[Captioner] 19:05:16
ORDER.
I'D LIKE TO ASK COUNCILMEMBER SHAO TO
LEAD US IN THE PLEDGE.


[Captioner] 19:05:28
 >> I PLEDGE ALLEGIANCE TO THE FLAG OF
THE UNITED STATES OF AMERICA AND TO THE REPUBLIC 


[Captioner] 19:05:32
FOR WHICH IT STANDS ONE NATION UNDER GOD, INDIVISIBLE,

[Captioner] 19:05:35
 
WITH LIBERTY AND JUSTICE FOR ALL.

[Captioner] 19:05:48

>> Mayor Mei: ROLL CALL, PLEASE.


[Captioner] 19:05:53
>> Ms. Gauthier: COUNCILMEMBER COX,
HERE.


[Captioner] 19:05:57
COUNCILMEMBER SALWAN, PRESENT.
COUNCILMEMBER SHAO,

[Captioner] 19:06:00
 PRESENT.
COUNCILMEMBER KASSAN, HERE.


[Captioner] 19:06:04
COUNCILMEMBER CAMPBELL, HERE.
VICE MAYOR KENG, HERE.


[Captioner] 19:06:07
MAYOR MEI, HERE.


[Captioner] 19:06:11
>> Mayor Mei: I'D LIKE TO SHARE AT
THERE TIME THERE ARE VACANCIES ON OUR
BOARDS AND

[Captioner] 19:06:15
 COMMISSIONS, AND THROUGHOUT
THE YEAR THE CITY

[Captioner] 19:06:16
 CLERK'S OFFICE ACCEPTS
APPLICATIONS FOR BOARDS AND
COMMISSIONS.


[Captioner] 19:06:20
IF YOU'D LIKE TO LEARN MORE ABOUT THE
POSITIONS OPEN, PLEASE GO TO OUR

[Captioner] 19:06:22

FREMONT.GOV WEBSITE AND LOOK UNDER THE


[Captioner] 19:06:26
PAGE BOARDS, COMMISSIONS AND COMMITTEES,
AND IF YOU ARE INTERESTED, YOU CAN

[Captioner] 19:06:29
 ALSO
CONTACT THE CITY CLERK'S OFFICE

[Captioner] 19:06:32
 AT
510-284-4060.
FOR MEMBERS OF

[Captioner] 19:06:35
 THE PUBLIC WHO ARE
JOINING THIS EVENING BY ZOOM, PLEASE
FEEL

[Captioner] 19:06:38
 FREE TO PRESS THE RAISE HAND ICON
OR IF CALLING

[Captioner] 19:06:42
 IN, BY DIALING STAR NINE
IF YOU'D LIKE TO MAKE A COMMENT

[Captioner] 19:06:45
 ON AN
AGENDA ITEM.
I'LL MAKE AN

[Captioner] 19:06:48
 ANNOUNCEMENT BEFORE EACH
SECTION AND IF NOT NOTED ON THE ZOOM

[Captioner] 19:06:49

SCREEN, PLEASE KINDLY STATE YOUR NAME.


[Captioner] 19:06:52
IF SPEAKING ON BEHALF OF AN
ORGANIZATION, PLEASE STATE THE NAME OF


[Captioner] 19:06:56
THE ORGANIZATION YOU ARE REPRESENTING.
EMAILS ARE ALSO SUBMITTED TO THE CITY

[Captioner] 19:06:59

CLERK'S OFFICE.
AND THEY ARE COMPILED AND CONTRIBUTED 

[Captioner] 19:07:01
TO
THE CITY COUNCIL, STAFF AND PUBLISHED IN


[Captioner] 19:07:04
THE CITY'S AGENDA CENTER ON FREMONT.GOV
AND

[Captioner] 19:07:07
 CONSIDERED PART OF THE PUBLIC RECORD
AND WILL BE PLACED ON

[Captioner] 19:07:09
 FILE.
I'D LIKE TO ANNOUNCE THIS MEETING WILL


[Captioner] 19:07:12
GO UP TO 11:30 P.M. THIS EVENING IF
NEEDED, AND WE WILL ALLOWL

[Captioner] 19:07:15
 FOR 30
MINUTES OF GENERAL PUBLIC COMMENT IN THE


[Captioner] 19:07:18
BEGINNING AND IF THERE ARE ADDITIONAL
SPEAKERS FOR ORAL COMMUNICATIONS AFTER

[Captioner] 19:07:20

THE INITIAL 30 MINUTES, WE WILL TAKE THE


[Captioner] 19:07:24
ADDITIONAL SPEAKERS AT THE END OF THE
MEETING IF TIME PERMITS.
I WILL NOW TURN THE MEETING

[Captioner] 19:07:27
 OVER TO OUR
CITY MANAGER, KARENA SHACKELFORD, TO
MAKE ANY

[Captioner] 19:07:30
 ANNOUNCEMENTS AND TO INTRODUCE
HER STAFF AT THIS TIME

[Captioner] 19:07:34
.
>> City Mgr. Shackelford: THANK YOU,
MADAME

[Captioner] 19:07:35
 MAYOR.
GOOD EVENING TO YOU AND MEMBERS OF THE


[Captioner] 19:07:39
COUNCIL.
THIS EVENING I'D LIKE TO INTRODUCE MY
COLLEAGUES,

[Captioner] 19:07:43
 RAFAEL ALVARADO, CITY
ATTORNEY.
SUSAN GAUTHIER, CITY

[Captioner] 19:07:46
 CLERK.
AND ALBERTO QUINTANILLA, ASSISTANT

[Captioner] 19:07:49
 CITY
CLERK.
I DON'T HAVE ANY ANNOUNCEMENTS THIS

[Captioner] 19:07:50

EVENING.
THANK YOU.


[Captioner] 19:07:55
>> Mayor Mei: THANK YOU.
NEXT IS OUR CONSENT CALENDAR

[Captioner] 19:07:58
 ITEMS, AND
THOSE ARE ITEMS  THAT WILL BE PASSED
WITH ONE

[Captioner] 19:08:02
  COUNCIL --
>> Cty. Attny. Alvarado: THROUGH THE
MAYOR, WE HAVE A REPORT OUT OF CLOSED

[Captioner] 19:08:03

SESSION.
>> Mayor Mei: YES, THANK YOU.


[Captioner] 19:08:05
SORRY.
>> Cty. Attny. Alvarado: THANK YOU,
MAYOR.


[Captioner] 19:08:08
THIS EVENING THE CITY COUNCIL DISCUSSED
ONE ITEM AS PART OF

[Captioner] 19:08:11
 ITS CLOSED SESSION
AGENDA.
MICHAEL GEBHARDT

[Captioner] 19:08:14
 VERSUS CITY OF
FREMONT.
THE CITY COUNCIL TOOK NO REPORTABLE


[Captioner] 19:08:15
ACTION.
THANK YOU.
>> Mayor Mei: THANK YOU.


[Captioner] 19:08:22
NEXT IS THE CONSENT CALENDAR ITEMS.
THE CONSENT

[Captioner] 19:08:25
 CALENDAR ITEMS WILL PASS
WITH ONE COUNCIL

[Captioner] 19:08:28
 VOTE AND RECOMMENDATION
WILL STAND.
MEMBERS OF THE PUBLIC WHO WISH TO 

[Captioner] 19:08:30
SPEAK
ON THE CONSENT CALENDAR ITEM MAY DO SO


[Captioner] 19:08:34
BY PRESSING THE RAISE HAND ICON OR BY
DIALING STAR NINE.
DOES THE CITY

[Captioner] 19:08:37
 CLERK SEE ANY MEMBERS OF
THE PUBLIC WHO WISH TO REMOVE AN ITEM

[Captioner] 19:08:40
 OR
PERHAPS YOU'VE RECEIVED A CARD FROM THE


[Captioner] 19:08:44
AUDIENCE?
>> Ms. Gauthier: THERE ARE NO HANDS
RAISED

[Captioner] 19:08:47
 ON ZOOM, AND I DO NOT HAVE
SPEAKER CARDS

[Captioner] 19:08:50
 FOR CONSENT ITEMS.
>> Mayor Mei: THANK YOU

[Captioner] 19:08:53
.
IS THERE A MOTION FROM THE COUNCIL TO
APPROVE THE ITEMS?


[Captioner] 19:09:01
>> SO MOVED.
>> Mayor Mei: MOVED BY COUNCILMEMBER
COX AND

[Captioner] 19:09:04
 SECONDED BY COUNCILMEMBER
SALWAN.


[Captioner] 19:09:09
PLEASE -- IS THERE ANY FURTHER
DISCUSSION?
IF NOT, PLEASE VOTE.


[Captioner] 19:09:14
USING THE BUTTONS.


[Captioner] 19:09:23
SORRY

[Captioner] 19:09:28
 --
[COUNCILMEMBER COX NOT ON

[Captioner] 19:09:30
 MIC]
>> Mayor Mei: YES, I'M SORRY, YOUR MIC


[Captioner] 19:09:33
IS MUTED.
IS IT ON?
WHEN THE LIGHT IS OFF,

[Captioner] 19:09:36
 IT MEANS IT'S
UNMUTED.
SORRY.


[Captioner] 19:09:39
>> Councilmember Salwan: MOVE CONSENT
WITH THE GREEN SHEET CHANGES.
>> Councilmember Cox: THERE

[Captioner] 19:09:42
 WAS A
CORRECTION.
>> Mayor Mei: YES, WITH THE GREEN


[Captioner] 19:09:44
SHEET CHANGES.
>> Councilmember Cox: OKAY.
THAT WAS NOTED TODAY, YEAH.


[Captioner] 19:09:48
>> Mayor Mei: OKAY.
SO IT'S MOVED --

[Captioner] 19:09:51

>> Ms. Gauthier: NO, NOT FROM YOUR
EMAIL

[Captioner] 19:09:54
 TODAY.
FROM COUNCILMEMBER KASSAN'S EMAIL.


[Captioner] 19:09:58
>> Mayor Mei: THERE WAS A GREEN SHEET
ATTACHED.
IS THAT THE ONE YOU'RE

[Captioner] 19:10:01
 ASKING ABOUT?
>> Ms. Gauthier: YES, THERE WAS A
RESPONSE TO YOUR

[Captioner] 19:10:04
 EMAIL FROM

[Captioner] 19:10:07
 MR. DEMERS
THAT THERE WOULD BE NO CORRECTION.


[Captioner] 19:10:13
BASED ON THE VIDEO

[Captioner] 19:10:16
 AND THE TRANSCRIPT OF
THE MEETING.


[Captioner] 19:10:24
[COUNCILMEMBER COX NOT ON MIC]
>> Ms. Gauthier: I CAN

[Captioner] 19:10:28
 READ THE -- I
BROUGHT THE TRANSCRIPT

[Captioner] 19:10:31
 FOR YOUR MOTION.


[Captioner] 19:10:34
 THAT YOU MENTION IN YOUR EMAIL,

[Captioner] 19:10:36

COUNCILMEMBER COX, MY SUBSTITUTE MOTION


[Captioner] 19:10:39
WAS TO ACCEPT THE HOUSING ELEMENT REPORT
AND WITH THAT ADDITIONAL

[Captioner] 19:10:43
 STATEMENT FOR
INCLUDING REPRESENTATIVES FROM THE LABOR

[Captioner] 19:10:47

UNION, I'M SORRY, LABOR

[Captioner] 19:10:50
 ORGANIZATIONS,
AND THEN COUNCILMEMBER SHAO STATES, "I

[Captioner] 19:10:55

SECOND."

[Captioner] 19:10:57

[COUNCILMEMBER COX NOT ON MIC]


[Captioner] 19:11:01
>> Ms. Gauthier: CORRECT.
>> Mayor Mei: MY APOLOGIES,
COUNCILMEMBER COX.


[Captioner] 19:11:04
YOUR MIC IS ON MUTE.


[Captioner] 19:11:08
THERE.
>> Councilmember Cox: SO I APPRECIATE
THAT.


[Captioner] 19:11:12
I JUST WANTED TO DOUBLE-CHECK.
I JUST DIDN'T HEAR THAT.
>> Ms. Gauthier:

[Captioner] 19:11:15
 I BROUGHT IT JUST IN
CASE.
>> Councilmember Cox: I APPRECIATE


[Captioner] 19:11:17
THAT.
>> Ms. Gauthier: -- YOU HADN'T SEEN
YOUR EMAIL.


[Captioner] 19:11:21
>> Councilmember Cox: THANK YOU.
>> Ms. Gauthier: YES.
>> Mayor Mei: IF

[Captioner] 19:11:23
 I CAN REPEAT IT,
YOU'RE MAKING THE MOTION WITH THE
ADDITION OF THE GREEN SHEET?


[Captioner] 19:11:27
>> Councilmember Cox: YES.
>> Mayor Mei: OKAY.
>> Councilmember Cox: AS

[Captioner] 19:11:28
 NOTED.
>> Mayor Mei: AND SECONDED BY
COUNCILMEMBER SALWAN.


[Captioner] 19:11:32
AGAIN, COUNCIL, IF YOU COULD PLEASE
VOTE.


[Captioner] 19:11:40
THE CONSENT CALENDAR PASSES
UNANIMOUSLY.


[Captioner] 19:11:44
THANK YOU.


[Captioner] 19:11:48
NEXT ON OUR CALENDAR IS PUBLIC
COMMUNICATIONS.
AND THE

[Captioner] 19:11:51
 ORAL COMMUNICATIONS IS UP TO
3 MINUTES PER SPEAKER.


[Captioner] 19:11:55
A PERSON WISHING TO SPEAK ON AN ITEM
THAT

[Captioner] 19:11:58
 IS NOT SCHEDULED ON THIS AGENDA MAY
DO SO UNDER ORAL

[Captioner] 19:12:02
 COMMUNICATIONS SECTION
OF THE PUBLIC COMMUNICATIONS.
COMMUNICATIONS RECEIVED,

[Captioner] 19:12:05
 AGAIN, VIA
EMAIL WERE PLACED ON FILE AND CONSIDERED


[Captioner] 19:12:08
PART OF THE PUBLIC RECORD.
ARE THERE ANY MEMBERS OF THE PUBLIC

[Captioner] 19:12:11

WISHING TO SPEAK RIGHT NOW ON ZOOM?


[Captioner] 19:12:14
OR ANY SPEAKER CARDS?
>> Ms. Gauthier: NOT ON ZOOM.


[Captioner] 19:12:18
IN PERSON, WE HAVE

[Captioner] 19:12:22
 KIONG YOUNG AND KEITH
PARKER.
>> Mayor Mei:

[Captioner] 19:12:25
 WELCOME.
WOULD WE LIKE TO INVITE

[Captioner] 19:12:29
 MR. KIONG YOUNG,
PLEASE?
>> Ms. Gauthier: COME UP TO THE

[Captioner] 19:12:30

LECTERN, PLEASE?
>> Mayor Mei: YES.


[Captioner] 19:12:33
THANK YOU.


[Captioner] 19:12:37
WELCOME.
>> OKAY.
SO FIRST I WOULD LIKE

[Captioner] 19:12:40
 TO CLARIFY THAT

[Captioner] 19:12:42
 I
HAVE NO -- POLICE DEPARTMENT WHEN MUCH


[Captioner] 19:12:46
SEGMENT OF OUR SOCIETY CALLS FOR DEFUND
THE POLICE I'M ON THE OTHER SIDE

[Captioner] 19:12:48
 BECAUSE
I BELIEVE POLICE PLAY AN IMPORTANT ROLE


[Captioner] 19:12:51
IN A STABLE SOCIETY.
I HAVE A CALL WITH

[Captioner] 19:12:54
 THE INTERNAL AFFAIRS
OFFICE A COUPLE HOURS AGO INFORMED

[Captioner] 19:12:57
 ME
THE FPD WILL RELEASE THE CD --

[Captioner] 19:13:00
 TO ME AND
THEY WILL HAVE INVESTIGATION ON
EXCESSIVE CHARGE.


[Captioner] 19:13:03
THE FACT THAT IT TAKES SO MUCH OF EFFORT
TO GET

[Captioner] 19:13:06
 A SIMPLE PUBLIC RECORD INDICATES
THE LEVEL OF

[Captioner] 19:13:10
 COMPETENCIES AND UNTOLD
NUMBER OF PREDATORY

[Captioner] 19:13:14
 VICTIMS GOES
UNHEARD.
BASED ON THE CONVERSATION WITH

[Captioner] 19:13:17
 OFFICER
DARROW IT APPEARS THE FPD

[Captioner] 19:13:20
 UNILATERALLY
DECIDED THERE WAS NO CRIME INVOLVED
BASED ON

[Captioner] 19:13:24
 FPD POLICY IF NO CRIME IS
INVOLVED, THEIR PROCEDURE IS NO

[Captioner] 19:13:27

INVESTIGATION.
THE CURRENT CRUX OF THE MATTER

[Captioner] 19:13:30
 THAT IS
UNRESOLVED IS WHETHER FPD HAD THE

[Captioner] 19:13:32

COMPETENCY IN UNDERSTANDING THE LAW AND


[Captioner] 19:13:35
THE LAW CASES PRECEDENCE.
OFFICER

[Captioner] 19:13:39
 DARROW INFORMING ME THAT FPD
DECIDES THAT THERE IS NO

[Captioner] 19:13:43
 MISCONDUCT OR
INCOMPETENCIES.
OBVIOUSLY IT IS THE

[Captioner] 19:13:46
 ACCUSED INVESTIGATE
AND CLEAR THE ACCUSE.


[Captioner] 19:13:50
ANALOGOUS TO STUDENTS THAT WRITE THEIR
OWN TESTS AND GRADE THEMSELVES.
I PROPOSE

[Captioner] 19:13:54
 THAT I WILL COMPOSE EVIDENCE
FROM A

[Captioner] 19:13:57
 COUPLE OF VICTIMS AND DRAFT AN
ELEMENT OF CRIME AND SHOW THE INTENTION

[Captioner] 19:14:00

OF PREDATORY

[Captioner] 19:14:03
 TOWING COMPANY TO
COMMIT THE CRIME.
I URGE THE COUNCILMEMBERS TO CONSULT 

[Captioner] 19:14:05
THE
PEOPLE WITH COMPETENCE IN CRIMINAL LAW


[Captioner] 19:14:07
SUCH AS D.A., JUDGES OR CRIMINAL DEFENSE
ATTORNEYS.


[Captioner] 19:14:11
IF THE COUPLE OF THESE COMPETENT
CRIMINAL

[Captioner] 19:14:14
 LAWS EXPERTS CONCLUDE MY POINT
OF VIEW THEN THE QUESTION OF

[Captioner] 19:14:18
 FPD
COMPETENCY IN THIS CASE REVEAL

[Captioner] 19:14:20

AUTOMATICALLY, ALONG WITH ALLEGATION IN


[Captioner] 19:14:24
MY COMPLAINT WILL BE SUBSTANTIATED.
I'M CONFIDENT BECAUSE

[Captioner] 19:14:27
 I HAVE -- WITH THE
D.A. OFFICE, THEY JUST

[Captioner] 19:14:30
 NEED MORE
EVIDENCE TO PROVE INTENT.
ENSURING

[Captioner] 19:14:33
 COMPETENCIES OF POLICE
DEPARTMENT IS CRUCIAL, OTHERWISE
INCIDENCE

[Captioner] 19:14:37
 OF INCOMPETENCIES

[Captioner] 19:14:39
 OF -- POLICE
DEPARTMENT SCHOOL SHOOTING WILL REPEAT


[Captioner] 19:14:42
ITSELF IN FREMONT IF SUCH INCIDENT TO
OCCUR.
IT IS THE SAME WAY THAT

[Captioner] 19:14:45
 IF ANY MEMBER OF
THE COUNCIL IS ON THE OPERATING

[Captioner] 19:14:49
 TABLE, I
BELIEVE YOU WILL WANT

[Captioner] 19:14:52
 A COMPETENT
SURGEON.
THEREFORE, I

[Captioner] 19:14:55
 ONLY EXPECT COMPETENT FPD
TO ENFORCE THE

[Captioner] 19:14:58
 LAW THAT IS ALREADY ON
THE BOOK.
I DON'T WANT LAW

[Captioner] 19:15:02
 ENFORCEMENT TO STAND
IDLE IN THE

[Captioner] 19:15:05
 HALLWAY WHILE

[Captioner] 19:15:08
 THEY SHOOT
CHILDREN IN LOCKED CLASSROOM.
I HOPE THAT IT

[Captioner] 19:15:10
 WILL GET COVERED IN THE
NEAR FUTURE.
THANK YOU.


[Captioner] 19:15:21
>> Ms. Gauthier: MR. PARKER?
>> Councilmember Campbell: EXCUSE

[Captioner] 19:15:24
 ME,
SUSAN, THESE SPEAKERS UP HERE ARE NOT
WORKING SO I

[Captioner] 19:15:27
 CAN HARDLY HEAR FROM -- ON
THAT SIDE

[Captioner] 19:15:31
 SIDE.


[Captioner] 19:15:37
>> Ms. Gauthier: I'LL MESSAGE THE AV
STAFF.


[Captioner] 19:16:03
>> Mayor Mei: OKAY.


[Captioner] 19:16:09
>> Ms. Gauthier: MR. PARKER?


[Captioner] 19:16:16
>> HELLO.
I'D LIKE TO SHARE

[Captioner] 19:16:19
 SOME OBSERVATIONS I'VE
MADE OF THE COUNCIL.
YOU CAN THINK OF THIS AS

[Captioner] 19:16:23
 CONSTRUCTIVE
COMMUNITY FEEDBACK.
AND I'D LIKE TO BEGIN

[Captioner] 19:16:26
 WITH A QUOTE BY
BARACK OBAMA.


[Captioner] 19:16:30
IS THAT BETTER?
>> Mayor Mei: YES.
>> GREAT.


[Captioner] 19:16:33
>> Mayor Mei: THANK YOU.
>> ALL RIGHT.
SO I'D LIKE TO BEGIN WITH A QUOTE

[Captioner] 19:16:37
 FROM
BARACK OBAMA.
OUR STORIES MAY BE SINGULAR BUT

[Captioner] 19:16:40
 OUR
DESTINATION IS SHARED.
OUR DESTINATION IS

[Captioner] 19:16:43
 SHARED.
WHERE WE END UP IS SHARED.
AND HOW WE CHOOSE TO

[Captioner] 19:16:46
 GET THERE IS A
SHARED CHOICE.
WE CAN CHOOSE TO

[Captioner] 19:16:50
 WORK TOGETHER OR WE CAN
CHOOSE NOT TO.
WE CAN CHOOSE TO LISTEN

[Captioner] 19:16:53
 TO EACH OTHER OR
WE CAN CHOOSE NOT TO.


[Captioner] 19:16:56
WE CAN FIND COMMON GROUND WITH THOSE
WHOM WE DISAGREE

[Captioner] 19:16:59
 WITH AND WORK TOWARDS A
COMMON GOAL OR WE CAN CHOOSE NOT

[Captioner] 19:17:02
 TO.
AND FROM THE OUTSIDE LOOKING

[Captioner] 19:17:05
 IN, IT
CERTAINLY APPEARS THAT FAR TOO OFTEN, WE


[Captioner] 19:17:08
ARE CHOOSING NOT TO.
WHAT THE COMMUNITY SEES

[Captioner] 19:17:12
 IS THAT SOME OF
OUR LEADERS ARE ABSOLUTELY DEDICATED

[Captioner] 19:17:15
 TO
THE COMMON GOOD.
IN HELPING THE COMMUNITY, IN WORKING

[Captioner] 19:17:17

WITH OTHERS, IN DOING THE RIGHT THINGS


[Captioner] 19:17:20
TO MAKE FREMONT A BETTER PLACE.
AND WE SEE SOME THAT

[Captioner] 19:17:23
 ARE FAR MORE
FOCUSED ON PROMOTING THEMSELVES THAN
THEY ARE IN DOING

[Captioner] 19:17:26
 GOOD FOR THE PEOPLE
THEY WERE ELECTED TO REPRESENT.
WE

[Captioner] 19:17:30
 SEE PEOPLE PUTTING THEIR NAMES ON
EVERY PROMOTION, EVERY ACTIVITY,

[Captioner] 19:17:33
 EVERY
PROCLAMATION.
ALL IN AN EFFORT

[Captioner] 19:17:36
 TO PROMOTE THEMSELVES
WHEN THEY SHOULD BE PROMOTING THE CITY


[Captioner] 19:17:39
OF FREMONT.
WE SEE PEOPLE PROMOTING THEIR AGENDA AND


[Captioner] 19:17:41
BELIEFS AND WHO ARE UNWILLING TO LISTEN
TO ANYONE WITH A DIFFERENT POINT OF


[Captioner] 19:17:46
VIEW.
FREMONT IS AN INCREDIBLY DIVERSE

[Captioner] 19:17:49
 PLACE.
ALMOST NOWHERE ELSE CAN YOU FIND SO MANY

[Captioner] 19:17:50

DIFFERENT PEOPLE FROM SO MANY DIFFERENT


[Captioner] 19:17:54
BACKGROUNDS AND DIFFERENT CULTURES, ALL
COMING TOGETHER TO FORM ONE SINGLE

[Captioner] 19:17:55

COMMUNITY.
THIS IS OUR GREATEST STRENGTH.


[Captioner] 19:17:59
AND YET WATCHING THE COUNCIL, THERE SEEM
TO BE SOME WHO ARE UNWILLING

[Captioner] 19:18:02
 TO TAP INTO
THAT GREAT STRENGTH.
THEY SEE THOSE

[Captioner] 19:18:05
 WITH A DIFFERENT POINT OF
VIEW AS BEING BAD PEOPLE.
NONE

[Captioner] 19:18:08
 OF US ARE BAD PEOPLE.
NONE OF US ARE.
WE ALL WANT THE

[Captioner] 19:18:11
 SAME THING.
TO MAKE FREMONT A BETTER PLACE TO LIVE


[Captioner] 19:18:14
AND WORK AND RAISE OUR FAMILIES.
SOME JUST HAVE A

[Captioner] 19:18:16
 DIFFERENT VIEW ON HOW
TO DO THAT.
THAT'S ALL.


[Captioner] 19:18:20
AND YES, SOMETIMES FINDING A COMPROMISE
IS HARD.


[Captioner] 19:18:23
BUT WE MUST ALWAYS TRY.
WE MUST ALWAYS TALK

[Captioner] 19:18:26
 TO EACH OTHER WITH
THE DIGNITY AND RESPECT THAT

[Captioner] 19:18:29
 EVERYONE,
EVERY COUNCILMEMBER, EVERY CITY EMPLOYEE


[Captioner] 19:18:34
ABSOLUTELY DESERVES.


[Captioner] 19:18:37
MAYA ANGELOU ONCE SAID PEOPLE WILL
FORGET WHAT YOU SAID,

[Captioner] 19:18:40
 PEOPLE WILL FORGET
WHAT YOU DID, BUT PEOPLE WILL NEVER

[Captioner] 19:18:41

FORGET HOW YOU FEEL.
REMEMBER THAT.


[Captioner] 19:18:44
PEOPLE WILL NEVER FORGET HOW YOU MADE
THEM FEEL.
TREAT EACH

[Captioner] 19:18:47
 OTHER WITH RESPECT.
DON'T TALK OVER EACH OTHER.


[Captioner] 19:18:51
DON'T INTERRUPT EACH OTHER.
LISTEN TO EACH OTHER.
HEAR WHAT THE

[Captioner] 19:18:54
 OTHER SIDE HAS TO SAY.
SHOW RESPECT TO EACH OTHER AND SHOW

[Captioner] 19:18:57

RESPECT TO THE CITY STAFF.
SO HERE IS MY REQUEST TO

[Captioner] 19:19:00
 YOU.
IT'S REALLY PRETTY SIMPLE.
FOCUS ON FREMONT.


[Captioner] 19:19:04
NOT YOURSELVES.
LISTEN TO EACH OTHER.
TREAT EACH

[Captioner] 19:19:07
 OTHER WITH RESPECT, EVEN WHEN
YOU DISAGREE.
I HOPE THAT'S NOT

[Captioner] 19:19:10
 TOO MUCH TO ASK.
AND I'LL END WITH A QUOTE FROM COLIN

[Captioner] 19:19:12

POWELL.
THERE IS NO END TO THE GOOD YOU CAN 

[Captioner] 19:19:15
DO
IF YOU DON'T CARE WHO GETS THE CREDIT.


[Captioner] 19:19:18
LET'S SEE HOW MUCH GOOD YOU CAN

[Captioner] 19:19:20
 DO.
THANK YOU.
>> Mayor Mei: THANK YOU.


[Captioner] 19:19:23
>> Ms. Gauthier: THAT'S OF THE LAST OF
THE SPEAKERS IN PERSON AND NO

[Captioner] 19:19:27
 SPEAKERS
ON ZOOM.
>> Mayor Mei: THANK YOU.


[Captioner] 19:19:31
AT THIS TIME, WE'RE GOING TO TURN IT
BACK TO THE OTHER BUSINESS, WHICH

[Captioner] 19:19:34
 THIS
EVENING IS OUR

[Captioner] 19:19:38
 BROWN ACT TRAINING, AND
I'D LIKE TO WELCOME CITY ATTORNEY

[Captioner] 19:19:41

ALVARADO TO PLEASE PROVIDE A
PRESENTATION FOR US THIS EVENING.


[Captioner] 19:19:45
THANK YOU.


[Captioner] 19:19:49
>> Cty. Attny. Alvarado: THANK YOU,
MAYOR.
GOOD EVENING, MAYOR AND

[Captioner] 19:19:52
 COUNCIL.
AS YOU WILL

[Captioner] 19:19:55
 RECALL THIS PAST DECEMBER
CITY STAFF ARRANGED BROWN ACT

[Captioner] 19:19:59
 TRAINING
FOR THE COUNCIL AND THAT'S OUR OBJECTIVE

[Captioner] 19:20:02

TODAY.


[Captioner] 19:20:06
IT SEEMS THAT ANY BROWN ACT PRESENTATION
WORTH ITS SALT

[Captioner] 19:20:10
 MUST ACKNOWLEDGE RALPH M.
BROWN, WHO YOU SEE THERE TO YOUR

[Captioner] 19:20:13
 RIGHT
IN THIS SLIDE.
HE WAS THE

[Captioner] 19:20:16
 ASSEMBLY -- THE CALIFORNIA
ASSEMBLYMEMBER THAT CARRIED THE BROWN
ACT

[Captioner] 19:20:19
 LEGISLATION THAT WAS ULTIMATELY
ADOPTED INTO LAW IN

[Captioner] 19:20:22
 1953.
THE LAW WAS INTENDED TO PREVENT SECRET


[Captioner] 19:20:25
GOVERNMENT MEETINGS THAT WERE ACTUALLY
EXPOSED BY THE "SAN FRANCISCO CHRONICLE"


[Captioner] 19:20:28
AT THE TIME.
AND AT ITS CORE,

[Captioner] 19:20:31
 THE BROWN ACT IS A
SUNSHINE LAW, AND IT'S INTENDED TO

[Captioner] 19:20:35
 KEEP
THE PUBLIC INFORMED OF THE ACTIONS OF
THEIR LOCAL

[Captioner] 19:20:39
 GOVERNMENT.
SO ON THIS SLIDE, YOU SEE THE INTENT OF


[Captioner] 19:20:42
THE BROWN ACT, AND IT'S PRETTY
STRAIGHTFORWARD.
IT'S TO ENSURE

[Captioner] 19:20:45
 THE DELIBERATIONS AND
ACTIONS OF THE LEGISLATIVE BODIES ARE

[Captioner] 19:20:48

PUBLIC.
TO PROVIDE ADEQUATE NOTICE OF MEETINGS

[Captioner] 19:20:51

AND AGENDA TOPICS TO THE PUBLIC.
AND TO OFFER

[Captioner] 19:20:54
 THE PUBLIC AN OPPORTUNITY
TO PARTICIPATE IN

[Captioner] 19:20:57
 MEETINGS.


[Captioner] 19:21:01
NOW EACH OF YOU IS WELL VERSED IN THE
REQUIREMENTS OF THE BROWN ACT HAVING

[Captioner] 19:21:03

SERVED ON BODIES THAT ARE SUBJECT TO
IT.


[Captioner] 19:21:06
SO WE'RE GOING TO FOCUS THIS EVENING ON

[Captioner] 19:21:09

REFRESHING YOUR RECOLLECTION REGARDING


[Captioner] 19:21:12
BROWN ACT KNOWLEDGE, TO RECEIVE UPDATES
TO CHANGES TO THE BROWN ACT LAW, WHICH

[Captioner] 19:21:16

THERE HAVE BEEN A FEW, AND

[Captioner] 19:21:18
 TO REVIEW
RULES OF ORDER FOR THE CITY COUNCIL
MEETINGS.


[Captioner] 19:21:22
THE LAST ONE IS A SPECIAL VALENTINE'S
DAY

[Captioner] 19:21:25
 PRESENT FROM ME TO YOU.
I KNOW THAT IT WASN'T PART OF THE
DIRECTION, BUT

[Captioner] 19:21:28
 WE'RE GOING TO COVER THE
CITY COUNCIL

[Captioner] 19:21:31
 HANDBOOK BRIEFLY, AND JUST
GENERAL RULES OF ORDER.


[Captioner] 19:21:37
OUR ROAD MAP TODAY CONSISTS OF SIX
SUBJECTS.
WE WILL DISCUSS

[Captioner] 19:21:41
 MEETINGS UNDER THE BROWN
ACT, NOTICE AND

[Captioner] 19:21:44
 AGENDA REQUIREMENTS,
PUBLIC COMMENT, AN

[Captioner] 19:21:48
 UPDATE ON
TELECONFERENCING RULES, OF COURSE CLOSED

[Captioner] 19:21:51

SESSION, WHICH WE WILL DISCUSS AS
DIRECTED BY THE CITY

[Captioner] 19:21:55
 COUNCIL, AND AGAIN,
WE'LL DISCUSS RULES OF ORDER.


[Captioner] 19:21:59
AFTER EACH SECTION, I WILL PAUSE FOR
COUNCIL QUESTIONS FOR THAT

[Captioner] 19:22:02
 PARTICULAR
TOPIC.
THAT WAY, WE DON'T HAVE TO WAIT

[Captioner] 19:22:05
 TO ASK
QUESTIONS UNTIL THE END.


[Captioner] 19:22:08
SO LET'S START WITH THE TOPIC OF
MEETINGS.


[Captioner] 19:22:16
THE BROWN ACT APPLIES TO LEGISLATIVE
BODIES.


[Captioner] 19:22:20
SO WHO'S SUBJECT TO THE BROWN ACT?
THE GOVERNING BODY.


[Captioner] 19:22:24
THAT'S, OF COURSE, THE SKI

[Captioner] 19:22:27
 TOWN,
ADVISORY BODIES, COMMISSIONS, FOR
EXAMPLE, THE PLANNING

[Captioner] 19:22:30
 COMMISSION, HUMAN
RELATIONS, I'VE LISTED A FEW THERE.
AND STANDING

[Captioner] 19:22:34
 COMMITTEES.
SUCH AS THE CITY COUNCIL, FREMONT

[Captioner] 19:22:38

UNIFIED SCHOOL DISTRICT LIAISON
COMMITTEE AND THE EAST BAY REGIONAL 

[Captioner] 19:22:42
PARK
LIAISON COMMITTEE.
THAT MEANS THAT ANY TIME THESE BODIES


[Captioner] 19:22:45
MEET, THEY MUST MEET PURSUANT TO A
NOTICE AS REQUIRED UNDER THE

[Captioner] 19:22:48
 BROWN ACT.


[Captioner] 19:22:54
SO WHAT IS A MEETING UNDER THE BROWN
ACT, HOW IS IT

[Captioner] 19:22:57
 DEFINED?
A MEETING IS ANY CONGREGATION OF A

[Captioner] 19:23:01

MAJORITY OF THE MEMBERS OF THE

[Captioner] 19:23:04
 BODY, AT
THE SAME TIME AND LOCATION, TO HEAR,
DISCUSS, DELIBERATE OR

[Captioner] 19:23:08
 TAKE ACTION ON
ANY ITEM THAT IS WITHIN THE SUBJECT

[Captioner] 19:23:11

MATTER JURISDICTION OF THE BODY.
SO WHEN THIS OCCURS, WHEN

[Captioner] 19:23:14
 THERE'S A
CONGREGATION

[Captioner] 19:23:18
 OF A MAJORITY AND THERE IS
A DISCUSSION ABOUT ISSUES THAT ARE
WITHIN THE SUBJECT

[Captioner] 19:23:21
 MATTER OF THE BODY,
THAT MEETING SHOULD BE IN THE

[Captioner] 19:23:24
 NOTICED
PURSUANT TO THE BROWN ACT.


[Captioner] 19:23:28
THE MAJORITY HERE WOULD BE 4 OF 7.


[Captioner] 19:23:32
IN A FEW SLIDES, I'LL ADDRESS SERIAL

[Captioner] 19:23:37

MEETINGS, WHICH COVER THE TYPES OF
MEETINGS THAT SOMETIMES DO

[Captioner] 19:23:39
 NOT TAKE
PLACE AT THE SAME TIME AND LOCATION BUT


[Captioner] 19:23:42
ARE, NONETHELESS, MEETINGS UNDER THE
BROWN ACT THAT SPECIFICALLY PROHIBITED.


[Captioner] 19:23:46
WE'LL COME BACK TO THAT.


[Captioner] 19:23:48
THERE ARE CERTAIN TYPES OF MEETINGS THAT
ARE NOT SUBJECT TO THE BROWN ACT.


[Captioner] 19:23:54
SO THERE ARE A FEW EXCEPTIONS WHERE IF
THERE'S A MAJORITY OF

[Captioner] 19:23:57
 THE CITY
COUNCILMEMBERS PRESENT, YOU DON'T
NECESSARILY HAVE TO HAVE

[Captioner] 19:24:00
 A NOTICE IN
ORDER TO PARTICIPATE.


[Captioner] 19:24:04
SO INDIVIDUAL CONTACTS, EXCEPT FOR
SERIAL MEETINGS, AND WE'LL GET

[Captioner] 19:24:06
 TO THAT.
CONFERENCES THAT ARE OPEN TO THE
PUBLIC.


[Captioner] 19:24:09
SO FOR EXAMPLE, LEAGUE OF CALIFORNIA
CITY CONFERENCES, A MAJORITY OF

[Captioner] 19:24:12
 THE
COUNCIL CAN ATTEND ONE OF THOSE

[Captioner] 19:24:15

CONFERENCES.
COMMUNITY MEETINGS LIKE LOCAL SERVICE


[Captioner] 19:24:19
CLUBS.
SOCIAL EVENTS, SUCH AS WEDDINGS,
RETIREMENT PARTIES AND SPORTS

[Captioner] 19:24:22
 EVENTS,
YOU CAN ALL ATTEND AS A MAJORITY.
THE KEY HERE

[Captioner] 19:24:25
 IS TO ENSURE THAT THE
MAJORITY DOES

[Captioner] 19:24:29
 NOT DISCUSS ANY ITEM THAT
IS WITHIN THE SUBJECT MATTER

[Captioner] 19:24:32

JURISDICTION OF THE BODY.
SO FOR EXAMPLE, IF YOU ATTEND A 

[Captioner] 19:24:35
WEDDING
AND YOU JUST ENJOY -- FIVE OF YOU, LET'S

[Captioner] 19:24:38

SAY, ENJOY THE WEDDING EVENTS AND JUST


[Captioner] 19:24:41
DISCUSS PERSONAL MATTERS, THAT'S NOT
SUBJECT TO THE BROWN ACT, BUT IF THE
FIVE COUNCILMEMBERS

[Captioner] 19:24:44
 AT THAT WEDDING
DECIDE THEY ARE GOING TO REACH

[Captioner] 19:24:47
 A
COLLECTIVE CONCURRENCE ON A LAND USE
DECISION, THAT WOULD VIOLATE THE 

[Captioner] 19:24:55
BROWN
ACT.
SO LET'S DISCUSS SERIAL MEETINGS,


[Captioner] 19:24:58
BECAUSE SERIAL MEETINGS ARE SPECIFICALLY
PROHIBITED UNDER THE BROWN ACT AND 

[Captioner] 19:25:01
NOW
THAT WE HAVE AN INCREASE IN TECHNOLOGY


[Captioner] 19:25:04
AND EFFICIENCIES IN COMMUNICATION, IT'S
CREATED

[Captioner] 19:25:08
 SOME OBSTACLES THAT THE COUNCIL
WILL WANT TO AVOID.
SO LET'S START WITH

[Captioner] 19:25:11
 THE DEFINITION.
A SERIAL MEETING IS A SERIES OF

[Captioner] 19:25:14

COMMUNICATIONS OUTSIDE OF PUBLIC VIEW,


[Captioner] 19:25:17
EITHER DIRECTLY OR THROUGH
INTERMEDIARIES, EMPLOYED BY A MAJORITY


[Captioner] 19:25:20
OF THE BODY, TO DISCUSS, DELIBERATE, OR
TAKE ACTION

[Captioner] 19:25:23
 ON BUSINESS THAT IS WITHIN
THE SUBJECT MATTER JURISDICTION OF THE


[Captioner] 19:25:31
BODY.
NOW, THIS TYPE OF MEETING IS PROHIBITED


[Captioner] 19:25:35
UNDER THE BROWN ACT, AND THE DANGER
REALLY IS THAT

[Captioner] 19:25:38
 THIS CAN HAPPEN THROUGH
ELECTRONIC COMMUNICATIONS THESE DAYS.
WHETHER

[Captioner] 19:25:41
 IT'S EMAIL OR TEXT MESSAGES, AND

[Captioner] 19:25:44

COUNCILMEMBERS ARE NOT ALWAYS AWARE THAT


[Captioner] 19:25:47
THEY'RE EVEN INVOLVED IN A SERIAL
MEETING BECAUSE ONE OF YOUR

[Captioner] 19:25:49

COMMUNICATIONS CAN BE FORWARDED WITHOUT


[Captioner] 19:25:53
YOUR KNOWLEDGE TO A MAJORITY OF THE
COUNCILMEMBERS, SO WEAR GOING TO

[Captioner] 19:25:57
 WE'RE
GOING TO DISCUSS TWO TYPES OF MEETINGS,

[Captioner] 19:26:00

SERIAL MEETINGS.
THE TWO TYPES OF SERIAL

[Captioner] 19:26:02
 MEETINGS THAT
WE'LL DISCUSS ARE THE HUB AND THE SPOKE,


[Captioner] 19:26:05
AND THE DAISY CHAIN, AND THEN I'LL
UPDATE THE

[Captioner] 19:26:08
 LAW WITH RESPECT TO SOCIAL
MEDIA PLATFORMS.


[Captioner] 19:26:15
SO THE FIRST TYPE OF MEETING THAT WE
WANT TO AVOID IS A

[Captioner] 19:26:19
 HUB AND A SPOKE.
AND THIS IS WHERE AN INTERMEDIARY,

[Captioner] 19:26:21
 THE
PERSON IN THE MIDDLE HERE, SERVES AS A


[Captioner] 19:26:25
CONDUIT OF COMMUNICATION BETWEEN THE
MAJORITY OF THE MEMBERS OF

[Captioner] 19:26:28
 THE CITY
COUNCIL REGARDING CITY BUSINESS.
NOW

[Captioner] 19:26:31
 THIS INTERMEDIARY COULD BE A CITY
COUNCILMEMBER OR IT COULD EVEN BE A

[Captioner] 19:26:34
 CITY
EMPLOYEE.


[Captioner] 19:26:41
THE KEY HERE IS THAT THE INTERMEDIARY IS
THE ONE THAT

[Captioner] 19:26:45
 COMMUNICATION KITS THE
ISSUE THAT IS WITHIN THE SUBJECT

[Captioner] 19:26:47
 MATTER
JURISDICTION OF THE BODY TO A MAJORITY


[Captioner] 19:26:50
OF THE OTHER MEMBERS.
THAT WOULD BE A SERIAL MEETING.


[Captioner] 19:26:58
SO WHAT ABOUT INDIVIDUAL BRIEFINGS?
A CITY EMPLOYEE ACTUALLY IS ALLOW

[Captioner] 19:27:01
 TO
PROVIDE COUNCILMEMBERS INDIVIDUAL
BRIEFINGS, EVEN IF IT'S TO

[Captioner] 19:27:04
 A MAJORITY

[Captioner] 19:27:07
 OF
THE COUNCILMEMBERS.
THE KEY HERE IS THAT THE 

[Captioner] 19:27:10
COMMUNICATION
ONLY BE TO PROVIDE ANSWERS TO QUESTIONS

[Captioner] 19:27:14

OR INFORMATION AND THAT THAT

[Captioner] 19:27:17
 EMPLOYEE
NOT COMMUNICATE TO OTHER COUNCILMEMBERS


[Captioner] 19:27:19
THE POSITION OF OTHER COUNCILMEMBERS ON
AN ISSUE.


[Captioner] 19:27:23
SO WE CAN PROVIDE YOU INFORMATION AND
ANSWER QUESTIONS BUT WE DON'T WANT

[Captioner] 19:27:26
 TO
SAY, FOR EXAMPLE, FOUR OF THE

[Captioner] 19:27:29

COUNCILMEMBERS ARE VOTING ONE WAY,
BEFORE THE NEXT MEETING.


[Captioner] 19:27:32
THAT WOULD BE A OBVIOUS BROWN ACT
VIOLATION.
BUT WE ARE

[Captioner] 19:27:35
 ALLOWED TO BRIEF YOU
INDIVIDUALLY, EVEN IF IT'S A MAJORITY OF

[Captioner] 19:27:38

THE MEMBERS.


[Captioner] 19:27:42
THE KEY THERE IS IT'S A ONE-WAY
COMMUNICATION BASICALLY, FROM THE

[Captioner] 19:27:45
 CITY
STAFF TO THE COUNCIL.
NOW THE SECOND

[Captioner] 19:27:48
 TYPE OF SERIAL MEETING
THAT WE WANT TO AVOID IS CALLED A DAISY


[Captioner] 19:27:51
CHAIN.
AND THIS IS A CHAIN OF COMMUNICATION

[Captioner] 19:27:55

WHERE ONE COUNCILMEMBER SPEAKS TO
ANOTHER ABOUT CITY BUSINESS, AND

[Captioner] 19:27:58
 THEN
THAT COUNCILMEMBER CONTINUES THAT
CONVERSATION WITH ANOTHER, AND SO

[Captioner] 19:28:01
 ON AND
SO FORTH, UNTIL A MAJORITY HAVE
DISCUSSED CITY

[Captioner] 19:28:03
 BUSINESS.
THAT MEETING WOULD VIOLATE THE BROWN
ACT.


[Captioner] 19:28:07
AND THE CHALLENGE THERE IS THAT YOU MAY
NOT KNOW THAT YOU WERE PART

[Captioner] 19:28:11
 OF THAT
DAISY CHAIN, SO THE SAFEST THING TO DO


[Captioner] 19:28:14
IS TO ENSURE THAT YOU WAIT TO HAVE THOSE

[Captioner] 19:28:16

CONVERSATIONS UNTIL YOU'RE AT A PUBLICLY


[Captioner] 19:28:19
NOTICED MEETING SO THE PUBLIC CAN SEE
WHAT THE DISCUSSION IS ABOUT.


[Captioner] 19:28:28
SO A COUPLE OF PRACTICE TIPS.
IT'S IMPORTANT TO

[Captioner] 19:28:31
 BE WARY OF THE
FOLLOWING

[Captioner] 19:28:34
 CIRCUMSTANCES:  COMMUNICATING
VIA EMAIL OR TEXT MESSAGES

[Captioner] 19:28:37
 WITH OTHER
CITY COUNCILMEMBERS REGARDING CITY

[Captioner] 19:28:40

BUSINESS, BECAUSE EVEN IF YOU JUST
BELIEVE YOU'RE SPEAKING TO ONE

[Captioner] 19:28:42
 MEMBER,
THERE'S NO WAY FOR YOU TO KNOW WHETHER


[Captioner] 19:28:46
THAT MESSAGE WAS FORWARDED TO ANOTHER
MEMBER AND ANOTHER MEMBER AFTER THAT

[Captioner] 19:28:48
 AND
THEN EVENTUALLY YOU MAY BE PARTICIPATING


[Captioner] 19:28:51
IN A SERIAL MEETING INADVERTENTLY, BUT
STILL

[Captioner] 19:28:54
 A MEETING THAT VIOLATES THE BROWN
ACT.


[Captioner] 19:29:00
NOW, ANOTHER PRACTICE TIP

[Captioner] 19:29:03
 IS TO BE WARY
ABOUT PRE AND

[Captioner] 19:29:06
 POST CITY COUNCIL MEETING
GATHERINGS.
NOW

[Captioner] 19:29:09
 WE ARE MOVING TO IN-PERSON MEETINGS
OBVIOUSLY AND

[Captioner] 19:29:12
 THERE'S A NATURAL
EXCITEMENT TO WORK FACE-TO-FACE WITH OUR


[Captioner] 19:29:15
COLLEAGUES, EVERYONE CAN UNDERSTAND
THAT.
HOWEVER, PRE AND POST

[Captioner] 19:29:19
 MEETING

[Captioner] 19:29:21

MEETINGS -- EVEN IF THERE'S NO BROWN ACT


[Captioner] 19:29:25
VIOLATION, ONE THING TO BE COGNIZANT
ABOUT IS THAT MEMBERS OF THE PUBLIC WHO

[Captioner] 19:29:28

OBSERVE THESE COLLECTIVE MEETINGS CAN
SOMETIMES HAVE A -- IT CAN

[Captioner] 19:29:30
 HAVE A
NEGATIVE IMPACT ON PUBLIC PERCEPTION, SO


[Captioner] 19:29:34
IT'S JUST IMPORTANT TO HAVE SITUATIONAL
AWARENESS,

[Captioner] 19:29:37
 EVEN IF YOU'RE TECHNICALLY
NOT VIOLATING THE BROWN AK,

[Captioner] 19:29:40
 BROWN ACT,
SOMETIMES THESE

[Captioner] 19:29:42
 SITUATIONS MAY RAISE
CONCERN AMONG THE PUBLIC AND WE MAY HEAR


[Captioner] 19:29:45
ABOUT IT.
SO JUST A HEADS UP.


[Captioner] 19:29:52
SO AN UPDATE

[Captioner] 19:29:56
 ABOUT SOCIAL MEDIA
PLATFORMS.
AB992 WAS

[Captioner] 19:29:59
 ADOPTED IN TWEP 20 BY THE
STATE, AND IT PROVIDES

[Captioner] 19:30:03
 CLARITY, MORE
CLARITY ON HOW PUBLIC OFFICIALS MAY USE


[Captioner] 19:30:06
SOCIAL MEDIA PLATFORMS.
AND BASICALLY WHAT IT SAYS IS

[Captioner] 19:30:09
 THAT
PUBLIC OFFICIALS CAN COMMUNICATE ON
SOCIAL MEDIA

[Captioner] 19:30:12
 PLATFORMS TO ANSWER
QUESTIONS TO THE PUBLIC, PROVIDE
INFORMATION

[Captioner] 19:30:15
 TO THE PUBLIC, AND SOLICIT
INFORMATION FROM THE

[Captioner] 19:30:18
 PUBLIC ON ISSUES
THAT ARE WITHIN YOUR SUBJECT MATTER
JURISDICTION.


[Captioner] 19:30:21
SO YOU CAN'T RUN AFOUL ENGAGING WITH

[Captioner] 19:30:25
 A
MEMBER OF THE PUBLIC ON CITY TOPICS.


[Captioner] 19:30:28
HOWEVER,

[Captioner] 19:30:32
 AB992 STILL PROHIBITS CERTAIN
BEHAVIOR, CERTAIN ACTIVITY, EXCUSE ME,

[Captioner] 19:30:35

INCLUDING DIRECTLY RESPONDING TO ANY
COMMUNICATION ON

[Captioner] 19:30:39
 SOCIAL MEDIA REGARDING
CITY BUSINESS THAT IS MADE,

[Captioner] 19:30:42
 POSTED, OR
SHARED BY ANOTHER MEMBER OF THE
LEGISLATIVE

[Captioner] 19:30:45
 BODY.
THAT MEANS IF YOU POST A

[Captioner] 19:30:48
 COMMENT, LET'S
SAY ABOUT CITY BUSINESS ON A SOCIAL
MEDIA

[Captioner] 19:30:51
 PLATFORM, AND FOUR OTHER CITY
COUNCILMEMBERS POST ON THAT

[Captioner] 19:30:54
 COMMENT, YOU
KNOW, SAYING, WE LIKE THAT

[Captioner] 19:30:57
 IDEA, WE'D
WANT TO VOTE FOR THAT ISSUE, THAT WOULD


[Captioner] 19:31:01
VIOLATE THE BROWN ACT.
SO IT'S IMPORTANT TO BE AWARE

[Captioner] 19:31:04
 OF THAT.
NOW THIS DOESN'T EXTEND TO PERSONAL
COMMUNICATION, SO

[Captioner] 19:31:07
 YOU CAN POST ON SOCIAL
MEDIA ABOUT PERSONAL MATTERS AND SHARE


[Captioner] 19:31:10
THAT WITH A MAJORITY OF THE
COUNCILMEMBERS, THAT'S OKAY, BUT IF

[Captioner] 19:31:12
 IT
CONCERNS CITY BUSINESS, IT'S IMPORTANT


[Captioner] 19:31:16
TO ENSURE THAT YOU'RE NOT ENGAGING IN A

[Captioner] 19:31:18

MAJORITY COMMUNICATION ON A SOCIAL MEDIA


[Captioner] 19:31:21
POST REGARDING CITY BUSINESS.


[Captioner] 19:31:29
ANY QUESTIONS REGARDING MEETINGS?
I THINK THAT'S OUR NEXT SLIDE.
CAN YOU MOVE TO

[Captioner] 19:31:32
 THE NEXT SLIDE?
SO LET'S GO BACK.
THAT

[Captioner] 19:31:35
 CONCLUDES OUR MEETING SECTION.
SO WHY DON'T WE PAUSE THERE

[Captioner] 19:31:39
 FOR ANY
QUESTIONS.
COUNCILMEMBER SHAO

[Captioner] 19:31:42
.
>> Councilmember Shao:

[Captioner] 19:31:45
 REGARDING
MEETINGS, FOR EXAMPLE, IF THE COUNCIL
GENERAL

[Captioner] 19:31:48
 OF INDIA WANTS TO VISIT THE
MAYOR

[Captioner] 19:31:52
 AND UNDER THE PRESSURE OF FELLOW
COUNCILMEMBERS, THE MAYOR

[Captioner] 19:31:55
 WAS FORCED TO

[Captioner] 19:31:58

INVITE FELLOW COUNCILMEMBERS TO THAT
MEETING

[Captioner] 19:32:01
 WITH THE COUNCIL GENERAL OF
INDIA, THEN

[Captioner] 19:32:04
 WOULD THAT BECOME A MEETING
AND THUS OPEN

[Captioner] 19:32:07
 TO PUBLIC AND ALSO THE
CITY IS OBLIGATED TO

[Captioner] 19:32:11
 GIVE ADVANCE
NOTICES TO TREAT IT AS A

[Captioner] 19:32:15
 MEETING?
>> Cty. Attny. Alvarado: THAT'S A GOOD

[Captioner] 19:32:19

QUESTION, AND PART OF THE CHALLENGE
WOULD BE THAT THERE'S PROBABLY

[Captioner] 19:32:22
 CERTAIN
FACTS THAT WE HAVEN'T SET FORTH IN THAT

[Captioner] 19:32:25

HYPOTHETICAL.
BUT THE WAY THAT I WOULD RESPOND IS 

[Captioner] 19:32:28
THAT
IF ANOTHER AGENCY OR ANOTHER POLITICIAN,


[Captioner] 19:32:31
LET'S JUST SAY GENERALLY, HAS ITS OWN

[Captioner] 19:32:35

MEETING, A MAJORITY OF THE CITY
COUNCILMEMBERS COULD

[Captioner] 19:32:38
 ATTEND THAT MEETING
SO LONG AS IT'S NOT DISCUSSING CITY

[Captioner] 19:32:41

BUSINESS.
SO JUST BECAUSE YOU'RE IN THE SAME 

[Captioner] 19:32:44
ROOM
WITH A MEETING BEING CONDUCTED BY
ANOTHER ENTITY DOESN'T AUTOMATICALLY

[Captioner] 19:32:47

MAKE IT A BROWN ACT MEETING FOR PURPOSES

[Captioner] 19:32:51

OF THE FREMONT CITY COUNCIL.
BUT IF

[Captioner] 19:32:54
 THAT POLITICIAN HAS INVITED A
MAJORITY OF THE CITY COUNCILMEMBERS

[Captioner] 19:32:57
 TO
DISCUSS CITY BUSINESS, CERTAINLY THAT

[Captioner] 19:32:58

WOULD SEEM TO BE A TYPE OF MEETING THAT


[Captioner] 19:33:02
WOULD BE SUBJECT TO THE BROWN ACT, AND
IT WOULD BE BETTER TO NOTICE THAT

[Captioner] 19:33:05

MEETING AND AGENDIZE IT SO MEMBERS OF
THE PUBLIC COULD PARTICIPATE

[Captioner] 19:33:08
 AND OBSERVE
WHAT THE CITY COUNCIL WOULD BE SAYING
ABOUT AN

[Captioner] 19:33:11
 ISSUE WITHIN THE SUBJECT MATTER
JURISDICTION OF THE BODY.


[Captioner] 19:33:16
>> Councilmember Shao: THANK YOU.


[Captioner] 19:33:25
>> Mayor Mei: COUNCILMEMBER COX, I
HAVE YOUR BUTTON BEING PUSHED.
IS THAT

[Captioner] 19:33:27
 FROM BEFORE?
APOLOGIES.
OKAY.


[Captioner] 19:33:30
THANK YOU.


[Captioner] 19:33:34
>> Councilmember Shao: ANOTHER
QUESTION FROM ME.
REGARDING USAGE

[Captioner] 19:33:37
 OF SOCIAL MEDIA.
FOR EXAMPLE,

[Captioner] 19:33:40
 IF ONE BY ONE, CITY

[Captioner] 19:33:44

COUNCILMEMBERS ANNOUNCE

[Captioner] 19:33:48
 THE POSITION

[Captioner] 19:33:51
 ON
A PENDING AGENDA ITEM,

[Captioner] 19:33:54
 EVEN NOT
NECESSARILY COMMUNICATING WITH OTHER
CITY

[Captioner] 19:33:58
 COUNCILMEMBERS, WOULD THAT ALSO
VIOLATE

[Captioner] 19:34:01
 THE BROWN ACT?
MY UNDERSTANDING IS THAT IF

[Captioner] 19:34:05
 I WERE A
PUBLIC, YOU KNOW, COMMUNITY MEMBER

[Captioner] 19:34:08
 AND I
NOTICED, OH, OKAY, SO TWO ALREADY

[Captioner] 19:34:11
 SAID
YES.
I DON'T HAVE TO FOCUS ON THOSE TWO.


[Captioner] 19:34:14
I WILL FOCUS ON THOSE FIVE THAT HAVEN'T

[Captioner] 19:34:18

ANNOUNCED THEIR DECISION.
THAT CERTAINLY

[Captioner] 19:34:22
 COULD POTENTIALLY AFFECT
THE LOBBY

[Captioner] 19:34:25
ING EFFORT FROM THE COMMUNITY
AND

[Captioner] 19:34:29
 EVENTUALLY INFLUENCE THE

[Captioner] 19:34:32
 FINAL
VOTING RESULTS.
SO MY QUESTION IS

[Captioner] 19:34:36
 THAT, IF AN INDIVIDUAL
CITY COUNCILMEMBER WITHOUT CONSULTING

[Captioner] 19:34:39

WITH FELLOW CITY COUNCILMEMBERS BUT
ANNOUNCING IN ADVANCE

[Captioner] 19:34:43
 HOW THEY'RE GOING
TO VOTE ON AN UPCOMING AGENDA ITEM, IS


[Captioner] 19:34:46
THAT A VIOLATION OF BROWN ACT?
>> Cty. Attny.

[Captioner] 19:34:49
 Alvarado: I'M GOING TO
MAKE TWO COMMENTS.
ONE IS A BROWN ACT

[Captioner] 19:34:53
 AND ONE IS A DUE
PROCESS OBSERVATION.
BUT IF WE COULD GO

[Captioner] 19:34:56
 BACK TWO SLIDES?
I THINK IT'S TWO SLIDES.
THERE

[Captioner] 19:34:59
 YOU GO.
SO

[Captioner] 19:35:03
 AB992 ALLOWS INDIVIDUAL
COUNCILMEMBERS TO ANSWER QUESTIONS AND


[Captioner] 19:35:06
PROVIDE INFORMATION.
SO THAT'S OKAY.
AND YOU

[Captioner] 19:35:09
 CAN SOLICIT INFORMATION.
WHAT YOU CAN'T

[Captioner] 19:35:14
 DO IS TO RESPOND TO
SOCIAL MEDIA POSTS

[Captioner] 19:35:18
 REGARDING CITY
BUSINESS THAT'S POSTED BY OTHER

[Captioner] 19:35:21

MEMBERS.
NOW, YOUR QUESTION RAISES A DUE 

[Captioner] 19:35:24
PROCESS
CONCERN, WHICH IS SHOULD YOU BE
ANNOUNCING HOW YOU'RE GOING TO VOTE

[Captioner] 19:35:27
 FOR
AN ITEM BEFORE IT'S BEFORE THE CITY
COUNCIL.


[Captioner] 19:35:30
AND THERE'S AN ARGUMENT THAT DOING SO
DEPRIVES THE

[Captioner] 19:35:34
 APPLICANT OR THE PROJECT
DUE

[Captioner] 19:35:37
 PROCESS BECAUSE YOU HAVE NOT
CONSIDERED ALL OF THE FACTS BEFORE

[Captioner] 19:35:41

MAKING A DECISION.
SO IN RESPONSE TO YOUR QUESTION,

[Captioner] 19:35:44
 I
WANTED TO RAISE THAT DUE PROCESS
CONCERN, BECAUSE IT DOES

[Captioner] 19:35:47
 COME UP ON
OCCASION IN CITIES WHERE YOU MIGHT FEEL

[Captioner] 19:35:50

STRONGLY ABOUT AN ISSUE,

[Captioner] 19:35:53
 AND MAY DESIRE
TO EXPRESS POSITION, BUT

[Captioner] 19:35:56
 IF IT'S PART OF
YOUR QUASI JUDICIAL FUNCTIONS, MEANING


[Captioner] 19:35:59
YOU'RE GOING TO TAKE FACTS IN EVIDENCE
AND MAKE A DECISION, IT'S BETTER

[Captioner] 19:36:02
 TO WAIT
TO MAKE YOUR COMMENTS UNTIL YOU'RE AT A


[Captioner] 19:36:05
PUBLICLY NOTICED MEETING AND AFTER
YOU'VE RECEIVED THE FACTUAL AND

[Captioner] 19:36:07

EVIDENTIARY PRESENTATION FROM STAFF AND


[Captioner] 19:36:11
THE APPLICANT.


[Captioner] 19:36:20
>> Councilmember Shao: THIRD
QUESTION.
YOU USED THE

[Captioner] 19:36:24
 PICTURE OF HUB AND SPOKE,

[Captioner] 19:36:28

AND SAID THE PERSON IN THE MIDDLE, THE

[Captioner] 19:36:30

INTERMEDIARY, CANNOT BE A CITY
COUNCILMEMBER OR A CITY EMPLOYEE.


[Captioner] 19:36:35
WHAT ABOUT A COMMUNITY MEMBER WHO

[Captioner] 19:36:38
 WOULD
THEN JUST PASS ON AND SAY, OH,

[Captioner] 19:36:40
 A, B AND
C ALREADY TOLD ME THEY'RE GOING TO VOTE


[Captioner] 19:36:43
YES, AND WE'RE WAITING FOR THE LAST, YOU
KNOW, VOTE

[Captioner] 19:36:46
 TO REACH MAJORITY.
WHAT'S YOUR

[Captioner] 19:36:50
 REACTION?
>> Cty. Attny. Alvarado: IT RAISES THE


[Captioner] 19:36:53
QUESTION OF THE SAME CONCERN, WHICH IS
THE BODY HAVING

[Captioner] 19:36:57
 A COLLECTIVE CONCURRENCE
WITHOUT IT

[Captioner] 19:37:00
 HAVING OCCURRED IN PUBLIC.
SO I WOULD HAVE THE SAME CONCERN.


[Captioner] 19:37:11
OKAY.
IF THERE'S NO ADDITIONAL QUESTIONS,
WE'LL MOVE ON TO THE

[Captioner] 19:37:15
 NEXT SECTION,
NOTICES AND AGENDAS.


[Captioner] 19:37:18
CAN YOU GO BACK ONE SLIDE, ALBERTO?
THANK YOU.
JUST TO

[Captioner] 19:37:21
 MAKE AN INTRODUCTORY REA

[Captioner] 19:37:24
 MARK.
PREPARING NOTICES AND AGENDAS IS LARGE

[Captioner] 19:37:27

LE THE RESPONSIBILITY OF CITY STAFF.
STAFF REGULARLY

[Captioner] 19:37:31
 COMPOSES AND PUBLISHES
AGENDAS AND THOSE

[Captioner] 19:37:33
 THAT REQUIRE
COMPLIANCE WITH THE BROWN ACT AND WE'RE


[Captioner] 19:37:36
GOING TO BRIEFLY GO OVER THOSE
REQUIREMENTS.
SO THIS

[Captioner] 19:37:39
 CHART HERE SETS FORTH WHAT THE
BASIC REQUIREMENTS ARE FOR REGULAR

[Captioner] 19:37:42

SPECIAL AND EMERGENCY MEETINGS, AND I'M


[Captioner] 19:37:45
SURE THAT THIS BODY IS WELL AWARE.
BUT JUST

[Captioner] 19:37:48
 BRIEFLY, REGULAR MEETINGS
REQUIRE 72

[Captioner] 19:37:52
 HOURS NOTICE.
AND AGENDAS, THE

[Captioner] 19:37:55
 AGENDAS MUST BRIEFLY
DESCRIBE EACH ITEM OF BUSINESS TO

[Captioner] 19:37:58
 BE
TRANSACTED OR DISCUSSED.
AND THE AGENDA HAS TO BE

[Captioner] 19:38:01
 POSTED IN A
PUBLICLY ACCESSIBLE LOCATION AND ON THE


[Captioner] 19:38:04
CITY'S WEBSITE.
THE TWO OTHER MEETING TYPES ARE ACTUALLY


[Captioner] 19:38:08
BOTH A TYPE OF SPECIAL MEETING, ALTHOUGH
ONE SPECIAL

[Captioner] 19:38:11
 MEETING IS ONE THAT

[Captioner] 19:38:14
 REQUIRES
24 HOURS NOTICE, YOUR TYPICAL SPECIAL

[Captioner] 19:38:17

MEETING, EVEN THOUGH AGENDAS ARE NOT
REQUIRED FOR SPECIAL

[Captioner] 19:38:20
 MEETINGS HERE IN
FREMONT, WE HAVE A GOOD PRACTICE

[Captioner] 19:38:23
 OF
ISSUING BOTH NOTICES AND AGENDAS FOR
SPECIAL MEETINGS.


[Captioner] 19:38:28
AND THE BROWN ACT REQUIRES THAT WE
PROVIDE IN THE TO

[Captioner] 19:38:30
 COUNCILMEMBERS AND THE
PRESS.
EMERGENCY MEETINGS ARE VERY RARE.


[Captioner] 19:38:34
THEY ONLY REQUIRE ONE HOUR NOTICE.
AND

[Captioner] 19:38:38
 REALLY CAN ONLY BE PUT TOGETHER FOR

[Captioner] 19:38:41

HEALTH OR SAFETY CONCERNS.
SO THOSE ARE YOUR BASIC

[Captioner] 19:38:44
 MEETING
REQUIREMENTS.


[Captioner] 19:38:53
SO WHAT ABOUT NON-AGENDIZED ITEMS?  WHAT
IS THE RULE?


[Captioner] 19:38:56
WELL, THE RULE IS THAT WE CANNOT DISCUSS
OR TAKE

[Captioner] 19:39:00
 ACTION ON NON-AGENDIZED ITEMS.


[Captioner] 19:39:03
WITH VERY LITTLE EXCEPTION.
ONE OF THOSE

[Captioner] 19:39:06
 EXCEPTIONS IS WHEN THE
COUNCIL MAJORITY DECIDES THERE'S AN
EMERGENCY SITUATION.


[Captioner] 19:39:10
AND AS YOU'LL RECALL, WE ACTUALLY USED
THAT EXEMPTION

[Captioner] 19:39:13
 NOT LONG AGO, WHEN WE
CONSIDERED RATIFICATION OF THE CITY

[Captioner] 19:39:17

MANAGER'S EMERGENCY PROCLAMATION.
ANOTHER INSTANCE

[Captioner] 19:39:20
 IS WHEN TWO THIRDS OF
THE MEMBERS OF THE CITY

[Captioner] 19:39:23
 COUNCIL PRESENT
VOTE THAT IMMEDIATE ACTION IS NEEDED AND

[Captioner] 19:39:26

THAT THE NEED CAME TO THE COUNCIL'S
ATTENTION AFTER THE

[Captioner] 19:39:30
 AGENDA WAS POSTED.
I HAD TO

[Captioner] 19:39:33
 THINK A LITTLE BIT ABOUT AN
EXAMPLE, WHAT COULD I OFFER AS AN

[Captioner] 19:39:37

EXAMPLE.
LET'S SAY THAT THE CITY

[Captioner] 19:39:40
 COUNCIL'S LAST
MEETING IN JULY, BEFORE IT GOES

[Captioner] 19:39:43
 ON
RECESS, AFTER THE

[Captioner] 19:39:47
 AGENDA FOR THAT LAST
MEETING IS POSTED, WE BECOME AWARE

[Captioner] 19:39:50
 THAT
NEW FUNDING, A NEW FUNDING

[Captioner] 19:39:52
 GRANT
DEADLINE WAS ANNOUNCED, AND IT'S GOING


[Captioner] 19:39:56
TO HAPPEN WHEN THE COUNCIL IS ON
RECESS.
SO THAT ISSUE

[Captioner] 19:39:59
 CAME UP AFTER THE AGENDA
WAS POSTED.
AND THE DEADLINE MAY

[Captioner] 19:40:02
 HAPPEN AT A TIME
THAT THE CITY COUNCIL CAN ACT.


[Captioner] 19:40:05
IN THAT CIRCUMSTANCE, TWO THIRDS OF THE
CITY COUNCIL COULD

[Captioner] 19:40:08
 VOTE TO TAKE ACTION
ON THAT ITEM,

[Captioner] 19:40:11
 BECAUSE IT WASN'T AWARE
THAT THAT ACTION WAS REQUIRED BEFORE THE


[Captioner] 19:40:14
AGENDA WAS POSTED, AND A SUPERMAJORITY
OF THE BODY

[Captioner] 19:40:18
 DECIDES IT'S NECESSARY TO
TAKE ACTION.
SO

[Captioner] 19:40:21
 THAT'S ANOTHER EXAMPLE.
SO A

[Captioner] 19:40:24
 FEW PRACTICE TIPS REGARDING
NON-AGENDIZED ITEMS.
THESE

[Captioner] 19:40:28
 TIPS, I'M SURE SOME OF YOU ARE
FAMILIAR WITH.
FOR

[Captioner] 19:40:31
 NON-AGENDIZED ITEMS, COUNCILMEMBERS
MAY MAKE

[Captioner] 19:40:34
 A BRIEF RESPONSE TO A PUBLIC
COMMENT.
REFER A

[Captioner] 19:40:38
 MATTER TO STAFF FOR FOLLOW-UP ON
A PUBLIC COMMENT.


[Captioner] 19:40:41
REQUEST STAFF TO REPORT BACK ON A FUTURE
AGENDA

[Captioner] 19:40:44
 OR THE COUNCIL MAY DECIDE TO
EMPLOY ITS OWN REFERRAL PROCESS

[Captioner] 19:40:48
 THAT SET
FORTH IN THE COUNCIL TO PLACE IT ON
FUTURE AGENDA.


[Captioner] 19:40:52
AND MAY MAKE BRIEF ANNOUNCEMENTS, WHICH
THE COUNCIL DOES

[Captioner] 19:40:55
 ON OCCASION REGARDING
ITS

[Captioner] 19:40:58
 BODIES THAT -- OTHER BODIES THAT IT
SERVES ON, ON BEHALF OF THE CITY

[Captioner] 19:41:01
 OF
FREMONT.


[Captioner] 19:41:07
SO WE'LL MOVE ON TO PUBLIC COMMENT, BUT
BEFORE WE DO, LET ME

[Captioner] 19:41:10
 PAUSE FOR
QUESTIONS, IF ANY.


[Captioner] 19:41:15
>> Mayor Mei: COUNCILMEMBER KASSAN?
>> Councilmember Kassan: YEAH,

[Captioner] 19:41:17
 SO I
HAVE A COUPLE QUESTIONS ABOUT
REFERRALS.


[Captioner] 19:41:23
THIS KIND OF CAME UP BEFORE AND I KNOW I
GOT CONFUSED BECAUSE I

[Captioner] 19:41:26
 HAD HEARD THIS
THING THAT SAYS -- I

[Captioner] 19:41:29
 CAN'T EVEN READ IT

[Captioner] 19:41:33

-- THAT WE -- AT THE MEETING, WE CAN
REFER A MATTER

[Captioner] 19:41:36
 TO STAFF FOR FOLLOW-UP ON
A PUBLIC

[Captioner] 19:41:39
 COMMENT.
AND I THINK I DID THAT ONCE BUT THAT WAS


[Captioner] 19:41:43
KIND OF NOT PROTOCOL, YOU KNOW, I WAS

[Captioner] 19:41:45

TOLD IT'S BETTER TO BRING A REFERRAL AND


[Captioner] 19:41:49
HAVE THE REFERRAL ON THE AGENDA.
SO I

[Captioner] 19:41:52
 FEEL LIKE EVEN THOUGH THAT'S ON THE
LIST

[Captioner] 19:41:55
 OF THINGS WE'RE ALLOWED TO DO,
WE'VE KIND OF DECIDED THAT WE WILL

[Captioner] 19:41:58
 NOT
DO THAT.
IS THAT CORRECT

[Captioner] 19:42:02
 OR AM I CONFUSED?
>> Cty. Attny.

[Captioner] 19:42:05
 Alvarado: THERE ARE TWO
REFERRAL TYPES.


[Captioner] 19:42:10
ONE IS AN INFORMAL REFERRAL THAT

[Captioner] 19:42:13

COUNCILMEMBERS MAY MAKE AT A CITY
COUNCIL MEETING, AND TYPICALLY, YOU

[Captioner] 19:42:16

KNOW, IN THE COURSE OF CITY BUSINESS,
CITIES WILL

[Captioner] 19:42:20
 ASK THE CHAIR TO REFER THAT
TO CITY STAFF.
BUT THE COUNCIL COULD SAY,

[Captioner] 19:42:23
 HEY, WELL,
THAT COMMENT DESERVES A

[Captioner] 19:42:27
 RESPONSE, AND
WE'RE GOING TO REFER THAT, LET'S SAY, TO


[Captioner] 19:42:30
CITY MANAGER OPERATIONS TO FOLLOW UP
WITH THAT MEMBER OF THE PUBLIC.
THAT

[Captioner] 19:42:33
 CAN HAPPEN ON NON-AGENDIZED ITEMS
AT THAT COUNCIL

[Captioner] 19:42:36
 MEETING.
THAT IS DIFFERENT THAN SCHEDULING THAT


[Captioner] 19:42:40
FOR A FUTURE AGENDA.
THAT PROCESS, BY WHICH

[Captioner] 19:42:43
 A COUNCILMEMBER
PLACES

[Captioner] 19:42:47
 AN ITEM ON THE AGENDA FOR
CONSIDERATION IS ALSO A FORM OF
REFERRAL, BUT THAT

[Captioner] 19:42:50
 FORM OF REFERRAL IS A
SPECIFIC PROCEDURE THAT'S OUTLINED IN

[Captioner] 19:42:52

THE CITY COUNCIL HANDBOOK, AND IT'S MORE


[Captioner] 19:42:55
FORMAL THAN THE FIRST TYPE OF REFERRAL.
>> Councilmember Kassan: OKAY.


[Captioner] 19:42:59
MY UNDERSTANDING, THOUGH, WAS THAT WE
KIND OF HAD A PRACTICE TO

[Captioner] 19:43:02
 NOT DO THE
FIRST ONE TOO MUCH BECAUSE IT COULD BE

[Captioner] 19:43:05

BURDENSOME TO STAFF IF

[Captioner] 19:43:09
 WE'RE SAYING, YOU
KNOW, OH, THIS CAME UP AT THE MEETING,

[Captioner] 19:43:12

I'D LIKE TO REFER THAT TO STAFF.
AND I REMEMBER I DID THAT ONCE

[Captioner] 19:43:15
 AND I
KIND OF GOT SHOT DOWN A LITTLE

[Captioner] 19:43:18
 BIT,
WHICH I TOTALLY UNDERSTAND BECAUSE WE
COULD DO THAT QUITE A LOT AND

[Captioner] 19:43:21
 IT COULD
BECOME BURDENSOME, BUT IT SOUNDS LIKE WE


[Captioner] 19:43:24
CAN TECHNICALLY DO IT BUT MAYBE IT'S
DISCOURAGED?
>> Cty. Attny. Alvarado: THE

[Captioner] 19:43:27
 WAY I
WOULD RESPOND TO

[Captioner] 19:43:30
 THAT IS THAT THE BROWN
ACT DOESN'T PRECLUDE YOU FROM DOING
THAT.


[Captioner] 19:43:34
THERE MIGHT BE OPERATIONAL CONCERNS AND
PRACTICE

[Captioner] 19:43:37
 OF AN AGENCY THAT DISCOURAGES
THAT, BUT THAT'S NOT A

[Captioner] 19:43:38
 BROWN ACT
CONCERN.
>> Councilmember Kassan: GOT IT.


[Captioner] 19:43:42
SO IT'S CERTAINLY ALLOWED, BUT I THINK
IN PRACTICE, WE KIND OF

[Captioner] 19:43:45
 DON'T ENCOURAGE
THAT TOO MUCH.
I HAVE ANOTHER QUESTION AND

[Captioner] 19:43:48
 THAT IS,
SOMETIMES WHEN WE

[Captioner] 19:43:52
 DO HAVE REFERRALS FROM

[Captioner] 19:43:53

COUNCILMEMBERS, YOU KNOW, I UNDERSTAND


[Captioner] 19:43:57
IT'S REALLY IMPORTANT THAT THE WAY THEY
ARE WRITTEN IS A SUPER

[Captioner] 19:44:00
 CLEAR DESCRIPTION
OF WHAT'S GOING TO ACTUALLY BE DISCUSSED

[Captioner] 19:44:02

BECAUSE THAT'S PART OF COMPLIANCE WITH


[Captioner] 19:44:05
THE BROWN ACT, IS FOR THE PUBLIC TO KNOW
WHAT WILL BE DISCUSSED AT

[Captioner] 19:44:08
 THE MEETING.
AND THERE'S BEEN A FEW

[Captioner] 19:44:12
 REFERRALS LATELY
WHERE I FEEL LIKE WHAT WAS WRITTEN IN
THE REFERRAL

[Captioner] 19:44:15
 ENDED UP BEING A LITTLE BIT
DIFFERENT FROM WHAT WAS ACTUALLY

[Captioner] 19:44:18

DISCUSSED, AND I KNOW THAT THERE'S
SOME -- IT'S A LITTLE BIT UNCLEAR TO 

[Captioner] 19:44:21
ME
WHAT THE ROLE IS OF STAFF WHEN A
COUNCILMEMBER BRINGS

[Captioner] 19:44:25
 A REFERRAL TO MAKE
SURE THAT

[Captioner] 19:44:28
 THE REFERRAL IS WRITTEN IN
SUCH A WAY WHERE, NUMBER ONE, IS
ACTUALLY

[Captioner] 19:44:32
 WHAT'S INTENDED TO BE DISCUSSED
BY THE PERSON WHO'S MAKING THE REFERRAL

[Captioner] 19:44:35

AND, NUMBER TWO, THAT IT'S CLEAR THAT
IT'S WRITTEN IN

[Captioner] 19:44:38
 A WAY THAT WE CAN
ACTUALLY UNDERSTAND WHAT IT'S

[Captioner] 19:44:41
 SAYING AND
IS NOT JUST LANGUAGE THAT'S KIND

[Captioner] 19:44:43
 OF HARD
TO INTERPRET WHAT IT EVEN REALLY MEANS.


[Captioner] 19:44:46
I FEEL LIKE LATELY THAT'S BEEN A BIT OF
A CHALLENGE.


[Captioner] 19:44:50
SO I'M WONDERING IF WE COULD GET A
LITTLE

[Captioner] 19:44:53
 CLARITY ON HOW TO MAKE SURE THAT
ANY REFERRALS

[Captioner] 19:44:57
 THAT COME ARE WRITTEN IN A
WAY WHERE IT IS GIVING NOTICE TO THE
PUBLIC

[Captioner] 19:45:00
 OF WHAT WILL ACTUALLY BE
DISCUSSED.


[Captioner] 19:45:04
>> Cty. Attny. Alvarado: BY THE VERY
NATURE OF THE

[Captioner] 19:45:07
 REFERRAL, ALL THAT REALLY
CAN HAPPEN IS IT GETS

[Captioner] 19:45:10
 SCHEDULED FOR
FORMAL CITY COUNCIL CONSIDERATION AT A


[Captioner] 19:45:14
FUTURE MEETING.
AND

[Captioner] 19:45:17
 THAT'S REALLY THE LIMITATION, WHICH
IS A GOOD

[Captioner] 19:45:20
 WUFNLT IT'S A PROCEDURAL
LIMITATION THAT THEN REQUIRES THE
COUNCIL TO VOTE ON WHETHER TO

[Captioner] 19:45:23
 PUT IT ON
A FUTURE AGENDA AND THEN TO, AGAIN,

[Captioner] 19:45:27

NOTICE IT AS PART OF A FUTURE MEETING

[Captioner] 19:45:30
.
THOSE TWO STEPS

[Captioner] 19:45:33
 ARE TWO VERY DIFFERENT
PROCESSES, IS MY UNDERSTANDING.
THE FIRST STEP, STAFF IS

[Captioner] 19:45:36
 NOT REALLY
INVOLVED.
STAFF DOES NOT

[Captioner] 19:45:40
 CRAFT CITY COUNCIL
REFERRALS, AND WE DO NOT INVOLVE

[Captioner] 19:45:43

OURSELVES IN ORDER TO NOT ENGAGE IN

[Captioner] 19:45:45
 ANY
EDITORIAL COMPOSITION OF THE MATERIAL.


[Captioner] 19:45:48
WE BASICALLY JUST CHECK IT FOR MINIMUM

[Captioner] 19:45:51

COMPLIANCE.
AND

[Captioner] 19:45:56
 THEN THE SECOND STAFF REPORT, ONCE
IT KIND OF IS PART OF THE

[Captioner] 19:45:59
 FORMAL AGENDA,
ONCE THE CITY STAFF HAS REACHED
FORMAL --

[Captioner] 19:46:02
 RECEIVED FORMAL DIRECTION ON
PLACING IT ON A FUTURE AGENDA, THAT'S
WHEN STAFF

[Captioner] 19:46:05
 IS MORE INVOLVED IN CRAFTING
A RECOMMENDATION FOR THE COUNCIL

[Captioner] 19:46:08
 TO
REVIEW.
BUT I'LL TURN IT OVER TO MY COLLEAGUE,

[Captioner] 19:46:11

CITY MANAGER SHACKELFORD.
>> City Mgr. Shackelford: THANK YOU,

[Captioner] 19:46:15

RAFAEL.
I DO WANT TO MAKE A

[Captioner] 19:46:17
 CLARIFICATION ABOUT
THE INITIAL REFERRAL THAT COMES FROM --


[Captioner] 19:46:20
THAT'S GENERATED BY THE COUNCILMEMBERS.


[Captioner] 19:46:23
COUNCILMEMBER KASSAN'S POINT IS WELL
TAKEN AND VERY

[Captioner] 19:46:26
 TRUE, BECAUSE WHEN WE DO
RECEIVE A REFERRAL FROM

[Captioner] 19:46:29
 A COUNCILMEMBER,

[Captioner] 19:46:33

WE DO TRY AND

[Captioner] 19:46:37
 HELP MAKE THE LANGUAGE
UNDERSTANDABLE, BUT IT REALLY NEEDS

[Captioner] 19:46:40
 TO
BE YOUR

[Captioner] 19:46:44
 WORDS, YOUR GOALS THAT YOU'RE
ATTEMPTING TO

[Captioner] 19:46:48
 HAVE ACHIEVED, BUT WE DO
TRY AND SEEK THAT CLARITY SO THAT IT
DOES

[Captioner] 19:46:50
 LEND ITSELF TO

[Captioner] 19:46:54
 A MORE PRODUCTIVE
DISCUSSION.


[Captioner] 19:46:58
BUT AS MY COLLEAGUE RAFAEL JUST
MENTIONED, YOU KNOW, IT'S

[Captioner] 19:47:02
 REALLY
DIRECTLY FROM THE COUNCILMEMBERS, YOU

[Captioner] 19:47:05

KNOW, SEEKING YOUR COLLEAGUES' SUPPORT

[Captioner] 19:47:07

FOR WHATEVER IT IS YOU'RE TRYING TO
ACCOMPLISH.


[Captioner] 19:47:12
>> Councilmember Kassan: THANK YOU.
I JUST WOULD ENCOURAGE ANYONE WHO IS
DRAFTING

[Captioner] 19:47:15
 A REFERRAL TO MAKE SURE THAT
THE REFERRAL IS

[Captioner] 19:47:18
 ACTUALLY WHAT YOU WANT
TO TALK ABOUT, BECAUSE I FEEL LIKE WE'RE


[Captioner] 19:47:21
HAVING A BROWN ACT TRAINING TONIGHT
BASED ON A

[Captioner] 19:47:24
 REFERRAL THAT 

[Captioner] 19:47:28
 DIDN'T SEEM TO BE ABOUT BROWN ACT
TRAINING, SO I THINK THAT'S REALLY
IMPORTANT IN

[Captioner] 19:47:31
 TERMS OF ALERTING THE
PUBLIC AS TO WHAT WE'RE REQUESTING TO
ACTUALLY BE

[Captioner] 19:47:34
 TALKING ABOUT AT THE
MEETING, AND THAT IS THE BROWN ACT
ISSUE,

[Captioner] 19:47:37
 THE REFERRAL IS DIFFERENT FROM
WHAT'S INTENDED TO BE TALKED ABOUT.
THANK YOU.


[Captioner] 19:47:48
>> Mayor Mei: COUNCILMEMBER CAMPBELL,
DID YOU HAVE SOMETHING?
>> Councilmember Campbell: YES,

[Captioner] 19:47:51
 YES,
PLEASE.
MY QUESTIONS WERE SOMEWHAT IN

[Captioner] 19:47:54
 LINE WITH
COUNCILMEMBER

[Captioner] 19:47:57
 KASSAN, ESPECIALLY WHEN IT
CAME TO REFERRALS.


[Captioner] 19:48:01
WE'VE HAD -- I HAVEN'T BEEN ON THE
COUNCIL THAT LONG,

[Captioner] 19:48:05
 BUT FOR THE COUPLE
THAT I HAVE SEEN SO FAR, THERE WAS NO
REAL

[Captioner] 19:48:08
 ASK, SO WHAT ARE YOU ASKING ME

[Captioner] 19:48:12
 TO
TALK ABOUT?
WHAT ARE YOU ASKING ME TO

[Captioner] 19:48:15
 DO?
AND I'M WONDERING IF

[Captioner] 19:48:18
 WE COULD RECTIFY
THAT BY HAVING

[Captioner] 19:48:22
 A -- SORT OF A STANDARD
FORMAT FOR A REFERRAL.
YOU

[Captioner] 19:48:26
 KNOW, JUST LIKE AN ESSAY.
AN OPENING, A

[Captioner] 19:48:29
 MIDDLE, A CLOSING, AN ASK,

[Captioner] 19:48:32

AND THEN IT'S REALLY

[Captioner] 19:48:35
 CLEAR ON WHAT WE
WILL BE DISCUSSING,

[Captioner] 19:48:38
 WHAT WE MAY BE ASKED
TO DO, EVEN IF

[Captioner] 19:48:42
 IT COMES BACK

[Captioner] 19:48:45
 AS A FUTURE
AGENDA ITEM WITH ALL OF THE

[Captioner] 19:48:48
 STAFF
RESEARCH AND THAT KIND OF STUFF,

[Captioner] 19:48:51
 AT
LEAST WE'D KNOW WHAT TO EXPECT DOWN THE

[Captioner] 19:48:54

ROAD.
BUT WHAT WE'VE BEEN GETTING

[Captioner] 19:48:59
 DOESN'T GIVE
US ANY INDICATION OF

[Captioner] 19:49:02
 WHAT'S COMING.
WHAT IS THE

[Captioner] 19:49:05
 FORETELLING GOING TO LOOK
LIKE?
AND I THINK

[Captioner] 19:49:08
 THAT'S PRETTY MUCH WHAT I
WOULD AGREE

[Captioner] 19:49:11
 WITH COUNCILMEMBER KASSAN.
AND THEN

[Captioner] 19:49:15
 I HAD -- I'LL GIVE YOU A MOMENT
TO TELL ME IF THAT MAKES SENSE

[Captioner] 19:49:18
 OR NOT.
>> City Mgr. Shackelford:

[Captioner] 19:49:21
 YES, THAT
MAKES PERFECT SENSE.
WE DO HAVE A STANDARD FORM,

[Captioner] 19:49:24
 YOU'RE
CORRECT.
SOME OF THE REFERRALS THAT WE'VE SEEN


[Captioner] 19:49:27
LATELY HAVE GOTTEN AWAY FROM THAT
STANDARD FORM.
BUT

[Captioner] 19:49:31
 TYPICALLY COUNCIL REFERRALS SHOULD
LOOK VERY MUCH LIKE THE STAFF REPORTS

[Captioner] 19:49:35

THAT YOU RECEIVE.
A TITLE, AT LEAST

[Captioner] 19:49:39
 AN EXECUTIVE SUMMARY,
AND A RECOMMENDATION.
SO THOSE

[Captioner] 19:49:42
 THINGS SHOULD BE THERE AT A
MINIMUM.


[Captioner] 19:49:46
>> Cty. Attny. Alvarado: IF I MAY,
COUNCILMEMBER CAMPBELL, TO ADD ON TO

[Captioner] 19:49:49

CITY MANAGER SHACKELFORD'S

[Captioner] 19:49:52
 POINT, THE
COUNCIL HANDBOOK IS ACTUALLY PRETTY
SPECIFIC IN TERMS OF LANGUAGE,

[Captioner] 19:49:55
 AND IT
SAYS, AND I THINK IT'S WORTH READING,
THAT THE

[Captioner] 19:49:59
 SPONSORING COUNCILMEMBER SHALL
GIVE THE CITY MANAGER A BRIEF

[Captioner] 19:50:00

DESCRIPTION OF THE SUBJECT TO BE PRINTED


[Captioner] 19:50:04
IN THE AGENDA SUFFICIENT TO INFORM THE
CITY COUNCIL AND

[Captioner] 19:50:07
 THE PUBLIC OF THE
NATURE OF THE REFERRAL.
SO

[Captioner] 19:50:10
 THE HANDBOOK ACTUALLY, THROUGH THE
HANDBOOK THAT COUNCIL HAS

[Captioner] 19:50:12
 ACTUALLY
SPECIFIED THE MINIMUM REQUIREMENTS FOR


[Captioner] 19:50:15
PURPOSES OF REFERRALS.
>> Councilmember

[Captioner] 19:50:18
 Campbell: OKAY, THANK
YOU.
AND THEN THE THIRD BULLET

[Captioner] 19:50:22
 ON THAT
PRACTICE

[Captioner] 19:50:25
 TIP SLIDE SAYS

[Captioner] 19:50:28
 THAT REQUEST
STAFF TO REPORT BACK ON A

[Captioner] 19:50:31
 FUTURE AGENDA
-- ON A

[Captioner] 19:50:35
 FUTURE AGENDA.
SO IF -- I DON'T

[Captioner] 19:50:40
 KNOW, A COMMUNITY
MEMBER COMES UP

[Captioner] 19:50:43
 AND SAYS, JUST FOR THE
SAKE OF MY UNDERSTANDING,

[Captioner] 19:50:46
 I WANT YOU TO
PUT A PARK DOWN THE

[Captioner] 19:50:50
 STREET, AND WE'RE
LIKE THAT MIGHT BE A GREAT IDEA, STAFF,

[Captioner] 19:50:53

CAN YOU THEN BRING

[Captioner] 19:50:56
 BACK THE PROPOSAL OF
PUTTING THE PARK DOWN THE

[Captioner] 19:50:59
 STREET?
IS THAT WHAT THAT MEANS?
BECAUSE I KNOW I

[Captioner] 19:51:03
 TRIED TO DO THAT WHEN I
FIRST STARTED, AND I

[Captioner] 19:51:06
 WAS TOLD, OH, NO,
WE DON'T DO THAT.
SO

[Captioner] 19:51:09
 I JUST WASN'T SURE WHAT THE
PROCESS -- AND IT

[Captioner] 19:51:12
 WAS IN RESPONSE TO
SOMETHING THAT

[Captioner] 19:51:15
 COUNCILMEMBER KASSAN WAS
HAVING SOME CONFUSION ABOUT AND I SAID


[Captioner] 19:51:18
WELL, MAYBE WE COULD BRING THAT BACK AS
A DISCUSSION SO

[Captioner] 19:51:21
 THAT IT WOULD BRING HER
SOME CLARITY.


[Captioner] 19:51:24
AND BY ASKING FOR TO BE AN

[Captioner] 19:51:28
 AGENDA ITEM.
BECAUSE IT WASN'T PART OF THE ACTUAL
ITEM

[Captioner] 19:51:32
 THAT WAS BEFORE US.
SO I SAID, WELL, MAYBE WE CAN BRING IT


[Captioner] 19:51:34
BACK.
AND IT WAS LIKE, OH, NO, WE DON'T DO
THAT.


[Captioner] 19:51:37
SO I WASN'T SURE WHAT THAT PROCESS
REALLY LOOKS LIKE.


[Captioner] 19:51:42
>> Cty. Attny. Alvarado: CAN WE GO
BACK A SLIDE SO THE PUBLIC CAN SEE WHAT


[Captioner] 19:51:45
WE'RE REFERRING TO?
REQUEST STAFF TO REPORT BACK ON

[Captioner] 19:51:49
 A FUTURE
AGENDA.
SO A

[Captioner] 19:51:52
 REPORT BACK IS DIFFERENT THAN
ASKING STAFF

[Captioner] 19:51:55
 TO -- GETTING STAFF
DIRECTION ON A SPECIFIC PROJECT.
>> Councilmember Campbell: I

[Captioner] 19:51:58
 SEE.
>> Cty. Attny. Alvarado: THE BROWN ACT


[Captioner] 19:52:01
HERE IS INTENDED NOT TO PREVENT THE
COUNCIL FROM RECEIVING

[Captioner] 19:52:05
 INFORMATION.
SO WE SEE THIS OFTEN USED AT PUBLIC
AGENCIES WITH

[Captioner] 19:52:08
 RESPECT TO, LET'S SAY, LAW
ENFORCEMENT CONCERNS.
LET'S

[Captioner] 19:52:11
 SAY THERE'S A CONCERN ABOUT A
CRIME WAVE IN A CITY,

[Captioner] 19:52:14
 AND A LOT OF
MEMBERS OF THE PUBLIC COME OUT AND
EXPRESS

[Captioner] 19:52:18
 THEIR CONCERN.
THE COUNCIL USUALLY CAN'T RESPOND THAT

[Captioner] 19:52:21

EVENING.
SO THEY MAY SAY TO STAFF, WELL, CAN

[Captioner] 19:52:24
 YOU
LOOK INTO THAT AND REPORT BACK THE
RESULTS?


[Captioner] 19:52:27
AND THEN AT A FUTURE COUNCIL MEETING,
STAFF CAN REPORT

[Captioner] 19:52:30
 THAT BACK.
THAT'S A DIFFERENT

[Captioner] 19:52:33
 WEIGHT OF A PROJECT
THAN TO SAY TO A CITY

[Captioner] 19:52:37
 MANAGER, BRING US
BACK INFORMATION ABOUT

[Captioner] 19:52:40
 THAT LAND USE
CONCERN BECAUSE THAT'S ESSENTIALLY A
PROJECT AND

[Captioner] 19:52:43
 THAT'S SUBSTANTIVELY MORE
CHALLENGING AND

[Captioner] 19:52:46
 REQUIRES MORE, AND MY
UNDERSTANDING IS THAT THE PRACTICE IS
THAT THAT'S NOT THE WAY

[Captioner] 19:52:50
 THAT WE
COMMUNICATE WITH CITY STAFF ON HOW

[Captioner] 19:52:53
 TO
AGENDIZE A PROJECT.
>> Councilmember

[Captioner] 19:52:56
 Campbell: AND I
UNDERSTAND THAT THIS IS

[Captioner] 19:52:59
 BASED ON THE
BROWN ACT AS A

[Captioner] 19:53:03
 LAW, THAT WE HAVE TO SORT
OF FOLLOW, BUT

[Captioner] 19:53:06
 HOW DO WE, IN LIGHT OF

[Captioner] 19:53:09

THAT, ALLOW SPACE FOR US TO BE ABLE TO


[Captioner] 19:53:12
ASK FOR AN ITEM TO COME ON AN AGENDA?


[Captioner] 19:53:22
>> City Mgr. Shackelford: SO A COUPLE
OF DIFFERENT WAYS.
ONE, IF

[Captioner] 19:53:26
 IT'S A MEATY TOPIC OR PROJECT,
THEN THAT WOULD

[Captioner] 19:53:29
 BE THROUGH THE COUNCIL
REFERRAL PROCESS.


[Captioner] 19:53:33
THE FORMAL COUNCIL REFERRAL PROCESS.
BECAUSE

[Captioner] 19:53:36
 ESSENTIALLY, WHAT YOU'D BE
ASKING OF STAFF IS TO

[Captioner] 19:53:39
 ADD A WORK ITEM TO

[Captioner] 19:53:42

THEIR ALREADY DEVELOPED WORK PLAN THAT


[Captioner] 19:53:46
IS PRIMARILY GENERATED FROM THE RETREAT,
OUR ANNUAL

[Captioner] 19:53:49
 RETREAT.
SO THAT'S HOW YOU GET A

[Captioner] 19:53:53
 MEATIER PROJECT
ON THE COUNCIL AGENDA.
AND THEN ALL

[Captioner] 19:53:56
 OF YOUR COLLEAGUES WILL
HAVE AN OPPORTUNITY TO SAY YES,

[Captioner] 19:53:59
 WE WANT
TO KNOW MORE ABOUT THAT, OR, YOU KNOW,

[Captioner] 19:54:02

NO, WE DON'T.
SO IF A MAJORITY OF YOU DECIDE THAT


[Captioner] 19:54:06
THAT'S SOMETHING THAT NEEDS TO BE ADDED
TO THE WORK PLAN OR AT

[Captioner] 19:54:09
 LEAST EVALUATED
TO BE ADDED AT A FUTURE

[Captioner] 19:54:12
 DATE, THEN YOU
WOULD USE THE FORMAL COUNCIL

[Captioner] 19:54:15
 REFERRAL
PROCESS.
IF SOMEONE

[Captioner] 19:54:19
 COMES IN DURING PUBLIC
COMMENT

[Captioner] 19:54:23
 AND, YOU KNOW, MAYBE THEY WANT
TO KNOW,

[Captioner] 19:54:26
 YOU KNOW, HAVE A QUICK QUESTION
ABOUT

[Captioner] 19:54:29
 THE -- A HOMELESS AREA OR
SOMETHING LIKE THAT,

[Captioner] 19:54:32
 IT'S NOT UNCOMMON
FOR YOU ALL TO SAY CAN YOU

[Captioner] 19:54:35
 FOLLOW UP
WITH THAT INDIVIDUAL OR CAN WE

[Captioner] 19:54:38
 HAVE A
RESPONSE TO THAT AT THE NEXT COUNCIL
MEETING?


[Captioner] 19:54:42
BECAUSE THAT'S SOMETHING THAT WE'RE
TYPICALLY ALREADY WORKING

[Captioner] 19:54:46
 ON, AND SO
IT'S NOT AS HEAVY OF A LIFT.


[Captioner] 19:54:54
>> Councilmember Campbell: THANK YOU.


[Captioner] 19:55:03
>> Cty. Attny. Alvarado: IF THERE'S NO
ADDITIONAL QUESTIONS ON THIS SECTION,
WE'LL MOVE ON

[Captioner] 19:55:06
 TO PUBLIC COMMENT.
ONE OF THE PURPOSES OF THE BROWN ACT

[Captioner] 19:55:09
 IS
TO OFFER THE PUBLIC AN OPPORTUNITY TO
PARTICIPATE AT

[Captioner] 19:55:13
 MEETINGS, SO THE COUNCIL
IS WELL AWARE.
AND THE WAY LOCAL

[Captioner] 19:55:17
 AGENCIES MEET THIS
PURPOSE IS TO FOLLOW THE RULES OF THE

[Captioner] 19:55:19

ROAD WITH RESPECT TO PUBLIC COMMENT.
SO LET'S GO OVER THOSE RULES.


[Captioner] 19:55:27
THE PUBLIC MUST BE ALLOWED TO COMMENT ON

[Captioner] 19:55:29

AGENDIZED ITEMS.
THAT'S PRETTY STRAIGHTFORWARD.


[Captioner] 19:55:33
AND THE PUBLIC MUST ALSO BE ALLOWED TO
COMMENT ON

[Captioner] 19:55:37
 NON-AGENDIZED ITEMS AT
REGULAR MEETINGS.
THIS WAS ACTUALLY

[Captioner] 19:55:40
 ONE OF THE SUBJECT
MATTERS OF A PUBLIC COMMENT WE RECEIVED

[Captioner] 19:55:44

TODAY, BECAUSE IT'S TRUE THAT SPECIAL
MEETINGS OF THE CITY

[Captioner] 19:55:47
 COUNCIL DO NOT
REQUIRE PUBLIC FORUM.
AT

[Captioner] 19:55:50
 SPECIAL MEETINGS, THE PUBLIC IS
REQUIRED TO -- WE

[Captioner] 19:55:53
 CAN REQUIRE THAT THE
PUBLIC ONLY SPEAK TO ITEMS THAT ARE ON


[Captioner] 19:55:57
THE AGENDA, SO TYPICALLY OUR SPECIAL
MEETING AGENDAS DO NOT HAVE A

[Captioner] 19:56:00
 PUBLIC
FORUM SECTION.
THE CITY COUNCIL

[Captioner] 19:56:03
 CAN IMPLEMENT TIME
LIMITS ON PUBLIC COMMENT.
WE DO THAT

[Captioner] 19:56:06
 HERE WITH A GENEROUS
3 MINUTES.
IT'S NOT UNCOMMON FOR OTHER

[Captioner] 19:56:09
 AGENCIES TO
LIMIT COMMENTS TO 2 MINUTES, SOMETIMES


[Captioner] 19:56:12
1, DEPENDING ON NEED.
BUT THE IMPORTANT PART THERE IS THAT

[Captioner] 19:56:16
 ANY
TIME LIMIT BE REASONABLE AND IT BE
EMPLOY

[Captioner] 19:56:20
ED EVENLY ACROSS PUBLIC
PARTICIPANTS.
AND

[Captioner] 19:56:23
 LASTLY, DISRUPTIVE BEHAVIOR NEED NOT
BE PERMITTED BUT A

[Captioner] 19:56:26
 LEGISLATIVE BODY MAY
NOT PROHIBIT PUBLIC CRITICISM.


[Captioner] 19:56:30
THAT'S PART OF PUBLIC

[Captioner] 19:56:33
 LIFE, AND BEING A

[Captioner] 19:56:37

PUBLIC MEMBER OF A LEGISLATIVE BODY.
THAT'S NOT TO SAY

[Captioner] 19:56:39
 THERE'S NO LIMITS, AND
WE'RE GOING TO DISCUSS WHAT THOSE LIMITS


[Captioner] 19:56:42
ARE IN THE NEXT SLIDE.


[Captioner] 19:56:51
THIS PAST YEAR, 2022, THE STATE ADOPTED

[Captioner] 19:56:54

SB1100, AND SB1100 IS INTENDED TO
ADDRESS

[Captioner] 19:56:58
 DISRUPTIVE BEHAVIOR AT PUBLIC
MEETINGS.
WHAT IT DOES IS

[Captioner] 19:57:01
 IT AUTHORIZES REMOVAL OF
AN INDIVIDUAL FOR

[Captioner] 19:57:04
 DISRUPTIVE BEHAVIOR
DURING CITY COUNCIL MEETINGS.
BUT IT

[Captioner] 19:57:07
 DEFINES WHAT DISRUPTIVE MEANS.
AND THE CONTEXT OF THE LEGISLATION.


[Captioner] 19:57:11
AND IT SAYS THAT DISRUPTIVE BEHAVIOR IS
BEHAVIOR THAT

[Captioner] 19:57:14
 ACTUALLY DISTURBS,
DISRUPTS, IMPEDES, OR

[Captioner] 19:57:17
 RENDERS INFEASIBLE
THE ORDERLY CONDUCT OF THE MEETING.


[Captioner] 19:57:21
SO AGAIN, IT'S NOT JUST PUBLIC
CRITICISM.
IT ACTUALLY HAS

[Captioner] 19:57:25
 TO IMPEDE THE ORDER OF
MEETINGS.


[Captioner] 19:57:28
AND BEFORE THE PERSON IS REMOVED, THIS

[Captioner] 19:57:30

LEGISLATION REQUIRES THAT A WARNING BE


[Captioner] 19:57:34
GIVEN TO THAT INDIVIDUAL.
THIS IS A NEW REQUIREMENT UNDER THE

[Captioner] 19:57:37
 LAW.
PRIOR TO THIS LEGISLATION, THERE WAS

[Captioner] 19:57:41

CASE LAW, COMMON LAW, THAT ALLOWED

[Captioner] 19:57:43

REMOVAL WITHOUT A WARNING AND NOW THAT


[Captioner] 19:57:46
IS NOT ALLOWED.
SO BEFORE WE REMOVE SOMEONE, WE HAVE TO


[Captioner] 19:57:50
NOTIFY THEM THAT THEY ARE ENGAGING IN
DISRUPTIVE

[Captioner] 19:57:53
 BEHAVIOR, AND THAT THEY ARE
AT RISK OF BEING REMOVED FROM THE

[Captioner] 19:57:56

COUNCIL CHAMBERS.


[Captioner] 19:58:05
SO THAT WAS A BRIEF LEGISLATIVE UPDATE
ABOUT PUBLIC COMMENTS.


[Captioner] 19:58:11
SO MOVING ON TO TELECONFERENCES IF
THERE'S NO QUESTIONS

[Captioner] 19:58:12
 REGARDING --
>> Councilmember Campbell: ONE QUICK
QUESTION.


[Captioner] 19:58:16
>> Cty. Attny. Alvarado: SURE.
YES.
>> Councilmember Campbell: IN TERMS OF

[Captioner] 19:58:19

WARNING, IS THAT -- I'VE BEEN IN

[Captioner] 19:58:22
 SOME
DISRUPTIVE MEETINGS BEFORE.
IS THAT ONE WARNING, TWO

[Captioner] 19:58:25
 WARNINGS, THREE
STRIKES YOU'RE OUT?
HOW DOES THAT WORK?


[Captioner] 19:58:30
DOES THE COUNCIL GET TO

[Captioner] 19:58:34
 DETERMINE WITH
THE CITY MANAGER AND THE MAYOR HOW MANY

[Captioner] 19:58:37

WARNINGS WE GIVE BEFORE

[Captioner] 19:58:40
 WE DISMISS THE
PERSON?
>> Cty. Attny. Alvarado: THE


[Captioner] 19:58:44
LEGISLATION JUST SAYS "A WARNING."
SO ONLY ONE IS REQUIRED.


[Captioner] 19:58:47
SO WHAT YOU NEED IS

[Captioner] 19:58:51
 DISRUPTIVE BEHAVIOR
THAT MEETS THE DEFINITION, AND A

[Captioner] 19:58:53
 WARNING
THAT THAT DISRUPTIVE BEHAVIOR MAY RESULT


[Captioner] 19:58:57
IN THE REMOVAL OF THAT INDIVIDUAL DUE TO
THAT BEHAVIOR.


[Captioner] 19:59:01
>> Councilmember Campbell: MAY RESULT
OR WILL RESULT?
>> Cty. Attny.

[Captioner] 19:59:04
 Alvarado: EITHER IS
ACCEPTABLE.
AS LONG AS YOU GIVE THE WARNING, AFTER

[Captioner] 19:59:07

THAT POINT, IF THE DISRUPTIVE BEHAVIOR


[Captioner] 19:59:09
CONTINUES, THE PERSON CAN BE REMOVED.
>> Councilmember Campbell: OKAY.
THANK YOU.


[Captioner] 19:59:19
>> Councilmember Shao: I WOULD HAVE A
VERIFICATION THAT DURING THE

[Captioner] 19:59:22
 PUBLIC
COMMENT PERIOD, A PUBLIC MEMBER DOES

[Captioner] 19:59:26
 NOT
NEED TO DISCLOSE HIS

[Captioner] 19:59:29
 OR HER NAME, DOES
NOT NEED

[Captioner] 19:59:32
 TO EVEN CONFIRM WHETHER HE

[Captioner] 19:59:35
 OR
SHE IS A RESIDENT

[Captioner] 19:59:39
 IN THE LOCAL
JURISDICTION AREA, LIKE SAY IN THE CITY

[Captioner] 19:59:43

OF FREMONT, AND

[Captioner] 19:59:46
 STILL, HE ENJOYS THE
RIGHT TO MAKE A

[Captioner] 19:59:49
 PUBLIC COMMENT AS
OTHERS, AS LONG AS HE OR

[Captioner] 19:59:52
 SHE FOLLOWS THE

[Captioner] 19:59:56

PRESET, FOR EXAMPLE, TIME LIMITS AND

[Captioner] 20:00:00

OTHER BEHAVIORAL POLICIES.
IS

[Captioner] 20:00:03
 THAT CORRECT?
>> Cty. Attny. Alvarado: YES.


[Captioner] 20:00:11
>> Mayor Mei: THANK YOU.
I DON'T SEE OTHER QUESTIONS AT THIS
TIME.


[Captioner] 20:00:21
[INAUDIBLE]
>> Mayor Mei: I APOLOGIZE.


[Captioner] 20:00:24
WE WILL HAVE COMMENTS FOR THE PUBLIC

[Captioner] 20:00:26

UNDER -- AFTER WE'RE FINISHED WITH THE


[Captioner] 20:00:31
PRESENTATIONS.
BUT WE DON'T -- FOR COUNCIL MEETINGS

[Captioner] 20:00:34
,
HAVE COMMENT OR DIRECT INTERACTIONS WITH


[Captioner] 20:00:37
THE PUBLIC DURING THE MEETING.
UNLESS IT'S UNDER PUBLIC COMMENT.


[Captioner] 20:00:41
>> Cty. Attny. Alvarado: MY
RECOMMENDATION IS WE ALLOW THE PUBLIC TO


[Captioner] 20:00:44
MAKE COMMENTS AT THE CONCLUSION OF THE
PRESENTATION.


[Captioner] 20:00:49
>> Mayor Mei: OKAY, THANK YOU.
>> Cty. Attny. Alvarado: THANK YOU,
MAYOR.


[Captioner] 20:00:52
WE'LL MOVE ON TO 
TELECONFERENCES.
THE

[Captioner] 20:00:55
 WORLD HAS CERTAINLY CHANGED IN THIS
COVID PANDEMIC

[Captioner] 20:00:59
 ENVIRONMENT, AND STATE
LAW HAS ADAPTED TO MEET THE NEEDS

[Captioner] 20:01:02
 OF THE
CHANGED WORLD.
FOR THE PAST YEAR AND A

[Captioner] 20:01:05
 HALF, WE'VE BEEN
OPERATING CITY COUNCIL MEETINGS UNDER

[Captioner] 20:01:08

LEGISLATION KNOWN AS AB361.
YOU MAY SEE THE

[Captioner] 20:01:12
 STAFF REPORT EVERY MONTH
RE-AUTHORIZING VIRTUAL

[Captioner] 20:01:16
 MEETINGS IN ORDER
TO ALLOW US

[Captioner] 20:01:19
 TO MEET VIRTUALLY, AND THIS
HAS

[Captioner] 20:01:22
 ALLOWED LOCAL PUBLIC AGENCIES
BASICALLY TO USE

[Captioner] 20:01:25
 TELECONFERENCING
EXCLUSIVELY.
HOWEVER, THE STATE OF CALIFORNIA'S 

[Captioner] 20:01:28
STATE
OF EMERGENCY WILL END THIS MONTH.
WHICH MEANS THAT WE WILL

[Captioner] 20:01:31
 NO LONGER BE
ABLE TO RELY ON

[Captioner] 20:01:34
  AB361 TO CONDUCT
VIRTUAL MEETINGS AND, IN FACT, WE'RE

[Captioner] 20:01:36

MEETING HERE TODAY, SO IN A SENSE, WE'RE


[Captioner] 20:01:39
NOT ONLY USING AB361 AS OUR AUTHORITY.


[Captioner] 20:01:43
BUT WE'RE GOING TO DISCUSS THE CHANGES
IN THE TELECONFERENCING

[Captioner] 20:01:46
 RULES.


[Captioner] 20:01:49
SO LET'S START WITH THE TRADITIONAL
RULE.
THIS IS

[Captioner] 20:01:52
 THE PRE-PANDEMIC BROWN ACT

[Captioner] 20:01:56

TELECONFERENCING RULE.
THE BROWN ACT ALLOWS

[Captioner] 20:01:58
 TELECONFERENCING IF
CERTAIN STATUTORY REQUIREMENTS ARE MET.


[Captioner] 20:02:02
SO WHAT ARE THOSE REQUIREMENTS?


[Captioner] 20:02:09
WELL, UNDER TRADITIONAL BROWN ACT RULES,
COUNCIL

[Captioner] 20:02:12
 QUORUM MUST BE PRESENT IN THE
CITY OF FREMONT.
THAT

[Captioner] 20:02:15
 MEANS A MAJORITY OF THE BODY HAS TO
BE PRESENT IN FREMONT.


[Captioner] 20:02:18
THE AGENDA MUST BE POSTED AT EACH

[Captioner] 20:02:22

TELECONFERENCE LOCATION AND INCLUDE A

[Captioner] 20:02:25

FULL TELECONFERENCE ADDRESS AND EACH
TELECONFERENCE LOCATION MUST

[Captioner] 20:02:28
 BE
ACCESSIBLE TO THE PUBLIC AND HAVE
TECHNOLOGY TO

[Captioner] 20:02:32
 ENABLE PUBLIC
PARTICIPATION.
SO OFTEN THIS WOULD COME

[Captioner] 20:02:35
 UP
PRE-PANDEMIC, WHEN LET'S SAY A
COUNCILMEMBER MAY BE

[Captioner] 20:02:38
 ATTENDING A
CONFERENCE.
AND MAY STILL DESIRE TO

[Captioner] 20:02:42
 PARTICIPATE AT A
CITY COUNCIL MEETING.
AND UNDER THESE TRADITIONAL

[Captioner] 20:02:45
 RULES, A
COUNCILMEMBER THAT DESIRED

[Captioner] 20:02:47
 TO
PARTICIPATE REMOTELY WOULD ACTUALLY HAVE


[Captioner] 20:02:51
TO POST THE AGENDA OUTSIDE OF THEIR
DOOR,

[Captioner] 20:02:54
 WHEREVER -- LET'S SAY IT WAS THE
HOTEL CONFERENCE ROOM.
THEY WOULD HAVE TO

[Captioner] 20:02:57
 LIST THE ADDRESS,
THEN THE LOCATION, AND THEY WOULD HAVE


[Captioner] 20:03:00
TO ALLOW MEMBERS OF THE PUBLIC TO COME
IN AND TO

[Captioner] 20:03:03
 PARTICIPATE FROM THAT
LOCATION.
SO THESE WERE PRETTY

[Captioner] 20:03:06
 STRINGENT STANDARDS.


[Captioner] 20:03:27
SO WE HAVE NEW LEGISLATION

[Captioner] 20:03:30
 THAT HAS
CREATED

[Captioner] 20:03:34
 ANOTHER TEMPORARY EXEMPTION FROM
THESE TRADITIONAL BROWN ACT
REQUIREMENTS.


[Captioner] 20:03:38
LAST YEAR, THE STATE ADOPTED AB

[Captioner] 20:03:41
 AB2449,
WHICH ALLOWS

[Captioner] 20:03:45
 TELECONFERENCING BUT
CHANGES HOW THAT OCCURS

[Captioner] 20:03:48
 BETWEEN HERE AND
WHEN IT SUNSETS AT THE

[Captioner] 20:03:51
 BEGINNING OF
2026.
SO NOW THE RULES FOR

[Captioner] 20:03:55
 TELECONFERENCING
ARE THAT, AGAIN,

[Captioner] 20:03:58
 A COUNCIL QUORUM MUST
BE PRESENT WITHIN THE CITY OF FREMONT.


[Captioner] 20:04:01
THAT'S SIMILAR TO THE TRADITIONAL RULE.


[Captioner] 20:04:04
THE COUNCIL MEETING MUST OCCUR VIA
TWO-WAY

[Captioner] 20:04:07
 AUDIO-VISUAL PLATFORM OR TWO-WAY
TELEPHONIC SERVICE, AND

[Captioner] 20:04:11
 LIVE
WEBCASTING.
BUT THE TELECONFERENCE

[Captioner] 20:04:14
 LOCATION IS NOT
REQUIRED TO BE NOTICED OR

[Captioner] 20:04:16
 PUBLICLY
ACCESSIBLE.
SO THAT'S A BIT OF A CHANGE.


[Captioner] 20:04:24
HOWEVER, THERE'S ONLY TWO CIRCUMSTANCES
IN WHICH A COUNCILMEMBER

[Captioner] 20:04:27
 MAY USE
AB2449 TO PARTICIPATE REMOTELY.


[Captioner] 20:04:31
AND THAT'S FOR JUST CAUSE AND FOR
EMERGENCY

[Captioner] 20:04:35
 CIRCUMSTANCES.


[Captioner] 20:04:41
SO LET'S GO OVER THE DEFINITION OF JUST
CAUSE.


[Captioner] 20:04:45
JUST CAUSE UNDER THE STATUTE IS
BASICALLY FOUR

[Captioner] 20:04:49
 REASONS.
A FAMILY CHILD CARE OR

[Captioner] 20:04:53
 CAREGIVING NEED,
A CONTAGIOUS ILLNESS, A NEED RELATED TO


[Captioner] 20:04:56
A PHYSICAL OR MENTAL DISABILITY THAT
CANNOT BE ACCOMMODATED, MAYBE

[Captioner] 20:05:00
 MEANING IT
CAN'T BE ACCOMMODATED IN

[Captioner] 20:05:03
 CHAMBERS, OR
TRAVEL WHILE ON OFFICIAL BUSINESS.
IN THIS

[Captioner] 20:05:06
 CIRCUMSTANCE, A COUNCILMEMBER
MUST NOTIFY THE CITY COUNCIL AT THE

[Captioner] 20:05:10

EARLIEST OPPORTUNITY AND PROVIDE A
GENERAL DESCRIPTION OF THE JUST 

[Captioner] 20:05:12
CAUSE,
SO YOU HAVE TO ACTUALLY NOTIFY THE CITY


[Captioner] 20:05:14
COUNCIL WHICH ONE OF THESE CATEGORIES IT
FITS INTO.


[Captioner] 20:05:19
AND YOU'RE LIMITED TO USING JUST CAUSE
TO TWICE A YEAR.


[Captioner] 20:05:22
SO THERE'S A NUMBER LIMIT.


[Captioner] 20:05:25
LET'S MOVE ON TO EMERGENCY
CIRCUMSTANCES.


[Captioner] 20:05:30
AN EMERGENCY CIRCUMSTANCE UNDER
AB2449 IS A

[Captioner] 20:05:34
 FAMILY OR -- PHYSICAL OR
FAMILY EMERGENCY THAT

[Captioner] 20:05:36
 PREVENTS THE
COUNCILMEMBER FROM ATTENDING IN PERSON.


[Captioner] 20:05:40
NOW, THIS CAUSE IS DIFFERENT IN

[Captioner] 20:05:44
 TERMS OF
THE REQUIREMENT FOR A MEMBER TO

[Captioner] 20:05:47
 USE AN
EMERGENCY CIRCUMSTANCE AS THE BASIS TO

[Captioner] 20:05:49

TELECONFERENCE, BASICALLY WE HAVE TO --


[Captioner] 20:05:52
THE INDIVIDUAL MUST GET CITY COUNCIL
PERMISSION.


[Captioner] 20:05:55
THE CITY COUNCIL AS A BODY -- THE CITY
COUNCILMEMBER MUST REQUEST

[Captioner] 20:05:58
 APPROVAL FROM
THE CITY COUNCIL TO PARTICIPATE
REMOTELY.


[Captioner] 20:06:02
SO THAT MEANS THAT AT THE TOP OF THE
MEETING, THE COUNCIL

[Captioner] 20:06:05
 WOULD TAKE A VOTE
ON THE REQUEST.


[Captioner] 20:06:09
TELECONFERENCE UNDER THIS RULE CANNOT BE
ALLOWED --

[Captioner] 20:06:12
 CANNOT BE USED FOR MORE THAN
THREE CONSECUTIVE MONTHS AND

[Captioner] 20:06:16
 OVERALL,
ANY REASON CAN'T BE USED MORE THAN 20%


[Captioner] 20:06:19
OF THE MEETINGS WITHIN THE CALENDAR
YEAR, BOTH JUST CAUSE AND EMERGENCY

[Captioner] 20:06:23

CIRCUMSTANCES.


[Captioner] 20:06:29
ANY QUESTIONS?


[Captioner] 20:06:33
>> Mayor Mei: COUNCILMEMBER COX.


[Captioner] 20:06:37
>> Councilmember Cox: THANK YOU.


[Captioner] 20:06:43
I WANTED TO FIND OUT, ON THE JUST

[Captioner] 20:06:47
 CAUSE,
WHAT WAS SET UP TO BE FOR TWO MEETINGS

[Captioner] 20:06:50

PER YEAR?
FOR SOMETHING IN THAT SCENARIO?


[Captioner] 20:06:54
>> Cty. Attny. Alvarado: WHY IS THERE
A NUMBER LIMIT?
IS THAT THE QUESTION?


[Captioner] 20:06:57
>> Councilmember Cox: YEAH, BECAUSE IT
JUST SEEMS QUITE

[Captioner] 20:07:01
 LIMITED, YOU KIND OF
THINK IT WOULD HAVE

[Captioner] 20:07:04
 BEEN QUARTERLY OR
SOMETHING TO THAT EFFECT.
I'VE HEARD IT BEFORE IN THE PAST, IN

[Captioner] 20:07:06

DEALING WITH OTHER MATTERS WITH THE
CITY.


[Captioner] 20:07:10
BUT YOU KNOW, JUST -- IT JUST SEEMS
QUITE

[Captioner] 20:07:13
 LIMITING IN THAT REGARDS, AND IF
THEY'RE GOING TO ENCOURAGE MORE

[Captioner] 20:07:17
 WOMEN TO
PARTICIPATE IN THESE TYPE

[Captioner] 20:07:20
 OF, YOU KNOW,
BOARD MEETINGS THAT ARE REQUIRING, YOU

[Captioner] 20:07:23

KNOW, ATTENDANCE, IT WILL

[Captioner] 20:07:26
 DEFINITELY
FALL UPON A SPECIFIC GENDER OR THOSE
THAT ARE JUST BASICALLY

[Captioner] 20:07:29
 MEN OR WOMEN
THAT ARE TAKING CARE

[Captioner] 20:07:32
 OF THEIR CHILDREN.
IN THIS

[Captioner] 20:07:35
 CASE.
THIS IS SENDING A MESSAGE OF SOMETHING


[Captioner] 20:07:38
DIFFERENT THERE.


[Captioner] 20:07:41
>> Cty. Attny. Alvarado: THE
LEGISLATION IS CLEAR THAT THE INTENT IS


[Captioner] 20:07:44
TO TRY TO BRING COUNCILMEMBERS BACK
CLOSER TO TRADITIONAL

[Captioner] 20:07:47
 RULES.
AND THIS IS BASICALLY

[Captioner] 20:07:51
 A INTERIM MEASURE
BEFORE WE GO BACK TO FULLY TRADITIONAL

[Captioner] 20:07:55

RULES.
THE LEGISLATURE

[Captioner] 20:07:58
 COULD HAVE DONE MANY
THINGS, INCLUDING PROVIDING MORE
FLEXIBILITY

[Captioner] 20:08:02
 REGARDING TELECONFERENCING.
I MEAN, FRANKLY THERE'S NO

[Captioner] 20:08:05
 REASON WHY IT
COULDN'T HAVE SAID WE'RE GOING TO
CONTINUE ALLOWING

[Captioner] 20:08:08
 AB361 FOR ANOTHER SIX
MONTHS.
I MEAN, ANYTHING COULD HAVE HAPPENED.


[Captioner] 20:08:14
BUT IT WAS CLEAR THAT THEY WANTED TO
MOVE FORWARD BACK TOWARDS IN-PERSON

[Captioner] 20:08:16

MEETINGS IN ORDER TO CONNECT THE PUBLIC


[Captioner] 20:08:19
WITH COUNCILS.
AND WITH LEGISLATIVE BODIES THROUGHOUT


[Captioner] 20:08:23
THE STATE.
>> Councilmember Cox: MY QUESTION IS
NOT DIRECTLY AT

[Captioner] 20:08:26
 YOU, I JUST KIND OF
UNDERSTAND THAT THERE WAS SOME DIFFERENT

[Captioner] 20:08:29

BACKGROUND IN THAT REGARDS.
AND I GUESS IT'S KIND

[Captioner] 20:08:32
 OF THE -- AT LEAST
THERE'S A

[Captioner] 20:08:36
 TWO-WAY IN AUDIO THAT THOSE
ARE DISABLED IN TERMS OF CHALLENGED

[Captioner] 20:08:39
 IF
THEY'RE -- WE HAVE A LOT OF STUDENTS
THAT ATTEND THE

[Captioner] 20:08:42
 CALIFORNIA DEAF AND
BLIND, THAT THEY WOULD BE ABLE TO STILL

[Captioner] 20:08:47

ASSESS IT, OUR MEETINGS, THROUGH THE

[Captioner] 20:08:51

AUDIO PLATFORM.
SO THAT PART IS

[Captioner] 20:08:54
 HELPFUL IN THAT REGARDS,
BUT AGAIN, IT'S LIMITED.


[Captioner] 20:09:08
>> Councilmember Campbell: I HAVE A
QUICK QUESTION.
HOW ARE THEY DEFINING

[Captioner] 20:09:11
 "OFFICIAL
BUSINESS"?
IS THAT GOVERNMENT BUSINESS,

[Captioner] 20:09:15
 PERSONAL,
WORK BUSINESS?
>> Cty. Attny. Alvarado: OFFICIAL CITY

[Captioner] 20:09:16

BUSINESS.
>> Councilmember Campbell: CITY


[Captioner] 20:09:20
BUSINESS.
OKAY.
>> Mayor Mei: THANK

[Captioner] 20:09:23
 YOU, COUNCILMEMBER
CAMPBELL, FOR ASKING THAT QUESTION.
WE HAD A SIMILAR

[Captioner] 20:09:26
 DISCUSSION AT ACTC AND
SOME OF THE OTHER COMMISSIONS I SIT ON.


[Captioner] 20:09:30
MY UNDERSTANDING IS THAT SO LONG AS
YOU'RE REPRESENTING AN

[Captioner] 20:09:33
 AGENCY ON BEHALF
OF THE CITY OR WHOEVER, AND IN THIS
CASE, OUR CITY, SO IF

[Captioner] 20:09:36
 I WAS AT LIKE FOR
EXAMPLE THEY GAVE THE EXAMPLE OF

[Captioner] 20:09:40
 NLC OR
ACTC OR THOSE TYPES OF MEETINGS WHERE

[Captioner] 20:09:43

YOU'RE REPRESENTING THE AGENCY THAT
YOU'RE MISSING THE MEETING FOR.


[Captioner] 20:09:50
IF THAT'S A CORRECT CLARIFICATION.


[Captioner] 20:09:55
COUNCILMEMBER COX?


[Captioner] 20:09:59
>> Councilmember Cox: YES, I HAD
ANOTHER QUESTION, AND

[Captioner] 20:10:02
 WHAT IF YOU'RE ON
MULTIPLE AGENCIES, IF YOU'RE

[Captioner] 20:10:05

REPRESENTING STATE, FEDERAL, AND COUNTY


[Captioner] 20:10:08
AND CITY?
WHAT DO YOU DO?


[Captioner] 20:10:12
>> Cty. Attny. Alvarado: THE ANSWER
IS, I'M NOT SURE.
BECAUSE THIS

[Captioner] 20:10:16
 LEGISLATION IS SO NEW AND
IT HASN'T BEEN

[Captioner] 20:10:19
 TESTED IN ANY WAY.
THAT IT HARD TO

[Captioner] 20:10:22
 SAY FOR CERTAIN.
IN TERMS OF HOW THAT CALCULATION WORKS


[Captioner] 20:10:24
OUT.
BUT I THINK THAT THE WAY IT'S INTENDED


[Captioner] 20:10:27
IS THAT WE CALCULATE IT BASED UPON YOUR
SERVICE AS A

[Captioner] 20:10:30
 CITY COUNCILMEMBER.


[Captioner] 20:10:34
>> Mayor Mei: I WANTED TO NOTE THAT I
SAW THAT RECENTLY.
WE HAVE AN

[Captioner] 20:10:37
 INDIVIDUAL WHO REPRESENTS A
COUNTY ALSO THAT REPRESENTS A

[Captioner] 20:10:39
 COMMISSION
THAT I SERVE ON, AND HE STEPPED OUT OF


[Captioner] 20:10:43
ONE MEETING TO ATTEND THE OTHER
VIRTUALLY, BUT IT WAS NOTICED

[Captioner] 20:10:46
 AND GIVEN
INFORMATION FOR THAT.


[Captioner] 20:10:51
BUT I DON'T KNOW WHAT HAPPENS, WE
HAVEN'T BEEN ABLE

[Captioner] 20:10:54
 TO CLONE OURSELVES YET
SO THAT WOULD NOT BE THE CASE.


[Captioner] 20:11:01
I SEE NO OTHER QUESTIONS AT THIS TIME.
>> Cty. Attny. Alvarado: OKAY.


[Captioner] 20:11:04
THEN LET'S MOVE ON TO THE NEXT SUBJECT,
WHICH IS CLOSED

[Captioner] 20:11:07
 SESSION.
A

[Captioner] 20:11:10
 CLOSED SESSION MEETING IS A MEETING OF
THE

[Captioner] 20:11:13
 LEGISLATIVE BODY CONDUCTED IN
PRIVATE

[Captioner] 20:11:16
 WITHOUT THE ATTENDANCE OF THE
PRESS OR THE PUBLIC.
WELL, THE PUBLIC

[Captioner] 20:11:19
 OR THE PRESS.
THE MOST COMMON PURPOSE

[Captioner] 20:11:23
 OF CLOSED
SESSION MEETINGS ARE TO AVOID

[Captioner] 20:11:26
 REVEALING
CONFIDENTIAL INFORMATION, TO GIVE THE
CITY COUNCIL AN OPPORTUNITY TO

[Captioner] 20:11:29
 DISCUSS
CONFIDENTIAL INFORMATION WITHOUT IT
BEING DISCLOSED.


[Captioner] 20:11:32
AND THIS IS IN ORDER TO NOT PREJUDICE
THE CITY'S POSITION

[Captioner] 20:11:36
 WITH RESPECT TO
LABOR NEGOTIATIONS OR REAL

[Captioner] 20:11:39
 ESTATE
NEGOTIATIONS,

[Captioner] 20:11:42
 SETTLEMENT NEGOTIATIONS IN
LAWSUITS OR COMPROMISE THE

[Captioner] 20:11:45
 PRIVACY AND
INTERESTS OF EMPLOYEES THAT ARE SUBJECT


[Captioner] 20:11:49
TO CITY COUNCIL REVIEW.
FOR EXAMPLE, THE CITY MANAGER AND CITY

[Captioner] 20:11:52

ATTORNEY.


[Captioner] 20:11:57
SO CLOSED SESSIONS ARE EITHER FULLY OPEN
OR COMPLETELY CLOSED.


[Captioner] 20:12:00
THERE IS NO IN BETWEEN.
THE RULE IS THAT

[Captioner] 20:12:03
 -- THE GENERAL RULE
UNDER THE BROWN ACT IS THAT CITY COUNCIL


[Captioner] 20:12:07
MEETINGS ARE REQUIRED TO BE IN PUBLIC,
UNLESS THERE'S

[Captioner] 20:12:10
 A SPECIFIC STATUTORY
EXCEPTION THAT APPLIES.
CLOSED

[Captioner] 20:12:13
 SESSION IS ONE OF THOSE SUBJECT

[Captioner] 20:12:16

MATTER THAT CAN BE DISCUSSED

[Captioner] 20:12:19
 IN PRIVATE,
AS AUTHORIZED UNDER THE BROWN

[Captioner] 20:12:23
 ACT.


[Captioner] 20:12:26
THERE'S ALSO A LIMIT AS TO WHO CAN
ATTEND.
THE

[Captioner] 20:12:30
 CALIFORNIA ATTORNEY GENERAL HAS
OPINED

[Captioner] 20:12:34
 THAT CITY COUNCILMEMBERS, MEMBERS
OF THE LOCAL LEGISLATIVE BODY

[Captioner] 20:12:37
 CAN
ATTEND.
SO CAN CITY STAFF, INCLUDING CITY


[Captioner] 20:12:40
MANAGEMENT AGENCY COUNCIL, THE CITY
ATTORNEY'S OFFICE,

[Captioner] 20:12:43
 AND SUPPORT STAFF AND
CONSULTANT.
BUT EACH OF THESE INDIVIDUALS HAS

[Captioner] 20:12:46
 TO
HAVE AN OFFICIAL ROLE.
SO WE CAN'T

[Captioner] 20:12:52
 INVITE ANYBODY INTO CLOSED
SESSION, THEY HAVE TO HAVE

[Captioner] 20:12:55
 AN OFFICIAL
ROLE AS FAR AS THE AUTHORIZED

[Captioner] 20:12:58
 MATTER
LISTED ON

[Captioner] 20:13:01
 EACH ITEM ON THE CLOSED
SESSION AGENDA.
CLOSED SESSION

[Captioner] 20:13:03
 AGENDAS MUST ALSO
IDENTIFY THE TYPE OF CLOSED SESSION TO


[Captioner] 20:13:07
BE CONDUCTED.
FOR EXAMPLE, TONIGHT AND AS PART

[Captioner] 20:13:10
 OF OUR
STAFF RESPONSIBILITIES, WE ALWAYS ENSURE

[Captioner] 20:13:14

THAT THERE'S A STATUTORY REASON, A

[Captioner] 20:13:17
 BASIS
FOR THE AGENDA TOPIC.
BUT THE

[Captioner] 20:13:20
 AUTHORIZED SUBJECT MATTER
INCLUDE LITIGATION, WHICH INCLUDES BOTH

[Captioner] 20:13:23

PENDING AND ANTICIPATED LABOR

[Captioner] 20:13:27

NEGOTIATIONS, REAL ESTATE NEGOTIATIONS,

[Captioner] 20:13:30

PUBLIC EMPLOYMENT, SO PERFORMANCE
REVIEW, LET'S SAY, OF

[Captioner] 20:13:32
 COUNCIL-APPOINTED
OFFICERS, AND THREATS TO PUBLIC SAFETY.


[Captioner] 20:13:37
THOSE ARE THE MOST

[Captioner] 20:13:40
 COMMON STATUTORY
REASONS A CITY COUNCIL MAY MEET

[Captioner] 20:13:43
.
NOW THE RULE ON

[Captioner] 20:13:46
 CONFIDENTIALITY IS
FAIRLY STRAIGHTFORWARD AND

[Captioner] 20:13:49
 AN IMPORTANT
ONE TO KNOW.
IT DEFINED IN THE GOVERNMENT CODE.


[Captioner] 20:13:52
A PERSON MAY NOT DISCLOSE CLOSED

[Captioner] 20:13:54
 SESSION
CONFIDENTIAL CLOSED SESSION INFORMATION


[Captioner] 20:13:57
THAT HAS BEEN ACQUIRED BY BEING PRESENT
IN A CLOSED SESSION

[Captioner] 20:14:01
 TO A PERSON NOT
ENTITLED TO RECEIVE IT UNLESS

[Captioner] 20:14:04
 THE
LEGISLATIVE BODY AUTHORIZES DISCLOSURE


[Captioner] 20:14:08
OF THAT CONFIDENTIAL INFORMATION.
MEANING THE

[Captioner] 20:14:11
 BODY, THE CITY COUNCIL IS
THE HOLDER OF THE

[Captioner] 20:14:14
 AUTHORITY TO
DISCLOSE.
THEY HAVE THE

[Captioner] 20:14:17
 RIGHT TO DISCLOSE.
NO INDIVIDUAL COUNCILMEMBER

[Captioner] 20:14:20
 HAS THE
AUTHORITY TO DISCLOSE INFORMATION THAT'S


[Captioner] 20:14:23
RECEIVED WITHIN CLOSED SESSION UNLESS
THE BODY HAS AUTHORIZED IT.


[Captioner] 20:14:33
SO A FEW PRACTICE TIPS.
INDIVIDUAL

[Captioner] 20:14:36
 COUNCILMEMBERS ARE
SPECIFICALLY PROHIBITED FROM DISCLOSING

[Captioner] 20:14:37

INFORMATION OUTSIDE OF CLOSED SESSION.


[Captioner] 20:14:41
AND ANY DISCLOSURE MUST BE
AUTHORIZED

[Captioner] 20:14:44
 BY THE CITY COUNCIL AS A
BODY.
COURTS HAVE REJECTED THE

[Captioner] 20:14:47
 NOTION THAT AN
ELECTED OFFICIAL HAS A FIRST AMENDMENT

[Captioner] 20:14:49

RIGHT TO SHARE CONFIDENTIAL
INFORMATION.


[Captioner] 20:14:54
SO THE LEAK OF CONFIDENTIAL CLOSED
SESSION INFORMATION IS

[Captioner] 20:14:57
 CONSIDERED A
BREACH OF LEGAL AND ETHICAL
OBLIGATIONS.


[Captioner] 20:15:00
IT'S A VERY SERIOUS VIOLATION.
AND IF

[Captioner] 20:15:04
 THE DISCLOSURE OF THE INFORMATION
REALLY UNDERMINES THE CITY'S

[Captioner] 20:15:06
 POSITION,
WHETHER IT BE WITH UNIONS OR WITH REAL


[Captioner] 20:15:10
ESTATE OWNERS OR INDIVIDUALS SUING THE
AGENCY, SO

[Captioner] 20:15:13
 IT'S OF UTMOST IMPORTANCE TO
MAINTAIN

[Captioner] 20:15:16
 THAT CONFIDENTIALITY.
ALBERTO, CAN YOU JM  TWO SLIDES?


[Captioner] 20:15:23
 JUMP TWO SLIDES?
ONE MORE.
THERE'S AN

[Captioner] 20:15:26
 EXAMPLE THAT I THOUGHT WAS
WORTH MENTIONING TODAY,

[Captioner] 20:15:29
 A 2005 CASE,
HARR

[Captioner] 20:15:34
ON VERSUS BONILLA, TWO

[Captioner] 20:15:37
 ELECTED
OFFICIALS DISCLOSED TO THE PRESS THE
REASONS FOR TERMINATING AN

[Captioner] 20:15:40
 EMPLOYEE IN
CLOSED SESSION.
NOW THE EMPLOYEE SUED THE

[Captioner] 20:15:43
 AGENCY AND
THOSE OFFICIALS

[Captioner] 20:15:46
 FOR SLANDER AND THEY
TRIED TO

[Captioner] 20:15:50
 GET THE ACTION DISMISSED AS AN
ARGUMENT THAT IT'S

[Captioner] 20:15:53
 AN EXERCISE OF THEIR
FIRST AMENDMENT RIGHTS TO MAKE

[Captioner] 20:15:56

CONCLUSIONS ABOUT THAT EMPLOYEE.
THE COURT REJECTED

[Captioner] 20:15:59
 THAT THEORY AND THEY
LOST AND AS A RESULT, THE AGENCY SETTLED


[Captioner] 20:16:02
WITH THAT EMPLOYEE AT SIGNIFICANT COST,
BOTH IN TERMS OF THE VALUE OF THE CASE

[Captioner] 20:16:06

AND THE ATTORNEYS' FEES.
SO THESE DO

[Captioner] 20:16:10
 HAVE POTENTIALLY ADVERSE
OUTCOMES, NO THE ONLY IN

[Captioner] 20:16:14
 NOT ONLY
IN TERMS OF JUST THE

[Captioner] 20:16:16
 IMPACT ON THE
OBLIGATIONS THAT AN AGENCY HAS, BUT ALSO


[Captioner] 20:16:20
ON THE VALUE THAT WE MAY HAVE TO ADDRESS
IN

[Captioner] 20:16:24
 CASES WHERE WE VIOLATE THOSE RIGHTS.


[Captioner] 20:16:27
LET'S JUMP BACK A COUPLE OF SLIDES
FLEURCHLT SO

[Captioner] 20:16:30
.


[Captioner] 20:16:33
SO THE REMEDIES FOR VIOLATION

[Captioner] 20:16:36
 INCLUDE A
CIVIL ACTION TO INVALIDATE

[Captioner] 20:16:40
 A VIOLATIVE
ACT, SO

[Captioner] 20:16:44
 A PUBLIC MEMBER CAN SUE

[Captioner] 20:16:48
 THE CITY
THAT WAS TAKEN

[Captioner] 20:16:51
 AFTER CLOSED SESSION
MEETING THAT BREACHED THE CON FI

[Captioner] 20:16:55
 DENG
SHALT REQUIREMENTS.
COURT INJUX AGAINST THE CITY TO

[Captioner] 20:16:58
 PREVENT
FUTURE VIOLATIONS.
A COUNCILMEMBER CAN BE

[Captioner] 20:17:01
 CENSURED FOR A
BREACH.
A COUNCILMEMBER COULD ALSO BE

[Captioner] 20:17:05
 REFERRED
TO A GRAND JURY IF THAT

[Captioner] 20:17:08
 MEMBER WILLFULLY
DISCLOSED THE CONFIDENTIAL

[Captioner] 20:17:11
 INFORMATION,
AND IF IT WAS AN EMPLOYEE THAT

[Captioner] 20:17:14
 WILLFULLY
DISCLOSED CONFIDENTIAL INFORMATION, THAT


[Captioner] 20:17:17
EMPLOYEE CAN BE SUBJECT TO CITY
DISCIPLINARY ACTION.


[Captioner] 20:17:23
SO THE IMPORTANCE OF MAINTAINING

[Captioner] 20:17:26
 THE
CONFIDENTIALITY OF CLOSED SESSION
INFORMATION IS UNDERSCORED BY THE 

[Captioner] 20:17:29
WEIGHT
OF THE PENALTIES.
ASSIGNED FOR VIOLATIONS

[Captioner] 20:17:32
 OF THESE
STATUTORY PROHIBITIONS AGAINST
DISCLOSURE.


[Captioner] 20:17:36
IN ADDITION, AS WE SAW IN THE CASE

[Captioner] 20:17:40

HERRON VERSUS BONILLA, IT'S NOT ONLY THE


[Captioner] 20:17:44
COST OF DEFENDING THE CASE, WE COULD
ACTUALLY HAVE TO PAY AN

[Captioner] 20:17:47
 ATTORNEYS' FEES
OF THE PLAINTIFF, THESE COULD BE VERY
EXPENSIVE CASES TO

[Captioner] 20:17:51
 DEFEND, AND IF WE
LOSE, THE VALUE OF THE CASES GO UP.


[Captioner] 20:18:00
CRIMINAL ACTION IS ACTUALLY ALSO

[Captioner] 20:18:02

AVAILABLE FOR VIOLATIONS OF THE BROWP
ACT.


[Captioner] 20:18:05
 BROWN ACT.
A

[Captioner] 20:18:08
 MEMBER THAT ATTENDS A CITY COUNCIL
MEETING AT WHICH ACTION IS TAKEN

[Captioner] 20:18:12
 IN
VIOLATION OF THE BROWN ACT WITH THE
INTENT TO DEPRIVE THE

[Captioner] 20:18:15
 PUBLIC OF
INFORMATION TO WHICH THE MEMBER KNOWS OR


[Captioner] 20:18:18
HAS REASON TO KNOW THE PUBLIC IS
ENTITLED BY

[Captioner] 20:18:21
 THE BROWN ACT CAN BE
PROSECUTED FOR

[Captioner] 20:18:25
 A MISDEMEANOR.
SO THERE ARE

[Captioner] 20:18:27
 CRIMINAL PROVISIONS THAT
APPLY.
THIS IS VERY RARE, OBVIOUSLY.


[Captioner] 20:18:31
BUT IT'S IMPORTANT TO KNOW THAT

[Captioner] 20:18:34
 BREACHES
OF -- EXCUSE ME -- BROWN ACT VIOLATIONS


[Captioner] 20:18:37
CAN RESULT NOT ONLY IN CIVIL OUTCOMES
BUT CRIMINAL OUTCOMES AS WELL.


[Captioner] 20:18:47
SO THAT COVERS THE CLOSED SESSION
PORTION REGARDING

[Captioner] 20:18:52
 CONFIDENTIALITY AND
POTENTIAL REMEDIES FOR VIOLATIONS.
SO I'LL STOP THERE FOR

[Captioner] 20:18:56
 QUESTIONS.


[Captioner] 20:19:00
>> Mayor Mei: COUNCILMEMBER SHAO.
>> Councilmember Shao: THANK

[Captioner] 20:19:03
 YOU,
MADAME MAYOR.
I JUST WANT TO CONFIRM ABOUT

[Captioner] 20:19:06
 THE
CONFIDENTIALITY PART,

[Captioner] 20:19:10
 DISCLOSING
INFORMATION ABOUT THE CLOSED SESSION
ALSO

[Captioner] 20:19:13
 INCLUDES LIKE WHO VOTED YES AND WHO
VOTED

[Captioner] 20:19:16
 NO FOR A DECISION OR AN

[Captioner] 20:19:19
 ACTION
THAT WAS FINALLY ANNOUNCED TO THE PUBLIC

[Captioner] 20:19:22

AFTER THE CLOSED SESSION.
CORRECT?


[Captioner] 20:19:25
EVEN IF THE CITY ATTORNEY ANNOUNCED

[Captioner] 20:19:29
 THE
ACTION TAKEN AFTER THE CLOSED SESSION,


[Captioner] 20:19:32
BUT WHO VOTED YES OR WHO VOTED NO

[Captioner] 20:19:36
 WAS
STILL PART OF

[Captioner] 20:19:39
 THE CONFIDENTIALITY,
CORRECT?
>> Cty. Attny. Alvarado: ONLY UNTIL

[Captioner] 20:19:42

THE ACTION IS FINAL.
SO FOR EXAMPLE,

[Captioner] 20:19:45
 A CITY COUNCIL CAN VOTE
TO AUTHORIZE

[Captioner] 20:19:49
 SETTLEMENT IN A LAWSUIT,
AND IF

[Captioner] 20:19:52
 IT REQUIRES OTHER STEPS TO BE
TAKEN, LET'S SAY A

[Captioner] 20:19:55
 SETTLEMENT AGREEMENT
TO BE EXECUTED BY THE OTHER

[Captioner] 20:19:59
 SIDE, THAT
EVENING, CITY COUNCIL WOULDN'T HAVE

[Captioner] 20:20:01
 TO
REPORT OUT EITHER THAT A SETTLEMENT WAS


[Captioner] 20:20:04
REACHED OR HOW THE CITY COUNCIL VOTED.
BUT DOWN THE LINE,

[Captioner] 20:20:08
 EVENTUALLY, THAT
MATTER IS CONCLUDED, AND

[Captioner] 20:20:11
 THAT SETTLEMENT
AGREEMENT IS A PUBLIC DOCUMENT, AND THE


[Captioner] 20:20:14
VOTES THAT SUPPORTED THAT SETTLEMENT
AGREEMENT ARE ALSO NOT

[Captioner] 20:20:17
 PROTECTED AT THAT
POINT.
SO AT A CERTAIN POINT,

[Captioner] 20:20:21
 THE VOTES OF THE
BODY DO BECOME

[Captioner] 20:20:24
 PUBLIC ONCE ALL OF THE
MATTERS HAVE BEEN EFFECTUATED.
I'M

[Captioner] 20:20:27
 GIVING ONE EXAMPLE WHICH IS
LITIGATION.
ANOTHER EXAMPLE

[Captioner] 20:20:30
 IS THAT YOU MAY GIVE
DIRECTION ON A REAL ESTATE

[Captioner] 20:20:33
 NEGOTIATION,
BUT THAT MATTER IS NOT FINALIZED THAT
EVENING.


[Captioner] 20:20:37
IT WILL COME BACK AS THE FORM -- IN THE
FORM OF A

[Captioner] 20:20:40
 PUBLIC STAFF REPORT AND THEN
THE COUNCIL VOTES AT THAT POINT AND
OBVIOUSLY THAT

[Captioner] 20:20:43
 VOTE IS PUBLIC.
SO REALLY IT'S

[Captioner] 20:20:46
 LITIGATION AND LITIGATION
SETTLEMENTS THAT ARE KIND OF

[Captioner] 20:20:50
 THAT
STRANGE CIRCUMSTANCE WHERE THE CITY
COUNCIL IS NOT REQUIRED

[Captioner] 20:20:53
 TO REPORT OUT
THE VOTE INITIALLY.
BUT

[Captioner] 20:20:56
 ULTIMATELY, ONCE THE SETTLEMENT IS
REACHED AND THE SETTLEMENT

[Captioner] 20:20:59
 DOCUMENT IS A
PUBLIC RECORD, THERE'S NO PROTECTION
REGARDING HOW WE GOT THERE.


[Captioner] 20:21:04
>> Councilmember Shao: SO TO FURTHER
CLARIFY, LET'S

[Captioner] 20:21:07
 JUST SAY IT HAPPENED IN
THE PAST,

[Captioner] 20:21:10
 AFTER THE ANNOUNCEMENT, YOU
KNOW,

[Captioner] 20:21:13
 OF A DECISION IN THE LABOR

[Captioner] 20:21:16

NEGOTIATION, THEN ONE COUNCILMEMBER SAID


[Captioner] 20:21:19
HEY, YOU GUYS, YOU VOTED YES TO THAT

[Captioner] 20:21:22

TERM.
YOU DISRUPT -- YOU KNOW, YOU

[Captioner] 20:21:25
 BANKRUPT
THE WHOLE CITY BY VOTING YES ON

[Captioner] 20:21:28
 THAT.
ON THE OTHER HAND, I DID NOT VOTE FOR
THAT.


[Captioner] 20:21:31
SO THAT KIND OF COMMENT ON

[Captioner] 20:21:34
 THE PUBLIC
PLATFORM, LIKE SOCIAL MEDIA, WOULD THAT


[Captioner] 20:21:38
BE CONSIDERED DISCLOSURE OF WHO

[Captioner] 20:21:41
 VOTED
YES OR WHO VOTED NO,

[Captioner] 20:21:46
 AND HENCE A
VIOLATION OF THE BROWN ACT?
>> Cty. Attny. Alvarado:

[Captioner] 20:21:49
 THE
DISCUSSION THAT HAPPENS IN CLOSED
SESSION IS CONFIDENTIAL,

[Captioner] 20:21:52
 INCLUDING THE
DIRECTION THAT'S GIVEN WITHIN CLOSED
SESSION.


[Captioner] 20:21:57
ONCE THE MATTER BECOMES PUBLIC AS PART
OF A PUBLIC STAFF

[Captioner] 20:22:00
 REPORT AND THAT VOTE
IS TAKEN, THAT IS CERTAINLY PUBLIC,

[Captioner] 20:22:02
 BUT
THE DISCUSSION THAT HAPPENED IN CLOSED


[Captioner] 20:22:05
SESSION PRIOR TO THAT POINT IS NOT
CONSIDERED

[Captioner] 20:22:09
 FINAL ACTION.
THERE'S NO REAL VOTE THERE, ACTUALLY,

[Captioner] 20:22:11

THAT HAPPENS IN PUBLIC, THAT IS ALL
PROTECTED MATERIAL.


[Captioner] 20:22:15
THAT'S ALL PROTECTED COMMUNICATIONS.


[Captioner] 20:22:21
>> Mayor Mei: COUNCILMEMBER COX.
>> Councilmember Cox: THANK YOU.


[Captioner] 20:22:25
>> Councilmember Kassan: I'M SORRY,
CAN I JUST RESPOND TO THAT BECAUSE I
THINK THAT

[Captioner] 20:22:28
 WAS REFERRING TO ME.
I JUST WANTED TO SAY THAT I DID NOT
DISCLOSE

[Captioner] 20:22:31
 ANYTHING ABOUT WHAT WAS SAID IN
CLOSED SESSION

[Captioner] 20:22:34
 WHEN I TALKED ABOUT THE
VOTES ON THE UNION CONTRACT.


[Captioner] 20:22:38
I WAS REFERRING TO PUBLIC VOTES.


[Captioner] 20:22:44
>> Mayor Mei: COUNCILMEMBER COX.
YOU'RE NEXT.
>> Councilmember Cox: THANK YOU.


[Captioner] 20:22:48
WHEN IT COMES TO THE CALIFORNIA PUBLIC
RECORDS

[Captioner] 20:22:51
 ACT, AND IF SOMEONE WERE TO
SUBMIT A

[Captioner] 20:22:54
 REQUEST ON A CLOSED

[Captioner] 20:22:58
 SESSION, I
GUESS WHAT WOULD BE PART OF THE

[Captioner] 20:23:01
 LIMITS
THAT CAN BE SHARED?
IS IT JUST

[Captioner] 20:23:04
 MORE WHAT WAS PUBLISHED ON
THE AGENDA AND THAT'S PRETTY MUCH

[Captioner] 20:23:07
 IT AND
WHATEVER ACTION WAS TAKEN AT THAT POINT


[Captioner] 20:23:11
TO PROTECT THE

[Captioner] 20:23:14
 CONFIDENTIALITY,S I WAS
JUST CURIOUS ON THAT PART.
>> Cty. Attny. Alvarado:

[Captioner] 20:23:17
 YES, THAT'S A
GOOD QUESTION.
THE PUBLIC IS

[Captioner] 20:23:20
 NOT ENTITLED TO
INFORMATION WITHIN CLOSED SESSION.
NOW

[Captioner] 20:23:24
 THE AGENDA IS A PUBLIC DOCUMENT, SO
MEMBERS OF THE PUBLIC

[Captioner] 20:23:27
 ARE, OF COURSE,
ALLOWED TO HAVE THAT.
IN FACT, WE'RE

[Captioner] 20:23:30
 REQUIRED TO NOTIFY THE
PUBLIC WHAT WE'RE DISCUSSING

[Captioner] 20:23:33
 IN CLOSED
SESSION.
AND TO ARTICULATE THE LEGAL BASIS

[Captioner] 20:23:37
 TO
CONDUCT THAT CLOSED SESSION.
BUT THE PUBLIC IS

[Captioner] 20:23:40
 NOT ENTITLED TO ANY
MATERIALS THAT ARE SHARED WITHIN

[Captioner] 20:23:44
 CLOSED
SESSION, AND IN FACT, THIS

[Captioner] 20:23:48
 ISSUE
SOMETIMES WILL BE CHALLENGED

[Captioner] 20:23:51
 IN COURT
AND COURTS HAVE LIMITS IN TERMS OF WHAT

[Captioner] 20:23:54

IT CAN REQUIRE COUNCILMEMBERS TO
DISCLOSE AS PART OF

[Captioner] 20:23:57
 THEIR CLOSED
SESSION, AS PART OF LITIGATION, LET'S
SAY.


[Captioner] 20:24:02
SO THE CONFIDENTIALITY PROVISIONS OF THE
BROWN

[Captioner] 20:24:05
 ACT ARE VERY STRONG.
THEY APPLY TO COUNCIL

[Captioner] 20:24:09
 MEMBERS AS
INDIVIDUALS AND AS A BODY, AND WE

[Captioner] 20:24:12
 REALLY
ARE NOT REQUIRED TO DISCLOSE ANYTHING
FROM

[Captioner] 20:24:16
 CLOSED SESSIONS UNLESS IT'S
SPECIFICALLY REQUIRED UNDER THE BROWN
ACT.


[Captioner] 20:24:19
UNLESS THE BROWN ACT SPECIFICALLY SAYS
WE HAVE

[Captioner] 20:24:22
 TO REPORT OUT THE ACTION.
WE

[Captioner] 20:24:25
 DON'T DISCLOSE IT.
>> Councilmember Cox: OKAY.
THANK YOU.


[Captioner] 20:24:30
>> Mayor Mei: THANK YOU.
I DO APPRECIATE THE CLARIFICATION,
BECAUSE OVER THE

[Captioner] 20:24:33
 YEARS, I DO KNOW THAT
AFTER

[Captioner] 20:24:36
 NEGOTIATIONS AT OTHER TIMES, THERE
HAVE DEFINITELY BEEN

[Captioner] 20:24:39
 MOMENTS WHERE WE'VE

[Captioner] 20:24:43

RECEIVED CONTACT AS INDIVIDUALS OR I
KNOW I HAVE,

[Captioner] 20:24:46
 WHERE IT SEEMED LIKE PEOPLE

[Captioner] 20:24:50

HAVE HEARD THE MOST RECENT NEWS WHICH
WAS

[Captioner] 20:24:53
 NOT PUBLISHED OR RELEASED ANYWHERE.
SO THAT'S WHY I THINK IT'S A GOOD

[Captioner] 20:24:56

REMINDER.


[Captioner] 20:25:03
I DON'T SEE ANY OTHER COMMENTS AT THIS
TIME.
>> Cty. Attny. Alvarado: OKAY.


[Captioner] 20:25:07
I'LL MOVE ON TO THE LAST SECTION AND
I'LL MOVE THIS ALONG.


[Captioner] 20:25:10
I KNOW WE'RE -- WE SPENT SOME TIME HERE,

[Captioner] 20:25:12

AND I KNOW THAT THIS WASN'T PART OF THE


[Captioner] 20:25:15
COUNCIL DIRECTION, BUT I DID WANT TO
TAKE A FEW MINUTES JUST TO BRIEFLY GO
OVER

[Captioner] 20:25:18
 THE RULES OF ORDER.


[Captioner] 20:25:22
SO WHEN I REFER TO RULES OF ORDER, I
REALLY MEAN THE PROCEDURES FOR

[Captioner] 20:25:25
 CONDUCT
AT CITY COUNCIL MEETINGS.
AND I THINK IT'S

[Captioner] 20:25:28
 IMPORTANT TO DISCUSS
THE SOURCES OF AUTHORITY

[Captioner] 20:25:32
 AUTHORITY.
ONE SOURCE OF AUTHORITY IS

[Captioner] 20:25:33
 OBVIOUSLY THE
BROWN ACT.
WE'VE COVERED THAT THIS EVENING.


[Captioner] 20:25:37
THERE ARE RULES THAT THE BROWN ACT SET
FORTH THAT WE MUST COMPLY WITH.


[Captioner] 20:25:40
BUT ANOTHER SOURCE IS THE CITY COUNCIL.


[Captioner] 20:25:44
THAT'S WHY EACH OF YOU IS PROMINENT ON
THIS SLIDE, BECAUSE

[Captioner] 20:25:47
 COLLECTIVELY, YOU
ARE THE AUTHORITY FOR HOW MEETINGS ARE

[Captioner] 20:25:51

CONDUCTED, AND THE WAY THIS BODY HAS
EXPRESSED THAT AUTHORITY

[Captioner] 20:25:53
 IS THROUGH
ADOPTION AND AMENDMENT, RECENT AMENDMENT


[Captioner] 20:25:57
OF THE CITY COUNCIL HANDBOOK.
NOW ALSO ON THIS SLIDE IS

[Captioner] 20:26:00
 RALPH M. BROWN
AND U.S. ARMY OFFICER HENRY MARTIN

[Captioner] 20:26:03

ROBERT, WHO WAS THE ORIGINAL CREATOR OF


[Captioner] 20:26:05
ROBERT'S RULES OF ORDER, SO WE'LL GET TO
THEM IN A MOMENT.


[Captioner] 20:26:12
THE CITY COUNCIL HANDBOOK HAS TWO
SECTIONS THAT DISCUSS

[Captioner] 20:26:16
 PROCEDURAL RULES.
INCLUDING

[Captioner] 20:26:19
 CHAPTER 4, THAT PROVIDES
PROCEDURAL RULES ON HOWL

[Captioner] 20:26:22
 WE VOTE, WHAT
HAPPENS IF YOU DON'T VOTE, WHAT HAPPENS

[Captioner] 20:26:25

ON A TIE VOTE.
AND APPEALING A

[Captioner] 20:26:29
 MAYOR'S DECISION ON A
PROCEDURAL RULE.
THE MAYOR IS

[Captioner] 20:26:32
 THE CHAIR OF THE MEETING.
AND

[Captioner] 20:26:35
 WHERE THE RULES -- WHERE THE
HANDBOOK DOES NOT SET FORTH

[Captioner] 20:26:38
 A PROCEDURE,
THE MAYOR GETS TO MAKE A DECISION ON

[Captioner] 20:26:42

THAT PROCEDURE.
AND THE CITY COUNCIL HANDBOOK ACTUALLY

[Captioner] 20:26:45

SAYS WHAT HAPPENS IF A COUNCILMEMBER
DISAGREES?


[Captioner] 20:26:50
A COUNCILMEMBER MAY APPEAL THE DECISION,
A PROCEDURAL DECISION OF

[Captioner] 20:26:53
 THE MAYOR, AND
THEN THE BODY VOTES ON IT.
SO

[Captioner] 20:26:56
 I THOUGHT IT WAS IMPORTANT TO MENTION
THAT BECAUSE THE HANDBOOK

[Captioner] 20:27:00
 ACTUALLY IS
PRETTY HELPFUL WHEN IT COMES

[Captioner] 20:27:03
 TO
IDENTIFYING PROCEDURAL RULES, AND WE

[Captioner] 20:27:05

ACTUALLY DON'T HAVE TO PIVOT TO ROBERT'S


[Captioner] 20:27:09
RULES RIGHT AWAY BECAUSE THE HANDBOOK
ACTUALLY INCLUDES A LOT OF THE

[Captioner] 20:27:12

PROCEDURES THAT ROBERT'S RULES IS THE
ORIGINAL

[Captioner] 20:27:15
 SOURCE OF MATERIAL FOR.


[Captioner] 20:27:20
APPENDIX A, FOR EXAMPLE, IS VERY
HELPFUL, BECAUSE IT

[Captioner] 20:27:23
 PROVIDES 15
DIFFERENT RULES REGARDING

[Captioner] 20:27:27
 MOTIONS.
SOME OF THE MORE POPULAR ONES I'VE PUT

[Captioner] 20:27:29

HERE ON THE SCREEN INCLUDING THE MOTION


[Captioner] 20:27:33
TO SUBSTITUTE, WHICH HAS BEEN USED A FEW
TIMES HERE,

[Captioner] 20:27:37
 BUT THERE'S 15 PARTICULAR

[Captioner] 20:27:38

PROCEDURAL RULES THAT I THINK IT'S WORTH


[Captioner] 20:27:41
GOING THROUGH AND BECOMING FAMILIAR
WITH, BECAUSE THEY ARE COMMON, AND THE


[Captioner] 20:27:45
REALITY IS THAT WE DON'T REALLY NEED TO

[Captioner] 20:27:48

PIVOT TO ROBERT'S RULES OF ORDER OFTEN

[Captioner] 20:27:50

BECAUSE YOUR OWN HANDBOOK SETS FORTH A


[Captioner] 20:27:55
LOT OF THE PROCEDURAL RULES THAT COVER

[Captioner] 20:27:59

99.9% OF WHAT WE DO AS AN AGENCY.
I DID WANT

[Captioner] 20:28:02
 TO MAKE MENTION THAT ROBERT'S
RULES OF ORDER IS A MANUAL.
IT'S NOT A

[Captioner] 20:28:05
 LEGAL DOCUMENT.
IT HAS NO MORE FORCE AND AUTHORITY THAN

[Captioner] 20:28:08

THE COUNCIL HANDBOOK, IN FACT.
THE COUNCIL

[Captioner] 20:28:12
 HANDBOOK SAYS THAT IT'S THE

[Captioner] 20:28:14

AUTHORITY UNLESS THE RULE IS SILENT, AND


[Captioner] 20:28:17
THEN YOU CAN REFER TO ROBERT'S RULES.
BUT IT'S, AGAIN, A GUIDEBOOK.


[Captioner] 20:28:20
IT'S NOT A LAW.


[Captioner] 20:28:29
I WANTED TO MENTION ROSENBERG'S RULES OF

[Captioner] 20:28:33

ORDER.
JUDGE ROSENBERG IS A JUDGE

[Captioner] 20:28:37
 IN YOLO
COUNTY, AND HE PUT TOGETHER A SMALL AND

[Captioner] 20:28:39

BOOK THAT TRIES TO PROVIDE AN ABRIDGED


[Captioner] 20:28:43
VERSION OF PARLIAMENTARY PROCEDURE.
THE REASON I MENTION HIS RULES IS
BECAUSE

[Captioner] 20:28:46
 I THINK IT'S HELPFUL WHEN IT
COMES

[Captioner] 20:28:49
 TO TWO ISSUES.
THE ROLE OF THE

[Captioner] 20:28:52
 CHAIR, AND HOW THE BODY
CAN ADHERE

[Captioner] 20:28:55
 TO CONDUCTING AGENDA ITEMS.
AND WE'LL GO THROUGH THAT

[Captioner] 20:28:59
 BRIEFLY.


[Captioner] 20:29:04
THE CHAIR, THE MAYOR HERE SERVES

[Captioner] 20:29:08
 AS OUR
CHAIR AND THE MAYOR IS CHARGED WITH

[Captioner] 20:29:09

APPLYING RULES OF CONDUCT FOR A
MEETING.


[Captioner] 20:29:13
SHE MAKES THE FINAL RULES UNLESS
OVERRULED BY THE

[Captioner] 20:29:16
 BODY.
ROSENBERG'S RULE INCLUDES THE SAME

[Captioner] 20:29:19
 RULE
THAT YOU HAVE IN YOUR OWN HANDBOOK.
SOY THOUGHT THAT WAS

[Captioner] 20:29:22
 HELPFUL TO KNOW.
I THINK IT'S IMPORTANT THAT THE

[Captioner] 20:29:25
 CHAIR
RECOGNIZE THAT IT'S IMPORTANT THAT THE

[Captioner] 20:29:28

CHAIR BE THE LAST SPEAKER ON DEBATE AND


[Captioner] 20:29:31
DISCUSSION BECAUSE THE CHAIR WIELDS A
LOT OF POWER, NOT ONLY THE CONTROL OF

[Captioner] 20:29:34

THE MEETING BUT INTRODUCING

[Captioner] 20:29:37
, RECOGNIZING
INDIVIDUALS, SO IT'S VERY IMPORTANT FOR


[Captioner] 20:29:40
THE CHAIR TO WAIT UNTIL THE DISCUSSION
AND AT THE BAIT HAS

[Captioner] 20:29:44
 OCCURRED AMONGST
COUNCIL COLLEAGUES, AND THE CHAIR IS

[Captioner] 20:29:46

IMPORTANT TO REFRAIN FROM MAKING A VOTE


[Captioner] 20:29:49
OR SECONDING A MOTION UNLESS ANOTHER
MEMBER OF THE BODY WILL NOT DO

[Captioner] 20:29:52
 SO.
THESE

[Captioner] 20:29:56
 RULES ARE INTENDED TO GUIDE THE
CHAIR IN TERMS OF

[Captioner] 20:29:59
  HAVING POSITIVE
AND CONSTRUCTIVE RELATIONSHIPS

[Captioner] 20:30:03
 DURING
THESE COUNCIL MEETINGS AND AS PART OF
YOUR OWN

[Captioner] 20:30:06
 PARLIAMENTARY PROCEDURAL
RULES.


[Captioner] 20:30:12
ROSENBERG'S RULES I THINK PROVIDE VERY
HELPFUL GUIDELINES ON HOW YOU'RE

[Captioner] 20:30:15

SUPPOSED TO CONDUCT EACH AGENDA ITEM,
AND I LISTED THE ET A

[Captioner] 20:30:18
 --
THE EIGHT POINTS I

[Captioner] 20:30:22
 THINK ARE WORTH
MENTIONING THIS EVENING.
WE FOLLOW A MAJORITY

[Captioner] 20:30:25
 OF THESE RULES, BY
THE WAY, BUT THERE HAVE BEEN A COUPLE
QUESTIONS

[Captioner] 20:30:28
 ABOUT WHEN TO INTRODUCE A
MOTION, DOES THAT HAPPEN BEFORE THE
DEBATE OR

[Captioner] 20:30:31
 AFTER THE DEBATE?
THAT'S WHY I PUT THAT TOGETHER JUST TO

[Captioner] 20:30:35

CLARIFY THAT RULE.
THE CHAIR PERFORMS THE

[Captioner] 20:30:38
 FOLLOWING
PROCEDURAL FUNKS.
WE ANNOUNCE THE AGENDA, WE'RE VERY


[Captioner] 20:30:41
CONSISTENT ON THAT, RECOGNIZING THE
PRESENTER IN THE AGENDA

[Captioner] 20:30:44
 REPORTS,
ALLOWING COUNCILMEMBERS TO ASK
CLARIFYING QUESTIONS BEFORE WE GET

[Captioner] 20:30:46
 TO
PUBLIC COMMENT.
THAT'S IMPORTANT.


[Captioner] 20:30:51
ALLOWING FOR PUBLIC

[Captioner] 20:30:54
 COMMENT OR A PUBLIC
HEARING DEPENDING ON THE ITEM.


[Captioner] 20:30:58
AFTER WE COME BACK FROM PUBLIC COMMENT,
THE CHAIR CAN INVITE

[Captioner] 20:31:01
 A MOTION.
WE TONIGHT HAVE TO WAIT

[Captioner] 20:31:04
 -- WE DON'T
HAVE TO WAIT TO GET THE COMMENT

[Captioner] 20:31:06
 FROM
EACH INDIVIDUAL MEMBER OF THE BODY AND


[Captioner] 20:31:09
IF THAT'S THE PREFERRED PRACTICE, THE
BODY CAN DECIDE THAT'S

[Captioner] 20:31:12
 THE CASE BUT THE
QUESTION WAS ASKED OF ME, DO WE HAVE TO


[Captioner] 20:31:15
WAIT TO INVITE A MOTION?
THE ANSWER IS NO.
IT'S OKAY TO ACTUALLY

[Captioner] 20:31:17
 INVITE A MOTION
RIGHT AFTER PUBLIC COMMENT AND THEN ASK


[Captioner] 20:31:20
FOR A SECOND, AND THEN YOU CAN ENGAGE IN
DEBATE ABOUT THAT MOTION.


[Captioner] 20:31:25
SO THAT'S AN ACCEPTABLE 

[Captioner] 20:31:29

PRACTICE.
THEN LASTLY

[Captioner] 20:31:32
 YOU TAKE A VOTE, UNDER THE
STATE LAW THAT OCCURRED

[Captioner] 20:31:35
 IN 2014, WE
ACTUALLY HAVE TO ANNOUNCE HOW EACH
MEMBER VOTED.


[Captioner] 20:31:38
TO JUST A QUICK RETRESHER ON GENERAL
RULES OF

[Captioner] 20:31:41
 ORDER FOR PURPOSES OF OUR
MEETINGS.
AND WITH THAT, THAT CONCLUDES OUR


[Captioner] 20:31:44
PRESENTATION THIS EVENING.


[Captioner] 20:31:49
>> Mayor Mei: COUNCILMEMBER CAMPBELL.
>> Councilmember Campbell: THANK YOU

[Captioner] 20:31:52

FOR THAT QUICK DISCUSSION ON RULES OF
ORDER.


[Captioner] 20:31:58
BECAUSE I OFTENTIMES -- I'M NOT TRYING
TO

[Captioner] 20:32:01
 CALL ANYBODY OUT, BUT IN TERMS OF THE
WAY THAT WE HAVE

[Captioner] 20:32:06
 BEEN OPERATING, THE
PROCESS THAT WE'VE BEEN USING,

[Captioner] 20:32:09
 THE MAYOR
OFTEN SAYS, WELL, I HAVE TO SAY
SOMETHING.


[Captioner] 20:32:13
I HAVEN'T SAID ANYTHING.
SO IS

[Captioner] 20:32:16
 IT -- CAN YOU NOT TAKE A MOTION
BECAUSE SOMEBODY

[Captioner] 20:32:20
 WANTS TO SAY
SOMETHING?


[Captioner] 20:32:24
>> Cty. Attny. Alvarado: THE REASON I
SET FORTH

[Captioner] 20:32:26
 THESE PROCEDURAL RULES ON THAT
SLIDE IS BECAUSE THAT'S THE BEST
PRACTICE.


[Captioner] 20:32:30
THE BEST PRACTICE

[Captioner] 20:32:34
 IS THAT PROCEDURAL --
THOSE PROCEDURAL STEPS, IF YOU

[Captioner] 20:32:36

CONSISTENTLY PRACTICE THAT, YOU'LL HAVE


[Captioner] 20:32:40
LESS INSTANCES OF DISCORD, IF YOU

[Captioner] 20:32:44
 WILL,
AND UNCERTAINTY.
SO AFTER PUBLIC COMMENT, IF

[Captioner] 20:32:47
 WE INVITE
THE MOTION AND SEE IF THERE'S A SECOND,

[Captioner] 20:32:50

AND WE CONSISTENTLY DO THAT, THERE'S NO


[Captioner] 20:32:52
DEBATE ABOUT THE APPROPRIATE TIME TO DO
IT.


[Captioner] 20:32:56
MOREOVER, IF THE CHAIR WAIT UNTIL -- TO
BE THE

[Captioner] 20:33:00
 LAST SPEAKER, AS IN COMMON
PRACTICE,

[Captioner] 20:33:03
 IT INVITES LESS DEBATE AS
WELL.
SO I THOUGHT IT WAS WORTH MENTIONING

[Captioner] 20:33:05

THOSE BECAUSE ACTUALLY THESE RULES ARE


[Captioner] 20:33:09
ESSENTIALLY CAPTURED IN YOUR OWN
HANDBOOK, AND

[Captioner] 20:33:12
 THEY'RE VERY COMMON IN
PROCEDURAL --

[Captioner] 20:33:15
 PARLIAMENTARY MANUALS LIKE
ROBERT'S RULES AND ROSENBERG'S RULES,
AND I

[Captioner] 20:33:18
 THINK IF WE PRACTICE THAT HERE,
WE'LL GAIN

[Captioner] 20:33:20
 MEETING EFFICIENCY BY THAT
PRACTICE.
>> Councilmember Campbell: THANK YOU.


[Captioner] 20:33:32
>> Mayor Mei: COUNCILMEMBER KASSAN.
>> Councilmember Kassan: JUST TO
CLARIFY, I

[Captioner] 20:33:35
 THINK WE KNOW THE ANSWER TO
THIS, BUT NO ONE HAS TO SPEAK ON EVERY


[Captioner] 20:33:38
ITEM.
I MEAN, EVEN THE CHAIR, EVEN THOUGH
WE'RE SAYING THE CHAIR SHOULD BE THE


[Captioner] 20:33:41
LAST TO SPEAK, THAT DOESN'T MEAN THE
CHAIR HAS TO SPEAK ON EVERY ITEM,

[Captioner] 20:33:45
 IF
IT'S A FAIRLY STRAIGHTFORWARD

[Captioner] 20:33:47
, MAYBE NO
ONE COULD SPEAK AND WE COULD JUST VOTE


[Captioner] 20:33:50
ON THE MOTION.
IS THAT CORRECT?
>> Cty. Attny. Alvarado: CORRECT,


[Captioner] 20:33:53
THERE'S NO REQUIREMENT FOR
COUNCILMEMBERS TO

[Captioner] 20:33:57
 SAY -- TO MAKE COMMENT
AFTER A MOTION IS

[Captioner] 20:34:00
 INVITED AND SECONDED.
YOU HAVE THAT RIGHT BUT IT NOT A
REQUIREMENT.


[Captioner] 20:34:05
>> Councilmember Campbell: I HAVE ONE
OTHER QUICK QUESTION.


[Captioner] 20:34:08
ONCE THE VOTE HAS BEEN TAKEN, SO IT'S
MOVED, IT'S

[Captioner] 20:34:11
 BEEN SECONDED, THE VOTE HAS
BEEN TAKEN, THERE SHOULD

[Captioner] 20:34:14
 BE NO FURTHER
DISCUSSION ON THAT ITEM.
WE NEED

[Captioner] 20:34:18
 TO MOVE ON TO THE NEXT ITEM.
IS THAT THE CORRECT

[Captioner] 20:34:19
 PROCESS?
>> Cty. Attny. Alvarado: CORRECT.
>> Councilmember Campbell: THANK YOU.


[Captioner] 20:34:25
>> Mayor Mei: COUNCILMEMBER SHAO.
>> Councilmember Shao: THANK YOU,
MADAME MAYOR.


[Captioner] 20:34:29
NOT REALIZING THAT THIS WILL CONCLUDE
THE

[Captioner] 20:34:33
 TRAINING ON BROWN ACT, I JUST WANT
TO HAVE SOME

[Captioner] 20:34:36
 ADDITIONAL QUESTIONS, YOU
KNOW, THAT HAS NOTHING TO

[Captioner] 20:34:39
 DO WITH RULES
OF THE MEETING.


[Captioner] 20:34:42
SO IT'S ABOUT USAGE OF ELECTRONIC

[Captioner] 20:34:46

DEVICES DURING A MEETING.
I DON'T WANT TO

[Captioner] 20:34:49
 ASK A COMPOUND
QUESTION.
SO I WILL ASK INDIVIDUALLY.


[Captioner] 20:34:53
IS IT A VIOLATION

[Captioner] 20:34:56
 OF BROWN ACT IF A CITY

[Captioner] 20:34:59

COUNCILMEMBER RECEIVES AND SENDS OUT
TEXT

[Captioner] 20:35:03
 MESSAGES DURING THE

[Captioner] 20:35:07
 ONGOING COUNCIL
MEETING?
>> Cty. Attny.

[Captioner] 20:35:10
 Alvarado: IT COULD BE.
EVENTUALLY IF A MAJORITY OF THE

[Captioner] 20:35:14

COUNCILMEMBERS ENGAGE IN DISCUSSION
OUTSIDE OF THE VIEW OF THE

[Captioner] 20:35:17
 PUBLIC.
AND I THINK IT'S

[Captioner] 20:35:20
 ALSO IMPORTANT TO NOTE
THAT THE COUNCILMEMBERS'

[Captioner] 20:35:23
 OWN HANDBOOK
DISCOURAGES THE USE OF ELECTRONIC

[Captioner] 20:35:26

DEVICES DURING MEETINGS.
>> Councilmember Shao: AGAIN,

[Captioner] 20:35:30
 TO AVOID
ASKING A COMPOUND QUESTION, IS IT A
VIOLATION

[Captioner] 20:35:33
 OF BROWN ACT IF A CITY
COUNCILMEMBER

[Captioner] 20:35:41
 SURFS THE WEB LIKE
SOCIAL MEDIA,

[Captioner] 20:35:44
 PUTS COMMENTS ON SOCIAL
MEDIA PAGES

[Captioner] 20:35:47
 DURING AN ONGOING COUNCIL
MEETING?
>> Cty. Attny. Alvarado: THE BROWN 

[Captioner] 20:35:49
ACT
DOESN'T SPEAK TO ONE COUNCILMEMBER'S USE


[Captioner] 20:35:53
OF AN ELECTRONIC DEVICE.
IT REALLY SPEAKS

[Captioner] 20:35:56
 TO MAJORITY DISCUSSIONS
USING ANY FORM OF COMMUNICATION, WHETHER


[Captioner] 20:35:59
IT BE EMAIL, TEXT MESSAGES

[Captioner] 20:36:03
 OR SOCIAL
MEDIA PLATFORMS.


[Captioner] 20:36:06
>> Councilmember Shao: THANK YOU FOR
THAT SUMMARY.
THANK YOU.


[Captioner] 20:36:09
>> Mayor Mei: COUNCILMEMBER SALWAN.


[Captioner] 20:36:13
>> Councilmember Salwan: I JUST HAD A
COMMENT, IS THAT OKAY AT THIS TIME

[Captioner] 20:36:16
 OR --
OKAY.
YEAH, I RECALL WE USED TO HAVE A

[Captioner] 20:36:18

PLANNING COMMISSIONER, RICHARD D. KING,


[Captioner] 20:36:21
WHO WAS LIKE A FAMOUS ROTARIAN AS WELL,
SO ON

[Captioner] 20:36:24
 PLANNING COMMISSION, HE WAS VERY
BIG ON MAKING THE MOTION, SECOND, AND
THEN

[Captioner] 20:36:27
 WE COULD HAVE A DISCUSSION.
BUT I THINK A LOT OF THE PLANNING

[Captioner] 20:36:30

COMMISSIONERS KIND OF FOUND IT
UNSETTLING, BECAUSE THEY WANTED TO

[Captioner] 20:36:32

DELIBERATE AND TRY TO COME UP WITH SOME


[Captioner] 20:36:36
SORT OF CON CENSUS.
SO I THINK ON CITY COUNCIL, THEY'VE

[Captioner] 20:36:39
 BEEN
FOLLOWING THE SAME FORMAT, LET EVERYBODY

[Captioner] 20:36:42

DELIBERATE, GIVE THEIR FEEDBACK, AND
THEN THAT'S PART OF THE

[Captioner] 20:36:45
 SAUSAGE MAKING,
YOU TRY AND SEE WHERE THE CONSENSUS IS,


[Captioner] 20:36:48
THEN YOU MAKE THE MOTION, YOU GET A
SECOND AND THEN YOU CAN SEE THAT,

[Captioner] 20:36:51
 OKAY,
THIS IS PROBABLY GOING TO PASS.
SOMETIMES YOU

[Captioner] 20:36:55
 MAKE THE -- IT'S
PREMATURE, PEOPLE AREN'T

[Captioner] 20:36:58
 REA DI, WAIT,
WAIT, HOLD

[Captioner] 20:37:01
 ON, I HAVEN'T FORMULATED MOI
THOUGHTS, I HAVEN'T HEARD FROM MY
COLLEAGUES.


[Captioner] 20:37:04
I'VE SEEN BOTH SIDES.
BUT I LIKE THE POINT THAT

[Captioner] 20:37:07
 YOU MADE THAT
IT COULD BE DONE THAT WAY.
BUT I THINK IT'S UP TO

[Captioner] 20:37:09
 THE INDIVIDUAL
BODY HOW THEY WANT TO CONDUCT
THEMSELVES.


[Captioner] 20:37:13
THANK YOU.
>> Mayor Mei:

[Captioner] 20:37:16
 I APPRECIATE AND I WAS
GOING TO MAKE A COMMENT THAT I
APPRECIATE YOUR COMEBTS ABOUT

[Captioner] 20:37:19
 MAKING THE
MOTION AND SECOND.
I THINK THAT AS THE CHAIR,

[Captioner] 20:37:22
 GENERALLY I
LIKE TO HEAR FROM EVERYONE ON THE
COUNCIL TO BE

[Captioner] 20:37:26
 RESPECTFUL AT LEAST TO
GIVE THEM AN OPPORTUNITY, AND I KNOW

[Captioner] 20:37:28

IT'S BECOMING INCREASINGLY ALMOST LIKE A


[Captioner] 20:37:31
GAME OF FAMILY FEUD WHERE WE WANT TO
EACH MAKE THE MOTION FIRST, AND

[Captioner] 20:37:35
 SO IN
RESPECT TO OUR COUNCIL, JUST MAKING SURE

[Captioner] 20:37:38

THAT PEOPLE AND MYSELF INCLUDED, I
CERTAINLY AM NOT INTERESTED IN

[Captioner] 20:37:41
 SPEAKING
ON THINGS THAT AREN'T NECESSARY, BUT I


[Captioner] 20:37:44
THINK THAT HOPEFULLY I'M GIVEN THE
OPPORTUNITY BECAUSE I'M

[Captioner] 20:37:48
 TRYING TO BE
RESPECTFUL IN

[Captioner] 20:37:51
 ACCORDANCE TO WANTING TO
HEAR FROM THE

[Captioner] 20:37:54
 COUNCILMEMBERS BECAUSE
COMING IN WHILE WE'VE HEARD

[Captioner] 20:37:57
 FROM THE
PUBLIC AND ALSO FROM THE SPEAKER OR THE


[Captioner] 20:38:01
PRESENTER FOR THE EVENING, I THINK THAT
IT DOES

[Captioner] 20:38:04
 LEAVE US WITH A MORE OPEN MIND
IN TERMS

[Captioner] 20:38:07
 OF FORMULATING OUR THOUGHTS IF
WE DO HEAR FROM OUR COLLEAGUES IF

[Captioner] 20:38:10
 GIVEN
THAT OPPORTUNITY.
>> Councilmember Campbell:

[Captioner] 20:38:13
 MAKING A
MOTION AND A SECOND DOESN'T PRECLUDE
ANYONE FROM BEING

[Captioner] 20:38:16
 ABLE TO DO THAT,
BECAUSE YOU ULTIMATELY GET THE

[Captioner] 20:38:19
 CHAIR, I
SHOULDN'T SAY YOU, BUT THE CHAIR
ULTIMATELY

[Captioner] 20:38:23
 GETS TO CALL FOR THE VOTE,
AND IF YOUR PREFERENCE IS TO

[Captioner] 20:38:26
 WAIT
UNTIL -- YOU'VE HEARD EVERYBODY AND THEN


[Captioner] 20:38:29
CALL FOR THE VOTE, BUT WHAT HAPPENS

[Captioner] 20:38:33
 IS,
IF SOMEBODY MAKES A MOTION, THEN THE
CHAIR WILL

[Captioner] 20:38:36
 SAY, WELL, WAIT, WAIT, WAIT,
WHAT IT, WE CAN'T ACCEPT YOUR

[Captioner] 20:38:39
 MOTION
BECAUSE EVERYBODY HASN'T SPOKEN.
THAT, I THINK IS

[Captioner] 20:38:43
 THE VIOLATION.
IS TO NOT ALLOW FOR

[Captioner] 20:38:46
 A SECOND TO THEN BE
ABLE TO CONTINUE TO DELIBERATE, BECAUSE


[Captioner] 20:38:50
YOU CAN DO THAT.
>> Cty. Attny. Alvarado: THE

[Captioner] 20:38:53
 TAKEAWAY
THIS EVENING, I THINK, IS THAT

[Captioner] 20:38:56
 THIS BODY
IS THE AUTHORITY.


[Captioner] 20:39:02
MEANING THE CHAIR, WHEN THE HANDBOOK IS
SILENT,

[Captioner] 20:39:05
 IS ENTITLED TO MAKE A PROCEDURAL
DETERMINATION.


[Captioner] 20:39:09
THAT'S HER ROLE.


[Captioner] 20:39:18
[INAUDIBLE]

[Captioner] 20:39:28

>> Mayor Mei: WE HAVE ASKED FOR
CLARIFYING COMMENTS.


[Captioner] 20:39:31
THIS IS NOT AN ACTION ITEM BUT WE
HAVEN'T ASKED FOR THE PUBLIC COMMENTS

[Captioner] 20:39:35

YET, BUT I'M FINISHING UP WITH THE
COMMENTS AND QUESTIONS FROM

[Captioner] 20:39:38
 THE
COUNCIL.
>> Councilmember Campbell: I'M SORRY,


[Captioner] 20:39:41
I DIDN'T HEAR.
SO I THINK I HEARD

[Captioner] 20:39:44
 YOU SAY THEN IT'S
OKAY FOR THE CHAIR

[Captioner] 20:39:47
 TO SAY I'M NOT GOING
TO ACCEPT THE MOTION?
>> Cty. Attny. Alvarado: NO.


[Captioner] 20:39:50
>> Councilmember Campbell: OH.
OKAY.
>> Cty. Attny. Alvarado: I WAS CUT


[Captioner] 20:39:53
OFF.
MY APOLOGIES.
WHAT I WAS GOING TO SAY IS THAT THE

[Captioner] 20:39:57

HANDBOOK IS SILENT AS TO THAT RULE.
THE REASON THAT I

[Captioner] 20:40:00
 MENTIONED THIS
PROCEDURAL RULE UNDER ROSENBERG'S RULES

[Captioner] 20:40:03

IS TO BASICALLY LET THE COUNCIL KNOW
THAT

[Captioner] 20:40:06
 THAT'S AN ACCEPTABLE PRACTICE.
BUT THAT OUR

[Captioner] 20:40:10
 OWN RULES IS ACTUALLY
SILENT ON THAT POINT.
WHEN WE

[Captioner] 20:40:13
 INVITE THE MOTION.
, THE HAND

[Captioner] 20:40:17
 HANDBOOK SAYS THAT THE MAYOR,
AS CHAIR, GETS TO DECIDE

[Captioner] 20:40:19
 A PROCEDURE
RULE.
THAT'S THE ROLE OF THE CHAIR.


[Captioner] 20:40:24
THE HANDBOOK ALSO SAYS THAT THAT CAN BE
APPEALED BY THE BODY,

[Captioner] 20:40:27
 AND THAT THE BODY
IS THE ULTIMATE SAY ON THE RULE.
SO

[Captioner] 20:40:30
 BOT DECAN ACCEPT A PRACTICE THAT SAYS
WE WILL INVITE THE

[Captioner] 20:40:34
 MOTION AFTER PUBLIC
COMMENT ENDS, AND A SECOND, AND

[Captioner] 20:40:37
 THEN
DEBATE.
ALTERNATIVELY, THE BODY

[Captioner] 20:40:40
 COULD DECIDE
THEY WANT TO ENGAGE IN

[Captioner] 20:40:44
 DEBATE FIRST
BEFORE A MOTION IS ACCEPTED.
IT UP TO YOU, IS THE POINT.


[Captioner] 20:40:47
AND THE QUESTION THAT YOU POSED, I
WANTED TO ENSURE THAT YOU KNEW THAT

[Captioner] 20:40:50
 IT'S
ACCEPTABLE TO DO IT THAT WAY.
>> Councilmember Campbell: CORRECT,

[Captioner] 20:40:53
 SO
WHAT I'M ASKING, THEN, BECAUSE I'M

[Captioner] 20:40:56
 STILL
NOT UNDERSTANDING THE PREFERENCE OF THE

[Captioner] 20:41:00

BODY, SINCE EITHER WAY COULD BE CORRECT

[Captioner] 20:41:03

BECAUSE THE CHAIR HAS

[Captioner] 20:41:07
 THE AUTHORITY FOR
LACK OF A BETTER WORD TO BE ABLE TO

[Captioner] 20:41:11

CHANGE THAT

[Captioner] 20:41:14
, BASED ON THEIR PREFERENCE.


[Captioner] 20:41:17
AT THE TIME.
>> Cty. Attny. Alvarado: THE CHAIR
MAKES THE INITIAL CALL,

[Captioner] 20:41:20
 BUT THE BODY CAN
OVERRULE THAT CALL AND THE

[Captioner] 20:41:23
 BODY CAN
LEGISLATE A ULTIMATE DECISION ON THAT.


[Captioner] 20:41:28
MEANING IF THE RULE IS SILENT, WHICH IT
IS HERE, IF THE

[Captioner] 20:41:31
 QUESTION COMES UP DURING
A COUNCIL MEETING, THE

[Captioner] 20:41:34
 MAYOR AS CHAIR
CAN MAKE A CALL ON THAT ISSUE, RIGHT?


[Captioner] 20:41:37
AND THEN THE BODY CAN SAY, WE DON'T
AGREE.
SO WE'RE GOING TO TAKE

[Captioner] 20:41:40
 A VOTE, WE'RE
GOING TO APPEAL IT AND WE'RE GOING TO
CREATE

[Captioner] 20:41:43
 A NEW RULE.
ALTERNATIVELY, THE BODY CAN ALSO SAY, WE


[Captioner] 20:41:47
WANT TO MEMORIALIZE THIS RULE
PERMANENTLY AS THE PRACTICE OF THE BODY,


[Captioner] 20:41:50
AND WE'RE GOING TO ALLOW MOTIONS THAT
OCCUR THIS PARTICULAR WAY.


[Captioner] 20:41:53
SO THERE'S A FEW PROCEDURAL OPTIONS, IF
YOU WILL.


[Captioner] 20:41:57
>> Councilmember Campbell: OKAY, AND
THEN WHEN DO WE GET TO DECIDE THAT?


[Captioner] 20:42:00
>> Cty. Attny. Alvarado: IN TERMS OF
MEMORIALIZING IT AS A

[Captioner] 20:42:04
 PERMANENT --
>> Councilmember Campbell: YES.
I'M SORRY,

[Captioner] 20:42:07
 I DON'T MEAN TO LAUGH, BUT
IT'S LIKE --
>> Mayor Mei: WE HAVE

[Captioner] 20:42:09
 A PRACTICE RIGHT
NOW THAT THE CHAIR DOES MAKE THAT
DECISION.


[Captioner] 20:42:13
SO IF WE'RE GOING TO CHANGE THAT, THAT
WOULD BE PART OF I GUESS EITHER

[Captioner] 20:42:15
 A
COUNCIL HANDBOOK OR IN TERMS OF -- WHICH


[Captioner] 20:42:19
WE JUST ACTUALLY ADOPTED BUT --
>> Cty. Attny. Alvarado: YES,

[Captioner] 20:42:22
 MAYOR,
WE WOULD HAVE TO AMEND THE CITY COUNCIL

[Captioner] 20:42:25

HANDBOOK B

[Captioner] 20:42:28
 BY RESOLUTION.
THAT'S HOW WE'VE DONE IT IN THE PAST.
>> Councilmember Campbell: BUT FOR

[Captioner] 20:42:32

PURPOSES OF MY UNDERSTANDING OF THE

[Captioner] 20:42:36

PROCESS, IT'S THE PROCESS NOW

[Captioner] 20:42:39
 IS THE
CHAIR PREFERENCE IS TO HEAR EVERYBODY
OUT BEFORE A

[Captioner] 20:42:42
 MOTION IS EVEN --
>> Mayor

[Captioner] 20:42:45
 Mei: NOT EVERYBODY OUT BUT I
THINK A LOT OF TIMES WE'VE SEEN PEOPLE

[Captioner] 20:42:49

JUMPING IN RIGHT A

[Captioner] 20:42:52
 AWAY.
I JUST AM TRYING TO BE RESPECTFUL,

[Captioner] 20:42:55

BECAUSE GENERALLY WHAT WE'VE FOUND
SOMETIMES WITH THIS IS

[Captioner] 20:42:58
 THAT ESPECIALLY
ON ISSUES THAT ARE MORE

[Captioner] 20:43:01
 DIVISIVE, IT
ALLOWS US TO BE ABLE TO HAVE A MOTION
THAT PASSES AND

[Captioner] 20:43:04
 IS MORE THOUGHTFUL OF
ALL THE COUNCILMEMBERS' COLLECTIVE
RATHER THAN

[Captioner] 20:43:07
 JUST ONE PERSON MAKING THE
MOTION AND FAILING, WHICH WE'VE HAD IN


[Captioner] 20:43:10
THE PAST TOO.
BUT I'M CERTAINLY OPEN

[Captioner] 20:43:12
 TO THAT
CONVERSATION.
I KNOW THAT THESE HAVE ACTUALLY 

[Captioner] 20:43:15
STARTED
TO GET LONGER THAN WE WOULD LIKE IN
THESE CONVERSATIONS.


[Captioner] 20:43:19
>> Councilmember Campbell: RIGHT.
I MEAN, I THINK THAT OFTENTIMES IN

[Captioner] 20:43:22
 ORDER
TO MOVE THE AGENDA ALONG SO THAT WE CAN


[Captioner] 20:43:25
HAVE SOME ROBUST CONVERSATIONS ON
EVERYTHING

[Captioner] 20:43:29
 THAT'S ON THE AGENDA, IF WE
HAVE A MOTION AND A SECOND, THEN THE
CHAIR

[Captioner] 20:43:32
 CAN CALL THE VOTE AT ANY TIME TO
MOVE

[Captioner] 20:43:35
 THE AGENDA ALONG.
AND THAT'S THE -- THAT'S

[Captioner] 20:43:38
 THE BEAUTY OF
BEING ABLE TO

[Captioner] 20:43:42
 HAVE A COUNCILMEMBER MAKE
A MOTION AND

[Captioner] 20:43:45
 SOMEBODY SECOND IT, BECAUSE
IT

[Captioner] 20:43:48
 GIVES THE CHAIR THE OPPORTUNITY TO
MOVE

[Captioner] 20:43:51
 THE MEETING ALONG, AND KEEP IT

[Captioner] 20:43:55

GOING, RATHER THAN CONTINUING TO HAVE

[Captioner] 20:43:57

HOUR-LONG DEBATE ON AN ITEM THAT
JUST --


[Captioner] 20:44:01
>> Mayor Mei: I TAKE POINT TO THAT, I
APPRECIATE THAT, BECAUSE

[Captioner] 20:44:03
 THERE ARE TIMES
SOMETIMES WHERE I'VE CALLED THE QUESTION


[Captioner] 20:44:06
AND THE COUNCILMEMBER WILL SAY I HAVEN'T
HAD A CHANCE TO SPEAK, BUT IN THAT 

[Captioner] 20:44:08
CASE,
WE CAN MAKE A PHOTO VILLE, OR CALL THE


[Captioner] 20:44:11
VOTE IF WE WANT TO.
AND THAT'S AT THE

[Captioner] 20:44:14
 DISCRETION OF THE
CHAIR.
>> Cty. Attny. Alvarado: JUST TO BE


[Captioner] 20:44:17
CLEAR FOR THE PURPOSES OF THIS EVENING,
THAT WOULD BE

[Captioner] 20:44:21
 A NON-AGENDIZED ITEM SO WE
CAN'T TAKE

[Captioner] 20:44:24
 ACTION OR DIRECTION ON THAT,
BUT NOTED.


[Captioner] 20:44:28
>> Mayor Mei: AS SUCH, WE ALSO HAD A
PUBLIC SPEAKER BUT I WANTED TO

[Captioner] 20:44:30
 CAUTION,
THIS IS FOR SPEAKING ON THE ATEAM WHICH


[Captioner] 20:44:33
IS THE BROWN ACT TRAINING ITSELF.
SO I

[Captioner] 20:44:36
 JUST WANTED TO CLARIFY THAT IF WE
HAVE A

[Captioner] 20:44:39
 SPEAKER I BELIEVE ON THIS ITEM
ITSELF.
>> Ms. Gauthier:

[Captioner] 20:44:44
 YES, MADAME MAYOR.
KELLY ABREU TURNED IN A SPEAKER CARD
EARLIER THIS EVENING FOR

[Captioner] 20:44:47
 THIS PARTICULAR
ITEM, AND THEN JUST AS I HAD SHARED

[Captioner] 20:44:50
 WITH
YOU VIA MESSAGE

[Captioner] 20:44:53
 EARLIER, JOANN SCHWOB
TURNED IN A SPEAKER CARD FOR

[Captioner] 20:44:56
 1E AND
ITEM 4 FOR ITEMS THAT ARE NOT

[Captioner] 20:44:59
 ON THE
AGENDA, BUT SHE TURNED IT IN AFTER WE
HAD ALREADY GONE

[Captioner] 20:45:02
 PAST THOSE ITEMS.
SO IT'S AT YOUR

[Captioner] 20:45:06
 DISCRETION.
>> Mayor Mei: SURE.
I WANTED TO CLARIFY THIS IS FOR 

[Captioner] 20:45:09
COMMENTS
FOR THE BROWN ACT TRAINING, ITEM 6A.


[Captioner] 20:45:18
>> OKAY, THE BROWN ACT TRAINING

[Captioner] 20:45:22
, 
THIS COUNCIL HAS VIOLATED

[Captioner] 20:45:26
 THE 
BROWN ACT ON APRIL 2022,

[Captioner] 20:45:29
 TOOK 
ACTION OFTEN AN ITEM IN SUPPORT 
OF A TRAUMA CENTER

[Captioner] 20:45:32
.
THIS ACTION THAT YOU

[Captioner] 20:45:35
 TOOK, 
VIOLATED THE BROWN ACT.


[Captioner] 20:45:40
WITH THAT SAID, GOVERNMENT CODE 
SECTION

[Captioner] 20:45:43
 549

[Captioner] 20:45:46
5 SUBC, STATES THAT A

[Captioner] 20:45:49
 
LOCAL AGENCY SHALL PUBLICLY 
REPORT ANY ACTION TAKEN OR

[Captioner] 20:45:52
 THE 
VOTE OR DISSENSION ON THAT

[Captioner] 20:45:55
 
ACTION FOR EACH MEMBER PRESENT 
FOR THAT ACTION.


[Captioner] 20:45:58
YOUR FAILURE, YOUR BOARD'S 
FAILURE TO RECORD

[Captioner] 20:46:03
 THE VOTES AND 
ABSTENTIONS, VIOLATED THIS

[Captioner] 20:46:05
 
GOVERNMENT SECTION, THIS BROWN 
ACT.


[Captioner] 20:46:09
SECOND VIOLATION OF THE BROWN 
ACT, SAME TIME

[Captioner] 20:46:13
.
EVERY AGENDA FOR A REGULAR 
MEETING SHALL PROVIDE AN

[Captioner] 20:46:16
 
OPPORTUNITY FOR MEMBERS OF THE 
PUBLIC TO DIRECTLY ADDRESS

[Captioner] 20:46:19
 THE 
LEGISLATIVE BODY ON ANY ITEM OF 
INTEREST TO THE PUBLIC BEFORE

[Captioner] 20:46:21
 
DURING THE CONSIDERATION OF THE 
ITEM.


[Captioner] 20:46:25
THAT IS GOVERNMENT CODE SECTION 
5

[Captioner] 20:46:29
4954.3, THAT'S THE BROWN ACT.

[Captioner] 20:46:32

YOU DENIED ME THE OPPORTUNITY 
FOR PUBLIC COMMENT, ON THIS ITEM

[Captioner] 20:46:36

ITEM, ON THAT DATE.


[Captioner] 20:46:41
ALL RIGHT NEXT ONE.
SAME THING.
YOU JUST ROLLED THROUGH THE

[Captioner] 20:46:44
 
BROWN ACT, REPEATEDLY, AND JUST 
ROLLED OVER IT

[Captioner] 20:46:47
.
AND YOU VIOLATED IT LIKE CRAZY 
ON THAT DATE

[Captioner] 20:46:51
.
BROWN ACT SECTION 5

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4945.3 
SUBSECTION C STATES IN PART

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 THE 
LEGISLATIVE BODY OF A LOCAL 
AGENCY SHALL NOT

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 PROHIBIT PUBLIC 
CRITICISM OF THE

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 POLICIES 
PROGRAMS OF THE AGENCY OR OF THE 
ACTS

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 OR OMISSIONS OF THE 
LEGISLATIVE BODY.
NOW,

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 YOUR PROHIBITION OF MY 
PUBLIC CRITICISM OF THE

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 CITY 
POLICY IN SUPPORT OF THE 
WASHINGTON HOSPITAL

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 TRAUMA 
CENTER VIOLATED THAT PART

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 OF THE 
BROWN ACT.
NEXT,

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 THE AGENDA ITSELF WAS 
MISLEADING CONFUSING

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 AND OR 
UNFAIRLY OPAQUE BECAUSE YOU HID

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IT UNDER A CEREMONIAL ITEM.
AND

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 THIS IS A LAWSUIT, OR A

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COURT RULING ON 5

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4954.2

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 CAWGD 
SAN DIEGOANS

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 VERSUS CITY OF 
OCEANSIDE IN 2016.
AND

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 FINALLY I WOULD REQUEST THAT 
YOUR COUNCIL

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 CEASE DESIST, AND 
NOT GIVE

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 FULL EXCEPTIONS TO THE 
CEREMONIAL RECOGNITION 
GUIDELINES.


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THIS MAYOR CANNOT BE ALLOWED TO 
MAKE UP HER

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 OWN RULES AND SAY OH 
THIS IS A CEREMONIAL ITEM

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, WE'RE 
GOING TO THROW IT IN BECAUSE IF 
IT'S A

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 SUBSTANTIVE ITEM IT IS 
NOT

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 CEREMONIAL.
THANK YOU.


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>> Mayor Mei:   THE NEXT 
SPEAKER, IF IT'S ON ITEM 6 WHICH 
WE

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 WERE JUST TALKING ABOUT WHICH 
IS THE BROWN ACT, YOU'RE

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 WELCOME 
TO SPEAK ON THAT ITEM.
>> The Clerk:   THERE WERE NO

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OTHER ITEMS ON 6A.
>> Mayor Mei:   THE

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 OTHER ITEMS 
DID PASS, WE DID CALL FOR

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SPEAKERS.
>> PURSUANT TO THE BROWN ACT, 


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THANK YOU FOR HEARING ME, I'D 
LIKE TO MENTION, AS THE PREVIOUS

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SPEAKER JUST SPOKE, THAT YOU 
CANNOT PROHIBIT

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 THE PUBLIC FROM 
SPEAKING ON -- OR MAKING

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 PUBLIC 
COMMENTS.
YOU CANNOT DELEGATE

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 OR RESTRICT 
A PUBLIC SPEAKER, PUBLIC 
COMMENT.

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AND THIS CITY COUNCIL HAS IN 
FACT DONE THAT WAY

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 TOO OFTEN, 
ALL THE TIME.
LET ME REMIND THE

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 OTHER CITY 
COUNCIL MEMBERS THAT THE MAYOR 
IS A CEREMONIAL POSITION.


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SHE DOES NOT HOLD ANY MORE 
WEIGHT THAN ALL OF YOU

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.
AND IN ADDITION, THE CITY 
COUNCIL ACTS AS

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 A WHOLE, AS A 
GROUP.
NOT INDIVIDUALLY.

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ONE COUNCILMEMBER, NOR THE 
MAYOR, CAN

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 YOU A SUSH ANYONE'S 
AUTHORITY.

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AND A MAJOR REMINDER.
WE, THE

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 PEOPLE, ELECTED YOU, 
EXCUSE ME, TO REPRESENT US

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.
AND TO CENSOR US AND

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 TO KEEP US 
QUIET IS

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 GOING COMPLETELY 
AGAINST WHAT THIS IS ABOUT

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.
I'D LIKE

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 TO -- I'D LIKE TO CALL 
ATTENTION TO THE FACT THAT

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 THIS 
IS A GENERAL LAW CITY

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.
THERE ARE TWO TYPES OF CITIES IN 
CALIFORNIA

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.
THEY ARE GENERAL LAW,

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 AND 
CHARTER.
THIS CITY COUNCIL HAS BEEN 


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CONDUCTING ITSELF AS THOUGH IT 
WERE A CHARTER CITY.
WHICH

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 IT IS NOT.
WHICH MEANS MAJOR

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 DECISIONS SUCH 
AS

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 MOVING TO DISTRICTS, DISTRICT 
VOTING, HAS TO BE

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 SET FORTH AND 
PUT TO THE ELECTORS OR THE 
PEOPLE

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 THAT VOTE.
BEFORE THE CITY COUNCIL CAN MAKE 
ANY

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 CHANGES.
ADDING FROM, GOING FROM FIVE

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ADDITIONAL, FROM FIVE CITY 
COUNCIL MEMBERS TO SEVEN 


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REQUIRES THE VOTE OF THE PEOPLE.

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REQUIRING ANY MAJOR 
EXPENDITURES,

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 HAS TO BE PUT 
FORTH TO THE VOTE OF THE

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 PEOPLE.
AND THAT'S WHAT I'D LIKE TO SAY 
AND REMIND

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 YOU WHOLEHEARTEDLY 
TO, IF YOU'RE

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 NOT AWARE OF THE 
DIFFERENCES, BETWEEN THE GENERAL

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LAWS AND CHARTERS, PLEASE MAKE

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IT A POINT, AND PERHAPS EVEN 
INCLUDE IN

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 YOUR CITY COUNCIL 
HANDBOOK, PROVIDED THAT THAT 
COUNCIL HANDBOOK

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 DOES NOT GO 
AGAINST THE GENERAL

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 LAW UNDER 
CALIFORNIA GOVERNMENT AND 
CORPORATIONS

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 CODE.
I WANTED TO SPEAK LONGER

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 LAST 
WEEK.
BUT DUE TO TECHNICAL 


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DIFFICULTIES, APPARENTLY, THAT 
MEETING WAS TABLED.
THAT'S MY

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 NEXT QUESTION.
WHAT HAPPENED TO THOSE AGENDA 
ITEMS

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?
IF THEY WEREN'T HEARD LAST WEEK,

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OR AT TONIGHT'S MEETING, WHAT 
WILL HAPPEN TO

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 THOSE AGENDA 
ITEMS?

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AND WHEN IT COMES TO TIME LIMITS

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ON PUBLIC COMMENTS, WHEN ARE 
THOSE TIME LIMITS SET

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?
ARE THEY SET AT THE BEGINNING OF 
EACH MEETING, IS

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 THAT SOMETHING 
THAT THE COUNCIL HAS TO

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 DISCUSS, 
OR FUTURE MEETING?
OR IS

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 IT --

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>> Mayor Mei:   THANK YOU.
JUST TO LET YOU KNOW THE TIME 


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LIMITS IN GENERAL FOR PUBLIC 
COMMENT ARE SET ON THE BACK OF 
OUR

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 PUBLIC COMMENT CARDS.
SO YOU CAN SEE THEM THERE.


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>> The Clerk:   AND MAYOR, I'D 
ALSO JUST LIKE TO ADD AND 
RESPOND

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 TO THE INQUIRY ABOUT 
LAST WEEK'S MEETING.
THAT MEETING DID GO ON

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.
IT WAS DELAYED.
THE START OF IT WAS DELAYED BUT 


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THE MEETING DID OCCUR.


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 .
>> Mayor Mei:   THANK YOU

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.
>> Cty. Attny. Alvarado:   AND 
TO THE MAYOR, JUST

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 A BRIEF 
REMINDER THAT THE HANDBOOK 
ACTUALLY SPECIFIES THE TIME

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LIMITS FOR PUBLIC COMMENT.
UNLESS THE MAYOR

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 DECIDES AN 
ADJUSTMENT IS NECESSARY,

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 YOU 
KNOW, FOR MEETING EFFICIENCY 
REASONS.


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>> Mayor Mei:   I'M NOT SURE IF 
OUR COUNCIL R

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OCIO FERRO WAS 
TRYING TO MAKE A

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 COMMENT.
NO, THANK YOU.


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SO AT THIS TIME, I'M GOING TO 
ASK IS THERE ANY REPORT ON

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COMMITTEE ASSIGNMENTS?
I KNOW SEVERAL OF US ARE 


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ASSIGNED TO COMMITTEES.


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OKAY.
I

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 WILL SHARE THAT FOR

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 ACTC, WE 
HAVE SOME

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 LEGISLATIVE U

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 UPDATES 
THAT I'LL BE HAPPY TO SHARE WITH 
THE COUNCIL,

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 I'LL SEND IT OUT.
AS WELL AS I'VE JOINED

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 SOME 
COMMITTEES THERE WITHIN 680 
WHICH SOME OF

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 YOU MAY HAVE 
PROBABLY SEEN, A PROJECT A

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PERSONAL JPA THAT IS GOING TO BE 
CLOSING AT THE END OF THE

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 YEAR 
AND ALSO ON THE PUBLIC POLICY 
LEGISLATIVE COMMITTEE.


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AND I THINK THAT'S ABOUT IT FOR 
US EXCEPT FOR

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 I DO WANT TO ASK 
THAT WE ADJOURN TONIGHT'S

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MEETING IN HONOR OF

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 ALAMEDA 
COUNTY SUPERVISOR

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 RIPPED VALLE 
WHO PASSED AWAY ON FEBRUARY

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8th, 2023.

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WE SEND OUR CONDOLENCES WITH HIS 
WIFE AND

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 FAME.
CAN WE ADJOURN IN HIS MEMORY AND

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ALSO TO TAKE A PAUSE IN LIGHT OF 
SOME OF THE LOSSES THAT WE'VE

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HAD AGAIN THAT I'M JUST 
ASTOUNDED BY, THE

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 WORLD LOSS AS 
WELL AS OTHERS LOCALLY.
IF WE COULD TAKE

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 A MOMENT TO 
PAUSE IN SILENCE.


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[ MOMENT OF SILENCE ]

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 THANK YOU.
AND AS I MENTIONED THIS EVENING 
IN THE BEGINNING, WHEN

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 WE HAD A 
CEREMONIAL OR A FLAG

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 DISCUSSION, 
IF WE'RE GIVEN

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 OPPORTUNITIES 
HOPEFULLY, ALL OF US WHO ARE 
ABLE TO CAN

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 CALL UPON TO DO 
THINGS TO HELP ONE ANOTHER AND

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TO BE KIND AND TO BRING THE 
COMMUNITY TOGETHER.


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WITH THAT I'D LIKE TO ADJOURN 
THE MEETING.
THANK YOU SO MUCH AND HAVE A