Apr 11, 2022 Planning Commission

MEDIUM.

WELL, PLEASE COME TO ORDER

[00:00:01]

[ LA HABRA PLANNING COMMISSION AGENDA REGULAR MEETING MONDAY, APRIL 11, 2022 6:30 P.M. COUNCIL CHAMBER 100 EAST LA HABRA BOULEVARD LA HABRA, CALIFORNIA 90631 Please note that should all business not be concluded by 10:00 p.m., the Chair shall either authorize an extension of time to said meeting or continue all unfinished items to a future meeting, date certain, or date uncertain.]

READY? BEGIN.

I PLEDGE TO THE FLAG OF THE UNITED STATES OF AMERICA.

I'M GOING TO GOD.

THANK YOU.

WILL THE SECRETARY PLEASE CALL ROLL COMMISSIONER ROJAS HERE.

COMMISSIONER MANLEY, COMMISSIONER MUNOZ HERE, COMMISSION, COMMISSIONER BERNIER HERE.

PERFECT.

AT THIS TIME, UH, VERONICA, I'LL TURN IT OVER TO YOU TO SWEAR IN OUR NEW COMMISSIONERS.

OKAY.

AT THIS TIME, IT IS MY PRIVILEGE TO ADMINISTER THE OATH OF OFFICE TO OUR NEWLY APPOINTED PLANNING COMMISSIONER, CARRIE SURGE, CARRIE, UM, PLEASE RAISE YOUR RIGHT HAND AND REPEAT AFTER ME.

I STATE YOUR NAME.

I CARRY SERGE.

DO SOLEMNLY SWEAR, DO SOLEMNLY SWEAR THAT I WILL SUPPORT AND DEFEND THAT I WILL SUPPORT AND DEFEND THE CONSTITUTION OF THE UNITED STATES, THE CONSTITUTION OF THE UNITED STATES AND THE CONSTITUTION OF THE STATE OF CALIFORNIA AND THE CONSTITUTION OF THE STATE OF CALIFORNIA AGAINST ALL ENEMIES FOREIGN AND DOMESTIC AGAINST ALL ENEMIES, FOREIGN AND DOMESTIC, THAT I WILL BEAR TRUE FAITH AND ALLEGIANCE THAT I WILL BEAR TRUE FAITH AND ALLEGIANCE TO THE CONSTITUTION OF THE UNITED STATES, TO THE CONSTITUTION OF THE UNITED STATES AND THE CONSTITUTION OF THE STATE OF CALIFORNIA AND THE CONSTITUTION OF THE STATE OF CALIFORNIA.

THAT I WILL TAKE THIS OBLIGATION FREELY THAT I WILL TAKE THIS OBLIGATION FREELY WITHOUT ANY MENTAL RESERVATION, WITHOUT ANY MENTAL RESERVATIONS OR PURPOSE OF EVASION OR PURPOSE OF EVASION AND THAT I WILL WELL AND FAITHFULLY AND THAT I WILL WELL AND FAITHFULLY DISCHARGE THE DUTIES, DISCHARGE THE DUTIES UPON WHICH I AM ABOUT TO ENTER OF WHICH I'M ABOUT TO ENTER.

CONGRATULATIONS, PLANNING, COMMISSIONER SEARCH.

THANK YOU VERY MUCH.

PLEASE RAISE YOUR RIGHT HAND AND REPEAT AFTER ME.

I STATE YOUR NAME.

I ESTHER DO SAMALI SWEAR.

DO SOLEMNLY SWEAR THAT I WILL SUPPORT AND DEFEND THAT I WILL SUPPORT AND DEFEND THE CONSTITUTION OF THE UNITED STATES, THE CONSTITUTION OF THE UNITED STATES AND THE CONSTITUTION OF THE STATE OF CALIFORNIA AND THE CONSTITUTION OF THE STATE OF CALIFORNIA AGAINST ALL ENEMIES FOREIGN AND DOMESTIC AGAINST ALL ENEMIES, FOREIGN AND DOMESTIC, THAT I WILL BEAR TRUE FAITH AND ALLEGIANCE THAT I WILL BEAR TRUE FAITH AND ALLEGIANCE TO THE CONSTITUTION OF THE UNITED STATES TO THE CONSTITUTION OF THE UNITED STATES AND THE CONSTITUTION OF THE STATE OF CALIFORNIA AND THE CONSTITUTION OF THE STATE OF CALIFORNIA.

THAT I WILL TAKE THIS OBLIGATION FREELY THAT I WILL TAKE THIS OBLIGATION FREELY WITHOUT ANY MENTAL RESERVATION, WITHOUT ANY MENTAL RESERVATION OR PURPOSE OF EVASION OR PURPOSE OF EVASION.

AND I AM THAT I WILL WELL AND FAITHFULLY AND THAT I WILL WELL AND FAITHFULLY DISCHARGE THE DUTIES, DISCHARGE THE DUTIES UPON WHICH I AM ABOUT TO ENTER UPON WHICH I AM ABOUT TO ENTER.

CONGRATULATIONS, ALL RIGHT.

AT THIS TIME, I I'M PLEASED TO PRESENT TO COUNCIL MEMBER.

A, UH, A PROCLAMATION FOR ALL OF YOUR SERVICE TO THE PLANNING COMMISSION.

SO IF I CAN INVITE YOU TO COME ON FORWARD, YOU WANT A MIC.

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WHEREAS DARREN ZIRIN WAS FIRST APPOINTED TO THE LABOR PLANNING COMMISSION IN 2006 AND SERVED FOR OVER FIVE YEARS.

WHEREAS DARREN ZIRIN WAS REAPPOINTED TO SAID COMMISSION IN OCTOBER, 2017.

WHEREAS DARREN WAS CHAIRMAN OF SAID COMMISSION DURING THE COVID-19 PANDEMIC AND WAS INSTRUMENTAL IN DIRECTING THE PLANNING COMMISSION MEETINGS TELEPHONICALLY VIA ZOOM.

WHEREAS DARREN EXERIENCE EXPERIENCE AS A LIFELONG RESIDENT AND NINE-YEAR MEMBER OF THE PLANNING COMMISSION ALLOWED HIM TO PROVIDE INVALUABLE REVIEW AND INSIGHT.

WHEREAS DARREN EXERIENCE PARTICIPATED IN THE APPROVAL OF IMPORTANT LEGENDS LEGISLATION FROM WHICH TO FURTHER GUIDE DEVELOPMENT IN THE CITY, WHICH INCLUDED UPDATES TO THE LA HARBOR BOULEVARD, SPECIFIC PLAN, VARIOUS ZONE CHANGES THROUGHOUT THE CITY AND ZONING CODE UPDATES REGARDING AFFORDABLE HOUSING INCENTIVES, ACCESSORY DWELLING UNITS, AND WIRELESS FACILITIES.

AND WHEREAS THESE PROJECTS HAVE ENHANCED COMMUNITY INCREASED PROPERTY VALUES.

WE LIKE THAT.

AND THEREBY ENSURED QUALITY DEVELOPMENT IN LAHABRA FOR YEARS TO COME NOW, THEREFORE BE IT RESOLVED.

THE PLANNING COMMISSION OF THE CITY OF ALHAMBRA DOES HEREBY EXPRESS ITS APPRECIATION TO YOU, DARREN ZARIAN FOR YOUR OUTSTANDING SERVICE AND COMMITMENT TO THE CITY OF ALHAMBRA AND WISH YOU MUCH SUCCESS IN ALL OF YOUR FUTURE ENDEAVORS AS YOU END YOUR NINE YEARS OF SERVICE TO THE CITY, I SHOULD ADD IN THERE IN THIS CAPACITY.

UM, THANK YOU SO MUCH TO KAREN.

CONGRATULATIONS, AND THANK YOU VERY MUCH.

I'D LIKE TO CONGRATULATE OUR NEWEST COMMISSIONER KERRY SEARCH.

IT'S AN EXCITING MOMENT.

I KNOW YOU'RE SO WELCOME BY ALL YOUR COLLEAGUES.

AND AGAIN, CONGRATULATIONS, CARRIE.

I KNOW YOU'RE GOING TO DO A WONDERFUL JOB AND CONGRATULATIONS TO ESTHER, ANOTHER A FOUR YEAR TERM FINALLY, AND NOW YOU CAN SETTLE IN AND RELAX.

SO CONGRATULATIONS, I WANT TO SAY QUICKLY TO CONGRATULATIONS TO JASON MANLEY BECAUSE THIS PAST YEAR HE'S BEEN A TRUE JOY TO SERVE WITH.

HE'S JUST BEEN A FANTASTIC CHAIRPERSON OF THIS COMMISSION.

HE MADE THE TRAINS REALLY RUN ON TIME.

HE RAN GREAT MEETINGS.

HE'S A VERY SMART, VERY CAPABLE GUY.

AND THE COMMISSION WAS IN GREAT HANDS THE ENTIRE YEAR THAT WE ALL HAD THE PLEASURE OF WORKING WITH THEM.

OF COURSE, THEY'RE GOING TO CONTINUE TO DO SO, BUT GREAT YEAR AS CHAIR.

JASON, THANK YOU SO MUCH.

AND AGAIN, THANKS TO EVERYBODY.

THANKS TO SUSAN VERONICA, DAVID AND CHRIS AND ROY.

MY EXPERIENCE IN THE PLANNING COMMISSION WAS WONDERFUL.

I LEARNED A TREMENDOUS AMOUNT.

I FEEL THAT THE PLANNING COMMISSION DOES SOME INCREDIBLY IMPORTANT WORK AND I'M JUST VERY PROUD AND HUMBLE THAT I WAS ABLE TO CONTRIBUTE TO THAT MISSION OVER THAT LENGTH OF TIME.

SO THANKS AGAIN TO EVERYBODY.

THANKS VERY MUCH.

OKAY, ROY, WE'LL TURN IT OVER TO YOU.

UM, FOR OUR REORGANIZATION.

YES, GOOD EVENING.

EVERYONE IS A TRADITION AND AS ESTABLISHED BY THE MUNICIPAL CODE, UM, THE FIRST MEETING IN APRIL OF EVERY YEAR, THE PLANNING COMMISSION REORGANIZES AND SELECTS A NEW CHAIRMAN AND VICE CHAIRMAN FOR THE UPCOMING YEAR.

UM, THERE'S NO PARTICULAR METHOD IN THE MUNICIPAL CODE OF HOW THAT GETS TO BE DONE.

UM, BUT TRADITIONALLY THE COMMISSION HAS USED A ROTATION SYSTEM, UM, SO THAT EACH COMMISSIONER HAS AN OPPORTUNITY TO SERVE IN THE CAPACITY OF CHAIR DURING THEIR TERM.

UM, IF THE COMMISSION WISHES TO FOLLOW, UH, CONTINUE TO FOLLOW THAT ROTATION, IT WOULD BE TRADITIONAL FOR THE VICE CHAIR, UH, TO BECOME CHAIR THIS YEAR AND FOR A NEW, UH, VICE CHAIR TO BE SELECTED, UH, FROM THE REMAINDER OF THE COMMISSIONERS.

UM, SO AT THIS TIME I WOULD LOOK FOR A NOMINATION FROM S FOR SURE, MAKE A NOMINATION THAT WE NOMINATE.

I NOMINATE COMMISSIONER MUNOS FOR THE POSITION OF CHAIR SECOND.

SO I HAVE A MOTION TO SECOND, ALL IN FAVOR.

WE'RE GOING TO VOTE.

ARE YOU GOING TO WANT TO VOTE? ARE YOU DOING ELECTRONIC VOTE OR VOICE VOTE, BUT WE CAN DO ELECTRONIC.

YEAH, UNLESS YOU DON'T WANT TO BE CHAIR.

OKAY.

A UNANIMOUS VOTE TO SORRY FOR COMMISSIONER MUNOZ TO BECOME CHAIR.

OKAY.

CONGRATULATIONS, CHAIRMAN MUNOZ.

SO AT THIS TIME I LOOKED FOR A NOMINATION FOR VICE CHAIR.

I WOULD NOMINATE, UH, COMMISSIONER ROJAS FOR VICE CHAIR.

IS THERE A SECOND? ALL SECOND.

OKAY.

UM, SO I HAVE A MOTION AND SECOND WILL PLEASE VOTE.

[00:10:06]

YOU NANA MISS VOTE TO APPOINT COMMISSIONER DOLLHOUSE IS VICE-CHAIR.

CONGRATULATIONS.

VICE-CHAIR ROSS.

SO I WILL NOW TURN THE MEETING OVER TO CHAIRMAN MUNOZ.

ALL RIGHT.

THANK YOU.

ALL RIGHT.

MOVING ON ON THE AGENDA TO PUBLIC COMMENT, UH, PUBLIC COMMENT SHALL BE RECEIVED AT THE BEGINNING OF THE GOVERNING BODY MEETING AND LIMITED TO THREE MINUTES PER INDIVIDUAL.

WHAT THEY TOTAL TIME OF 30 MINUTES FOR ALL PUBLIC COMMENTS, UNLESS OTHERWISE MODIFIED BY THE CHAIR.

SPEAKING TIME MAY NOT BE GRANTED AND OR LOAN TO ANOTHER INDIVIDUAL FOR PURPOSE OF EXTENDING AVAILABLE.

SPEAKING TIME, AND COMMENTS MUST BE KEPT BRIEF NON-REPETITIVE AND PROFESSIONAL NATURE.

THE GENERAL PUBLIC COMMENT PORTION OF THE MEETING ALLOWS FOR THE PUBLIC TO ADDRESS ANY ITEMS OF CITY BUSINESS, NOT APPEARING ON THE SCHEDULED AGENDA PER GOVERNMENT CODE SECTION 5, 4 9 5, 4 0.38.

SUCH COMMENTS ARE AN ABI, UH, RESPONDED BY THE GOVERNING BODY DURING THE MEETING.

DO WE HAVE ANY WISHES TO ADDRESS THE COMMISSION UH, SEEING NONE, WE WILL NOW CLOSE A PUBLIC COMMENT AND MOVE ON TO THE CONSENT CALENDAR.

ALL MATTERS ON THE CONSENT CALENDAR ARE CONSIDERED TO BE ROUTINE AND INACTIVE BY ONE MOTION, UNLESS A COMMISSIONER CITY STAFF MEMBER OR MEMBERS OF THE AUDIENCE REQUEST SEPARATE ACTION OR REMOVAL OF AN ITEM REMOVED ITEMS WILL BE CONSIDERED FOLLOWING THE CONSENT CALENDAR PORTION OF THIS AGENDA.

PUBLIC COMMENT SHALL BE LIMITED TO THREE MINUTES PER INDIVIDUAL WITH A TOTAL TIME LIMIT OF 30 MINUTES PER ITEM THAT HAS BEEN REMOVED FOR SEPARATE DISCUSSION, UNLESS OTHERWISE MODIFIED BY THE CHAIR.

SPEAKING TIME MAY NOT BE GRANTED AND OR LOANED TO ANY OTHER INDIVIDUAL FOR PURPOSE OF EXTENDING AVAILABLE SPEAKING TIME, AND COMMENTS MUST BE KEPT BRIEF NON-REPETITIVE AND PROFESSIONAL IN NATURE BEFORE THE COMMISSION AT THIS TIME IS THE CON CONSENT CALENDAR, WHICH INCLUDES ITEMS ONE THROUGH TWO.

ALL THE ITEMS WILL BE APPROVED WITH ONE VOTE, UNLESS AN ITEM IS REMOVED FOR FURTHER DISCUSSION TO ANY OF THE COMMISSIONERS, WISH TO MOVE AN ITEM.

IS THERE ANYONE IN THE AUDIENCE WHO WISHES TO HAVE AN ITEM REMOVED? HEARING NONE AT THIS TIME.

I HAVE A MOTION, MR. CHAIR, WITH YOUR PERMISSION, I MAKE A MOTION TO APPROVE THE CONSENT CALENDAR.

DO I HAVE A SECOND? SECOND? ALL RIGHT.

IF I CAN GET EVERYONE'S VOTES IN OKAY.

MOTION PASSES FOUR ZERO WITH COMMISSIONER SEARCH, UM, ABSTAINING.

ALL RIGHT.

MOVING ON ON THE AGENDA.

WE'RE UH, MOVING ON TO OUR CONTINUED PUBLIC HEARING.

WE WILL NOW MOVE ON TO THE PUBLIC HEARING SCHEDULED FOR THIS EVENING.

UM, STAFF, DO WE HAVE A REPORT? YES.

GOOD EVENING.

CHAIRMAN AND COMMISSIONERS.

WE HAVE A CONTINUED PUBLIC HEARING FOR THE EXPANSION OF THE RUBY REDS, BARBECUE, UH, WHICH INCLUDES A CUP AND A MODIFICATION.

THE MODIFICATION IS TO ALLOW FOR THE TYPE 41 ONSET BEER AND WINE TO INCLUDE SWEET.

A.

SO ROBERTO IS CURRENTLY OPERATING WITHIN SUITE B AND THE REQUEST INVOLVES EXPANSION OF THE FACILITY INTO SUITE A A.

SO THIS HIGHLIGHTS, THE PROPOSED EXPANSION AREA ADJACENT TO THE ROS.

AND THIS IS THE PROVIDED FLOOR PLAN SHOWING, UH, THE EXPANDED AREA.

AND THIS IS A BLOWUP OF THAT AREA.

UM, PRESENT.

WE HAVE ALL PARTIES, INCLUDING THE REPRESENTATIVE, AS WELL AS THE OPERATOR PRESENT AS REQUESTED BY THE COMMISSION TO, UH, ANSWER ANY QUESTIONS.

THANK YOU.

RIGHT.

THANK YOU, DAVID.

AT THIS TIME, UM, I WILL ASK THE PLANNING COMMISSIONERS, IF THERE'S ANY QUESTIONS OF STAFF, EXCUSE ME, MR. CHAIRMAN, UM, YOU WILL NEED TO REOPEN THE PUBLIC HEARING, CLOSED IT AT THE OKAY.

SO I'M GOING TO START OFF.

UM, THE PROCEDURES WILL BE AS FOLLOWS.

THE CHAIR WILL INTRODUCE THE ITEM AND STAFF WILL GIVE A REPORT ON THE ITEM.

THOSE WHO WISH TO OPEN TO SPEAK IN FAVOR OF THE ITEM WILL BE ORGANIZED FIRST.

AND THE COMMISSION WILL HEAR FROM THOSE IN OPPOSITION.

REBUTTALS WOULD BE ALLOWED ONLY AT THE DISCRETION OF THE CHAIR.

AFTER ALL HAVE SPOKEN, THE PUBLIC HEARING WILL BE CLOSED AND THE COMMISSION WILL DISCUSS THE MATTER AND TAKE ANY ACTIONS IT DEEMS APPROPRIATE.

[00:15:02]

YOU WILL FIND THE SPEAKER CARDS AT THE TABLE OF THE ENTRANCE OR THE CHAMBER.

WHEN YOU COME FORWARD, PLEASE IDENTIFY YOURSELF AND SPELL OUT YOUR NAME FOR THE RECORD.

PLEASE ADDRESS ALL COMMENTS AND QUESTIONS TO THE CHAIR.

THERE SHOULD BE NO DIRECT EXCHANGE BETWEEN MEMBERS OF THE AUDIENCE AND PUBLIC COMMENTS SHALL BE LIMITED TO FIVE MINUTES PER INDIVIDUAL WITH A TOTAL LIMIT OF 60 MINUTES FOR ALL PUBLIC COMMENT FOR EACH PUBLIC HEARING ITEM ON THE AGENDA, UNLESS MODIFIED BY THE CHAIR, COMMENTS MUST BE KEPT BRIEF NON-REPETITIVE PROFESSIONAL IN NATURE.

SO AT THIS TIME I KIND OF WENT AROUND THE AGENDA SHOULD HAVE STARTED OUT WITH THAT FIRST AND THEN GONE ON TO STAFF.

MY APOLOGIES ON THAT.

SO AT THIS POINT, UM, I DO WANT TO SEE IF WE RECEIVED ANY CORRESPONDENCE ON THIS ITEM.

WE DID NOT.

OKAY.

OKAY.

AND WE WILL NOW REOPEN THE PUBLIC HEARING.

WE WILL HEAR FROM THOSE WISHING TO SPEAK IN FAVOR OF THE PROPOSED PROJECT.

IF YOU WISH TO SPEAK IN FAVOR, PLEASE COME TO THE PODIUM NOW AND ADDRESS THE COMMISSION.

ALL RIGHT, NONE.

NOW WE WILL HEAR FROM THOSE WISHING TO SPEAK IN OPPOSITION TO THE PROPOSED PROJECT.

IF YOU WISH TO SPEAK IN OPPOSITION, PLEASE COME TO THE PODIUM NOW AND ADDRESS THE COMMISSION.

OKAY.

SO NOW WE'LL MOVE ON TO, UH, COMMISSION, UH, QUESTIONS ON BEHALF OF THE COMMISSION TO THE APPLICANT.

SO WE'LL MOVE ON TO QUESTIONS.

UM, AND THEN FROM THERE, HERE FROM THE APPLICANT HIMSELF.

SO DO WE HAVE ANY QUESTIONS WE'LL START OFF WITH COMMISSIONER BERNIER, COMMISSIONER ROJAS, AND YEAH, I THINK THE BIGGEST QUESTION THAT WE HAD WAS IN DISCUSSIONS TO THE OVERALL LAYOUT, AS FAR AS THE WALL, THE PROPOSED OPENING INTO THE NEW SUITE AND THEN THE WALL.

SO WE WANTED TO GET CLARIFICATION ON THAT.

IT'S GOING TO TAKE THIS RIGHT CONTIGUOUS.

SO THE OPENING WILL BE CONTIGUOUS.

YOU CAN WALK FROM ONE SIDE TO THE OTHER, AND WE WILL HAVE A STAFF THERE AT ALL TIMES.

AND THAT'S FOR THE, UM, MOBILE ORDERS, ONLINE ORDERS, ANY SORT OF CATERING PICKUPS, AND THERE'LL BE A RETAIL STORE.

AND WE WILL ALL THE STAFF THERE ALL TIMES FOR CLEANING PURPOSES AND A CASHIER FOR THE RETAIL SIDE.

IF YOU CAN JUST INTRODUCE YOURSELF.

OH, SORRY.

KEVIN HUFFORD.

I REPRESENT THE, UH, THE APPLICANT.

OKAY.

LAST NAMES.

AND LAST NAME.

KEVIN HUFFORD H U F F O R D.

OKAY.

SO THE WALL IS GOING TO BE FULL LENGTH, RIGHT? IT'S JUST OPENING ITSELF.

THAT'S GOING TO BE CORRECT.

THERE'LL BE A DOORWAY.

OKAY.

AND THEN, UM, SO ANYTHING ELSE? YEAH.

LOOKING AT THIS IMAGE RIGHT HERE.

IS THIS THE BEST IMAGE FOR US TO REFER TO KEVIN? THAT IS CORRECT.

OKAY.

AND THE, CAN YOU JUST GUIDE MY EYES TO WHERE I NEED TO BE SEEN WHERE THIS OPENING WOULD BE FRONT? RIGHT.

BOTTOM FRONT.

SO IS IT UNDERNEATH WHERE I'M SEEING, UM, A 5.0 S NINE RIGHT THERE, DAVID, RIGHT.

OKAY.

SO WHERE THAT RED CURSOR IS ALONG THAT HASHED LINE IS A CONTINUOUS WALL, CORRECT? CONTINUOUS OPENING.

SO FROM DAVID, CAN YOU GO JUST TO THE LEFT A LITTLE BIT, RIGHT THERE FROM THERE ALL THE WAY TO THE RIGHT CORNER, DAVID, FROM WHERE YOU STARTED RIGHT THERE TO THE RIGHT CORNER, THE BOTTOM RIGHT CORNER, RIGHT THERE.

THAT'S ALL OPEN.

OKAY.

I'M COMPLETELY OPEN.

IT'S NOT PONY ANYWHERE.

IT'S THERE WAS A CURTAIN WALL AS WELL.

SO WE TAKE AN ABOVE HEAD HEIGHT ANGLE ACROSS.

OKAY.

AND THEN FROM DAVID, CAN YOU GO BACK TO THE LEFT A LITTLE BIT RIGHT THERE FROM THERE ONTO THE LEFT OF HIS CURSOR ALL ALONG THERE IS JUST SOLID WALL FLOOR TO CEILING.

OKAY.

AND CURRENTLY THE PART THAT'S GOING TO BE THIS CONTINUOUS OPENING WITH THE CURTAIN AS YOU DESCRIBED IT, THAT, WHAT DOES THAT LOOK LIKE TODAY? TODAY? IT HAS ABOUT SEVEN MILESTONES ON IT, AND IT'S A AS RECLAIMED WOOD AND STEEL.

COULD YOU PLEASE COME TO THE PODIUM? SO IT GET YOUR VOICE ON THE RECORDING.

CURRENTLY, THAT'S OUR LOBBY WALL THAT HAS A BULL SCHOLES AND RECLAIM WOOD AND A BENCH FOR THOSE WAITING IN LINE.

AND SORRY, IF YOU CAN INTRODUCE YOURSELF FOR THE RECORD.

I'M STEVE WILLIAMSON, PRESIDENT OF A RUBY REDS, BARBECUE.

MR. WILLIAMSON, THE BOWLS ARE ON THE WALL AT THE BULLHEADS OR THE SCHOOLS ARE ON THE WALL AND THAT WALL IS GOING TO

[00:20:01]

UH, YES, THAT'S CORRECT.

BUT THE BULLET SKULLS ARE ABOVE THE AREA.

IN OTHER WORDS, WE'RE HAVING AN OPENING UP TO EIGHT FOOT TALL AND ABOVE THERE WILL STILL BE THE DECORATIVE SKULLS.

GOT IT.

OKAY.

SO IT WON'T BE COMPLETELY OPEN FROM FLOOR TO CEILING.

THERE'LL BE NO, THAT'S A CURTAIN WALL IS WHAT I HAD SAID.

SO THAT JUST MEANS IT COMES DOWN AND STOPS AT A POINT.

GOT IT.

OKAY.

YEAH.

AND, UM, SO THERE ALWAYS BE SOMEONE AT THE PICKUP AREA AND THEN THAT'S STRICTLY FOR TACOS AND LIKE, UM, FOOD ORDERS AND WHATNOT.

SO WHAT THAT IS IS THAT'S FOR CATERING ORDERS.

UH THAT'S FOR, TO GO ORDERS, THIRD-PARTY DELIVERY, ONLINE ORDERS, AND ALSO TO SERVICE THE GUESTS IN THAT AREA.

SO WE'LL HAVE A CLEANING PERSON ASSIGNED TO THAT SIDE AND ALSO A CASHIER.

AND THAT'S WHERE WE'LL HOUSE, MOST OF OUR RETAIL ITEMS AS WELL.

SO THERE'LL ALWAYS BE SOME SORT OF STAFF THERE TO PEOPLE.

OKAY.

ALL RIGHT.

YEAH.

ANY OTHER QUESTIONS OR ANYTHING ELSE? UH, I HAVE A QUESTION.

SO HOW MANY PEOPLE ARE GOING TO BE IN THE REGULAR DINING AREA WHEN YOU WALK IN ON THE OTHER SIDE THAT WE'RE NOT SPEAKING.

SO THERE'S ABOUT 50 ON THE SIDE.

WHEN YOU WALK INTO THE LEFT OF THE EXISTING RESTAURANT, THERE'S ALSO ABOUT 50 OUTSIDE ON A PATIO AND THERE'LL BE ABOUT 40 TO 42 ON THE NEW SIDE.

SO EMPLOYEES, OH, I'M SORRY.

UH, EMPLOYEES ON THE EXISTING SIDE, UH, WE ALWAYS HAVE 10 OR 12 IN THAT AREA BECAUSE THAT'S THE COOK LINE AND THE SERVING LINE.

OKAY.

SO MY, MY QUESTION IS YOU HAVE 10 TO 15 ON THAT SIDE, BUT ONLY TWO ON THE OTHER SIDE, THAT IS WAY BIGGER THAN THE EXISTING SIDE.

AND YOU WANT TO SEE P FOR THIS, THIS NEW PROJECT.

SO THE EXISTING SITE IS ACTUALLY BIGGER THAN THE NEW SITE, UH, NOT VICE VERSA.

AND THE REASON WE HAVE MORE ON THE EXISTING SITE IS BECAUSE THAT'S WHERE THE PEOPLE STAND BEHIND THE COUNTER TO ACTUALLY SERVE CUT, YOU KNOW, IN FRONT OF THE CUSTOMERS, THE PRODUCT WE'LL HAVE TWO PEOPLE THAT ALWAYS MAN THAT SIDE.

AND TWO PEOPLE THAT ALWAYS MAN, THE NEW SITE ACTUALLY IN WITH THE CUSTOMERS AND REALITY IS INCLUDING MYSELF.

WE HAVE, UH, EMPLOYEES THAT GO OUT CONSTANTLY AND ARE ALWAYS TALKING TO THE GUESTS ON BOTH SIDES.

HOW MANY EMPLOYEES WILL YOU HAVE ON THE FLOOR? IS MY QUESTION.

TYPICALLY WE'LL HAVE TWO PER SIDE.

UM, I'M CONCERNED.

I'M REALLY CONCERNED.

I KNOW SOME OF US ALSO HAVE A CONCERN WITH THAT.

IT'S A, IT'S A BIG AREA THAT YOU'RE ONLY HAVING TWO EMPLOYEES, A MAN FOR THE CUP IT'S IT'S CONCERNING.

SO WE'RE ACTUALLY TALKING ABOUT, UH, MORE SPACE SO PEOPLE CAN SEE ON THE OTHER SIDE.

BUT THEN I WENT TO THE STORE TODAY AND THERE'S A GRID.

THERE'S A GRID FROM, YOU KNOW, THE, HERE IS THE KITCHEN AND THEN THERE'S A GRID HERE AND THEN THERE'S GOING TO BE THIS WALKWAY.

SO MY CONCERN IS HOW ARE THEY GOING TO SEE INTO THE OTHER ROOM? ALSO, THE OTHER ROOM HAS ITS OWN ENTRANCE AND THEY'RE STAFFED BEHIND THAT COUNTER.

AND THERE'S A GATE THAT GOES INTO THAT ROOM.

SO THERE'S NOT A NEED TO SEE OVER THERE.

THERE'S ACTUALLY PEOPLE EMPLOYED TO STAY ON THAT SIDE AND PEOPLE EMPLOYED TO STAY ON THE OTHER SIDE.

IN ADDITION TO THOSE TWO PEOPLE THAT ARE SIMPLY THERE.

NOW KEEP IN MIND, WE DON'T HAVE SERVERS IN THE RESTAURANT, UH, THE FOOD'S BROUGHT TO THEIR TABLE.

SO IT'S NOT LIKE A REGULAR RESTAURANT WHERE YOU HAVE SERVERS.

INSTEAD OF THAT, WE HAVE EVERY SINGLE EMPLOYEE.

IT GOES OUT TO THOSE CUSTOMERS THROUGHOUT THE EVENING.

AND IF YOU WERE THERE, YOU PROBABLY SAW THAT WHERE PEOPLE WITH OUR STAFF WAS OUT TALKING TO THE GUESTS.

SO IT'S NOT AS IF THEY NEED TO SEE OVER INTO THAT SIDE.

THERE'S ANOTHER, THAT WHOLE SIDE IS FOR THE PURPOSE OF ONLINE ORDERING CATERING, THIRD-PARTY DELIVERY AND RETAIL, UH, OF THE, OF THE GUESTS OVER THERE.

I DEFINITELY UNDERSTAND THAT.

I DO.

I ABSOLUTELY DO.

BUT THE QUESTION HERE THOUGH, IS THE ALCOHOL THAT'S GOING TO BE IN THAT AREA.

I HAVE NO PROBLEM WITH THE SIDE.

OKAY.

WE JUST NEED, MY CONCERN IS THERE'S NOT ENOUGH STAFF WATCHING WHERE THE CUP IS GOING TO BE, UH, APPROVED.

WHAT IS THE AMOUNT OF STAFF THAT'S REQUIRED BY THE CITY? I DON'T KNOW THAT THERE'S A REQUIREMENT.

I HAVE, I HAVE A QUESTION.

HAVE YOU GUYS HAD YOU GUYS CURRENTLY SERVE ALCOHOL? HAVE YOU GUYS HAD ANY INCIDENTS PROBLEM WITH THE ALCOHOL? ANYTIME YOU'VE HAD TO CALL THE POLICE OR ANY TYPE OF FIGHTS OR ANY TYPE OF PEOPLE GETTING TOO ROWDY OR DRINKING TOO MUCH? WE HAVE NOT.

THERE'S SO MANY EMPLOYEES COME, YOU KNOW, THERE'S, THERE'S PROBABLY FOUR OR FIVE EMPLOYEES WALKING THAT DINING AREA AT ALL TIMES, AND THAT'LL BE THE CASE ON THE OTHER SIDE AS WELL.

OKAY, MR. WILLIAMSON.

UM, AND AS YOU KNOW, THAT RESTAURANT BETTER THAN ANYBODY, YOU, AS THE OPERATOR HAVE ZERO CONCERN WITH VISIBILITY,

[00:25:02]

YOU KNOW, I HAVE HUNDREDS OF EMPLOYEES IN MANY, MANY LOCATIONS AND I'VE NEVER HAD ANYTHING, BUT THE UTMOST CONCERN FOR THOSE EMPLOYEES.

AND IF I THOUGHT THAT THERE WAS ANY CHANCE OF ANY OF THESE PEOPLE, HAVING, YOU KNOW, BEING IN A SITUATION THAT'S UNCOMFORTABLE FOR ANY REASON, I'D HAVE NO PART OF IT.

I'D CLOSE THE PLACE.

SO NO, TO ANSWER YOUR QUESTION, I HAVE NO CONCERN WHATSOEVER.

I APPRECIATE THAT.

THANK YOU.

I HAVE NO FURTHER QUESTIONS.

I HAVE NO FURTHER QUESTIONS.

CARRY ANY QUESTIONS.

I DO NOT.

THANK YOU.

AND COMMISSIONER BRENER ANY OTHER, UM, YOU GUYS ANSWERED MY QUESTIONS.

SO ANY QUESTIONS BY STERN? I MEAN, JASON, UM, NO QUESTIONS WITH YOUR PERMISSION, MR. CHAIR, I'M PREPARED TO MAKE A MOTION.

YES, BUT I THINK FIRST LET'S CLOSE THE PUBLIC HEARING AND THEN WE'LL MOVE A COMMISSIONER FOR DISCUSSION AND OR MOTION.

I MAKE A MOTION, MAKE A MOTION TO APPROVE AND RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAHABRA APPROVING CONDITIONAL USE PERMIT 22 DASH ZERO ONE TO ESTABLISH A RESTAURANT AT 1841 WEST IMPERIAL HIGHWAY SUITES, A AND B AS PER THE APPROVED PLAN, MAKING THE APPROPRIATE FINDINGS AND SUBJECT TO CONDITIONS.

I SECOND THE MOTION.

ALL RIGHT, EVERYONE.

PLEASE PUT IN YOUR VOTES.

MOTION PASSES ZERO.

I GOT A SECOND.

I'LL MAKE THE SECOND MOTION OF PROVEN RESOLUTION OF THE PLANNING COMMISSION FOR THE CITY OF LA HARBOR.

PROVING MODIFICATION, 22 DASH ZERO ONE AND MODIFICATION OF AN EXISTING CONDITION TO USE PERMIT 20 DASH 14 FOR AN ABC TYPE 41 ON SELL BEER AND WINE LICENSE IN CONJUNCTION WITH A RESTAURANT AT 1841 WEST IMPERIAL HIGHWAY, SUITE A M B AS PER APPROVED PLANS, MAKING THE APPROPRIATE FINDINGS AND SUBJECT CONDITIONS TO CONDITIONS BY SECOND, THE MOTION.

ALL RIGHT, EVERYONE.

PLEASE PUT IN YOUR VOTES.

OKAY.

MOTION PASSES FIVE ZERO.

AND THEY WILL BECOME FINE ON 10 WORKING DAYS UNLESS IT'S APPEALED TO CITY COUNCIL.

ALL RIGHT.

CONGRATULATIONS.

ALL RIGHT.

MOVING ON TO CONSIDERATION ITEMS. ARE THERE ANY CONSIDERATION ITEMS? NO, NO COMMENTS FROM STAFF.

I HAVE A QUICK COMMENT FROM STAFF AT OUR LAST MEETING, WE DISCUSSED A ZONING CODE AMENDMENT AND AN AMENDMENT TO THE MUNICIPAL CODE.

AS FAR AS THE NUMBER OF PLANNING COMMISSION MEETINGS WOULD BE HELD AFTER HEARING THE RESULTS OF OUR MEETING.

AND THE COMMENTS PROVIDED BY PLANNING COMMISSIONERS WILL NOT BE BRINGING FORWARD TO THE COUNCIL, A RECOMMENDATION TO LIMIT THE NUMBER OF MEETINGS TO ONE MEETING, A MINIMUM OF ONE MEETING PER MONTH.

SO KEEP THINGS AS IT IS, BUT ALL OF THE REST OF THE ZONING CODE AMENDMENTS WILL BE BEFORE THE CITY COUNCIL AT OUR NEXT MEETING NEXT MONDAY.

OKAY.

AND SO AT THIS TIME, MR. CHAIRMAN, UNDER STAFF COMMENTS, WE ALSO HAVE, UH, LAUREN, UH, FROM THE CITY ATTORNEY'S OFFICE IS GOING TO GIVE US A QUICK WORKSHOP ON THE BROWN ACT.

SO GOOD EVENING.

MY NAME'S LAUREN LUCKIER AND WITH THE FIRM JONES MAYOR.

AND I'M A DEPUTY CITY ATTORNEY.

IT'S NICE TO BE WITH YOU ALL.

CAN YOU HEAR ME? OKAY, PERFECT.

UM, SO I WILL TRY AND KEEP THIS BRIEF AS, UH, AS INFORMATIVE AS POSSIBLE, BUT WE'RE GOING TO BE TALKING ABOUT ETHICS AND PUBLIC SERVICE FOR A FEW MINUTES.

UM, AND THAT REALLY CONTAINS THREE MAJOR CATEGORIES, WHICH IS, UM, PERSONAL FINANCIAL GAIN.

SO CONFLICTS OF INTERESTS, THE BROWN ACT AND FAIR PROCESS.

SO, UH, ETHICS LAWS ARE, UM, A LITTLE BIT MORE THAN JUST A LOT ITSELF.

SO THE LAW IS THE FLOOR AND ETHICS IS MAYBE WHAT YOU OUGHT TO DO WHILE THE LAW IS WHAT YOU ABSOLUTELY MUST DO.

UM, AND YOU OBVIOUSLY CAN GO ABOVE AND BEYOND THE LAWS, MINIMUM REQUIREMENTS TO, UH, MAKE SURE THAT ALL OF YOUR ACTIONS ARE ETHICAL, BUT TODAY WE'RE GOING TO TALK THE INTERSECTION BETWEEN LAW AND ETHICS AND WHERE THAT KIND OF CROSSES WHAT YOU MUST DO.

UM, BUT WHILE WE TALK ABOUT THAT, MAYBE CONSIDER AS A PUBLIC SERVANT, UM, HOW THAT KIND OF, UH, FLOWS INTO YOUR JOB AS A PLANNING COMMISSIONER.

SO WE'RE GOING TO HIT ON THREE OUT OF THESE FOUR

[00:30:01]

UM, THIS IS REALLY AN OVERVIEW PRESENTATION.

UM, SO IF YOU HAVE QUESTIONS THROUGHOUT OR AT THE END, PLEASE FEEL FREE TO ASK, BUT SPECIFIC SCENARIOS, UM, PERHAPS JUST SHOOT ME AN EMAIL.

I'LL LEAVE YOU SOME BUSINESS CARDS AND WE CAN TALK ABOUT THAT.

UM, ONE-ON-ONE AT ADELAIDE OUR TIME.

SO FIRST ONE LAWS RELATING TO PERSONAL FINANCIAL GAIN, AS I'M SURE YOU ALL KNOW, JUST BECAUSE YOU'RE A PUBLIC SERVANT DOES NOT MEAN THAT YOU GET TO BENEFIT FINANCIALLY IN ANY OTHER WAY.

UM, AND THAT'S REALLY WHAT THIS IS ABOUT.

SO THE POLITICAL REFORM ACT, UM, DISCUSSES CONFLICTS.

SO NO PUBLIC OFFICIAL MAY MAKE PARTICIPATE IN MAKING OR ATTEMPT TO USE HER OFFICIAL POSITION TO INFLUENCE A GOVERNMENTAL DECISION WHEN SHE KNOWS OR HAS REASON TO KNOW THAT SHE HAS A DISQUALIFYING FINANCIAL INTEREST, THAT DISQUALIFYING FINANCIAL INTEREST IS REALLY THE IMPORTANT PART OF THAT.

UM, AND THAT INCLUDES FINANCIAL INTERESTS OF YOUR SPOUSES AND DEPENDENTS SO DEPENDENT CHILDREN AND SPOUSES.

AND IT DOESN'T MATTER IF IT'S A POSITIVE OR A NEGATIVE FINANCIAL IMPACT.

AND IT IS UP TO YOU TO MAKE SURE THAT YOU'RE AWARE OF THE FINANCIAL IMPACTS THAT MAY BE IN YOUR LIFE.

UM, OF COURSE CITY ATTORNEYS ARE HERE TO HELP AS MUCH AS WE CAN, BUT IT'S ALWAYS GOOD TO KEEP KIND OF A CATALOG OF WHAT MIGHT BE COMING UP.

SO IN DECIDING WHETHER OR NOT YOU HAVE A CONFLICT, IT'S A FOUR STEP ANALYSIS USED TO BE EIGHT.

SO GLAD THAT WE GOT TO PARE THAT DOWN A LITTLE BIT.

UM, AND THE FIRST STEP IS SEEING IF IT'S REASONABLY FORESEEABLE THAT THERE'S A FINANCIAL EFFECT FROM THE ACTION.

UM, IF THERE IS, UH, IF IT IS REASONABLY FORESEEABLE THAT THE DECISION WILL HAVE A FINANCIAL EFFECT ON YOU AS A PLANNING COMMISSIONER, THE NEXT STEP IS TO DETERMINE IF THAT'S A REASONABLE OR A SORRY, A MATERIAL, FINANCIAL EFFECT.

UM, THIS IS A VERY SPECIFIC FACT INQUIRY INTO THE PARTICULARITIES OF WHATEVER CASE, UM, IS IN FRONT OF YOU.

SO THAT'S DEFINITELY SOMETHING THAT YOU SHOULD SPEAK WITH OUR OFFICE ABOUT.

UM, BUT FOR EXAMPLE, IF, UH, THERE WAS A LARGE APARTMENT COMPLEX GOING UP, UM, NEXT TO A PLANNING COMMISSIONERS HOUSE, BUT IT AFFECTED THE ENTIRE COMMUNITY, YOU KNOW, AS ONE THAT MIGHT BE MATERIAL, BUT LIKELY, UH, IT WOULDN'T BE BECAUSE IT'S AFFECTING THE ENTIRE CITY RATHER THAN JUST THAT ONE PLANNING COMMISSIONER.

SO YOU CAN SEE, IT REALLY REQUIRES DIVING INTO THE FACTS OF THE COMMISSIONER, UH, THE SURROUNDING SITUATION AND ALL OF THE FACTS, UM, ALTOGETHER.

SO THEN STEP THREE IS WHETHER THE PUBLIC OFFICIAL CAN DEMONSTRATE THAT THE MATERIAL MATERIAL, FINANCIAL EFFECT IS INDISTINGUISHABLE FROM ITS EFFECT ON THE PUBLIC.

SO AGAIN, WITH THIS APARTMENT COMPLEX EXAMPLE, UM, IT'S AFFECTING THE WHOLE PUBLIC EQUALLY AS IT WOULD BE AFFECTING THAT COMMISSIONER.

IN THAT CASE, IT PROBABLY WOULDN'T BE DISTINGUISHABLE BETWEEN THE PUBLIC AND THAT COMMISSIONERS FINANCIAL IMPACT.

AND THE LAST ONE IS IF YOU MADE IT THROUGH ALL THE STEPS AND, UH, YOU GET TO STEP FOUR, THEN YOU PROBABLY HAVE A CONFLICT.

SO, UM, KINDS OF FINANCIAL INTERESTS, A FINANCIAL EFFECT UPON AN OFFICIALS OR YOUR IMMEDIATE FAMILY'S PERSONAL FINANCES IS MATERIAL.

WHEN YOU GET A MEASURE OF FULL FINANCIAL BENEFIT OR LOSS FROM THE DECISION.

SO REALLY THE KEY THINGS IS BENEFIT OR LOSS, AND IT INCLUDES YOUR FAMILY MEMBERS, DEPENDENTS AND SPOUSES.

SO FOR EXAMPLE, IF YOUR SPOUSE CAME IN FRONT OF THE PLANNING COMMISSION WITH A DEVELOPMENT PROPOSAL FOR A PARCEL, LIKELY THERE WOULD BE A MATERIAL CONFLICT OF INTEREST, AND YOU MAY HAVE TO RECUSE YOURSELF.

WHAT HAPPENS IF YOU'RE DISQUALIFIED, UH, YOU CAN'T DISCUSS OR INFLUENCE THE VOTE IN ANY WAY, SHAPE OR FORM.

YOU HAVE TO IDENTIFY THE NATURE OF THE CONFLICT IN WRITING, UM, AND THEN LEAVE THE ROOM IF THE ISSUE IS PRESENTED.

SO THIS IS IN PUBLIC SESSION OR AT ANY OTHER SESSION OF THE PLANNING COMMISSION.

IF FOR WHATEVER REASON, WE WENT BACK TO ZOOM MEETINGS THAT WOULD MEAN MUTING AND TURNING OFF YOUR CAMERAS, UM, OR LEAVING THE MEETING AND COMING BACK AFTER THE DISCUSSION HAS FINISHED PENALTIES.

IF, UH, THESE, UH, CONFLICT OF INTERESTS ARE NOT THE PROCESS ISN'T FOLLOWED, UH, THE DECISION COULD BE INVALIDATED.

THIS IS USUALLY WHAT HAPPENS IS THAT WE JUST NOTIFY, OR WE DON'T, THE COURT WOULD KNOW A FIVE, A DECISION THAT WAS MADE BY THE PLANNING COMMISSION.

UM, OF COURSE IT COULD RESULT IN LARGER THINGS LIKE MISDEMEANOR FINES.

YOU COULD HAVE TO FORFEIT ANY BENEFIT FINANCIALLY THAT CAME TO YOU OR YOUR FAMILY ATTORNEY'S FEES MAY HAVE TO BE PAID FOR THE OTHER SIDE AND OBVIOUSLY

[00:35:01]

SO BEST PRACTICES, AVOID TEMPTATION, UM, AND REALLY DON'T LOOK AT YOUR PUBLIC SERVICE AS ANY TYPE OF OPPORTUNITY FOR FINANCIAL GAIN.

ALL RIGHT, MOVING ON TO TRANSPARENCY LAWS.

THIS IS WHERE WE'LL TALK ABOUT THE BROWN ACT AND THE PUBLIC RECORDS ACT.

AND BOTH OF THOSE THINGS KIND OF HAVE SOME MAIN PILLARS, WHICH IS TRANSPARENCY AND ACCESS.

UM, SO OUR GOAL IS TO MAKE SURE THAT, UH, PEOPLE HAVE ACCESS TO PUBLIC RECORDS, THAT THEY CAN KNOW WHAT THE GOINGS ON ARE OF OUR PLANNING COMMISSION, OF OUR CITY COUNCILS OF OUR LEGISLATIVE BODIES.

SO WE'LL TALK ABOUT THE BROWN ACT AND THE PUBLIC RECORDS ACT FIRST, THE BROWN ACT, IT REQUIRES THAT ACTIONS BE TAKEN OPENLY AND THAT DELIBERATIONS, UM, BE OPEN AS WELL.

UH, THE PLANNING COMMISSION IS A LEGISLATIVE BODY, SO IT IS BOUND BY THE BROWN ACT.

I'M SURE YOU KNOW, SO WHO IS SUBJECT TO THE BROWN ACT? THE PLANNING COMMISSION, UM, ALSO, YOU KNOW, OBVIOUSLY CITY COUNCIL, UM, AD HOC COMMITTEES, USUALLY AREN'T, UH, SUBJECT TO THE BROWN ACT, BUT STANDING COMMITTEES ARE.

SO AGAIN, WE JUST HAVE TO MAKE SURE THAT, UH, THESE ARE FOLLOWED.

IF IT'S A LEGISLATIVE BODY, A MEETING IS ANY CONGREGATION OF A MAJORITY OF THE MEMBERS OF THE LEGISLATIVE BODIES.

SO FOR YOU ALL, THAT WOULD BE AT LEAST THREE OF YOU OR AT THREE OR MORE OF YOU.

UM, AND IT'S ANY DELIBERATION OF A SUBJECT MATTER THAT'S BEFORE THE LEGISLATIVE BODY.

SO ANYTHING THAT COULD COME BEFORE YOU, UM, OR IS WITHIN YOUR JURISDICTION, IF THERE'S THREE OR MORE OF YOU, THAT'S CONSIDERED A MEETING AND NEEDS TO FOLLOW THE BROWN ACT PROCEDURES.

UM, SO IN THAT, IN SAYING THAT, UM, INFORMAL DISCUSSIONS CAN OFTENTIMES LEAD TO A MEETING OF THE LEGISLATIVE BODY, WHICH WOULD, UH, NEED TO FOLLOW, NOTICING PROCEDURAL REQUIREMENTS.

AND THOSE ARE, UM, INCLUDING ONES AT THE DAYAS DURING PLANNING COMMISSION MEETINGS.

SO IF THREE OF YOU BEGIN DISCUSSING ON THE SIDE, THAT WOULD BE, UM, CONSIDERED A MEETING AND, UH, WE'D HAVE TO FOLLOW THE BROWN ACT AND ALSO TELEPHONE CONVERSATIONS, SERIAL MEETINGS, EMAILS, TEXTS, BLOGS, AND SOCIAL NETWORKING SITES.

THESE ARE ALL ONES THAT WE'LL TALK ABOUT A LITTLE BIT MORE IN DEPTH, BUT, UM, IT'S TOUGH WHEN YOU JOIN A GROUP CHAT WITH THREE OF YOU AND POTENTIALLY TALK ABOUT THINGS THAT ARE SUBJECT MATTERS OF THE PLANNING COMMISSION THAT COULD BE, UH, CONSIDERED A MEETING AND WE WOULD HAVE TO FOLLOW THE BROWN ACT.

SO KEEP THOSE IN MIND AS YOU'RE DEVELOPING GROUP TEXTS AND EMAIL CHAINS AND REPLYING ALL.

SO A MEETING IS NOT INDIVIDUAL CONTACTS OR CONVERSATIONS, UM, ATTENDANCE AT CONFERENCES OR SOCIAL EVENTS, EVEN IF THERE'S THREE OR MORE OF YOU.

UM, AS LONG AS YOU'RE NOT TALKING ABOUT A SUBJECT MATTER, THAT IS PART OF THE JURISDICTION OF YOUR COMMISSION, THEN YOU'RE FINE.

UM, AND ATTENDANCE AT OTHER LEGISLATIVE BODIES AS WELL.

SO REALLY JUST, UH, KEEP AN EYE OUT ON THE CONTENT OF YOUR CONVERSATIONS.

EMAILS, OF COURSE, EASY TO HIT REPLY ALL BY ACCIDENT AND, UH, DEVELOP A MEETING OF THE PLANNING COMMISSION.

SO WE WANT TO MAKE SURE TO AVOID THAT BY, UM, HITTING JUST REPLY, UH, AND USING CAUTION, UM, USING YOUR OWN EMAIL OR DEVICE TO DISCUSS AGENCY IS ALSO CONSIDERED TO BE A PUBLIC RECORD, WHICH WE'LL TOUCH ON A LITTLE BIT MORE IN A SECOND.

UM, BUT THE CITY OF SAN JOSE CASE AS A NEW RULING THAT SAID PERSONAL DEVICES ARE CONSIDERED TO BE, UM, PART OF THE CITY'S RECORDS RETENTION.

AND SO THE COURT CAN DIVE INTO YOUR PERSONAL DEVICES.

IF YOU'RE TALKING ABOUT CITY BUSINESS PLANNING, COMMISSION BUSINESS, AND FIND PERSONAL RECORDS, IT'S NOT REALLY A SHIELD TO PROTECT THOSE WRITINGS.

SO EVEN WHEN YOU'RE TALKING ON YOUR PERSONAL DEVICES, WE WANT TO MAKE SURE THAT WE'RE FOLLOWING ALL OF THESE GUIDELINES.

SAME WITH TEXTING AGAIN, GROUP CHATS, SUPER EASY TO ACCIDENTALLY HOLD A MEETING OVER TEXT MESSAGE.

SO WE WANT TO AVOID THAT.

UM, SO AVOID SENDING OR RECEIVING TEXTS AND EMAILS, UH, DURING A PUBLIC MEETING FROM MEMBERS OF THE BODY, DURING A MEETING.

AND IF YOU HAVE A DECLARED CONFLICT, DEFINITELY AVOID, UM, TEXTING ABOUT THE SUBJECT MATTER.

SO IS A GOOD QUOTE.

WE HAVE IT IN OUR OFFICE HANGING UP ON OUR FRIDGE.

DAN'S LIKE, NO, ONE'S WATCHING EMAIL AND TEXTS.

LIKE IT MAY BE ONE DAY READ ALOUD IN A DEPOSITION, SAME WITH BLOGGING.

UM, SO SHORT FOR WEBLOG.

IT, UH, IS ALSO SAME WITH SOCIAL MEDIA.

I KNOW FACEBOOK CAN BE A VERY POPULAR WAY TO EXPRESS OPINIONS.

UM, IT CAN BE DIFFICULT

[00:40:01]

SO JUST WATCH OUT FOR WHAT'S GOING ONLINE.

UM, AS WE KNOW, IT STICKS THERE FOREVER POSTING REQUIREMENTS.

SO THE BROWN ACT REQUIRES ANY REGULAR MEETING TO BE POSTED AND NOTICE 72 HOURS BEFORE IT TAKES PLACE WITH A SPECIFIC TIME AND LOCATION AND HAVE A BRIEF GENERAL DESCRIPTION OF EACH ITEM, UH, AND 24 HOURS FOR SPECIAL MEETINGS.

THERE'S AN EXCEPTION FOR EMERGENCIES, BUT THESE EMERGENCIES HAVE TO BE WORK STOPPAGES OR CRIPPLING DISASTERS, WHICH MAKES ME INITIALLY THINK OF COVID IF, UH, COVID STARTED IN THE MIDDLE OF A PLANNING COMMISSION MEETING AND THE WORLD WAS SHUTTING DOWN ACTIVELY, PERHAPS THAT WOULD BE AN EMERGENCY, BUT THAT'S REALLY ABOUT IT.

SO POSTING REQUIREMENTS, NO ACTION ON ANY ITEM MAY TAKE PLACE IF IT DOESN'T APPEAR ON THE POSTED AGENDA.

UM, THERE ARE EXCEPTIONS AGAIN, EMERGENCY THE NEED FOR IMMEDIATE ACTION, UM, BRIEF RESPONSES TO QUESTIONS FROM THE PUBLIC.

IF YOU WANT A STAFF TO GIVE A VERY BRIEF REPORT ON SOMETHING OR A STATUS UPDATE, AND THEN A REQUEST TO AGENDIZE, ANY ITEM CONSEQUENCES OF BROWN ACT VIOLATIONS INCLUDE OF A DECISION, UH, CRIMINAL SANCTIONS FOR INTENTIONAL VIOLATIONS.

THAT MEANS YOU KNOWINGLY HAVE TO VIOLATE THE BROWN ACT, UM, AND INTENSE ADVERSE MEDIA ATTENTION.

AGAIN, ETHICS VERSUS LAW, LEGALLY, NO ISSUE YOU'RE NOT GONNA, YOU KNOW, HOPEFULLY BE SUED FOR ADVERSE MEDIA ATTENTION, BUT IN BEING A PUBLIC SERVANT, YOU WANT TO MAKE SURE THAT, UH, YOU'RE DOING RIGHT BY THE PEOPLE THAT YOU'RE SERVING PUBLIC RECORDS ACT IS ANOTHER LAW THAT WE MUST FOLLOW.

UM, AND A PUBLIC RECORD IS THREE ELEMENTS.

IT STARTS WITH ANY WRITING THAT CONTAINS INFORMATION RELATING TO THE CONDUCT OF THE PUBLIC'S BUSINESS AND THAT'S RETAINED BY, UM, THE CITY.

SO IT HAS TO MEET ALL THREE OF THOSE THINGS IN ORDER TO BE A PUBLIC RECORD.

AGAIN, YOU CAN CALL US WHENEVER IF YOU'RE NOT SURE IF SOMETHING'S A PUBLIC RECORD, UM, RECORDS THAT ARE CONSIDERED PUBLIC RECORDS MUST BE AVAILABLE FOR INSPECTION AND COPYING AT ALL TIMES DURING REGULAR BUSINESS HOURS.

AND IT'S IMPORTANT TO FOLLOW AND RETAIN THE DOCUMENTS THAT ARE CONSIDERED PUBLIC RECORDS FOR THE ALLOTTED AMOUNT OF TIME.

YOU LIKELY HAVE A PUBLIC RECORDS RETENTION POLICY INTERNALLY, UM, THAT GOVERNS HOW LONG YOU NEED TO KEEP THOSE THINGS FOR.

SO I WOULD ENCOURAGE YOU FIND THAT AND MAKE SURE THAT, UM, WE'RE RETAINING THOSE DOCUMENTS, UH, FOR THE TIME THAT'S NECESSARY.

UH, THE AGENCY HAS 10 DAYS TO NOTIFY A PERSON ONCE THEY MAKE A PUBLIC RECORDS REQUEST AS TO WHETHER THEY HAVE, WE HAVE DOCUMENTS THAT ARE RESPONSIVE TO THAT REQUEST 14 DAYS AT THE LONGEST, BUT WE TRY NOT TO USE THAT IF POSSIBLE.

UM, AND THEN THE PUBLIC HAS A RIGHT TO REASONABLE ASSISTANCE FOR THE AGENCY AND, UH, IDENTIFYING RECORDS KIND OF FINE TUNING THEIR REQUESTS.

IF POSSIBLE.

WE LIKE TO TRY AND OPERATE WITH, UH, AN IDEA OF TRANSPARENCY RATHER THAN, UM, SECRECY.

WE WANT TO MAKE SURE THAT WE CAN GIVE THEM AS MANY RECORDS AS POSSIBLE THAT ARE RESPONSIVE TO THEIR REQUESTS, BUT SOMETIMES AS YOU CAN IMAGINE, REQUESTS ARE OVER-BROAD, UM, OR VERY INTENSE AND WE CAN KIND OF HELP THEM NARROW IT DOWN.

SO FOR EXAMPLE, SOME THINGS AREN'T CONSIDERED PUBLIC OR THEY'RE CONSIDERED EXCEPTIONS TO THE PUBLIC RECORDS ACT.

UM, ONE THING MIGHT BE A CALENDARS.

THERE WAS A CASE WHERE A GOVERNOR'S CALENDAR, UM, WAS REQUESTED BY A MEMBER OF THE PUBLIC, BUT THAT WAS CONSIDERED TO BE ACCEPTED FROM THE REQUIREMENTS FOR DISCLOSURE, BECAUSE WE DIDN'T WANT TO CHILL THE SPEECH AND ABILITY FOR THE, UM, MEMBER TO MAKE THOSE MEETINGS WITH THE PUBLIC.

SO THERE ARE SOME EXCEPTIONS.

I THINK I HAVE A LIST OF THEM PRELIMINARY DRAFTS NOTES, MEMORANDA, UM, PENDING LITIGATION CONVERSATIONS WITH LEGAL COUNSEL, PERSONNEL RECORDS, ARCHITECTURAL DRAWINGS DUE TO COPYRIGHT.

UM, AND THEN WE HAVE ONE CATCHALL, WHICH IS KIND OF A BALANCING TEST AND THAT'S IF, UM, THE INTEREST IN DISCLOSURE IS OUTWEIGHED BY THE INTEREST IN NON-DISCLOSURE.

UM, SO AGAIN, FACT INTENSIVE, VERY SPECIFIC BALANCING TEST.

SO EMAIL COMMUNICATIONS, WE MUST DISCLOSE EMAILS THAT CONTAIN INFORMATION REGARDING PUBLIC BUSINESS.

LIKE WE TALKED ABOUT EARLIER, THE SAN JOSE CASE, UM, THAT INCLUDES YOUR PERSONAL DEVICES.

SO, UM, BEING AWARE OF WHAT'S BEING SENT OUT OVER TEXT MESSAGE AND EMAIL IS REALLY,

[00:45:01]

UM, AND AGAIN, RETAINING THOSE PUBLIC RECORDS FOR THE REQUIRED AMOUNT OF TIME IS VERY IMPORTANT.

AND ENFORCEMENT COURT MAY ORDER PRODUCTION OF RECORDS.

UH, YOU COULD GET COSTS AND REASONABLE ATTORNEY'S FEES TO A PREVAILING PLAINTIFF, AND AGAIN, WITH THE MEDIA ATTENTION.

SO BEST PRACTICES ASSUME THAT ALL INFORMATION WILL BECOME PUBLIC.

AT SOME POINT DON'T DISCUSS AGENCY BUSINESS WITH FELLOW DECISION MAKERS OUTSIDE OF PUBLIC MEETINGS.

THE LAST GROUP OF LAWS THAT WE'LL TALK ABOUT ARE FAIR PROCESS LAWS, AND THESE ARE REALLY IMPORTANT, UM, FOR IMPARTIALITY AND, UH, PROTECTING AGAINST FAVORITISM.

SO THREE AREAS OF DISCUSSION, COMMON LAW BIAS DUE PROCESS, AN ANTI-NEPOTISM FIRST COMMON LAW BIAS.

UM, SO WE REQUIRED DUE PROCESS AND ADMINISTRATIVE HEARING, UM, AND THAT DEMANDS THE DECISION-MAKER TO BE FAIR AND IMPARTIAL.

IT ALSO REQUIRES THAT ANYONE THAT HAS A PERSONAL INTEREST IN THE OUTCOME BE DISQUALIFIED FROM MAKING A DECISION ON THAT MATTER.

SIMILAR TO WHAT WE WERE TALKING ABOUT EARLIER, STRONG OPINIONS ARE OKAY, BUT, UM, BEING COMPLETELY CLOSED MINDED AS TO ANY OTHER REASONABLE ALTERNATIVE OR ANY, UM, ANYTHING DIFFERENT THAN YOUR STRONGLY HELD OPINION IS LIKELY NOT OKAY, AND NOT CONSIDERED TO BE FAIR AND IMPARTIAL.

SO PERSONAL INTERESTS BEYOND THE, YOUR REGULAR DUTY AS A PLANNING COMMISSIONER, UM, SHOULD BE TAILORED BACK MAYBE A LITTLE BIT ON YOUR SOCIAL MEDIA CHANNELS OR ON YOUR, UM, BLOGS OR, YOU KNOW, WHEREVER ELSE YOU ARE OUT IN THE WORLD, POSTING THINGS.

UH, WE JUST WANT TO MAKE SURE THAT THAT WE'RE AS IMPARTIAL AS POSSIBLE.

SO DUE PROCESS REQUIREMENTS, UH, NOTICE OF ACTION, OPPORTUNITY TO PREPARE OPPORTUNITY TO BE HEARD, JUST LIKE YOU ALL, UM, DO AND THEN HAVE A FAIR AND IMPARTIAL HEARING.

UM, SO THIS IS REQUIRED.

IT, IT CAN BE FLEXIBLE DEPENDING ON THE INTEREST AT STAKE, BUT GENERALLY THIS IS THE PROCESS THAT WE MUST FOLLOW TO ENSURE THAT, UM, FAIR PROCESS IS FOLLOWED, WHICH IS SIMILAR TO DUE PROCESS.

AND THEN ANTI-NEPOTISM IS THE LAST KIND OF CATEGORY, BASICALLY CONFLICT OF INTERESTS.

LIKE WE TALKED ABOUT EARLIER, VERY SIMILAR, UM, IN THE CASE WHERE YOUR SPOUSE SPRINGS, A DEVELOPMENT OF A PARCEL BEFORE THE PLANNING COMMISSION, UM, YOU DON'T WANT TO SHOW FAVORITISM, YOU CAN'T SHOW FAVORITISM, THAT WOULD BE NEPOTISM.

UM, SO THAT'S, THAT'S REALLY WHAT THIS IS ABOUT.

WE JUST WANT TO MAKE SURE THAT WE DON'T PARTICIPATE IN DECISIONS THAT DIRECTLY AFFECT FAMILY MEMBERS, SPOUSES DEPENDENT CHILDREN.

SO AGAIN, BEST PRACTICES, FAIRNESS, MERIT BASED DECISION-MAKING, UM, SEPARATION OF OPINIONS AND POLITICS FROM YOUR DECISION-MAKING AS A PLANNING COMMISSIONER IS REALLY THE BEST WAY TO GO.

SO, UH, RECALL, AS WE SPOKE EARLIER, THE LAWS, THE FLOOR ETHICS CAN RISE ABOVE THAT WHAT YOU OUGHT TO DO VERSUS WHAT YOU MUST DO.

IT'S YOUR CHOICE, HOW HIGH YOU WANT TO SET THOSE STANDARDS AS A PUBLIC SERVANT.

UM, BUT THAT IS JUST A VERY BRIEF OVERVIEW OF THE GENERAL BUCKETS OF THE LAW, UM, FOR ETHICS AND BEING A PUBLIC SERVANT, HERE'S SOME RESOURCES.

AND I THINK WE CAN SHARE THIS POWERPOINTS YOU'LL HAVE ACCESS TO THOSE FOUR THINGS.

THE FPPC IS A GREAT RESOURCE.

IF YOU WANT TO READ ABOUT OTHER CASES THAT HAVE HAPPENED ABOUT FAIR PROCESS, UM, THEY ISSUE A LOT OF OPINIONS, UM, REGARDING DIFFERENT, UM, ACTIONS BY CITY COUNCIL MEMBERS, PLANNING, COMMISSIONERS, LEGISLATIVE BODY MEMBERS.

THE ATTORNEY GENERAL ALSO HAS A LIST OF OPINIONS, UM, THE LEAGUE OF CALIFORNIA CITIES ILG AND THEN OF COURSE US.

SO, UM, PLEASE FEEL FREE TO REACH OUT IF YOU HAVE ANY QUESTIONS, FEEL FREE TO ASK THEM.

NOW I'LL GIVE, UH, SOMEONE MY BUSINESS CARD AND WE CAN PASS AROUND ANY PRESSING QUESTIONS ABOUT ANY OF THIS.

THANK YOU.

UM, ANY QUESTIONS I HAVE ONE, SORRY.

UM, CAN YOU EXPAND A LITTLE ON THE SERIAL MEETINGS? YOU CAN EXAMPLE OF IT.

UM, AN EXAMPLE WOULD BE A CONTINUAL MEETING THAT GROUPS OF THREE OR MORE OF YOU HAVE OUTSIDE OF THIS MEETING.

YEP.

SO LIKE, IF WE ALL DECIDE TO GO HAVE COFFEE EVERY SATURDAY AND TALK ABOUT THINGS THAT OCCUR IN THE, IN YOUR JURISDICTION OF THE PLANNING COMMISSION.

YES.

GOT IT.

OKAY.

WHILE EATING CEREAL AND THEN, UH, REGARDING ARCHITECTURAL DRAWINGS, I KNOW THEY'RE PROTECTED AND SO FORTH FROM THE RUTGERS REQUESTS, BUT IN THE CASE THAT WHEN THEY COME BEFORE US, AS THEY'RE AN ATTACHMENT TO THE AGENDA, HOW DOES THAT WORK? THAT'S A GOOD QUESTION.

UM, I CAN LOOK INTO THAT FOR YOU.

I KNOW THAT IF, UH, OFTENTIMES WE CAN JUST BLACK OUT THE ARCHITECT'S NAME

[00:50:01]

CAUSE I KNOW WE DO ATTACH THOSE USUALLY.