[Call To Order]
          [00:00:07]
          WE'RE 
          [Informational]
HI. GOOD EVENING EVERYONE. MY NAME IS HENRY CASTILLO AND I'M WITH THE CITY ATTORNEY'S OFFICE. 
          I'M THE PLANNING COMMISSIONER ATTORNEY, SO I'LL BE THE ATTORNEY THAT'S HERE FOR ALL OF YOUR MEETINGS. SO IT'S NICE TO MEET YOU AND WELCOME THE NEW COMMISSIONER. SO WE'RE GOING TO DO A QUICK BROWNOUT TRAINING. THE MOST IMPORTANT THING THAT I WANT YOU TO UNDERSTAND ABOUT THE BROWN ACT IS THAT IT'S OKAY FOR YOU GUYS TO GET TOGETHER AND CHAT AMONGST YOURSELVES, JUST THAT YOU CAN'T COME TO ANY CONCLUSIONS OR ANY DETERMINATIONS WITH FROM ANYTHING THAT'S WITHIN YOUR JURISDICTION. SO THE SO I'M GOING TO DO A QUICK HISTORY OF THE BROWN ACT. I'D LIKE TALKING ABOUT THE HISTORY OF IT, BECAUSE IT JUST KIND OF PUTS EVERYTHING INTO PERSPECTIVE. AND THEN YOU GUYS KNOW THE STATE OF CALIFORNIA PASSES THOUSANDS OF BILLS EVERY YEAR. AND IT'S TO ME, IT'S SO CURIOUS THAT THESE THESE PARAGRAPHS OF THE BROWN ACT HAVEN'T EVEN CHANGED SINCE THE 1950S. SO THAT'S HOW IMPORTANT IT IS THAT THE HISTORY OF THE BROWN ACT AND WHY WHY WE DO HAVE THE BROWN ACT. SO THEN I'M GOING TO TALK ABOUT THE APPLICATIONS OF THE BROWN ACT. I'M GOING TO TALK ABOUT SERIAL MEETINGS AND THEN SOME RULES GOVERNING MEETINGS. SO THE HISTORY OF THE BROWN ACT, LIKE I SAID, IT CAME UPON IN THE 1950S, THIS REPORTER, MIKE HARRIS, WHO ACTUALLY JUST PASSED AWAY LIKE LAST YEAR, HE WROTE THIS TEN PART SERIES IN THE SAN FRANCISCO CHRONICLE. AND HE TALKED ABOUT, LIKE, A LOT OF THESE SMALL BODIES, A LOT OF LOCAL AGENCIES THAT WERE MAKING DECISIONS. AND LIKE, YOU KNOW, WHEN YOU THINK ABOUT DECISIONS BEHIND CLOSED DOORS AND THE SMOKE FILLED ROOMS, AND THEN BY THE TIME THAT THE PUBLIC SAW THESE DECISIONS BEING VOTED UPON, THERE WAS NO DISCUSSION. THERE WAS NOTHING. 
          SO IT WAS KIND OF WEIRD THAT THERE WAS ALREADY A CONSENSUS AMONGST THE MEMBERS OF THE BODY BEFORE THAT EVEN CAME BEFORE THEM. SO AS A RESULT OF THAT INVESTIGATION, RALPH M BROWN, WHO WAS AN ASSEMBLY MEMBER AT THE TIME, HE'S THE LEAST FAVORITE OF THE BROWN'S. 
          EVERYBODY'S FAMILIAR WITH PAT BROWN AND JERRY BROWN. SO THIS ASSEMBLY MEMBER PASSED WHAT IS KNOWN AS THE BROWN ACT. SO IT'S A SERIES OF DIFFERENT CODE SECTIONS, AND IT'S STATE LAW, AND IT APPLIES TO IT APPLIES TO LEGISLATIVE BODIES AND ALSO SUB BODIES AND COMMISSIONS. SO YOU GUYS ARE PLANNING COMMISSION. TO ME, THE PLANNING COMMISSION IS KIND OF WHERE A LOT OF THE IMPORTANT WORK GETS DONE IN THE CITY AND A LOT OF RECOMMENDATIONS THAT GOES TO THE CITY COUNCIL. SO FOR CITIZENS OF CITIZENS AND RESIDENTS OF COACHELLA, IT'S IMPORTANT FOR THEM TO KNOW HOW YOU GUYS ARE COMING TO THESE CONCLUSIONS AND WHY YOU'RE APPROVING SOME OF THESE CONDITIONAL USE PERMITS THAT WILL COME BEFORE YOU, OR ALL THESE DIFFERENT TYPE OF DECISIONS THAT ARE COMING BEFORE YOU. IT'S IMPORTANT FOR THEM TO UNDERSTAND HOW YOU'RE ARRIVING AT THAT CONCLUSION. SO THESE ARE THE TWO KEY PARTS THAT I ALWAYS READ VERBATIM JUST BECAUSE, LIKE I SAID THESE, THEY WERE ADOPTED IN 1953. AND SINCE 1953, THESE TWO KEY PARTS OF THE BROWN ACT HAVE NEVER BEEN TOUCHED AND HAVEN'T BEEN CHANGED. SO IN ENACTING THIS CHAPTER, THE LEGISLATURE FINDS AND DECLARES THAT THE PUBLIC COMMISSIONS, BOARDS AND COUNCILS AND THE OTHER PUBLIC AGENCIES IN THE STATE EXIST TO AID IN THE CONDUCT OF THE PEOPLE'S BUSINESS. IT IS THE INTENT OF THE LAW THAT THEIR ACTIONS BE TAKEN OPENLY, AND THAT THEIR DELIBERATIONS BE CONDUCTED OPENLY. THE SECOND PART IS THE PEOPLE OF THE STATE DO NOT YIELD THEIR SOVEREIGNTY TO THE AGENCIES WHICH SERVE THEM. THE PEOPLE, AND DELEGATING AUTHORITY DO NOT GIVE THE PUBLIC SERVANTS THE RIGHT TO DECIDE WHAT IS GOOD FOR THE PEOPLE TO KNOW AND WHAT IS NOT GOOD FOR THEM TO KNOW. THE PEOPLE INSIST ON REMAINING INFORMED SO THAT THEY MAY RETAIN CONTROL OVER THE INSTRUMENTS THAT THEY HAVE CREATED. SO YOU GUYS WERE ALL APPOINTED BY THE CITY COUNCIL. THE CITY COUNCIL WAS ELECTED TO SERVE ON THE CITY COUNCIL, AND THEN THEY, WITHIN THEIR POWER, HAVE CREATED A PLANNING COMMISSION AND HAVE APPOINTED YOU TO THIS PLANNING COMMISSION. SO WITH THAT SAID, JUST BECAUSE THE RESIDENTS HAVE ELECTED HAVE ELECTED THE CITY COUNCIL MEMBERS AND YOU HAVE BEEN APPOINTED, THAT DOESN'T MEAN THAT THEY DON'T GET AN OPINION, RIGHT? SO IN EVERY OPEN MEETING, THERE'S ALWAYS A SEGMENT WHERE THERE'S A PUBLIC PORTION WHERE THE PUBLIC CAN COME AND ADDRESS YOU. THERE'S AN AGENDA THAT GOES OUT THAT STAFF PUTS TOGETHER. THEY ATTACH ALL THE DOCUMENTS, PRETTY MUCH EVERY INFORMATION THAT THE PUBLIC 
          [00:05:05]
WANTS TO PARTICIPATE, THEY CAN. SO THE APPLICATION OF THE BROWN ACT. SO TO WHOM DOES THE ACT APPLY? AND ALSO WHEN DOES IT APPLY. SO THE APPLICATION LIKE I SAID, IT APPLIES TO ANY ANY GENERAL LAW OR CHARTERED CITY AND COUNTY, TOWN, SCHOOL DISTRICT, MUNICIPAL CORPORATION, POLITICAL SUBDIVISION OR ANY BOARD OR COMMISSION. AND THIS IS SO IF YOU IF YOU IF YOU WALK AWAY WITH ANYTHING TODAY, JUST WALK AWAY WITH THIS. ALL MEETINGS SHOULD BE OPEN AND PUBLIC EXCEPT WHEN THE BROWN ACT AUTHORIZES OTHERWISE. SO REMEMBER I'M GOING TO WALK INTO I'M GOING TO WALK YOU THROUGH WHAT'S CONSIDERED A MEETING WITHIN THE BROWN ACT. AND THEN ALSO WHEN SHOULD THAT BE OPEN IN PUBLIC? SO I WANTED I WANTED TO TALK A LITTLE BIT ABOUT THE MUNICIPAL CODE AND THE MUNICIPAL CODE CHAPTER THAT APPLIES TO YOU AS THE PLANNING COMMISSION. I THINK IT'S VERY IMPORTANT FOR YOU GUYS, ESPECIALLY THE TWO NEW MEMBERS. I THINK IT'S THREE NEW MEMBERS WITH THE ALTERNATE COMMISSIONER TO UNDERSTAND THIS CHAPTER. SO IT'S FIVE REGULAR MEMBERS AND ONE ALTERNATE MEMBER THAT YOUR TERM IS FOR FOUR YEARS, A QUORUM OF A QUORUM OF THE PLANNING COMMISSION IS THREE MEMBERS. THERE ARE SOME TIMES WHERE SPECIFIC STATE LAW REQUIRES THERE TO BE A HIGHER VOTE. WHENEVER THAT HAPPENS, WE'LL WORK WITH STAFF AND MAKE SURE THAT WE HAVE PRETTY MUCH THE FIVE MEMBERS HERE IN ORDER TO PASS SOME OF THOSE, THOSE THOSE DECISIONS. ALSO, THE ALTERNATE COMMISSIONER IS A NON-VOTING NONPARTICIPATING MEMBER UNLESS A REGULAR MEMBER IS ABSENT. SO WHENEVER THE ALTERNATE COMMISSIONER IS HERE, HE'LL SIT SOMETIMES NEXT TO ME, SOMETIMES IN THE PUBLIC. BUT WHENEVER SOMEBODY IS NOT HERE, THEN THEY HAVE THE FULL POWERS OF A REGULAR PLANNING COMMISSIONER. SO WHAT IS THE MEANING AND WHEN IS A MEETING NOT A MEETING? SO A MEETING IS WHENEVER THERE'S A QUORUM OF PLANNING COMMISSION. SO REMEMBER WHAT'S A QUORUM. THREE OF YOU. SO WHENEVER THERE'S THREE OF YOU TOGETHER, THAT DOESN'T AUTOMATICALLY BECOME A MEETING. IT BECOMES A MEETING. WHEN YOU START DISCUSSING ANYTHING THAT'S WITHIN YOUR JURISDICTION. SO IF THE THREE OF YOU ARE REALLY GOOD FRIENDS AND YOU GUYS ALL WANT TO GO GOLF TOGETHER AND GRAB A COUPLE OF BEERS TOGETHER, COMPLETELY FINE. ONCE THAT MEETING BECOMES A MEETING AND YOU'RE IN VIOLATION OF THE BROWN ACT IS, SAY, THE AGENDA IS USUALLY OUT ON A FRIDAY. YOU GUYS GET TOGETHER. A MAJORITY OF YOU GUYS A QUORUM, WHICH IS THREE. YOU GUYS GET TOGETHER AND YOU GUYS ALL DECIDE TO GO HIT THE LOCAL GOLF COURSE. AND THEN WHENEVER YOU GUYS ARE OUT THERE GOLFING, YOU START TALKING ABOUT LIKE, HEY, DID YOU SEE THAT WE HAVE THIS CONDITIONAL USE PERMIT COMING UP? I THINK THAT IT'S A GREAT IDEA. IF WE APPROVE IT, I THINK IT'LL BE A GREAT BUSINESS FOR THE DOWNTOWN DISTRICT. YOU GUYS SHOULD GET ON BOARD. SO THAT'S WHEN YOU START VIOLATING THE BROWN ACT. WHENEVER YOU START KIND OF TRYING TO GET A CONSENSUS, WHENEVER YOU START TRYING TO GET A CONSENSUS AND HAVE A TRYING TO TRYING TO GET A CONSENSUS AND GET APPROVAL FOR SOMETHING OR TRYING TO DENY SOMETHING. AND THEN THE OTHER IMPORTANT PART IS A MEETING DOESN'T HAVE TO BE PHYSICAL. SO IF YOU GUYS ARE IN A GROUP TEXT AND IT'S THREE OF YOU AND YOU GUYS ALL START TALKING ABOUT LIKE, HEY, CHECK THIS OUT. LIKE, I THINK THIS IS A BAD IDEA. LIKE, I DON'T THINK THAT THIS IS A GOOD BUSINESS FOR THE DOWNTOWN DISTRICT. I THINK THAT WE SHOULD PROBABLY HAVE THEM MOVE SOMEWHERE ELSE OR JUST DENY IT COMPLETELY. SO THAT'S ANOTHER VIOLATION. LIKE I SAID, IT DOESN'T HAVE TO BE PHYSICAL. IT COULD BE. IT COULD BE ONLINE. IT COULD BE ON SOCIAL MEDIA, IT COULD BE THROUGH TEXT, IT COULD BE THROUGH EMAIL. SO THE MEETING AND THAT QUORUM DOES NOT HAVE TO BE PHYSICAL. SO REMEMBER NO ACTION NEEDS TO BE TAKEN FOR A MEETING TO OCCUR. OCCUR CONVERSATIONS BETWEEN AND AMONG MEMBERS OF THE LEGISLATIVE BODY ABOUT ISSUES CONFRONTING THE AGENCY IS SUFFICIENT. SO WHAT'S NOT A MEETING, A MEETING, WHAT'S NOT A MEETING IS INDIVIDUAL CONTACT. SO IF TWO OF YOU CONTACT KENDRA OR GABRIEL AND ASK THEM INDIVIDUAL QUESTIONS ABOUT, HEY, WE HAVE THIS MEAT, THIS ITEM THAT'S COMING UP, I REALLY DON'T UNDERSTAND IT. CAN YOU WALK KIND OF WALK ME THROUGH IT. THAT'S COMPLETELY FINE. ANOTHER THING THAT'S NOT A MEETING IS CONFERENCES AND SEMINARS. THE PLANNING COMMISSION OR ACADEMY JUST HAPPENED A COUPLE OF WEEKS AGO. A LOT OF DIFFERENT AGENCIES WERE THERE, A LOT OF DIFFERENT CITIES WERE THERE, PLANNING COMMISSIONERS WERE THERE. SO THE BROWN ACT HAS THAT EXCEPTION WHEN IT'S A CONFERENCE. SO EVEN IF YOU ARE AT A CONFERENCE WHEN TO YOU VIOLATE THE BROWN ACT IS IF THE THREE OF YOU GET TOGETHER AND START PLANNING ON WHAT YOU WANT TO DO OR WHAT YOU WHAT 
          [00:10:01]
PROJECTS YOU WANT TO APPROVE OR NOT APPROVE, OR WHENEVER YOU START WITH, WHEN IT'S ANYTHING THAT'S WITHIN YOUR JURISDICTION. IF IT'S, LIKE I SAID, THE SUPER BOWL OR GOLFING TOGETHER OR WHATEVER IT IS, AS LONG AS IT'S NOT SOMETHING THAT'S WITHIN YOUR JURISDICTION, THEN IT'S COMPLETELY FINE. THE OTHER THING THAT'S NOT A MEETING IS COMMUNITY MEETING. SO YOU'LL BE INVITED AS A PLANNING COMMISSIONER TO A LOT OF DIFFERENT RIBBON CUTTING CEREMONIES, A LOT OF DIFFERENT COMMUNITY MEETINGS. THAT'S COMPLETELY FINE AS WELL. WHEN DOES WHEN DO YOU VIOLATE THE BROWN ACT? WHEN YOU START TALKING AMONGST YOURSELF, ANYTHING THAT'S WITHIN YOUR JURISDICTION, ANOTHER ONE IS PURELY SOCIAL OR CEREMONIAL OCCASIONS, ATTENDANCE AT STANDING COMMITTEE MEETINGS. SO IF ALL OF YOU WANTED TO DECIDE TO GO TO ONE OF THE HISTORICAL COMMISSIONS OR ONE OF THE PARKS AND RECS COMMISSION, THAT'S COMPLETELY FINE. MEETINGS WITH OTHER LEGISLATIVE BODIES. SO IF THE PLANNING COMMISSION WANTS TO MEET WITH ANOTHER PLANNING COMMISSION, THAT'S THAT'S ALSO COMPLETELY FINE. SO SERIAL MEETINGS, SERIAL MEETINGS ARE EXPRESSLY PROHIBITED. SO THERE'S TWO EXAMPLES OF WHAT WHAT SERIAL MEETINGS ARE I'M GOING TO SKIP THIS ONE. I'LL COME BACK TO THE SOCIAL MEDIA ONE. SO WHAT'S A SERIAL MEETING? A SERIAL MEETING IS A SERIES OF COMMUNICATIONS. LIKE I SAID, IT DOESN'T HAVE TO BE PHYSICAL. IT COULD BE THROUGH EMAIL. WE ALWAYS TELL STAFF TO MAKE SURE THEY BCC YOU GUYS, JUST IN CASE ONE OF YOU DOES HIT REPLY ALL AND THERE ISN'T. THERE DOESN'T BECOME THIS CHAIN OF WELL I HAVE THIS QUESTION, I HAVE THAT QUESTION. AND THEN THERE'S A BACK AND FORTH AND THEN YOU START TALKING ABOUT STUFF THAT'S ON THE AGENDA. THAT WOULD BE A VIOLATION OF THE BROWN ACT. SO THE TWO EXAMPLES THAT WE HAVE IS A CHAIN. SO THAT WOULD BE COMMISSIONER FONSECA, EMAILING COMMISSIONER MURILLO THAT EMAILS COMMISSIONER LARA. BUT THEY'RE NOT ALL ON THE SAME ONE. COMMISSIONER FONSECA EMAILS COMMISSIONER MURILLO. AND THEY KIND OF TALK ABOUT A PROJECT THAT'S COMING UP AND THEY'RE LIKE, YOU KNOW WHAT? THAT'S A GREAT IDEA. LET'S GET A THIRD VOTE. AND THEN THEY EMAIL COMMISSIONER LARA. SO THAT'S KIND OF THE CHAIN, RIGHT. SO LIKE I SAID, IT DOESN'T HAVE TO BE ALL THREE OF YOU ON THE SAME GROUP TEXT. IT COULD BE A CHAIN. 
          SO IT COULD BE A TEXT MESSAGE THAT GOES TO ONE PERSON. AND THEN THAT COMMISSIONER EMAILS OR TEXTS THE NEXT PERSON, THE OTHER ONES THE HUB AND SPOKE. USUALLY WHEN THIS HAPPENS IS WHEN A COMMISSIONER EMAILS SAY KENDRA AND THE COMMISSIONER USES KENDRA AS KIND OF THEIR SOUNDING BOARD, AND HE SAYS, YOU KNOW WHAT WOULD BE A GREAT IDEA IF YOU EMAIL COMMISSIONER MURILLO AND LET HER KNOW WHAT I THINK ABOUT THE PROJECT AND THEN TRY TO TRY TO GET A CONSENSUS THAT WAY. SO, LIKE I SAID, A HUB AND SPOKE. SO USING USING STAFF IN ORDER TO GET A CONSENSUS, THAT DOES NOT MEAN THAT YOU CAN'T EMAIL STAFF FOR QUESTIONS. YOU CAN'T JUST YOU CAN EMAIL THEM QUESTIONS, YOU CAN REACH OUT TO THEM. YOU CAN REACH OUT TO ME THROUGH GABRIEL OR THROUGH THE PLANNING STAFF, ANY QUESTIONS THAT YOU GUYS HAVE. SO I DON'T WANT TO SCARE YOU. I JUST WANT TO MAKE SURE THAT YOU UNDERSTAND THAT YOU'RE NOT HERE ON YOUR OWN. BUT AT THE SAME TIME, THERE ARE SOME RESTRICTIONS. I'M GOING TO GO BACK TO THE SOCIAL MEDIA ONE, JUST BECAUSE THIS ONE'S IMPORTANT. SO THERE WAS RECENT LEGISLATION? WELL, NOT RECENT ANYMORE. IT'S BEEN SINCE LIKE 2019, 2020 WHERE THE STATE LEGISLATURE PASSED THAT. IF YOU POST SOMETHING ON YOUR SOCIAL MEDIA AND YOU GIVE IT A THUMBS UP, YOU GIVE IT LIKE A LITTLE POOP EMOJI, LIKE THAT'S ACTUAL LANGUAGE. SO THAT'S ACTUAL COMMUNICATION. SO IF COMMISSIONER FONSECA PUTS SOMETHING ON HIS FACEBOOK AND IT SAY IT'S A NEWS STORY ABOUT AN UPCOMING PROJECT, THAT'S GOING TO COME BEFORE THE PLANNING COMMISSION, AND HE SAYS, HEY, YOU KNOW WHAT? I THINK THAT THIS WOULD BE A GREAT PROJECT. AND THEN COMMISSIONER CABALLERO GIVES IT A LITTLE POOP EMOJI. 
          AND THEN COMMISSIONER LARA ALSO GIVES IT A LITTLE POOP EMOJI. YOU'RE ACTUALLY VIOLATING THE BROWN ACT BECAUSE, I MEAN, WE ALL KNOW WHAT THE LITTLE POOP ONE IS, RIGHT? IT'S KIND OF LIKE GIVING IT A THUMBS DOWN. SO THAT'S PRETTY MUCH A VIOLATION OF THE BROWN ACT. WHY? BECAUSE THERE'S A THERE'S A THERE'S A THERE'S A QUORUM OF THE THREE OF YOU. AND THEN THERE'S ALSO TRYING TO BUILD SOME SORT OF CONSENSUS WITHIN AMONGST YOURSELVES OF GIVING THE PUBLIC OF TRYING TO KIND OF BUILD SOME SORT OF CONSENSUS OR LETTING PEOPLE KNOW YOUR DECISION BEFOREHAND. SO THIS ISN'T ON THIS BROWN ACT TRAINING, BUT I DO WANT TO REMIND YOU GUYS THAT YOUR BODY ACTS IN TWO DIFFERENT HATS. SO ONE, YOU GUYS ACT LEGISLATIVELY, AND THAT'S WHENEVER YOU UPDATE THE MUNICIPAL CODE OR YOU HAVE ANY ACTION LIKE THAT THE OTHER WAY, YOUR OTHER CAPACITY IN WHICH YOU ACT IS IN A QUASI JUDICIAL MATTER. AND THEN THAT'S PRETTY MUCH YOU, THE PLANNING COMMISSION, ACTING AS JUDGES. SO YOU'RE PRETTY MUCH ASKED TO GIVE 
          [00:15:05]
SOMEBODY A CONDITIONAL USE PERMIT OR GIVE GIVE SPECIFIC PROPERTY A SPECIFIC. RIGHT. SO WHEN YOU DO THAT, YOU HAVE TO MAKE SURE THAT YOU ACT UNBIASED. THAT MEANS THAT YOU CANNOT YOU CANNOT SIT UP THERE AND SAY, YOU KNOW WHAT, I HAVEN'T LIKED THIS PROJECT FOR YEARS, SO I'M GOING TO VOTE NO. BEFORE YOU EVEN ANALYZE THE DOCUMENTS AND THE INFORMATION THAT THE PLANNING STAFF IS GIVING YOU. SO REMEMBER, WHEN YOU GO TO COURT OR WHENEVER YOU SEE A JUDGE, THEY ACT JUDICIALLY, RIGHT? THEY SAY THEY HAVE TO ACT UNBIASED. SO WHENEVER YOU ACT IN THAT CAPACITY, MOST OF THE TIME IT'S WHENEVER THERE'S A PUBLIC HEARING, YOU ALSO HAVE TO ACT ON BIAS, AND YOU HAVE TO MAKE YOUR DECISION BASED ON THE INFORMATION THAT'S BEING GIVEN, GIVEN TO YOU AT THIS SAME AT THAT SAME TIME, WHEN YOU'RE ACTING IN A QUASI JUDICIAL MANNER, YOU HAVE TO DISCLOSE ANY EX PARTE COMMUNICATIONS THAT YOU'VE HAD. SO SAY THAT YOU MET WITH THE APPLICANT, THE APPLICANT, AND YOU GOT COFFEE TOGETHER BEFORE YOU EVEN PARTICIPATE IN THAT DECISION, OR RIGHT AFTER THE RIGHT AFTER THAT ITEM COMES BEFORE YOU, YOU NEED TO DISCLOSE THAT YOU HAD A CONVERSATION WITH THE APPLICANT, AND YOU NEED TO DISCLOSE EXACTLY WHAT IT IS THAT YOU SPOKE ABOUT. IF YOU VISITED THE SITE BEFORE THE MEETING, YOU ALSO NEED TO DISCLOSE THAT. SO YOU NEED TO MAKE SURE YOU DISCLOSE THAT. HEY, I WENT TO THIS PROPERTY, I VISITED, I WALKED AROUND IT AND ANY THOUGHTS OR ANYTHING THAT YOU HAD, JUST BECAUSE YOU HAVE TO MAKE SURE THAT YOU'RE PROVIDING THE APPLICANT WITH AN UNBIASED DECISION. 
          WE TALKED ABOUT EMAIL TIPS ALREADY, SO REFRAIN FROM REPLYING ALL TO ANY EMAILS. LIKE I SAID, DON'T TAKE ANY POSITION OR MAKE ANY COMMITMENTS. THE LAST THING THAT WE WOULD WANT TO DO IS TO HAVE YOU RECUSE YOURSELF FROM PARTICIPATING IN ANY DECISION, BECAUSE YOU'VE BEEN HIGHLY VOCAL ON SOCIAL MEDIA, AND THEN THE APPLICANT GETS AHOLD OF THAT AND SAYS, YOU KNOW WHAT? I WANT THIS COMMISSIONER NOT TO PARTICIPATE BECAUSE THEY'VE ALREADY MADE UP THEIR MIND. RULES GOVERNING MEETINGS. SO THERE'S DIFFERENT TYPES OF MEETINGS. BUT AS A PLANNING COMMISSION, YOU REALLY WON'T MEET IN CLOSED SESSION. THERE'S NOTHING THERE'S NO EXCEPTION THAT WOULD REQUIRE YOU TO MEET IN CLOSED SESSION. AND ALSO YOU'RE NOT MAKING ANY REAL ESTATE OR ANY PERSONNEL DECISIONS THAT WOULD GIVE YOU THAT CAPACITY TO MEET IN CLOSED SESSION. I ALSO WANT TO TALK ABOUT THE PUBLIC'S RIGHT TO COMMENT, WHICH IS REALLY IMPORTANT, ESPECIALLY WHEN IT COMES TO THE PLANNING COMMISSION. AND I KNOW THAT WE'VE HAD THIS IN THE PAST WHERE WE'VE HAD SOME AUDIENCE MEMBERS TRY TO PARTICIPATE FROM THEIR SEAT. SO IT'S VERY IMPORTANT TO KNOW WHAT THE LIMITATIONS ARE WHEN IT COMES TO THE PUBLIC'S RIGHT TO COMMENT. LIKE I SAID BEFORE, THE BROWN ACT PROVIDES FOR THERE AN OPPORTUNITY FOR THE AUDIENCE TO PARTICIPATE. BUT IT'S IT. THEY HAVE A BIG LIMITATION, THE BIG CAPACITY TO BE ABLE TO PARTICIPATE IN PUBLIC COMMENT. BUT THERE'S ALSO LIMITATIONS TO WHEN WE CAN STOP THEM FROM PARTICIPATING IN PUBLIC COMMENT. SO FOR A MEETING, A REGULAR MEETING, THE AGENDA IS ALWAYS POSTED 72 HOURS PRIOR TO THE MEETING. IT MUST INCLUDE THE TIME AND LOCATION OF THE MEETING, AND MUST CONTAIN A BRIEF GENERAL DESCRIPTION OF EACH ITEM THAT'S TO BE DISCUSSED. AND ALSO THIS IS MORE FOR STAFF. THERE HAS TO BE SOME ALTERNATIVE ADA FORMATS IN ORDER FOR THE PUBLIC TO PARTICIPATE. SO WHENEVER WHENEVER THERE IS PUBLIC COMMENT AND THE PERSON THAT IS SPEAKING DOES NOT KNOW ENGLISH OR THEY DO NOT, OR THEY WANT TO SPEAK IN THEIR NATIVE LANGUAGE, THEY'RE ALLOWED DOUBLE THE TIME. SO IF SOMEBODY FROM THE PUBLIC COMES UP AND THEY WANT TO SPEAK ABOUT AN ITEM, BUT THEY DO NOT, THEY CANNOT SPEAK ENGLISH OR OR OR DO NOT HAVE A BOARD, CANNOT SPEAK ENGLISH. THEY'RE ALLOWED. THEY'RE ALLOWED DOUBLE THE TIME. SO IF, FOR EXAMPLE, IF IT'S THREE MINUTES FOR A PUBLIC COMMENT, THEY'RE ACTUALLY ALLOWED SIX MINUTES BECAUSE THE THREE MINUTES WOULD BE THEM THEM SPEAKING. AND THEN THE OTHER ADDITIONAL THREE MINUTES WOULD BE FOR THEIR TRANSLATOR IN ORDER TO TRANSLATE WHAT THEY'RE SAYING. SO THE PUBLIC'S RIGHT TO COMMENT. SO THE PUBLIC HAS A RIGHT TO COMMENT. IF YOU IF YOU SAW THE AGENDA FOR THIS MEETING, THERE'S A SECTION AT THE BEGINNING WHERE IT'S PUBLIC COMMENT. SO THAT PROVIDES THE PUBLIC I BELIEVE IT'S THREE MINUTES TO COMMENT BEFORE YOU AND SPEAK ABOUT ANYTHING THAT'S WITHIN YOUR JURISDICTION SO THEY CAN COME UP HERE AND SPEAK WITHIN, WITHIN 
          [00:20:03]
THOSE THREE MINUTES ABOUT ANYTHING THAT'S WITHIN YOUR JURISDICTION. SOMETIMES IT'S KIND OF HARD TO UNDERSTAND, LIKE WHEN SOMEBODY'S GOING TO KIND OF TRANSLATE IT BACK TO SOMETHING THAT'S WITHIN YOUR JURISDICTION. I'VE BEEN AT MEETINGS WHERE THEY START TALKING ABOUT ONE THING AND I'M LIKE, I, I REALLY DON'T KNOW WHERE THIS IS GOING. BUT THEN TOWARDS THE END, THEY'LL BRING IT BACK. SO MY, MY KIND OF ADVICE IS IT'S ONLY THREE MINUTES. IT'S FINE IF THEY WANT TO COME UP HERE AND SPEAK ABOUT SOMETHING THAT'S NOT WITHIN YOUR JURISDICTION, AS LONG AS THEY TAKE THEIR THREE MINUTES. I JUST THINK THAT IT'S GOOD FOR THE RESIDENTS TO BE HERE AND SPEAK. 
          SO. AND THEN THERE'S ANOTHER PORTION WHERE THEY CAN ALSO SPEAK. SO IF YOU SEE YOUR AGENDA, THERE'S THE PUBLIC COMMENT WHICH IS ON TOP. AND THEN ON THE BOTTOM, THERE'S ACTUALLY A PUBLIC HEARING. SO IF SOMEBODY COMES TO THE MEETING AND THEY SPEAK ABOUT SOMETHING THAT'S GENERALLY ON THE AGENDA OR GENERALLY WITHIN YOUR JURISDICTION, THEN THEY CAN COME BACK UP AND SPEAK ON THOSE SPECIFIC PUBLIC HEARING ITEMS. SO THOSE PUBLIC HEARING ITEMS IS WHEN YOU'RE ACTING IN A QUASI JUDICIAL MANNER, AND THEN THE PUBLIC IS AFFORDED ANOTHER OPPORTUNITY TO COME AND SPEAK SPECIFICALLY ABOUT THAT ITEM. SO THAT'S NOT A TIME FOR THEM TO COME AND SPEAK ABOUT ANYTHING THAT'S WITHIN YOUR JURISDICTION. THAT'S A TIME FOR THEM TO COME AND SPEAK ABOUT. WHAT'S THAT SPECIFIC ITEM? THE OTHER THING ABOUT PUBLIC COMMENT IS THERE IS AN OPPORTUNITY THERE. WELL, EVERYBODY'S PROVIDED AN OPPORTUNITY TO SPEAK RIGHT WITHIN THOSE THREE MINUTES. SO THIS FORUM IS CONSIDERED A LIMITED PUBLIC FORUM. AND THAT MEANS THAT LIKE A COURT, YOU CAN WELL COURT, YOU CAN GO AND SPEAK. RIGHT. BUT HERE YOU'RE AFFORDED A RIGHT TO SPEAK. SO HERE YOU CAN COME AND SPEAK YOUR THREE MINUTES. BUT YOU GOT TO REMEMBER THAT YOU GUYS ARE CONDUCTING THE PEOPLE'S BUSINESS. SO ANYTHING THAT INTERRUPTS YOU CONDUCTING THE PEOPLE'S BUSINESS, THEN THAT'S WHEN WE WHEN THE CHAIR HAS THE RIGHT TO WARN THE PERSON THAT THEY'RE SPEAKING OUT OF TURN. ONE OF THE EXAMPLES I DO REMEMBER FROM HERE, SPECIFICALLY AT COACHELLA PLANNING COMMISSION MEETING, WAS THE APPLICANT WAS UP HERE SPEAKING, AND HIS ATTORNEY OR ONE OF HIS ASSISTANTS WAS KIND OF SITTING IN THE BACK AND KIND OF SHOUTING BACK AND FORTH WITH LIKE THE PLANNING COMMISSION. SO THAT TO ME IS ONE OF MY BIGGEST PET PEEVES. SO WHENEVER SOMEBODY COMES UP HERE AND SPEAKS, THE BEST THING TO DO IS LET THEM SPEAK THEIR THREE MINUTES. AND IF YOU HAVE ANY FOLLOW UP QUESTIONS OR ANYTHING LIKE THAT, DIRECT IT TO STAFF. LET STAFF KNOW, HEY, I HAVE THIS QUESTION OR OR MOST OF THE TIME IF THEY COME UP HERE, IT'S LIKE, HEY, LIKE I HAVE THIS, THIS PROBLEM THAT'S GOING ON AND I'M JUST HERE TO LIKE, SEE IF YOU GUYS CAN HELP ME OUT. DON'T ENGAGE IN A BACK AND FORTH, BECAUSE THAT'S HOW YOU CAN LEAD TO A VIOLATION OF THE BROWN ACT. YOU CAN START TALKING ABOUT STUFF THAT ISN'T ON THE AGENDA, AND THAT'S THE LAST THING THAT WE WANT. THE LAST THING THAT I WOULD WANT IS FOR THE COACHELLA PLANNING COMMISSION MEETING TO END UP IN THE NEWSPAPER, BECAUSE THEN THAT MEANS I'M NOT DOING MY JOB CORRECTLY. AND THAT'S EMBARRASSING, BECAUSE THEN EVERYBODY AT THE FIRM IS GOING TO BE LIKE, WHO'S WHO'S THE ATTORNEY THAT COVERS THAT MEETING? AND THEY'RE GOING TO BE LIKE, IT'S HENRY, AND THEN I'M GOING TO HAVE TO BLAME DANIEL FOR NOT BEING HERE. YEAH, BUT SO WHENEVER SOMEBODY COMES UP HERE AND THEY SPEAK TO YOU ABOUT ANYTHING, THEY HAVE SOME SORT OF PROBLEM OR SOME SORT OF ISSUE, THE BEST THING TO DO IS THE CHAIR HAVE THE CHAIR DIRECTED TO STAFF AND ASK THEM LIKE, HEY, DO YOU KNOW WHAT'S GOING ON WITH THAT PROJECT? DO YOU KNOW WHY THAT HASN'T BEEN ADDRESSED? AND LET AND LET STAFF HANDLE THAT? THE OTHER THING THAT I, THAT, THAT I DON'T LIKE IS WHENEVER THERE'S AN APPLICANT OR ANYBODY THAT'S UP HERE AND THERE STARTS BEING A DISCUSSION OF GOING BACK AND FORTH, THAT'S ALSO A BIG NO NO, JUST BECAUSE THAT'S GOING TO LEAD TO SOME SORT OF SOMETHING THAT'S NOT THE AGENDA OR SOME DISCUSSION THAT'S NOT ON THE AGENDA. AND THEN THE APPLICANT OR SOMEONE FROM THE AUDIENCE IS GOING TO BELIEVE THAT IT'S OKAY FOR THEM TO JUST START SHOUTING OUT ANSWERS TO YOU GUYS OR QUESTIONS TO THE PLANNING COMMISSION. AND THAT'S NOT THAT'S, THAT'S THAT'S A BIG NO NO AS WELL. SO JUST REMEMBER, IF YOU DO HAVE A QUESTION OR IF YOU WOULD LIKE TO SPEAK TO THE APPLICANT, AGAIN, YOU'RE MORE THAN FREE TO ASK THE CHAIR TO ASK TO INVITE THAT PERSON BACK UP. AND THEN YOU CAN YOU CAN ASK THEM A COUPLE OF QUESTIONS AND HAVE SOME SORT OF NOT HAVE A DISCUSSION, BUT HAVE THEM ANSWER YOUR QUESTIONS. IF THERE'S ANYTHING THAT THAT'S GOING TO BE A LITTLE BIT FURTHER OF A DISCUSSION, THAT'S WHEN YOU CAN ASK STAFF TO CONTINUE THE ITEM IN ORDER TO SPEAK TO STAFF MORE ABOUT THE ITEM, OR UNDERSTAND THAT THAT SPECIFIC ITEM A LITTLE BIT MORE. THE OTHER THING ABOUT WILLFUL INTERRUPTIONS THAT I DO 
          [00:25:01]
WANT TO TALK ABOUT IS IF SOMEBODY COMES UP HERE AND SPEAKS ABOUT SOMETHING THAT THEY DO NOT LIKE, HOW STAFF IS DOING THEIR JOB, THAT'S COMPLETELY FINE. THERE HAS TO BE SOME SORT OF DISRUPTION IN ORDER FOR THE CHAIR TO STOP THE MEETING. IF IT'S SOMETHING THAT'S GOING ON AND ON AND THEY PASS THEIR THREE MINUTES OR THEY'RE BEING DISRUPTIVE, THE CHAIR CAN ASK THEM OR WARN THEM THAT THEY ARE ACTUALLY DISRUPTING THE MEETING. AND THEN AFTER THAT MEETING, THEN THEY CAN ACTUALLY HAVE THAT PERSON REMOVED FROM THE MEETING. MY BEST, THE BEST COURSE OF ACTION IS ALWAYS TO TAKE A QUICK RECESS, BECAUSE I THINK MOST OF THE PEOPLE, WHEN THEY COME UP HERE AND THEY JUST TALK AND TALK AND TALK, WHAT THEY DO WANT IS ATTENTION. SO A QUICK RECESS. 
          THE PLANNING COMMISSIONERS AND STAFF CAN GO TO THE BACK, AND THEN MOST OF THE TIME THE PERSON WILL REMOVE THEMSELVES. PUBLIC RECORDING THEIR MEETINGS. THIS IS PERFECTLY LEGAL. SO THE CITY RECORDS THE MEETINGS. A PUBLIC MEMBER COMES UP HERE AND THEY WANT TO RECORD THE MEETING. 
          THAT'S COMPLETELY FINE AS LONG AS THEY'RE SITTING AND AGAIN, NOT DISRUPTING THE MEETING. IF IT'S A PERSON AND THEY'RE LIKE WALKING AROUND AND LIKE FILMING EVERYONE AND KIND OF LIKE, LIKE I THINK ANYTHING PAST THIS PODIUM OF THEM RECORDING AND STUFF, I WOULD SAY IT'S A WILLFUL, WILLFUL DISRUPTION OF THE MEETING. AND THEN AGAIN, WE CAN ASK THEM TO PLEASE HAVE A SEAT, OR THE CHAIR CAN LET THEM KNOW THAT AGAIN, WARN THEM THAT THEIR THAT THEIR ACTIONS ARE ACTUALLY DISRUPTING THE MEETING. AND THEN AFTER THAT HAVE THAT PERSON REMOVED. WE ALREADY TALKED ABOUT THIS. SO BRIEF RESPONSES TO STATEMENTS OR QUESTIONS FROM THE PUBLIC, QUESTIONS TO STAFF FOR CLARIFICATION OF MATTERS BASED UPON PUBLIC COMMENTS, BRIEF ANNOUNCEMENTS OR REPORTS ON MEMBERS OR STAFF'S OWN ACTIVITIES. ALL OF THIS IS ALREADY PROVIDED FOR IN THE AGENDA. LIKE I SAID, IF YOU DO HAVE IF SOMEBODY COMES UP HERE DURING PUBLIC COMMENT AND SAYS SOMETHING AND YOU'RE CURIOUS ABOUT, LIKE FINDING OUT A LITTLE BIT MORE, WHAT I WOULD SAY IS DIRECT YOUR QUESTION TO STAFF AND LET THEM KNOW, HEY, CAN YOU FIND OUT WHAT'S GOING ON WITH THAT PROJECT? OR CAN YOU SPECIFICALLY FIND OUT WHY X, Y, AND Z? AND CAN YOU BRING THAT BACK TO THE NEXT MEETING? SO THAT WAS NICE AND QUICK AND SWEET. DO YOU GUYS HAVE ANY QUESTIONS? I KNOW THAT WE HAVE NEW COMMISSIONERS AND I DID. I WANTED TO MAKE SURE NOT TO BORE YOU GUYS. I DON'T HAVE A COMMENT. NO, I HAVE A QUESTION, HENRY. SO I'M HEAVY ON SOCIAL MEDIA AND IT'S DUE TO MY WORK. I'M A SOCIAL. I'M I'M A REAL ESTATE AGENT, AND I LIKE TO SHOW GEMS OF THE COACHELLA VALLEY THINGS THAT ARE COMING, YOU KNOW, TO THE VALLEY. SO I'M A LITTLE CONCERNED WHETHER OR NOT WHAT I DO ON SOCIAL MEDIA WILL AFFECT THE BROWN ACT. YEAH. SO IF IT'S A PROJECT THAT, YOU KNOW, IT'S GOING TO COME, I LIKE IN FRONT OF THE PLANNING COMMISSION. SO SAY IT'S SOME SORT OF DEVELOPMENT. WELL, MOST OF THE TIMES, BY THE TIME THAT THEY'RE ALREADY BUILDING OR MOVING DIRT AROUND LIKE IT'S ALREADY BEEN APPROVED BY THE PLANNING COMMISSION. WHAT I WOULD SAY IS, IF YOU KNOW THAT IT'S SOME SORT OF DEVELOPMENT THAT'S IN THE PIPELINE THAT HASN'T COME BEFORE THE PLANNING COMMISSION, I WOULDN'T MAKE A COMMENT BECAUSE THEN THAT'S WHEN YOU CAN. SO YOU GOT TO REMEMBER THAT YOU'RE IN THAT CAPACITY. YOU'RE GOING TO BE ACTING AS A JUDGE, RIGHT, AS A QUASI JUDICIAL MANNER. SO THE LAST THING YOU WANT TO SEEM IS THAT YOU'RE BIASED TOWARDS THAT PROJECT. SO IF IT'S A PROJECT THAT'S ALREADY BEEN APPROVED, GO AHEAD. YOU CAN PUT IT ON SOCIAL MEDIA. THAT'S COMPLETELY FINE. BUT IF IT'S A PROJECT THAT YOU KNOW, THAT'S GOING TO COME, AND I THINK THAT WHAT I WOULD ASSUME THAT IS A PROJECT THAT'S GOING TO COME BEFORE THE PLANNING COMMISSION, IT'S STILL DIRT. IT'S STILL LIKE LIKE HASN'T EVEN GOTTEN ANYTHING APPROVED. LIKE, AND YOU'RE LIKE, HEY, I HEARD THAT THERE'S GOING TO BE THIS NEW STARBUCKS THAT'S COMING AND IT'S GOING TO HAVE A DRIVE THROUGH. LIKE, I THINK THAT WE HAVE TOO MANY STARBUCKS, AND I WOULD PREFER IT TO BE A DUTCH BROTHERS COFFEE. YEAH. THAT'S WHEN YOU WOULD KIND OF BIAS YOURSELF. BUT MOST OF THE TIME WHEN THESE PROJECTS ARE COMING, THEY HAVE, I WANT TO SAY THE LAST PROJECT I REMEMBER WAS THAT THEY WERE IN TALKS WITH STARBUCKS, SO IT WASN'T EVEN STARBUCKS WAS ALREADY SECURED FOR THAT LOCATION, LIKE THEY WERE ALREADY HAVING TALKS, BUT IT WAS IT WAS STILL LIKE A DIRT LOT. SO I MEAN, THAT'S WHERE I WOULD CAUTION YOU, LIKE IF IT'S STILL A DIRT LOT AND YOU KNOW, IT'S GOING TO COME IN FRONT OF THE PLANNING COMMISSION, THAT'S WHEN YOU WOULD KIND OF WANT TO REFRAME. BUT IF IT'S SOMETHING LIKE, HEY, YOU'RE HIGHLIGHTING 
          [00:30:03]
THESE HOMES THAT ARE GOING UP, THEY'VE ALREADY BEEN APPROVED. I MEAN, THAT'S COMPLETELY FINE. 
          LIKE THEY'VE ALREADY BEEN APPROVED. THAT'S ALREADY BEEN THROUGH THE PLANNING COMMISSION. 
          I DON'T I DON'T SEE A PROBLEM THERE. MAY I GIVE YOU THREE DIFFERENT SCENARIOS AND YOU KIND OF JUST. YEAH. THERE'S BEEN MANY, MANY YEARS WHERE THEY'VE TALKED ABOUT THE RAILROAD COMING THROUGH TO THE CITY OF COACHELLA HASN'T HAPPENED. BUT IT'S SOMETHING THAT'S RIGHT. TALKED ABOUT. I WANT TO STRAY AWAY FROM TALKING ABOUT SOMETHING LIKE THAT. RIGHT. YEAH. BECAUSE I THINK THAT WAS WELL, I THERE WAS NO DECISION, BUT THERE WAS A STUDY SESSION ON IT LAST PLANNING COMMISSION MEETING AND. YEAH. CORRECT. SO YOU DON'T WANT TO BE TOO BIASED WHEN IT COMES TO THOSE TYPE OF THINGS. NOW, THE CITY OF COACHELLA HAS ALSO TALKED ABOUT PUTTING A 20% RESTRICTION ON AIRBNBS IN CERTAIN ALL NEIGHBORHOODS. RIGHT. IS THAT SOMETHING THAT I WANT TO STAY AWAY FROM TALKING ABOUT? YEAH. SO THAT'S SOMETHING THAT MIGHT COME IN FRONT OF THE PLANNING COMMISSION. SO THAT IS SOMETHING THAT I WOULD STAY AWAY FROM. YEAH. SO ANYTHING THAT YOU THINK WILL COME IN FRONT OF THE PLANNING COMMISSION AND WE CAN HAVE DISCUSSION LATER, MAYBE IT'LL BE GOOD FOR ME, YOU AND GABRIEL OR KENDRA TO HAVE A DISCUSSION. OKAY. AND THEN WE CAN TALK A LITTLE BIT MORE ABOUT THAT. BUT LIKE I SAID, THE REASON THAT YOU GUYS WERE PICKED BY YOUR CITY COUNCIL MEMBERS IS BECAUSE YOU'RE ACTIVE IN THE COMMUNITY. RIGHT? AND THEN THAT'S THE LAST THING THAT WE WOULD WANT IS TO KIND OF RESTRAIN YOU FROM BEING AN ACTIVE COMMUNITY MEMBER AND FROM YOU BEING OUT THERE AT DIFFERENT COMMUNITY MEETINGS. SO YEAH. MORE QUESTIONS? NO, SIR. LOOK AT THAT. SO I CAME ON TIME BECAUSE WE FINISHED ON TIME. ALL RIGHT. THANK YOU. THANK YOU FOR YOUR TIME. THANK YOU. HENRY. OKAY. SO PROCEEDS, DO WE CLOSE THE STUDY SESSION? DO WE CLOSE IT? HENRY? YEAH,
* This transcript was compiled from uncorrected Closed Captioning.