT YOU'RE, YOU'RE VERY CLEAR ON [00:40:01] THE TYPES OF PAINTS AND THINGS THAT YOU'RE USING. SO I, I'VE, I'VE SEEN YOUR MURALS AND I'VE SEEN THE UPDATES OR UPKEEP ON THOSE, SO I APPRECIATE THAT. UM, BUT I DO THINK THAT WE, UM, SHOULD, AS A COMMISSION MAKE SURE THAT THAT'S JUST SOMETHING THAT HAPPENS EACH TIME THAT WE HAVE SOMETHING LIKE, UM, UH, ANYTHING THAT'S MURAL RELATED OR PUBLIC ART RELATED THAT WE ENGAGE WITH THE ARTS COUNCIL AND MAKE SURE THAT THAT STUFF IS BOTH ADDED TO THEIR REGISTRY AND PROMOTED AS WELL, BUT ALSO, UM, THAT THEY CAN SPEAK TO, YOU KNOW, SOME OF THE T'S AND C'S OF THAT KIND OF STUFF. SO, EXCELLENT POINT. COMMISSIONER PRYOR, ANY OTHER COMMISSIONERS WOULD LIKE TO ADDRESS THIS PARTICULAR ITEM? IF THERE ARE NONE MADAM CLERK, PLEASE CALL FOR THE VOTE. MOTION CARRIES. THANK YOU. UH, MADAM CLERK, WOULD YOU PLEASE READ THE NEXT ITEM? ITEM FOUR IS [4. 25-54447 Recommendation to receive and file presentation on the Annual Report from the Office of Ethics and Transparency.       Suggested Action: Approve recommendation. ] RECOMMENDATION TO RECEIVE AND FILE PRESENTATION ON THE ANNUAL REPORT FROM THE OFFICE OF ETHICS AND TRANSPARENCY. MAY I HAVE A MOTION TO HEAR THIS ITEM? ? IS THERE A SECOND? AND WE HAVE A MOTION FROM COMMISSIONER PADILLA PEREZ AND A SECOND FROM COMMISSIONER PIZZA. THANK YOU. MAY WE HAVE THE PRESENTATION? GOOD EVENING, UH, CHAIR AND COMMISSIONER. SO FOR THIS PRESENTATION, WE HAVE, UM, HEATHER VAN WICK FROM THE OFFICE OF CITY MANAGER REGARDING, UM, ETHICS AND TRANSPARENCY. YOU'LL REMEMBER WE DID THIS PRESENTATION LAST IN NOVEMBER OF 2023, SO JUST OVER A YEAR AGO. AND IT'S TYPICAL PRACTICE TO PROVIDE THIS REFRESHER FOR EACH COMMISSION, UM, IN THE CITY, SO THAT WE'RE ALL MAINTAINING CONSISTENT STANDARDS. UM, AND I'LL HAND IT OVER TO HEATHER. THANK YOU ALLISON. UH, GOOD TO SEE YOU GUYS AGAIN. UM, AGAIN, MY NAME IS HEATHER VAN WICK. I'M THE ETHICS OFFICER, UH, WITH THE OFFICE OF ETHICS AND TRANSPARENCY HOUSED IN THE CITY MANAGER'S OFFICE. UH, USUALLY I DO THIS PRESENTATION WITH JEFF WILLIAMS, UM, AS MY PARTNER FROM THE MAYOR'S OFFICE. UH, THIS PRESENTATION IS IMPORTANT TO THE MAYOR'S WORK. UM, SO JEFF LIKES TO JOIN ME JUST TO SAY HI. UM, HE IS PREOCCUPIED THIS EVENING, BUT DOES SEND HIS WELL WISHES. UM, SO I'M JUST GONNA GIVE YOU A VERY QUICK UPDATE ON WHAT WE'VE BEEN DOING. AND THEN, UM, AARON WILL GIVE YOU A, A, A METEOR PRESENTATION ON THE NEXT ITEM. NEXT SLIDE, PLEASE. UM, SO JUST A LITTLE, UM, REFRESHER. UH, BACK IN NOVEMBER, NOVEMBER OF 2018, UH, THE LONG BEACH VOTERS APPROVED MEASURE CCC, WHICH ESTABLISHED OUR ETHICS COMMISSION. UH, THIS IS A RECOMMENDING BODY. IT DOES HAVE SOME OVERSIGHT OVER, UM, DIFFERENT PROVISIONS OF THE CHARTER AND OTHER STATUTES. UM, BUT AGAIN, THEY ARE A RECOMMENDING BODY. THAT BEING SAID, UM, THEY, THE CHARTER DOES GIVE THEM A SAY IN OUR EDUCATION PROGRAM. SO, UM, THAT IS A PRIORITY FOR THEM. WITH THIS MEASURE, IT, IT REALLY HELPED, UM, THE CITY CENTRALIZE OUR ETHICS PROGRAM, UM, WHICH IN 2024, WE JOINED FORCES WITH OUR PUBLIC RECORDS ACT PROGRAM. SO WE ARE AGAIN, NOW THE OET AS YOU KNOW, WE LAUNCHED A TRAINING PROGRAM, UH, IN JUNE OF 2023. UM, THAT WAS OUR CODE OF CONDUCT AND ETHICS TRAINING. THAT IS AN ANNUAL TRAINING. UH, WE JUST FINISHED WORKING WITH A CONSULTANT ON A FIVE YEAR STRATEGIC ROADMAP THAT WE'VE STARTED, OR WE DID, UH, OPERATIONALIZE STARTING IN JANUARY LAST MONTH. SO LOTS OF EXCITING THINGS COMING OUT OF OUR OFFICE. AND AGAIN, WE, WE ALWAYS ARE WORKING IN PARTNERSHIP WITH THE MAYOR AS WELL AS THE CITY ATTORNEY AUDITOR AND CLERK, UM, AS WELL AS HUMAN RESOURCES. SO, JEFF IS, IS PART OF THIS ROAD SHOW WITH ME, BUT THE CITY ATTORNEY'S OFFICE IS THE OTHER VERY IMPORTANT PARTNER, UM, IN THIS ROAD SHOW. NEXT SLIDE, PLEASE. SO, JUST WANNA REMIND US ALL ABOUT THE DIFFERENT TRAININGS, UM, THAT YOU ALL AS CITY OFFICIALS ARE REQUIRED TO TAKE. UM, AGAIN, THE CITY, THE CITY'S CODE OF CONDUCT AND ETHICS. SO THIS IS AN ANNUAL TRAINING. UH, YOU ARE ALSO RESPONSIBLE [00:45:01] FOR THE STATE, CITY, STATE, AND CITY REQUIRED HARASSMENT TRAINING FOR CALIFORNIA EMPLOYEES. THIS IS BIANNUAL. YOU STILL ALSO HAVE THE STATE REQUIRED AB 1234 ETHICS TRAINING. UH, THIS IS THE TWO HOUR TRAINING THAT IS BY NIO AS WELL. UH, WE TOOK OWNERSHIP OF THAT TRAINING, UM, OVER IN THE CITY. SO THAT TRAINING NOW LIVES AND LEARN. UH, THERE'S FIVE PARTS. JUST A REMINDER THAT ALL OF THESE TRAININGS ARE REQUIRED. UM, WE DID HAVE TO REMOVE SEVEN COMMISSIONERS LAST YEAR FOR NON-COMPLIANCE WITH, UH, THE AB 1234 TRAINING. SO WHERE ONCE UPON A TIME WE MAY NOT HAVE BEEN ACTIVELY PURSUING, UH, COMMISSIONERS FOR NON-COMPLIANCE. UM, WE, WE NOW ARE, THANK YOU. UM, THERE'S ALSO THE 2030 STRATEGIC VISION, THE PARLIAMENTARY PROCEDURE FOR PUBLIC MEETINGS AND THE EQUITY TOOLKIT, WHICH I BELIEVE IS STILL PENDING. SO THOSE ARE REQUIRED, BUT ONCE YOU DO THOSE, I BELIEVE YOU ONLY HAVE TO DO THOSE ONCE. UM, AND AGAIN, ALL OF THESE TRAININGS LIVE AND LEARN. WE HAVE A HELPLINE, I BELIEVE WHEN I WAS HERE LAST, WE WERE STILL, UM, WORKING IN PARTNERSHIP WITH THE AUDITOR'S OFFICE, UM, TRYING TO USE THE SAME HOTLINE THAT, UM, DID NOT WORK OUT SO WELL. UH, SO WE NOW HAVE OUR OWN, HOWEVER YOU CAN CALL EITHER NUMBER, UM, AND WE WILL GET YOU TO THE RIGHT PERSON. THE IMPORTANT THING IS TO CALL IF YOU FEEL THE NEED TO CALL. JUST A REMINDER OF ALL THE RESOURCES THAT WE HAVE. WE, UM, ARE DILIGENT AND KEEPING OUR OET, UH, HOMEPAGE AND OTHER WEBPAGES UP TO DATE. UH, THE CITY CLERK HAS THEIR, UH, DISCLOSURE REPORTS AND ETHICS PORTAL, UM, IF THEY HAVE A LOT OF STATE RESOURCES. UM, SO THEY'RE A GOOD SITE FOR THAT. AGAIN, WE HAVE OUR CITY AUDITORS, UH, FRAUD HOTLINE, AND THEN THE VARIOUS HANDBOOKS THAT ARE IMPORTANT TO THE WORK THAT YOU DO. UH, WE HAVE UPDATED OUR ETHICS GUIDE FOR CITY OFFICIALS. WE HAVE OUR COMMISSION HANDBOOK THAT I THINK A LOT OF US, INCLUDING MYSELF, FORGET THAT WE HAVE THIS HANDBOOK. AND IT'S ACTUALLY VERY HANDY AND CAN GENERALLY ANSWER MOST OF YOUR QUESTIONS. UH, AND THEN WE DO HAVE A BROWN ACT GUIDE THAT WE KEEP POSTED ON OUR WEBSITE, BUT AARON'S GONNA DO A DEEPER DIVE INTO THAT. NEXT, JUST A COUPLE REMINDERS, UM, SOME ISSUES THAT WE'VE HAD WITH OTHER COMMISSIONS OVER THE LAST YEAR. SO, UM, JUST A REMINDER THAT ONLY THE CHAIR OR ANOTHER MEMBER OF YOUR COMMISSION AUTHORIZED BY YOUR COMMISSION MAY ADDRESS THE COUNCIL AS A COMMISSIONER. THIS ALSO APPLIES TO ALL OTHER ACTIONS TAKEN OUTSIDE OF COMMISSION MEETINGS. THIS INCLUDES PUBLIC MEETINGS, YOUR SOCIAL MEDIA ACCOUNT SIGNATURES AND ENDORSEMENTS. UM, WE HAVE A FORMAL, IT'S IMPORTANT TO, TO ADHERE TO FORMAL APPROVAL PROCESSES. THIS HELPS ENSURE THAT ANY STATEMENTS OR COMMUNICATIONS MADE OUTSIDE OF YOUR COMMISSION MEETING ARE ALIGNED WITH YOUR OBJECTIVES AND DO NOT PROMOTE PERSONAL AGENDAS OR BIASES. UM, SO THE ETHICS COMMISSION IS ACTUALLY WORKING ON, UM, A RECOMMENDATION THAT WILL GO TO COUNCIL ON MAYOR SOON, UM, FOR AN, UH, WHAT THEY'RE CALLING THE GOOD GOVERNMENT ACT. AND, UH, PART OF THAT RECOMMENDATION WILL INCLUDE, UM, TO CONSIDER CODIFYING, UM, THIS LANGUAGE. YOU'LL ONLY FIND IT RIGHT NOW IN THE HANDBOOK SPECIFIC TO COUNCIL MEETINGS, BUT IT DOES APPLY TO ALL OTHER MEETINGS, UM, ANNUAL REPORTS. THOSE ARE DUE IN JUNE. IF YOU HAVE ANY LEARNED CONCERNS, WHICH WE DO HAVE THOSE AT TIMES WHEN YOU'RE TRYING TO DO YOUR TRAININGS, UM, LEARN SUPPORT@LONGBEACH.GOV. UH, THERE IS A TEAM OF REAL PEOPLE THAT ANSWER THAT EMAIL. SO IF YOU HAVE TROUBLE WITH YOUR LEARN ACCOUNT, PLEASE REACH OUT. UM, BUT I'M, YOU CAN ALSO REACH OUT TO ALEX OR ALLISON AND I CAN AND HELP GET YOU TO THE RIGHT PERSON. FORM SEVEN HUNDREDS ARE DUE BY APRIL 1ST. AND AGAIN, COMMISSION MEETINGS MUST BE CONSISTENT WITH THE BROWN ACT, UM, BYLAWS AND ROBERT'S RULES OF ORDER. AND THAT IS MY ANNUAL HELLO. AND I'LL TAKE ANY QUESTIONS. THANK YOU FOR THAT PRESENTATION. ARE THERE ANY COMMISSIONERS THAT WOULD LIKE TO ADDRESS THIS, THIS PROJECT AT THE TIME? I HAVE ONE QUESTION, AND IT HAS TO DO WITH THE OVERSIGHT WITH THE ETHICS COMMISSION AND THE OFFICE OF ETHICS AND TRANSPARENCY. ARE THEY MUTUALLY EXCLUSIVE? HOW DO THEY INTERACT? THEY ARE NOT MUTUALLY EXCLUSIVE. THE ETHICS COMMISSION IS UNDER, UH, THE O'S PURVIEW. UM, THEY, THEY, THAT COMMISSION LIVES IN THE CITY MANAGER'S OFFICE. AND I'M THAT STAFF LIAISON FOR THE ETHICS COMMISSION. SO THERE'S A, A DIRECT CONNECTION [00:50:01] BETWEEN THE COMMISSION AND THE OET. THANK YOU. MM-HMM . UM, I KNOW THAT THE ETHICS COMMISSION WAS FORMED RATHER RECENTLY. IT WAS VOTED BY THE, THE, THE VOTERS. SO WE'LL BE WE SEEING MORE UPDATES REGARDING SOME OF THESE ITEMS THAT YOU DISCUSSED TODAY? DEFINITELY. SO WE, UM, ACTUALLY JUST TODAY FINALIZED, UM, OUR INAUGURAL ANNUAL REPORT FOR, UM, THE OET THAT WILL GO UPSTAIRS TO MAYOR AND COUNCIL, HOPEFULLY TOMORROW. AND THEN THAT'LL GO OUT PUBLICLY. I CAN SEND OUT TO THE LIAISONS TO SHARE. AND, UM, THE ETHICS COMMISSION IS, UH, DRAFTING THEIR ANNUAL REPORT RIGHT NOW. SO PART OF OUR VISION FOR 2025 IS TO PUT TOGETHER A DASHBOARD WHERE WE CAN TRACK ALL OF THE DIFFERENT THINGS THAT ARE COMING OUT OF THE OET AND OUR, UH, NEW ROADMAP. THANK YOU. UM, PLEASE. YEAH, COMMISSIONER GFI. UM, SO IT, IS THERE A PLACE THAT WE CAN GO TO SEE WHAT OUR STATUS IS OF ALL OF THESE THINGS? IT STARTS, STARTS TO GET CONFUSING WITH ALL THE DIFFERENT THINGS THAT WE HAVE TO CHECK OFF. YES. SO YOU SHOULD BE ABLE TO GET THAT INFORMATION JUST GOING INTO YOUR LEARN ACCOUNT. HOWEVER, PUTS A LEARN ACCOUNT, THAT'S KIND OF WHAT WE DO, OUR ETHICS TRAINING. OH, OKAY. I'LL HAVE TO CHECK ON THAT. SO YES, ONCE WE CONFIRM THAT YOU HAVE A LEARN ACCOUNT AND, AND MAKE SURE IT'S WORKING RIGHT, UM, YOU'LL GET CONSTANT REMINDERS. HOWEVER, THERE ARE TIMES WHERE THEY'RE REMINDING YOU TO DO A TRAINING THAT YOU'VE ALREADY COMPLETED FOR THAT. THAT'S HAPPENED TO ME TOO. YEAH. SO JUST MAKE SURE YOU'RE REACHING OUT TO ALLISON OR WHOMEVER ON ALLISON'S TEAM OKAY. IS THE BEST POINT OF CONTACT. AND WE CAN WORK WITH LEARN. UM, ALSO, WHOMEVER ON ALLISON'S TEAM MANAGES THAT SIDE OF LEARN CAN, CAN TRACK YOU PRETTY EASILY AS WELL AND LET YOU KNOW, UM, WHAT THEY'RE SEEING ANYWAY. OKAY. YEAH. COMMISSIONER KFI, WE CAN FOLLOW UP WITH YOU IF YOU DON'T HAVE ACCESS TO YOUR LEARN ACCOUNT. UM, ALL THE COMMISSIONERS ARE TECHNICALLY CITY EMPLOYEES. YOU'RE NOT EMPLOYEES IN A NORMAL SENSE OF THAT WORD. AND WE'RE PROBABLY PAYING YOU LESS THAN MINIMUM WAGE WHEN YOU THINK ABOUT ALL YOUR COMMUNITY TIME AND EFFORT YOU PUT INTO THIS COMMISSION. BUT YOU ARE EMPLOYEES OF THE CITY. UM, YOU DO TECHNICALLY HAVE AN EMPLOYEE ID, YOU HAVE AN EMPLOYEE HR ACCOUNT, WHICH IS YOUR LEARN ACCOUNT, WHICH IS YOUR ACCESS TO ALL OF YOUR TRAININGS. UM, BOTH OPTIONAL AND REQUIRED. SO WE'LL, UM, FOLLOW UP WITH ACTUALLY EVERY MEMBER OF THE COMMISSION. MAKE SURE THEY KNOW HOW TO LOG INTO THEIR LEARN ACCOUNT. I JUST WANT TO CORRECT ONE THING. YOUR LEARN ACCOUNT WON'T TELL YOU THAT YOU HAVEN'T FILLED OUT YOUR FINANCIAL DISCLOSURE. UM, BUT IF YOU DON'T FILL OUT YOUR FINANCIAL DISCLOSURE, YOU'LL HEAR FROM ALL KINDS OF FOLKS HERE IN THE DEPARTMENT. UM, YOU'LL HEAR FROM ALLISON, YOU'LL HEAR FROM OUR ADMINISTRATIVE STAFF, YOU'LL HEAR FROM OUR HUMAN RESOURCES STAFF. UM, THERE'S A NAUGHTY LIST THAT GETS PUT OUT, UM, BY THE CITY MANAGER OF PEOPLE THAT DON'T FILL OUT THEIR ETHICS FORMS, INCLUDING FINANCIAL DISCLOSURE. UM, SO I'M CONFIDENT THAT WE WILL ACHIEVE A HUNDRED PERCENT, UM, NOT ONLY ON THIS COMMISSION, BUT ACROSS ALL OF OUR BOARDS AND COMMISSIONS. UM, BECAUSE I KNOW I'LL HEAR ABOUT IT, UM, FROM MY BOSS IF WE DON'T, AND I KNOW THAT IT'S IMPORTANT AND THAT YOU'LL ALL WORK WITH US TO ACHIEVE THAT. A HUNDRED PERCENT. THAT WAS VERY EXCELLENT SUMMARY . UM, I'D LIKE TO KNOW WHO I HAVE TO ADDRESS FOR MY FIVE THINGS I DID LAST WEEK. , JUST, JUST JOKING. UM, AT THIS TIME, ARE THERE ANYONE FROM THE PUBLIC THAT WOULD LIKE TO ADDRESS? OH, I HAD A QUICK QUESTION. PARDON? SORRY. SORRY. CHAIRMAN WAN ACTUALLY IT PERTAINS TO YOU IN A WAY. UM, YOU HAD SAID THAT THE CHAIR IS THE ONLY, UM, COMMISSIONER THAT CAN GO OUT IN PUBLIC AND REPRESENT THE CULTURAL HERITAGE GROUP. IS, IS THAT, AM I UNDERSTANDING THAT RIGHT? AND IF SO, DO THEY NEED PRIOR APPROVAL OR WHO DO THEY TALK TO OR HOW DOES THAT WORK? THEY ARE, THEY HAVE THE RIGHT TO ADDRESS CITY COUNCIL WITHOUT, UH, THE BODY'S APPROVAL. HOWEVER, THAT'S THE ONLY PLACE IT STATES THAT IN THE HANDBOOK IS THAT RULE. UM, SO WE TEND TO EXPAND ON THAT BASED ON PRACTICE AND WE'RE TRYING TO PUT THAT INTO POLICY NOW. UM, BUT IT'S A GENERAL PRACTICE THAT THE CHAIR CAN SPEAK AT A COUNCIL MEETING ON COMMISSION BUSINESS. UM, IF ANYONE ELSE IS GOING TO SPEAK AT THE COUNCIL MEETING OR ANYWHERE ELSE, THEY NEED TO HAVE, UM, BODY APPROVAL FIRST. AND I WOULD, THAT GOES FOR THE CHAIR TOO, ANYTIME OUTSIDE OF COUNSEL. AND THAT'S WHEN YOU'RE REPRESENTING YOURSELF TO BE SPEAKING ON BEHALF OF THIS BODY. MM-HMM . YOU HAVE FIRST AMENDMENT RIGHTS THAT YOU ARE VERY WELCOME TO EXERCISE, BUT IT'S WHEN YOU'RE SPEAKING IN YOUR CAPACITY AS A COMMISSIONER, WHAT WOULD, WHAT [00:55:01] WOULD BE THE CASE IF IT WAS IN FRONT OF THE PLANNING COMMISSION? AN ITEM THAT WE ADDRESSED THEN WENT TO THE PLANNING COMMISSION? WOULD THAT APPLY WITH THE CHAIRMAN OR WE WOULD HAVE TO APPOINT A REPRESENTATIVE TO SPEAK ON BEHALF? SO, SO JUST ON A PRACTICAL STANDPOINT, UM, YOU DON'T NECESSARILY NEED OUR APPROVAL, BUT I THINK THAT'S KIND OF A DELICATE SITUATION WHERE YOU WOULD REACH OUT TO STAFF. SO YOU REACH OUT TO ALLISON. UM, IN MY MIND IT WOULD BE THE CHAIR, UH, THAT IF THEY WANTED TO COME AND PRESENT THE, YOU KNOW, COMMISSIONS, THIS COMMISSION'S, UH, POSITION TO THE PLANNING COMMISSION, UM, THAT THE CHAIR WOULD DO THAT IN THE EVENT THAT THE CHAIR WASN'T AVAILABLE, WE WOULD WORK THROUGH THE LOGISTICS OF HOW THAT WOULD UM, HAPPEN. UM, I THINK WE AGREE MORE TIMES THAN NOT, BUT EVEN WHEN WE DISAGREE, ALLISON IS HERE TO, UM, HELP YOU WITH ALL OF THOSE PROCEDURAL, UM, QUESTIONS AND, AND NAVIGATE THE PROCESS. SO THAT WOULD BE SORT OF THE PROCESS, UM, IN THAT UNUSUAL CIRCUMSTANCE. THANK YOU. UH, COMMISSIONERS. IS THERE ANYONE ELSE THAT WOULD LIKE TO ADDRESS THIS ITEM BEFORE WE OPEN UP TO THE PUBLIC? IF THERE ARE NONE, ANYONE IN FROM THE PUBLIC THAT WOULD LIKE TO ADDRESS THIS PARTICULAR ITEM, PLEASE STAND UP AND ADDRESS THE ITEM, IF NOT VIRTUALLY. IF THERE ARE ANY MEMBERS OF THE PUBLIC THAT WOULD LIKE TO SPEAK ON THIS ITEM, PLEASE USE THE RAISE HAND FEATURE OR DIAL STAR NINE. NOW THERE APPEARS TO BE NO PUBLIC COMMENT AT THIS TIME. THANK YOU. UH, AT THIS TIME BEFORE WE CALL FOR THE VOTE COMMISSIONERS, ANY LAST COMMENT? MADAM CLERK, PLEASE CALL FOR THE VOTE. JUST ONE LAST ONE. IS THERE AN APP FOR THE LEARN? WE'RE NOT THAT ADVANCED, BUT MAYBE NEXT TIME. OKAY. COMMISSIONER PIZZA, IF YOU'D LIKE TO GIVE A VOICE VOTE, I CAN TAKE THAT. IS, UH, COMMISSIONER PIZZA? YES. THANK YOU. AND CHAIRMAN GU AYE. THANK YOU. MOTION CARRIES. THANK YOU. UM, MADAM CLERK, PLEASE READ THE NEXT ITEM ON THE AGENDA. ITEM NUMBER [5. 25-54448 Recommendation to receive and file presentation from the City Attorney’s Office on the Brown Act.       Suggested Action: Approve recommendation. ] FIVE IS RECOMMENDATION TO RECEIVE AND FILE PRESENTATION FROM THE CITY ATTORNEY'S OFFICE ON THE BROWN ACT. MAY I HAVE A MOTION TO HEAR THIS ITEM? AND WE HAVE A MOTION FROM COMMISSIONER PRYOR AND A SECOND FROM COM. VICE CHAIR GFI. THANK YOU. UM, AT THIS TIME PLEASE. THANK YOU, COMMISSIONERS. THANK YOU. I KNOW THAT YOU LOOK FORWARD TO THIS EVERY YEAR, AND SO I'M SO EXCITED TO BE ABLE TO KIND OF WALK THROUGH. IT'S REALLY AN IMPORTANT REMINDER. IT, IT'S THE CORE OF ALL THE WORK THAT YOU DO IN THIS ROOM, AND IT'S OUR GUARDRAILS FOR HOW WE ENSURE WE HAVE OPEN AND TRANSPARENT AND FAIR HEARINGS AND OPPORTUNITIES FOR PARTICIPATION WITH THE PUBLIC. SO WE WILL GET STARTED ON OUR BROWN ACT JOURNEY IF THE CLICKER WILL WORK. I'M ERIN, YOU KNOW ME, YOU SEE ME OFTEN. UM, BUT WE'LL KIND OF WALK THROUGH JUST GENERALLY WHAT WE HOPE TO COVER. WE'LL TALK ABOUT THE HISTORY OF THE BROWN ACT, ITS PRINCIPLES, IMPORTANTLY AVOIDING THE APPEARANCE OF IMPROPRIETY. AND THAT CAN HAPPEN THROUGH EX PARTE CONTACTS, WHICH WE'LL TALK ABOUT. WE'LL TALK ABOUT WHO'S SUBJECT TO THE BROWN ACT. SPOIL ALERT YOU ARE. WE'LL ALSO, WE'LL TALK ABOUT WHAT A MEETING IS UNDER THE BROWN ACT, THE TYPES OF CONTACTS THAT ARE PROHIBITED AND ALLOWED. AND WE'LL ALSO GO THROUGH SOME OF THE, UM, MORE LIKE AGENDA, WHERE CAN MEETINGS BE HELD? THE BASICS AROUND ACTUALLY CREATING THE SPACE THAT ALLOWS EVERYONE TO PARTICIPATE. UM, AND THEN WE'LL TALK ABOUT WHAT THE REPERCUSSIONS ARE FOR VIOLATING THE BROWN ACT. THERE WE GO. SO I LOVE PROVIDING SOME HISTORY ON THE BROWN ACT. UM, IT REALLY WAS PASSED IN 1953 AND IT CAME OUT OF THIS, UM, HARD HITTING SIX WEEK INVESTIGATION INTO HOW GOVERNMENT WAS WORKING. AND IT WAS THROUGH THE SAN FRANCISCO CHRONICLE AND IT WAS A REPORTER NAMED MIKE HARRIS. AND HE WENT IN BEHIND CLOSED DOORS TO SEE HOW DECISIONS WERE BEING MADE WITH OR WITHOUT THE PUBLIC. AND HE WROTE A 10 PART SERIES CALLED YOUR SECRET GOVERNMENT. AND IT RAN BETWEEN MAY AND JUNE OF 1952. SO YOU KNOW HOW QUICKLY GOVERNMENT CAN [01:00:01] WORK. SO THE ARTICLES RAN IN MAY AND JUNE OF 1952 AND YOU HAD THE BROWN ACT PASSED IN 1953. SO WHAT THE PUBLIC HEARD WAS VERY, VERY WORRISOME. IT WAS DEEPLY CONCERNING. AND THEY HEARD THAT DECISIONS WERE BEING MADE BEHIND CLOSED DOORS, UM, THAT THERE WERE BACKROOM DEALS BEING BARTERED. AND AT THE TIME THAT THE BROWN ACT WAS PASSED, THERE WERE RULES, STATE LAWS THAT REQUIRED MEETINGS TO BE OPEN. SO IT WASN'T LIKE THIS NOVEL CONCEPT THAT WE HADN'T THOUGHT ABOUT BEFORE. IT JUST WASN'T HAPPENING. AND PARTIALLY IT WAS BECAUSE THERE WEREN'T THESE PARAMETERS TO ENSURE THAT IT HAPPENED. SO THE BROWN ACT PASSED IN 1953. UM, A REALLY FUN FACT AROUND THE BROWN ACT WHEN IT PASSED, IT WAS 686 WORDS. TODAY IT IS OVER 20,000 WORDS. SO WE'RE GONNA HAVE A A BIT MORE TO TALK ABOUT 'CAUSE WE'VE EXPANDED IT AS WE'VE FOUND WAYS NOT YOU ALL, BUT OTHERS TO, UM, EVADE IT. SO IT IT'S GROWN WITH US, BUT IT'S ALSO GROWN WITH THE TECHNOLOGIES WE USE. SO IN 1953, THERE WAS NO FACEBOOK, THERE WERE NO CELL PHONES, THERE WAS NOT TEXT MESSAGING. AND SO THE BROWN ACT HAS ADAPTED IN TIME TO HOW WE OPERATE AS A SOCIETY. WHAT HAS NOT CHANGED, HOWEVER, ARE THE GENERAL PRINCIPLES OF THE BROWN ACT. THOSE HAVE REMAINED THE SAME SINCE 686 WORDS TO OUR 20,000 PLUS WORDS TODAY. AND WE'LL KIND OF WALK THROUGH THEM THERE. THEY'RE, IT'S THE IDEA THAT ALL MEETINGS SHOULD BE OPEN AND PUBLIC, THAT ACTS ACTIONS AND DELIBERATIONS MUST BE TAKEN OPENLY THAT PEOPLE HAVE A RIGHT TO ATTEND, TO PARTICIPATE IN MEETINGS. AND THAT ONLY MATTERS THAT ARE ON THE AGENDA CAN BE DISCUSSED. SO YOU'LL SEE ME SOMETIMES OVER HERE WHERE LIKE WE'RE IN THIS GREAT CONVERSATION AND WE START TO GO A BIT AFIELD WHEN I STEP IN AND SAY, THAT'S REALLY AN IMPORTANT CONVERSATION. 'CAUSE IT, IT IS, YOU GUYS DO IMPORTANT WORK AND WE WANNA MAKE SURE IT GETS GENDERIZED AND BROUGHT BACK. IT'S REALLY TO ENSURE THAT WE'RE ONLY DISCUSSING AGENDA ITEMS THAT ARE ON THE AGENDA SO THAT ANYBODY WHO MIGHT ALSO FIND THAT DISCUSSION INTERESTING AND ONE THEY'D LIKE TO TAKE PART IN HAS THE OPPORTUNITY TO DO SO. SO YOU GUYS HAVE SEEN THE BROWN ACT AT WORK ALREADY FROM THIS CHAIR. UM, AND YOU'VE SEEN IT ON YOUR AGENDA AND WHAT THE CLERK'S OFFICE, BUT THAT'S WHERE THAT IDEA STEMS FROM. SO, UH, ONE OF THE KEY GOALS OF THE BROWN ACT IS TO AVOID THE APPEARANCE OF IMPROPRIETY. AND SO IT HELPS TO AVOID THE POSSIBILITY OF IMPROPRIETY BY DISCUSSING, UM, AN AGENCY BUSINESS WITHOUT THE PUBLIC PRESENT. AND IT HELPS TO PROTECT DUE PROCESS RIGHTS. SO PEOPLE THAT COME BEFORE YOU, THEY HAVE A, THEY HAVE A DUE PROCESS, RIGHT? AND YOU ARE THE ERS OF THAT, RIGHT? AND HOW YOU CONDUCT YOURSELF AND GIVING THEM A FAIR AND OPEN, UH, HEARING PROCESS. SO DUE PROCESS, WE JUST TALKED ABOUT IT A LITTLE BIT, BUT IT DOES REQUIRE THAT FAIR HEARING PROCESS AND IMPARTIAL DECISION MAKERS. UM, EX PARTY CONTACTS ARE COMMUNICATIONS. WHEN WE SAY EX PARTY CONTACTS, IT MEANS THAT THEY'RE COMMUNICATIONS THAT HAPPEN, UM, BETWEEN A, A GOVERNMENT DECISION MAKER, WHICH IS YOU GUYS, PEOPLE ON A BROWN ACT BODY AND BETWEEN THIRD PARTIES OUTSIDE OF AN OFFICIAL PROCEEDING. AND OFF THE RECORD. SO IF YOU'RE GETTING A PHONE CALL FROM AN APPLICANT TO TALK TO YOU ABOUT A PROJECT COMING BEFORE YOU, THAT WOULD BE AN EXAMPLE OF AN EX PARTY COMMUNICATION. IF EX PARTY CONTACTS DO OCCUR, THEN YOU WANNA LET US KNOW, WE CAN HELP YOU THROUGH THE RECUSAL PROCESS BECAUSE WE DO WANNA ENSURE THAT THERE'S A FAIR, TRANSPARENT AND UM, OPEN HEARING PROCESS TO MAINTAIN THOSE DUE PROCESS RIGHTS. SO WE'RE GONNA DO SOME EXAMPLES OF, UM, XIE CONTACTS TRYING TO ALIGN THE VISUALS WITH WHAT'S HAPPENING ON THE SCREEN. SO AN EXAMPLE WOULD BE THERE'S A BOARD MEMBER WHO MENTIONS AT A COMMUNITY MEETING THAT THEY THINK IT'S A REALLY BAD IDEA TO HAVE A COCKTAIL BAR THAT'S ALLOWED TO OPERATE WITHIN A SPECIFIC NEIGHBORHOOD BECAUSE A SCHOOL IS CLOSE BY AND THIS IS RIGHT BEFORE THE BOARD MEMBER IS ABOUT TO HEAR THE APPLICATION FOR THAT USE AT THAT LO AT A LOCATION THAT'S FACTUALLY ANALOGOUS. THAT BRINGS TO TO QUESTION CONCERNS AROUND THEIR ABILITY TO BE FAIR AND TO HEAR THAT USE WHEN IT'S PRESENTED TO THEM. UM, THE NEXT EXAMPLE IS A COMMISSIONER MEETS PRIVATELY WITH AN APPLICANT ABOUT WHY THEIR APPLICATION FOR A CONDITIONAL USE PERMIT SHOULD BE APPROVED BEFORE THE COMMISSION HEARS THE MATTER AT A PUBLIC HEARING. SO THAT'S WHAT WE KIND OF TALKED ABOUT ON THE LAST SLIDE. AND THEN THE LAST EXAMPLE JUST TO LIKE PUT, I'M TRYING TO PUT LIKE MEAT TO THE BONES OF WHAT WE'RE TALKING ABOUT HERE SO THAT YOU CAN IDENTIFY IT WHEN YOU, WHEN YOU'RE SEEING IT COME YOUR WAY. COMMISSIONER MEETS PRIVATELY WITH STAFF BECAUSE THEY DO NOT SUPPORT A DISPENSARIES LOCATION, UM, BEFORE THE COMMISSION HEARS THE PERMIT AT A PUBLIC MEETING. SO AGAIN, JUST TRYING TO, WE WANNA MAKE SURE THAT YOU'RE HEARING THINGS THROUGH THE STAFF REPORT AND AS IT'S PRESENTED TO THE PUBLIC AND TO YOU ALL FOR CONSIDERATION. SO WHO IS SUBJECT TO THE BROWN ACT? YOU GUYS ARE, UH, LEGISLATIVE BODIES ARE SUBCOMMITTEES, CREATED BY FORMAL ACTION ARE BODIES OR ENTITIES CREATED BY [01:05:01] THE CITY COUNCIL. AND LAWFULLY DELEGATED AUTHORITY OF THE COUNCIL ARE ALSO, UM, UNDER THE BROWN ACT BODIES OR ENTITIES THAT RECEIVE FUNDS FROM THE CITY. AND GOVERNING BODIES INCLUDE A COUNCIL MEMBER ARE ALSO SUBJECT TO THE BROWN ACT. THAT'S ONE THAT CATCHES PEOPLE OFF GUARD, UM, BUT WHO IS NOT SUBJECT TO THE BROWN ACT. SO IF YOU GUYS CREATED A SUBCOMMITTEE OR COMMITTEE THAT WOULD BE SUBJECT TO THE BROWN ACT. AD HOC COMMITTEES ARE NOT SUBJECT TO THE BROWN ACT. AND AD HOC COMMITTEES ARE FOR A SPECIFIC PURPOSE FOR A SHORT PERIOD OF TIME, AND THEY INCLUDE LESS THAN A QUORUM OF THE BODY. AND SO WE'RE ALWAYS PAYING ATTENTION IF WE WANNA, IF WE HAVE AN AD HOC COMMITTEE THAT'S IN ACTION FOR SOMETHING, WE'RE REALLY CONSCIENTIOUS ABOUT MAKING SURE THAT THEY'RE ONLY ACTIVE FOR THE PERIOD OF TIME, THAT THEY'RE NECESSARY FOR A VERY NARROW PURPOSE. ALRIGHT, SO WE'LL TALK ABOUT WHAT IS A MEETING UNDER THE BROWN ACT? A MEETING IS A CONGREGATION OF ANY MAJORITY OF THE COMMISSIONERS. SO IT'S HALF PLUS ONE OF OUR COMMISSIONERS. YOU'RE A BODY OF SEVEN. SO, UM, COMMISSIONER PADILLA PEREZ, WHEN YOU, WHEN YOU STEPPED OUT BRIEFLY, I COUNTED REALLY QUICKLY. I WAS LIKE, NO, WE'RE SO GOOD ON A QUORUM. WE STILL HAVE FOUR OF YOU GUYS. IT'S A LOT OF MATH FOR A LAWYER. IT'S WHAT I AVOIDED . SO THAT'S GENERALLY WHERE THE QUORUM HITS. UM, SO WE'RE ALWAYS LOOKING FOR US TO MEET. WE HAVE TO HAVE FOUR OF YOU. IF WE DON'T HAVE FOUR OF YOU, WE CANNOT MEET, WE CANNOT CONDUCT ANY FORM OF BUSINESS. WE CAN'T EVEN OPEN THE MEETING. SO YOU'LL HEAR US. I HOPE IT DOESN'T HAPPEN. YOU GUYS ARE GREAT ABOUT SHOWING UP, BUT IF WE DON'T HAVE THAT QUORUM, WE'LL COME ON THE MICROPHONE AND SAY, I'M SORRY, WE DON'T HAVE A QUORUM TODAY TO HOLD THE MEETING. WE CAN'T EVEN, WE DON'T EVEN OPEN BUSINESS. UM, THE LAST PIECE, I THINK WE GOT IT. SO IT'S NOT WHERE IT GETS TRICKY AND WHERE WE'RE THANKFUL FOR OUR TEAMMATES AND THE MAYOR'S OFFICE IS THAT IT IS BY THE NUMBER OF SEATS, NOT FILLED SEATS. SO WHEN WE ARE WAITING FOR FOLKS TO BE APPOINTED, IT GETS TRICKIER FOR US TO BE ABLE TO MEET THAT QUORUM REQUIREMENT. GOT IT. UM, SO THERE'S DIFFERENT TYPES OF PROHIBITED COMMUNICATION. AND ONE OF, SORRY, I WANNA GO BACK REALLY FAST TO ON THE, ON THE MEETING. THE MEETING, IT CAN BE A BIT TRICKIER 'CAUSE IT'S NOT LIMITED TO GATHERINGS. SORRY. HERE WE ARE. IT'S NOT LIMITED TO JUST GATHERINGS AT WHICH AN ACTION IS TAKEN, UM, BUT IT COULD BE ANYTHING WHERE THERE'S A DELIBERATIVE GATHERING AS WELL. SO FOR, FOR PURPOSES OF THE BROWN ACT, IT'S NOT JUST REGULAR MEETINGS, IT COULD BE SPECIAL MEETINGS OR IF YOU HAD AN EMERGENCY MEETING THAT WOULD ALSO REQUIRE US TO COMPLY WITH THE BROWN ACT. OKAY. SO THE TYPES OF COMMUNICATION THAT ARE PROHIBITED, UM, ONE, AND WE'LL KIND OF GET INTO THESE, AND THIS WILL BE ANOTHER TIME WHERE WE MAKE SURE WE'RE ALL HAVING THE SAME UNDERSTANDING OF WHAT KIND OF COMMUNICATION WE'RE TALKING ABOUT. BUT THE FIRST ARE SERIAL COMMUNICATIONS, UM, AND SERIAL COMMUNICATIONS. THEY MEAN EACH, EACH COMMUNICATION ITSELF WILL INVOLVE LESS THAN A QUORUM OF THE COMMISSIONER'S. SO IT COULD BE COMMISSIONER A, TALKING TO COMMISSIONER B, BUT THEN COMMISSIONER B ALSO TALKS TO COMMISSIONER C AND COMMISSIONER C TALKS TO COMMISSIONER E. AND BY THE TIME EVERYONE'S TALKED ABOUT THIS ISSUE, THEY HAVE EXCEEDED THE QUORUM NUMBER. SO NOW, FOR EXAMPLE, FOR OUR BODY, FIVE FOLKS HAVE DISCUSSED THE ISSUE OF, FOR LACK OF AN EXAMPLE, A MURAL THAT'S GONNA BE ON THE SIDE OF A BUILDING AND OUTSIDE OF THE PUBLIC. AND WHY SERIAL COMMUNICATIONS ARE CHALLENGING IS BECAUSE IF YOU'RE COMMISSIONER A AND YOU ONLY TALK TO COMMISSIONER B, YOU MAY NOT HAVE REALIZED THAT COMMISSIONER B WAS GOING TO TALK TO COMMISSIONER, C, D, AND E. SO SERIAL COMMUNICATIONS CAN BUILD ON THEMSELVES. SO WE REALLY WANT YOU TO THINK ABOUT THAT AS YOU, UM, MAY INTERACT WITH EACH OTHER ON ITEMS BEFORE THEY COME TO THE COMMISSION FOR HEARING. IT IS OKAY FOR YOU TO TALK ONE-ON-ONE WITH EACH OTHER, BUT IT IS OFTEN DIFFICULT TO KNOW WHO ELSE FOLKS HAVE TALKED TO. SO WE REALLY WANT YOU TO BE MINDFUL ABOUT SERIAL COMMUNICATIONS AND THE EASE WITH WHICH THEY CAN HAPPEN UNINTENTIONALLY. SO OTHER TYPES OF PROHIBITED COMMUNICATIONS ARE THE HUB AND SPOKE. SO WE'RE GONNA KIND OF TALK THROUGH, WE'LL HAVE A SLIDE FOR EACH, THESE DIFFERENT MODELS OF HOW THESE CAN HAPPEN IN WAYS YOU MIGHT NOT BE THINKING ABOUT. BUT ONE IS THE HUB AND SPOKE MODEL, AND IT'S WHERE ONE COMMISSIONER CONTACTS ALL OR A MAJORITY OF THE COMMISSIONERS. YOU'VE GOT ONE PERSON A TO B TO TO C TO D. UM, THE NEXT IS DAISY CHAIN, WHERE ONE COMMISSIONER, WE KINDA USE THIS IN OUR EARLIER EXAMPLE, TALKS TO ONE AND THEN B TALKS TO C AND THEN C TALKS TO D AND D TALKS TO E AND BEFORE WE KNOW IT, UH, A QUORUM HAS ALREADY DISCUSSED. THE NEXT IS BUYER REPRESENTATIVE. SO A COMMISSIONER'S REPRESENTATIVE OR AGENT. SO LET'S SAY YOU HAD A CHIEF OF STAFF OR YOU HAVE SOMEONE THAT'S WORKING FOR YOU, REACHES OUT AS AN INTER OR AN INTERMEDIARY AND THEY TALK TO, UM, AND COMMUNICATE [01:10:01] ABOUT AN ISSUE THAT'S WITHIN YOUR JURISDICTION WILL BE COMING TO YOU. THAT IS ANOTHER VIOLATION OF THE BROWN ACT BECAUSE YOU'VE EXCEEDED WHEN YOU'VE EXCEEDED THE QUORUM. UM, AND THEN THE OTHER WE'LL TALK ABOUT IS EMAIL, TEXT, AND SOCIAL MEDIA COMMUNICATIONS, BECAUSE THOSE JUST GET REALLY CHALLENGING AND INTERESTING, UM, AS WE FIND NEW WAYS TO COMMUNICATE WITH ONE ANOTHER. SO TO KIND OF TALK THROUGH AN AN EXACT EXAMPLE OF THAT FIRST ONE WE DISCUSSED THE HUB AND SPOKE. SO LET'S JUST SAY OUR VICE CHAIR WHO WOULD NEVER DO THIS, BUT LET'S JUST SAY IN THIS INSTANCE, OUR VICE CHAIR CONTACTS ALL THE OTHER COMMISSIONERS ON THEIR BODY TO ENSURE, ENSURE A YES VOTE TO SUPPORT AN ITEM SO THAT THE VICE CHAIR CONTACTS THE FIRST COMMISSIONER A THEN CONTACTS COMMISSIONER B CONTACTS. SO WHEN YOU THINK ABOUT THE WHEEL, THEY'RE AT THE CENTER CENTER OF IT AND IT'S ALL BE SPOKES GOING OUT TO CREATE THE QUORUM. THE NEXT IS THAT DAISY CHAIN EXAMPLE. SO COMMISSIONER BLUE CONTACTS, COMMISSIONER GREEN, AND THEN GREEN GOES TO ORANGE. AND THIS IS ONE WHERE WE MIGHT NOT REALIZE THAT WE'RE DOING IT. I THINK IN OUR EXAMPLE OF THE SPOKEN WHEEL, THERE'S PROBABLY SOME AWARENESS THAT YOU'VE NOW CONTACTED THE ENTIRE BODY OR A QUORUM OF THE BODY TO SEEK THAT YES VOTE DAISY CHAINS CAN HAPPEN WITHOUT A CON A CONSCIOUS COORDINATION. SO WE JUST WANNA BE REALLY CAREFUL OF THEM. BUT THEY'RE AN EXAMPLE OF A SERIAL COMMUNICATION. AND THEN BY REPRESENTATIVE, THE EXAMPLE HERE IS THAT COMMISSIONER GREEN'S PARTNER VOLUNTEERS AT SEVERAL NONPROFITS WHERE OTHER COMMISSIONERS VOLUNTEER AND GREEN'S PARTNER ENDS UP ASKING MORE THAN A MAJORITY OF THE BODY IF THEY'LL SUPPORT AN ITEM. AND THEN THIS LAST ONE IS JUST REALLY FASCINATING. UM, THE EXAMPLE WE'RE GONNA USE, WE'LL TALK ABOUT A COUPLE OTHER, OUR COMMISSIONER BLUE POSTS ON SOCIAL MEDIA ABOUT AN ISSUE. AND THE ISSUE IS WITHIN THE JURISDICTION OF YOUR BODY. AND COMMISSIONER GREEN LIKES IT, AND THEN IT'S SHARED BY COMMISSIONER ORANGE, AND THEN IT'S COMMENTED ON BY COMMISSIONER PINK. AND THEN IT'S RETWEETED BY COMMISSIONER AQUA. SO NOW, EVEN THOUGH YOU'RE NOT IN THE SAME ROOM, YOU KIND OF, A MAJORITY OF THE BODY HAS IN SOME WAY FOUND SOME CONSENSUS OR COMMENTED ON AN ISSUE THAT'S GOING TO BE AND COULD COME BEFORE THE BODY. THAT ONE FEELS LIKE A MIND BEND. IT'S A LITTLE INCEPTION, BUT THAT'S WAYS THAT WE CAN SEE. 'CAUSE WHAT WE'RE REALLY LOOKING AT IS CONSENSUS BUILDING IN A NON-PUBLIC SPHERE. SO THAT'S A WAY IN WHICH WE, IT CAN HAPPEN, UM, WITH OUR NEW TECHNOLOGIES THAT WE JUST NEED TO BE AWARE OF. SO IF WE'RE, WE'RE SEEING EACH OTHER POST BEING REALLY CONSCIENTIOUS ABOUT HOW WE'RE ENGAGING ON PLATFORMS, UM, PARTICULARLY WHEN IT'S ISSUES THAT ARE WITHIN YOUR GUYS' JURISDICTION. THE OTHER PIECE THAT'S VERY FASCINATING IS THAT YOU CAN'T UNDO THEM. SO THERE WAS A RECENT CASE WHERE, UM, THERE HAD BEEN COMMUNICATIONS VIA EMAIL ABOUT AN ITEM THAT WAS COMING IN FRONT OF A BODY. AND THE COMMISSIONERS REALIZED THAT THEY WERE, THAT THEY HAD A PROBLEM WITH THE BROWN ACT. AND SO THEY WANTED TO BE TRANSPARENT. THEY PUBLISHED ALL THE EMAILS, UM, AT THE HEARING AND SAID, HEY, HERE'S ALL THE THINGS WE TALKED ABOUT. AND THEN PROCEEDED FORWARD TO TAKE THE ACTION ON THE ITEM. THE PROBLEM IS ALL. AND THEY DIDN'T REDISCUSS WHAT HAD BEEN TRANS HAD, HAD TRANSPIRED INSIDE OF THE EMAILS. AND THE COURT DETERMINED THAT THAT WAS NOT ENOUGH TO AMEND AND TO BRING BACK TO KIND OF LIKE REVIVE OR ERASE THE BROWN ACT VIOLATION THAT HAD HAPPENED BECAUSE ALL OF THOSE COMMUNICATIONS HAPPENED OVER EMAIL AND THERE WAS NO OPPORTUNITY FOR THE PUBLIC TO HAVE ENGAGED AND TO SEEN THE CONVERSATION AND TO HAVE BEEN A PART OF IT. SO WE REALLY WANNA BE CAREFUL ABOUT, I KNOW FOR ME ON EMAIL, I WILL FIRE THINGS OFF, BE CONSCIENTIOUS. I KNOW SOMETIMES YOU GET COMMENTS FROM STAFF SENDING OUT THE AGENDA, BE CAREFUL OF THE REPLY ALL BUTTON THAT IS NO ONE'S FRIEND. UM, SO IF YOU HAVE A QUESTION AND YOU MIGHT HAVE A QUESTION, YOU CAN SEND IT DIRECTLY TO STAFF AND THEY CAN HELP YOU. BUT THE MINUTE WE REPLY ALL, WE'RE STARTING THE OPPORTUNITY FOR THAT CONVERSATION AND DISCUSSION WITH OVER A MAJORITY OF THE BODY. SO THERE ARE ALLOWABLE CONVER, UH, COMMUNICATIONS THAT WE KIND OF TALKED ABOUT. SO AGAIN, EVENTUAL INDIVIDUAL CONTACTS BETWEEN A COMMISSIONER AND ANOTHER PERSON OR COMMISSIONER'S, OKAY. WE JUST WANNA ALWAYS HAVE IN THE BACK OF OUR MIND THAT SERIAL COMMUNICATIONS ARE A VERY REAL POSSIBILITY. SO I THINK IT'S HELPFUL TO SAY, HEY, I'M ONLY HERE, YOU'RE THE PERSON, THE ONLY PERSON I'VE TALKED TO, OR LIKE I TO BE CLEAR. SO PEOPLE CAN BE GAUGING THAT THEY'RE NOT VIOLATING OR CREATING THIS SERIAL COMMUNICATION ISSUE. UM, IT ALSO ALLOWS COMMISSIONERS TO SPEAK WITH CONSTITUENTS, ADVOCATES, CONSULTANTS, UH, REPORTERS, STAFF AND COLLEAGUES. WE NEED YOU GUYS TO, TO DO THE GOOD WORK BY BEING INFORMED AND ENGAGED. AND SO WE, THE BROWN ACT DOESN'T WANNA TAKE THAT ABILITY AWAY FROM YOU. SO THAT'S AN ALLOWABLE COMMUNICATION UNDER THE BROWN ACT, UM, WHERE THERE'S ALSO INSTANCES WHERE YOU GUYS CAN BE TOGETHER AND IT'S GONNA FEEL REALLY STRANGE, BUT YOU'RE ALLOWED TO BE [01:15:01] TOGETHER BECAUSE IT'S NOT CONSIDERED A MEETING UNDER THE BROWN ACT. AND THE FOUR EXAMPLES WE'LL TALK ABOUT REALLY BRIEFLY ARE CONFERENCES THAT ARE OPEN TO THE PUBLIC. UM, I KNOW THERE'S REALLY GREAT RESOURCES ON COMMISSIONER TRAININGS AND IF YOU ATTEND THEM AND YOU'RE ALL IN THE SAME ROOM, YOU'RE, THAT'S OKAY. YOU CAN BE AT A CONFERENCE, YOU JUST CAN'T SIT AT A TABLE AND DISCUSS AN UPCOMING PROJECT. AND WHAT WE RECOMMEND WOULD KIND OF, WE STARTED THIS CONVERSATION AROUND THE APPEARANCE OF IMPROPRIETY. WE RECOMMEND DISPERSING THROUGH BECAUSE THEN IT TAKES AWAY THE DESIRE TO TURN AND CHAT ABOUT SOMETHING THAT YOU MIGHT HEAR SOMETHING AND BE LIKE, OH, THAT REMINDS ME OF THIS PROJECT THAT'S COMING. IF YOU'RE NOT AT THE SAME TABLE, IT'S VERY DIFFICULT TO DO THAT. SO CONFERENCE ATTENDANCE IS ONE EXAMPLE OF SOMETHING THAT'S NOT CONSIDERED A MEETING UNDER THE BROWN ACT. UM, AS LONG AS YOU'RE NOT HAVING THOSE CONVERSATIONS WITH THE QUORUM OF FOLKS IN THAT CONTEXT. UH, LOCAL PUBLIC MEETINGS OR SOMETHING THAT YOU CAN ATTEND, YOU ARE ALL, YOU CAN ALL COME TO A COUNCIL MEETING. AGAIN, THE SAME ADVICE, JUST TRY TO AVOID THAT APPEARANCE OF IMPROPRIETY. DON'T TALK ABOUT ITEMS THAT COULD FALL WITHIN YOUR GUYS' PURVIEW AND THE WORK AND THINGS THAT YOU ADVISE ON AND DO. UM, THE NEXT IS AN OPEN MEETING OF ANOTHER BODY, WHICH I THINK THE CITY COUNCIL ALSO WOULD, WOULD BE AN EXAMPLE OF. BUT, UM, A LOCAL PUBLIC MEETING WOULD BE A NEIGHBORHOOD MEETING, I GUESS WOULD BE A GOOD EXAMPLE OF THAT. UM, AND THEN A SOCIAL OR CEREMONIAL EVENT AT THE END OF THE YEAR. IT'S REALLY NICE TO SIT WITH YOU ALL AND TO CELEBRATE THE WORK THAT YOU'VE DONE IN A YEAR AND TO SAY THANK YOU, THAT DOES NOT HAVE TO BE NOTICED. AND WE DON'T HAVE TO INVITE THE PUBLIC TO THAT DINNER BECAUSE WE ARE NOT TALKING ABOUT THE BUSINESS IN FRONT OF THIS BODY. UM, AND IT REALLY IS JUST A CEREMONIAL OR SOCIAL EVENT. AND I THINK WE HIT THE LAST POINT. OH, TOO MANY. SORRY GUYS. I WILL GET THIS CLICKER TO WORK WITH ME AT SOME POINT. UM, THIS IS THE KINDA JUST SO YOU CAN SEE BEHIND THE, THE, UH, CURTAIN OF WHY WE DO WHAT WE DO OVER ON THE STAFF TABLE AND THE CLERK SIDE. WE ENSURE THAT ALL OF OUR AGENDAS ARE POSTED, UM, AT LEAST 72 HOURS PRIOR TO A MEETING. THAT'S A BROWN ACT REQUIREMENT FOR REGULAR MEETINGS. FOR SPECIAL MEETINGS. UM, THAT IS A 24 HOUR REQUIREMENT FOR POSTING. WE DON'T HAVE IT UP HERE, BUT FOR EMERGENCY MEETINGS, I DON'T THINK YOU'LL HAVE A LOT OF THOSE. BUT FOR EMERGENCY MEETINGS, IT'S A REASONABLENESS CONSIDERATION. SO THAT ALLOWS, LIKE, FOR EXAMPLE, THE CITY COUNCIL, IF WE HAD AN EARTHQUAKE AND NEEDED TO GET IN SESSION TO START TALKING ABOUT HOW WE WERE GONNA ADDRESS THAT ISSUE, IT WOULD JUST BE A REASONABLE AMOUNT OF TIME FOR POSTING. SO YOU WILL NOTICE YOU GET YOUR AGENDA PACKET. IT'S GOT THAT NICE AGENDA ON THE TOP OF IT. UM, FOR EVERY MEETING, GENDER DESCRIPTIONS ARE REGULATED BY THE BROWN ACT. THEY NEED TO BE BRIEF IN GENERAL, THEY SHOULD HAVE A GENERAL DESCRIPTION OF EACH ITEM. THEY NEED TO INCLUDE THE DATE, THE TIME, AND THE LOCATION OF OUR MEETINGS. YOU'LL ALWAYS SEE THAT IN THE UPPER RIGHT HAND CORNER. UM, THEY ALSO NEED TO INFORM THE PUBLIC OF THE SCOPE OF THE BODY'S INTENT, WHAT THEY, WHAT YOU'RE PLANNING TO TALK ABOUT, RIGHT? SO THIS IS WHERE WE STARTED THIS CONVERSATION AROUND, WE TRY TO STAY TO WHAT WE TOLD THE PUBLIC WE'RE GONNA TALK ABOUT BECAUSE THEY NEED TO HAVE MADE, HAD THE ABILITY TO EVALUATE AND MAKE A DECISION AROUND PARTICIPATION. SO THAT'S A BROWN ACT REQUIREMENT FOR OUR AGENDAS. UM, AND THEN THEY HAVE TO BE POSTED IN A LOCATION FREELY ACCESSIBLE TO THE PUBLIC. SO YOU'LL SEE WE HAVE A LOVELY POSTING BOARD YOU CAN CATCH ON YOUR WAY OUT WHEN YOU'RE WALKING OUT OF CHAMBERS INTO THE GARAGE TONIGHT. WHERE CAN MEETINGS BE HELD? THEY HAVE TO BE HELD WITHIN THE BOUNDARIES OF THE CITY UNLESS THERE'S A SPECIFIC EXEMPTION THAT APPLIES. UM, THEY ALSO HAVE TO BE ACCESSIBLE UNDER THE AMERICANS WITH DISABILITIES ACT. UM, WHICH MEANS THEY CANNOT BE HELD AT A FA FACILITY THAT PROHIBITS ATTENDANCE BASED ON RACE, RELIGION, COLOR, NATIONAL ORIGIN, ETHNIC GROUPS, UM, IDENTIFICATION, AGE, SEX, SEXUAL ORIENTATION, OR DISABILITY. AND THEY ALSO HAVE TO HAVE ABILITY FOR, UM, A FOR UNDER THE A DA FOR THAT TO BE AN ACCESSIBLE SPACE. AND THEN THEY ALSO CANNOT BE A SPACE WHERE SOMEONE MUST PAY OR HAVE A MAKE A PURCHASE TO PARTICIPATE. THEY NEED TO BE FREE AND OPEN. SO THE RIGHTS OF THE PUBLIC, YOU GUYS ARE AN IMPORTANT PART OF THIS MEETING, BUT SO ARE PUBLIC PARTICIPANTS AND THEY DO HAVE CERTAIN RIGHTS UNDER THE BROWN ACT FOR PARTICIPATION. FIRST, THEY HAVE A RIGHT TO COMMENT AND THEY CAN COMMENT ON ANY MATTER THAT'S ON THE AGENDA AND WITHIN THE BUD THE BODY'S SUBJECT MATTER, UM, AND JURISDICTION EVEN IF IT'S NOT SPECIFIC ON THE AGENDA FOR THE NIGHT. SO WHAT WE MEAN BY THAT, YOU GUYS ARE VERY GOOD AT THE END OF EVERY MEETING, WE HAVE OPEN PUBLIC COMMENT AND THAT IS SPECIFICALLY RESERVED FOR THE PUBLIC TO PROVIDE COMMENT ON ITEMS THAT WERE NOT AGENDIZED, BUT ARE WITHIN YOUR JURISDICTION TO HEAR. AND THAT ALLOWS YOU GUYS TO THINK ABOUT WHAT ITEMS MAYBE WE NEED TO TEE UP AND BRING BACK. UM, AND IT GIVES THAT PUBLIC THE OPPORTUNITY TO PARTICIPATE AND TO ENGAGE. THEY ALSO HAVE, UM, THE ABILITY TO COMMENT ON EVERY SINGLE ITEM ON THE AGENDA. YOU GUYS ARE VERY GOOD. CHAIRMAN MCGON HAS BEEN GREAT ABOUT TAKING THAT PUBLIC COMMENT. SO THEY, THEY ARE AFFORDED THAT OPPORTUNITY. UM, THEY ALSO ALSO HAVE AN A RIGHT TO RECORD. SO IF SOMEONE'S IN HERE AND THEY SEE AN IPHONE UP, THEY HAVE A RIGHT TO RECORD THESE MEETINGS. WE RECORD THEM AND THEY'RE ALL ONLINE [01:20:01] AND ACCESSIBLE TO THE PUBLIC TO VIEW. UM, BUT THEY ALSO HAVE THEIR OWN INDEPENDENT RIGHT TO RECORD. UM, THEY CAN ALSO TAKE PHOTOGRAPHS, BUT IT HAS TO BE DONE IN A NON-DISRUPTIVE WAY. YOU HAVE A RIGHT TO CONDUCT YOUR BUSINESS. SO A RIGHT OF ATTENDEES CANNOT INTERFERE WITH YOUR RIGHT TO CONDUCT THE BUSINESS AND DO THE WORK OF THIS BODY. UM, THEY ALSO HAVE A RIGHT TO REVIEW AGENDAS AND OTHER WRITINGS THAT ARE DISTRIBUTED TO THE MAJORITY OF THE BODY. SO WHEN WE POST YOUR AGENDA PACKETS, THAT IS ALSO AT THE SAME TIME MADE AVAILABLE TO THE PUBLIC. UM, SO IF YOU GET SOMETHING, IT'S LIKE A, MAYBE SOMEONE SUBMITS A PIECE OF EVIDENCE OR WE HAVE UPDATED CONDITIONS, WE WILL ALWAYS MAKE THEM AVAILABLE TO OUR PUBLIC PARTICIPANTS AS WELL. THEY ALSO HAVE THE RIGHT TO ATTEND WITHOUT REGISTERING OR IDENTIFYING THEMSELVES. SO THEY CAN COME AND MAKE A COMMENT. IF, IF THEY WANT TO LEAVE THEIR NAME AND ADDRESS FOR THE RECORD, THAT'S, WELL, WE'RE HAPPY TO TAKE IT, BUT THAT'S NOT A REQUIREMENT FOR PARTICIPATION. UM, AND THEY ALSO HAVE A RIGHT TO WITNESS VOTES. UH, SO ALL VOTES HAVE TO BE CAST IN A PUBLIC WAY, UM, EXCEPT FOR ENCLOSED SESSION. AND THERE'S REALLY NARROW REASONS WHERE WE CAN BE IN CLOSE SESSION. WE'LL TALK ABOUT IT REALLY BRIEFLY, BUT OTHERWISE THERE CAN BE NO SECRET BALLOTS. UM, AND THAT'S ONE OF THE THINGS THAT WHEN OUR FRIEND MIKE HARRIS WAS DOING HIS REPORTING, HE FOUND THERE WAS A LOT OF SECRET DECISIONS BEING HAD. SO THAT'S REALLY AT THE ROOT OF, UM, THE BROWN ACT. SO THE ROLE OF THE CHAIR IS TO RUN AN ORDERLY MEETING THAT COMPLIES WITH THE BROWN ACT. SO THANK YOU FOR TAKING THAT ON. CHAIR MAGU. YOU INTRODUCED THE, UM, BUSINESS IN PROPER ORDER PER THE AGENDA. YOU CAN RECOGNIZE SPEAKERS AND BOTH FOR THE COMMISSIONERS AND FOR THE PUBLIC. THE CHAIR ALSO ALSO HELPS TO, TO TO, TO DETERMINE IF A MOTION IS IN ORDER, UM, TO KEEP THE DISCUSSION FOCUSED ON THE AGENDA ITEM AND TO KEEP TIME LIMITS FAIRLY AND NEUTRALLY FOR ALL OF OUR PUBLIC SPEAKERS AND PARTICIPANTS. UM, AND TO PUT MOTIONS TO A VOTE. SO YOU DID A GREAT JOB OF CALLING FOR THE VOTE THIS EVENING. UM, AND THEN TO ANNOUNCE RESULTS, OUR CLERK IS ALSO GREAT AT THAT 'CAUSE SHE'S POPPING UP ON THE SCREEN FOR EVERYBODY. CLOSED SESSIONS WE'LL TALK ABOUT BRIEFLY. THEY'RE NOT SOMETHING THAT THIS BODY, I DON'T THINK WE'VE EVER HAD ONE. I DON'T KNOW THAT THERE'S NECESSARILY A BASIS BECAUSE WHY YOU HAVE A CLOSED SESSION IS REALLY FOR VERY NARROW, NARROW SPECIFIC REASONS. BECAUSE WE ARE ALL ABOUT, THIS IS A SUNSHINE LAW. WE WANT EVERYTHING TO BE OUT IN THE OPEN AND PUBLIC SO IT CAN, CLOSED SESSIONS ARE WHEN A, A MEETING CAN TAKE PLACE IN PRIVATE WITHOUT THE PUBLIC OR THE PRESS PRESENT. AND SO IT'S REALLY EXPRESSLY AUTHORIZED IN RARE INSTANCES UNDER THE BROWN ACT, THEY HAVE TO BE HELD CONFIDENTIAL BY EVERYONE THAT'S IN THE ROOM. ONLY PEOPLE THAT NEED TO BE IN THE ROOM CAN BE IN THAT ROOM. UM, THEY HAVE TO BE STILL, THEY'RE LISTED IN THE CLOSED SESSION CATEGORY. UM, YOU WOULD COME IN AND OPEN THE MEETING IN A PUBLIC WAY WHERE GO INTO CLOSED SESSION, COME BACK AND THERE WOULD BE A REPORT OUT. UM, AND THEY REALLY ARE, THEY CONTAIN ALSO A BRIEF DESCRIPTION OF THE WHY OF WHY WE'RE IN THERE. SO IT COULD BE ACTIVE LITIGATION. SO THERE ARE INSTANCES WHERE THERE'S A REAL, UM, LIABILITY OR CONCERN FOR THE CITY WHERE IF THOSE THINGS ARE DISCUSSED PUBLICLY, IT UNDERMINES, FOR EXAMPLE, OUR LITIGATION STRATEGY. IF WE'RE GOING TO GO TALK IN, TALK IN CLOSE SESSION AROUND THE NEED TO FILE A LAWSUIT AGAINST SOMEONE GIVING THEM PUBLIC NOTICE THAT THE LAWSUIT IS COMING UNDER DIVIDES THE CITY'S ABILITY TO BRING FORWARD THOSE ACTIONS. SO THEY'RE, THEY'RE RESERVED FOR INSTANCES LIKE THAT. REAL PROPERTY NEGOTIATIONS, UM, THOSE TYPES OF OF THINGS. SO TYPES OF COMMUNICATIONS THAT ARE PROHIBITED. THIS IS THE PART WHERE I LIKE TO GIVE SPECIFICS BECAUSE THIS IS THE PART WHERE IT CAN IMPACT YOU AS A COMMISSIONER. UM, AND THE FIRST INSTANCE IS THAT WE, YOU CAN SEE CIVIL ACTIONS IN RESPONSE TO A BROWN ACT VIOLATION. AND ANY INTERESTED PARTY CAN FILE A CIVIL ACTION TO PREVENT FUTURE VIOLATIONS. THEY'RE REALLY MAKING IT SOMETHING THAT EVERYONE HAS ACCESS TO BECAUSE WE WANT TO CURTAIL THE BEHAVIOR. UM, AND WHAT IT DOES IS IT, IT WORKS TO INVALIDATE ACTIONS THAT MAY HAVE BEEN TAKEN THAT WERE IN VIOLATION OF THE BROWN ACT AND WHAT FOLKS CAN GET IF YOU'RE SUCCESSFUL ON A, IF SOMEONE BRINGS A CLAIM, CHALLENGING AND ACTION BY THE BODY, THEY CAN BE AWARDED ATTORNEY'S FEES AND COSTS. SO THERE IS A REAL COST TO THE CITY WHEN THOSE THINGS ARE BROUGHT, PARTICULARLY WHEN THEY'RE SUCCESSFUL. I'VE NEVER SEEN A COURT NOT AWARD THEM. UM, THEY CAN IF THERE'S AN UNDUE HARDSHIP, BUT I'VE, I'VE NOT SEEN AN INSTANCE IN WHICH THAT HAS BEEN EXERCISED BY A COURT. UM, THE OTHER ARE CRIMINAL PENALTIES. UM, AND I KNOW THAT THAT CRIMINAL PEN PENALTY SOUNDS SCARY AND I THINK THEY'RE INTENDED TO, THEY'RE THERE WITH A, WITH A PURPOSE IN TEETH. BUT REALLY, UM, YOU HAVE TO ACT WITH IMPROPER INTENT. SO I REALLY WANNA WALK YOU THROUGH WHAT IMPROPER INTENT IS SO THAT YOU CAN UNDERSTAND. UM, AND IT'S REALLY, IT'S JUST, IT'S WHAT I'M GONNA ABOUT TO DESCRIBE IS JUST IT'S PUNISHABLE AS A MISDEMEANOR. SO IT'S NOT LIKE A FELONY BE A MISDEMEANOR, BUT THE FIRST THAT YOU HAVE TO HAVE FOR THIS UNLAWFUL IS INTENT IS THAT THERE HAS TO BE AN OVERT ACT WHERE A MEMBER OF A BODY ACTS IN TO MUST ATTEND A MEETING IN WHICH AN ACTION IS TAKEN IN VIOLATION OF THE BROWN ACT. THAT CAN BE AN OVERT ACT UNDER [01:25:01] THAT PORTION OF THE COMPONENTS AND ELEMENTS. ACTION TAKEN IS NOT ONLY AN ACTUAL VOTE, BUT IT IS ALSO A COLLECTIVE DECISION OR A COMMITMENT OR A PRO PROMISE BY A MAJORITY OF THE LEGISLATIVE BODY TO MAKE A POSITIVE OR NEGATIVE DECISION. IF THE MEETING INVOLVES MERE DELIBERATION WITHOUT THE TAKING OF AN ACTION, THERE CAN BE NO MISDEMEANOR PENALTY. SO THAT'S NOT THAT WE'RE GONNA, YOU KNOW, RUN TO THESE LINES, BUT JUST SO FOR UNDERSTANDING IT'S FINE. WELL, I'LL, WE'LL BE OKAY, WE'LL KEEP GOING. UM, AND A VIOLATION OCCURS FOR A TENTATIVE AS WELL AS A FINAL DECISION. UM, CRIMINAL LIABILITY IS TRIGGERED BY A MEMBER'S PARTICIPATION IN A MEETING IN VIOLATION OF THE BROWN ACT. IT'S NOT WHETHER THAT MEMBER HAS VOTED WITH THE MAJORITY OR THE MINORITY ON A VOTE. SO JUST KEEP THAT IN MIND. UM, AND THEN THE SECOND COMPONENT FOR A CRIMINAL VIOLATION IS THAT THE ACTION IS TAKEN WITH THE INTENT OF A MEMBER TO DEPRIVE THE PUBLIC OF INFORMATION TO WHICH THE MEMBER KNOWS AND HAS REASON TO KNOW THE PUBLIC IS ENTITLED. SO UNFORTUNATELY FOR YOU, YOU ALL KNOW ABOUT THE BROWN ACT NOW, SORRY ABOUT IT . UM, BUT THE, THIS, FOR EXAMPLE, IF YOU, THERE WERE TO BE CRIMINAL PENALTIES, THEY WOULD SAY, AND YOU WERE IN THAT SEAT AND YOU LISTENED TO MS. WIESNER MCKINLEY PRESENT ON THE BROWN ACT. CORRECT? LIKE THAT IS HOW THAT WOULD COME IN TO SHOW INTENT AND PURPOSE. AND SO YOU'D HAVE TO KNOW THAT THERE'S A BROWN ACT AND YOU'D HAVE TO A VIOLATION. AND NOW YOU HAVE REASON TO KNOW, UM, I'M THIS BODY. YOU GUYS DO GOOD WORK. I DON'T THINK WE'RE GONNA END UP HERE, BUT IT'S JUST HELPFUL TO KNOW WHAT THE LAW SAYS. UM, SO THAT'S WHY WE'RE KIND OF HAVING THAT CONVERSATION. SO FOR THE, THE BIGGER ISSUE, I KNOW WE HAVE THIS, WE'RE TALKING ABOUT CIVIL AND WE'RE TALKING ABOUT CRIMINAL PENALTIES, BUT THE MORE SIGNIFICANT IMPACT FOR BROWN ACT VIOLATIONS IS THE BREACH OF TRUST THAT IT CREATES WITH THE COMMUNITY, AND THAT CANNOT BE OVERSTATED. UM, SO THESE ARE VERY TANGIBLE THINGS, BUT THE, THE HURT AND REPAIR THAT IT TAKES WITH A COMMUNITY IS ALSO A VERY, VERY REAL, UM, IMPACT OF VIOLATIONS OF THE BROWN ACT. CAN WE ADVANCE THIS SLIDE? TECHNOLOGY FRIENDS, IT'S GOING IN CERTAIN PLACES. OKAY. SO WE'LL DO BROWN ACT DON'TS. AND THIS IS JUST KIND OF AN OVERVIEW OF ALL THE FUN WE'VE HAD TOGETHER. UH, DON'T TAKE ACTION OR DISCUSS AN ITEM THAT IS NOT ON THE AGENDA. DON'T VOTE OUTSIDE OF THE PUBLIC'S VIEW UNLESS A CLOSED SESSION EXCEPTION APPLIES. DON'T DISCUSS MATTERS OF THE COMMISSION AMONG THEM, AMONG YOURSELVES OR AT PUBLIC EVENTS OR MEETINGS. UM, DON'T POLL OR DISCUSS ISSUES WITH COMMISSIONERS TO COME TO A DECISION OUTSIDE OF THE PUBLIC COMMISSION MEETING PROCESS. WE ARE SAVING ALL OF THIS DISCUSSION AND FUN FOR THE PUBLIC SO THEY CAN PARTICIPATE AND BE A PART OF IT. SOME OF OUR DUES, THIS IS MY LAST SLIDE, I PROMISE, IS DO ENSURE THAT YOUR ACTIONS COMPLY WITH THE BROWN ACT? DO ENSURE THAT YOUR ACTIONS PROTECT THE PARTIES RIGHT TO A DO TO, TO DUE PROCESS. MAKE SURE THAT WE'RE CARRYING OUT OUR OFFICIAL RESPONSIBILITIES WITH FAIRNESS, IMPARTIALITY OBJECTIVITY AND INTEGRITY. AVOID THOSE EX PARTY CONTACTS. PROTECT THE PRI THE PUBLIC'S RIGHT TO PARTICIPATE UNDER THE BROWN ACT. MAKE SURE THAT WE'RE ENGAGING IN ALL DISCUSSIONS ABOUT MATTERS IN THE COMMISSION'S JURISDICTION AT A PUBLIC NOTICED MEETING. MAKE SURE THAT IF YOU HAVE A BROWN ACT VIOLATION OR A CONFLICT, YOU'RE RECUSING YOURSELF. UM, AND THEN DO ASK QUESTIONS. STAFF IS HERE TO HELP YOU. I'M HERE TO HELP YOU. UM, IF YOU THINK YOU HAVE A SNIFF OF A BROWN ACT ISSUE, MAKE SURE THAT YOU BRING IT FORWARD TO US. WE WILL BE RESPONSIVE AND WE WILL MAKE SURE THAT WE WALK YOU THROUGH IT, UM, AND THAT WE SUPPORT YOU. SO THAT IS THE END OF MY PRESENTATION. ARE THERE ANY QUESTIONS? THANK YOU. VERY WELL DONE. UM, FROM THE BROWN JUG COFFEE TO COMPLYING WITH THE BROWN ACT. YEAH, WE GOT IT ALL COVERED TODAY. IT'S REALLY TIED TOGETHER TODAY. I SURE DON'T WANT TO ENDURE THE WRATH OF THE CITY ATTORNEY. UH, A COUPLE OF COMMENTS WOULD BE, FOR INSTANCE, ON A SITE VISIT, ON AN AGENDA ITEM, LET'S SAY FOR HAPPENS THAT FOUR OF THE COMMISSIONERS ENDED UP AT THE SAME SITE AT THE SAME TIME. WOULD THAT BE A VIOLATION OF THE BROWN ACT? YEAH, I, I THINK SITE VISITS ARE CHALLENGING IN GENERAL, UM, BECAUSE THEY ALLOW YOU TO HAVE INFORMATION THAT'S NOT AVAILABLE TO THE PUBLIC AND MAY NOT BE AVAILABLE TO OTHER COMMISSIONERS. YOU BRING IN THE KNOWLEDGE THAT YOU HAVE OF THIS SPACE IN THIS COMMUNITY. IT'S PART OF THE REASON THAT YOU'RE SITTING THERE. UM, BUT I THINK SITE VISITS WITH FOUR WOULD BE VERY PROBLEMATIC AND YOU WOULDN'T WANNA BE TALKING TO EACH OTHER AND YOU SHOULD PROBABLY ALL JUST TURN AND WALK AWAY. THAT WOULD BE MY RECOMMENDATION. UH, REGARDING EMAIL CHAINS. UM, LET'S SAY IT, IT'S NOT AN AGENDA ITEM, BUT IT'S A MATTER OF IMPORTANCE. UH, UH, HISTORICAL SIGNIFICANCE. WOULD IT BE INAPPROPRIATE FOR THE COMMISSION TO ADDRESS, BRING THAT TO SOMEBODY ELSE'S ATTENTION [01:30:01] AND SO ON AND SO FORTH REGARDING A MID-CENTURY HOUSE THAT'S GONNA BE DEMOLISHED TOMORROW? YEAH, I THINK IT'S SOMETHING THAT'S IMPORTANT AND THERE'S THE ABILITY TO BRING THAT TO STAFF BECAUSE THE STAFF CAN HELP AGENDIZE IT. THEY CAN WORK WITH THE CHAIR TO DO SO. HOWEVER YOU WANNA BE CAREFUL DISCUSSING IT WITH EACH OTHER BECAUSE THERE'S ALWAYS A POSSIBILITY THAT THAT COMES BEFORE YOU. GREAT. UH, REGARDING THE APPLICANT, UH, THAT THE APPLICANT REACHES OUT INDIVIDUALLY TO EACH OF THE COMMISSIONERS, UM, IS IS, WOULD THAT BE CONSIDERED A VIOLATION OF SOME SORT? I THINK THAT'S, WE STARTED OFF OUR PRESENTATION ON THE APPEARANCE OF IMPROPRIETY AND THE CONCERN AROUND EX PARTY COMMUNICATIONS, AND I THINK THAT'S THE OFFERING OF A POTENTIAL EX PARTY COMMUNICATION. I THINK YOU NEED TO BE VERY, UH, CAUTIOUS IN HOW WE ENGAGE WITH APPLICANTS BECAUSE THEY HAVE A RIGHT TO A UNBIASED, FAIR AND OPEN HEARING. UM, AND SO, AND, AND THE PUBLIC HAS A RIGHT TO HEAR THE INFORMATION THAT IS GOVERNING YOUR CHOICES. SO IF I WENT TO THE COFFEE SHOP AND GOT A FREE BAGEL AND COFFEE, WOULD THAT HAVE BEEN A VIOLATION BEFORE OUR HEARING? I THINK YOU ALSO NEED TO HEAR FROM OUR ETHICS OFFICER, . UM, NOT, NOT THAT I ACCEPTED MM-HMM . YEAH. DO NOT RECOMMEND THAT. AND IT'S, IT'S PARTIALLY, IT REALLY DRIVES BACK TO THAT APPEARANCE OF IMPROPRIETY. SO, UM, SO MUCH OF THE WORK YOU DO IS AT THE TRUST OF THE COMMUNITY. AND I ALWAYS TELL MY KIDS TRUST IS A BAKE IN WHAT YOU MAKE DEPOSITS AND YOU DO NOT WITHDRAW. SO I, I THINK WITHDRAWING FOR A A BAGEL AND COFFEE MIGHT NOT BE THE BEST CHOICE. AND ONE LAST QUESTION. LUNCH ROOM OR IN OUR CASE, DINNER ROOM, UM, GATHERINGS. AGAIN, WE DO HAVE COMMISSIONERS AND SOMETIMES AN AGENDA ITEM MIGHT COME UP, BUT IN TERMS OF IT SHOULD NOT COME UP. SHOULD NOT COME UP, YES. AND ALLISON IS THERE TO ENFORCE THAT. AND SO AM I I DON'T JUST LOVE THE DELICIOUS SPAGHETTI. IT'S ALSO, UM, A HELPFUL OPPORTUNITY. YOU WERE LATE THOUGH. I WAS LATE, BUT I KNEW I HAD GOOD FOLKS IN MY STEAD, SO YES. THAT IT'S AN EXAMPLE OF, IT'S NOT A MEETING ACTUALLY CONSISTENT. SOMEONE TELL ME WHY IT'S NOT A MEETING. I'M GONNA QUIZ YOU NOW. ANY THOUGHTS ON WHY THAT WOULDN'T BE A MEETING? BECAUSE IT'S SOCIAL. YES. THANK YOU COMMISSIONER PIT. EXCELLENT. PRECISELY. AND AS LONG AS WE'RE NOT TALKING ABOUT ITEMS, NOT JUST THAT ARE ON THE AGENDA, BUT ALSO WITHIN YOUR, YOUR PURVIEW, THEN WE KEEP THAT AS A SOCIAL MEETING THAT'S NOT, UM, REQUIRED TO BE NOTICED UNDER THE BROWN ACT. THANK YOU, UH, COMMISSIONERS. YEAH, I HAD A QUICK QUESTION. THANK YOU FOR THAT PRESENTATION. IT'S VERY HELPFUL. UM, WHAT IS THE PROCEDURE FOR PAST, UM, PROJECTS THAT HAVE COME TO THE COMMISSION WHERE THE PUBLIC COMES UP AND WANTS TO CHAT ABOUT IT AFTER, UM, A DECISION HAS ALREADY BEEN MADE OR EVEN WITH ANOTHER COMMISSIONER MONTHS LATER AFTER A PROJECT HAS GONE BEFORE THE COMMISSION? YEAH, SO, UM, WE KIND OF CHATTED ABOUT THE IMPORTANT ROLE YOU PLAY INSIDE OF THE COMMUNITY AND BEING SOMEONE WHO CAN MEET WITH DIFFERENT CONSTITUENCIES AND ADVOCATES. AND SO BY ALL MEANS, PLEASE FEEL FREE IF, IF YOU WANNA ENGAGE WITH THE PUBLIC IN THAT WAY, THAT'S NOT ANYTHING THAT THE BROWN ACT PREVENTS YOU FROM DOING, UM, IN COMMUNICATING WITH COMMISSIONERS ABOUT A PROJECT AND A DECISION, THERE IS ALWAYS A POSSIBILITY THAT THINGS RETURN TO YOU. SO DO KEEP THAT IN MIND. WE'VE HAD, UM, CS THAT HAVE REQUIRED UPDATES AND THEY COME RIGHT BACK. AND SO IT'S IMPORTANT THAT YOU, YOU UNDERSTAND THAT YOU CAN SEE THINGS AGAIN. SO I THINK THAT'S A IMPORTANT, SO IT'S A GREAT QUESTION, BUT THAT'S, THAT'S AN IMPORTANT REALITY OF THE WORK THAT YOU DO. THANK YOU. UH, WHAT DOES THE PRE-MEETING THAT THE CHAIR AND VICE CHAIR MEET WITH STAFF, WHAT DOES THAT FALL UNDER? SO YOU ARE NOT A, UM, QUORUM. OKAY. AND YOU, SO IT'S JUST A NUMBER UHHUH AND YOU'RE HELPING GENERALLY TO SET THE AGENDA AND SO WE CAN KIND OF UNDERSTAND WHAT'S COMING BEFORE THIS BODY. OKAY, THANK YOU. AND I HAD ONE MORE QUESTION. UM, SO AS AN ARCHITECT, WE'RE WE, WE ARE GONNA BE, ESPECIALLY LATELY, IT SEEMS LIKE THERE'S SOME PROJECTS COMING UP THAT IN HISTORIC AREAS AND IF, AND IF THOSE COME HERE AND WE DON'T, IT'S JUST WHAT I GUESS IT, THERE'D HAVE TO BE AT LEAST FIVE OF US OR IF I HAVE TO STEP OUT OF THE ROOM. YES. SO THAT IS LIKE A BRAIN TEASER OR SUPER FUN. YEAH, WE'LL GET TO PLAY A GAME OF CHANCE KIND OF SITUATION. SO IF THERE ARE FOUR OF YOU AND THERE WAS, IT'S MORE FUN WHEN WE HAVE MORE PEOPLE. SO IF THERE WERE ONLY FOUR OF YOU AND YOU HAD TO RECUSE, WE WOULDN'T HAVE A QUORUM. THAT'S EXACTLY WHAT YOU'RE HITTING. YEAH. SO WE WOULDN'T BE ALLOWED TO HAVE A MEETING. RIGHT. SO IN THAT INSTANCE, WHAT WOULD HAPPEN IS I WOULD TELL YOU THAT YOU NEED TO PERMIT PARTICIPATE IN THIS ITEM. OKAY. BECAUSE OUR APPLICANT [01:35:01] HAS A RIGHT TO BE TIMELY HEARD. I WOULD ASK YOU TO DISCLOSE YOUR CONFLICT ON THE RECORD. YOU WOULD DO THAT AND YOU WOULD PARTICIPATE IN THE ITEM. IF WE HAD A WHOLE BODY OF ARCHITECTS. YEAH, LET'S SAY, AND YOU WERE ALL CONFLICTED OUT. LET'S SAY THREE OF YOU WERE. UM, AND SO YOU'VE GOT ONE PERSON SITTING THERE AND THEY, OR TWO PEOPLE SITTING THERE AND THEY NEED TWO MORE PEOPLE TO PARTICIPATE. WE HAVE THREE PEOPLE THAT ARE CONFLICTED. WE WOULD PLAY A GAME OF CHANCE AND I HAVE A BAG, AND YOU WOULD PULL NUMBERS AND THAT'S HOW WE WOULD DETERMINE WHO WOULD PARTICIPATE. GREAT. THANK YOU. AND THEN YOU WOULD, UM, DISCLOSE YOUR CONFLICT ON THE RECORD. THANK YOU. AND COMMISSIONER, I MEAN, AS MUCH AS WE LOVE THE IDEA OF THE BAG OF CHANCE, UM, THIS IS WHY WE ASK YOU AHEAD OF TIME WHETHER YOU'RE GONNA BE ABLE TO MAKE THE MEETING. UM, WE ALSO, IF YOU CAN DISCLOSE CONFLICTS TO ALLISON, UM, WE WILL CALL COMMISSIONERS. WE WILL BEG, WE WILL MAKE SURE THAT THERE'S A QUORUM, UM, WITHOUT YOU, 'CAUSE I DON'T LIKE THE PUBLIC OPTICS OF THE BAG OF CHANCE AND WE NEED PEOPLE TO TRUST US. AND WE DO THAT BY BEING FAIR AND TRANSPARENT. SO, UM, WITH ENOUGH NOTICE, WE CAN ALWAYS DEAL WITH THOSE SITUATIONS. UM, SO JUST LET US KNOW. PLEASE BE HONEST WITH US WHEN WE ASK IF YOU'RE COMING TO A MEETING OR NOT, UM, WHICH, UH, YOU GUYS ARE. UM, SO THAT WE CAN JUST PLAN AROUND THAT THERE IS A PROCEDURE FOR, YOU KNOW, IF, IF WE'RE NOT SUCCESSFUL, BUT I THINK THE BEST SOLUTION IS TO PLAN AROUND THAT. MAKE SURE THERE'S A QUORUM WITHOUT YOU AND, AND JUST, YOU ALL HAVE DAY JOBS. YOU DESERVE TO HAVE YOUR DAY JOB AND, AND MAKE A LIVING. CONFLICTS COME UP FROM TIME TO TIME AND WE HAVE A PROCEDURE TO DEAL WITH THEM AND TO TACK ONTO IT, IT'S IMPORTANT FOR YOU TO HAVE DONE THAT CONFLICT ANALYSIS. LOOK AT THAT AGENDA AS QUICKLY AS YOU CAN BECAUSE THEN IT GIVES US THAT TIME TO BRING THE FOLKS IN AND FOR US TO WORK THROUGH WHAT THAT CONFLICT MIGHT BE. SOMETIMES PEOPLE THINK THEY'RE CONFLICTED AND THEN WE LOOK AT IT AND IT'S LIKE YOU MAY HAVE BEEN WORKING WITH, YOU KNOW, 1500, UM, MEASUREMENT AND IT'S REALLY, YOU KNOW, A THOUSAND OR 500 IN THIS INSTANCE. AND SO WE WANNA WORK THROUGH BECAUSE WE WANT YOU TO BE ABLE TO PARTICIPATE IF YOU'RE NOT CONFLICTED. BUT IT, WE NEED THAT TIME TO WORK THROUGH IT WITH YOU. ANY OTHER COMMISSIONERS WOULD LIKE TO ADDRESS THIS PARTICULAR ITEM? I WOULD JUST LIKE TO SAY THIS WAS FANTASTIC. THANK YOU. IF THERE ARE NO OTHER COMMENTS FROM THE COMMISSION, UM, WE'LL NOW TAKE PUBLIC COMMENT. ANYONE HERE THAT WOULD LIKE TO ADDRESS THIS PARTICULAR ITEM ON THE AGENDA? IF THERE ARE NONE VIRTUALLY, IF THERE ARE ANY MEMBERS OF THE PUBLIC THAT WOULD LIKE TO SPEAK ON THIS ITEM, PLEASE USE THE RAISE HAND FEATURE OR DIAL STAR NINE. NOW. THERE ARE NO PUBLIC COMMENTS AT THIS TIME. THANK YOU MADAM CLERK, PLEASE CALL FOR THE VOTE. MOTION CARRIES. THANK YOU. UM, ONE [PUBLIC COMMENT Opportunity to address the Cultural Heritage Commission on non-agenda items. Each speaker is limited to three minutes to make their comments unless extended by the Chair.] LAST ITEM, PUBLIC COMMENT. AT THIS TIME WE'LL TAKE NON AGENDA ITEMS, UH, ON NON AGENDA TOPICS FROM THE PUBLIC. ARE THERE ANY THAT WOULD LIKE TO DISCUSS THAT AT THIS TIME? ANYONE LIKE TO SPEAK ON AN ITEM NOT LISTED ON AGENDA THAT IS VIRTUAL? IF THERE ARE ANY MEMBERS OF THE PUBLIC THAT WOULD LIKE TO SPEAK ON, ON A PUBLIC ITEM, PLEASE USE THE RAISE HAND FEATURE OR DIAL STAR NINE. NOW THERE APPEARS TO BE NO PUBLIC COMMENT AT THIS TIME. THANK YOU. UH, UNDER ANNOUNCEMENTS [ANNOUNCEMENTS] ARE THERE ANY ANNOUNCEMENTS FROM THE COMMISSION? ONE ITEM I'D LIKE TO BRING UP, UM, FOR THE DIRECTOR'S REPORT IN THE FUTURE, I KNOW THAT THE, UM, UH, THE STAFF HAS BEEN INVOLVED WITH THE MILLS ACT, UH, MEETINGS AND PRESENTATIONS. MAYBE IF YOU CAN GIVE US AN UPDATE AT THE NEXT MEETING REGARDING ATTENDANCE AND INTEREST. UM, I KNOW THAT IT'S GONE VIRTUAL ZOOM. UM, A AGAIN, IT'S A GREAT ASSET TO HAVE IN OUR COMMUNITY. I WOULD LIKE TO SHARE THAT WITH OUR PUBLIC. UM, OTHER THAN THAT, IF THERE ARE [ADJOURNMENT] NO OTHER OBJECTIONS, I DECLARE THIS MEETING ADJOURNED. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.