Mar 06, 2025 Planning Commission

AND COMMISSIONER WARE WILL BE A LITTLE LATE.

THAT'S CORRECT, YES.

COMMISSIONER CASTILLO PRESENT.

WITH THAT, IF WE COULD HAVE THE ROLL CALL PLEASE.

[ROLL CALL]

COMMISSIONER CLEMSON? HERE.

COMMISSIONER SANTOS.

HERE.

COMMISSIONER SUAREZ IS ABSENT.

COMMISSIONER WARE IS RUNNING LATE VICE CHAIR TEMPLATE HERE.

[PLEDGE OF ALLEGIANCE]

SANTOS, WOULD YOU LIKE TO LEAD US IN THE PLEDGE OF ALLEGIANCE THIS EVENING? PLEASE STAND.

PLACE YOUR RIGHT HANDS OVER YOUR HEART.

FACE THE FLAG.

READY TO BEGIN? FLAG ALLEGIANCE TO FLAG OF THE UNITED OF AMERICA AND TO REPUBLIC FOR

[00:05:01]

RICHARD STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE.

ALL THANK YOU COMMISSIONER SANTOS.

IT'S NOW TIME FOR SWEARING OF THE WITNESSES.

IF YOU'RE PLANNING ON GIVING ANY TESTIMONY THIS EVENING, PLEASE STAND AND RAISE YOUR RIGHT HAND.

DO YOU SOLEMNLY SWEAR OR AFFIRM THAT THE EVIDENCE THAT YOU SHALL GIVE IN THIS PLANNING COMMISSION MEETING SHALL BE THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? I DO.

THANK YOU VERY MUCH.

[1. 25-54567 Recommendation to receive and file Director’s Report. Suggested Action: Approve recommendation. ]

YOU MAY BE SEATED.

CAN WE HAVE ON OUR FIRST, UH, ITEM A MOTION TO HEAR AND RECEIVE THE DIRECTOR'S REPORT? THANK YOU.

CHAIR CL UH, CHAIR.

COMMISSIONER CLEMSON.

AND COMMISSIONER SANTOS.

I OVER THE DIRECTOR'S REPORT, PLEASE.

YES.

GOOD EVENING, CHAIR AND COMMISSIONERS.

A COUPLE OF ANNOUNCEMENTS HERE FROM, UM, THE STAFF TABLE.

SO FIRST IS THAT WE IN THE PLANNING BUREAU ARE IN THE MIDST OF RECRUITING FOR A NEW POSITION.

IT'S THE ENVIRONMENTAL AND CULTURAL RESOURCES OFFICER.

UM, IN THIS PAST YEAR'S BUDGET, WE WERE, UM, AFFORDED THE, UM, OPPORTUNITY TO CREATE THIS NEW DIVISION TO HELP US ACHIEVE SOME OF OUR MAJOR PROJECTS GOING ON, INCLUDING, UH, THE INCREASINGLY COMPLEX WORK OF CALIFORNIA ENVIRONMENTAL QUALITY ACT, OUR ENVIRONMENTAL PLANNING WORK TO IMPLEMENT OUR CAP AND TO HELP WITH CERTAIN SIGNATURE PROJECTS SUCH AS RE-ENVISIONING OUR SHORELINE.

SO THIS WILL HELP GIVE US SOME OF THOSE CAPACITIES.

WE DO ENCOURAGE MEMBERS OF THE PUBLIC TO LOOK AT THE RECRUITMENT AND CONSIDER APPLYING.

LIKE I SAID, IT DOES CLOSE AT THE END OF THE DAY TOMORROW.

THE OTHER THING I WANTED TO SHARE WITH THE COMMISSION IS THAT YOU ALL VOTED AT THE END OF LAST YEAR, YOU RECOMMENDED A SERIES OF CHANGES TO THE INCLUSIONARY HOUSING, UM, REQUIREMENTS HERE IN THE CITY IN ORDER TO EXPAND THAT CITYWIDE.

AND SO THE CITY COUNCIL DID HEAR YOUR RECOMMENDATION LAST MONTH.

UM, AND THEY DID APPROVE IT WITH ONLY A COUPLE OF CHANGES, UH, WHICH WERE ONE, A CHANGE TO THE AFFORDABILITY REQUIREMENTS IN HIGH RESOURCE AREAS.

THIS COMMISSION HAD RECOMMENDED AN 11% VERY LOW INCOME SET ASIDE, AND THE COUNCIL ASKED US TO CHANGE THAT TO AN OVERALL PERCENTAGE OF 12% TO MATCH SOME OF THE OTHER SUB AREAS, BUT A MIX BETWEEN VERY LOW AND LOW.

AND THEN THEY ALSO ELECTED TO KEEP THE, UM, THE EXCEPTIONS PROCESS WITH CITY COUNCIL INSTEAD OF DEFERRING THAT DOWN TO PLANNING COMMISSION.

SO WE AT THE STAFF TABLE ARE BRINGING THOSE CHANGES BACK TO COUNCIL SHORTLY FOR OUR FIRST READING.

AND WE ANTICIPATE, UM, THOSE NEW REQUIREMENTS BEING IN PLACE LATER, UH, OR A LITTLE BIT LATER THIS SPRING.

UH, THAT CONCLUDES MY DIRECTOR'S REPORT.

UH, THANK YOU FOR THAT REPORT, COMMISSIONERS.

ANY QUESTIONS NOW WITH THAT, I'LL OPEN IT UP FOR PUBLIC COMMENT ON THE DIRECTOR'S REPORT.

DO YOU HAVE ANY COMMENTS ON THAT REPORT? NOW WOULD BE THE TIME.

SEE NONE IN THE CHAMBER.

DO WE HAVE ANY ONLINE COMMENTS? WE DO NOT HAVE ANY VIRTUAL ATTENDEES.

WITH THAT, I WILL CLOSE PUBLIC COMMENT AND BRING IT BACK BEHIND THE RAIL IF WE'D HAVE THE VOTE PLEASE.

MINE'S NOT.

I CAN TAKE A VOICE VOTE FROM YOU.

CAN I HAVE A MOTION TO, UH, APPROVE THE MINUTES OF OUR PLANNING COMMISSION MEETING FROM THURSDAY, JANUARY 16TH, 2025.

THEN I'LL OPEN UP FOR PUBLIC COMMENT ON THE MINUTES FROM OUR JANUARY 16TH MEETING.

COMMISSIONER CASTILLO AND VICE CHAIR TEMPLIN COMMISSIONERS.

ANY QUESTIONS OR COMMENTS ON THE MINUTES AS THEY'VE BEEN PRESENTED? SEEING?

[2. 25-54568 Recommendation to approve the minutes for the Planning Commission meeting of Thursday, January 16, 2025. Suggested Action: Approve recommendation. ]

IF YOU HAVE ANY COMMENTS ON THOSE MEETINGS, NOW WOULD BE THE TIME TO GIVE THEM.

SEEING NONE IN THE COUNCIL, DO WE HAVE ANY VIRTUAL COMMENTS? WE DO NOT HAVE ANY VIRTUAL ATTENDEES.

WE'LL CLOSE THAT, UM, PUBLIC COMMENT ON THAT AND BRING IT BACK BEHIND THE RAIL.

IF WE HAVE THE VOTE, PLEASE.

VICE CHAIR.

I CAN TAKE A VERBAL VOTE FROM YOU AGAIN.

I RECEIVED YOUR YES.

MOTION CARRIES MICHAEL WOOD PAPER.

CITY CLERK WANTS TO READ ITEM NUMBER THREE.

ITEM THREE IS RECOMMENDATION TO RECEIVE AND FILE PRESENTATION ON THE RALPH M. BROWN ACT FROM THE CITY ATTORNEY'S OFFICE.

THANK YOU COMMISSIONERS.

IF WE COULD GET A MOTION AND A SECOND.

THAT MAKES MEETINGS IN HERE CONDUCIVE FOR PUBLIC PARTICIPATION AND FOR GOVERNMENT TO DO ITS WORK.

VICE CHAIR TEMPLE AND COMMISSIONER SANTOS.

DO WE HAVE A PRESENTATION

[3. 25-54569 Recommendation to receive and file presentation on the Ralph M. Brown Act from the City Attorney’s Office. Suggested Action: Approve recommendation. ]

ON THIS ITEM? WE DO.

IT HAPPENS ONE TIME, ONCE A YEAR.

I KNOW YOU WISH IT WAS MORE, BUT WE'RE JUST GONNA DO IT ONE TIME A YEAR.

AND IT'S TONIGHT.

SO I'M, I'M VERY EXCITED TO PRESENT TO YOU GUYS ON THE BROWN ACT.

IT IS, UM, WE HAVE THIS WONDERFUL SPACE

[00:10:01]

UM, AND THE BROWN ACT IS LIKE THE ROOM.

IT CREATES THE SPACE, IT CREATES THE RULES, IT CREATES THE STRUCTURE UNDER WHICH YOU DO YOUR WORK AND UNDER WHICH THE CITY DOES ITS WORK.

AND IT CREATES THAT SPACE FOR PARTICIPATION AND ENGAGEMENT.

SO I'M VERY EXCITED TO TALK TO YOU ABOUT IT TONIGHT.

SO WE WILL START HOPEFULLY WITH A CLICKER THAT WORKS.

'CAUSE THAT DID NOT HAPPEN AT CHC.

VERY PROMISING BEGINNING GUYS.

SO I'M ERIN, WHICH IS NEWS TO NONE OF YOU.

UM, BUT I'LL BE YOUR PRESENTER.

THE TOPICS THAT WE'LL COVER ARE JUST KIND OF A BASIC HIGH LEVEL HISTORY OF THE BROWN ACT.

WE'LL TALK ABOUT THE PRINCIPLES, AVOIDING THE APPEARANCE OF IMPROPRIETY EX PARTY CONTEXT, WHO'S SUBJECT TO THE BROWN ACT.

NOT TO RUIN THE WHOLE PRESENTATION, BUT YOU GUYS ARE, UM, WHAT IS A MEETING UNDER THE BROWN ACT? THE TYPES OF CONTACTS THAT ARE PROHIBITED AND ALLOWED.

WE'LL TALK A LITTLE BIT ABOUT AGENDAS, WHERE MEETINGS CAN BE HELD.

AND THEN WE'LL TALK ABOUT THE RIGHTS OF THE PUBLIC BECAUSE OUR CHAIR AND OUR VICE CHAIR ARE ALWAYS PRESERVING THOSE.

WE'LL TALK ABOUT THE ROLE OF THE CHAIR.

WE WILL DABBLE ON CLOSED SESSIONS 'CAUSE IT'S NOT SOMETHING THAT YOU GUYS WILL SEE.

UM, AND THEN WE'LL ALSO DRIVE IT HOME WITH VIOLATIONS.

SO THE HISTORY OF THE BROWN ACT IS, IS REALLY AN INTERESTING ONE.

UM, THE BROWN ACT WAS PASSED IN 1953.

AND WHAT KIND OF LED US TO THIS PIECE OF LANDMARK LEGISLATION, WHICH IS OUR MAIN SUNSHINE LAW IN CALIFORNIA, IS THAT IN LATE 1952, UM, THE SAN FRANCISCO CHRONICLE REPORTER MIKE HARRIS, HE SPENT THREE WEEKS, SIX WEEKS, SORRY, LOOKING AT HOW GOVERNMENT WAS CONDUCTING ITSELF.

THERE HAD BEEN RUMORS OF MEETINGS AND DECISIONS BEING MADE BEHIND CLOSED DOORS.

HE REALLY DUG IN AND LEARNED ABOUT THIS ISSUE.

AND AT THE TIME, IT WASN'T LIKE THERE WAS NO SUNSHINE LAW AND THIS WAS A PERMISSIBLE OPERATION OF GOVERNMENT.

IT WAS NOT.

THERE WERE LAWS THAT PREVENTED THAT FROM HAPPENING.

BUT WHAT WE LEARNED AND WHAT, UH, REPORTER MARK HARRIS TOLD EVERYONE, UM, WHEN HE WROTE HIS 10 PART SERIES CALLED YOUR SECRET GOVERNMENT, IS THAT WORK BY THE GOVERNMENT WAS BEING DONE IN A WAY THAT LIMITED PARTI PUBLIC PARTICIPATION AND WAS OFTEN BEHIND CLOSED DOORS AND HAD ALL KINDS OF POTENTIALLY NEFARIOUS HAPPENINGS.

UM, THAT WAS PUBLISHED IN MAY AND JUNE OF 1952.

SO YOU GUYS HAVE BEEN A PART OF OUR PUBLIC PROCESS.

SO THIS ARTICLE WAS PUBLISHED IN 1952, MID-YEAR, AND BY EARLY 1953, YOU HAVE THE ADOPTION OF THE BROWN ACT, WHICH IS PRETTY INCREDIBLE.

IT'S A PRETTY QUICK RESPONSE TO THAT REPORTING.

SO JUST YOU CAN IMAGINE THAT IT WAS FAIRLY DISTRESSING WHAT PEOPLE WERE LEARNING ABOUT HOW THEIR GOVERNMENT WAS ACTUALLY OPERATING.

AND SO WHEN THE BROWN BROWN ACT WAS PASSED IN 1953, THE BROWN ACT WAS ORIGINALLY 686 WORDS.

IT IS SUBSTANTIALLY GROWN THROUGHOUT THE YEARS, AND WE ARE NOW AT 20,000 WORDS.

SO THERE'S A LOT MORE FOR YOU TO KNOW AND FOR YOU TO CONSIDER AND FOR TO HAVE GOVERNED YOUR CHOICES.

UM, AND THAT'S WHY WE GET TO SPEND THIS TIME TOGETHER ANNUALLY.

BUT THE GENERAL GOALS AND THE PRINCIPLES OF THE BROWN ACT THEMSELVES, THEY HAVE NOT CHANGED.

SO FROM 686 WORDS TO 20,000, THE UNDERLYING GOALS AND MISSION OF THE BROWN ACT HAS REMAINED CONSISTENT.

AND THESE ARE THOSE FOUR PRINCIPLES.

SO IT REALLY IS TO THAT ALL MEETINGS ARE OPEN AND THEIR PUBLIC, THAT ACTIONS AND DELIBERATIONS ARE TAKEN OPENLY THAT ALL PEOPLE HAVE THE RIGHT TO ATTEND AND TO PARTICIPATE IN MEETINGS.

AND THEN LASTLY, THAT ONLY MATTERS THAT ARE ON AN AGENDA CAN BE DISCUSSED.

UM, SO THE FIRST ITEM WE'LL TALK ABOUT IN ACHIEVING THESE FOUR PRINCIPLES IS AVOIDING THE APPEARANCE OF IMPROPRIETY.

SO THIS HELPS US TO AVOID THE POSSIBILITY OF IMPROPERLY DISCUSSING LOCAL AGENCY BUSINESS WITHOUT THE PUBLIC PRESENT.

SO THIS IS KIND OF LIKE THE IDEA OF WE'RE NOT, WE'RE MAKING SURE THAT WE'RE CONSCIOUS, SO WE'RE NOT THROWING OURSELVES ACROSS A LINE BY ACCIDENT WHILE WE DON'T REALIZE THERE'S THREE OF US STANDING TOGETHER MAYBE, OR YOUR BODY IS SEVEN.

SO A QUORUM FOR YOU IS FOUR.

SO IT'D BE FOUR OF YOU GUYS STANDING TOGETHER.

SO IT'S JUST KIND OF LIKE HAVING THIS AWARENESS THAT PART OF THE REASON WHY THE BROWN ACT EXISTS IS TO MAINTAIN AND PROMULGATE PUBLIC TRUST.

SO AVOIDING THE APPEARANCE OF IMPROPRIETY WORKS TOWARD THAT END OF THE BROWN ACT.

IT ALSO HELPS PROTECT THE DUE PROCESS RIGHTS OF THE PARTIES THAT APPEAR BEFORE THIS BODY.

AND YOU GUYS ARE A UNIQUE BO BODY IN THE SENSE THAT YOU REGULARLY HAVE FOLKS THAT HAVE DUE PROCESS RIGHTS APPEAR BEFORE YOU FOR HEARINGS.

I THINK IT WAS GREAT WE STARTED OFF WITH THE SWEARING IN THE WITNESSES.

IT'S REALLY TELLING OF WHAT YOUR DAY-TO-DAY OPERATIONS ARE.

SO THIS IDEA THAT YOU ARE AFFORDING APPLICANTS DUE PROCESS RIGHTS IS VERY SIGNIFICANT.

UM, AND IT HAS SIGNIFICANT IMPACT NOT ONLY TO THEIR DAY-TO-DAY OPERATIONS, NOT ONLY TO PUBLIC TRUST, BUT IT'S ALSO AN AREA THAT IS A RIPE FOR LEGAL CONSEQUENCE TO WHEN THAT, UM, IS NOT PROVIDED.

SO WE'LL TALK

[00:15:01]

A LITTLE BIT MORE ABOUT EX PARTY CONTACTS BECAUSE THIS IS A, IT'S A, IT'S A TRICKY CONCEPT.

UM, DUE PROCESS AT ITS BASIC REQUIREMENTS INCLUDES THAT PARTIES RECEIVE A FAIR HEARING AND THAT THEY HAVE IMPARTIAL DECISION MAKERS.

YOU ARE OUR IMPARTIAL DECISION MAKERS.

SO EX PARTY CONTACTS ARE COMMUNICATIONS THAT OCCUR BETWEEN OUR DECISION MAKERS AND THIRD PARTIES OUTSIDE OF AN OFFICIAL PROCEEDING.

AND OFF THE RECORD.

SO GOING BACK TO THOSE PRINCIPLES OF THE BROWN ACT, DELIBERATIONS ARE HAPPENING IN AN OPEN AND IN A PUBLIC MANNER.

UM, THE IDEA THAT THERE COULD BE COMMUNICATIONS HAPPENING IN BACK ROOMS, IT'S, IT'S CALLING BACK ALL THOSE 1952 ARTICLES, RIGHT? THE FAILURE TO GIVE ANY OF THE PARTIES A FAIR TRIAL OR A HEARING CAN BE A BASIS FOR A COURT TO OVERTURN A DECISION OF THE BODY.

UM, LASTLY, IF, IF AN EX PARTE CONTACT DOES OCCUR, THEN YOU SHOULD BE REACHING OUT TO OUR CON OUR OFFICE.

WE CAN HELP YOU EVALUATE THAT, UM, AND IN YOUR NEXT STEPS.

BUT THAT NEXT STEP WILL LIKELY BE TO RECUSE YOURSELF FROM PARTICIPATING ON THE ITEM.

SO WE'RE GONNA DO SOME EXAMPLES BECAUSE I THINK THEY'RE HELPFUL FOR DEMONSTRATING WHAT AN EX PARTY CONTACT CONTACT COULD LOOK LIKE.

UM, SO YOU'RE, I THINK THE IMAGE ON THIS PAGE IS GONNA HELP YOU KNOW WHERE ALL OF THESE ARE GOING.

SO THE FIRST IS A BOARD MEMBER MENTIONS AT A COMMUNITY MEETING THAT THEY THINK IT'S A BAD IDEA FOR A COCKTAIL BAR TO BE ALLOWED TO OPERATE WITHIN A SPECIFIC NEIGHBORHOOD BECAUSE A SCHOOL IS CLOSE BY.

AND THIS IS SAID BEFORE THE BOARD MEMBER HEARS THE MATTER.

THIS IS PROBLEMATIC BECAUSE WHAT'S MISSING ON THE TWO THINGS THAT WE'RE OBLIGATED TO PROVIDE FOR DUE PROCESS? ANYBODY WANNA CHIME IN? WELL, QUIET, MAKE SURE YOU PUT YOUR MICROPHONES ON.

'CAUSE ALTHOUGH WE JUST HAVE PETE HERE, SORRY.

IT'S OKAY.

UM, THERE'S BIAS ALREADY SHOWN BEFORE YOU, YOU WEREN'T IMPARTIAL EXACTLY THAT VICE CHAIR.

SO THEY ARE ENTITLED TO, UH, IMPARTIAL DECISION MAKERS.

AND THAT DOESN'T SOUND LIKE AN IMPARTIAL DECISION MAKER SITTING ON THE DAAS.

VERY GOOD COMMISSIONERS MEET PRIVATELY WITH AN APPLICANT ABOUT WHY THEIR APPLICATION FOR A CONDITIONAL USE PERMIT SHOULD BE APPROVED BEFORE THE COMMISSION HEARS THE MEETING AT A PUBLIC, HEARS THE MATTER AT A PUBLIC MEETING.

SO IT'S KIND OF SAME IDEA.

WE'RE NOT HAVING THAT CONVERSATION HAPPENING OUT AND IN THE PUBLIC FOR PARTICIPATION.

AND THEN THE LAST ONE IS COMMISSIONER MEETS PRIVATELY WITH STAFF BECAUSE THEY DO NOT SUPPORT A CANNABIS DISPENSARIES LOCATION BEFORE THE COMMISSION HEARS THE PERMIT AT A PUBLIC MEETING.

DO WE HAVE A QUESTION? YES, GO AHEAD.

COMMISSIONER.

ONE.

THAT WAS ON THE LAST ONE.

UM, OH, IT CHANGED.

OH, SO I'LL GO BACK THE, UM, IT'S BEFORE THEY HEAR THEY THAT BECAUSE THEY DO NOT SUPPORT IT, BUT IF THEY HAVE A QUESTION ABOUT IT, YOU'RE SUPPOSED TO CALL THE STAFF, RIGHT? THAT'S EX THAT'S RIGHT.

YOU CAN HAVE SOME QUESTIONS ANSWERED.

AND IT'S ALSO, WE ALWAYS HAVE A ROBUST BENCH OF STAFF HERE TO ANSWER THOSE QUESTIONS FOR YOU, BECAUSE IF YOU HAD THAT QUESTION, IT'S VERY LIKELY THAT SOMEONE IN THE PUBLIC HAD THAT QUESTION TOO.

UM, BUT I THINK WHAT'S IMPORTANT ON THIS BULLET IS THE PREDETERMINED MINDSET OF THE DECISION MAKER.

MM-HMM .

SO WHO IS SUBJECT TO THE BROWN ACT? I'VE ALREADY SPOILED THIS, THIS ONE FOR YOU BECAUSE IT'S YOU GUYS.

UM, IT'S LEGISLATIVE BODIES.

IT'S ALSO SUBCOMMITTEES CREATED BY FORMAL ACTION BODIES OR ENTITIES CREATED BY THE CITY COUNCIL.

THERE YOU ARE LAWFULLY DELEGATED AUTHORITY OF THE COUNCIL THAT HAS THE LAWFULLY AUTHORITY, THE LAWFUL AUTHORITY OF THE DELEGATED TO THEM FROM THE COUNCIL.

YOU GUYS ARE KIND OF LIKE EVEN FANCIER IN THE SENSE THAT YOU ARE A CHARTER COMMISSION.

SO WE HAVE SOME COMMISSIONS THAT THEY'RE, UM, THEY'RE KIND OF LIFE-GIVING LAW COMES FROM THE MUNICIPAL CODE.

UM, BUT YOU ARE ACTUALLY A CHARTER, A CHARTER, UH, CREATED COMMISSION.

UM, IMPORTANTLY THE BROWN ACT DOES NOT APPLY TO AD HOC COMMITTEES THAT ARE MADE UP SOLELY OF COMMISSIONERS, AND THEY CONSTITUTE LESS THAN A QUORUM.

SO YOU GUYS DON'T OPERATE OFTEN WITH SUB, UM, WITH AD HOC COMMITTEES, BUT OTHER COMMISSIONS USE THEM FROM TIME TO TIME.

AND THEY'RE REALLY FOR A SMALL AND NARROW PURPOSE FOR A SMALL AMOUNT OF TIME TO FOCUS ON A SINGULAR ISSUE.

AND THEN WHEN THEIR WORK IS DONE, THEY ARE DISBANDED SIGNIFICANTLY NEWLY CONNECTED MEMBERS OF A BODY WHO HAVE NOT YET ASSUMED THEIR ROLE ALSO HAVE THE BROWN ACT APPLY TO THEM.

SO I IT'S GREAT THAT WE'RE ALL CURRENTLY STAFFED UP, BUT IF YOU ARE, I HOPE YOU ALL STAY HERE.

BUT IF YOU WERE TO GO TO ANOTHER COMMISSION AND YOU'RE AWAITING APPOINTMENT, IT WOULD, IT WOULD STILL APPLY TO YOU.

UM, AND WHAT IS NOT A LEGISLATIVE BODY AGAIN, IS JUST ANY GROUP THAT'S LESS THAN A QUORUM OF YOU ALL.

AND WE'VE ALREADY ESTABLISHED THAT OUR QUORUM NUMBER IS FOUR.

SORRY, WE WERE DOING SO WELL.

LESS THAN A QUORUM BECAUSE IT'S REALLY IMPORTANT TO THE DEFINITION OF MEETING.

WHAT IS A MEETING UNDER THE BROWN ACT? SO WE BROUGHT UP THIS

[00:20:01]

UM, AND UNDER THE BROWN ACT, A MEETING IS ANY CONGREGATION OF A MAJORITY OF THE COMMISSIONERS AT THE SAME TIME AND PLACE TO HEAR, DISCUSS, OR DELIBERATE ON ANY ITEM THAT IS WITHIN THE SCOPE OF LEGAL DUTIES ASSIGNED TO YOUR COMMISSION.

THAT IS A LOADED, IT'S A VERY PACKED DEFINITION, AND WE'LL KIND OF SPEND THE REST OF OUR TIME TALKING ABOUT IT.

BUT THAT'S WHAT A MEETING IS UNDER THE BROWN ACT.

SO WHAT IT, WHAT IT, WHAT'S SIGNIFICANT ABOUT THAT IS IT'S A QUORUM.

SO I THINK WE'VE HAD AN INSTANCE MAYBE HERE ONCE OR TWICE WHERE WE'VE HAD SOMEONE NOT MAKE IT.

AND WE'VE HAD THREE COMMISSIONERS STANDING BY AND WE CANNOT GET OUR FOURTH COMMISSIONER IN THE DOOR.

AND WHEN THAT HAPPENS, WE CANNOT EVEN START THE MEETING TO APPROVE MINUTES.

WE CAN DO NOTHING.

WE DON'T HAVE A QUORUM.

SO WE CANNOT EVEN LET THAT MEETING BEGIN.

WE USUALLY MAKE AN ANNOUNCEMENT TO LET PEOPLE KNOW THAT WE COULDN'T ACHIEVE A QUORUM AND WE'LL BE RESCHEDULING THE OTHER PIECE.

AND WE'VE TALKED ABOUT NOW A COUPLE TIMES JUST HOW A QUORUM IS MEASURED.

SO THE TYPES OF COMMUNICATIONS THAT ARE PROHIBITED, THAT CANNOT HAPPEN IN A, IN A, IN A NON-WETTING SETTING, SETTING WHERE WE'RE WORRIED ABOUT.

'CAUSE WHAT WE'RE, WHAT WE'RE THINKING ABOUT, AGAIN, UNDER THE BROWN ACT IS THAT DELIBERATION THAT, UM, I THINK IT'S HEARING, DISCUSSING AND DELIBERATING ON AN ITEM, THERE'S WAYS IN WHICH PEOPLE CAN COMMUNICATE WHERE THEY MIGHT NOT REALIZE THAT THEIR COMMUNICATION IS ACTUALLY CREATING A QUORUM OF DELIBERATION ON ITEMS THAT COME IN FRONT OF THIS BODY.

AND SO THAT WE'RE GONNA SPEND A LITTLE BIT OF TIME TALKING ABOUT IT BECAUSE THERE'S REALLY GREAT CASE LAW ON IT.

AND IT'S WHERE I THINK THE RUBBER WILL MEET THE ROAD FOR YOU ALL WITH THE BROWN ACT.

SO THE FIRST IS SERIAL COMMUNICATIONS.

THEY'RE PROHIBITED.

A SERIAL COMMUNICATION MEANS EACH COMMUNICATION INVOLVES LESS THAN A QUORUM OF THE COMMISSIONERS.

SO ON ITS FACE, IT DOESN'T LOOK LIKE WE HAVE A PROBLEM BETWEEN THE COMMISSIONERS THAT ARE THERE COMMUNICATING.

UM, BUT WHAT ENDS UP HAPPENING IS THE TOTAL AMOUNT OF COMMUNICATIONS IN THE SERIES ENDS UP INVOLVING MORE THAN A QUORUM, A QUORUM OR MORE OF THE BODY.

SO AN EXAMPLE OF THIS, AND WE'LL SPEND A LOT OF TIME ON THIS CONCEPT BECAUSE THIS IS, I THINK THE TRICKY PART, UM, IS THAT THE BROWN ACT IS NOT MEANT TO PREVENT ONE OR TWO OF YOU FROM TALKING ABOUT AN ITEM.

UM, WHAT THE PROBLEM IS IS WHERE LET'S SAY COMMISSIONER A AND COMMISSIONER B TALK, AND THEN COMMISSIONER A GOES AND TALKS TO COMMISSIONER C AND COMMISSIONER C NOT KNOWING THAT A HAD ALREADY TALKED TO B GOES AND TALKS TO COMMISSIONER F.

SO NOW WE'VE GOT FOUR FOLKS THAT HAVE ALL DELIBERATED THIS, NOT TOGETHER, BUT IT'S, IT ADDS ON AND IT KIND OF ACCUMULATES INTO WHAT CAN BECOME MORE THAN A QUORUM PRETTY RAPIDLY.

AND THAT APPLIES TO EMAIL COMMUNICATIONS AS WELL.

I'M, I'M SURE, RIGHT? IT SURE DOES.

AND I'LL HAVE A WHOLE SLIDE ON THAT BECAUSE THERE WAS A REALLY FUN, I GUESS ONLY I WOULD FIND THAT FUN.

THERE WAS A REALLY INTERESTING CASE ON THAT ISSUE, AND WE'LL KIND OF DIG INTO THAT A LITTLE BIT MORE.

BUT THERE'S FOUR WAYS, UM, THAT WE CAN REALLY HIT THAT QUORUM, MAYBE INTENTIONALLY OR MAYBE UNINTENTIONALLY, THAT NOW HAVE, HAVE NAMES FOR US TO KIND OF UNDERSTAND THEM.

SO THE FIR FIRST IS THIS HUB AND SPOKE.

SO IT'S WHERE ONE COMMISSIONER KIND OF FUNCTIONS AS THE HUB OF A, LIKE, LIKE OF A WHEEL.

AND THE SPOKES ARE THEY, THEY REACH OUT AND THEY COMMUNICATE EACH COMMISSIONER UNTIL THEY ARE DELIBERATING AND TALKING ABOUT HEARING AN ITEM.

SO THIS WOULD BE, THIS WOULD NEVER HAPPEN, BUT THIS WOULD BE COMMISSIONER THE CHAIR LEWIS, WHO CALLS COMMISSIONER CLEMSON, WHO CALLS, AND THEN HE HANGS UP AND CALLS COMMISSIONER TEMPLE AND HANGS UP AND CALLS COMMISSIONER CASTILLO AND HANGS UP AND CALLS COMMISSIONER ANTOS.

THAT IS SPOKE IN, IN, UH, HUB AND SPOKE MODEL OF EX PARTY COMMUNICATION, OR SORRY, OF, UM, PROHIBITED COMMUNICATIONS UNDER THE BROWN ACT.

THE NEXT IS A DAISY CHAIN.

SO ONE COMMISSIONER CONTACTS ANOTHER COMMISSIONER, AND THEN IT KIND OF JUST MOVES DOWN THE CHAIN.

SO A CONTACTS B, B CONTACT C IT'S ALMOST LIKE A GAME OF TELEPHONE THAT YOU WOULD PLAY IN LIKE SECOND GRADE OR FIRST GRADE.

THAT'S THE IDEA OF A JAYZ DAISY CHAIN COMMUNICATION UNTIL THAT NUMBER EXCEEDS A QUORUM.

AND THEN YOU HAVE A VIOLATION UNDER THE BROWN ACT FOR PROHIBITED COMMUNICATION.

THEN THE NEXT ONE IS BY REPRESENTATIVE.

SO I THINK THIS IS IMPORTANT BECAUSE IT, IT'S NOT JUST A COMMISSIONER THAT CAN BE RESPONSIBLE FOR VIOLATING THE BROWN ACT AROUND PROHIBITED COMMUNICATIONS AND HOW WE COMMUNICATE WITH EACH OTHER.

IT CAN ALSO BE ACCOMP ACCOMPLISHED THROUGH A REPRESENTATIVE, AN AGENT, AN INTERMEDIARY, UM, A PARTNER, A MESSENGER, AN ASSISTANT.

AND THEY CAN BE DIRECTLY OR INDIRECTLY COMMUNICATING WITH THE MAJORITY OF THE COMMISSIONERS.

I THINK INDIRECTLY COMMUNICATING WITHIN A MAJORITY OF THE COMMISSIONERS IS REALLY IMPORTANT TO THINK ABOUT TOO.

'CAUSE THEY COULD BE COMMUNICATING WITH AN AGENT OF THE COMMISSIONER, BUT STILL BUILDING THAT CONSENSUS AND TALKING THROUGH EACH OTHER.

UM, AND THEN THE LAST ONE IS EMAILS, TEXTS AND SOCIAL MEDIA COMMUNICATIONS INVOLVING A MAJORITY OF THE COMMISSIONERS.

SO THAT WAS NOT AN ISSUE WHEN THE BROWN ACT WAS DRAFTED IN 1953.

[00:25:01]

BUT WE HAVE EVOLVED AND SO HAVE OUR, ARE THE MECHANISMS IN WHICH WE CAN VIOLATE THE BROWN ACT.

THEY'VE ALSO EVOLVED AND EXPANDED, AND SO WE'LL TALK A LITTLE BIT MORE ABOUT THAT.

I HAVE A PAGE ON EACH OF THESE, BUT IT CAN INCLUDE THINGS LIKE LIKING POSTS ON SOCIAL MEDIA BECAUSE YOU'RE STARTING TO DEVELOP A CONSENSUS ABOUT WHAT YOU MIGHT BE THINKING ABOUT AN ISSUE WITHIN YOUR GUYS' PURVIEW.

WHICH IS REQUIRED, UM, WHICH IS A RIGHT OF THE APPLICANTS THAT COME BEFORE YOU, COMMISSIONER TEMPLE.

SO HUB AND SPOKE.

WE TALKED ABOUT, HERE'S AN EXAMPLE OF IT.

THE VICE CHAIR, AGAIN, COMMISSIONER TEMPLE, VICE CHAIR TEMPLE WOULD NEVER DO THIS, BUT SHE CONTACTS ALL THE OTHER COMMISSIONERS, UM, ON THEIR, ON THE BODY, ON THE PIECE, ON THE PLANNING COMMISSION TO ENSURE THAT THEY VOTE YES TO SUPPORT AN ITEM.

THIS IS CLEARLY AN EXAMPLE OF A PROHIBITED COMMUNICATION, AND THAT'S OUR HUB AND SPOKE EXAMPLE.

THE NEXT IS THE DAISY CHAIN EXAMPLE, WHICH WE TALKED ABOUT COMMISSIONER BLUE CONTACTS COMMISSIONER GREEN COMMISSIONER GREEN CONTACTS COMMISSIONER ORANGE, COMMISSIONER ORANGE CONTACTS, COMMISSIONER PINK.

AND LET'S SAY THIS IS A FIVE PERSON BODY.

WE NOW HAVE BUSTED OUR QUORUM AND WE HAVE A BROWN ACT VIOLATION.

THE NEXT IS BY REPRESENTATIVE.

SO AN EXAMPLE OF THAT IS COMMISSIONER GREEN'S PARTNER VOLUNTEERS AT SEVERAL NON-PROFITS WHERE OTHER COMMISSIONERS, VOLUNTEER GREEN'S PARTNER ENDS UP ASKING MORE THAN A MAJORITY OF THE BODY IF THEY SUPPORT THE ITEM AS WELL AS COMMISSIONER GREEN.

SO IT'S NOT NECESSARILY COMMISSIONER GREEN, BUT WE STILL ARE GETTING THIS CONSENSUS BUILDING.

AND THIS NEXT ONE IS THE EMAILS, TEXT, SOCIAL MEDIA.

SO THIS IS A FASCINATING ONE.

COMMISSIONER, COMMISSIONER BLUE POSTS ON SOCIAL MEDIA ABOUT AN ISSUE.

IT IS LIKED BY COMMISSIONER GREEN, IT'S SHARED BY COMMISSIONER ORANGE.

IT'S COMMENTATED ON BY COMMISSIONER PINK AND IT'S RETWEETED BY COMMISSIONER AQUA.

THAT IS A LOT OF ACTIVITY AND IT'S ALSO A LOT OF PROBLEM IN THAT EXAMPLE.

WOULDN'T COMMISSIONER BLUE ALREADY BE CAUSING A VIOLATION IF THEY'RE POSTING AN OPINION ON THE ITEM THAT OTHER PEOPLE ARE SUPPORTING? YEAH.

SO THIS IS WHERE IT GETS TRICKY BECAUSE THEY MIGHT NOT BE POSTING AN OPINION.

THEY COULD JUST BE POSTING AN ARTICLE ABOUT A DEVELOPMENT.

AND THEN LET'S SAY LIKE SOMEONE DOES THE, LIKE SIGN LIKE, I'M FOR THIS DEVELOPMENT.

THAT'S HOW IT COULD BE CONSTRUED OR COMMENTS.

THE OTHER ONE THAT'S TRICKY IS, LET'S SAY THERE'S 230 COMMENTS AND YOU HAVEN'T SCROLLED THROUGH TO SEE IF THREE OTHER OF YOUR COMMISSIONERS HAVE ALREADY COMMENTED ON THIS ITEM.

AND IT'S SOMETHING THAT COULD BE COMING BEFORE YOU ALL THAT IS THE CHALLENGE OF SOCIAL MEDIA.

BUT YES, IF THEY'D EX, IF THEY'D EXPRESSED AN OPINION ABOUT ON ON THE PROJECT, THEY MIGHT BE, UM, PREVENTING A UNBIASED HEARING BODY OR AN IMPARTIAL DECISION, IMPARTIAL DECISION MAKER, IF THAT'S RIGHT.

AND IT SEEMS LIKE THERE'S A LOT OF AMBIGUITY IN THAT IN TERMS OF A, LIKE A SHARE A COM, YOU KNOW, NO, YOU'RE NOT A COMMENT.

BUT A LIKE IN A SHARE CAN MEAN A LOT OF DIFFERENT THINGS, EVEN THOUGH, AND IT'S JUST BASICALLY IT'S A COMMUNICATION ABOUT THE ITEM OUTSIDE OF A PUBLIC FORUM.

YES.

I THINK THAT'S A REALLY IMPORTANT PIECE IS WE CAN, WE CAN ATTACH A LOT OF MEANING TO IT.

UM, BUT IT'S AN ITEM THAT'S BEING COMMUNICATED ABOUT AND SEEMS TO BE BEING COMMUNICATED ON BY A MAJORITY OF THE BODY.

MM-HMM .

AND AGAIN, IT'S KIND OF TYING TO THIS, WE STARTED OFF WITH, IT'S AVOIDING THE APPEARANCE OF IMPROPRIETY, RIGHT? IT'S, IT'S THIS PUBLIC TRUST PIECE THAT KIND OF RUNS LIKE A THROUGH LINE FOR ALL OF THE BROWN ACT.

I DON'T THINK I'VE SEEN IT, BUT WHAT IF YOU COMMENT ON IT AFTER THE ISSUE HAS GONE THROUGH YOUR COMMITTEE AND GONE TO THE CITY COUNCIL.

YEAH.

SO THAT'S INTERESTING.

WE'VE HAD THAT QUESTION BEFORE AND I THINK, UM, I FEEL LIKE YOU GUYS ACTUALLY JUST SAW THIS MAYBE A COUPLE WEEKS AGO WHERE A PROJECT THAT YOU HAD PREVIOUSLY APPROVED CAME BACK BEFORE YOU FOR ALTER FOR, FOR SOME CHANGES RIGHT? ON THEIR CUP.

AND THAT HAPPENS.

SO I THINK THE CHALLENGE OF IT IS THAT THERE'S ALWAYS A CHANCE A PROJECT COMES BACK TO YOU.

AND IF YOU'RE COMMENTING ABOUT HOW YOU WISH IT HADN'T GONE THAT WAY, OR IF I WOULD'VE DONE THIS DIFFERENTLY, THAT COULD BE VERY PROBLEMATIC WHEN IT COMES BACK BEFORE YOU NOT UN RIGHT NOW YOU'RE NOT, YOU'RE, YOU'RE NOT UNBIASED.

SO WE SPENT A LITTLE BIT OF TIME TALKING ABOUT WHAT COMMUNICATIONS ARE PROHIBITED, BUT I PROMISE YOU ARE STILL ALLOWED TO COMMUNICATE UNDER THE BROWN ACT.

SO I WANNA BE CLEAR THAT THERE ARE, THERE ARE COMMUNICATIONS THAT ARE ALLOWED.

UM, SO SPECIFICALLY, AND, AND IT'S IMPORTANT BECAUSE YOU BRING TO THE TABLE YOUR EXPERTISE, YOUR LIFE EXPERIENCE, YOUR INTERACTION WITH THE COMMUNITY.

UM, AND THAT'S REALLY IMPORTANT THAT YOU BRING THAT TO THE DAIS WHEN YOU ARE MAKING DECISIONS.

AND SO INDIVIDUAL CONTACTS BETWEEN A COMMISSIONER AND ANOTHER PERSON OR ANOTHER COMMISSIONER, THOSE ARE PERMITTABLE UNDER THE BROWN ACT.

ALSO, COMMISSIONERS CAN SPEAK WITH CONSTITUENTS, WITH ADVOCATES, WITH CONSULTANTS, WITH REPORTERS, WITH STAFF, WITH COLLEAGUES.

THEY'RE, THEY, THEY CAN DO THAT.

I THINK YOU WANT TO BE CAREFUL WHEN YOU DO THAT, THAT YOU'RE NOT STATING YOUR POSITION AND THAT YOU ARE MAINTAINING THAT IMPARTIALITY,

[00:30:01]

SO ADVOCATES, AND THESE ARE PEOPLE THAT WILL GET OUR NAME AND EMAIL US.

I REALLY WANNA TALK TO YOU ABOUT THIS ISSUE.

MM-HMM .

AND, UM, I'VE ALWAYS TOLD THEM, THAT'S NOT A GOOD IDEA.

YOU CAN PRESENT ANYTHING TO EVERYBODY.

AND EVERY TIME I'VE BEEN CONTACTED, I DO TRY AND LET THE, UH, STAFF OR THE LAWYER KNOW YEAH.

BUT THAT THERE WAS NO COMMUNICATION OTHER THAN THERE CONTACTED AND I ASKED THEM NOT TO PRESENT.

RIGHT.

AND I THINK JUST BECAUSE I WASN'T SURE.

YEAH, I I THINK THAT AN IMPORTANT PART ABOUT THAT IS IT'S VERY CHALLENGING TO KNOW YOU GUYS ALSO RECEIVE APPEALS.

SO SOMETIME TIMES ADVOCATES ARE, ARE APPELLANTS THAT HAVE THOSE SAME DUE PROCESS RIGHTS, RIGHT? SO I THINK THAT'S AN IMPORTANT CONSIDERATION.

UM, ALSO PART OF THE POINT OF THE BROWN ACT, SO THAT THESE IMPORTANT DISCUSSIONS CAN HAPPEN IN A PUBLIC SPHERE.

AND SO IF, UM, YOUR DETERMINATION AND I, I THINK IT'S, IT, I CAN SEE HOW IT ALIGNS WITH THE BROWN ACT AND WITH OPEN COMMUNICATION AND WITH TRYING TO AVOID EX PARTE COMMUNICATE COMMUNICATIONS AND WITH BUILDING THAT PUBLIC TRUST TO ENCOURAGE PEOPLE TO SHOW UP IN THIS SPACE AND TO HAVE THIS DIALOGUE SO THAT EVERYONE CAN PARTICIPATE.

UM, THAT'S A POSITION THAT OUR OFFICE WILL ALWAYS SUPPORT, UM, BECAUSE WE DO THINK IT ALIGNS NICELY WITH THE BROWN ACT.

SO THERE'S ALSO THE OTHER COMMUNICATIONS THAT ARE ALLOWED ARE A MAJORITY OF COMMISSIONERS CAN ATTEND A CONFERENCE THAT'S OPEN TO THE PUBLIC.

THEY CAN ATTEND LOCAL PUBLIC MEETINGS.

SO A MAJORITY OF YOU GUYS COULD HAVE ATTENDED THE STATE OF THE CITY, FOR EXAMPLE.

UM, YOU CAN EX ATTEND OPEN MEETINGS OF ANOTHER BODY.

SO A MAJORITY OF YOU GUYS COULD ATTEND A COUNCIL MEETING, UM, OR A SOCIAL OR CEREMONIAL EVENT.

A MAJORITY OF YOU GUYS COULD ATTEND THE TREE LIGHTING.

I THINK A MAJORITY OF YOU DID ATTEND THE TREE LIGHTING.

UM, AND WHAT WE RECOMMEND IS IN THOSE INSTANCES WHERE A MAJORITY OF YOU ARE GATHERED IN ONE SPACE, OUR RECOMMENDATION IS ALWAYS TO REMEMBER THAT YOU'RE WE'RE BUILDING THAT PUBLIC TRUST.

UM, AND THAT WE WANT THAT LIKE THE, TO BE AWARE OF THE PERCEPTION OR PERCEIVED, UM, KIND OF BREACHES OF THE BROWN ACT.

SO WE ASK THAT YOU MAYBE DON'T ALL SIT TOGETHER AND IF YOU ARE TOGETHER THAT YOU DEFINITELY NOT TALK ABOUT ANYTHING THAT'S WITHIN THE JURISDICTION OF THIS BODY.

UM, IT'S NICE TO EXCHANGE PLEASANTRIES, BUT REALLY TO JUST ENSURE THAT ANY APPEARANCE OF IMPROPRIETY IS ADDRESSED THROUGH HOW YOU PARTICIPATE IN THE SPACE.

UM, SO THAT WOULD BE OUR RECOMMENDATION IN PARTICIPATING IN THOSE PERFECTLY PERMITTABLE WAYS.

ANY QUESTIONS UP? WE'RE GETTING TO THE HALFWAY POINT OF THE FUN.

YOU GUYS ARE ONE OF MY ONLY COMMISSION THAT WILL ROVE THE CITY.

EVERYONE'S DOING GREAT.

UM, THE NEXT IS WE'LL TALK ABOUT REALLY BRIEFLY IS JUST AGENDA REQUIREMENTS.

YOU'LL NOTICE THAT FOR OUR REGULAR MEETINGS, AGENDAS NEED TO BE POSTED 72 HOURS IN ADVANCE FOR A SPECIAL MEETING.

IT'S 24 HOURS IN ADVANCE.

AND THEN IF THERE WAS AN EMERGENCY MEETING, IT'S JUST A REASONABLE AMOUNT OF TIME.

SO LIKE THINKING ABOUT IF THERE WAS AN EARTHQUAKE AND THE CITY COUNCIL NEEDED TO GATHER TO MAKE SOME PLANS AND MAKE SOME DECLARATIONS AND PUT SOME CONTRACTS IN PLACE, THEY COULD DO THAT AS LONG AS THEY GAVE A REASONABLE AMOUNT OF NOTICE, WHICH IN SOME CIRCUMSTANCES COULD BE HOURS.

SO AGENDA DESCRIPTIONS, THEY ARE SUPPOSED TO GIVE A BRIEF GENERAL DESCRIPTION OF THE ITEM.

THEY INCLUDE THE DATE, THE TIME, THE LOCATION OF THE MEETING ON EVERY AGENDA.

UM, THEY ALSO HAVE TO INFORM THE PUBLIC OF THE SCOPE OF THE BODY'S INTENDED PLANS SO THAT THEY CAN DECIDE IF THEY'RE GONNA PARTICIPATE OR NOT.

UM, AND THEY MUST BE POSTED IN A LOCATION FREELY ACCESSIBLE TO THE PUBLIC.

OUR CLERK'S TEAM IS GREAT ABOUT ENSURING THAT ALL OF THAT HAPPENS.

UM, IN OUR MEETINGS, THERE ARE TIMES WHERE DURING PUBLIC COMMENTS, SOMEONE WILL COME AND SPEAK AND IT'S ABOUT AN ISSUE THAT'S REALLY IMPORTANT TO THE COMMUNITY.

AND THERE IS THAT DESIRE TO RESPOND AND TO ENGAGE.

UH, AND IT WOULD ACTUALLY BE IN VIOLATION OF THE BROWN ACT TO DO SO.

IT WOULD BE HELPFUL TO SAY, HEY, THIS IS AN IMPORTANT ISSUE.

WE WOULD LOVE TO SEE COME BACK TO THIS BODY, AND THEN WE CAN PUT IT ON AN AGENDA.

WE CAN ENSURE THAT THE ENTIRE PUBLIC, IF IT'S INTERESTING TO OUR COMMISSIONERS AND TO SOME OF OUR PUBLIC PARTICIPANTS, IT PROBABLY HAS A WIDE, A WIDER, UM, INTEREST POOL SO WE CAN ENSURE THAT THE ENTIRE PUBLIC HAS THE OPPORTUNITY TO DISCUSS THOSE THINGS.

SO THERE ARE TIMES WHERE YOU'LL, YOU MIGHT SEE ME PERK UP BECAUSE WE'RE GETTING A LITTLE TOO FAR OFF ASTRAY ON A TOPIC.

UM, BUT, BUT GENERALLY THAT, THAT'S THE WHY OF WHY THAT KIND OF HAPPENS IN OUR MEETING IS IT'S A BROWN ACT REQUIREMENT, AND WE WANNA MAKE SURE THAT EVERYBODY, WE'RE KIND OF BEING FAIR WITH THE PUBLIC AND WHAT WE'RE SAYING WE'RE GONNA CONSIDER AND DO, UM, AND ENSURING THAT WE, THERE'S NOT ACTIONS TAKEN THAT THEY WERE NOT AWARE OF OR DIDN'T HAVE THE ABILITY TO PARTICIPATE IN.

AND WE WILL HEAD TO WHERE CAN MEETINGS BE HELD.

SO THEY HAVE TO BE HELD WITHIN THE BOUNDARIES OF THE CITY.

UNLESS THERE THERE'S A SPECIFIC EXEMPTION THAT APPLIES.

[00:35:01]

AND FROM TIME TO TIME, YOU'RE, YOU'RE GOOD ABOUT HAVING MEETINGS, UM, IN DISTRICTS WHERE MAYBE THE ITEM OF THE NIGHT HAS SOME TOUCH SO THAT YOU GET GREATER PARTICIPATION.

UM, WE ARE ABSOLUTELY ALLOWED TO DO THAT AS LONG AS IT'S WITHIN THE BOUNDS OF THE CITY GENERALLY.

UM, WE, WE DON'T HAVE AN EXCEPTION THAT WOULD APPLY FOR MOST OF OUR MEETINGS.

AND THEN MEETINGS MUST BE ACCEPTABLE UNDER THE AMERICANS WITH DISABILITIES ACT OF 1990.

AND THEY CANNOT BE HELD AT A FACILITY THAT PER PROHIBITS ATTENDANCE BASED ON RACE, RELIGION, COLOR, NATIONAL OR ORIGIN ETHNIC GROUP, UH, IDENTIFICATION, AGE, SEX, SEXUAL ORIENTATION, OR DISABILITY, OR THAT ARE INACCESSIBLE AGAIN TO FOLKS THAT ARE DISABLED.

AND A MEETING CANNOT BE HELD IN A PLACE WHERE SOMEONE MUST MAKE A PURCH PURCHASE OR PAY TO BE PRESENT AT THE MEETING.

OKAY? SO THIS IS A BIG ONE, AND IT'S THE RIGHTS OF THE PUBLIC.

SO EVERY TIME FOLKS COME IN THIS ROOM TO SPEND AN EVENING WITH YOU ALL, THEY HAVE SPECIFIC RIGHTS UNDER THE BROWN ACT.

THAT THE BROWN ACT IS DESIGNED TO PROTECT AND ENSURE THE FIRST IS THE RIGHT TO COMMENT ON ANY MATTER ON THE AGENDA AND WITHIN THE BODY'S SUBJECT MATTER JURISDICTION, EVEN IF IT'S NOT ON THE AGENDA.

SO YOU, YOU GUYS HAVE VIEWED ENOUGH OF OUR MEETING AGENDAS TO KNOW THAT WE ALWAYS TAKE OPEN PUBLIC COMMENT AT THE END OF THE MEETING, AND THAT'S FOR ANYBODY TO COME FORWARD AND TO BRING TO YOU.

THERE ARE COMMENTS ON THINGS THAT ARE WITHIN YOUR JURISDICTION BUT HAVE NOT BEEN DISCUSSED ON THE EVENING'S AGENDA.

AND THEN OUR CHAIR DOES A GREAT JOB OF ENSURING THAT WE ALWAYS TAKE PUBLIC COMMENT ON EVERY AGENDA ITEM.

THE NEXT IS THAT THE PUBLIC HAS THE RIGHT TO RECORD.

THE MEETING CAN BE RECORDED WITH AN AUDIO OR A VIDEOTAPE RECORDER.

THEY CAN TAKE PHOTOGRAPHS AS LONG AS THEY ARE DOING THAT IN A NON-DISRUPTIVE MANNER, WE DO NOT HAVE THE ABILITY TO PREVENT THAT BEHAVIOR.

IT'S PROTECTED UNDER THE BROWN ACT.

AND IT KIND OF RIDES WITH THE IDEA THAT PEOPLE SHOULD BE ABLE TO KNOW WHAT'S HAPPENING IN THIS SPACE.

UM, THEY HAVE THE RIGHT, THE PUBLIC HAS THE RIGHT TO REVIEW AGENDAS AND OTHER WRITINGS DISTRIBUTED TO A MAJORITY OF THE BODY.

SO WHEN YOU GUYS GET YOUR AGENDA PACKETS, THAT'S POSTED ONLINE AT THE SAME TIME.

SO THE PUBLIC HAS THE ABILITY TO SEE AND REVIEW THINGS WHEN YOU HAVE THE ABILITY TO SEE AND REVIEW THINGS.

YOU'VE ALSO PROBABLY NOTICED THAT WHEN WE HAVE FOLKS THAT COME AND PARTICIPATE HERE AT COUNCIL AND IF THEY BRING, UM, DOCUMENTS FOR YOU, WE POST COMMENTS, CLOSE COPIES HERE FOR ANYONE WHO'S, UM, FROM THE PUBLIC AND PARTICIPATING TO VIEW AND TO OBSERVE AND TO LOOK AT THAT THING SO THAT THEY CAN HAVE THE SAME, UH, INSIGHTS ON THE MATERIAL YOU ARE LOOKING AT AS AS YOU DO.

UM, AND THEN THE LAST IS THERE'S TWO MORE, BUT THEY CAN ATTEND WITHOUT REGISTERING OR IDENTIFYING THEMSELVES.

YOU DON'T NEED TO SIGN A DOCUMENT OR GIVE AN ADDRESS IF YOU'RE THE PUBLIC TO PARTICIPATE HERE.

THEY CAN FREELY COME AND WITHOUT IDENTIFYING THEMSELVES.

UM, AND THEN THE LAST IS THEY HAVE A RIGHT TO WITNESS VOTES.

SO ALL VOTES MUST BE CAST IN THE PUBLIC, IN FRONT OF THE PUBLIC, UM, EXCEPT FOR VOTES ALLOWED THAT ARE, THAT ARE IN CLOSED SESSION, WHICH WE'LL TALK ABOUT VERY BRIEFLY.

UM, AND SO THE BIG ONE IS THAT THERE'S NO SECRET BALLOTS ALLOWED UNDER THE BROWN ACT.

YES.

VICE CHAIR THERE.

THERE'S NOTHING THAT SPECIFICALLY, UM, ADDRESSES THE, UM, DISTRIBUTIONS FROM THE AUDIENCE TO THE CONSOLE THAT THEY ARE NECESSARILY TRUE.

THAT'S, UM, NO, NO, I DON'T, I THINK I UNDERSTAND YOUR QUESTION.

SINCE WE HAD ONE MEETING AND THESE PEOPLE DIS BROUGHT IN STUFF AND MADE COPIES MM-HMM .

AND DISTRIBUTED IT AND THEY WERE ALL LIES.

THEY, THEY WERE FAKE PHOTOS MM-HMM .

AND STUFF LIKE THAT.

AND, BUT THERE'S NOTHING THAT THAT SAYS WHAT THEY BRING IS THE TRUTH.

RIGHT? THAT'S RIGHT.

I MEAN, IT'S, YOUR JOB AS AN IMPARTIAL DECISION MAKER IS ALWAYS TO VALUE, TO EVALUATE AND TO WEIGH THE INFORMATION YOU'RE HEARING.

YOU GUYS REALLY DO A LOT OF HEAVY LIFTING ON ATTACHING YOUR DETERMINATIONS TO FINDINGS IN OUR MUNICIPAL CODE AND DOING THAT WORK.

UM, AND SO AS PART OF THAT FACT FINDING AND IDENTIFYING AND CONNECTING IT TO REQUIREMENTS UNDER OUR MUNICIPAL CODE, YOU WOULD HAVE TO WEIGH WHAT YOU'RE SEEING IN FRONT OF YOU.

AND YOU HAVE OFTEN AN ENTIRE STAFF OF PEOPLE HERE THAT ARE HERE TO ANSWER YOUR QUESTIONS.

UM, BUT THEN YOU CAN ALSO WEIGH WHAT YOU'RE HEARING FROM THE PUBLIC AND WHAT YOU'RE LOOKING AT AND RECEIVING.

UM, THE BIG PART OF THE BROWN ACT IS REALLY THE ONLY REQUIREMENT IS THAT IF YOU'RE GETTING TO LOOK AT SOMETHING, THE PUBLIC SHOULD BE ABLE TO LOOK AT THAT THING AS WELL.

S SPEAKING OF THE ROLE OF THE CHAIR.

YOU'RE WELCOME.

AARON, I KNOW, UM, IT'S BEEN THIS COMMISSION'S HABIT TO ASK PEOPLE TO IDENTIFY THEMSELF WHEN THEY SPEAK.

IS THAT REALLY SEMANTICALLY? SHOULD WE JUST BE ASKING, WOULD YOU LIKE TO IDENTIFY YOURSELF? I THINK THAT'S A GREAT SOLUTION.

I THINK IT'S HELPFUL SOMETIMES IF PEOPLE WANT TO IDENTIFY THEMSELVES, WE'RE HAPPY TO HAVE THEM.

SOME PEOPLE WANT TO KNOW, THEY WANT YOU TO KNOW THAT THEY LIVE IN A NEIGHBORHOOD BECAUSE WE WERE JUST TALKING ABOUT THAT EVALUATION OF WEIGHT, RIGHT? DOES THIS PERSON KNOW THE CIRCUMSTANCES AROUND THIS PROJECT SITE? YEAH, THAT MIGHT MAKE A DIFFERENCE.

SO, UM, I THINK THAT'S A A, A VERY NICE WAY TO HANDLE THAT.

CHAIR

[00:40:02]

SO THE ROLE OF THE CHAIR IS TO RUN AN ORDERLY MEETING, WHICH COMPLIES WITH THE BROWN ACT.

IT'S ALSO TO INTRODUCE BUSINESS IN PROPER ORDER PER THE AGENDA TO RECOGNIZE SPEAKERS, BOTH COMMISSIONERS AND THE PUBLIC, TO DETERMINE IF A MOTION IS IN ORDER TO KEEP DISCUSSIONS.

SO ONE WOULD BE TO MAKE SURE WE GET THAT MOTION IN SECTION SECOND BEFORE WE GO TO OUR STAFF REPORT OR OUR PRESENTATIONS.

THEY ALSO, UM, WILL MAKE SURE THAT WE, THEY KEEP DISCUSSIONS FOCUSED ON THE AGENDA ITEM SO WE DON'T GET TOO FAR ASTRAY AND START TO WANDER INTO THAT BROWN ACT VIOLATION LAND.

UM, IT'S ALSO TO MAKE SURE THAT THEY ENFORCE TIME LIMITS FAIRLY AND NEUTRALLY FOR PUBLIC SPEAKERS.

AGAIN, GETTING TO THAT FAIR HEARING DUE RIGHT DUE PROCESS, RIGHT.

AND THEN TO PUT MOTIONS TO A VOTE AND TO ANNOUNCE RESULTS.

AND OUR CLERK TEAM IS HERE SUPPORTING IN SOME OF THOSE WAYS AS WELL.

SO, CLOSE SECTION SESSION, WE WILL BREATHE THROUGH VERY QUICKLY 'CAUSE YOU'RE NOT GONNA SEE A LOT OF THEM, BUT WE DO USE THEM AS A CITY FUNCTION AND THEY TAKE PLACE IN PRIVATE WITHOUT THE PUBLIC OR THE PRESS PRESENCE.

THEY MUST BE EXPRESSLY AUTHORIZED UNDER THE BROWN ACT.

AND THERE ARE A VERY LIMITED, UH, KIND OF POOL OF ALLOWABLE REASONS TO BE IN CLOSED SESSION.

AND THEY REALLY RELATE.

THEY HAVE A TIGHT NEXUS TO THE NEED FOR THAT PRIVACY.

UM, SO I'LL GIVE YOU A FEW EXAMPLES.

THEY ARE LIKE, FOR EXAMPLE, IF WE NEED TO IN, TO INITIATE LITIGATION AGAINST SOMEBODY, WE CAN'T BE TALKING IN THE PUBLIC ABOUT OUR LEGAL STRATEGY AND PLAN AND WHEN WE PLAN TO FILE THIS AND WHAT CLAIMS WE'RE GOING TO FILE.

BECAUSE THAT WOULD GIVE A HUGE DISADVANTAGE TO THE CITY AND IT WOULD GREATLY ADVANTAGE THE DEFENDANT IN THAT INSTANCE.

UM, THEY ALSO, THEY, THE MEETINGS HAVE TO BE CONFIDENTIAL.

THE ONLY PEOPLE THAT CAN BE IN THAT SPACE ARE PEOPLE THAT ARE REQUIRED AND NECESSARY FOR ATTENDANCE.

THE AGENDA STILL NEEDS TO LIST THAT THERE'S A CLOSED SESSION HAPPENING AND IT WILL TELL THE SPECIFIC CATEGORY AND STATUTE THAT'S ALLOWING FOR THE CLOSED SESSION TO OCCUR.

AND THEN IT WILL GIVE A VERY BRIEF DESCRIPTION OF THE MATTER DISCUSSED THAT COMPLIES WITH THE BROWN ACT REQUIREMENTS.

UM, AND THEN THERE HAS TO BE A REPORT OUT ON ANY ACTIONS THAT ARE TAKEN IN CLOSED SESSION.

SO IF THERE, FOR EXAMPLE, UM, LET'S SAY IT'S A A LITIGATION CLOSED SESSION AND THEY DECIDE TO SETTLE A CASE FOR A CERTAIN AMOUNT OF MONEY, THEN THEY WOULD COME IN FROM CLOSED SESSION AND THAT WOULD BE REPORTED OUT TO THE PUBLIC AS A SETTLEMENT OF THAT SPECIFIC LAWSUIT FOR THAT SPECIFIC DOLLAR AMOUNT.

THERE CAN BE NO MISDEMEANOR PENALTY.

SO THE TYPES OF COMMUNICATIONS THAT ARE PROHIBITED, THIS IS REALLY WE'RE GONNA START TO TALK ABOUT THE, WE'RE TOWARD, WE'RE TOWARD THE END AND WE'RE GONNA TALK ABOUT REALLY THE THE VIOLATIONS, UM, AND THE CONSEQUENCES OF VIOLATIONS OF THE BROWN ACT.

SO CERTAIN VIOLATIONS OF THE BROWN ACT ARE DESIGNATED AS, AS MISDEMEANORS.

SO I GUESS, I GUESS WE'LL START WITH CIVIL ACTIONS FIRST 'CAUSE IT'S ON THE SLIDE FIRST.

SO ANY INTERESTED PARTY MAY, UM, CAN FILE A CIVIL ACTION TO PREVENT FUTURE VIOLATIONS OR TO INVALIDATE AN ACTION THAT'S BEEN TAKEN BY THIS BODY BASED ON A VIOLATION OF THE BROWN ACT.

SO LET'S SAY YOU APPROVED A PROJECT, UM, BUT YOU DIDN'T REALIZE THAT FIVE OF YOU HAD TALKED.

IT'S CLEAR THAT FIVE OF YOU HAD TALKED ABOUT THAT DECISION.

SOMEONE COULD FILE A LAWSUIT, A CIVIL SUIT TO INVALIDATE THAT PROJECT ENTITLEMENTS, UM, AND THEY WOULD COME DOWN, IT WOULD HAVE TO BE REDONE FOR THAT APPLICANT.

UM, BUT THAT'S A CIVIL REMEDY THAT EXISTS UNDER LAW.

AND CASES CAN ALSO BE BROUGHT JUST TO PREVENT FUTURE VIOLATIONS.

SO IF YOU'VE GOT A MUNICIPALITY THAT IS A FREQUENT VIOLATOR OF THE BROWN ACT, THAT CIVIL ACTION COULD BE BROUGHT TO PREVENT THOSE FUTURE VIOLATIONS IF THAT KIND OF RECORD WERE TO EXIST.

AND IT DOESN'T IN THE CITY OF LONG BEACH BECAUSE YOU ARE ALSO WELL-TRAINED AND FOLLOWING THE BROWN ACT.

SO WELL, UM, THE OTHER THING, THE THE COST OF CIVIL ACTIONS, IT CAN RESULT, I'VE NEVER SEEN AN INSTANT INSTANCE WHERE IT HASN'T IN THE AWARD OF COSTS AND ATTORNEY'S FEES TO A SUCCESSFUL PARTY.

SO THAT IS A VERY REAL COST TO THE CITY.

UM, THERE'S ALSO CRIMINAL PENALTIES THAT CAN ARISE FOR VIOLATIONS OF THE BROWN ACT.

AND THEY'RE GENERALLY MISDEMEANORS, BUT WE'LL TALK ABOUT THEM.

A VIOLATION OF THE BROWN ACT BY A MEMBER OF THE LEGISLATIVE BODY WHO, AND THIS IS IMPORTANT, WHO ACTS WITH AN IMPROPER INTENT, WHICH WE'LL KIND OF GET INTO IS PUNISHABLE AS A MISDEMEANOR.

UM, THE CRIMINAL VIOLATION HAS KIND OF TWO, TWO COMPONENTS.

THE FIRST IS THAT THERE HAS TO BE AN OVERT ACT.

SO AN OVERT ACT COULD BE A MEMBER OF THE LEGISLATIVE BODY ATTENDING A MEETING IN, AT WHICH AN ACTION IS TAKEN IN VIOLATION OF THE BROWN ACT.

THAT IS ENOUGH TO BE AN OVERT ACT.

SO WANT YOU TO KEEP THAT IN MIND.

ACTION TAKEN IS NOT ONLY AN ACTUAL VOTE, BUT IT ALSO IS A COLLECTIVE DECISION, A COMMITMENT OR A PRI PROMISE BY A MAJORITY OF THE LEGISLATIVE BODY TO MAKE A POSITIVE OR A NEGATIVE DECISION.

UM, IF THE MEETING INVOLVES MERE DELIBERATION WITHOUT THE TAKING OF AN ACTION,

[00:45:01]

YOU COULD STILL HAVE A CIVIL ISSUE.

THERE CAN BE NO MISDEMEANOR PENALTY.

A VIOLATION OCCURS FOR A TENTATIVE AS WELL AS A FINAL DECISION.

UM, AND CRIMINAL LIABILITY IS TRIGGERED BY A MEMBER'S PARTICIPATION.

I WANNA STRESS THAT PARTICIPATING IN A MEETING WHERE THERE IS A BROWN ACT VIOLATION.

THE SECOND COMPONENT FOR THAT MISDEMEANOR, A LEVEL, UM, PENALTY IS THAT IT, THERE HAS TO BE AN INTENT OF THE MEMBER TO DEPRIVE THE PUBLIC OF INFORMATION TO WHICH THE MEMBER KNOWS OR HAS REASON TO KNOW THE PUBLIC IS ENTITLED.

SO THE VERY UNFORTUNATE PART ABOUT THIS WONDERFUL PRESENTATION IS THAT YOU ALL KNOW OR HAVE REASON TO KNOW THAT THE PUBLIC IS ENTITLED TO INFORMATION, RIGHT? SO THAT'S, THAT IS THAT SECOND COMPONENT ALLEGED BY THE, THE BIGGEST THING.

SO WE HAVE CIVIL ACTIONS IDENTIFIED HERE.

WE HAVE CRIMINAL PENALTIES IDENTIFIED HERE.

BUT REALLY THE MOST SIGNIFICANT CONSEQUENCE OF BRAN ACT VIOLATIONS IS THE BREACH OF TRUST AMONGST THE RESIDENTS OF LONG BEACH.

IT HAS A VERY LAST, THEY'RE MESSY.

IT CREATES A LOT OF HURT, IT CREATES DIFFICULTY TO MOVE PROJECTS THROUGH SO MUCH OF THE WORK THAT YOU ALL DO AND THAT THIS TEAM DOES IS IN COLLABORATION WITH COMMUNITY.

AND THOSE TRUST VIOLATIONS CAN RUN VERY DEEP.

SO WHILE WE'RE TALKING ABOUT CIVIL ACTIONS AND CRIMINAL PENALTIES, IT'S REALLY THAT VIOLATION OF TRUST WITH THE PEOPLE THAT WE ALL SERVE.

THAT IS THE LASTING HURT OF A BROWN ACT VIOLATION.

SO QUICK OVERVIEW, BROWN ACT DON'TS.

DON'T TAKE ACTION OR DISCUSS AN ITEM THAT IS NOT ON THE AGENDA.

DON'T VOTE OUTSIDE THE PUBLIC'S VIEW UNLESS A CLOSED SESSION EXCEPTION APPLIES.

DON'T DISCUSS MATTERS OF THE COMMISSION AMONG YOURSELVES OR AT PUBLIC EVENTS OR MEETINGS.

DON'T POLL OR DISCUSS ISSUES WITH COMMISSIONERS TO COME TO A DECISION OUTSIDE OF A PUBLIC COMMISSION MEETING.

BROWN ACT DUES ARE, DO ENSURE THAT YOUR ACTIONS COMPLY WITH THE BROWN ACT? DO ENSURE THAT YOUR ACTIONS PROTECT THE PARTY'S RIGHTS TO DUE PROCESS, WHICH WE DISCUSSED AT LENGTH TONIGHT.

DO CARRY OUT YOUR OFFICIAL RESPONSIBILITIES WITH FAIRNESS, WITH IMPARTIALITY, WITH OBJECTIVITY AND WITH INTEGRITY.

DO AVOID THOSE EX PARTY CONTACTS.

DO PROTECT THE PUBLIC'S RIGHT UNDER THE BROWN ACT.

DO ENGAGE IN ALL DISCUSSIONS ABOUT MATTERS WITHIN THE COMMISSIONER'S JURISDICTION AT NOTICED PUBLIC MEETINGS.

MAKE SURE THAT YOU DO RECUSE YOURSELF WHEN YOU HAVE A CONFLICT OF INTEREST OR AT A MINIMUM IF YOU THINK YOU HAVE A CONFLICT OF CONFLICT OF INTEREST, PLEASE COME TO US EARLY ENOUGH WHERE OUR OFFICE CAN HELP YOU EVALUATE THAT AND ARRIVE AT A DECISION.

UM, AND THEN DO ASK QUESTIONS.

IF YOU NEED HELP UNDERSTANDING THE RULES UNDER THE BROWN ACT.

I KNOW ALLISON AND HER STAFF AND I ARE ALWAYS STANDING BY.

WE WANNA ENSURE THAT YOU GUYS ARE DOING YOUR, YOUR BEST THINK WORK UP HERE ON THE ISSUES THAT ARE IN FRONT OF YOU AND THAT YOU'RE NOT HAVING TO WORRY OR WONDER ABOUT, UM, WHERE THE BROWN LACK BROWN ACT OVERLAYS ON ALL OF THIS.

AND WE'RE HERE TO KIND OF BE A RESOURCE SO THAT YOU GUYS CAN CONTINUE TO DO THE GOOD WORK THAT YOU DO FOR THE PUBLIC.

ARE THERE ANY QUESTIONS? THANK YOU FOR YOUR PRESENTATION.

COMMISSIONERS.

ANY QUESTIONS? NO, THANK YOU.

WITH THAT, I'LL OPEN IT UP TO PUBLIC COMMENT ON THE STUDIES.

ON THE PRESENTATION.

IF ANY MEMBERS OF THE PUBLIC WOULD LIKE TO ADDRESS THE COMMISSION, THAT WOULD BE THE TIME TO DO SO.

SEE NONE IN THE CHAMBER.

DO WE HAVE ANY VIRTUAL COMMENTS? WE DO NOT HAVE ANY VIRTUAL ATTENDEES.

WITH THAT, I WILL CLOSE PUBLIC COMMENT AND BRING IT BACK.

PINING THE RAIL.

SEEING NO FURTHER DISCUSSION IF WE COULD HAVE THE VOTE PLEASE.

I MOTION CARRIES.

OKAY, I'M JUST WAITING FOR A MOTION.

IF WE HAVE THE NEXT ITEM ON THE AGENDA, PLEASE.

ITEM FOUR IS RECOMMENDATION TO RECEIVE AND FILE PRESENTATION ON THE 2025 PLANNING BUREAU WORK PROGRAM, INCLUDING AN OVERVIEW OF MAJOR PLANNING INITIATIVES ANTICIPATED TO COME BEFORE THE PLANNING COMMISSION IN 2025.

[4. 25-54573 Recommendation to receive and file presentation on the 2025 Planning Bureau work program, including an overview of major planning initiatives anticipated to come before the Planning Commission in 2025. Suggested Action: Approve recommendation. ]

I'M SORRY.

THAT'S GOT TO IT.

AND GET A MOTION NEAR THE ITEM.

COMMISSIONER CLEMSON.

COMMISSIONER SANTOS? YEP.

MORE GOOD.

PROJECT PLANNING AND ZONING ADMINISTRATION.

THANK YOU CHAIR AND COMMISSIONERS.

I AM VERY EXCITED TO TALK TO YOU ABOUT WHAT'S COMING IN THE YEAR AHEAD.

UM, IT'S BEEN A LITTLE QUIET HERE AT COMMISSION, BUT DON'T EXPECT THAT TO CONTINUE.

UM, SO AS WE'RE KIND OF LOOKING AT THE YEAR AHEAD, I'M JUST GONNA KIND OF GROUND US IN, YOU KNOW, WHAT WE DO HERE AT CITY PLANNING.

SO WE INTERPRET AND APPLY LOCAL, COUNTY AND STATE ORDINANCES AND REGULATIONS.

WE IMPLEMENT THE CITY'S DEVELOPMENT REVIEW PROCESS FOR HOW LAND CAN BE USED, INCLUDING THROUGH OUR SITE PLAN, REVIEW PROCESS AND THROUGH ENVIRONMENTAL

[00:50:01]

REVIEW.

PURSUANT TO CQA AND NEPA, WE DEVELOP LONG RANGE PLANS AND UPDATE LOCAL REGULATIONS TO ADDRESS EMERGING CHALLENGES AND WE ADMINISTER THE CITY'S ROBUST HISTORIC PRESERVATION PROGRAM.

UH, I WANTED TO CALL YOUR ATTENTION TO THE TWO PHOTOS ON THE RIGHT.

THE TOP RIGHT IS THE PHOTO FROM OUR OCTOBER, 2023 PLANNING MONTH OF OUR STAFF, AND THE BOTTOM RIGHT IS OCTOBER, 2024.

YOU CAN SEE THAT WE HAVE GROWN IN STAFF, WHICH IS VERY EXCITING 'CAUSE WE WERE AT ABOUT A 40% VACANCY FOR QUITE SOME TIME, ALL DURING A VERY, UM, ROBUST DEVELOPMENT CYCLE.

AND SO AS WE'VE STAFFED UP, UM, THERE ARE ALSO SOME CHANGES TO THE ORGANIZATION THAT I WANT TO SHARE WITH YOU LOOKING BACK A LITTLE BIT AT 2024, AND WE'LL DO THIS IN MUCH MORE DETAIL AS PART OF THE ANNUAL PROGRESS REPORT NEXT MONTH.

UM, YOU CAN SEE THAT WE WERE QUITE BUSY.

WE TOOK IN, UM, 268 ENTITLEMENTS APPROVED ALMOST 200 OF THOSE.

WE REVIEWED ALMOST OVER 700 HISTORIC PRESERVATION CASES.

WE SERVED OVER 8,400 CUSTOMERS ON THE ZONING LINE AND 7,700 AT THE PERMIT CENTER FOR A TOTAL OF OVER 16,000 CUSTOMERS SERVED.

AND WE HOSTED 36 COMMUNITY OUTREACH OR ENGAGEMENT ACTIVITIES LAST YEAR.

PLANNING, AS YOU KNOW, IS ONE BUREAU IN THE COMMUNITY DEVELOPMENT DEPARTMENT WHERE THE FIRST STEP IN THAT DEVELOPMENT REVIEW PROCESS.

BUT WE'RE NOT THE ONLY STEP.

'CAUSE IT'S IMPORTANT THAT THE ENGINEERS MAKE SURE WHATEVER WE SAY CAN GO THERE, CAN BE BUILT SAFELY AND THAT, UM, OUR NEIGHBORHOODS AND AFFORDABLE HOUSING HAVE THE RESOURCES AND PROGRAMMING THEY NEED.

AND THAT FINALLY, IF SOMETHING'S ALREADY BUILT BUT DOESN'T MEET TODAY'S CODE, THAT CODE ENFORCEMENT CAN BE THERE TO MAKE SURE THAT THOSE STRUCTURES ARE SAFE AND SECURE.

SO THIS IS THE PLANNING BUREAU ORG CHART FROM 2023.

SO HERE IN OUR, UH, BUREAUCRACY, WE GO BY BUREAUS, WHICH ARE THOSE GROUPS IN THE DEPARTMENT THAT I JUST MENTIONED A MINUTE AGO.

SO WE HAVE FOUR HERE IN COMMUNITY DEVELOPMENT.

THEN WITHIN PLANNING AS OF 2023, WE HAD TWO DIVISIONS.

SO THE BUREAU WAS BROKEN INTO WHAT'S CALLED CURRENT PLANNING, WHICH IS WHERE, UM, WE FOCUS ON LAND USE ENTITLEMENT REVIEWS AND PROCESSING CQA FOR DEVELOPMENT PROJECTS, AS WELL AS ZONING CODE REVIEW FOR ALL BUILDING PERMITS AND BUSINESS LICENSES.

AND THEN OUR ADVANCED PLANNING DIVISION, WHICH DEVELOPS LONG RANGE PLANS AND UPDATES, LOCAL REGULATIONS, UH, CONDUCTS OUR ENVIRONMENTAL PLANNING AND ADMINISTERS THE CITY'S HISTORIC PRESERVATION PROGRAM.

HOWEVER, YOU MIGHT RECALL, ABOUT A YEAR AND A HALF AGO, WE TOOK THE EFFORT TO SPLIT THE CURRENT PLANNING DIVISION BECAUSE OF HOW IT IT HAD GROWN AND BREAK IT OUT INTO TWO DIVISIONS.

SO PROJECT PLANNING FOCUSES MORE ON MAJOR PROJECTS AND SITE PLAN REVIEWS, MANY OF WHICH YOU SEE HERE AT THE COMMISSION.

AND ZONING ADMINISTRATION OVERSEES USE PERMITS LIKE CONDITIONAL USE PERMITS, ADMINISTRATIVE USE PERMITS.

WE HAVE OUR ZONING ADMINISTRATOR HEARINGS, WHICH HAVE GROWN QUITE A BIT IN HOW MANY HEARINGS TAKE PLACE EACH YEAR AS WE'VE MADE MORE PROJECTS MINISTERIAL AND AT LOWER LEVELS OF REVIEW.

OF COURSE YOU ALL HEAR APPEALS OF THE ZONING ADMINISTRATION HEARINGS.

UM, AND ALSO FOR ZONING REVIEW OF ALL BUILDING PERMITS.

SO THE 16,000 CUSTOMERS AT THE PERMIT CENTER, THAT'S REALLY UNDER THE WORK WE DO, UM, IN ZONING ADMINISTRATION PLUS ZONING ENFORCEMENT.

AND NOW THE RECRUITMENT I MENTIONED DURING MY DIRECTOR'S REPORT IS FOR THE, UM, THE FOURTH DIVISION NOW IN PLANNING, WHICH IS THE ENVIRONMENTAL AND CULTURAL RESOURCES DIVISION BECAUSE WE'VE NOW SPLIT ADVANCED PLANNING.

SO THAT IS BECAUSE, UM, OUR ENVIRONMENTAL REVIEW WORK HAS CONTINUED TO GET MORE COMPLEX AND EXTENSIVE.

AND AS WE BUILD OUT HOW WE PRESERVE CULTURAL RESOURCES, WE'RE SEPARATING THAT FROM THE LONG RANGE PLANNING WORK SO THAT THE LONG RANGE PLANNING TEAM CAN FOCUS ON POLICY PLANNING AND SIGNATURE PROJECTS.

AND THIS WAS SOMETHING THAT THE MAYOR BROUGHT FORWARD TO CREATE, UM, A SIGNATURE PROJECTS GROUP TO FOCUS ON THINGS LIKE HOW ARE WE PLANNING FOR THE FUTURE OF OUR SHORELINE? HOW ARE WE PROVIDING, UM, UH, RESOURCES TO PLACES LIKE THE WEST SIDE? HOW ARE WE THINKING BIG TERM AND LONG RANGE ABOUT THE WORK WE DO, FOR EXAMPLE, AT THE QUEEN MARY? AND ANOTHER BIG SIGNATURE PROJECT WE'RE WORKING ON IS, UM, MODERNIZING OUR LAND MANAGEMENT SYSTEM SO THAT, UH, BOTH STAFF AND THE PUBLIC HAVE MUCH GREATER ACCESS TO DATA INFORMATION AND, UH, DIGITAL OPPORTUNITY, UH, TO PROCESS PERMITS.

SO LOOKING AHEAD THIS YEAR, WE ANTICIPATE, UH, YOU KNOW, PROCESSING A COUPLE HUNDRED ENTITLEMENTS AND SERVING 17 TO 20,000 CUSTOMERS AGAIN THIS YEAR.

IN ADDITION TO THAT, WE HAVE 77 0 INITIATIVES ON OUR WORK PROGRAM.

UM, BUT SORT OF PRIORITY 1, 2, 3, 4, AND FIVE IS OUR ZONE IN REZONING PROGRAM, WHICH WE'LL TALK A LITTLE BIT MORE ABOUT IN A MINUTE.

PLANNING ALSO PLAYS A CRITICAL ROLE IN CITYWIDE ISSUES AND PRIORITIES, UM, IDENTIFIED BY THE CITY COUNCIL.

SO THESE THREE BULLETS ARE THE THREE, UM, PRIORITY AREAS

[00:55:01]

THAT THE CITY COUNCIL HAS AGREED ARE THEIR TOP PRIORITIES.

AND PLANNING REALLY TOUCHES ALL THREE.

THAT'S HOUSING, ECONOMIC DEVELOPMENT, AND PUBLIC SAFETY PLANNING IS CRITICAL TO THE ACHIEVEMENT OF THE CITY'S 2030 STRATEGIC VISION.

THE COVER OF THAT PLAN IS HERE ON THE RIGHT AND THE CITYWIDE STRATEGIC VISION FOCUSES ON THOSE THREE TOPICS ALONG WITH TOPICS RELATED TO CLIMATE CHANGE, EQUITY, RESILIENCY, HEALTH AND MOBILITY.

AGAIN, ALL OF WHICH REALLY DO RELATE TO THE WORK THAT WE DO HERE.

IF YOU'RE NOT FAMILIAR WITH THE CITYWIDE STRATEGIC VISION, UM, IT, IT'S VERY REFLECTIVE OF THE MANY PLANS THAT YOU ALL SEE COME FORWARD.

AND IN FACT, IT BUILDS UPON, UM, OUR GENERAL PLAN ELEMENTS, UM, AND THE OTHER PLANS THAT WE'VE DONE HERE IN RECENT YEARS.

SO I MENTIONED ZONE IN OUR CITYWIDE REZONING PROGRAM.

YOU ALL HAVE SEEN, UM, MULTIPLE PROJECTS COME THROUGH, UH, ZONE IN INCLUDING THE MAJOR REZONINGS THAT YOU ALL RECOMMENDED FOR THE CENTRAL AND NORTH LONG BEACH AREAS THROUGH ZONE IN CITY CORE AND U PLAN.

THIS MAP SHOWS YOU THE VARIOUS PROJECTS THAT ARE EITHER ALREADY APPROVED OR UNDERWAY AS A REFRESHER ZONE IN IS, UM, NOT ONLY REQUIRED BUT A HUGE PRIORITY FOR US TO IMPLEMENT THE GENERAL PLAN GUIDANCE AND PLACE TYPES THAT WERE ADOPTED THROUGH OUR 2019 LAND USE ELEMENT AND 2022 HOUSING ELEMENT BY TRANSLATING BROAD POLICY INTO NEW REGULATIONS THROUGH THE SYSTEMATIC CREATION OF NEW ZONES AND REZONING OF PROPERTIES THROUGHOUT THE CITY.

SO YOU CAN SEE WE HAVE SEVERAL MORE ZONE IN EFFORTS UNDERWAY, INCLUDING IN ORANGE FOR THE ZONE IN BIXBY AREA, UM, WHICH IS PARTWAY THROUGH THE PROCESS.

AND, UM, A DRAFT PROPOSAL WILL BE COMING OUT THE SPRING FOR REZONING AS WELL AS FOR ZONE IN PHASE FOUR, WHICH COMPRISES THE WRIGLEY AREA.

AND FROM 10TH TO BROADWAY IN THE SORT OF GREATER ALAMEDA BEACH AREA IN THAT SORT OF, UH, GREEN COLOR IN PURPLE, YOU SEE OUR DOWNTOWN PLAN UPDATE AND IN RED OUR SHORELINE UPDATE.

AND THEN IN YELLOW YOU CAN SEE WHAT'S CALLED ZONE IN EVERYONE'S COAST.

AND THAT IS BEING FUNDED THROUGH A GRANT BY CALTRANS TO DO REZONING WORK IN OUR COASTAL AREA.

UH, THAT HASN'T YET BEEN DONE, UH, THROUGH CIP AND SOME OF THE OTHER SPECIFIC PLANTS.

THERE'S ALSO SEVERAL INITIATIVES RELATED TO PROVIDING AFFORDABLE AND MIXED INCOME HOUSING IN THE CITY.

SO OF COURSE, FIRST AND FOREMOST THE EXPANSION OF OUR INCLUSIONARY HOUSING REQUIREMENTS, WHICH YOU ALL DID A GREAT WORK ON IN DECEMBER.

UM, BUT ON THE STAFF SIDE, THAT'S GONNA TAKE A LOT OF WORK ON THE IMPLEMENTATION OF THAT.

THERE'S DIFFERENT PERCENTAGES AND DIFFERENT SUB AREAS.

THERE'S WORKING WITH CUSTOMERS TO UNDERSTAND WHAT THOSE REQUIREMENTS ARE AND WILL BE.

WE'RE ALSO, BECAUSE WE'VE CHANGED THE INCLUSIONARY REQUIREMENTS, WE WANT TO LOOK AT OUR ENHANCED DENSITY BONUS PROGRAM TO MAKE SURE THOSE TWO PIECES OF LEGISLATION WORK HAND IN HAND.

AND SO WE HAVE A GRAND FROM SCAG THAT WE JUST RECEIVED TO STUDY AND UPDATE OUR ENHANCED DENSITY BONUS PROGRAM TO MAKE SURE WE HAVE THE RIGHT PERCENTAGES AND TYPES OF CONCESSIONS AND WAIVERS, UH, TO MAKE FOR A ROBUST PROGRAM THAT CAN HOPEFULLY INCENTIVIZE MORE HOUSING OVERALL AND MORE AFFORDABLE HOUSING WITHIN OTHERWISE MARKET RATE PROJECTS.

WE ALSO HAVE WHAT'S CALLED THE RELIGIOUS FACILITIES OVERLAY.

THAT'S AN EFFORT WE'VE BEEN WORKING ON.

THAT'S PART OF OUR HOUSING ELEMENT COMMITMENT TO BRINGING OPPORTUNITY FOR AFFORDABLE HOUSING IN HIGH RESOURCE AREAS BY CREATING AN OVERLAY SO THAT PROPERTIES WITH A RELIGIOUS USE THAT MAY HAVE, FOR EXAMPLE, A VERY LARGE PARKING LOT, COULD CONSIDER CO-LOCATING OR LOCATING AFFORDABLE HOUSING ON THOSE PROPERTIES THROUGH ADDITIONAL INCENTIVES, ESPECIALLY IN HIGH RESOURCE AREAS.

WE'RE ALSO BEGINNING WORK TO DO A MID CYCLE EQUITY ANALYSIS OF HOW WE'RE DOING ON IMPLEMENTING OUR HOUSING ELEMENT TO LOOK AT THE DATA, UM, AND TO HEAR FROM COMMUNITY ON ARE WE MEETING OUR FAIR HOUSING GOALS? HOW CAN WE DO BETTER? WHAT SHOULD WE FOCUS ON ON THE SECOND HALF OF THE HOUSING ELEMENT CYCLE, WHICH I CAN'T BELIEVE WE'RE ALMOST AT, BUT WE ARE .

AND, UH, YOU MAY RECALL WE DID A STUDY SESSION LAST YEAR ON AN OMNIBUS SET OF MINOR BUT IMPORTANT ZONING CODE AMENDMENTS RELATED TO HOUSING.

THOSE ARE COMING THROUGH THE FINAL STAGES OF EDITING AND IT WILL BE COMING BACK TO THIS COMMISSION IN THE NEXT FEW MONTHS AS PART OF LB CODE CHANGE.

AND THEN WE HAVE A SERIES OF TENANT PROTECTION AND PREVENTION POLICIES, UH, SUCH AS SUBSTANTIAL REMODEL.

THERE'S ALSO IMPLEMENTATION OF OUR CLIMATE ACTION PLAN, WHICH AGAIN, PRIORITY ONE, TWO, AND THREE IS OUR REZONING PROGRAM.

BECAUSE WE KNOW FROM THE PLANNING PERSPECTIVE, THE BEST WAY WE CAN HELP, UM, WITH CLIMATE ACTION IS TO FACILITATE MIXED USE TRANSIT ORIENTED DEVELOPMENT TO PUT PEOPLE'S JOBS AND HOUSING NEAR TRANSIT AND NEAR EACH OTHER.

SO YOU CAN TAKE SHORTER TRIPS, USE DIFFERENT MODES OF TRANSPORTATION, AND THEN OF COURSE DEVELOPMENT STANDARD UPDATES LIKE WHAT PARKING RATIOS WE USE, IF ANY, UH, TREE CANOPY REQUIREMENTS AND MORE.

THERE'S ALSO OUR LONG BEACH CAP DEVELOPMENT CHECKLIST, WHICH DEPENDING ON THE SQA PATHWAY IS REQUIRED FOR MANY

[01:00:01]

PROJECTS TO SHOW COMPLIANCE WITH THE CAP.

UH, WE WANNA LOOK AT POTENTIALLY UPDATING THAT.

UH, WE'RE BEGINNING WORK ON AN ELECTRIFICATION REACH CODE, WHICH WOULD BE PART OF THE, THE CYCLE'S BUILDING CODE UPDATE TO, UM, CREATE INCENTIVES FOR, UM, UH, BUILDING CODE PROJECTS TO DO ALL ELECTRIC.

WE'RE ALSO TALKING WITH THE PORT ABOUT THEIR PURE WIND PROJECT AND HOW TO CONNECT THE, UM, MANY JOBS AND OPPORTUNITIES COMING THROUGH PURE WIND TO LOCAL LAND USES, AS WELL AS TO THINK ABOUT HOW THAT HELPS US MEET OUR CLIMATE GOALS, SUPPORTING CLEAN POWER.

WE HAVE ON THE, UM, DOCKET AS WELL TO UPDATE OUR, UH, VEHICLE MILES TRAVELED OR VMT GUIDELINES, WHICH THIS COMMISSION ADOPTED IN 2020.

AND WE ARE BEGINNING WORK ON OUR OPEN SPACE AND RECREATION ELEMENT, WHICH WE'LL SHARE MORE ABOUT LATER THIS YEAR.

SO IN ADDITION TO SPECIFIC INITIATIVES, WE ALSO HAVE A LOT OF WORK GOING ON RELATED TO ORGANIZATIONAL SYSTEMS CHANGE.

SO I MENTIONED OUR NEW ENTERPRISE LAND MANAGEMENT SYSTEM COMING ONLINE.

UM, THIS, UM, IS A MULTI-YEAR EFFORT, BUT UM, WE HAVE SELECTED, UM, A VENDOR AND ARE BEGINNING THE PROCESS TO IMPROVE, UM, THE EXISTING SYSTEM WHILE BUILDING WHAT'S CALLED LONG BEACH BUILDS.

IT'LL GIVE MUCH MORE CAPACITY TO TRACK DATA AND INFORMATION TRACK WHERE PROJECTS ARE BOTH FOR STAFF AND THE PUBLIC, WHILE ALSO GIVING US MORE TOOLS TO BE MORE TRANSPARENT RELATED TO PLANNING, HOUSING, HOMELESSNESS, AND OTHER TYPES OF KEY INDICATORS.

AND REALLY ALLOWS US TO DO MORE DATA INFORMED PLANNING AND DECISION MAKING, WHICH IS A BIG PART OF OUR GOAL AND TO ALIGN ACROSS GUIDING DOCUMENTS AT VARIOUS LEVELS WHILE, UM, IMPLEMENTING ACCOUNTABILITY.

SO AS WE LOOK FORWARD IN 2025, I'M EXCITED ABOUT THE WORK WE'RE DOING BOTH TO HISTORIC SIZE AND TO VISION.

UM, WHAT I MEAN BY THAT IS WE'RE UPDATING OUR HISTORIC CONTEXT STATEMENTS, SO WHOSE HISTORY ARE WE PRESERVING AND WHAT ARE THOSE PRIORITIES? AND USING A LOT OF THAT HISTORY IN THE PLANNING AND REZONING WORK WE DO.

SO ON THE LEFT SHOWS YOU SOME EXAMPLES OF THE HISTORIC SIZING WE'RE DOING FOR THE DOWNTOWN SHORELINE PROJECT.

AS WE THINK ABOUT, UM, THE MAJOR OPPORTUNITIES FOR, UM, WHAT CAN GO THERE IN THE FUTURE, THAT'S MOSTLY PUBLIC LAND THAT WAS ACTUALLY CLEARED OF, UM, PRIVATE DWELLINGS AS PART OF AN URBAN RENEWAL PROJECT.

THAT'S HOW WE WERE ABLE TO HAVE THE SPACE TO BUILD, FOR EXAMPLE, SHORELINE DRIVE.

UM, YOU CAN SEE ON THE TOP RIGHT, A SET OF YOUNG PEOPLE IN THE PLANNING PROCESS AS WE THINK ABOUT HOW TO EMPOWER YOUTH AND YOUNG PEOPLE IN THE WORK WE DO.

UM, AND WHEN WE COME BACK TO TALK TO YOU MORE ABOUT THE SHORELINE WORK, WE'RE REALLY THINKING BIG AND ONE OF THOSE BIG IDEAS IS THE POTENTIAL CREATION OF A NEW OUTDOOR WETLAND THAT WOULD SERVE THE AQUARIUM AS THEIR NEXT LEVEL OF EXPANSION.

AND THE BOTTOM RIGHT PHOTO SHOWS YOU A PRECEDENT IMAGE OF, UM, BALTIMORE WHO HAS DONE JUST THAT WITH THE NATIONAL AQUARIUM.

THAT CONCLUDES MY PRESENTATION.

WE'RE REALLY EXCITED ABOUT THE WORK COMING IN 2025 AND HAPPY TO ANSWER ANY QUESTIONS THAT YOU MIGHT HAVE.

THANK YOU, ALLISON.

COMMISSIONERS.

ANY QUESTIONS? DID YOU MENTION IN YOUR, UM, REPORT THAT THERE WOULD BE A SUMMARY OF 2020 FOURS WORK ACCOMPLISHMENTS THAT YOU'LL BE SHARING WITH THE COMMISSION AND THE PUBLIC SOON? THAT'S CORRECT.

SO WE ARE GETTING CLOSE TO COMPLETING OUR ANNUAL PROGRESS REPORT, WHICH WILL COME BEFORE THIS COMMISSION, UM, IN APRIL.

UM, THAT'LL HAVE THE FINAL DATA AND INFORMATION ON ALL THAT WAS ACCOMPLISHED IN 2024.

COMMISSIONER CLEMON, DID YOU HAVE A QUESTION? YEAH, THANK YOU.

ONE OF THE THINGS THAT I'VE SEEN RECENTLY, UH, IN THE NEWS IS ABOUT THE, UH, AUTONOMOUS DELIVERY ROBOTS.

IS THAT SOMETHING THAT WOULD COME IN FRONT OF OUR BODY OR IS THAT PROBABLY SOMETHING THAT WOULD GO STRAIGHT TO COUNCIL OR NOT EVEN INVOLVE LAND USE OR PLANNING? YEAH, SO I THINK THAT WOULD PRIMARILY BE A CHANGE TO TITLE 14, WHICH IS THE CODE THAT REGULATES THE PUBLIC RIGHT OF WAY.

UM, AND TITLE 14 GOES, UM, STRAIGHT TO CITY COUNCIL.

SO THIS BODY'S NOT IN AN ADVISORY BODY, UM, ON MATTERS RELATED TO THE PUBLIC RIGHT OF WAY.

UM, HOWEVER, I'M TRYING TO THINK OFF THE TOP.

IF THERE WERE IMPACTS RELATED TO LAND USE, UM, THAT'S WHERE OUR BODY WOULD BE INVOLVED.

THANK YOU COMMISSIONER CASTILLO.

THANK YOU ALLISON.

UM, YOU HAD MENTIONED THERE'S 17,000, UH, GUESTS THAT WERE CUSTOMERS THAT WERE SERVED.

IS HOW MUCH OF THAT, OR IS IT A SEPARATE SUBSET OF THAT, OR IS THAT UNIQUE, UH, TOUCHPOINT OR COULD THAT BE ALSO PEOPLE COMING BACK MULTIPLE TIMES? YEAH, THAT'S A GOOD QUESTION.

SO THE WAY THE DATA IS PULLED THAT COULD POTENTIALLY BE MULTIPLE DIFFERENT, IT'S, IT'S SORT OF HOW MANY TICKETS WERE PULLED BASICALLY.

SO, UM, MANY OF THOSE ARE REPEAT CUSTOMERS.

FOR EXAMPLE, PERMIT RUNNERS WOULD I'M SURE BE REPEAT CUSTOMERS.

AND THEN TO THE ORGANIZATIONAL CHANGES THAT YOU'RE

[01:05:01]

PROPOSING WITH THE NEW POSITION FOCUSING, UM, BEING ABLE TO SUPPORT SOME OF THE CITY'S CAP EFFORTS, WOULD THERE BE THE ABILITY FOR THAT POSITION TO COORDINATE WITH CURRENT PLANNING AS WELL TO HELP IN SOME OF THE PROJECTS GOING THROUGH AND HOW THEY MIGHT BE ADDRESSING SOME OF THE CAP GOALS? ABSOLUTELY, AND UM, YOU KNOW, I I, WE DO NEED THIS ADDITIONAL CAPACITY.

HOWEVER, IT'S REALLY IMPORTANT TO US THAT OUR DIFFERENT WORK FUNCTIONS NOT BE SILOED.

UM, AND SO THOSE, EVEN THOUGH YOU SEE THE DIFFERENT DIVISIONS, STAFF WHO WORK IN THEM STILL FUNCTION ACROSS THOSE DIVISIONS.

SO, UM, EVERYBODY IN PLANNING IS INVOLVED WITH SQA AND ENVIRONMENTAL REVIEW AND EVERYONE IN PLANNING, UH, IS COMMITTED TO CAP IMPLEMENTATION.

AND THIS NEW POSITION WILL DEFINITELY HELP GIVE US A, A CAPACITY TO WE, UM, BETTER WEAVE ALL OF THOSE INTO EVERYTHING WE DO IN CURRENT PLANNING.

IT'S NICE HAVING AN EXPERT OR A CHAMPION THOUGH, WITHIN A DEPARTMENT THAT CAN BE A RESOURCE FOR EVERYONE.

ABSOLUTELY.

ESPECIALLY AS, UM, JUST THE ENVIRONMENT WE WORK IN CONTINUES TO BECOME MORE COMPLEX AND TECHNICAL.

THE LAWS ARE CHANGING VERY QUICKLY.

CASE LAWS CHANGING VERY QUICKLY.

UM, IF YOU'VE SEEN LIKE, UH, YOU KNOW, UH, CA DOCUMENTS FROM 20 YEARS AGO, THEY'RE A LOT SMALLER THAN THEY ARE TODAY.

UM, AND THAT ENVIRONMENT JUST CONTINUES TO EVOLVE, SO WE THINK IT'S IMPORTANT.

YEAH, GREAT.

WITH THAT, I WILL OPEN IT UP TO PUBLIC COMMENT.

IF ANY MEMBERS OF THE PUBLIC WOULD LIKE TO ADDRESS THE COMMISSION ON THIS ITEM, NOW WOULD BE THE TIME TO DO SO.

DO WE VOTE ON THIS? GOOD EVENING, SIR.

GOOD EVENING.

UH, THANKS VERY MUCH.

UH, COMMISSIONERS, STAFF, UH, PETE MARSH, COUNCIL DISTRICT TWO, AND, UH, APPRECIATE THE CLARIFICATION ON THAT POINT EARLIER.

UM, I, I SIT ON OUR FAIR CITY'S CLIMATE RESILIENT AND SUSTAINABLE CITY COMMISSION, AS I THINK MANY OF YOU KNOW.

UM, AND I'M HERE TONIGHT SPEAKING ON MY OWN.

I CAME MOSTLY TO, TO HEAR THE WORK PLAN AND SORT OF TRY TO KEEP OUR TWO COMMISSIONS, UH, IN SYNC AND, YOU KNOW, AWARE OF WHAT'S GOING ON AND, UH, REALLY APPRECIATE, UH, THE PRIORITIES.

UM, FOR OUR COMMITTEE AND MYSELF PERSONALLY, I REALLY APPRECIATED THE SUPPORT TO THE CLIMATE ACTION PLAN, OF COURSE, AND, UH, THE TRANSIT-ORIENTED MULTI-USE ZONING.

WE, UH, WE'LL BE HEARING, UH, SOME PRESENTATIONS FROM CITY STAFF ON THAT AS WELL, UM, REGARDING THE ELECTRIFICATION REACH CODE.

UM, EXCITED TO HEAR ABOUT THAT OF COURSE.

UM, AND SO THAT'S AVAILABLE TO YOU ALL.

I CAN PROVIDE THE DECK, UH, AGAIN IF, IF FOLKS WOULD LIKE.

UM, BUT IT WAS A REALLY NICE SUMMARY OF, UH, CURRENTLY THERE'S SOMETHING LIKE 152 LOCAL, UH, UH, ORDINANCES IN ABOUT 130 LOCAL JURISDICTIONS, CITIES AND COUNTIES AND, UH, TRIBAL REGIONS IN FIVE DIFFERENT STATES.

SO A LOT OF ACTION GOING ON.

IT'S BEEN VERY MUCH SUPPRESSED, OF COURSE, BY THE BERKELEY DECISION FROM NEARLY THREE YEARS AGO NOW.

UM, BUT CITIES ARE TRYING TO WORK, UH, INCLUDING OURS.

HOW DO WE DECARBONIZE IN AN ENVIRONMENT WHERE BERKELEY CHOSE NOT TO APPEAL A PRETTY CRAZY DECISION BECAUSE OF THE SUPREME COURT'S, UH, CURRENT STATUS.

SO, UH, ANYWAY, LOTS OF, LOTS OF INFO AVAILABLE TO YOU ALL THERE AND, BUT I APPRECIATE HEARING, UH, WHAT'S GOING ON TONIGHT, UH, TO HELP INFORM OUR WORK THERE.

UM, ONE, ONE PARTICULAR THING COMING UP, UH, ASSEMBLY BILL 3 0 6 JUST RECENTLY PROPOSED IS, UH, TITLED, UH, BUILDING REGULATIONS.

UM, AND IT'S, UH, SPON, IT'S AUTHORED BY SPEAKER VUS AND, UH, AND SEVERAL, UH, VERY HIGH POWERED ASSEMBLY MEMBERS AND A NUMBER OF THE BUILDING DECARB GROUPS THAT I'M CONCERN, UH, MEMBER OF AND WORKING WITH AROUND THE STATE ARE VERY CONCERNED ABOUT THIS.

THE BILL AS WRITTEN CURRENTLY, UH, WILL SUSPEND ANY BUILDING CODE ADOPTIONS FOR THE NEXT SIX YEARS.

NEXT, CAN YOU PLEASE WRAP UP YOUR COMMENTS? TWO CODES TIME'S UP.

UM, SO WE'VE GOT PEOPLE WORKING ON THAT AROUND THE STATE.

IF ANYBODY HAS ANY INTEREST, YOU KNOW, I'M WILLING TO TAKE THAT TO THEM.

WE HAVE ANY VIRTUAL COMMENTS? YES, WE DO HAVE ONE VIRTUAL ATTENDEE.

THANK YOU MR. MARSH.

THANK YOU FOR COMING DOWN THIS EVENING.

YOU'RE WELCOME.

SEEING OTHER MEMBERS OF THE PUBLIC IN THE COUNCIL CHAMBER.

[01:10:01]

IF YOU ARE INTERESTED IN PROVIDING PUBLIC COMMENT, PLEASE USE THE RAISE HAND FUNCTION AT THIS TIME.

ONCE AGAIN, IF YOU'RE INTERESTED IN PROVIDING PUBLIC COMMENT, PLEASE USE THE RAISE HAND FUNCTION AT THIS TIME.

THERE APPEARS TO BE NO PUBLIC COMMENT AT THE MOMENT.

GREAT.

THANK YOU VERY MUCH.

WITH THAT, I'LL BRING IT BACK BY THE RAIL COMMISSIONERS.

ANY ADDITIONAL COMMENTS OR QUESTIONS ON THE UPDATE? UH, IT WAS IMPRESSIVE AND VERY AMBITIOUS, UM, GOALS THAT YOU'VE SET FOR 2025, AND I LOOK FORWARD TO, UH, THIS COMMISSION LOOKS FORWARD TO WORKING WITH YOU AND YOUR STAFF ON ACHIEVING THOSE.

IF WE COULD BRING THE MATTER UP FOR A VOTE, PLEASE.

MOTION CARRIES.

USE THE RAISE HAND FUNCTION AT THIS TIME.

IT BRINGS US TO OUR PUBLIC COMMENT ON ANY NON AGENDIZED ITEMS. IF ANYBODY WOULD LIKE TO ADDRESS THE COMMISSION ON ITEMS THAT WERE NOT ON THIS EVENING'S AGENDA, NOW WOULD BE THE TIME TO DO SO.

SEEING NO COMMENTS IN THE CHAMBER, DO WE HAVE ANY VIRTUAL COMMENTS? IF YOU'RE JOINING US VIRTUALLY AND YOU'RE LIKE TO PROVIDE PUBLIC COMMENT ON NON-AGENT ITEMS, PLEASE

[PUBLIC COMMENT Opportunity to address the Planning Commission on non-agenda items. Each speaker is limited to three minutes to make their comments unless extended by the Chair.]

THERE APPEARS TO BE NO PUBLIC COMMENT.

GREAT.