[00:00:01]
THING ON? OKAY,[1. CALL TO ORDER]
SO HERE WE ARE ON, UH, MAY 4TH BE WITH YOU DAY.THIS IS THE, UH, AIRPORT COMMISSION MEETING FOR, UH, MAY 4TH, 2026.
UH, THAT'S ITEM ONE, ITEM TWO, PLEDGE OF ALLEGIANCE.
I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES.
UNITED STATES OF AMERICA TO THE REPUBLIC FOR WHICH IT STANDS BY NATION UNDER GOD, INDIVISIBLE OF LIBERTY AND JUSTICE DRAW.
IN CONFORMANCE WITH THE BROWN ACT, NO AIRPORT COMMISSION ACTION CAN OCCUR ON ITEMS PRESENTED DURING OPEN FORM.
TO PROVIDE PUBLIC COMMENT, PLEASE SUBMIT A SPEAKER CARD WHEN YOUR NAME IS CALLED, WALK TO THE LECTERN AND ADDRESS THE AIRPORT COMMISSION.
COMMENTS ARE LIMITED TO MAXIMUM THREE MINUTES PER PERSON.
THE CHAIR MAY REDUCE THE AMOUNT OF TIME BASED ON THE NUMBER OF PERSONS WISHING TO SPEAK.
OPEN FORUM WILL CONCLUDE AFTER 30 MINUTES.
HOWEVER, IF THERE ARE ADDITIONAL SPEAKERS, OPEN FORUM WILL RECONVENE AFTER MATTERS FOR CONSIDERATION.
BASED ON THE NUMBER OF PERSONS WISHING TO SPEAK, I LIMIT THE TIME TO RIGHT NOW.
ANY, UH, THAT'S, AND WE DON'T, THERE'S NOTHING SUBMITTED EITHER, WAS THERE? OKAY.
[4. CONSENT CALENDAR]
ALL RIGHT.ITEM FOUR, CONSENT CALENDAR ITEMS ARE CONSIDERED ROUTINE AND ARE ACTED UPON BY THE AIRPORT COMMISSION WITH A SINGLE ACTION.
MEMBERS OF THE AUDIENCE WISHING TO PROVIDE INPUT MUST SUBMIT A SPEAKER CARD AND I SEE NO SPEAKERS.
WE'LL MOVE ON TO AIR 4.1 APPROVAL OF AIRPORT COMMISSION.
DRAFT MINUTES FOR APRIL 6TH, 2026.
THE RECOMMENDATION STAFF RECOMMENDS AIRPORT COMMISSION TO APPROVE THE DRAFT MINUTES.
COMMISSIONER SHELLENBERGER MOVES TO APPROVE THE MINUTES.
DOES THAT ANYBODY WANT TO THEN ANY DISCUSSION OR ANYTHING? I HAVE TO ABSTAIN.
WELL, UH, HOW ABOUT A ROLL CALL VOTE THEN.
WERE YOU DISCUSSING THAT WE MIGHT NOT HAVE TO DO A ROLL CALL? I THINK, GO AHEAD.
DO YOU USUALLY DO ROLL CALL? VOTE, BUT I, I, I DON'T WANNA BE, I DON'T BE TALKING JUST FOR THE SAKE OF TALK.
[5. MATTERS FOR CONSIDERATION]
OKAY.UM, ITEM FIVE MATTERS FOR CONSIDERATION REVIEW OF AIRPORT OPERATIONS ACTIVITY AND NOISE CONCERNS FOR THE MONTH OF MARCH.
STAFF RECOMMENDS AIRPORT COMMISSION RECEIVE THE INFORMATION ON AIRPORT OPERATIONS ACTIVITY NOISE CONCERN FOR THE MONTH OF MARCH 26TH.
THANK YOU CHAIR BISHOP, I'M GOING TO, UH, GO OVER THE MONTH OF MARCH FOR THE MONTHLY STATISTICS.
I'M GONNA POINT OUT A FEW THINGS UPFRONT BECAUSE IT'S GONNA MAKE SENSE WITH THE LARGE PERCENTAGE CHANGES.
UH, LATER ON DOWN THE ROAD FOR THE MONTH OF MARCH, OUR AIRCRAFT OPERATIONS WERE 18,838.
THAT IS A 68% INCREASE OVER THE MONTH OF FEBRUARY FOR FUEL SALES.
THERE WAS 105,626 GALLONS SOLD FOR A 7% INCREASE BASED AIRCRAFT STAYED.
IT'S 466 AND NOISE REPORTS INCREASED BY TO 437 BY 74%.
SO THE TWO INCREASES YOU REALLY NEED TO LOOK AT IS AIRCRAFT OPERATIONS AND NOISE REPORTS.
BOTH OF THOSE INCREASED, UM, BY A LARGE NUMBER.
A LOT OF THAT BECAUSE FEBRUARY, UH, WAS SUPER BOWL MONTH.
AND AS, UH, ONE OF THE QUESTIONS I WAS ASKED LAST MONTH IS THAT WE HAD A LOT LESS OPERATIONS DURING THAT MONTH 'CAUSE OF THAT, FOR THE AIRCRAFT OPERATIONS FOR THE UH, MONTH OF MARCH, 2026, THERE WAS 1,856 INSTRUMENT IFR 1040 AIR TAXI 6,357 ITINERANT, GENERAL 10 ITINERANT MILITARY AND 11,431 ITINERANT GENERAL FOR THE FUEL REPORT FOR THE MONTH OF MARCH, 2026 FROM SELF-SERVE 100 LOW LEAD, WE HAD 10,245, WHICH WAS 111% INCREASE.
[00:05:01]
INCREASE OF 100 LOW LEAD FROM THE TRUCK.WE HAVE HAD 270 GALLONS OF YIELD, 94 AND 72,402 GALLONS OF JET A, WHICH WAS 11% DECREASE OVER THE MONTH OF FEBRUARY, WHICH IS DUE TO THE FACT THAT WE DIDN'T HAVE NEARLY AS MANY JETS BECAUSE OF THE SUPER BOWL.
OUR BASE AIRCRAFT STAYED AT 400 AND WELL, IT'S AT 466, IT WAS 465 LAST MONTH.
FOR THE NOISE REPORTS, OUR PERCENT OF CONCERNS VERSUS OPERATIONS, WE HAD A TOTAL NUMBER OF OPERATIONS OF 18,838.
TOTAL NUMBER OF CONCERNS OF 437, WHICH REPRESENTS 2% OF TOTAL OPERATIONS THAT ARE NOISE CONCERNS.
AND WITH THAT, IF THERE ARE ANY QUESTIONS, WE CAN ENTERTAIN THEM.
YOU GUYS HAVE ANY QUESTIONS? OKAY.
SHARON, HOLD ON ONE QUICK QUESTION.
WHAT, WHAT ARE THE TYPICAL, THE ITINERANT UH, MILITARY PLANES? WHAT KIND OF PLANES ARE THEY? THERE'S 10 TO 14 KIND OF, IS IT? WHAT KIND OF PLANES ARE THOSE? UM, A LOT OF THOSE ARE JET AIRCRAFT.
LIKE THE, UH, PACIFIC FLEET COMMANDS, G FIVE THAT COMES IN FROM TIME TO TIME OR SOME OF THEIR TURBO PROPS.
UM, UH, THE CHINOOKS THAT COME AND GO FROM TIME TO SOME OF THEIR BLACK HAWKS.
THAT'S USUALLY WHAT IT'S WOULD.
DO YOU WANT SOMETHING BIGGER
SO TARA, I'M GLAD YOU'RE HERE 'CAUSE WE'VE BEEN IN THE PAST WHEN AFTER BENNY DOES HIS THING, WE'VE BEEN VOTING TO ACCEPT THE, THE REPORT.
AND THAT, THAT GOT ME THINKING DO WE DIDN'T EVEN NEED TO DO THAT.
BECAUSES AGENDA IS JUST INFORMATIONAL, RIGHT? YEAH, BECAUSE I MEAN, WHAT IF WE VOTED NOT TO ACCEPT THE REPORT? YOU KNOW, WE ALREADY HAD IT SO IT'S NOT REALLY AN ACTION ITEM, SO, SO I CAN JUST MOVE ON.
YEAH, I WOULD JUST TRY TO, YOU KNOW, THINK OF IT IN TERMS OF IF IT'S SOMETHING THAT YOU'RE BEING ASKED TO TAKE ACTION ON, THAT IS A VOTE VERSUS IF YOU'RE JUST HEARING AN UPDATE BUT THE MINUTES HAVE TO BE ACCEPTED.
I MEAN THAT'S, THAT'S A VOTE ON THING.
'CAUSE IT COULD BE CONTENDED THAT SOMEBODY SAID SOMETHING DIFFERENT OR WHATEVER.
OKAY, SO MOVING ON TO UM, ALRIGHT UM, UH, 5.2 PRESENTATION OF THE BROWN ACT AND RULES OF PROCEDURE BY SENIOR AS OH, SENIOR ASSISTANT CITY ATTORNEY
I APPRECIATE, WELL HOPEFULLY YOU GOT A NEW TAX BRACKET TO GO WITH THE NEW TITLE
SO GOOD EVENING AND THANK YOU FOR GIVING ME THIS OPPORTUNITY TO DO THE ANNUAL BROWN ACT PRESENTATION TO YOU ALONG WITH RULES OF PROCEDURE AND WE ACTUALLY DID HAVE AMENDMENTS TO THE BROWN ACT, UM, THAT WENT INTO EFFECT IN JANUARY.
AND THEN THERE'S LIKE ANOTHER PART OF THE BILL THAT WILL BE EFFECTIVE IN JULY.
SO I'LL TALK ABOUT THAT BRIEFLY AT THE VERY END.
BUT IN GENERAL, AND I DID HEAR MENTION OF HUB AND SPOKE AND DAISY CHAIN, SO WE'LL GET TO THAT AS WELL.
BUT ALL MEETINGS OF THE LEGISLATIVE BODY NEED TO BE HELD SO THAT THEY ARE OPEN AND PUBLIC AND SO THAT THE PUBLIC CAN ATTEND AND GET INFORMATION ON THE BUSINESS OF THE AIRPORT COMMISSION.
THE ONLY TIME THAT WOULD NOT APPLY IS IF THERE IS SOME SORT OF EXCEPTION, FOR EXAMPLE, LIKE WHEN CITY COUNCIL HOLDS A CLOSED SESSION MEETING AND THE PURPOSE OF THE BROWN ACT OVERALL IT IS FOR THE PUBLIC TO BE ABLE TO GATHER FACTS AND INFORMATION AND SEE DECISION MAKING BEING MADE OUT IN THE OPEN.
AND I LOVE THIS TAKEN RIGHT FROM THE STATUTE, THE BEGINNING OF THE BROWN ACT.
THE PEOPLE IN DELEGATING AUTHORITY DO NOT GIVE THEIR PUBLIC SERVANTS THE RIGHT TO DECIDE WHAT IS GOOD FOR THE PEOPLE TO KNOW AND WHAT IS NOT GOOD FOR THEM TO KNOW.
AND JUST KEEP IN MIND WHAT THE BROWN ACT, UNDERSTANDING WHAT A LEGISLATIVE BODY IS.
WHAT IS A MEETING? HOW CAN THE PUBLIC PARTICIPATE AND ARE THERE PENALTIES FOR VIOLATING THE ACT, WHICH THERE ARE.
SO A LEGISLATIVE BODY IS A GOVERNING BODY OF A LOCAL AGENCY LIKE THE AIRPORT COMMISSION.
YOU ARE ESTABLISHED BY THE CITY COUNCIL AND YOU HAVE THAT AUTHORIZATION ALONG WITH YOUR RULES OF PROCEDURE, BUT IT CAN ALSO BE A TEMPORARY TYPE OF COMMITTEE.
UM, AND IT CAN BE DECISION MAKING OR ADVISORY.
AND JUST LET ME KNOW IF YOU HAVE ANY QUESTIONS ALONG THE WAY.
A TEMPORARY ADVISORY COMMITTEE THAT IS LESS THAN A QUORUM IS NOT A LEGISLATIVE BODY UNDER THE BROWN ACT FOR EXAMPLE, SAY THERE WAS SOME SORT OF BIG PLAN THAT WAS COMING FORWARD TO A COMMITTEE, LIKE WHEN CLIMATE ACTION PLAN WAS MEETING, I WAS ADVISING THAT BOARD AND
[00:10:01]
THEY HAD TO UPDATE THE CLIMATE ACTION PLAN AND THERE WERE CERTAIN PHASES THAT WERE JUST REALLY LIKE COMPLICATED, WASN'T GOOD FOR THE FULL UM, BOARD TO BE DISCUSSING.WOULD'VE MADE IT GO A LOT FASTER IF THEY COULD JUST HAVE A FEW MEMBERS THAT WEREN'T A QUORUM TO JUST MEET ON THOSE PARTICULAR PARTS OF THE PLAN AND THEN COME BACK AND ADVISE THE FULL BOARD.
SO THEY DID THAT A COUPLE OF TIMES.
SO THE TEMPORARY COMMITTEES WORK REALLY WELL WITH YOUR BIG BOARDS, LIKE 10, 12 PEOPLE ON THEM.
SO THEY ARE NOT SUBJECT TO THE BROWN ACT, BUT AS SOON AS THEIR TASK IS DONE, THEY CAN'T MEET ANYMORE.
BUT YOU DON'T HAVE TO DO THE SAME NOTICING AND AGENDA AND ALL OF THAT.
AND A MEETING IS A GATHERING OF A MAJORITY OF THE MEMBERS OF THE LEGISLATIVE BODY.
AND A LOT OF THAT IS TO DELIBERATE AND MAKE MOTIONS AND TAKE ACTION ON ITEMS THAT, UH, COMES BEFORE THE PARTICULAR BOARD.
SO BE CAREFUL TO AVOID INFORMAL MEETINGS AND THE STARTING POINT FOR EVERY MEETING.
LIKE TONIGHT WE WERE WONDERING WILL WE HAVE A QUORUM, WHICH IS THREE MEMBERS OF THE AIRPORT COMMISSION? WE HAVE TO HAVE THREE OF YOU TO LEGALLY UH, DO BUSINESS BEFORE THE AIRPORT COMMISSION.
OTHERWISE WE WOULD'VE UH, UH, DURING THE MEETING FOR ANOTHER DAY.
AND WE WANT TO TRY TO ALWAYS HAVE FORMAL MEETINGS.
NORMALLY YOUR MEETINGS ARE REGULAR MEETINGS THE FIRST MONDAY OF EVERY MONTH, BUT YOU COULD GO OFF YOUR REGULAR MEETING CALENDAR, YOU COULD HOLD A SPECIAL MEETING AT A DIFFERENT DAY AND TIME.
THAT WOULD BE DIFFERENT NOTICING REQUIREMENTS.
UM, AND THEN THESE INFORMAL MEETINGS, DAISY CHAIN HUB AND SPOKE, AVOID THOSE.
WHAT IS AN ADJOURNED MEETING? SO AN ADJOURNED MEETING IS USUALLY JUST A CONTINUATION OF SOME SORT.
NORMALLY YOU'RE ADJOURNING YOUR REGULAR MEETING TO A NEXT REGULAR MEETING DATE, BUT YOU COULD ALSO DO AN ADJOURNMENT THAT MIGHT BE TO A DIFFERENT DATE OFF YOUR NORMAL CALENDAR, LIKE A SPECIAL MEETING.
UM, IN THAT CASE YOU WOULD JUST ANNOUNCE IT DIFFERENTLY INSTEAD OF GOING TO YOUR, YOU KNOW, SO IT'S LIKE A CONTINUATION.
AND SOMETIMES THE CITY ATTORNEY'S OFFICE WOULD BE, YOU KNOW, INVOLVED IN ADVISING YOU ON THAT.
IF IT IS LIKE A SPECIAL MEETING FOR EXAMPLE, WE WOULD NEED TO MAKE SURE THAT YOU'RE GETTING THE NOTICE WITHIN 24 HOURS OF THE MEETING.
IT'S, YOU JUST KIND OF ONLY HAVE TO STICK TO THE AGENDA WITH THE SPECIAL MEETING.
SO IT'S A LITTLE BIT DIFFERENT.
BUT THE ADJOURNMENT PORTION OF THE AGENDA, THE PUBLIC DOESN'T HAVE A RIGHT TO COMMENT ON THAT.
REGULAR MEETINGS, AS I MENTIONED, UM, YOUR CALENDAR FOR THE YEAR, IT'S ESTABLISHED ON AN ANNUAL BASIS.
SO ALL YOUR REGULAR MEETINGS ARE SET.
SO ANY MEETING THAT IS NOT THAT TIME ON YOUR CALENDAR WOULD LIKELY BE A SPECIAL MEETING OR SOME SORT OF WORKSHOP INSTEAD FOR YOUR REGULAR MEETING WE GET THE AGENDAS POSTED PURSUANT TO THE BROWN ACT, 72 HOURS IN ADVANCE OF THE MEETING.
BUT LIVERMORE OFTEN GOES ABOVE THE BROWN ACT REQUIREMENTS.
FOR EXAMPLE, CITY COUNCIL MEETING AGENDAS.
THOSE USUALLY GET PUBLISHED SOMETIMES A WEEK BEFORE THE MEETING.
SO WE'RE USUALLY AHEAD OF THE BROWN ACT REQUIREMENTS.
I MENTIONED THAT THEY CAN OCCUR AT ANY TIME AND THEY WOULD NORMALLY OCCUR BECAUSE THE CHAIR WOULD RECOMMEND A SPECIAL MEETING OR THE COMMISSION AS A WHOLE WOULD RECOMMEND A SPECIAL MEETING OR BENNY AS UM, 'CAUSE YOU'RE THE LIAISON TO THE AIRPORT COMMISSION, YOU MAY RECOMMEND A SPECIAL MEETING FOR SOME REASON.
SO THAT REQUIRES NOTICE 24 HOURS BEFORE THE MEETING, SO MUCH SHORTER THAN YOUR REGULAR MEETINGS AND YOU HAVE TO STICK TO ONLY THE BUSINESS THAT IS NOTED ON THE AGENDA.
SO EVEN PUBLIC COMMENT CANNOT GO OUTSIDE OF WHAT'S ON THE SPECIAL MEETING AGENDA.
YEAH, SO USUALLY THAT'S UM, WE DON'T GET A LOT OF QUESTIONS ON ADJOURNMENT, BUT SOMETIMES IT CAN BE TRICKY JUST DEPENDING ON THE FACTS.
WHAT WOULD CAUSE THAT? I MEAN IF IT'S A MEETING'S GOING LONG, LONG AND LONG AND THAT'S, YEAH, WELL YEAH.
'CAUSE I THINK YOUR RULES SAY BY LIKE 10:00 PM OR 11:00 PM IT, IT SAYS IN YOUR RULES OF PROCEDURE WHEN YOUR MEETINGS ARE SUPPOSED TO END AND THEN THEY SHOULD PROBABLY BE CONTINUED AT THAT POINT.
SO EXCEPTIONS TO THE BROWN ACT, THESE ARE NOT VIOLATIONS.
SO YOU KNOW, IF THERE'S A QUORUM OF YOU OUT AT A RESTAURANT AND YOU'RE NOT TALKING ABOUT BUSINESS THAT COMES BEFORE THE AIRPORT COMMISSION, THAT'S NOT A BROWN ACT VIOLATION.
BUT YOU KNOW, JUST BE MINDFUL OF APPEARANCES BEFORE THE PUBLIC.
SAME WITH CONFERENCES, COMMUNITY MEETINGS, OTHER LEGISLATIVE
[00:15:01]
BODIES.IF ALL OF YOU WANTED TO ATTEND AN AIRPORT COMMISSION MEETING AT ANOTHER CITY, YOU COULD, BUT IT'D BE ADVISABLE THAT YOU PROBABLY JUST, IF ONLY TWO OF YOU COULD GO.
SO IT'S LESS THAN A QUORUM, THAT WOULD PROBABLY BE A BETTER PERCEPTION TO THE PUBLIC.
BUT SOCIAL CEREMONIAL EVENTS, THAT'S FINE IF YOU'RE ALL THERE.
AND JUST REMEMBER, TRY NOT TO BE DISCUSSING BUSINESS THAT COMES BEFORE THE AIRPORT COMMISSION SERIAL MEETINGS.
THESE ARE WHAT WE TRY TO AVOID.
AND THIS IS WHEN THERE IS A MAJORITY OF YOU OUTSIDE OF YOUR REGULAR OR SPECIAL MEETING DATE AND YOU ARE COMMUNICATING, UM, THROUGH EITHER DIRECT OR INDIRECT TALKING ABOUT SOME ITEM THAT MAY COME BEFORE YOU IN THE FUTURE.
AND IF THAT IS NOT PROPERLY AGENDIZED AND PROPERLY NOTICED, THAT WOULD BE A BROWN ACT VIOLATION.
AND THESE ARE THE TYPES OF SERIAL MEETINGS.
SO YOUR DAISY CHAIN'S GOOD DEPICTION.
YOU'VE GOT ONE MEMBER WHO TALKS TO A SECOND MEMBER AND THEN THE THIRD UNTIL THERE'S A QUORUM REACHED.
AND IF IT HAS TO DO WITH, YOU KNOW, AN ITEM THAT WOULD COME BEFORE YOU AND THERE'S DELIBERATION AND MAYBE OPPOSITION OR SUPPORT BEING DISCUSSED OR TRYING TO, YOU KNOW, INFLUENCE A VOTE OF SOME SORT THAT WOULD BE A BROWN ACT VIOLATION AND THEN HUB AND SPOKE LIKE IN THE CASES, THE LEGAL CASES OUT THERE ON BROWN ACT VIOLATIONS.
THIS IS THE FACT PATTERN THAT'S REALLY COMMON.
AND SOMETIMES IT'S JUST AN INNOCENT EMAIL THAT COMES FROM STAFF THAT GOES OUT TO ALL OF THE MEMBERS OF A BOARD AT ONCE AND SOMEHOW THEY'RE ABLE TO COMMUNICATE WHETHER IT'S THROUGH LIKE EMAIL OR OTHER KIND OF WRITTEN CORRESPONDENCE.
BUT IT ENDS UP ALMOST BEING LIKE A VOTE ON AN ITEM THAT HAS NOT BEEN, UM, NOTICED AS A PUBLIC MEETING.
SO SOMETHING TO BE MINDFUL OF.
AND AGAIN, JUST A REMINDER, IT'S THE COMMUNICATION ITSELF.
IT'S THE CONTENT OF THE COMMUNICATION THAT IS WHAT WE WOULD LOOK AT.
AND THE BROWN ACT DOES APPLY TO YOUR EMAILS, TO YOUR ELECTRONIC COMMUNICATIONS.
SAME WITH SOCIAL MEDIA PLATFORMS. JUST A WARNING THERE.
AND SO THE BROWN ACT NOW DOES CONTAIN THIS AREA ON SOCIAL MEDIA USE.
YOU ARE ABLE TO BE ON SOCIAL MEDIA AND ANSWER QUESTIONS, PROVIDE INFORMATION.
FOR EXAMPLE, IF YOU WERE ON ONE OF YOUR SOCIAL MEDIA ACCOUNTS AND A MEMBER OF THE PUBLIC REACHED OUT AND THEY'RE LIKE, HEY, I WOULD LOVE TO GO TO AN AIRPORT COMMISSION MEETING, IT'S FINE FOR YOU TO SAY WE HAVE A MEETING MAY 4TH, SIX 30 COME ATTEND.
UM, IF THE AGENDA'S ALREADY BEEN PUBLISHED, YOU COULD PROVIDE INFORMATION ON THE AGENDA.
BUT WHAT STARTS TO COME INTO THE BROWN ACT VIOLATION TERRITORY IS IF THERE'S ANOTHER MEMBER OF THAT BOARD AND THEY'RE STARTING TO COMMENT ON THAT SAME POST.
SO YOU'RE REALLY NOT SUPPOSED TO BE DOING THAT.
NOT EVEN DOING EMOJIS OR LIKING THAT POST.
AND THAT'S JUST FOR TWO MEMBERS.
IT DOESN'T EVEN HAVE TO BE A QUORUM IN THAT CIRCUMSTANCE.
SO THE BROWN ACT IS TRYING TO EVOLVE AND STAY CURRENT WITH TECHNOLOGY.
BUT YEAH, IT'S JUST, UM, KIND OF TRIAL AND ERROR FOR, FOR SOME PUBLIC AGENCIES.
AND JUST A REMINDER, WE STILL HAVE THE CITY OF SAN JOSE CASE THAT IS VALID AND IS HELD THAT, UM, THOSE EMPLOYEES AT SAN JOSE, THEIR COMMUNICATIONS, WHICH WERE BUSINESS RECORDS OF CITY OF SAN JOSE, THEY WERE ON THEIR PRIVATE, UH, PHONES I BELIEVE IT WAS, OR EMAIL.
BUT THOSE PRIVATE ACCOUNTS WERE NOT IMMUNE FROM GOING IN AND HAVING PUBLIC RECORDS, UM, CAPTURED AND THEN DISCLOSED TO THE PUBLIC.
SO THE COURT WAS VERY CLEAR THAT EVEN IF IT'S AN EMPLOYEE'S PRIVATE ACCOUNT, YOU CAN'T NECESSARILY HIDE A BUSINESS RECORD AND THAT BUSINESS RECORD THE CONTENTS OF IT.
IT MIGHT AMOUNT TO A BROWN ACT VIOLATION.
SO BE MINDFUL OF THOSE ACCOUNTS AND JUST BASIC REQUIREMENTS.
THE MEETINGS HAVE TO BE PROPERLY NOTICED.
UM, THE AGENDA HAS THE ITEM DESCRIPTIONS AND YOU NEED TO STICK TO WHAT THE AGENDA PROVIDES FOR AND NOT BE GOING OUTSIDE OF THAT.
UM, AND IT MUST BE COMPLETELY ACCESSIBLE TO THE PUBLIC AND HAS TO BE WITHIN THE CITY'S JURISDICTION AS YOU ALWAYS ARE.
AND THIS IS JUST THE NOTICE REQUIREMENTS 72 HOURS BEFORE YOUR REGULAR MEETINGS,
[00:20:01]
WHICH ALWAYS GETS MET.SO AS LONG AS THE, THE DESCRIPTION AND THE AGENDA FOR EACH ITEM IS SOMETHING THAT THE PUBLIC CAN UNDERSTAND, IT'S GOING TO COMPLY WITH THE BROWN ACT.
AND THAT'S WHERE THERE'S SO MUCH WORK THAT GOES ON BETWEEN DEPARTMENTS BEFORE WE GET TO MEETINGS OF THE ADVISORY BOARDS BETWEEN THE CITY CLERK'S OFFICE, THE STAKEHOLDER DEPARTMENTS.
SO FOR YOU GUYS THE AIRPORT, MAKING SURE THAT THE AGENDA IS CLEAR, THAT IT'S TRANSPARENT, THAT YOU KNOW, THERE AREN'T GONNA BE PROBLEMS AT THE MEETING.
PEOPLE WILL UNDERSTAND WHAT YOU'RE GOING TO MEET AND DISCUSS AND WHAT ACTION YOU'RE GONNA TAKE.
SO A LOT OF WORK GOES IN BEFOREHAND.
AND OF COURSE WE HAVE TO HAVE UM, OPEN FORUM OUR PUBLIC COMMENT PERIOD ON THE AGENDA AS WELL.
AND THIS IS WHERE I SEE SOME OF THE BIGGEST PROBLEMS IS JUST, YOU KNOW, DURING PUBLIC COMMENT, MEMBERS OF THE PUBLIC WILL COME UP AND THEY'LL ADDRESS YOU AND IT'S BUSINESS THAT'S IN THE AIRPORT COMMISSION'S JURISDICTION, BUT IT'S NOT ON THAT AGENDA FOR THAT EVENING.
SO, YOU KNOW, THE PUBLIC GETS THEIR THREE MINUTES AND IT'S FINE FOR THEM TO TALK ABOUT THAT, BUT I THINK THERE'S THAT JUST BEING CAUTIOUS THAT YOU'RE NOT ENGAGING IN A BACK AND FORTH CONVERSATION WITH THEM.
THE PUBLIC SHOULD REALLY BE ADDRESSING THE ENTIRE AIRPORT COMMISSION AND NOT JUST TRYING TO CARRY ON A CONVERSATION BACK AND FORTH WITH ONE OF YOU.
AND I THINK THAT'S WHERE I SEE, YOU KNOW, IT'S HARD WHEN YOU'VE GOT THE PUBLIC BEFORE YOU, YOU WANNA BE RESPONSIVE, BUT YOU CERTAINLY CAN ASK AIRPORT STAFF TO RESPOND TO THEM, PROVIDE INFORMATION.
YOU CAN ASK FOR A AGENDA ITEM TO BE PLACED ON THE FUTURE AGENDA.
BUT THIS IS WHERE I THINK, UM, SOMETIMES IF I SEE BROWN ACT VIOLATIONS, IT HAS TO DO WITH THIS OCCURRENCE.
COMMISSIONER FARLEY HAS A QUESTION.
UM, IF IT IS ON, IF SOMETHING IS ON THE AGENDA LIKE UNLEADED GAS OR SOMETHING AND SOME PEOPLE COME HERE AND ARE SAYING THINGS, I THINK IN THE PAST WE'VE SORT OF TAKEN NOTES OR NODDED OR WHATEVER, BUT I DON'T THINK WE'VE ACTIVELY ENGAGED MUCH WITH WHAT THEY MIGHT HAVE TO SAY.
BUT IT IS ON THE AGENDA FOR EXA, LET'S JUST SAY, RIGHT? ARE WE, SHOULD WE NOT ENGAGE? EVEN IF IT IS ON THE AGENDA? I THINK IF IT'S AN ITEM THAT IS ON THE AGENDA AND THE PUBLIC IS THERE'S A MEMBER OF THE PUBLIC, IT'S PUBLIC COMMENT PERIOD FOR THAT ITEM, LET THEM HAVE THEIR THREE MINUTES.
BUT I WOULD REALLY TRY TO ENCOURAGE THEM TO MAYBE IF THEY HAVE TECHNICAL TYPE QUESTIONS THAT THEY'RE ASKING STAFF FOR INFORMATION, INSTEAD OF TALKING TO YOU INDIVIDUALLY AS A COMMISSION, I WOULD REALLY JUST MAYBE YOU, UM, CHAIR WOULD LOOK OVER TO AIRPORT STAFF.
AND IF IT'S A QUESTION THAT THEY CAN ANSWER OR FOLLOW UP WITH, YOU ARE DIRECTING STAFF.
I'VE KIND OF LEARNED OVER THE YEARS THAT BECAUSE I I I'VE BEEN IN TROUBLE ON THIS MANY TIMES.
IT, IT, IT NEVER IS BAD TO JUST THANK THE PERSON FOR TALKING AND THEN MOVE ON.
BUT UM, I KNOW BUT SOMETIMES THEY BRING UP STUFF SO THEN IT'S GOOD TO GO, HEY, UM, YES, THEN HE IS CAN CAN, CAN YOU, UH, GIVE US MORE INFORMATION ON THAT THEN? 'CAUSE THEN I'M TALK THEN IT'S JUST MORE APPROPRIATE I THINK.
AND LESS OF A RISK OF ANY SORT OF VIOLATION, WHETHER IT'S YOUR PARLIAMENTARY RULES OR BROWN ACT IF IT'S STAFF.
REALLY, I THINK ANSWERING THOSE QUESTIONS AND LETTING THE PUBLIC KNOW THAT EITHER PROVIDING THE INFORMATION IF YOU CAN, UM, OFF THE TOP OF YOUR HEAD OR GETTING BACK TO PEOPLE.
BECAUSE REALLY IN THAT I WOULD HANDLE IT INSTANCES, LIKE YOU SAID, I MEAN THE BROWN ACT, YOU KNOW, KIND OF MAKES US LOOK LIKE WE DON'T CARE WHAT THEY'RE TALKING ABOUT.
'CAUSE THEY JUST TALK ABOUT LIKE WAS A COUPLE WEAK, UH, MEETINGS AGO.
WE HAD, UM, COME IN AND TALK ABOUT ALL THIS STUFF ABOUT THE YEAH.
THE REPORTS THAT WE'RE GETTING AND HOW WE'RE NOT GETTING ALL THIS INFORMATION.
HE CAN'T KEEP TRACK OF THINGS AND YEAH.
BUT COMMISSIONER FARLEY, I WOULD SAY JUST KEEP IN MIND IT'S PUBLIC COMMENT.
IT'S THEIR CHANCE TO HAVE TESTIMONY TO COMMENT ON SOMETHING.
WHAT I, WHAT I MEANT WAS IF YOU GO TO THE PREVIOUS SLIDE, SO IT IS, LET'S SAY IT IS ON THE AGENDA AND FOR WHATEVER REASON WE ENGAGE, IT'S NOT PROHIBITED.
[00:25:01]
A RULE.YOU'RE JUST SAYING TO DISCOURAGE DOING THAT.
BUT WE HAVEN'T VIOLATED SOMETHING IF WE ENGAGE, IF YOU ENGAGE, UM, I THINK THE RISK WITH THAT, I UNDERSTAND WHAT YOU'RE SAYING.
I WOULD AGREE IT'S NOT A HUNDRED PERCENT BROWN ACT VIOLATION, BUT THE LONGER THAT THAT BACK AND FORTH COMMUNICATION OCCURS, THE GREATER CHANCE OF YOU PROBABLY MAYBE GETTING OFF TRACK A LITTLE BIT ON THAT AGENDA ITEM.
AND SO THAT'S WHERE I WOULD JUST CAUTION, IF YOU FEEL YOU'RE GETTING OFF TRACK OF WHAT THIS AGENDA ITEM IS AND WHAT YOU'RE GONNA BE VOTING ON, THEN THAT'S WHEN I THINK YOU NEED TO JUST STOP THE CONVERSATION, REMIND THE PERSON THAT IT'S A TIME TO COMMENT.
SO IT'S JUST TO REVIEW AND BE CLEAR.
IF FOR WHATEVER REASON THERE'S A TOPIC AND FOR WHATEVER REASON I SEEM TO KNOW ABOUT THAT AND IT'S GONNA BE CONFINED PRECISELY WITHIN THAT AGENDA ITEM.
I'M JUST GONNA SAY MY TWO SENTENCES FOR EXAMPLE.
'CAUSE I KNOW THAT FACT OR WHATEVER AND I STOPPED THERE.
WE DON'T START GOING ON TO NOISE OR WHATEVER ELSE THEY MIGHT ALSO WANT TO TALK ABOUT.
YOU'RE JUST SAYING THERE'S A DANGER TO VEER OFF COURSE.
SO IF SOMEBODY COMES, UM, IN PUBLIC COMMENT TO MAKE A PUBLIC COMMENT AND A DISCOURSE STARTS HAPPENING, ARE YOU RUNNING INTO A POTENTIAL ISSUE WHERE NOW THAT PERSON IS GETTING A PUBLIC COMMENT PERIOD LONGER THAN ANYBODY ELSE WOULD POTENTIALLY GET IF YOU'RE LIMITING PUBLIC COMMENT TO THREE MINUTES? YES.
AND SO YOU WANT TO STAY AWAY FROM THAT.
SO IF SOMEONE'S PUBLIC COMMENTING AND THEY HIT THEIR THREE MARK I AGREE WITH OR THEIR THREE MINUTE MARK AND NOW YOU WANT HAVE A BACK AND FORTH, YOU'RE EXTENDING THEIR TIME, WHICH YOU SHOULDN'T DO.
SO IN A MORE APPROPRIATE WAY, LIKE TO DARREN'S POINT, WE HAD A A COMMENT, A COMMENTER LAST MONTH THAT WAS TALKING ABOUT THE, THE REPORTING SYSTEMS OF THE BREAKOUT OF OPERATIONS, ET CETERA.
SO IT WOULD BE MORE APPROPRIATE THAT ONE OF US TOOK POSSIBLY THAT INFORMATION AND SAID TOWARDS THE END OF THE MEETING, SAY THAT, LET'S PUT THAT ON THE NEXT AGENDA BECAUSE WE CAN, WE, THAT'S SOMETHING THAT'S, THAT'S OUR WAY OF LISTENING, RIGHT? OR OR ACKNOWLEDGING.
DO YOU AGREE WITH YOU MAYBE TO SOME POINT AND THEN PUT THAT ON THE AGENDA FOR NEXT MONTH OR PASS IT TO BENNY.
I GUESS THAT WOULD BE THE, A MORE APPROPRIATE WAY TO HANDLE IT, RIGHT? I AGREE.
AND AND IF YOU DESIRE TO OPEN THE IF IF, YEAH, EXACTLY.
AND I THINK TO JUST TO PAIR IT WHAT TARA SAID, THESE ARE PUBLIC COMMENTS, NOT Q AND AS.
IF YOU GO TO A CITY COUNCIL MEETING, A SCHOOL BOARD MEETING, EVERYTHING THAT'S RUN THROUGH THE BROWN ACT, IT'S, IT'S HARD TO NOT REACT AND RESPOND.
BUT THAT IS NOT THE APPROPRIATE THING TO DO IN THIS IT CITY COUNCIL MEETINGS.
IT'S LIKE ASSEMBLY, RIGHT? YEP, EXACTLY.
AND SO CHAIR, YOU COULD LIMIT THE DURATION OF THE COMMENT, WHICH IT'S SET IN OUR AGENDA.
WE'RE CLEAR THAT IT'S A THREE MINUTE OPPORTUNITY.
UM, AND ARE WE REQUESTING THE SPEAKER CARDS TO BE FILLED OUT? SO WE CAN'T FORCE FOLKS TO FILL OUT THOSE SPEAKER CARDS IF THEY REFUSE TO FILL THEM OUT, WE SHOULD STILL ALLOW THEM TO MAKE A COMMENT.
WE CAN'T HAVE THEM SUPPLY THEIR NAME, THEIR ADDRESS, BUT WE STRONGLY WILL USUALLY REQUEST A SPEAKER CARD TO BE FILLED OUT AND INFORMATION.
IT'S JUST GOOD FOR THE RECORD OF THE MEETING.
SO SPEAKERS SHOULD NOT BE RESTRICTED OR OTHERWISE LIMITED BASED ON THEIR VIEWPOINTS AND DO NOT PREVENT SPEAKERS FROM PARTICIPATING IF THEY DON'T PROVIDE THEIR NAME OR ADDRESS.
AND I THINK CHAIR BISHOP, YOU'RE GOOD ABOUT THIS.
LIKE YOU'LL GO THROUGH ITEMS AND EVEN IF THERE ISN'T UM, YOU KNOW, AN AUDIENCE, YOU'LL USUALLY ASK IF THERE ARE ANY PUBLIC COMMENTS.
I KNOW I'M JUST LOOKING FOR EXCITEMENT, JUST GETTING THE RECORD.
AND EVEN IF IT'S NEGATIVE COMMENTS, YOU'LL ALLOW THOSE
I KNOW WE JUST DON'T HAVE REALLY ROUGH STUFF GOING ON
SO THERE CAN BE PENALTIES FOR BROWN ACT VIOLATIONS.
USUALLY IT'S A DISTRICT ATTORNEY'S OFFICE THAT DOES THESE INVESTIGATIONS.
[00:30:01]
A CEASE AND DESIS LETTER.THEY MAY ORDER LIKE WHATEVER THE ITEM WAS THAT WAS WRAPPED UP WITH THE BROWN ACT VIOLATION.
SAY IT WAS A AGREEMENT THAT WAS APPROVED AT CITY COUNCIL.
PROBABLY THE WORST PENALTY IN MY OPINION, IS JUST THE UM, DAMAGE TO THE PUBLIC TRUST, THE EMBARRASSMENT WITH BROWN ACT VIOLATIONS.
IN THOSE CASES THERE COULD BE CRIMINAL PROSECUTION.
USUALLY THEY HAVE TO PROVE THAT THERE WAS INTENTIONAL WANTING TO THWART THE BROWN ACT ON PURPOSE AND UM, DO SOMETHING ILLEGAL IN THAT CONTEXT.
SO THAT'S IT ON THE BROWN ACT.
YOUR RULES OF PROCEDURE HAVE BEEN, UH, PROVIDED AND ADOPTED BY THE CITY COUNCIL AND THE LAST UPDATE IS FROM APRIL, 2022.
AND WITH THAT UPDATE, IT WAS GREAT BECAUSE BEFORE THIS VERSION, THE COUNCIL RULES SOMETIMES CONFLICTED WITH THE AIRPORT COMMISSION RULES AND WITH OTHER ADVISORY GROUP RULES.
SO IN APRIL, 2022, THEY MADE THE RULES ALMOST IDENTICAL.
SO ALL OF THE AREAS EXCEPT FOR OBVIOUSLY THE NUMBER OF MEMBERS, THE QUORUMS, THAT'S DIFFERENT.
BUT RARELY NOW DO WE HAVE THAT CONFLICT WITH THE COUNCIL RULES.
AND YOU HAVE YOUR COUNCIL RULES OF PROCEDURE, YOUR AIRPORT COMMISSION RULES OF PROCEDURE AND THEN YOUR ROSENBERG'S RULES OF ORDER.
AND THIS JUST GOES OVER THE PRIORITY AND USUALLY THE CITY COUNCIL RULES HAVE PRIORITY OVER EVERYTHING.
BUT AGAIN, WITH THIS RECENT VERSION WE HAVE OF YOUR RULES, I NEVER COME INTO THIS UM, ISSUE ANYMORE.
I DUNNO IF YOU GUYS EVER EXPERIENCED THAT.
AND JUST STARTING POINT OF THE MEETING AGAIN, WE TALKED ABOUT A QUORUM AND IF NO QUORUM YOU NEED TO ADJOURN THE MEETING.
POINTS OF ORDER ARE SETTLED BY THE CHAIR.
AND THIS IS THE SLIDE I JUST ALWAYS MENTION.
IF THE CHAIR, VICE CHAIR, IF YOU'RE RUNNING THE MEETING, THIS IS JUST A REALLY GOOD SLIDE TO FOLLOW.
IF YOU FOLLOW THIS BASIC PATTERN HERE FOR EVERY ITEM YOU'RE GOING TO BE IN COMPLIANCE WITH YOUR PROCEDURAL RULES AND LIKELY THE BROWN ACT.
AND WE ALWAYS DO IT THE WRONG WAY,
AND SECOND, NOT EVEN TO COMMENT.
NOW THAT WOULD BE A DAISY TOO.
VOTING BUT NOT LASTING FOR A FIVE MEMBER COMMISSION.
YOU HAVE TO HAVE THREE TO HOLD YOUR MEETINGS.
WE DON'T EVER REALLY HAVE VOTING ISSUES, UM, WITH AIRPORT COMMISSION, RIGHT? MM-HMM
I MEAN WE HAD A QUESTION TONIGHT, BUT I DON'T HEAR VERY MANY QUESTIONS ABOUT IT.
BUT IF SAY FOUR OF YOU SHOWED UP TONIGHT AND THERE WAS A VOTE AND IT WAS TWO TO TWO, THE MOTION WOULD FAIL, BUT THEN BENNY AS THE LIAISON COULD TRY TO HAVE YOU DELIBERATE AGAIN AND MAYBE COME TO A DIFFERENT RESULT.
ABSTENTIONS ARE FROWNED UPON BY THE CITY COUNCIL.
AND IF YOU READ THE CITY COUNCIL RULES, IT IS BECAUSE THEY ARE APPOINTING MEMBERS OF THE PUBLIC TO SERVE ON ADVISORY BOARDS.
AND THEY EXPECT WITH THAT THE RESPONSIBILITY THAT THE MEMBERS SHOW UP TO MEETINGS, THAT THEY PARTICIPATE AND THEY VOTE.
BUT ON OCCASION THERE COULD BE A CONFLICT OF INTEREST ISSUE OR YOU WEREN'T AT A MEETING.
SO YOU CAN'T APPROVE THE MINUTES WHERE YOU HAVE TO BE SILENT, YOU CAN'T VOTE.
BUT ABSTAINING JUST BECAUSE YOU WANNA BE SILENT AND YOU'RE NOT TALKING TO THE CITY ATTORNEY'S OFFICE OR TO AIRPORT STAFF ABOUT WHY YOU DON'T WANNA VOTE ON AN ITEM, THAT'S USUALLY JUST GONNA END UP, YOUR SILENCE WILL BE TABULATED ALONG WITH THE MAJORITY OF THE VOTES.
SO ALWAYS BEST IF YOU THINK YOU MIGHT HAVE A CONFLICT OF INTEREST ISSUE, YOU HAVE A QUESTION ABOUT SHOULD YOU OR SHOULDN'T YOU VOTE ON AN ITEM, REACH OUT TO AIRPORT STAFF, REACH OUT TO CITY ATTORNEY'S OFFICE AND WE CAN HELP YOU THROUGH THAT BEFORE THE MEETING.
SO THEN IT ALL GOES SMOOTHLY THE NIGHT OF, AND ALL MEETINGS ARE OPEN TO THE MEDIA AND MEMBERS OF THE PUBLIC CAN RECORD THE AIRPORT COMMISSION MEETINGS SO THEY CAN PULL THEIR PHONES OUT.
IT JUST CAN'T GET TO WHERE IT'S DISRUPTIVE, IT'S CREEPY.
UM, USUALLY WHERE WE SEE THOSE ISSUES ARE LIKE GROUPS THAT WILL COME TO CITY COUNCIL MEETINGS.
NOT SO MUCH IN LIVERMORE, BUT PRIOR CITIES I'VE WORKED FOR THAT WAS AN ISSUE.
SO TRANSPARENCY LAWS, EVERYTHING REALLY.
THE GRANDDADDY IS THE CALIFORNIA CONSTITUTION.
THAT'S REALLY WHERE WE HAVE ARTICLES THAT SAY THE, YOU KNOW, BUSINESS OF THE GOVERNMENT IS THE PUBLIC BUSINESS AND THAT LOCAL GOVERNMENT ESPECIALLY NEEDS
[00:35:01]
TO BE TRANSPARENT.AND THAT'S WHERE THE BROWN ACT AND PUBLIC RECORDS ACT, THOSE LAWS REALLY STEMMED FROM THOSE ARTICLES IN THE CALIFORNIA CONSTITUTION.
AND THEN YOU SHOULD BE COMPLETING YOUR FORM 700 FORMS EVERY YEAR.
AND THAT'S JUST PART OF THE POLITICAL REFORM ACT, TRYING TO ELIMINATE CONFLICTS OF INTEREST AND UH, FINANCIAL CONFLICTS OF INTEREST.
SO THAT'S WHY WE FILL THOSE FORMS OUT.
SO JUST SOME KEY POINTS, PITFALLS.
SO SB 7 0 7 PRETTY EXTENSIVE AMENDMENTS TO THE BROWN ACT AND MANY OF THE REQUIREMENTS, UM, ESPECIALLY WITH ADDING LANGUAGE ACCESS WILL APPLY TO COMMUNITIES.
I'M NOT REALLY SURE THAT LIVERMORE IS GOING TO HAVE KIND OF THAT THRESHOLD, UM, WITH LANGUAGES SPOKEN WHERE WE'RE GOING TO HAVE TO REALLY ENGAGE IN A LOT OF THE LANGUAGE ACCESS PARTS OF THIS NEW LAW.
BUT WE WILL HAVE TO BE LOOKING AT OFFERING THE TWO-WAY EITHER AUDIO OR VIDEO, UM, INTERCHANGE WITH THE PUBLIC FROM REMOTE LOCATIONS.
AND SO I KNOW OUR CITY CLERK IS LOOKING AT THAT AND HOW THAT'S GOING TO IMPACT MEETINGS.
WE HAD TO SUPPLY ALL OF THE ADVISORY BOARD MEMBERS, COUNCIL MEMBERS WITH AN ACTUAL COPY OF THE BROWN ACT.
SO YOU SHOULD HAVE RECEIVED THAT.
AND I KNOW YOU GOT IT WITH, UM, THIS TRAINING AND THIS AGENDA.
AND IT WILL JUST REALLY PUT INTO PERMANENT PLACE SOME OF THE CHANGES THAT WERE GOING ON WITH REMOTE MEETINGS AND TELECONFERENCING THAT REALLY SURFACED DURING THE PANDEMIC.
AND SO THOSE PROVISIONS ARE BECOMING MORE PERMANENT, UM, AT LEAST THROUGH 2030.
SO THE BROWN ACT, YOU KNOW, WE RARELY SAW ANYTHING BEING ADDED TO IT BEFORE THE PANDEMIC.
AND THEN THAT'S WHEN WE STARTED TO SEE OBVIOUSLY THE NEED FOR CHANGES.
AND NOW I THINK IT'S JUST A MATTER OF THE LEGISLATURE WILL BE TRYING TO KEEP UP WITH TECHNOLOGY AND AMENDING THE BROWN ACT AS THAT DEVELOPS.
SO IF WE GET ANY MORE NEW AMENDMENTS, I'LL BE SURE TO LET YOU KNOW.
BUT YEAH, FOR NOW, THAT'S THE EXTENT OF WHERE WE'RE AT WITH IT.
ANY QUESTIONS? I HAVE SOME, BUT I DON'T WANT TO DOMINATE
YOU MIGHT HAVE THE SAME QUESTIONS WE ALL HAVE.
WHEN, WHEN, WHEN WAS THE, OR HAS THERE BEEN IN THE CITY OF LIVERMORE, THE LAST BROWN ACT VIOLATION, HAS THERE EVER BEEN ONE THAT YOU'RE AWARE OF?
SO THE CITY ATTORNEY, JASON ALCALA WHO HIRED ME, HE WOULD KNOW THE ANSWER TO THAT.
BUT SINCE I'VE BEEN HERE, I HAVEN'T ENCOUNTERED A VIOLATION WHERE IT GOT TO LIKE THE DISTRICT ATTORNEY ORDERING LIKE A CEASE AND DESIST.
NOT ALL THE TIME, BUT IT'S PROBABLY A COMMON, BUT IT'S PROBABLY JUST THAT ACCIDENT OR UNINTENTIONAL.
AND THAT'S WHERE I THINK, YOU KNOW, ESPECIALLY WHEN IT COMES INTO THE CRIMINAL PROSECUTION PART, LIKE INTENT TO REALLY, YOU KNOW, UM, VIOLATE THE ACT AND CIRCUMVENT IT.
LIKE THAT INTENT REALLY NEEDS TO BE PRESENT.
AND I'M NOT GONNA SAY IT NEVER HAPPENS, BUT IT'S NOT SUPER COMMON TO SEE PUBLIC AGENCIES THAT ARE GETTING THESE, YOU KNOW, INVESTIGATIONS FOR BROWN ACT VIOLATIONS.
BUT DEFINITELY THE COURTS WHEN, YOU KNOW, THINGS LIKE THE SAN JOSE COURT WITH PUBLIC RECORDS BEING ON, UM, EMPLOYEES, YOU KNOW, PERSONAL DEVICES AND WHATNOT, LIKE THE COURTS TAKE THIS POSITION OF JUST, THEY EXPECT TRANSPARENCY.
LIKE THAT'S EVIDENT WHEN I LOOK THROUGH THE CASES.
SO JUST BETTER TO, UM, TRY TO KEEP THE PITFALLS IN MIND AND AVOID THOSE SO THAT WE DON'T HAVE A ISSUE.
WE SHOULD START THREE MINUTE TIMER ON HIM.
COMMISSIONER FARLEY, UM, LOGISTICAL FOR EXAMPLE, IF, IF ANGELA SENDS ALL OF US SOME EMAIL, WHICH DOES HAPPEN SOMETIMES, LIKE, HEY, THIS HAS CHANGED OR WHATEVER, AND I ACCIDENTALLY CLICK REPLY ALL.
SO NOW, AND I MIGHT EVEN SAY SOMETHING NOTHING LIKE, HEY, LET'S ALL GET TOGETHER AND, AND TALK ABOUT BUSINESS.
BUT I MIGHT JUST SAY A RESPONSE TO WHATEVER SHE WAS ASKING ABOUT.
AND NOW I'VE INCLUDED EVERYBODY IN MY RESPONSE.
DID IS THAT A VIOLATION TECHNICALLY, EVEN IF IT WASN'T INTENTIONAL? I DON'T THINK SO.
I DON'T THINK THAT, YEAH, BUT WELL, IT'S AN EXAMPLE.
[00:40:01]
SAY IT DIDN'T GET DELIVERED HOW YOU NORMALLY WOULD DELIVER IT AND YOU REPLIED ALL AND EVERYBODY SAW YOUR REPLY.IT IS THE CONTENT OF YOUR COMMUNICATION THAT WOULD BE THE VIOLATION.
SO IF YOU'RE STARTING TO TALK TO OTHER COMMISSIONERS ABOUT AN ITEM ON AN UPCOMING AGENDA, AND YOU ARE SAYING, YOU KNOW, WELL WHAT DO YOU THINK ABOUT THIS? 'CAUSE I'M NOT SURE THAT I LIKE THIS ITEM.
YOU KNOW, IF IT GOES TO THAT SORT OF CONVERSATION, THAT'S WHERE YOU COME IN TO RISK OF IT BEING LIKE A DE A DELIBERATION AND TRYING TO INFLUENCE VOTES OUTSIDE OF A MEETING THAT, THAT'S CLEAR.
I JUST WANTED TO MAKE SURE THE THRESHOLD IS, BUT YOU'RE FINE IF IT'S JUST AN ACCIDENTAL REPLY ALL I'M, I'M JUST USING THIS AS AN EXAMPLE.
AND I GO, OOPS, I JUST MADE A QUORUM THAT DIDN'T VIOLATE ANYTHING.
AND THAT SOUNDED LIKE JAIL TIME TO ME, BUT IT WAS YEAH,
OH, YOU HAVE A, YOU HAVE A FOLLOW UP TO THAT THERE, YOU GET NO COMMENTS,
YEAH, WELL TRY TO, YOU KNOW, NOT PUT YOU IN THAT POSITION.
SO COMMISSIONER SHELLENBERGER, ANGELA TYPICALLY REALLY ONLY ASKS US AS A GROUP TO MENTION IF WE'RE OKAY WITH, UM, DOING A, A DIFFERENT MEETING TIME IF WE HAVE TO DO A SPECIAL MEETING OR IF TO VERIFY IF WE'RE GONNA BE THERE FOR A QUORUM.
THAT'S, THAT'S THE ONLY THING I'VE EVER SEEN HER REALLY ASK US AS AN EXEMPLAR.
BUT EVEN THAT, IF I SAID YES, BUT THAT'S NOT A DIS THAT'S NO, THAT'S NOT GOING TO AMOUNT TO A VIOLATION.
I I JUST WANTED TO SEE WHERE THE CLEAR BAR YES.
AND I, THE WORST CASE WOULD BE SOME PERSON SOMEHOW GOT ACCESS TO THIS EMAIL, SAID, AHA, COMMISSIONER FARLEY TALKS TO EVERYBODY, THIS IS TROUBLE.
AND I CAN SAY, NO, IT'S, NO IT'S NOT.
IT'S, YOU KNOW, NOT AMOUNTING TO TRYING TO DEVELOP LIKE A CONSENSUS OR A VOTE ON AN ITEM.
I MEAN, THAT'S REALLY WHAT THE BROWN ACT, YOU KNOW, THEY WANT THE PUBLIC INVOLVED IN THAT PROCESS.
THEY DON'T WANT THAT HAPPENING BEHIND CLOSED DOORS.
ONE, ONE, UH, ONE LAST MENTION BY COMMISSIONER SHELLENBERGER ABOUT, UM, REMOTE PARTICIPATION IN REMOTE MEETINGS.
OBVIOUSLY WE DID THINGS DURING THE PANDEMIC THAT WAS IMPORTANT AND THAT'S WHY THAT'S THERE.
BUT I BELIEVE WE'VE AGREED AS A BODY TO NOT HAVE A DUAL IN-PERSON AND REMOTE AT THE SAME TIME.
AND I'M WONDERING, IS THAT GOING TO CHANGE OR IS THAT'S GOING TO STAY? WE'RE WE'RE, WE'RE EITHER REMOTE OR WE'RE IN PERSON, BUT FOR NOW IT'S GOING TO STAY.
AND UNLESS CITY CLERK IS TOLD YOU SOMETHING ELSE, BUT THE MEETINGS ARE RECORDED AND SO YEAH.
BUT IT'S GOING TO JUST STAY STATUS QUO, AT LEAST FOR THE ADVISORY BOARDS COME.
THE ONLY REASON WE'RE DOING THAT IS 'CAUSE LOCKDOWNS, RIGHT? MM-HMM
QUESTION NUMBER TWO, START THE CLOCK.
SO THE SOCIAL MEDIA THING, I'M, I'M NOT INTO SOCIAL MEDIA, BUT I'VE BEEN FORCED TO LIKE GET AN INSTAGRAM ACCOUNT AND STUFF JUST TO KEEP UP WITH LACROSSE OR WHATEVER.
AND I'LL BE PLAYING AROUND ON THERE AND YOU CLICK SOMETHING, ALL OF A SUDDEN A HEART EMOJI SHOWS UP THAT YOU'RE LIKE AGREEING WITH WHATEVER THAT INSTAGRAM BUSINESS WAS.
AND YOU DON'T KNOW, YOU CAN GO, YOU STILL LEARN HOW TO REMOVE THAT.
I DON'T LIKE THAT
BUT ALSO YOU CAN GO IN THERE AND SEE WHO THE PEOPLE ARE WHO GAVE THE THUMBS UP OR GAVE YOU CAN GO AND IF YOU REALLY WANT TO, BUT ONE COULD IMAGINE THERE'S LIKE AN AIRPORT THING ON ONE OF THESE THINGS.
AND I'M JUST PICKING INSTAGRAM.
AND LET'S SAY DARREN HAD DONE A THUMBS UP, YOU KNOW, GO NAVY OR WHATEVER.
AND I DON'T EVEN KNOW HE DID THAT.
'CAUSE I'M NOT GONNA LOOK AT A HUNDRED DIFFERENT PEOPLE WHO PUT A THUMBS UP AND I, I PUT MY LITTLE THUMBS DOWN, YOU KNOW, OR WHATEVER.
AND NOW ALL FOUR OF US DIDN'T, DIDN'T EVEN KNOW THAT WE WERE ALL DOING, 'CAUSE THERE'S HUNDREDS OF PEOPLE DOING THAT LITTLE EMOJIS.
DID WE, SINCE THE THE KEY ANSWER TO ALL YOUR QUESTIONS SO FAR? YEAH, I'VE GOT MORE.
IS WAS THERE INTENT? NO, ALL THE, IF ALL YOUR QUESTIONS INVOLVE THINGS THAT YOU WOULD NOT NORMALLY DO AND SOMEHOW IT CREATES SOMETHING, THE WORST THAT'S GONNA HAPPEN IS YOU CAN GET A CALL FROM TARA GOING, HEY, WE GOT THIS THING GOING ON HERE.
DID YOU KNOW IT? AND YOU GO, OH MY GOSH, I DID.
I HAD NO IDEA THAT I WAS DOING IT.
AND THEN THAT'S GONNA BE THE END OF IT, I WOULD SAY.
AND I MEAN EVEN SO IF IT'S JUST BASIC INFORMATION THAT'S NOT GOING INTO, YOU KNOW, HOW YOU FEEL A CERTAIN ITEM SHOULD BE VOTED UPON OR WHAT YOU THINK
[00:45:01]
OF SAY AN APPLICANT, YOU KNOW, IF IT'S JUST BASIC GENERAL INFORMATION ABOUT AIRPORT COMMISSION MEETINGS, PROBABLY NOT AN ISSUE.BUT IF DARREN WAS TO SIT THERE AND SAY THIS ITEM ON MAYBE A PARTICULAR HANGER IS COMING UP AND WE'RE GOING TO BE GETTING A PRESENTATION AND YOU KNOW, IT'S BY SOMEONE THAT MAYBE YOU'RE LIKE THEY DON'T KNOW WHAT THEY'RE TALKING ABOUT AND YOU START TO TRY TO MAYBE INFLUENCE, UM, ANOTHER COMMISSIONER'S OPINION OR THEIR VOTE.
WELL I THINK IT WOULD, THAT'S WHERE IT WOULD BE AN ISSUE TO PUT IT OUT IN THE PUDDLE.
MUCH LESS TRYING TO, YOU KNOW.
AND THE ACT DOESN'T CARE IF YOU'RE LIKE AWARE OF THE EMOJI OR NOT.
IT'S ALMOST LIKE A, YOU KNOW, UM, IT'S GONNA BE AT FAULT NO MATTER WHAT.
SO IT'S JUST, YOU KNOW, PAY ATTENTION TO THE CONTENT OF WHAT ANOTHER COMMISSIONER HAS POSTED.
SO WHEN THE KAISER AIR DISCUSSION COMES UP, AGAIN, DON'T COMMENT ON IT
NO, GO STRAIGHT TO THE INDEPENDENT.
SO JUST, IT'S ALL ABOUT THE CONTENT OF THE COMMUNICATION AND RIGHT.
QUESTION NUMBER THREE, WHICH IS PROBABLY NOT PART OF THE BROWN ACT, BUT WHEN PEOPLE FIND OUT I'M PART OF THE COMMISSION, LIKE FRIENDS OR PEOPLE AT WORK, UM, I'LL, THEY'LL JUST ASK QUESTIONS SOMETIMES.
AND LIKE FOR EXAMPLE, PEOPLE ASK ABOUT THE NOISE REPORTS.
BECAUSE SOME OF THEM KNOW THAT THAT'S ONE OF THE PRIMARY THINGS IS THE NOISE REPORTS.
AND THEY'LL ASK ME ABOUT IT AND I'LL TELL 'EM WHAT I KNOW.
YOU KNOW, I SAY, OH YEAH, YOU KNOW, IT GOES UP, IT GOES DOWN.
AND THERE'S CERTAIN COMMUNITIES THAT SEEM TO BE MORE UPSET THAN OTHERS.
AND MY QUESTION, AND I'M NOT INVOLVING OTHER PEOPLE, SO IT'S NOT A BROWN ACT THING.
MY QUESTION IS WHERE IS, IS THERE A BOUNDARY AS A COMMISSIONER WHERE I SHOULDN'T BE TALKING ABOUT THESE THINGS WITH THE PUBLIC? AND IF THEY WANT TO TALK, IF THEY WANT TO HAVE A QUESTION OR WANT TO KNOW ABOUT NOISE REPORTS COME TO THE MEETING, SHOULD I BE SAYING, WELL THERE'S A MEETING NEXT MONDAY, COME ON OVER AND, AND SAY WHAT YOU WANNA SAY AND SORT OF ABSTAIN IN MY PRIVATE LIFE, NOT ACTING.
I THINK IF YOU'RE, YOU KNOW, YOU'RE AN ACTIVE COMMISSIONER ON THE AIRPORT COMMISSION, PROVIDING GENERAL INFORMATION IS OKAY.
UM, MAYBE, YOU KNOW, EVEN PAST MEETINGS AND THAT INFORMATION, YOU CAN SHARE THAT.
BUT I THINK WHEN YOU START TO GET INTO WHERE YOU FEEL LIKE YOU'RE GIVING A OPINION OR YOU MIGHT BE STARTING TO TALK ABOUT INFORMATION THAT IS, YOU KNOW, JUST REALLY SPECIFIC TO AIRPORT COMMISSION BUSINESS, IT MAY BE BETTER JUST TO REFER THEM TO THE AIRPORT TOO INSTEAD OF YOU, YOU KNOW, HAVING A LENGTHY DISCUSSION WHERE IT JUST MIGHT COME INTO LIKE AN APPEARANCE THAT, YOU KNOW, YOU WANNA JUST KIND OF TRY TO HAVE THAT NEUTRAL.
WELL, OKAY, SO I I I HEAR WHAT YOU'RE SAYING.
BUT MY POINT ALSO IS THAT PEOPLE WHO REALIZE THAT ONE OF US IS ON THE AIRPORT COMMISSION GOES, OH, I'VE ALWAYS WANTED TO KNOW, YOU KNOW, IS THEY FEEL LIKE NOW I'M A RESOURCE FOR THEM.
AND I'M HESITANT TO SAY, WELL I DON'T WANT, NO, I DON'T WANT TO TALK.
YOU KNOW, ESPECIALLY IT'S SOMEBODY I KNOW.
UM, BUT I WASN'T, I'VE NEVER ASKED THIS QUESTION BEFORE OF ARE WE SUPPOSED TO BE MOMS THE WORD COME TO A MEETING AND TALK ABOUT WHATEVER YOU WANNA TALK ABOUT.
UM, BECAUSE I'M TELLING YOU, THE PEOPLE WHO FIND OUT I'M ON THE COMMISSION, THEY ALWAYS HAVE QUESTIONS AND I ALWAYS JUST, I'M NOT, WASN'T IT ONE OF OUR ROLES IS TO PROMOTE THAT WORK I THINK.
AND IF IT'S GENERAL INFORMATION, YOU'RE FINE.
BUT I THINK IF YOU START HAVING THAT FEELING THAT, YOU KNOW, YOU'RE STARTING TO PROVIDE SPECIFIC INFORMATION THAT MAY BE MORE APPROPRIATE FOR AIRPORT STAFF TO BE SHARING WITH THE PUBLIC, BECAUSE YOU MIGHT NOT ALWAYS KNOW SORT OF WHAT IS PUBLIC INFORMATION, WHAT IS INFORMATION THAT IS GOING TO BE COMING ON FUTURE AGENDAS.
UM, AND THEN YOU'VE TALKED TO THIS PERSON AND THEN YOU KNOW, IT'S ON AN AGENDA LATER ON.
SO HOW MUCH INFORMATION DID YOU PROVIDE? I THINK IF YOU JUST STICK WITH GENERAL INFORMATION AND WHAT'S IN YOUR, YOUR RULES, YOUR AIRPORT RULES AND STICKING TO THOSE CONFINES, YOU'RE FINE.
I'M JUST ASKING 'CAUSE I'VE NEVER ASKED IT BEFORE AND I HAVE BEEN INQUIRED UPON MANY TIMES NOW.
TOTAL SENSE THAT YOU WOULD GET THAT AS GO UP? HAVE I BEEN MAKING ALL KINDS OF VIOLATIONS? DIDN'T EVEN KNOW IT.
NO, BUT APPARENTLY NOT SO WELL, AND IT'S JUST YOU, SO
[00:50:01]
IT'S NOT LIKE, YOU KNOW, YOU'RE WITH THREE, UM, THERE'S THREE OF YOU AT THE TIME YOU'RE MAKING THESE COMMENTS.AND, AND I'LL JUST ADD THAT SOME OF THESE, THE QUESTIONS ARE, ARE THEY'RE KIND OF ANGRY QUESTIONS, YOU KNOW, LIKE, UM, YOU KNOW, LET IT FUEL BAD AND SOME THINGS MIGHT, YOU KNOW, AND UH, IT'S GONNA RUIN ALL THE ENGINES AND DON'T THEY KNOW ANY BETTER? YOU KNOW, I HAVE A LOT OF PILOT FRIENDS OBVIOUSLY, AND THEY GO, THEY DON'T KNOW.
NO ONE KNOWS WHAT THEY'RE TALKING ABOUT.
AND I THINK IT'S, IT'S FINE FOR YOU TO BE LIKE THE RECIPIENT OF THE INFORMATION.
MY Q AND A IS NOW OVER, YOU MIGHT WANT TO USE THAT AS UH, AN IZING ITEM FOR A FUTURE IF IT'S SOMETHING YOU ARE INTERESTED IN FINDING OUT ANSWERS TO ASK STAFF TO, YOU KNOW, BRING UP ON
YEAH, NO, THAT I SEE, HEAR WHAT YOU'RE SAYING.
AND THEN THEY COULD, THEY COULD SEE THEM AND YOU KNOW, THEY'RE ONE REVIEW THE, THE RECORDS TAPE, RIGHT? IT'S IT'S MORE OF IN THE MOMENT.
IN THE MOMENT AND PEOPLE WANTING TO KNOW THINGS AND ME SAYING, WELL I DO KNOW THEM AND THEY'RE PUBLIC, RIGHT? IT'S NOT LIKE NOISE REPORTS FOR EXAMPLE ARE OR THE UN UNLOADING GAS ISSUE.
NOT LIKE THEY'VE NEVER BEEN DISCUSSED IN THE PUBLIC BEFORE, BUT THEY'RE ASKING ME DIRECTLY AND I'M BASICALLY MIMICKING WHATEVER HAS BEEN DISCUSSED.
I WAS JUST ASKING, ARE WE SUPPOSED TO TREAT IT LIKE WE DO ON OPEN FORUM AND WE JUST KIND OF NOT IN AGREEMENT.
NO, BECAUSE YOU'RE SAYING IT'S NOT CORRECT AND I'M NOT AS CONCERNED AGAIN 'CAUSE IT'S JUST YOU THAT LIKE NONE OF THE OTHER COMMISSIONERS ARE THERE.
WE'RE TOLD IF SOMEBODY ASKS ANYTHING ABOUT LAB STUFF, WE'RE SUPPOSED TO SAY NO CONGRESS.
I THINK JUST PROVIDING THE GENERAL INFORMATION THAT YOU FEEL THAT PERSON WANTS TO KNOW AND SHOULD KNOW IS FINE.
IT'S LIKE SO FACTUALLY DEPENDENT SOMETIMES.
WE'LL SEE YOU IN THREE MONTHS FROM NOW,
UH, SO THAT'S ITEM 5.2 AND UH, THAT BRINGS UP ITEM SIX COMMISSION REPORTS AND MATTERS INITIATED BY STAFF AND COMMISSION MEMBERS.
DO WE HAVE ANYTHING FOR THAT? UH, STAFF HAS NONE AND I'M SEEING, UH, NO ISSUES OR, AND NO ITEMS FROM THE, UH, COMMISSION MEMBERS.
NOW AT ITEM SEVEN, OUR FAVORITE ADJOURNMENT TO A REGULAR AIRPORT COMMISSION MEETING ON MONDAY, JUNE 1ST, 2026 AT 6:30 PM CIVIC CENTER MEETING HALL, WILLIAM H MENDEL HALL, COMMUNITY ROOM 10 16 SOUTH LIVERMORE AVENUE.
I DUNNO WHERE THAT IS, BUT I THINK IT'S CLOSE BY.
AND, UH, THANK YOU MEMBERS OF THE PUBLIC FOR COMING TO THE MEETING.