Jun 04, 2026 Planning Commission

IS THE PLEDGE OF ALLEGIANCE.

ALRIGHT, NEXT ITEM

[PLEDGE OF ALLEGIANCE]

COMMISSIONER SANTOS, WOULD YOU DO THE HONORS? YEAH.

EVERYBODY, PLEASE STAND, PLACE YOUR RIGHT HAND OVER YOUR HEART.

READY TO BEGIN? I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INVISIBLE WITH LIBERTY AND JUSTICE FOR ALL.

THANK YOU VERY MUCH, COMMISSIONER SANTOS.

UH, NEXT ITEM IS THE SWEARING IN OF, OF WITNESSES.

IF YOU'RE GONNA BE PROVIDING TESTIMONY TODAY, PLEASE RAISE YOUR RIGHT HAND.

IT IS, UM, DO YOU SOLEMNLY SWEAR OR AFFIRM THAT THE EVIDENCE YOU SHALL PROVIDE IN THIS PLANNING COMMISSION MEETING SHALL BE THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH.

ALRIGHT, THANK YOU VERY MUCH EVERYONE.

ITEM ONE, UH, MADAM CLERK PLEASE.

ITEM NUMBER ONE IS A RECOMMENDATION

[1. 26-55293 Recommendation to receive and file Director’s Report, including an update on late night public safety policy. Suggested Action: Approve recommendation. ]

TO RECEIVE

[00:05:01]

AND FILE DIRECTOR'S REPORT, INCLUDING AN UPDATE ON LATE NIGHT PUBLIC SAFETY POLICY.

I DID HAVE A, ACTUALLY, LET ME JUST TAKE A QUICK STEP BACK.

MY APOLOGIES.

UM, IF THERE ARE NO OBJECTIONS, UH, ON THE AGENDA, UM, I DID WANT TO MOVE ITEM FOUR, WHICH IS THE BROWN ACT PRESENTATION TO THE END.

UM, TO THAT WAY NO ONE HAS TO SIT THROUGH THAT ENTIRE PRESENTATION SO THAT WAY WE CAN EXPEDITE A LITTLE BIT.

IF YOU DON'T MIND.

IF THERE ARE NO OBJECTIONS, WE'LL MOVE THAT ITEM TO THE END.

IS THAT FAIR? NO SEEING, NO OBJECTIONS.

WE'LL NOW CONTINUE WITH THE DIRECTOR'S REPORT.

UH, CAN I HAVE A MOTION TO, I HAVE MOTION TO ACCEPT THIS ITEM AND I MOTION A SECOND.

IT'S ALREADY DONE.

IT'S BEEN MOVED BY COMMISSIONER SANTOS AND OH, THANK YOU VERY MUCH.

I WAS ONLY COMMISSIONER BY SCREEN COMMISSIONER TEMPLATE.

I WAS GOING OLD SCHOOL DAYS FROM THE VERBALS.

WONDERFUL.

UH, GOOD EVENING CHAIR AND COMMISSIONERS.

A COUPLE OF HI HOUSEKEEPING ITEMS TO START WITH.

FIRST, UM, I WANT TO LET YOU KNOW THAT AFTER OUR MEETING TONIGHT, DUE TO THE VARIOUS UPCOMING FEDERAL HOLIDAYS, UM, THERE WILL BE NO, WE'LL TAKE A LITTLE BIT OF RECESS FOR PLANNING COMMISSION AND THERE WILL BE NO MEETING UNTIL JULY 16TH.

UM, I ALSO WANT TO CONGRATULATE AND SAY THANK YOU TO JENNIFER FOMO, OUR PLANNING BUREAU SECRETARY WHO SUPPORTS THIS COMMISSION AND HAS ACCEPTED, UM, UH, A NEW ROLE.

UM, AND LA NEXT WEEK WILL BE HER LAST WEEK WITH THE BUREAU.

SO THANK YOU SO MUCH FOR ALL YOUR WORK IN SUPPORTING OUR BUREAU AND OUR COMMISSION HERE AT PLANNING.

JENNIFER.

AND NEXT, UM, UH, AS NOTED, I DO HAVE, UM, SOME EXCERPTS FROM A RECENT, UM, UPDATE TO THE CITY COUNCIL REGARDING LATE NIGHT PUBLIC SAFETY, UH, THAT RELATES TO THE WORK OF THIS COMMISSION.

WE'VE TALKED ABOUT IT A LITTLE BIT VERBALLY, BUT WANTED TO GIVE A LITTLE BIT MORE, UM, DETAIL, UH, TO, UH, WHAT THAT, UH, CONVERSATION IS LOOKING LIKE AND WHAT THE DIRECTION AND NEXT STEPS ARE FOR STAFF QUICKER.

THE REPORTING, DISTRICTS WITH THE GREATEST CALLS FOR SERVICE LATE AT NIGHT, UM, IN THE EAST DIVISION ARE PRIMARILY ALONG SECOND STREET IN BELMONT SHORE.

LOOK QUICKER.

WONDERFUL.

SO, UM, FOR A LITTLE BIT OF BACKGROUND, THERE HAVE BEEN, UM, A LOT OF UPDATES, UH, WITH THE CITY COUNCIL ON THIS TOPIC OVER THE PAST SEVEN MONTHS.

UM, YOU MAY BE AWARE THAT IN NOVEMBER, 2025, THE COUNCIL AGENDAS AN ITEM TO CONSIDER A MORATORIUM ON BARS OPERATING ON SECOND STREET AFTER MIDNIGHT.

UH, THIS WAS AFTER A, UM, HOMICIDE RELATED TO, UH, LATE NIGHT OPERATIONS, UM, ALONG SECOND STREET AND WAS THE THIRD IN, UM, 18 MONTHS.

AND AT THAT TIME, THE COUNCIL CONSIDERED A MORATORIUM, UM, BUT DID INSTEAD, UM, UM, DIRECT STAFF, UH, WITH SOME ADDITIONAL FOLLOW-UP ITEMS, UH, THE BARS TO DO OP, UH, OPEN PAST MIDNIGHT IN THAT AREA, INSTEAD OFFERED A 30 DAY VOL, VOLUNTARY EARLY CLOSURE.

UM, AND THE COUNCIL DIRECTED THE CITY MANAGER TO ADVANCE A SERIES OF ANALYSIS, UM, AND REPORT BACKS FOCUSED ON LATE NIGHT ACTIVITY, BOTH IN BELMONT SHORE AND CITYWIDE.

UM, AND WHILE, UM, YOU CAN SEE HERE THAT, UH, ADDITIONAL MEETINGS AND DISCUSSIONS HAVE TAKEN PLACE, THERE'S BEEN MULTIPLE MEMOS, UH, FROM CITY STAFF TO THE COUNCIL ON THIS TOPIC, LOOKING IN DETAIL AS TO, UM, HOW LATE NIGHT OPERATIONS INCLUDING, UH, BUSINESSES THAT SERVE ALCOHOL, UM, MAY BE CONTRIBUTING TO, UH, PUBLIC SAFETY CONCERNS AND WHAT DIFFERENT OPTIONS THE CITY HAS IN ITS TOOLBOX TO ADDRESS THIS, UH, RANGING FROM, UM, HOW THOSE BUSINESSES ARE REGULATED TO, UM, POLICE PRESENCE AND RESPONSE TO BUSINESS LICENSING, UM, AND A WHOLE HOST OF OTHER, UH, RELATED TOPICS.

UH, THERE WAS A COMMUNITY MEETING HELD IN JANUARY 28TH, WHICH KICKED OFF A COMMENT PERIOD WHERE OVER 400 COMMENTS WERE SUBMITTED, UM, RELATED TO CHANGES TO REGULATIONS, UM, FOR BUSINESSES THAT SERVE ALCOHOL RELATED, UH, LATE AT NIGHT IN APRIL, THE CITY, UM, UH, ON APRIL 2ND, THE CITY ISSUED AN A FOLLOW-UP MEMORANDUM LOOKING CITYWIDE AT, UM, UH, PUBLIC SAFETY PREVENTION AND ENFORCEMENT OPTIONS.

AND THEN AN UPDATE ON, UM, THE 21ST WAS PROVIDED TO, UM, CITY COUNCIL, UH, THE EXCERPTS OF WHICH YOU'LL SEE HERE.

SO FOR CONTEXT, UM, AS, AS THE POLICE DEPARTMENT SHOWED TO COUNSEL, UM, AT THAT TIME, UH, I THINK IT'S IMPORTANT TO KNOW THAT CRIME IS WAY DOWN BOTH FOR 2025 AND IN A BROADER HISTORIC CONTEXT.

BUT OF COURSE, WE KNOW THAT ANY, UH, VIOLENT CRIME, UM, CAN HAVE A SERIOUS IMPACT ON PERCEPTIONS OF SAFETY AND SAFETY IN A COMMUNITY.

YOU CAN SEE A LITTLE BIT MORE ABOUT THESE STATISTICS, AND AGAIN, THIS ISN'T A LOT A LARGER PRESENTATION PROVIDED IN APRIL AND AVAILABLE TO THE PUBLIC.

UH, THEY ALSO LOOK SPECIFICALLY AT VIOLENT CRIME WITHIN 500 FEET OF A, B, C LOCATIONS, AS YOU CAN SEE HERE, AND SOME OF THE TOP LOCATIONS, UH, WHERE THOSE ISSUES HAVE BEEN MAPPED.

THIS MAP CAN BE A LITTLE BIT HARD TO, UH, READ, BUT IT DOES SHOW THAT, UM, THE, UH, AREAS WITH

[00:10:01]

BUT YOU CAN SEE THERE ARE THOSE, UM, TOP RANKING LOCATIONS, UM, IN DIFFERENT AREAS OF THE CITY AS WELL.

AND SO, UM, WHAT'S, WHAT'S GOING FORWARD IS A COORDINATED DATA-DRIVEN APPROACH, KIND OF A MULTIFACETED ONE.

AND YOU CAN SEE THAT ONE OF THEM IS REFINEMENT OF REGULATORY AND OPERATIONAL TOOLS TO ADDRESS THESE CHALLENGES.

UM, AND THE REASON WE'RE HERE TALKING TO YOU ABOUT IT, AND NOT JUST THE POLICE DEPARTMENT, IS BECAUSE THE CITY RECOGNIZES THAT MORE THAN EVER, A COLLABORATIVE APPROACH TO PUBLIC SAFETY AND VIOLENCE PREVENTION IS NECESSARY AND HAS, UH, GROWN TO CLOSELY TIE TOGETHER THE MISSIONS OF VARIOUS PARTS OF THE CITY, INCLUDING US HERE IN COMMUNITY DEVELOPMENT.

PUBLIC SAFETY IS A CONTINUUM AND INCLUDES NOT JUST REGULATION AND ENFORCEMENT, BUT ALSO PREVENTION.

SO LAND USES AND WHERE THEY ARE AND HOW THEY INTERACT WITH EACH OTHER, UM, ARE CERTAINLY A PART OF THAT.

UM, BUSINESS OPERATIONS AND HOW BUSINESSES ARE HELD ACCOUNTABLE IS A PART OF THAT AS WELL.

AND IT'S NOT JUST US AND THE POLICE DEPARTMENT, YOU CAN SEE IT'S ALSO FIRE, UH, UH, ECONOMIC DEVELOPMENT, FINANCIAL MANAGEMENT, HEALTH, LIBRARY PARKS, PUBLIC WORKS.

WE KNOW THAT ECONOMIC CONDITIONS AND SOCIAL CONDITIONS ARE A BIG PART OF THIS AS WELL.

AGAIN, THAT CHART ON THE RIGHT GIVES YOU THE BROADER HISTORICAL LENS THAT CRIME IS DOWN 75% SINCE 1991.

SO AGAIN, WHEN WE THINK HISTORICALLY, UM, I THINK THAT'S IMPORTANT TO HAVE IN CONTEXT.

AND SO THE MULTI-TIERED REGULATORY FRAMEWORK WE ARE NOW LOOKING AT AS CITY STAFF, UM, IS INFORMED BY THIS CONTEXT.

SO YOU ALL PLAY A PART OF A BROADER REGULATORY, UH, FRAMEWORK, UM, THAT CAN HELP FACILITATE BOTH THE PREVENTION AND APPROPRIATE ENFORCEMENT.

THE REGULATION OF THE SALE OF ALCOHOL IS DESIGNATED TO THE STATE OF CALIFORNIA, AND BECAUSE OF THAT DIRECT REGULATION, THE CITY CANNOT DIRECTLY REGULATE THE SALE OF ALCOHOL ITSELF.

BUT FOR A BUSINESS TO SELL ALCOHOL, IT MUST HAVE ZONING APPROVAL FROM US HERE IN PLANNING AN APPROPRIATE BUSINESS LICENSE APPROVAL FROM A, B, C.

AND DEPENDING ON THE TYPE OF USE, THEY MAY ALSO REQUIRE AN ENTERTAINMENT PERMIT IN ADDITION TO THE BUSINESS LICENSE IF LIVE PERFORMANCE OR AMPLIFIED MUSIC ARE PART OF THE OPERATION.

SO ZONING AND LAND USE CONTROLS ARE WITHIN OUR JURISDICTION, TITLE 21 AND TITLE 22.

AND THE TYPE OF PLANNING APPROVAL REQUIRED FOR ALCOHOL SERVING BUSINESSES DEPENDS ON THE NATURE OF THE USE.

AND WHEN THE BUSINESS WAS ESTABLISHED.

MANY OF THE BUSINESSES THAT OPERATE LATE AT NIGHT ON SECOND STREET, FOR EXAMPLE, OF A LOCATION SELLING ALCOHOL FOR MANY DECADES AND MAY PREDATE THAT, UH, CONDITIONAL USE PERMIT REQUIREMENT.

UM, AND SO ONE THING TO NOTE IS THAT CHANGES TO TITLE V, WHICH ARE THE BUSINESS REGULATIONS OF THE CITY, CAN IMMEDIATELY APPLY TO ALL BUSINESSES.

AND NON-COMPLIANCE CAN LEAD TO BUSINESS LICENSE SUSPENSION AT ANY TIME.

SO IT IS A LITTLE BIT DIFFERENT THAN OUR FRAMEWORK IN THAT WAY.

UM, SO THAT KIND OF INFORMS, UH, THE STAFF'S RECOMMENDATION TO FOCUS ON CHANGES TO TITLE 20, UH, SORRY, TITLE V OF THE LBMC.

AND THAT IS WHAT STAFF ARE CURRENTLY, UH, DEVELOPING BASED ON COMMUNITY INPUT AND COUNCIL DIRECTION, AS WELL AS DATA ANALYSIS.

WE'RE ALSO LOOKING AT HOW TO CONTINUE, UM, UH, APPROACHING OUR LAND USE REGULATIONS IN A WAY THAT HELPS FOSTER DIVERSE AND THRIVING NEIGHBORHOODS WITH DIFFERENT TYPES OF DESTINATIONS.

UH, WE ALSO RECOGNIZE THE COST OF COMMERCIAL RENT CONTINUES TO INCREASE SIGNIFICANTLY, AND THAT ALSO CAN IMPACT BUSINESSES OPERATIONS AND OPTIONS.

UM, AND WE'RE PART OF A, A LARGE INTERDEPARTMENTAL, UH, WORKING GROUP WORKING ON THESE TOPICS.

UM, AND SO THE APPROACH WE'RE LOOKING AT SPECIFICALLY IN BELMONT SHORE IS RELATED TO, UH, A POTENTIAL DINING AND COASTAL ENJOYMENT DISTRICT, UM, THAT WOULD BE MODELED OFF THE DOWNTOWN DINING AND ENTERTAINMENT DISTRICT THAT ALREADY EXISTS IN TITLE V AND IS USED FOR A PART OF OUR CORE DOWNTOWN AREA THAT ALLOWS US TO HAVE ADDITIONAL STANDARD CONDITIONS, UM, ON THOSE BUSINESSES RELATED TO ADEQUATE SECURITY, NOISE TRASH, MANY OF THE TOPICS THAT WE DEAL WITH HERE ON, UM, PARCEL BY PARCEL ENTITLEMENTS.

AND THEN, UM, IT ALSO ALLOWS THAT IF THERE'S A SUBSTANTIAL INCREASE IN COMPLAINTS OR CALLS, THAT THE PERMITEE WOULD BE REQUIRED TO INCREASE, YOU KNOW, TO TAKE APPROPRIATE MEASURES, INCREASE SECURITY WORK WITH THE CITY ON THOSE THINGS, AND THAT THERE WOULD BE A TIERED COMPLIANCE FRAMEWORK FOR THOSE THAT ARE NON-COMPLIANT.

THIS GIVE YOU A LITTLE BIT MORE OF WHAT'S KIND OF ENVISIONED THERE WITH A FOCUS ON BUSINESSES THAT ARE OPEN PAST 10 AND PAST MIDNIGHT, LIKELY TO HAVE STRICTER CONDITIONS, AS WELL AS A LARGER FEE ASSOCIATED WITH THEIR LICENSE THAT WOULD HELP SUPPORT ADDITIONAL, UM, ENFORCEMENT AND PROACTIVE, UM, STAFF ATTENTION, ESPECIALLY IN THOSE LATE NIGHT HOURS, FOR EXAMPLE, WITH CODE ENFORCEMENT AND BUSINESS LICENSE INSPECTORS ABLE TO BE OUT THERE.

UM, AND THEN YOU CAN SEE THAT, UH, IN THE SUMMER WE'RE EXPECTING TO COME BACK TO COUNCIL WITH BOTH THAT FRAMEWORK AND POTENTIAL FEE STRUCTURE.

WE'VE ALSO LOOKED AT LAND USE APPROACHES IN OTHER CITIES TO SEE WHAT WE CAN GLEAN FROM THE WAY THOSE CITIES DO THINGS A LITTLE BIT DIFFERENTLY.

AND THERE ARE SEVERAL CITY OWNED PARKING LOTS IN BELMONT SHORE.

SO WE'RE ALSO LOOKING AT HOW THAT,

[00:15:01]

UM, UH, CAN HAVE AN IMPACT TOO, AS WELL AS ENSURING THAT WE'RE CONTINUING TO SERVE OUR CUSTOMERS AND SUPPORT BUSINESSES IN A WAY THAT IS, UM, HELPFUL TO ENSURE THAT IT CONTINUES TO BE EASIER TO START A BUSINESS, BUT THAT, UH, BUSINESSES CAN BE HELD ACCOUNTABLE, UM, AS APPROPRIATE.

AND THAT CONCLUDES MY DIRECTOR'S REPORT UPDATE.

ANYTHING TO ADD CHRISTOPHER? YEAH.

SO, UM, THANKS ALLISON.

AND I JUST WANTED TO CONNECT WHAT ALLISON PRESENTED TO YOU AS, UM, PLANNING COMMISSIONERS.

SO, YOU KNOW, WE COME HERE, WE PRESENT CASES TO YOU, YOU EXERCISE, UM, YOUR INDEPENDENT JUDGMENT.

I THINK IT'S IMPORTANT THAT YOU HAVE SOME SKEPTICISM ABOUT WHAT STAFF MAY TELL YOU, BUT ALSO, UM, ABOUT WHAT AN APPLICANT MIGHT TELL YOU.

SO I, I KNOW WE'VE HAD A ROBUST DISCUSSION ON SEVERAL CASES ABOUT INDIVIDUAL CONDITIONS AND WHETHER THOSE CONDITIONS SHOULD BE TIGHTER OR LOOSER.

UM, SO WITHOUT FAULTING ANY OF THE INDIVIDUAL DECISIONS, I WE HOPE THAT WE'VE GIVEN YOU SOME CONTEXT FOR WHY WE'RE TRYING TO HAVE TIGHTER CONDITIONS.

BECAUSE IN A CITY THAT'S TRYING TO EMBRACE, UM, ENTERTAINMENT AND HAVE MORE DINING AND ENTERTAINMENT USES, WE'VE GOTTA BE ABLE TO SMOOTH OUT THAT PROCESS, MAKE IT EASIER TO OPEN A BUSINESS, BUT ALSO MAKE IT EASIER TO CLOSE A BUSINESS OR AT LEAST HOLD A BUSINESS OPERATOR ACCOUNTABLE, UM, WHEN THEY'RE NOT FOLLOWING THE RULES.

AND WE DON'T HAVE GREAT MECHANISMS TO DO THAT RIGHT NOW.

UM, COUNCIL'S ASKED US TO WORK ON SOME NEW, UH, MECHANISMS, PARTICULARLY THROUGH THE BUSINESS LICENSE, BUT IT ALSO COMES DOWN TO THE CONDITIONS IMPOSED, UM, BY THIS COMMISSION.

AND I WILL JUST SAY OUR DECORUM AND NORMS AND HOW WE OPERATE FROM THE STAFF TABLE, WE'RE NOT GONNA INTERRUPT.

WE'RE NOT GONNA CALL ANYONE A LIAR, UNTRUTHFUL.

AND IT'S VERY HARD TO OPERATE A BUSINESS.

THEY HAVE ENORMOUS REPUTATIONAL RISK.

WE'RE JUST NOT GONNA DO THAT.

BUT I DO WANT YOU TO REMEMBER FOLKS COME TO THIS MICROPHONE AND DON'T NECESSARILY TELL YOU THE TRUTH.

AND WE ARE EXPERIENCING INCREDIBLE CHALLENGES, UM, IN, IN SOME OF OUR, UH, EVENING ALCOHOL SERVING BUSINESSES.

AND THAT'S WHY WE KEEP PUSHING FOR TIGHTER CONDITIONS.

UM, AND EVEN THE FOLKS IN FRONT OF YOU DON'T ALWAYS TELL THE TRUTH.

MAYBE THEY MEANT TO, BUT, UM, WITHOUT SAYING WHICH BUSINESS, YOU HAD A ONE RECENTLY THAT CAME TO THE MICROPHONE AND FUSED ABOUT HOW, UM, FOLLOWING THE RULES WAS PART OF THEIR BUSINESS MODEL AND WHATEVER THE CONDITION CAME OUT, IT HAD TO BE PERFECT 'CAUSE THEY WERE GONNA FOLLOW IT.

THE ONLY REASON THAT USE PERMIT WAS EVEN FILED WAS BECAUSE THEY WERE OPERATING, UH, WITHOUT ANY CITY APPROVALS.

AND WE WERE WORKING AN ENFORCEMENT CASE BOTH TO GET THEM BUILDING PERMITS AND THE USE PERMIT, UM, FOR THEM TO SELL, UM, THEIR BEER, WHICH THEY WERE HERE PRESENTING IN FRONT OF YOU.

UM, THERE WAS A DIFFERENT RESTAURANT THAT HAD OPERATED, UM, KIND OF ONLY DURING THE DAY AND WANTED TO EXPAND AND SERVE ALCOHOL.

AND, AND YOU WERE VERY GRACIOUS IN APPROVING THAT.

AND, AND THEY ASKED FOR SOME HOURS DIFFERENT THAN STAFF, WHICH IS FINE.

AGAIN, ESPOUSED LIKE THE RULE FOLLOWING, IN LESS THAN 30 DAYS, THEY HAD A CITATION FROM THE HEALTH DEPARTMENT AND HAD EXPANDED, UM, BEYOND THE SCOPE OF WHAT WAS APPROVED WITH THE CITY.

THERE WAS A GAS STATION A COUPLE YEARS AGO, AND THEY TOLD A VERY NICE STORY ABOUT HOW THEY NEEDED TO SELL BEER BECAUSE THE WIFE MADE THE CHICKEN, AND THAT WAS THEIR FAMILY ENTREPRENEURIAL STORY.

TURNS OUT THE CHICKEN IS A FRANCHISE THING.

IT HAD NOTHING TO DO WITH THE BEAUTIFUL HUSBAND AND WIFE, WHO I'M SURE ARE STILL GREAT, UM, BUSINESS PEOPLE.

THEY TOLD YOU THEY WOULD NEVER EXPAND A FULL LINE OF LIQUOR.

THEY JUST NEEDED THE BEER AND WINE.

UM, 366 DAYS LATER, THE EARLIEST POSSIBLE DATE, THEY CAME BACK AND GOT THEIR EXPANSION FROM BEER AND WINE TO FULL LIQUOR.

UM, AND THEN THE ONE I REGRET MOST, THERE WAS SOMEONE IN FRONT OF YOU A FEW YEARS AGO TALKING ABOUT, WELL, IT'S NOT REALLY A LIQUOR STORE, IT'S A, A TOURIST, UM, SHOP.

UM, AND, AND THAT'S WHY IT SHOULD BE ALLOWED IN AN OVER CONCENTRATED LOCATION.

UM, IT'S WITHIN WALKING DISTANCE OF ANOTHER LIQUOR STORE, A BAR AND A DISPENSARY.

UM, AND IT NEVER TURNED INTO A TOURIST SHOP.

AND, AND WE'RE DEALING WITH IT ON THE ENFORCEMENT SIDE.

UM, SO I JUST WANTED TO SHARE THAT BACKGROUND OF WE ARE HAVING SOME CHALLENGES JUST AS A SOCIETY, NOT ANY INDIVIDUAL, YOU KNOW, APPLICANT, BUT WE'RE IN A GOLDEN AGE OF NOT ALWAYS TELLING THE TRUTH.

UM, AND THAT IS JUST WHAT WE'RE DEALING WITH.

AND, AND TRYING TO MAKE SURE THAT, UM, POLICE RESOURCES AND OUR PUBLIC SAFETY, YOU KNOW, THEY CAN MAKE RESTAURANT CALLS, BUT THEY HAVE TO PRIORITIZE OTHER CALLS, INCLUDING VIOLENT CRIME CALLS.

SO WE'RE TRYING TO GET SOME SENSE OF CONTROL AND, AND ORDER, UM, IN SOME OF OUR, OUR DINING AND ENTERTAINMENT HOTSPOTS

[00:20:01]

LIKE DOWNTOWN AND BELMONT SHORE.

'CAUSE WE WANT THEM TO THRIVE.

BUT THAT ONLY WORKS IF FOLKS FOLLOW, FOLLOW THE RULES, RIGHT? SO, UM, THAT'S OUR STORY AND WE'RE GLAD TO ANSWER ANY BRIEF QUESTIONS AND WE JUST WANTED TO PROVIDE THAT UPDATE.

THANK YOU, CHRISTOPHER.

UM, COMMISSIONER, THANK YOU.

UM, IT HELPS WHEN YOU'RE TRYING TO BE FAIR AND NOT JUDGMENTAL OR ANYTHING TO UNDERSTAND, UM, SOMETIMES BACKGROUNDS AND THINGS THAT ARE HAPPENING, UM, THAT THAT MAKES A BIG DIFFERENCE.

IT REALLY DOES.

SO WHEN YOU FEEL THAT YOU WANNA DO THE BEST YOU CAN, BUT YOU HAVE TO KNOW WHAT THE SITUATION IS AND WHAT'S HAPPENING.

SO I APPRECIATE THAT.

I APPRECIATE THAT A LOT.

UM, ON, ON THE REPORT THAT WAS GIVEN, UH, YOU SAID AT THE ONE MEETING THERE WAS LIKE OVER 400 RESPONSES.

WERE WERE THOSE BROKEN DOWN INTO, YOU KNOW, MAYBE SOME GOOD SUGGESTIONS THAT MIGHT BE WORTH LOOKING AND THEY'VE BEEN LOOKED AT BEING BROUGHT INTO, UH, FOR ENFORCEMENT? YEAH, SO THAT WAS THROUGH A A PUBLIC COMMENT PERIOD AND THE, THE ANALYSIS OF THOSE WE'LL COME BACK, UH, TO THE COUNCIL IN THE SUMMER WHEN WE DO COME BACK.

BUT DEFINITELY, YOU KNOW, A A RANGE OF FEEDBACK THAT CAN BE HELPFUL FOR NEXT STEPS.

THANK YOU SO MUCH BOOK.

YEAH, AND, UM, YOU KNOW, IT'S NOT JUST THE SURVEYS.

I DO WANT TO GIVE, UM, CREDIT TO THE BARS THEMSELVES, PUT FORWARD A PLAN AND SHARED IT WITH THE CITY.

AND THAT'S PART OF WHAT WE'RE CONSIDERING, UM, IN OUR REGULATIONS.

THEY HAVE MADE CHANGES.

THEY ALL ARE IN BETTER COMMUNICATION WITH EACH OTHER.

SO IF YOU GET KICKED OUT OF ONE BAR, YOU CAN'T WALK ACROSS THE STREET AND WALK RIGHT BACK INTO A DIFFERENT ONE.

UM, AND THERE'S SOME ECONOMIC THINGS THAT WE WANNA WORK WITH THE BARS ON, UM, WHICH WOULD HELP THEM MAKE MORE MONEY ACTUALLY, WHICH IS, YOU KNOW, LIKE IF YOU PAY A COVER CHARGE AND IF THE DRINKS ARE REASONABLY PRICED BUT NOT TWO FOR ONE AND NOT SUPER CHEAP, UM, MAYBE YOU'RE LESS MOTIVATED TO OVERCONSUME, UM, OR TO GET THAT ONE FINAL DRINK, YOU KNOW, BEFORE YOU WALK OUT THE DOOR.

SO, UM, THOSE ARE ALL THINGS, UM, THE BIGGEST CHANGE HAS BEEN ON THE SECURITY SIDE, AND I HATE THAT WE LIVE IN A WORLD WHERE THIS IS NECESSARY, BUT IT'S NECESSARY.

SO THEY'RE USING, UM, SECURITY GUARDS TO USE A WAND TO, UM, FOR METAL DETECTION AT THE DOOR AFTER 10:00 PM SO THOSE ARE IDEAS THAT CAME FROM THE ESTABLISHMENTS THEMSELVES AND THEY'VE IMPLEMENTED ALREADY AND, AND WE'RE LOOKING AT MAKING PERMANENT.

AND, UM, CHRISTOPHER MENTIONED JUST BRIEF QUESTIONS REALLY, BECAUSE WE HAVE THIS AS PART OF OUR DIRECTOR'S REPORT, SO WE'RE WANTING TO GIVE YOU THIS INFORMATION, BUT IF THIS IS SOMETHING THAT'S OF INTEREST TO THE COMMISSION, IT'S SOMETHING THAT CAN COME BACK AS AN AGENDIZED ITEM FOR A STUDY SESSION.

THANK YOU FOR THAT COMMISSIONER.

WHERE, UM, I I WAS GOING TO ASK THAT.

UM, DEFINITELY I, I FEEL THAT, UM, WE'RE LOOKING AT AN APPLICANT AND WHAT'S PRESENTED TO US IS THE APPLICANT, NOT WHAT'S HAPPENING WITH THE BUSINESSES NEXT DOOR.

WE DON'T CONSIDER ANY OF THAT.

AND SO WE'RE LEFT TO TRY TO REGULATE THIS THROUGH CONDITIONS.

UM, AND SO I'M HAPPY THIS IS HAPPENING.

WE'VE HAD CONFLICT, UH, JUST EVEN UP HERE BETWEEN THE DIFFERENT APPLICANTS.

UM, AND THEN THE NEED FOR, WELL, NOT THE NEED, BUT THE DESIRE FOR LATER HOURS AND THINGS THAT JUST, IT'S HARD FOR US TO CONSIDER EVERYTHING IN A SHORT AMOUNT OF TIME TOO.

AND I THINK THAT THIS WILL BE A TOOL, UM, TO HELP US MAKE DECISIONS THAT ARE IN THE BEST INTEREST OF BOTH THE APPLICANT AND THE COMMUNITY, YOU KNOW, WHERE THEY'RE OPERATING.

SO SAME THING, I JUST WANTED TO THANK YOU ALL AND I WOULD DEFINITELY LIKE FOR IT TO COME BACK TO THE COMMISSION.

YEAH, I, I, I'LL CONCUR.

AND ALSO, UM, I'M, I'M EQUALLY, UH, HAPPY THAT WE ARE LOOKING AT IT FROM A BUSINESS LICENSE PERSPECTIVE TOO.

'CAUSE I KNOW IN THE PAST WHEN WE'VE HAD, UH, I, I KNOW WHEN I'VE ADVOCATED FOR CERTAIN CONDITIONS, UH, I WAS ALWAYS, UM, INCLINED TOWARDS TYING IT TO THE OPERATOR, NOT NECESSARILY THE, THE REAL ESTATE BECAUSE IN PERPETUITY THEN WE LOSE CONTROL OF THAT IN, IN MANY CASES.

SO THE MORE WE CAN DO THAT, BECAUSE I WANT TO, AS I'M, UM, UH, FOR THE MOST PART WANT TO UNDERSTAND AND CREATE THAT OPPORTUNITY FOR, TO CREATE AN ENVIRON AND CREATE A BUSINESS, HAVE A HEALTHY, UM, BOTH COMMUNITY AND BUSINESS CLIMATE IN THE CITY, WE GOTTA BE ABLE TO PULL IT BACK WHEN PEOPLE DON'T FOLLOW THE RULES AND, AND, UH, MISREPRESENT THEMSELVES.

SO, UM, AND, AND I WOULD ALSO, UH, SAY THE MORE INFORMATION WE HAVE AS INPUT, UM, THE BETTER.

SO, UM, I, I WELCOME THAT PERSONALLY THOUGH.

ANY FURTHER QUESTIONS? SEEING NONE.

LET'S, UH, IF WE CAN GO AHEAD AND ACCEPT THIS ITEM OR CALL FOR THE VOTE.

MADAM CLERK, CAN WE CALL FOR A PUBLIC COMMENT? OH, THANK YOU VERY MUCH.

FIRST CHAIR.

THANK

[00:25:01]

YOU.

I SHOULD, I SHOULD FOLLOW MY OWN AGENDA.

UH, ANYONE WISHING TO MAKE ANY COMMENTS ON THIS ITEM IN THE GALLEY HERE? SEE, NONE.

ANYONE VIRTUALLY, IF YOU'RE JOINING US VIRTUALLY, WE WOULD LIKE TO PROVIDE PUBLIC COMMENT ON THIS ITEM.

PLEASE USE THE RAISE HAND FUNCTION AT THIS TIME, OR IF YOU'RE DIALING IN, UH, STAR NINE IF APPEARED TO BE NONE.

ALL RIGHT, THANK YOU.

NOW WE'LL CALL FOR THE VOTE.

MOTION IS CARRIED.

A RECOMMENDATION TO APPROVE THE MINUTES FOR THE PLANNING COMMISSION MEETING OF THURSDAY, MAY 7TH, 2026.

CAN YOU, UH, ITEM TWO, PLEASE.

ITEM NUMBER TWO IS

[2. 26-55294 Recommendation to approve the minutes for the Planning Commission meeting of Thursday, May 7, 2026. Suggested Action: Approve recommendation. ]

MAY I HAVE A MAKER AND A SECOND? THANK YOU, COMMISSIONER SANTOS AND COMMISSIONER TEMPLATE COMMISSIONERS.

ARE THERE ANY QUESTIONS OR CORRECTIONS TO THE MINUTES? SEEING NONE ON HOW TO TAKE ANY PUBLIC COMMENT ON THIS ITEM.

ANYONE WISHING TO SPEAK ON THIS ITEM? SEEING NONE.

ANY VIRTUAL COMMENTS? IF YOU'RE JOINING US, VIRTUALLY WOULD LIKE TO PROVIDE PUBLIC COMMENT ON THIS ITEM.

PLEASE USE THE RAISE HAND FUNCTION NOW.

THANK YOU, MADAM CLERK, PLEASE CALL FOR THE VOTE.

MOTION IS CARRIED.

RECOMMENDATION TO RECEIVE AND FILE A PRESENTATION ON THE ANNUAL UPDATE FROM THE OFFICE OF ETHICS AND TRANSPARENCY.

PLEASE READ THE NEXT ITEM.

ITEM NUMBER THREE IS A

[3. 26-55295 Recommendation to receive and file a presentation on the Annual Update from the Office of Ethics and Transparency. Suggested Action: Approve recommendation. ]

MAY HAVE A MAKER IN A SECOND.

COMMISSIONER SANTOS AND COMMISSIONER WARE.

I'LL HAND IT OVER TO STAFF FOR PRESENTATION.

WE ALSO DO WORKSHOPS FOR OUR STAFF LIAISONS TO THE COMMISSIONS.

OUR ETHICS OFFICE OFFICER FOR THE CITY OF LONG BEACH.

HEATHER VAN WICK WILL PROVIDE THIS PRESENTATION.

THANK YOU, HEATHER FOR BEING HERE.

AND WELCOME.

THANKS, ALISON.

THANK YOU, CHAIR.

AS ALLISON MENTIONED, MY NAME IS HEATHER VAN WICK.

I'M THE ETHICS OFFICER FOR THE CITY.

I MANAGE THE OFFICE OF ETHICS AND TRANSPARENCY, AND WE ARE HOUSED IN THE CITY MANAGER'S OFFICE.

SO JUST A REMINDER, WE WE DO THIS EVERY YEAR OR SO.

UM, IN PARTNERSHIP WITH THE CITY ATTORNEY'S OFFICE AND THE MAYOR'S OFFICE, UH, THIS IS ACTUALLY INITIATIVE THAT THE MAYOR ENCOURAGED US TO TAKE ON.

UM, JEFF JOINS ME SOMETIMES, UH, TODAY.

HE WAS UNABLE TO BE HERE.

SO JUST GONNA GIVE YOU A COUPLE HIGHLIGHTS OF OUR ACCOMPLISHMENTS FROM LAST YEAR, WHAT WE'RE DOING THIS YEAR, AND THEN, UH, JUST A FEW FRIENDLY REMINDERS.

SO THE MISSION OF THE, WE CALL IT THE OET, IS REALLY PRETTY SIMPLE.

IT'S TO BUILD TRUST AMONG THE PUBLIC EMPLOYEES AND OFFICIALS, AND TO PROVIDE THE NECESSARY RESOURCES TO MAKE IMPARTIAL DECISIONS AS STEWARDS OF PUBLIC RESOURCES.

SO OUR TEENY TINY LITTLE OFFICE, WE DON'T, WE'RE NOT AN INVESTIGATIVE, UH, OR ENFORCEMENT, UH, OFFICE.

SO WHAT WE, WHAT WE DO DO IS GUIDANCE AND EDUCATION.

SO WE'RE GROUNDED IN, UH, PROVIDING TRAININGS AND, UM, OTHER RESOURCES AROUND EDUCATION.

WE ALSO HAVE AN ETHICS HELPLINE THAT WE MANAGE, UM, THAT'S DIFFERENT THAN THE AUDITOR'S HOTLINE.

UH, WE GIVE ADVICE, BUT WITH THAT ADVICE, UH, ALWAYS WORKING IN PARTNERSHIP WITH THE CITY ATTORNEY.

'CAUSE A LOT OF, THERE'S A LOT OF LEGAL NUANCES, UH, WITH ETHICS QUESTIONS, AND THEN TRANSPARENCY AND PUBLIC TRUST.

SO THE PUBLIC RECORDS ACT PROGRAM IS UNDER THE OET AND WE GET THOUSANDS OF REQUESTS EACH YEAR AND, UM, THAT, THAT TREND IS GOING UP.

AND THEN AGAIN, ALWAYS WORKING IN PARTNERSHIP WITH NOT JUST THE CITY ATTORNEY, BUT ALL OF OUR DEPARTMENTS.

SO SOME OF OUR ACCOMPLISHMENTS LAST YEAR, WE LAUNCHED A FIVE YEAR STRATEGIC ROADMAP.

WE ADVANCED A UNIFIED CITYWIDE ETHICS FRAMEWORK, WHICH IS CALLED THE FAIR ACT.

THIS IS SOMETHING THAT YOU'LL WANNA PAY ATTENTION TO, UM, AND KIND OF CHECK IN FROM TIME TO TIME.

THIS IS SOON TO, OR AT SOME POINT, UH, WILL BE AN ORDINANCE THAT REALLY WORKS TO BRING TOGETHER ALL OF THE DIFFERENT REQUIREMENTS, ALL OF THE LAWS, ALL OF THE POLICIES, ALL OF THE BEST PRACTICES AND PROCESSES, WHICH WE DO HAVE ALL OF THAT.

IT'S JUST SCATTERED RIGHT NOW.

SO THE FAIR ACT REALLY WORKS TO BRING THAT ALL INTO ONE PLACE TO MAKE IT ACCESSIBLE FOR, FOR YOU AND THE PUBLIC.

WE ALSO DEVELOPED A FRAMEWORK FOR ETHICAL DECISION MAKING.

I'LL SHOW YOU THAT IN JUST A SECOND.

AND THEN BUILT OUT A MASTER COMMUNICATIONS AND EDUCATION PLAN.

AND AGAIN, WE'RE DOING, THIS IS PART OF OUR OUTREACH.

UM, THE ROAD SHOW LIKE THIS.

WE'RE GOING TO ALL OF THE COMMISSIONS, BUT

[00:30:01]

AND THIS IS JUST, UH, THIS IS THE FRAMEWORK FOR ETHICAL DECISION MAKING.

JUST WANTED TO SHARE THAT.

UM, IT'S A INFOGRAPH THAT WE SEND OUT TO ALL OF OUR EMPLOYEES.

IT'S REALLY JUST A PRACTICAL TOOL, UH, THAT HELPS US ASSESS, UH, MAYBE DILEMMAS OR ALIGN ACTIONS WITH THE CITY VALUES.

IT'S REALLY TO BE USED WHEN YOU FIND YOURSELF IN THAT GRAY AREA WHERE IT'S NOT.

DEFINITELY YES OR NOT, DEFINITELY NO.

AND THEN THIS YEAR, UM, WE'VE BEEN WORKING ON, AGAIN, THE FAIR ACT, UH, PUTTING TOGETHER NEW TOOLS AND UPDATING CURRENT TOOL OR TOOLS THAT WE HAVE.

WE'RE DOING A LOT OF TARGETED TRAINING THIS YEAR, SO, UH, DOING TRAININGS FOR MANAGERS AND OTHER LEADERSHIP, UM, WORKING WITH CODE ENFORCEMENT TO DO, UH, ETHICS TRAININGS FOR FIELD INSPECTORS.

UM, AND THEN WE'RE ALWAYS TRYING TO MAKE ETHICS A LITTLE BIT PLAINER THE LANGUAGE.

UM, AND WE'RE WORKING A LOT OF WHAT WE DO THIS YEAR, WE'RE APPLYING MORE REAL LIFE EXAMPLES TO, UM, JUST MAKE IT MORE UNDERSTANDABLE.

SO WHAT ADVISORY BODIES DO AND WHY ETHICS MATTERS.

SO AS YOU KNOW, YOU ALL ADVISE, YOU RECOMMEND YOU INFORM DECISIONS, YOU REALLY INFLUENCE CITY DECISIONS.

SO WHAT YOU DO IS IMPORTANT.

OF COURSE, DOING IT ETHICALLY IS EVEN MORE IMPORTANT.

UM, YOUR DECISIONS, YOU KNOW, OR SORRY, YOUR RECOMMENDATIONS GO TO THE MAYOR, THE CITY COUNCIL, SOMETIMES THE CITY MANAGER.

UM, SO IT'S JUST, I LIKE TO TAKE AN OPPORTUNITY JUST TO LIFT UP WHAT COMMISSIONS DO AND, UH, THAT IT IS IMPORTANT.

A REMINDER.

ANNUAL REPORTS.

I'M NOT SURE IF THIS COMMISSION DOES ANNUAL REPORTS, CHARTER COMMISSIONS AREN'T REQUIRED TO.

UM, SO YOU'RE OFF THE HOOK, BUT THAT WAS DUE ON JUNE 1ST.

UH, FORM 700, THAT'S DUE EVERY YEAR ON APRIL 1ST, AND THEN AARON'S GONNA TALK ABOUT THIS LATER THIS EVENING.

BUT JUST A REMINDER THAT COMMISSION MEETINGS MUST BE CONDUCTED IN ACCORDANCE WITH THE BROWN ACT, WITH YOUR BYLAWS AND WITH ROBERT'S RULES OF ORDER.

AND THESE RULES ARE THERE TO ENSURE OPEN AND TRANSPARENT DELIBERATION, EQUAL ACCESS TO INFORMATION, AND OF COURSE TO, TO KEEP PUBLIC TRUST IN THE PROCESS.

ANOTHER REMINDER ABOUT UNBIASED DECISION MAKING, COMMISSIONERS MUST REMAIN IMPARTIAL.

AND OBJECTIVE DECISIONS SHOULD BE BASED ON THE RECORD FACTS AND YOUR ADOPTED CRITERIA.

EVEN THE APPEARANCE OF BIAS CAN UNDERMINE PUBLIC TRUST.

SO ANY DECISIONS THAT THIS BODY MAKES NEEDS TO BE MADE BEHIND THE DAIS, NOT BEFORE YOU GET TO THE DAIS.

A REMINDER THAT ONLY THE CHAIR OR ANOTHER MEMBER FORMALLY AUTHORIZED BY THE COMMISSION MAY SPEAK ON BEHALF OF THE COMMISSION.

THIS APPLIES TO CITY COUNCIL AND OTHER PUBLIC MEETINGS, EMAILS OR LETTERS, SOCIAL MEDIA POSTS, SIGNATURES, ENDORSEMENTS, OR PUBLIC STATEMENTS.

AND THIS MATTERS.

FORMAL APPROVAL PROCESSES MATTER AND THEY HELP ENSURE STATEMENTS MADE OUTSIDE MEETINGS REFLECT THE COMMISSION'S COLLECTIVE PO POSITION.

AGAIN, NOT INDIVIDUAL.

ALIGN WITH ADOPTED OBJECTIVES AND DO NOT PROMOTE PERSONAL AGENDAS.

OF COURSE, YOU CAN SPEAK PERSONALLY AS A RESIDENT, BUT NOT OFFICIALLY AS A COMMISSIONER WITHOUT AUTHORIZATION.

UM, I LIKE TO, THIS IS ELECTION SEASON.

SO FOR EXAMPLE, IF YOU WANTED TO SUPPORT A LONG BEACH CANDIDATE AND SHOUT IT FROM THE MOUNTAINTOPS THAT YOU SUPPORTED THIS PERSON, YOU, YOU CAN DO THAT.

YOU JUST CAN'T DO IT AS A COMMISSIONER.

OR, UM, SAY YOU MIGHT HAVE A CITY POLO OR A CITY HAT, YOU CAN'T WEAR CITY MERCHANDISE EITHER.

SO, REQUIRED TRAININGS AND AUTOMATIC REMOVALS.

UM, WE'VE GOT OUR ANNUAL CITY REQUIRED CODE OF CONDUCT AND ETHICS.

THAT'S THE 30 MINUTE TRAINING.

WE ALSO HAVE THE STATE AND CITY REQUIRED HARASSMENT TRAINING FOR CALIFORNIA EMPLOYEES.

THIS IS EVERY TWO YEARS.

IN ADDITION, UH, YOU'VE GOT THE STATE REQUIRED AB 1234 ETHICS TRAINING, AND THAT'S BIENNIAL.

AGAIN, THAT'S DIFFERENT THAN THE CITY'S ETHICS TRAINING.

UH, THAT'S THE TWO HOUR ONE.

AND THEN THERE'S A COUPLE TRAININGS THAT, UM, THE MAYOR REQUIRES AS YOU STEP INTO OFFICE.

ALL OF THESE TRAININGS LIVE AND LEARN.

IF YOU EVER HAVE A PROBLEM WITH YOUR LEARN ACCOUNT, UH, ALLISON CAN GET YOU TO THE RIGHT PERSON.

[00:35:03]

THIS IS OUR HELPLINE.

THE INFORMATION TO GET TO THE HELPLINE IF YOU NEED IT, IT IS AVAILABLE TO THE PUBLIC, NOT JUST EMPLOYEES, THOUGH GENERALLY MOST OF MY CALLS DO COME FROM EMPLOYEES.

IT'S CONFIDENTIAL AND ANONYMOUS IF THE PERSON CHOOSES TO BE.

AND JUST A COUPLE KEY TAKEAWAYS.

A REMINDER, YOUR ROLE IS ADVISORY.

KNOW WHEN YOU'RE SPEAKING PERSONALLY VERSUS OFFICIALLY FORMAL APPROVAL PROCESSES MATTER.

IT'S IMPORTANT TO REMAIN FAIR AND IMPARTIAL.

FOLLOW MEETING RULES AND PROCEDURES, WHICH AGAIN, ERIN'S GONNA REMIND YOU ALL ABOUT IN A LITTLE WHILE.

AND THEN COMPLETE YOUR REQUIRED TRAININGS.

THE GOOD NEWS IS THE CITY ATTORNEY DID NOT HAVE TO REMOVE ANY COMMISSIONERS.

UM, THIS YEAR, THE YEAR BEFORE, UH, SHE DID HAVE TO REMOVE SEVEN.

SO IT IS TAKEN VERY SERIOUSLY IF YOU DON'T DO THE REQUIRED TRAININGS.

AND THESE ARE OUR RESOURCES.

THEY'RE ALWAYS KEPT UP TO DATE.

I LIKE TO HIGHLIGHT THE ETHICS GUIDE FOR LONG BEACH CITY OFFICIALS AND EMPLOYEES.

THIS IS MANAGED BY OUR CITY ATTORNEY AND IT'S A GREAT HIGH LEVEL OVERVIEW OF, UH, THE DIFFERENT REQUIREMENTS YOU HAVE AS APPOINTED OFFICIALS.

SO IF YOU'RE NOT FAMILIAR WITH THAT HANDBOOK, THAT'S A GOOD HANDBOOK TO FAMILIARIZE YOURSELF WITH.

AND THEN WE ALSO HAVE THE COMMISSION BOARD AND COMMITTEE HANDBOOK THAT'S MANAGED BY THE CLERK'S OFFICE.

AND ANY COMMISSION QUESTION YOU MIGHT HAVE, PROBABLY GONNA BE ABLE, PROBABLY GONNA BE ANSWERED IN THAT HANDBOOK.

AND THAT'S MY REPORT FOR THIS YEAR.

THANK YOU VERY MUCH, COMMISSIONERS.

ANY QUESTIONS? SEEING THAT? I HAD, UH, ONE FOLLOW UP QUESTION.

UM, IN, IN TERMS OF INVESTIGATORY, UH, SITUATIONS WITH THINGS THAT WERE REPORTED, HOW ARE THOSE HANDLED AND, UM, HOW, IN TERMS OF THE OUTSIDE IMPACT, ET CETERA? SO WHEN I GET, UM, A HELPLINE COMPLAINT OR CONCERN GIVEN TO ME, IT'S STILL MANAGED, UM, THE TRADITIONAL WAY THAT WE'VE BEEN DOING IT, IT'S EITHER, IT, IT GETS AN INITIAL REVIEW FOR ME IF, IF, YOU KNOW, ALL THE FACTS ARE THERE, UM, AND I EITHER GIVE IT, EITHER ASK MORE QUESTIONS FOR CLARIFICATION OR IT GOES TO THE DEPARTMENT THAT THE COMPLAINT IS SPECIFIC TO.

IT MIGHT GO DIRECTLY TO HR DEPENDING ON WHAT THE COMPLAINT IS.

BUT REALLY MY ROLE, UH, ONCE I DO RECEIVE A COMPLAINT IS TO JUST MAKE SURE IT GETS TO WHERE IT NEEDS TO GO AND ENSURE THAT THE COMPLAINT IS INVESTIGATED.

SO I GET HIGH LEVEL REPORTS BACK, UM, THAT EITHER A CASE HAS BEEN CLOSED OR STILL OPEN, STILL BEING RESEARCHED.

SO IT, YEAH, I DON'T KNOW IF THAT ANSWERS YOUR QUESTION, BUT THANK YOU.

ALRIGHT, ANY, UH, FURTHER QUESTIONS? ANY? NONE.

UH, ANY MEMBERS OF THE AUDIENCE, UH, OF THE PUBLIC WISHING TO MAKE A COMMENT ON THIS ITEM? SEEING NONE, ANY VIRTUAL COMMENTS? IF YOU'RE JOINING US VIRTUALLY WOULD LIKE TO PROVIDE PUBLIC COMMENT ON THIS ITEM.

PLEASE USE THE RAISE HAND FUNCTION NOW.

ALL RIGHT, THANK YOU VERY MUCH.

UH, MADAM CLERK, PLEASE, UH, CALL FOR THE VOTE.

MOTION IS CARRIED.

FIVE IS A RECOMMENDATION TO ACCEPT ACCEPT CATEGORICAL EXEMPTION, CE DASH 25 DASH 1 38, FINDING THE PROPOSED PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QU QUALITY ACT PURSUANT TO STATE CQA GUIDELINES, SECTION 1 5 3 0 1 AND APPROVE A CONDITIONAL USE PERMIT AND LOCAL COASTAL DEVELOPMENT PERMIT AND ADOPT THE PROPOSED FINDINGS AND CONDITIONS OF APPROVAL THERETO TO ALLOW AN EXISTING RESTAURANT TO UPGRADE AN EXISTING CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL TYPE 41 LICENSE TWO, A A BC TYPE 47 LICENSE AT 47 0 2 E SECOND STREET IN NEIGHBORHOOD, COMMERCIAL AND PEDESTRIAN ZONING DISTRICT DISTRICT THREE.

WE'LL GO TO OUR NEXT ITEM, WHICH I BELIEVE IS NUMBER FIVE.

ITEM NUMBER

[5. 26-55316 Recommendation to accept Categorical Exemption CE-25-138, finding the proposed project exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15301 (Class 1, Existing Facilities); and Approve a Conditional Use Permit (CUP25-019) and Local Coastal Development Permit (LCDP25-044), and adopt the proposed findings and conditions of approval thereto, to allow an existing restaurant to upgrade an existing California Department of Alcoholic Beverage Control (ABC) Type 41 License (On-Sale Beer and Wine - Eating Place) to a ABC Type 47 License (On-Sale General - Eating Place) at 4702 East 2nd Street in Neighborhood Commercial and Pedestrian (CNP) Zoning District. (District 3) Suggested Action: Approve recommendation. ]

THANK YOU COMMISSIONER TEMPLIN.

CAN I HAVE A MAKER AND A SECOND ON THIS ITEM? THANK YOU COMMISSIONER WARE.

EAST SECOND STREET ON THE SOUTHEAST CORNER OF THE INTERSECTION BETWEEN ROY CROFT AVENUE AND EAST SECOND STREET.

I'LL TURN IT OVER TO STAFF FOR PRESENTATION PROJECT PLANNER MIGUEL MIO WILL PROVIDE THIS PRESENTATION.

GOOD EVENING CHAIR AND FELLOW COMMISSIONERS BEFORE YOU.

THIS EVENING IS AN APPLICATION FOR A CONDITIONAL USE PERMIT AND LOCAL COASTAL DEVELOPMENT PERMIT TO ALLOW AN EXISTING RESTAURANT TO UPGRADE ITS ONSITE ALCOHOL SERVING LICENSE TYPE.

THE SUBJECT SITE IS LOCATED AT 47 0 2

[00:40:01]

IT CONSISTS OF A SINGLE STORY MULTI-TENANT COMMERCIAL BUILDING WITH A SECOND STORY OFFICE SPACE AT THE REAR.

THE THE SITE IS IN THE NEIGHBORHOOD COMMERCIAL AND PEDESTRIAN ZONING DISTRICT WITH A 1986 GENERAL PLAN LAND USE DESIGNATION OF NUMBER EIGHT P PEDESTRIAN ORIENTED RETAIL.

IT IS ALSO LOCATED WITHIN THE COASTAL ZONE CITY PERMITTING JURISDICTION WHERE THE CITY IS THE SOLE PERMITTING AUTHORITY AND WITHIN AREA D OF THE LOCAL COASTAL PROGRAM, ALSO KNOWN AS BELMONT SHORE.

THE EXISTING USE FOR THIS SPACE IS A RESTAURANT CALLED RAE SINA AND CANTINA, WHICH OFFERS MODERN MEXICAN CUISINE AND HAS AN EXISTING A PC LICENSED TYPE 41 FOR BEER AND WINE THAT WAS APPROVED UNDER A CONDITIONAL USE PERMIT EXEMPTION.

THE SPACE WAS FORMERLY A RUBIO'S COASTAL GRILL BEFORE IT BECAME OPPE.

THE SURROUNDING USES ARE THE SURROUNDING USES.

EAST AND WEST ARE VISITOR SERVING, VISITOR AND RESIDENT SERVING, SUCH AS RETAIL RESTAURANTS AND BARS, WHEREAS NORTH AND SOUTH OF THIS COMMERCIAL CORRIDOR IS LOW DENSITY RESIDENTIAL.

THE AND THIS SLIDE ARE PICTURES OF THE EXTERIOR AREAS, THE UNIT FRONTS, BOTH ROYCROFT AND EAST SECOND STREET.

OUTDOOR DINING IS COVERED BY A BLANKET LCDP, LOCAL COASTAL DEVELOPMENT PERMIT FOR DINING IN THE RIGHT OF WAY.

AND THE APPLICANT HAS OBTAINED THE SIDEWALK DINING PERMITS FROM PUBLIC WORKS.

THESE PICTURES SHOW THE INTERIOR DINING AND PREP AREAS.

THE PICTURE ON THE LEFT SHOWS AN ENTIRE DINING COUNTER AREA WITH THE PHYSICAL PARTITION SEPARATING CUSTOMERS FROM THE SERVING STAFF.

ON THIS SLIDE YOU HAVE THE PICTURE ON THE LEFT, WHICH IS SIDEWALK OFF ROYCROFT AVENUE.

AND ON THE RIGHT YOU HAVE A PARKING AREA ON THE REAR, WHICH FACES THE SOUTHERN ALLEY AND ROYCROFT AVENUE.

THE EXISTING RESTAURANT HAS OPERATED SINCE 2025 AND OCCUPIES 2,131 SQUARE FEET OF COM.

UH, COMMERCIAL SUITE WITH 370 SQUARE FEET DEDICATED TO THE DINING AREA.

THE COUNTER AREA IS 34 LINEAR FEET.

THE APPLICANT IS SEEKING APPROVAL OF A CUP CONDITIONAL USE PERMIT AND LOCAL COASTAL DEVELOPMENT PERMIT TO UPGRADE THEIR A BC TYPE 41 BEER AND WINE LICENSE TO A TYPE 47 BEER WINE IN ITS STILL SPIRITS LICENSE FOR CLARIFICATION, BOTH LICENSES ARE FOR BONAFIDE EATING ESTABLISHMENTS THAT REQUIRE FOOD SERVICE.

THE PHYSICAL PARTITION IS PROPOSED TO BE REMOVED PERMANENTLY WITH NO ADDITIONAL INTERIOR OR EXTERIOR RENOVATIONS PROPOSED.

AS PART OF THIS APPLICATION.

THE BUILDING PROVIDES 10 ONSITE PARKING SPACES AT THE REAR OF THE PROPERTY, BUT ALSO MAINTAINS LEGAL NONCONFORMING RIGHTS TO THE EXISTING RESTAURANT USE.

ADDITIONALLY, THE USE SHARES OFF STREET PARK, OFF STREET PUBLIC PARKING WITH OTHER BUSINESSES IN THE AREA.

THE PROJECT IS ALSO IN THE PARKING EXEMPT AREA AND WHILE NOT IN EFFECT IN THE COASTAL ZONE, CALIFORNIA GOVERNMENT CODE SECTION 6 5 8 6 3 0.2, ALSO KNOWN AS AB 2097 EXEMPTS PARKING REQUIREMENTS.

REGARDLESS OF COASTAL COMMISSION CERTIFICATION, THE USE PROPOSES TO OPERATE WITH AN A BC LICENSE.

TYPE 47 FOR ON-PREMISES SALES OF BEER, WINE, AND IS DISTILLED SPIRITS AT A BONAFIDE EATING PLACE.

THIS UPGRADE WOULD NOT RESULT IN A NET INCREASE IN A BC LICENSES IN THIS AREA.

THE EXPANDED SERVICE HOURS ANTICIPATE AROUND SIX TO 11 EMPLOYEES PER SHIFT.

THE HOURS OF OPERATION YOU SEE, THE EXISTING HOURS OF OPERATION YOU SEE ON THE SCREEN ARE PROPOSED TO INCREASE FROM 8:00 AM TO 11:00 PM SUNDAY THROUGH THURSDAY, AND 8:00 AM TO MIDNIGHT FRIDAY AND SATURDAY.

HOWEVER, GIVEN THE INCIDENTS OF VIOLENCE IN THIS AREA THAT HAD, THAT THEY'VE EXPERIENCED IN RECENT TIMES, STAFF IS RECOMMENDING REDUCED HOURS OF SERVICE SUNDAY TO THURSDAY, 8:00 AM TO 10:00 PM WITH FRIDAY AND SATURDAY UP TO 11:00 PM AND LIMITING THE OUTDOOR PATIO HOURS TO 8:00 AM TO 9:00 PM DAILY, ALL SERVERS AND BARTENDERS MUST BE CERTIFIED WITH THE ABC'S RESPONSIBLE BEVERAGE SERVICE PROGRAM RBS TO ENSURE A SAFE ENVIRONMENT FOR PATRONS AND STAFF.

HERE WE HAVE THE FLOOR PLAN, WHICH SHOWS THE ENTRY AND EXIT POINTS IN GOLD.

THE INDOOR DINING AREA IS IN RED, THE EXISTING COUNTER DINING AREA TO BE CONVERTED INTO A FIXED BAR IN BLUE AND THE OUTDOOR DINING AREA IN GREEN.

THE USE IS IN CENSUS TRACK 5 7 7 3, WHICH ENVISIONS SIX ON SALE ALCOHOL LICENSES CURRENTLY 34 EXIST.

IT IS WORTH MENTIONING THAT THE TOTAL DOES NOT INCLUDE SUPPLEMENTARY ACCESSORY LICENSES.

THE USE IS ALSO IN POLICE DISTRICT 5 72 OF THE EAST PD DIVISION, WHICH IS CONSIDERED A HIGH CRIME AREA.

AND WHILE THIS PROJECT IS IN A HIGH CRIME AREA AND THERE IS ALSO AN OVER CONCENTRATION OF ALCOHOL ON SALE ALCOHOL LICENSES, THE PROPOSED USE

[00:45:01]

IS ENVISIONED AND INTENDED TO BE A RESTAURANT CENTRIC USE WITH ALCOHOL SERVING BEING SECONDARY.

IT IS ALSO IMPORTANT TO BEAR IN MIND THAT THIS AREA HAS INVOLVED OVER TIME INTO A BUSY TOURIST AND VISITOR SERVING AREA.

AND DURING THE REPORTING PERIOD, THERE WERE ZERO CALLS FOR SERVICE TO THIS LOCATION.

PURSUANT TO THE LONG BEACH MUNICIPAL CODE, AN ENTITLEMENT MAY BE APPROVED BY THE PLANNING COMMISSION WHEN POSITIVE FINDINGS CAN BE MADE.

STAFF FINDS THAT POSITIVE FINDINGS CAN BE MADE IN SUPPORT OF THIS APPLICATION.

THE PROPOSAL SEEKS TO UPGRADE ITS EXISTING ALCOHOL SERVING LICENSE TO ALLOW FOR A WIDER RANGE OF BEVERAGE OPTIONS TO COMPLIMENT THE FOOD.

THE THE PRIMARY FUNCTION OF THE USE MUST STILL REMAIN A RESTAURANT TO COMPLY WITH THE REQUIREMENTS OF THE LONG BEACH MUNICIPAL CODE AND THE CALL OF CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL.

FOR THE FIRST FINDING, THE EXISTING USE IS A RESTAURANT WHERE ALCOHOL SERVING IS ACCESSORY TO THE PRIMARY USE, MEANING THIS DOES NOT CREATE A STANDALONE USE FOR THE SECOND FINDING MEASURES WILL BE IN PLACE TO CONSIDER COMMUNITY WELFARE, SUCH AS URBAN ET SIGNAGE, STAFF TRAINING, RESTRICTION OF THE HOURS OF OPERATION, AND THE LIMITATION ON GROSS SALES.

IT SHOULD ALSO BE NOTED THAT NO EXPANSION OF FLOOR AREA IS FLOOR AREA IS BEING PROPOSED AS PART OF THE APPLICATION.

AND TAKING INTO CONSIDERATION THE ABOVE MENTIONED AND BEFORE MENTIONED INCIDENTS OF VIOLENCE IN THE NEIGHBORHOOD THAT IT HAS EXPERIENCED, IT'S ESSENTIAL TO IMPOSE CONDITIONS THAT WILL ENSURE THAT ANY POTENTIAL NUISANCE ACTIVITY IS CONTROLLED.

THIS APPROACH GIVES THE CITY THE ABILITY TO REGULATE THESE USES COMPARED TO OTHER USES THAT HAVE NO CONDITIONS AND NO ENTITLEMENTS IN ACCORDANCE WITH CHAPTER 2152.

NO ADDITIONAL PARKING IS TRIGGERED.

THE OPERATOR WILL PROVIDE NIGHT LIGHTING AND CAMERAS AND WILL TAKE MEASURES TO PREVENT LOITERING AND OTHER UNWANTED ACTIVITIES.

AND WHILE THERE ISN'T AN OVER CONCENTRATION OF ON SALE ALCOHOL IN THIS AREA, IT'S REPEATED THAT THE LICENSE ACCESSORY TO THE PRIMARY RESTAURANT USE WHERE FOOD SERVICE WILL BE REQUIRED.

THE USE IS APPROXIMATELY 321 FEET SOUTH OF LEVITON PARK.

HOWEVER, THE PARK IS BUFFERED BY BUSINESSES ALONG SECOND STREET.

ALTHOUGH THE AREA IS OVER CONCENTRATED WITH ALCOHOL LICENSES.

THE APPLICANT, THE APPLICATION AIMS TO PROVIDE A WIDER VARIETY OF ALCOHOL OPTIONS TO COMPLIMENT THEIR FOOD OFFERINGS AS A BONAFIDE RESTAURANT AND DOES NOT AIM TO POSE ADDITIONAL RISKS OR NUISANCE TO THE SURROUNDING NEIGHBORHOOD.

FURTHERMORE, THE SUBJECT TO SITE IS APPROXIMATELY 2043 FEET SOUTHWEST OF LOWELL ELEMENTARY SCHOOL.

PURSUANT TO THE CITY'S LOCAL COASTAL PROGRAM, THE USE WOULD CONFORM TO THE LOCAL COASTAL PROGRAM REQUIREMENT FOR AREA D BELMONT SHORE, WHERE PEDESTRIAN ORIENTED COMMERCIAL USES HAVE HISTORICALLY EXISTED.

NO LOWER MODERATE INCOME HOUSING IS BEING AFFECTED AND THE PROPOSAL WOULD CONFORM TO THE PUBLIC ACCESS AND RECREATION POLICIES OF CHAPTER THREE OF THE COASTAL ACT.

THE APPLICATION DOES NOT INVOLVE AN ASSEMBLY USE NOR DOES IT, UH, PROPOSE TO RESTRICT SHORT-TERM RENTALS.

THE BUILDING IS EXISTING WITH NO FLOOR AREA, EX FLOOR AREA EXPANSION PROPOSED AND THAT IS ADEQUATELY SURFACED BY ALL UTILITIES.

AND THE APPLICATION DOES NOT PROPOSE TO LEGALIZE ANY, UM, PERMITTED DWELLING UNITS IN ORDER TO ENSURE COMPLIANCE WITH THE ZONING REGULATIONS AND TO PROVIDE A MEANINGFUL USE TO THE NEIGHBORHOOD.

CONDITIONS OF APPROVAL HAVE BEEN PLACED ON THE PROJECT CON CONDITIONS SUCH AS NO MORE THAN 50% OF GROSS ANNUAL SALES, CONSISTENT OF ALCOHOL WITH THE RECORDS MAINTAINED AND AVAILABLE FOR STAFF REVIEW LIVING THE HOURS OF OPERATION AS STATED IN THE PREVIOUS SLIDE, RBS CERTIFICATION, FULL AND COMPLETE MEALS AVAILABLE AT ALL TIMES THAT ALCOHOL IS BEING SERVED.

A ROBUST OPERATIONS PLAN THAT'S THAT WILL DETAIL THEIR, UM, ALCOHOL SERVING PROTOCOLS, SECURITY CAMERAS, NO LIVE ENTERTAINMENT IS ALLOWED WITHOUT FIRST OBTAINING AN ENTERTAINMENT LICENSE WITH THE DEPARTMENT OF FINANCIAL MANAGEMENT.

AND NO CHANGES TO THE FLOOR PLAN WOULD BE ALLOWED TO POTENTIALLY ACCOMMODATE A DANCE FLOOR IN ACCORDANCE WITH THE GUIDELINES FOR THE IMPLEMENTATION OF CQA.

THE PROJECT IS EXEMPT PER SECTION 15 3 0 1 FOR EXISTING FACILITIES AS THE PROJECT CONSISTS OF A MINOR EXPANSION TO THE EXISTING RESTAURANT IN THE FORM OF A FIXED BAR.

THIS APPLICATION WAS DULY NOTICED PURSUANT TO THE LONG BEACH MUNICIPAL CODE AND AS OF TODAY, NO COMMENTS WERE RECEIVED IN RESPONSE TO THAT NOTICING.

BASED ON THE ABOVE INFORMATION AND ANALYSIS, STAFF RECOMMENDS ACCEPTING THE CATEGORICAL EXEMPTION AND THEN PROVING THE CONDITIONAL USE PERMIT AND LOCAL CON COASTAL DEVELOPMENT PERMIT AND ADOPT THE PROPOSED FINDINGS AND CONDITIONS TO ALLOW THAT EXISTING RESTAURANT TO UPGRADE THE CALIFORNIA, THEIR EXISTING CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL TYPE 41 LICENSE TO A 47 FOR, UM, GENERAL LICENSE FOR BEER, WINE AND DISTILLED SPIRITS.

UH, THIS CONCLUDES STAFF'S PRESENTATION.

THANK YOU VERY MUCH, COMMERS.

ANY QUESTIONS, STAFF COMMISSIONER? SO ONE THING I JUST WANT TO POINT OUT IS THE, UH, PRESENTATION TALKS ABOUT

[00:50:01]

8:00 AM OPENING AND THE CONDITIONS OF APPROVAL HAVE 7:00 AM I'M SURE THAT'S AN OVERSIGHT, BUT, UH, WE WOULD NEED TO GET THAT CLEARED UP.

UH, IT'S ON PA IT'S UH, NUMBER 14 ON THE ATTACHMENT.

PAGE THREE.

YEAH, ATTACH ATTACHMENT G.

YEAH, THAT'S OUR ERROR.

SO WE WOULD ASK IF THE, WHEN THE COMMISSION MAKES A MOTION THAT WE MAKE IT A CONSISTENT 7:00 AM I WOULD SO THAT'D BE, GO AHEAD.

SORRY, GO AHEAD.

SORRY.

I'M LOOKING AT THE STATEMENT OF USE THAT WAS PROVIDED BY THE APPLICANT, WHICH STATED 8:00 AM SO IT MIGHT BE THAT THEY PLAN TO OPEN AT EIGHT, SO WE CAN ALSO LEAVE THAT, UM, WHEN THEY WANNA SPEAK.

THAT'S WHAT THEY PROPOSED.

THERE'S A TYPO AT THE 7:00 AM YEAH, I MEAN, I FIGURED IT WAS A TYPO, BUT IT'S SOMETHING WE GOTTA CLEAR UP.

UM, SO THEN GIVEN THE DIRECTOR'S PRESENTATION, UM, YOU KNOW, UNFORTUNATELY WE'RE GONNA HAVE TO GIVE THIS PROBABLY MORE SCRUTINY THAN WE'VE GIVEN PREVIOUSLY.

UH, BUT I I I WANT TO DRILL INTO, YOU KNOW, IT KIND OF HITS ON SEVERAL POINTS THAT YOU TALKED ABOUT WITH OVER CONCENTRATION, UM, UH, AND THEN, UH, THE, THE CRIME RATE.

AND I GUESS I'M JUST TRYING TO UNDERSTAND HOW WE CAN APPROACH THIS IN A FAIR WAY THAT TRIES TO ADDRESS WHAT YOU'RE TALKING ABOUT IN A WAY THAT DOESN'T, UM, OVERLY BURDEN THE APPLICANT.

YEAH, SO I THINK YOU MAY WANNA HEAR THE APPLICANT'S PRESENTATION.

NO ONE HERE IS SAYING THAT, UH, THIS APPLICATION SHOULD NOT BE APPROVED.

I THINK WHAT THE COMMISSION WANTS TO ACCOMPLISH IS ASSURING THAT THIS RESTAURANT REMAINS A RESTAURANT AND DOESN'T BECOME SOMETHING ELSE, UM, LATER INTO THE EVENING.

SO, UM, THAT IS, HAS BEEN A CHALLENGE WITH OTHER ESTABLISHMENTS WE'VE BEEN WORKING, UM, WITH THESE FOLKS.

THIS USED TO BE, IF YOU KNOW THIS SPOT, THIS WAS RUBIO'S AND THEY MADE IT 10,000 MILLION TIMES NICER THAN HOW RUBIO'S WAS DESIGNED.

IT'S A REALLY, UM, BEAUTIFUL SPACE IN THERE.

UM, BUT I THINK FROM STAFF STANDPOINT, IT'S NOT THAT WE WOULD SAY NO TO THE APPLICATION, WE THINK IT SHOULD BE TIGHTLY CONDITIONED.

WE THINK THAT, UH, WHAT'S IN FRONT OF YOU DOES THAT.

UM, BUT I THINK YOU MAY ALSO WANT TO HEAR FROM THE APPLICANT AND WHO THEY SEE AS THEIR CUSTOMER AND THEIR OPERATING PROCEDURES.

THEY OPERATE, UM, OTHER RESTAURANTS, I DON'T THINK HERE IN THE CITY, BUT IN LA AND WEST HOLLYWOOD.

SO THEY COULD TELL YOU A LITTLE MORE ABOUT THAT AND THEN WE'D BE GLAD TO, UH, ANSWER ANY QUESTIONS FROM THE STAFF TABLE.

YEAH, AND AS CHRISTOPHER MENTIONED, WE BELIEVE THE STAFF, WE'VE CONDITIONED IT, UM, APPROPRIATELY.

UM, AND I JUST WANTED TO NOTE, UM, THE REASON WE BROUGHT IT ON THE DIRECTOR'S REPORT IS THIS TOPIC HAS COME UP THE LAST COUPLE OF MEETINGS AND IT, WE TEND TO HAVE AN ALCOHOL CUP ON EVERY COMMISSION MEETING.

SO IT WASN'T INTENTIONAL, YOU KNOW, SPECIFIC TO THIS CASE, I WASN'T TAKING AS INTENTIONAL.

UH, I, I JUST, YOU KNOW, WE CLEARLY CAN'T JUST LISTEN TO THAT REPORT AND THEN, UH, YEAH, NO QUESTIONS.

ALL RIGHT, GREAT.

EVERYONE LOVES IT.

UM, SO ONE THING I DO WANNA DRILL INTO IS THE, AND I THINK I ASKED THIS THE LAST TIME, BUT THE, UH, THE, THE 50 50% ALCOHOL SALES CAP, HOW IS THAT REPORTED AND WHAT HAPPENS IF IT'S NOT MET? YEP.

SO WHAT THE NEWER CONDITIONS THAT YOU'RE SEEING IN FRONT OF YOU HAVE IS ON BUSINESS LICENSE RENEWAL.

SO THOSE HAPPEN ON AN ANNUAL BASIS.

SO WHEN WE USE OUR PERMIT CENTER SOFTWARE, WHICH IS GETTING A BIG REVAMP, AND LUCKILY WE'RE ABLE TO HAVE NOW A PLANNING MODULE IN IT, IT WILL SEND A REMINDER AND WE WILL HAVE PRE-POPULATED LETTERS THAT REMIND, UH, THE APPLICANT.

YOU NEED TO BREAK IT DOWN ACCORDING TO THE CONDITION AND PROVIDE IT.

WE HAVE HAD THAT CONDITION IN AN OLDER, LESS SOPHISTICATED VERSION ON A MASTER CUP AT A BIG SHOPPING CENTER, AND WE HAVE BEEN ABLE TO EFFECTIVELY OBTAIN THOSE, UM, UM, RECEIPTS.

AND THAT'S FROM A MULTICENTER.

SO AS LONG AS WE KEEP PUTTING THESE CONDITIONS ON, WE'RE GONNA ABLE TO TRIGGER THE, UM, ANNUAL RENEWAL THAT WILL NOTIFY US.

WE'LL SEND A LETTER AND THEY'LL HAVE A CERTAIN SPECIFIED AMOUNT OF TIME TO GIVE THOSE BACK.

AND IF, AND ACTUALLY THIS HAS BEEN EFFECTIVE BECAUSE WE HAVE BEEN ABLE TO IDENTIFY WHERE PEOPLE WERE EXCEEDING THAT RATIO OF BEING, UM, TRULY A RESTAURANT, WE'VE BEEN ABLE TO IDENTIFY THAT THE CONDITIONS WEREN'T WRITTEN AS PRECISE

[00:55:01]

AS YOU SEE HERE TODAY.

SO THAT'S WHY WE ARE DOING IT BETTER NOW.

UM, BUT THAT'S HOW WE WOULD NORMALLY DO IT.

RIGHT NOW IT'S A LITTLE BIT MORE MANUAL LABOR, BUT WHEN WE GET OUR NEW PERMITTING SOFTWARE, OUR GOAL IS TO MAKE IT AUTOMATED AND TRIGGERED ON BUSINESS LICENSE RENEWAL.

SO IF THEY DO NOT COMPLY, THEY DO NOT POTENTIALLY GET TO RENEW THAT BUSINESS LICENSE AND OR GET A NOTICE OF VIOLATION.

UM, AND IS THIS SELF-REPORTED? WELL, THAT'S WHERE WE'VE MADE SOME IMPROVEMENTS.

SO IT WAS PREVIOUSLY, UM, SELF-REPORTED.

IT'S STILL SELF-REPORTED, BUT IT WILL BE MANDATORY IN ORDER TO RENEW YOUR BUSINESS LICENSE.

SO BEFORE IT WAS A CONDITION AND A PLANNING DOCUMENT, AND IF PEOPLE IGNORED IT, WE HAD TO THREATEN TO TAKE THEM TO COURT AND THIS WHOLE PROCEDURE, BUT NOW WE CAN SIMPLY WITHHOLD THEIR BUSINESS LICENSE, WHICH THEY NEED TO OPERATE UNTIL THEY PRODUCE THOSE RECEIPTS.

UM, YOU KNOW, WE THEN RECEIVE THE RECEIPTS AND WOULD, UM, TAKE THEM AT FACE VALUE UNLESS WE HAD SOME REASON NOT TO, UH, IF WE HAD A REASON TO NOT BELIEVE THEM, WE WOULD CONSULT WITH THE PROPERTY OWNER, WHICH SOMETIMES IS SOMEONE DIFFERENT THAN THE OPERATOR.

AND, AND SOMETIMES, UM, THE RENT PAYMENTS ARE BASED ON GROSS RECEIPTS SO WE CAN, UM, BACK INTO WHETHER THE NUMBER IS ACCURATE.

UM, UH, WE CAN ALSO WORK WITH A, B, C, OUR PARTNER AT THE STATE AND, AND THEY HAVE SOME DIFFERENT TOOLS, UM, TO GET THE INFORMATION BASED ON THE SALES TAX THAT'S PAID AND SOME DIFFERENT THINGS.

SO, UM, WE HAVE SOME, BUT WE'RE NOT, THERE'S ONE MARYANNE AND THERE'S SOME FOLKS THAT WORK FOR HER.

THERE'S NOT A WHOLE INVESTIGATIVE STAFF OVER HERE.

SO, YOU KNOW, WE HOPE THAT, UM, PEOPLE PROVIDE US ACCURATE INFORMATION AND IF THERE'S SOME KIND OF RED FLAG, THEN WE WOULD DO SOME FURTHER, UM, WORK.

SO WE WOULD DENY, UM, THAT BUSINESS LICENSE FOR RENEWAL.

PREVIOUSLY, OUR ONLY OPTION WAS TO DO WHAT'S CALLED A REVOCATION, AND THERE IS A SECTION OF THE CODE 21, 21, 6 0 1 AND 6 0 5 THAT DEAL WITH REVOCATIONS.

BUT IN THOSE CIRCUMSTANCES, EVEN WE KNOW, WE KNOW THERE'S A VIOLATION.

WE HAVE TO, UM, YOU KNOW, PROVIDE NOTICE TO THE APPLICANT, GIVE THEM A PERIOD TO CURE.

IF THEY CHANGE OWNERSHIP AT ALL DURING THAT PERIOD, THEN WE HAVE TO START THE PROCESS OVER AND THEN WE HAVE TO HAVE A HEARING, LIKE A COURTROOM STYLE HEARING, BUT IN FRONT OF THIS BODY.

I DON'T THINK ANY OF THE COMMISSIONERS, EXCEPT FOR COMMISSIONER TEMPLATE HAVE BEEN THROUGH THAT BECAUSE THAT WAS MANY YEARS AGO THE LAST TIME WE DID IT.

UM, IF WE NEED TO DO THAT, WE'LL DO THAT, BUT THAT'S AN ENORMOUS, UM, ADMINISTRATIVE, UM, BURDEN.

SO WE'RE JUST TRYING TO GIVE OURSELVES SOME ADDITIONAL TOOLS.

AND THEN ONE LAST QUESTION.

UH, YOU TALK ABOUT THE CONCERN THAT THE BUSINESS MORPHS INTO SOMETHING ELSE.

IS THAT GOING FROM A RESTAURANT TO EFFECT W BE A BAR OR THE, THE, THE PROHIBITION ON ON ENTERTAINMENT SEEMS TO BE COMMON IN, IS IT GOING FROM, YOU KNOW, A QUICK SERVICE, FAST CASUAL THING TO A YEAH, A CLUB OR SOMETHING LIKE THAT? YEAH, SO WITHOUT, UM, THERE WAS ONE, UH, RECENTLY THAT WAS APPROVED THROUGH THEIR CONDITIONAL USE PERMIT AS A RESTAURANT.

UM, THEY DESCRIBED THEMSELVES AS A RESTAURANT AND LOUNGE.

UM, WHEN WE WERE ABLE TO ULTIMATELY GET THE RECEIPTS, 90% OF THE SALES WERE COMING FROM ALCOHOL.

IN MY MIND, THAT'S NOT A RESTAURANT.

UM, THERE WERE MORE THAN 300 POLICE CALLS PER YEAR.

SO WE'RE REALLY CONCERNED NOT ABOUT A VERY OBVIOUS CHANGE THAT HAPPENS OVERNIGHT.

'CAUSE THEN YOU CAN GO DOCUMENT IT.

IT'S THAT, OH, WE START STAYING OPEN LATER.

OH, WE CLEAR ALL THE TABLES AFTER 8:00 PM OKAY, WELL NOW PEOPLE AREN'T EVEN COMING BEFORE 8:00 PM SO THIS ACCESSORY LATE NIGHT THING BECOMES THE BUSINESS.

AND I DON'T THINK IT WAS GONNA HAPPEN IN THIS CASE, BUT THAT'S WHAT WE'RE CONCERNED ABOUT GENERALLY, AND THAT'S WHY THE CONDITIONS ARE TIGHTER THAN WHAT YOU'VE SEEN BEFORE.

SO MIGUEL TALKED ABOUT YOU CAN'T EVEN MOVE TABLES.

YOU HAVE TO COME BACK TO US FOR ANY CHANGE IN THE FLOOR PLAN, WHICH MIGHT SOUND LIKE OVERBOARD AT FIRST BLUSH, BUT BASED ON, UH, SOME THINGS WE'RE SEEING IN THE FIELD, THAT'S, THAT'S WHAT WE'RE TRYING TO PREVENT.

CLOSE AT TWO, THREE IN THE MORNING.

UH, IS THE, ANY FURTHER QUESTIONS FROM THE COMMISSIONERS? SEEING NONE IS WOULD THE APPLICANT LIKE TO, UH, MAKE A PRESENTATION OR, OR SPEAK ON THIS ITEM? UM, HI, HOW ARE YOU GUYS? UM, MY NAME'S STEFANO.

I MOZA, I'M THE OWNER OF SANTA FECO AND CANTINA, AND I CAN UNDERSTAND YOUR CONCERN, MR. CLEMSON.

UM, WE OWN, UH, ONE OF OUR UNITS IN THE HEART OF WEST HOLLYWOOD, AND I WANNA SPEAK OF THAT SPECIFICALLY.

WEST HOLLYWOOD IS A CITY THAT'S EXTREMELY THRIVING.

YOU KNOW, MOST OF BARS

[01:00:01]

WE DON'T.

SO WE CARE ABOUT THE SAFETY OF OUR GUESTS, WE CARE ABOUT THE SAFETY OF OUR EMPLOYEES.

WE CLOSE AT 10:00 PM CLOSE THE BOARD.

WE'RE A HUNDRED PERCENT RESTAURANT.

WE DON'T FOCUS JUST ON CRAFT OF OUR PLATTS, BUT WE'RE ALSO FOCUS ON CRAFTING OUR COCKTAILS.

UH, WE OPEN FOR BREAKFAST, UM, ALL THE WAY THROUGH UNTIL, UH, LUNCH AND ALL THE WAY UNTIL DINNER, 10:00 PM THAT'S SEVEN DAYS A WEEK HERE IN LONG BEACH.

WE ASK TO STAY OPEN UNTIL ABOUT 11 JUST SO WE CAN MATCH THE BUSINESS ACROSS THE STREET FROM LEN ACADEMY, MICHEL, AND CREATE A LITTLE BIT MORE OF, OF VIBE ON THE SIDE, WHICH IS THE OPPOSITE DIRECTION OF BELMONT SHORE SECOND STREETS, KNOWING, BEING IN THE INDUSTRY FOR ABOUT 30, 31 YEARS, I KNOW FOR SURE A HUNDRED PERCENT, THAT'S, IF YOU CAN'T PRESENT YOUR CRAFT AT A HUNDRED PERCENT, YOU WON'T MAKE IT THE FIRST 12 MONTHS.

SO WE HAVE 93% CHANCE FAILURE PROBABLY THE FIRST 12 MONTHS IF WE DON'T REALLY PRESENT OUR CRAFT COMPLETELY FROM, YOU KNOW, UH, OUR FOOD PLATTERS, OUR CREATIVITY, ALL THE WAY INTO A COCKTAIL, SO AND FORTH.

WE'RE NOT A BAR, WE'RE NOT GONNA TURN INTO SOME SORT OF CLUB, AS YOU MIGHT PROBABLY HAD SOMETHING LIKE THAT THAT HAPPENED IN THE PAST.

I'M SOMEONE THAT'S GONNA TURN 50 THIS YEAR, SO, AND I HAVE AN 11 MONTHS YEAR OLD, UH, CHILD, SO I DON'T LOOK PAST THREE O'CLOCK IN THE MORNING TO TO, TO GO HOME.

I'M WAY SURPASSED THAT.

SO THE KEY HERE IS TO, YOU KNOW, GROW OUR BRAND, UH, WHERE IT IS A, UH, AN UPSCALE CASUAL CUISINE WHERE IT GIVES, YOU KNOW, AUTHENTICITY OF THE CULTURE, UH, A GOOD FOOD, GOOD DRINKS, BUT NOT, UH, WE DON'T ATTRACT CLIENTELES THAT'S GONNA COME IN AND, AND THEY'RE GONNA BE OBNOXIOUS AND DRUNK AND WE DON'T OVERSERVE.

UM, OUR TEAM ARE WELL-TRAINED FROM SERVERS TO BARTENDERS.

AND I'M SURE IT'S NOTHING THAT YOU HAVEN'T HEARD IN THE PAST, UH, BUT I CAN GUARANTEE YOU WE APPLIED TO GET THE EXACT SAME METHOD IN HEART AND WEST HOLLYWOOD.

THAT'S WHAT OUR UNIT, AND WE STILL CLOSE AT 10:00 PM BECAUSE FROM 10 TO MIDNIGHTS OR MIDNIGHTS INTO THREE IN THE MORNING, YOU ARE NOT, THOSE ARE NOT YOUR CLIENT BASE.

IT'S FOLKS THAT'S YOUNGER.

UH, THEY'RE GOING OUT, YOU KNOW, IT'S JUST DIFFERENT GENERATION.

THAT'S NOT OUR CLIENT BASE.

OUR CLIENT BASE WOULD BE SOMEBODY LIKE YOU THAT'S COMING IN AS A BUSINESS CASUAL TO HAVE LUNCH OR TO HAVE DINNER, UM, OR AS A COUPLE FOLKS OR A GRANDPARENTS THAT'S COMING IN FOR A BREAKFAST OR BRUNCH IN THE MORNING.

THAT'S WHO OUR CLIENT BASE AND THAT'S WHO WE THRIVE TO KIND OF CONTINUE TARGETING.

AND, AND I HOPE THAT THIS COMMITTEE CAN, YOU KNOW, SEE THAT THERE WE'RE NOT, AND I'M SURE AGAIN, A LOT OF FOLKS THAT STOOD IN THIS PODIUM SAID X, Y, AND Z THAT IS JUST NOT WHO WE ARE.

UM, WE HAVE WORKED IN THAT UNIT FOR ALMOST, I'LL SAY A YEAR AND A HALF THAT IT TOOK AND IT TOOK SOME TIMES FOR EVERY INCH OF THAT BUILDING TO GET APPROVED.

UM, FROM 2024.

WE JUST OPENED THAT DOOR ABOUT FOUR MONTHS AGO.

SO WE'RE DOING OUR BEST TO KINDA SUSTAIN OUR BUSINESS AND SUSTAIN OUR MODEL.

BUT I DO KNOW FOR A FACT, JUST BEING AN INDUSTRY INDUSTRY FOR QUITE SOME TIMES, UM, UM, WE'RE NOT FOCUSING ABROAD OF, OF, OF CLIENTELES.

WE ARE A VERY SPECIFIC CLIENT, FOLKS THAT COMES IN, WHICH IS BUSINESS CASUAL FAMILIES, UH, IN THE MORNING AND FOLKS DON'T WANNA DINE AND HAVE A GOOD DINNER AT NIGHT AND JUST GO HOME AND WE CLOSE AT 10:00 PM ON WEEKDAYS.

WE'D LIKE TO CLOSE AT 11 ON WE, UH, FRIDAY AND SATURDAY, WHICH WE CURRENTLY DO.

WE'RE JUST TRYING TO MATCH EXACTLY WHAT THE RESTAURANT CROSS FROM US.

SINCE EVERYBODY'S CLOSED, WE WOULD LIKE TO BE CLOSED AS WELL AT THE SAME TIME.

SO YEAH, WE WOULD LOVE TO HAVE YOUR APPROVAL.

UH, WOULD YOU BE ABLE TO ADD A LITTLE BIT OF INSIGHT IN TERMS OF JUST THE FIRST FEW MONTHS, WHAT YOUR MIX HAS BEEN IN TERMS OF FOOD VERSUS ALCOHOL SALES? SO I'LL TELL YOU JUST, YOU KNOW, OBVIOUSLY WE'VE JUST BEEN A FEW MONTHS.

I THINK IT'S 80% FOOD RIGHT NOW, 20% PROBABLY ALCOHOL, EVEN LESS THAN THAT, TO BE HONEST.

UM, WE WANNA BE CLOSER AT LEAST 30, 35%.

THAT'S THE ONLY WAY WE'RE GONNA MAKE IT.

IN WEST HOLLYWOOD SPECIFICALLY, WE'RE CLOSE TO ROUGHLY ABOUT 30% IN ALCOHOL SALES.

THE REST IS ALL 7%.

IT'S THE SAME METHOD THAT THE CITY OF WI HILL APPLIES.

THAT'S, YOU GET AUDITED JUST TO MAKE SURE THAT YOU'RE NOT, YOU DON'T SURPASS ALCOHOL IN PERCENTAGE SALES VERSUS YOUR FOOD.

'CAUSE EVERYTHING CHANGES.

AND AT THAT POINT, YOU'RE NO LONGER A RESTAURANT, YOU'RE A BAR, THEN YOUR PERMITTING BECOMES COMPLETELY DIFFERENT.

YOUR INSURANCE FOR BUSINESS INSURANCE COMPLETELY HIT DIFFERENT TIERS AND SO ON FORTH.

SO THERE IS PLENTY OF WAYS THAT YOU GET AUDITED AS A BUSINESS TO MAKE SURE THAT'S, YOU KNOW, OUR CRAFT IS ACTUALLY IN THE FOOD.

UM, THE ALCOHOL JUST GIVE YOU THE LITTLE EXTRA TEAR, UH, GLASS OF BEAUTIFUL WINE, OR MAYBE A GLASS OF MARGARITA OR PERHAPS THAT YOU, SOMEONE THAT DOESN'T DRINK WINE, THAT YOU JUST WANT NICE LITTLE COCKTAIL TO ACCOMPANY YOUR, YOUR FOOD, THEN WE CAN PROVIDE THAT FOR YOU.

BUT I KNEW FOR SURE IF SOMEBODY LIKE YOU TO COME AND HAVE DINNER, YOU'RE NOT GONNA SIT THERE AND, AND HAVE SIX DRINKS, SEVEN DRINKS.

BUT, UM, BECAUSE THAT'S NOT OUR CLIENT BASE.

BUT ALSO AT THE SAME TIME, IF STAFF ARE TRAINED ENOUGH TO KNOW THAT, YOU KNOW, THE TIMEFRAME BETWEEN EACH GLASS THAT WE SERVE FOR EACH TABLE AND HOW MANY PER GLASSES X, Y, AND ZI MEAN, WE TALK CONSTANTLY, SO WE KNOW IF SOMEBODY HAD MORE THAN ONE DRINKS, SOMEBODY HAD MORE TO DO DRINKS, TWO DRINKS, AND SO ON FORTH.

SO, UM, WE DON'T OVER POUR, WE DON'T OVERSERVE, WE DON'T DO FREE METHOD EITHER.

SO WE, WE TRY TO TRAIN THE STAFF AS MUCH AS POSSIBLE TO MAKE SURE THAT'S, YOU KNOW, OUR CONCEPT OR DIVISION.

WE'RE TRYING TO GIVE EVERYBODY JUST, YOU KNOW, UH, AN UPSCALE CASUAL MEXICAN CUISINE WITH NICE LITTLE DINING ATMOSPHERE AND A HUNDRED

[01:05:01]

PERCENT SCRATCH CUISINE.

AND, UH, WE DON'T DO THINGS FROM THE CAN OR THINGS FROM THE BAG THAT'S, THAT'S A BAR TYPE.

WHAT, UH, WHAT MENU ITEMS ARE YOU GONNA BE ADD AS A RESULT OF, UH, THIS EDITION? RIGHT NOW WE SERVE BEER AND WINE.

UM, AND OBVIOUSLY WE HAVE A LOT OF FOLKS THAT'S, UM, WE GET A LOT OF GRANDPARENTS THAT'S ASKING FOR WHISKEY THAT LIVE NEARBY.

WE DON'T CARE.

WHISKEY, THAT'S PART OF THE 47, UH, VODKA, UM, GIN.

UM, THOSE ARE ITEMS THAT WILL BE ADDED AND ALSO ADD PROBABLY, UH, A LITTLE LINEUP OF, UH, TEQUILA MEZCALS.

COMMISSIONERS, ANY OTHER QUESTIONS? YEAH.

MM-HMM.

COMMISSIONER, WHERE YES.

YOU, YOU MENTIONED THE CLIENTELE THAT YOU'RE AFTER.

YES, MA'AM.

UM, LIKE US , WHICH WE AREN'T UP AT 11 O'CLOCK MIDNIGHT HAVING DINNER IN A RESTAURANT TYPICALLY, AND YOU'RE CLOSING AT 10:00 AM IN WEST HOLLYWOOD, BUT SEEKING LATER HOUR HOURS HERE.

I KNOW THAT YOU SPOKE ABOUT, UM, I GUESS MAINTAINING THE AREA WITH THE RESTAURANT ACROSS THE STREET.

SO, UM, I GUESS I WANNA KNOW WHAT IS MAKING THIS ADDITIONAL HOUR? LIKE HOW IS THAT WHAT STAFF IS, IS REQUESTING AND WHAT YOU'RE ASKING FOR.

HOW DOES THAT ADDITIONAL HOUR REALLY MOVE THE NEEDLE? SO IF WE WERE TO SAY, YOU KNOW, WE AGREE WITH STAFF'S RECOMMENDATION.

SURE.

HOW DOES THAT IMPACT YOU? AN HOUR CAN REALLY IMPACT YOU IF YOU HAVE, IF THAT LASTS HOUR, YOU GET THREE TABLES.

I MEAN, YOU CAN DO THE MAT AND THREE TABLES AT PROBABLY 150 BUCKS A POP.

UM, THAT CAN, THAT CAN BE HUGE, UH, A DEAL BREAKER, WHETHER IT TAKE A CHUNK OUT OF YOUR LABOR OR A CHUNK OUT OF YOUR RENT.

RENT IS NOT CHEAP EITHER.

ON BELMONT SHORES, IT IS GINORMOUS.

UM, WE HAVE, UM, QUITE LARGE BILL AT THE END OF THE MONTH TO PAY.

SO FOR US, THAT ADDITIONAL SALES THAT COMES THROUGH, IT IS COMING FROM FOLKS IN MY AGE, UM, THAT'S JUST DINING OUTS OR AT DATE NIGHTS, BUT IT ISN'T A SOMEONE WHO'S COMING IN THAT JUST WON A NIGHT CAP, UH, OR A COUPLE OF NIGHT CAMPS TO GO HOME.

THAT'S NOT OUR CLIENT.

EVEN CURRENTLY IN THE PAST FOUR MONTHS, THAT WILL BE ACTUALLY THERE.

WE CLOSE AT 11 FRIDAY AND SATURDAY.

WE DO GET ROUGHLY ABOUT FOUR TO FIVE, MAYBE EVEN 60 WAS THE LAST, THE LAST HOUR, WHICH IS GREAT FOR US TO HAVE BECAUSE IT DOES HELP OURSELVES AT THE END OF THE NIGHT.

SO THAT ALSO MADE A RECOMMENDATION FOR THE PATIO TO CLOSE EARLIER THAN THE INDOOR, BUT YOU'D STILL BE ABLE TO HAVE CLIENTS.

IS THAT A, AN IMPACT AS WELL? YEAH, IT'S KIND OF LIKE A YES OR NO.

YOU DON'T WANT TO CLOSE PARTIAL OF THE RESTAURANT BECAUSE IT LOOKS CLOSED AT THAT POINT.

LIKE IF YOU CLOSE THE PATIO EARLY, THEN MIGHT AS WELL CLOSE THE RESTAURANT AS A WHOLE.

UM, THAT'S JUST SELECT ME.

IF I'M GONNA SERVE YOUR PLATTER, I'M GONNA SERVE YOU HALF PLATTER.

I HAVE TO GIVE YOU THE FULL VISION.

RIGHT.

AND THE FULL EXPERIENCE THAT YOU'RE COMING IN HALF.

SO, UH, WE ELECT AND INTEND TO KEEP THE PATTY OPEN ALL THE WAY UNTIL CLOSING TIME.

USUALLY EVEN RIGHT NOW, I'LL TELL YOU IN THE PAST FOUR MONTHS THAT WE'VE BEEN THERE, OR THIS FOUR MONTHS WE HAVE BEEN THERE, PATIO HAS BEEN CLOSING ALMOST AN HOUR BEFORE BECAUSE YOU DON'T HAVE ANYBODY AND PEOPLE COME IN USUALLY WANNA SIT INSIDE, DON'T WANNA SIT OUTSIDE.

UM, BUT WE DON'T BREAK IT DOWN.

WE STILL LEAVE IT.

AND BECAUSE THAT'S PART OF THE VISION, PART OF THE, UH, THE WHOLE EXPERIENCE THAT YOU'RE COMING IN, SO TO HAVE AND CURRENTLY THEY, THEY'RE BOTH OPEN AND CLOSED AT THE SAME TIME.

ANY OTHER QUESTIONS? SEEING NONE.

ANY MEMBERS OF THE PUBLIC WISHING TO SPEAK ON THIS ITEM? SEEING NONE.

ANY VIRTUAL COMMENTS? IF YOU'RE JOINING US VIRTUALLY, WE'D LIKE TO PROVIDE PUBLIC COMMENT ON THIS ITEM.

PLEASE USE THE RAISE HAND FUNCTION AT THIS TIME.

THERE APPEAR TO BE NONE, SEEING NONE.

WHY THE DIFFERENCE, WHY WE'RE CHANGING THE CURRENT HOURS IF THEY'RE OPERATING THE WAY THEY ARE WITH THE CLIENTELE THAT THEY HAVE, AND THEY JUST ARE ADDING, YOU KNOW, COCKTAILS WHICH EXIST AT THEIR CURRENT LOCATION.

WE'LL TAKE IT BACK BEHIND, UM, COMMISSIONER'S DISCUSSION.

I HAD ONE QUESTION OR, UM, AND JUST, UH, IT OCCURRED TO ME RIGHT NOW THAT WE, UH, IN TERMS OF THE HOURS, WE'RE NOT MAKING ANY REFERENCE TO ANY HOLIDAYS OR ANYTHING LIKE THAT, STRICTLY DAYS OF THE WEEK.

IS THAT A CONSIDERATION OR IS THAT WHAT'S ALREADY BEEN CONSIDERED? WE TYPICALLY DON'T GET INTO HOLIDAY HOURS.

IF THEY DID WANNA HOLD A SPECIAL EVENT OR SOMETHING LIKE THAT, THEY CAN USE THE OFFICE OF SPECIAL EVENTS AND FILMING HAS SPECIAL EVENT PERMITS THAT YOU CAN DO ONE TIME SMALL SPECIAL EVENTS, BUT WE TYPICALLY DON'T GET INTO THE, UM, NUANCE OF HOLIDAYS VERSUS NON HOLIDAYS.

OKAY, THANK YOU.

ANY DISCUSSION? YEAH, I'M, I'M BACK TO STAFF BECAUSE THIS IS, IT'S DIFFICULT BECAUSE WE KNOW THE DIRECTION WE'RE TRYING TO MOVE IN AND THE REASONS BEYOND THAT.

BUT, UM, AS A MOTION, I'M STILL CONFLICTED.

AS I'M LOOKING AT THE HOURS OF ALL THE RESTAURANTS AROUND, WE ARE APPLYING SOMETHING DIFFERENT TO THIS NEW OPERATOR.

WE PHILOSOPHICALLY ARE MOVING IN A DIRECTION THAT WE AREN'T IN NOW.

SO I JUST MAYBE EXPLAIN TO ME

[01:10:01]

UM, IF YOU CAN JUST, I KNOW WE'VE TALKED ABOUT IT, BUT CAN WE JUST TALK ABOUT IT AGAIN? WOULD YOU LIKE? UH, SO FOR, FOR RIGHT NOW, THEIR HOURS ARE NOT REGULATED BY THE PLANNING DEPARTMENT.

SO WHAT THEY HAVE RIGHT NOW IS CALLED A CONDITIONAL USE PERMIT EXEMPTION.

WHEN WE HAVE THOSE, THOSE ARE WHEN YOU'RE, THAT, THAT 70, 30% ALCOHOL THAT I THINK WE'VE DISCUSSED OVER THE COURSE OF THE LAST COUPLE, AND THEY'RE EXEMPT FROM THE USE PERMIT RESTRICTIONS.

SO WE DON'T GET INTO HOURS OR ANYTHING LIKE THAT.

THEY'RE A FOOD DRIVEN RESTAURANT WITHOUT A FIXED BAR.

THEY HAVE THAT PARTITION AND WE DON'T GET INTO THE HOURS THEY'RE EXEMPT FROM THIS DISCRETIONARY PROCESS.

WHEN WE'RE GETTING INTO THIS DISCRETIONARY PROCESS, WE'RE TRYING TO BRING CONSISTENCY AND INTO A GREATER PRO PROCESS, WHICH IS THAT CONDITIONAL USE PERMIT.

AND WE HAVE LOOKED AT OUR PAST CONDITIONAL USE PERMITS, INCLUDING OTHERS ON SECOND STREET, AND WE AS STAFF FIELD AT 11:00 PM WHILE THE APPLICANT HAS ASKED FOR MIDNIGHT 11:00 PM IS THAT HAPPY MEDIUM AND IT'S ALSO CONSISTENT WITH THE HOURS THAT HAVE BEEN APPROVED BY THIS COMMISSION IN THE LAST COUPLE MONTHS.

UM, WOULD WE PREFER PROBABLY 10 TO RATIONALIZE ON THAT? UM, JUST BEING A RESTAURANT? YES.

BUT WE ALSO WANNA BE CONSISTENT WITH THE OTHER BUSINESSES THAT WE'VE APPROVED CS ALONG THIS.

AND WE'VE ALSO PUT A LOT OF BELT AND SUSPENDERS TO REVOKE OR ISSUE NOTICES OF VIOLATION IF WE DO FIND VIOLATIONS.

BUT 11 A 11:00 PM DOES ALIGN WITH SOME RECENT CS THAT WE HAVE APPROVED AT THIS COMMISSION AND FOR THE WEEKEND HOURS, YOUR FRIDAYS AND YOUR SATURDAYS.

SO THAT'S WHERE STAFF IS RIGHT NOW.

AND WE'RE COMFORTABLE WITH 11:00 PM AS, UH, RECOMMENDED.

ANY OTHER DISCUSSION? SEEING NONE.

COMMISSIONER TEMPLE? UH, JUST THAT WE ARE GOING TO MAKE THE CORRECTION FOR THE 8:00 AM OKAY.

ITEM 14? YES.

CORRECT.

FOR ITEM 14 ON THE CORRECTION OF THE HOURS, CORRECT? RIGHT? MM-HMM .

ANY OTHER COMMENTS? SO IS THAT CLEARLY PUT FORWARD AS A FRIENDLY AMENDMENT TO THE MOTION COMMISSIONER CLEMSON? UH, YEAH, I WOULD LIKE TO REQUEST THAT TO THAT CORRECTION TO BE A FRIENDLY AMENDMENT.

AND IS THAT ACCEPTABLE COM UH, VICE CHAIR WARE? YES.

AND THANK YOU.

THANK YOU COMMISSIONER TEMPLE.

AND YOU BEAT ME TO IT.

ANY OTHER COMMENTS? NOT SEEING NONE.

ERIC, CAN I, UH, MADAM CLERK, PLEASE CALL FOR THE VOTE.

COMMISSIONER WARE, I CAN TAKE A VERBAL YES.

MOTION IS CARRIED AS AMENDED.

IS A RECOMMENDATION TO ACCEPT CATEGORICAL EXEMPTION CE DASH 26 DASH 0 3 3.

PLEASE READ THE NEXT ITEM.

ITEM NUMBER SIX

[6. 26-55324 Recommendation to accept Categorical Exemption CE-26-033, finding the proposed project exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15303 (Class 3, New Construction or Conversion of Small Structures); and Approve a Conditional Use Permit (CUP25-023) to legalize an existing certified California Redemption Value (CRV) recycling center with an on-site attendant for eligible beverage containers, including aluminum, glass, and plastic containers located in an existing 2,600 square foot building at 1951 West 16th Street in the General Industrial (IG) Zoning District. Heavy metal recycling (i.e. copper) is not permitted as part of this recycling center use. (District 7) Suggested Action: Approve recommendation. ]

FINDING THE PROPOSED PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO STATE SQL GUIDELINES, SECTION 1 5 3 0 3 AND APPROVE A CONDITIONAL USE PERMIT TO LEGALIZE AND EXISTING CERTIFIED CALIFORNIA REDEMPTION VALUE RECYCLING CENTER WITH AN ONSITE ATTACHMENT FOR ELIGIBLE BEVERAGE CONTAINERS, INCLUDING ALUMINUM, GLASS AND PLASTIC CONTAINERS LOCATED IN AN EXISTING 2,600 SQUARE FOOT BUILDING AT 1 9 5 1 WEST 16TH STREET.

IN THE GENERAL INDUSTRIAL ZONING DISTRICT, HEAVY METAL RECYCLING IS NOT PERMITTED AS PART OF THIS RECYCLING CENTER USE DISTRICT SEVEN.

MOTION COMMISSIONER CLINTON AND COMMISSIONER TEMPLE.

WE HAVE A MAKER AND A SECOND PLEASE.

CORNER OF HAY HAYES AVENUE AND WEST 16TH STREET WITHIN THE, UM, GENERAL INDUSTRIAL ZONING DISTRICT AND HAS A GENERAL PLAN PLACE TYPE OF INDUSTRIAL.

WE'LL TURN IT OVER STAFF FOR PRESENTATION PROJECT PLANNER ALEX MULDROW WILL PROVIDE THIS PRESENTATION.

GOOD EVENING CHAIR AND FEDERAL COMMISSIONERS, EXCUSE ME, I'M PRESENTING A CONDITIONAL USE PERMIT, UM, REQUEST TO LEGALIZE THE OPERATION OF AN EXISTING CERTIFIED CRV RECYCLING CENTER LOCATED AT 1951 WEST 16TH STREET.

THE, THE USE OPERATES WITHIN AN EXISTING 2,600 SQUARE FOOT INDUSTRIAL BUILDING AND ACCEPTS ONLY CALIFORNIA ADDITION VALUE ALUMINUM GLA, UH, ALUMINUM GLASS AND PLASTIC BEVERAGE CONTAINERS, EXCUSE ME.

THE SITE IS LOCATED AT THE NORTH NORTHWEST

[01:15:01]

THE SURROUNDING AREA IS PREDOMINANTLY INDUSTRIAL WITH SOME COMMERCIAL, UM, SLASH INDUSTRIAL USES TO THE EAST AND LIMITED RESIDENTIAL USES TO THE SOUTH.

THE SITE IS APPROXIMATELY 11,000 SQUARE FEET THAT CONSISTS OF TWO INDUSTRIAL STRUCTURES, ONE BEING A GLASS MANUFACTURER SLASH WAREHOUSE, AND THE OTHER BEING THE RECYCLING CENTER IN QUESTION.

AS YOU CAN SEE, THE EXISTING STRUCTURE IS YOUR TYPICAL INDUSTRIAL METAL STRUCTURE.

UM, A PHOTO TO THE LEFT SHOWS THE INSIDE OF THAT STRUCTURE.

THIS IS A VIEW OF THE STAGING AREA THAT CONTAINS YOUR TYPICAL RECYCLING COLLECTION CENTER COMPONENTS THAT EXIST TODAY.

THE RECYCLING CENTER IS EXISTING AND THIS CUP FORMALIZES THE USE.

THE FACILITY IS ATTENDED AT ALL TIMES.

UM, IT EMPLOYS THREE STAFF MEMBERS AND OPERATES, UM, 8:00 AM TO 4:30 PM ON WEEKDAYS AND 8:00 AM TO 2:00 PM ON WEEKENDS.

ALL ACCEPTED MATERIALS ARE SORTED AND STORED INSIDE THE BUILDING IN SECURED CONTAINERS.

UM, A LICENSED PROCESSOR RETRIEVES FULL CONTAINERS TWO TO THREE TIMES PER WEEK WITH ALL LOADING OCCURRING ON PRIVATE PROPERTY.

THE RECYCLING CENTER IS A CERTIFIED CALIFORNIA ADDITION VALUE RECYCLING CENTER IN ACCORDANCE WITH THE COW RECYCLE REGULATIONS.

CALIFORNIA REDEMPTION VALUE OPERATIONS INVOLVE CONSUMERS PAYING A REFUNDABLE DEPO DEPOSIT AT THE TIME OF PURCHASE FOR ELIGIBLE BEVERAGE CONTAINERS INCLUDING ALUMINUM, GLASS, AND PLASTIC CONTAINERS.

CONSUMERS, UM, RECEIVE THEIR CRV REFUND WHEN ELIGIBLE EMPTY CONTAINERS ARE RETURNED TO THE CERTIFIED RECYCLING CENTER.

AT THIS LOCATION, CONSUMERS MAY REDEEM CRV MATERIALS EITHER BY COUNT OR OR BY WEIGHT FOR LARGER VOLUMES IN ACCORDANCE WITH THE STATE REGULATIONS AND OPERATIONAL DISCRETION.

REDEMPTION SERVICES ARE PROVIDED DURING THE POST OPERA OPERATING HOURS, EXCEPT THE MATERIALS ARE SORTED BY MATERIAL TYPE AND STORED IN DESIGNATED SECURED CONTAINERS.

ON SITE MATERIALS REMAIN ON THE PREMISE UNTIL THE CONTAINERS REACH FULL CAPACITY.

A LICENSE CY RECYCLING PROCESSOR RECEIVE THE MATERIALS, UM, AN AVERAGE OF TWO TO THREE TIMES A WEEK, DEPENDING ON VOLUME AND OPERATIONAL NEEDS.

EACH LOAD IS PROCESSED AND DOCUMENTED BY MATERIAL TYPE.

THE RECYCLING CENTER RECEIVES PAYMENT FROM THE, UM, THE LICENSE PROCESSOR UPON PICKUP AND PROCESSING.

THE PROCESSOR IN TURN RECEIVES REIMBURSEMENT THROUGH THE CALIFORNIA BEVERAGE CONTAINER RECYCLING PROGRAM, FUNDING THE, UM, FUNDING SYSTEM AND ADMINISTERED BY CAL RECYCLE.

THE ALL OPERATIONS ARE CONDUCTED IN COMPLIANCE WITH APPLICABLE STATE AND LOCAL REGULATIONS, INCLUDING MAT, UM, MATERIAL HANDLING, STORAGE, DOCUMENTATION, AND CONSUMER REFUND PROCEDURES.

STAFF HAS EVALUATED THE PROJECT AGAINST THE REQUIRED CUP UM, FINDINGS.

THE USE IS CONSISTENT WITH THE GENERAL PLAN AND ZONING.

IT'S COMPATIBLE WITH THE SURROUNDING INDUSTRIAL USES AND INCLUDES OPERATIONAL CONTROLS THAT PREVENT IMPACTS ON PUBLIC HEALTH, SAFETY, ENVIRONMENTAL QUALITY.

ADDITIONALLY, THE LONG BEACH CLIMATE ACTION PLAN IDENTIFIES WASTE AS A KEY SOURCE OF GREENHOUSE GAS EMISSIONS.

THUS, THE VERSION OF WASTE THROUGH RECYCLING IS A CORE GOAL FOR THE CITY.

CONSISTENT WITH THE LB CAP, OBJECTIVE MATERIALS CAN BE RE RECYCLED OR RECYCLED.

THIS PROPOSED RECYCLING USE HELPS REDUCE WASTE BY PRO BY PROVIDING AN ADDITIONAL RECYCLING CENTER WITHIN THE CITY THAT IS ACCESSIBLE TO NEARBY NEIGHBORS AND BUSINESSES.

THE PROJECT ALSO COMPLIES WITH THE TWO SETS OF SPECIAL CONDITIONS FOR RECYCLING CENTERS IN CHAPTERS 21, 20 52, INCLUDING ONSITE ATTENDANCE, PAVED SERVICES, ENCLOSED STORAGE, NOISE MITIGATION, AND PROHIBITATION OF PROCESSING ACTIVITIES SUCH AS CRUSHING OR SHREDDING THE RECOMMENDED CONDITIONS OF APPROVAL.

FURTHER ENSURE

[01:20:01]

COMPATIBILITY.

THESE INCLUDES PROHIBITING HEAVY METAL RECYCLING SUCH AS COPPER REQUIRING ALL TRUCK PICKUPS TO OCCUR ON PRIVATE PROPERTY AND STAFF DIRECTING VEHICLE VEHICLE MOVEMENTS, LIMITING PROCESSOR PICKUPS TO THREE TIMES PER WEEK, REQUIRING A REMOVAL OF ALL ALL OUTDOOR SHIPPING CONTAINERS WITHIN 30 DAYS AND REQUIRING ANNUAL DISTRI DISTRIBUTION OF MANAGER CONTACT INFORMATION TO ADJACENT PROPERTIES AND NEARBY RESIDENCES.

UNDER CQA, THE PROJECT QUALIFIES FOR CATEGORICAL EXEMPTION UNDER SECTION 15 3 0 3 AS KNOWN NEW SQUARE FOOTAGE FOOTAGES WERE PROPOSED FOR THE USE AND INVOLVES A CONVERSION OF A SMALL, UH, EXISTING SMALL STRUCTURE.

591 PUBLIC NOTICES WERE MAILED IN ACCORDANCE TO, TO THE LONG BEACH MUNICIPAL CODE AND NO COMMENTS WERE RECEIVED DURING THIS TIME.

STAFF RECOMMENDS THAT THE COMMISSION ACCEPT THE CQA EXEMPTION AND APPROVE THE CUP TO LEGALIZE THE EXISTING CRV RECYCLING CENTER WITHIN THE CONDITIONS PRESENTED.

THIS CONCLUDES MY PRESENTATION, UM, MYSELF, UM, THE APPLICANT, JACK MANEZ AND THE BUSINESS OWNER GISELLE TORRES, ARE AVAILABLE FOR FOR QUESTIONS.

THANK YOU VERY MUCH, COMMISSIONERS.

ANY QUESTIONS? YEP.

COMMISSIONER, WHERE, UM, WHY DID THE FACILITY BEGIN OPERATING WITHOUT A CUP AND ARE WE HERE? WAS IT CODE ENFORCEMENT COMPLAINTS? UM, JUST BACKGROUND OF HOW WE GOT HERE.

SO THIS ORIGINALLY CAME IN AS A CODE ENFORCEMENT WARNING, UM, THAT PROMPTED THE APPLICANT TO APPLY FOR THE CUP, WHICH THEN LANDED ON MY DESK.

AND COMMISSIONER, WHAT WAS THE CODE ENFORCEMENT PROBLEM? THEY WERE, UH, CALLED FOR, SO IN THE ZONE IT REQUIRES THE CEP TO RUN A RECYCLING CENTER, UM, TO COMPLY WITH THE STATE REGULATIONS.

UM, THEY, I, I BELIEVE THEY WERE IN THE PROCESS OF, UM, EITHER GETTING OR RENEWING THAT LICENSE AND THEN THAT'S WHEN THEY WERE NOTIFIED THAT THERE WASN'T A CUP FOR THIS PROPERTY.

UM, OR THAT'S WHEN THE CITY WAS NOTIFIED.

AND THAT'S WHEN THEY WENT OUT TO GIVE THE WARNING TO THE, TO THE BUSINESS OWNER.

WHICH BRINGS US TO, YEAH, THERE WAS A PREVIOUS PERMITTED LEGAL USE IN THIS SPACE.

SO IT'S NOT THAT THE SPACE WAS, UM, DEVELOPED WITHOUT PERMITS, BUT ON THE CITY RECORDS, THIS WAS A MANUFACTURING USE.

UH, THE APPLICANT ATTEMPTED TO OBTAIN THEIR, UH, RECYCLING CENTERS NEED APPROVALS FROM THE STATE, NOT JUST FROM THE CITY.

UM, THE STATE NOTIFIED US OF, UH, THE APPLICATION.

WE DIDN'T HAVE ANY RECORD OF IT.

UM, WE FOLLOWED UP WITH THE APPLICANT TO THEIR CREDIT.

WHILE THAT WAS A WARNING, THAT WASN'T A CITATION BECAUSE THEY DID IMMEDIATELY START THE, THE FORMAL PROCESS, WHICH BRINGS US, UM, FORWARD TO TODAY.

MY UNDERSTANDING IS THEY'VE BEEN WORKING WITH ALEX, UM, THROUGH THAT PROCESS.

UM, IN, SO ARE THEY, SO THEN THEY'RE, THEY'RE CURRENTLY NOT OPERATING THEN? IS THAT, IS THAT THAT'S THE CASE? WE DON'T HAVE ANY INFORMATION ON THAT.

THEY DON'T HAVE ANY LEGAL AUTHORIZATION TO BE OPERATING THERE.

SO THEN THERE'S NO UNDERSTANDING OF KIND OF HOW WELL THEY WOULD BE COMPLYING WITH ANYTHING RIGHT NOW? UH, WE DON'T HAVE ANYTHING.

THAT'S WHY WE CONTINUE TO CONDITION IT.

THE STATE DIFFERENT THAN THE, THE CITY DOES DO BACKGROUND CHECK ON RECYCLING APPLICANTS.

SO THEY WOULD LOOK FOR THINGS LIKE, UH, CRIMINAL HISTORY OR ANY PAST VIOLATIONS AT OTHER FACILITIES.

UM, NONE OF THAT HAS BEEN BROUGHT TO OUR ATTENTION.

UM, BUT THEY HAD NEVER REQUESTED THAT DO THAT, BUT WE JUST WANTED AFFIRMATIVELY TO PREVENT THAT, UH, USE FROM EVER BEING ALLOWED.

UM, ONE THING I NOTICED SPECIFICALLY AROUND THE CRV UH, LIMIT, UM, IS THAT TO PREVENT THINGS LIKE METAL, LIKE THEFT? OR IS THAT JUST FOR SIMPLICITY OF, UH, OPERATION? UM, IT'S A BRAVE NEW WORLD AND WE WERE TRYING TO, UH, CRAFT CONDITIONS THAT WOULD PROHIBIT THEM, UH, FROM ACCEPTING COPPER AT THIS LOCATION BECAUSE OF, UM, ALL THE PROBLEMS WE'RE HAVING WITH COPPER THEFT AROUND THE CITY, REGION, AND COUNTRY.

[01:25:01]

A ADDITIONALLY TO THAT, UM, HEAVY METAL REQUIRES A WHOLE DIFFERENT LICENSE.

UM, IT'S LIKE A SCRAP METAL LICENSE, WHICH THEY DO NOT HAVE.

AND THE CRV HAS THE, YOU KNOW, THE RESTRICTIONS FOR ONLY ELIGIBLE, UM, BRITISH CONTAINERS.

AND THEN THERE ARE SEVERAL, SEVERAL CONDITIONS IN HERE, ESPECIALLY AROUND LIKE PUBLIC RIGHT OF WAY, UH, KEEPING THINGS INDOORS AND CLEAN AND, AND, AND THINGS LIKE THAT.

IF THERE, WHAT'S THE ENFORCEMENT PATHWAY FOR THAT? SO IF WE GET DOCUMENTATION, AND THIS HAS BEEN HAPPENING ON A LOT OF OUR USE PERMITS, AND IT'S HELPFUL TO HAVE WELL-WRITTEN CONDITIONS, WE CAN ISSUE NOTICES OF PLANNING VIOLATIONS AND GIVE THEM A SHORT TIMEFRAME TO COMPLY, AND THEN FUTURE INSTANCES OF VIOLATION COULD BRING THAT BACK TO THIS HEARING BODY THROUGH THAT VOCA REVOCATION PROCESS, WE SEEM TO KEEP COMING BACK TO, AND WE ARE, UM, RIDING OUR CONDITIONS MUCH BETTER THAN WE DID IN THE PAST COUPLE YEARS.

SO WE ARE ABLE TO CROSS REFERENCE THE EXACT CONDITIONS THAT ARE BEING VIOLATED AND TAKE ACTION AS SOON AS WE CAN.

GREAT.

ANY OTHER QUE COMMISSIONER ? UM, DO YOU KNOW WHO THE CLIENTELE ARE THAT WOULD USE THIS FACILITY? ARE WE TALKING ABOUT PEOPLE BRINGING IN RECYCLABLES? ARE WE TALKING ABOUT BUSINESSES BRINGING RECYCLABLES? IT'S MORE JUST PEOPLE, UM, MAINLY PEOPLE THAT MAYBE AREN'T AS CLOSE TO LIKE YOUR REGULAR GROCERY STORE WHERE YOU WOULD BRING THOSE, UM, ELIGIBLE CONTAINERS.

UM, SO I BELIEVE THAT IS LIKE, KIND OF LIKE THE CLIENTELE THAT THEY'RE GOING FOR MORE.

SO.

SO IT WOULD MOSTLY BE INDIVIDUALS CORRECT.

COMING IN, BUT BUT THEY, THEY ARE HERE, RIGHT? YES.

AND WE CAN ASK THAT.

I THINK THAT'S A GREAT QUESTION FOR THE APPLICANT.

GREAT SEGUE.

ANY, ANY ADDITIONAL QUESTIONS FROM STEPH? SEEING NONE.

IF THE APPLICANT WOULD LIKE TO COME AND, UH, PRESENT OR SPEAK.

SO, HI, UM, HI, MY NAME'S UM, GISELLE TORRES.

SO I'M THE OWNER OF, UH, FIT RECYCLING.

SO, UM, OUR CLIENTELE WOULD BE YOUR REGULAR CONSUMER, UM, MYSELF, UM, ANYBODY, YOU KNOW, ANY AGE, UM, HOMELESS OR ANYBODY THAT IT'S IN NEED OF, UM, A LITTLE BIT OF EXTRA CASH.

UM, EVERY TIME WE GO TO THE GROCERY STORE, ANY, ANY BEVERAGE WE, WE PURCHASE, UM, WE PAY A DEPOSIT.

SO, UM, I FEEL THAT MY BUSINESS MAKES AN IMPACT FOR EVERYONE JUST IN GENERAL BECAUSE IT'LL AVOIDS PEOPLE FROM LITTERING OR THROWING TRASH AWAY, UM, PEOPLE WHILE PEOPLE SEE RECYCLING AS TRASH.

UM, BUT IN REALITY WE PAY 10 CENTS PER ITEM.

AND IF WE GET MOST OF THE CONSUMERS TO RETURN THEIR, THEIR ITEMS AND OBVIOUSLY GET THEIR MONEY IN RETURN, IT CAN CREATE A BIG IMPACT.

UM, IN GENERAL, CAL RECYCLE DOES HAVE A, A STUDY THAT SAYS THAT OUT OF THE A HUNDRED PERCENT OF THAT FUND, ONLY SEVEN 70% GETS USED.

SO 30% OF THE FUND DOESN'T GET UTILIZED FROM THE CAL RECYCLE.

SO WE NEED MORE BUSINESSES IN RECYCLING IN ORDER FOR PEOPLE TO RECYCLE AND TO PRETTY MUCH GET BACK THE REDEMPTION OF WHAT YOU PAY.

'CAUSE IF YOU ADD UP EVERY TIME YOU GO TO GROCERY STORES, WHEN YOU BUY SODAS, WATERS, IT ADDS UP AT THE END OF THE YEAR.

YOU KNOW, YOU MAY BE LOOKING ABOUT 800, $900 THAT YOU PRETTY MUCH JUST THREW AWAY.

SO, UM, BUT YEAH, I MEAN, , UM, BUT YEAH, IT WOULD BE NO COMPANIES.

THE MAJORITY OF MY PEOPLE ARE CONSUMERS.

UM, THAT'S PRETTY MUCH WHAT I'M GOING FOR.

UM, AND PRETTY MUCH JUST MAKE AN IMPACT, UM, IN LONG BEACH TO CLEAN UP AS MUCH AS WE CAN AVOID PEOPLE FROM LITTERING.

SO THAT'S, THAT'S MY MY MAIN THING, .

WHEREVER THEY, THEY DISPOSE OF THEM WHEREVER THE, THE STATE.

AND DO YOU MOVE ON THE COLLECTED ITEMS ONTO ANOTHER PROCESSING AREA WHERE THEY SHRED, CRUSH? CORRECT.

THEY CRUSH.

SO PRETTY MUCH ALL OUR STUFF IS IN BINS AND THEN IT GOES TO THE PROCESSOR.

PROCESSOR, UM, DEALS WITH THE CRUSHING AND CREATING THEM INTO CUBES.

UM, AND, AND THEN THEY PAY ME FOR WHATEVER I SUBMIT TO THE STATE.

SO YOU'RE BASICALLY, YOU'RE ALMOST LIKE A PUBLIC SERVICE COLLECTING WHAT COULD BECOME DEBRIS I COLLECT FROM ALL THE CONSUMERS AND THEN PRETTY MUCH ALL THE, ALL THE, PRETTY MUCH ALL THE RECYCLING CENTERS SUBMIT TO THAT PROCESSOR.

SO IT'S A BUNCH OF LICENSED PROCESSORS THAT GO TO THAT COMPANY.

AND THEN FROM THERE THEY GO TO LANDFILLS OR

[01:30:01]

AND YOU DO THE SORTING? WE DO THE SORTING, YES.

COMMISSIONER, ANY OTHER COMMISSIONER? UM, MS. TOR, MS. TORRES, SORRY, I HAVE A .

UM, ONE, ONE OF THE THINGS I THINK IS IMPORTANT IS MAKING SURE THAT THE OPERATIONS DO STAY INDOORS.

I THINK IT'S VERY, VERY, UH, VALUABLE THAT THAT'S ONE OF THE CONDITIONS HERE.

CAN YOU WALK THROUGH HOW YOU MIGHT APPROACH MAKING SURE THAT, THAT, YOU KNOW, THERE ISN'T A LINE OR FOLKS DON'T START STORING THEIR STUFF, YOU KNOW, OUTDOORS ON THE, UM, THE SIDEWALKS? UH, SO NORMALLY WHAT WE DO, UM, WE ALWAYS TRY OUR BEST TO TRY TO HELP EVERYBODY, GET EVERYBODY IN AND OUT.

SO WHEN PEOPLE ARE UNLOADING THEIR BAGS, WE USUALLY HELP THEM PRETTY MUCH UNLOAD, UM, EVERYTHING AND BRING IT INSIDE THE FACILITY.

BECAUSE A LOT OF THE TIMES WHAT HAPPENS IS, LIKE, LET'S SAY FOR INSTANCE, THEY START SORTING OUTSIDE IT, THEY, THEY LEAVE DEBRIS, THEY LEAVE CERTAIN THINGS.

SO THEN THAT MAKES MORE WORK FOR US.

'CAUSE THEN WE HAVE TO GO SWEEP OUTSIDE, CLEAN OUTSIDE AS WELL.

WE DO IT REGARDLESS.

WE ALWAYS CLEAN THE, THE ALLEY, THE SIDEWALK.

WE ALWAYS MAKE SURE IT STAYS CLEAN.

UM, BUT AS MUCH AS POSSIBLE, THERE'S ALWAYS, USUALLY THERE'S TWO OR TWO THREE OF US DEPENDS ON THE VOLUME OF CLIENTELE.

SO OUR GOAL IS TO TRY TO GET EVERYBODY AS IN AND OUT AS, AS FAST.

BECAUSE, I MEAN, THE FASTER YOU MOVE, THE MORE MONEY WE CAN MAKE, THE MORE MONEY WE CAN PRODUCE.

AND THE PEOPLE COME IN WITH GOOD EXPERIENCES.

THEY SAID, HEY, THAT PLACE IS FAST, THEY'RE CLEAN, UM, YOU KNOW, X, Y AND Z.

THEY HELP YOU OUT UNLOAD YOUR STUFF.

MOST RECYCLING CENTERS DON'T HELP YOU.

YOU, YOU HAVE TO DO IT ON YOUR OWN.

BUT A LOT OF THE TIMES WE ALWAYS TRY TO HELP OUR PEOPLE BECAUSE WE WANNA HAVE THE BEST REVIEWS.

WE WANT PEOPLE TO COME BACK.

UM, WE WANNA MAKE AN IMPACT.

WE WANNA BE DIFFERENT THAN ALL THE OTHER RECYCLING CENTERS OUT THERE.

UM, I KNOW THAT THEY DO HAVE A LOT OF BAD WRAP IN, IN, IN, IN CLEANS AND ALL THAT, BUT I WANNA MAKE A DIFFERENCE.

I WANNA MAKE SURE THAT PEOPLE KNOW LIKE, HEY, THAT PLACE IS ALWAYS CLEAN.

THEY'RE INDOORS, THEY HAVE AIR, THEY HAVE AC UM, THEY HAVE MUSIC.

I MEAN, WE GIVE WATERS TO CUSTOMERS WHEN IT'S REALLY HOT.

UM, SO WE, WE ARE JUST TRYING TO MAKE A DIFFERENCE IN LONG BEACH BECAUSE IN MY AREA, THERE'S NO RECYCLING CENTER IN MY AREA.

THERE'S NOTHING THERE.

SO, I MEAN, THAT'S WHY I'M HERE.

AND I'VE BEEN DOING EVERYTHING AS POSSIBLE TO, TO TRY TO GET THIS LICENSE AND GET EVERYTHING.

I MEAN, I APPLIED FOR IT.

THEY TOLD ME, HEY, YOU CAN'T PAY FOR THIS FEE UNTIL YOU HAVE THE CONDUCIVE USERS PERMIT APPROVAL.

SO NOW WE'RE HERE MONTHS LATER AND, AND I'M JUST DOING MY BEST AND, AND, AND I WANNA EXPAND AND GET ANOTHER LOCATION.

AND, AND THAT'S IN AVALON IN, IN LOS ANGELES.

BUT WE'RE WORKING ON THAT.

SO THAT'S THAT'S GONNA BE A WHILE TOO.

BUT I MEAN, THAT JUST TELLS YOU THAT I'M HUNGRY, I'M YOUNG AND I WANNA CONTINUE TO GROW.

AND I JUST WANNA MAKE AN IMPACT, NOT ONLY JUST WITH MY EMPLOYEES, THE PEOPLE UNDER ME, BUT IN THE COMMUNITY AS WELL.

SO PEOPLE KNOW LIKE, HEY, LIKE FIT RECYCLING, HEY, LET'S GO THERE.

LIKE THAT PLACE IS, IS DIFFERENT THAN ALL THE OTHER RECYCLING CENTERS.

AND OBVIOUSLY I WANNA REPRESENT LONG BEACH.

I WANT TO MAKE SURE THAT THEY SAY, HEY, THERE'S A LOCATION IN LONG BEACH.

IT'S CALLED FIT RECYCLING.

THAT PLACE IS GREAT.

THEY'RE DOING SUCH A GREAT JOB.

IT'S CLEAN, YOU KNOW, I MEAN THAT'S, I JUST WANNA BE PART OF EVERYTHING AND ALL THE CHANGES THAT'S HAPPENING RIGHT NOW, CURRENTLY IN LONG BEACH.

AND I, AND I ACTUALLY, I WANTED TO SAY THAT I'VE SEEN SUCH AN IMPACT FROM THE TIME THAT I FIRST GOT THAT LEASE TO NOW IT CLEANING IS EVERYTHING.

IT'S, IT'S BEEN SUCH A GREAT IMPACT AND I WANNA BE PART OF IT TOO.

AND HOPEFULLY I GET THE OPPORTUNITY TO STAY AS LONG AS I CAN.

UM, ONE, ONE OTHER QUESTION JUST ABOUT THE CRV.

UM, THAT'S SOMETHING THAT YOU CAN, DO YOU PLAN ON CONTINUING TO ONLY ACCEPT CRV BEVERAGE CONTAINERS ONLY? YEAH.

AND NOT MOVING TO THINGS LIKE COPPER OR, OR SCRAP METAL OR ANYTHING LIKE THAT? NO.

I'M ONLY ALLOWED TO, TO ACCEPT ONLY CRB CONTAINERS.

UM, NOTHING MORE.

YEAH, THAT WOULD TAKE A DIFFERENT, UH, A WHOLE DIFFERENT, UM, A WHOLE DIFFERENT LICENSE, A WHOLE DIFFERENT PERMIT AND, UM, SPACE, UH, A WHOLE DIFFERENT ZONE.

SO THAT WOULD BE, UH, THAT WOULD BE TOO MUCH FOR ME.

I WOULDN'T BE ABLE TO, TO DO THAT.

UM, YEAH, CRV IS ENOUGH FOR ME.

GREAT.

YOU'RE WELCOME.

ANY MEMBERS OF THE PUBLIC WISH TO MAKE ANY COMMENTS ON THIS ITEM? SEEING NONE, ANY VIRTUAL COMMENTS, IF YOU'RE JOINING US VIRTUALLY WOULD LIKE TO PROVIDE PUBLIC COMMENT ON THIS ITEM.

PLEASE USE THE RAISE HAND FUNCTION AT THIS TIME.

OR QUESTIONS? SCENE NONE.

I'LL TAKE IT BACK HERE.

COMMISSIONERS.

ANY COMMENTS OR QUESTIONS? COMMISSIONER, I DO JUST WANT TO REALLY COMMEND YOU.

YOU HAVE A REALLY GREAT ATTITUDE ABOUT THIS AND I'M REALLY GREAT.

I'M REALLY HAPPY TO SEE THAT YOU'RE VERY EXCITED ABOUT IT.

SO THANK YOU.

ANY ADDITIONAL COMMENTS

[01:35:01]

MADAM CLERK, PLEASE CALL FOR THE VOTE.

VICE CHAIR WHERE I CAN TAKE A VERBAL, OKAY.

NO.

SO THIS IS THE MOTION? YES, MOTION IS CARRIED.

TO CONSIDER AND AFFIRM THE ZONING ADMINISTRATOR'S CLASSIFICATION OF USE DETERMINATION AND ADOPT THE PROPOSED FINDINGS THERE TOO, TO ALLOW BATTERY ENERGY STORAGE SYSTEMS TO ALIGN WITH THE USE DETERMINATIONS FOR ELECTRICAL DISTRIBUTION, SUBSTATION IN THE ZONING REGULATIONS AND TRANSITIONAL ZONING REGULATIONS, INCLUDING AT 2250 E 69TH STREET IN THE NI DASH ONE ZONING DISTRICT.

PLEASE READ THE NEXT ITEM.

ITEM NUMBER SEVEN IS A RECOMMENDATION

[7. 26-55326 Recommendation to consider and affirm the Zoning Administrator’s Classification of Use (USE26-001) determination, and adopt the proposed findings thereto, to allow battery energy storage systems (BESS) to align with the use determinations for electrical distribution substations in the Zoning Regulations (Title 21) and Transitional Zoning Regulations (Title 22), including at 2250 East 69th Street in the NI-1 (Neo-Industrial 1) Zoning District. (Citywide) Suggested Action: Approve recommendation. ]

CITYWIDE.

BATTERIES INSTALLED WITHIN MODULAR OUTDOOR ENCLOSURES, INVERTERS, MEDIUM VOLTAGE TRANSFORMERS, A SWITCHGEAR, A COLLECTOR SUBSTATION, AND OTHER ASSOCIATED EQUIPMENT TO INTERCONNECT TO THE EXISTING GRID.

CAN I GET A MAKER AND A SECOND PLEASE? THANK YOU.

COMMISSIONER TEMPLE.

COMMISSIONER LINSON.

WE'LL TURN IT OVER TO STAFF FOR REPRESENTATION.

THANKS, CHAIR.

COMMISSIONERS.

UM, I'M GONNA TURN IT OVER TO OUR ZONING ADMINISTRATOR, MARYANNE CRONIN IN JUST A MOMENT.

WE DON'T SEE CLASSIFICATION OF USE, UM, REQUESTS EVERY DAY.

UM, BUT IT IS A SPECIAL, UM, PART OF THE CODE THAT ALLOWS US TO, TO, UM, GO THROUGH A PROCESS TO CLARIFY WHAT, UM, PROCESS A LAND USE THAT MAY NOT ALREADY BE EXPLICITLY CALLED OUT IN OUR LAND USE TABLE IN THE CODE, HOW IT SHOULD BE GOVERNED.

UM, SO IT'S BEEN, UM, A WHILE SINCE WE'VE DONE ONE OF THESE.

MARIANNE WILL EXPLAIN THE NUANCES OF THAT, UM, AND LOOK FORWARD TO THE DISCUSSION.

OKAY, THANK YOU.

UH, GOOD EVENING, CHAIR AND COMMISSIONERS.

SO AS ALLISON ALLUDED TO, THE USE WE'RE GONNA TALK ABOUT TONIGHT IS BATTERY ENERGY STORAGE SYSTEMS, OR ALSO REFERRED TO AS BEST SITES, UM, IN COMMON NOMENCLATURE.

AND I, I DO SEE THAT THERE'S AN ADDRESS ON HERE AND I JUST WANNA CLARIFY THAT THIS IS BOTH A PARTICULAR INTERPRETATION AND CLASSIFICATION OF USE FOR THIS SPECIFIC SITE IN THE NEW INDUSTRIAL ONE, BUT ACCOMPANYING THIS AFFIRMATION AND HOPEFULLY, UM, MOVING FORWARD A POLICY THAT WOULD ALSO GOVERN OUR OTHER, UM, ZONES THROUGHOUT THE CITY.

SO I JUST WANTED TO INTRODUCE THAT.

AND THE OTHER CAVEAT I DO WANNA MAKE SURE IS THAT THIS IS NOT APPROVING A PROJECT.

SO THERE'S NO PROJECT.

YOU MIGHT SEE A, UH, ILLUSTRATIVE IMAGE THAT IS NOT A PROJECT BEFORE YOU, THIS IS ONLY FOR A CLASSIFICATION OF USE IN A SPECIFIC ZONE AND THEN A POLICY THAT WILL THEREAFTER GOVERN THIS USE ELSEWHERE IN THE CITY.

UM, SO CLASSIFICATION OF USES, UH, AS ALLISON SAID, THEY'RE NOT VERY COMMON, BUT IT'S REALLY, REALLY IMPORTANT TO NOTE THAT WE DO HAVE A VERY COMPREHENSIVE ZONING DOCUMENT, UH, IN OUR ZONING REGULATIONS THAT WE DO CHANGE VERY OFTEN THAT COME BEFORE THIS COMMISSION, AS YOU ALL ARE AWARE.

BUT WE ALSO, WE, WE DON'T HAVE EVERY USE CONCEIVABLE UNDER THE SUN IN THAT DOCUMENT.

AND SO WHAT THE PURPOSE OF THIS IS, IF YOU DO HAVE A USE THAT IS NOT IN ENCOMPASSED IN THE ZONING CATEGORIES, AND I'LL SHOW YOU A SAMPLE USE TABLE THAT YOU'RE FAMILIAR WITH, THAT THERE'S A PROCESS FOR THE ZONING ADMINISTRATOR TO TAKE THAT IN, LOOK AT ALL THE USES IN THE ZONING REGULATIONS, FIND SOMETHING ANALOGOUS AND SIMILAR WITH SIMILAR CHARACTERISTICS AND PUT FORTH A, UH, PROPOSAL FOR HOW THAT CAN BE TREATED, UM, THEREAFTER IN THAT ZONE AND OR THROUGH A POLICY DOCUMENT.

AND SO THAT PROCESS GOES THROUGH THIS COMMISSION.

AND WHAT YOU'RE DOING TODAY IS AFFIRMING THE DOCUMENTS THAT ARE IN YOUR, IN YOUR MINOR STAFF REPORT, AS WELL AS IN THE ATTACHMENTS THROUGH THAT POLICY DOCUMENT.

SO, UM, THERE IS NO NOTICING RELATED TO THIS IN OUR, UM, ZONING REGULATIONS, BUT IT DOES GO BEFORE THIS COMMISSION FOR THAT DISCUSSION.

SO WHAT IS THE USE THAT WE'RE LOOKING AT? UM, IT IS A BATTERY ENERGY STORAGE SYSTEM AND YOU'VE PROBABLY HEARD ABOUT THEM.

THEY ARE A NEW TECHNOLOGY THAT ARE REALLY GONNA BE INTEGRAL INTO OUR ELECTRICAL SYSTEM.

AND UH, THE DEFINITION WE ARE LOOKING AT IS A FACILITY COMPOSED OF BATTERIES THAT ARE CHARGED WITH EXCESS ELECTRICITY FOR STORAGE AND LATER SOLD TO AN ELECTRICAL UTILITY PROVIDER THROUGH A SUBSTATION CONNECTION FOR CONSUMERS, WHICH IS REALLY IMPORTANT ON HOW YOU GET THE ENERGY FROM THE GRID, UM, TO THE STORAGE AND OUT OF THE STORAGE INTO THE GRID.

AND IN SHORTER TERMS, IT'S THE ONSITE STORAGE OF ELECTRICITY FOR A LATER USE.

SOME OF THE KEY THINGS THAT ARE WORTH CONSIDERING, AND YOU SEE A COUPLE OF IMAGES BELOW OF JUST CONCEPTUAL IDEAS OF WHAT A A BEST COULD LOOK LIKE IS YOU'LL HAVE USUALLY THE FOLLOWING COMPONENTS.

UM, YOU'LL HAVE LITHIUM ION

[01:40:01]

UM, SO IT'S IMPORTANT TO KNOW MOST OF THESE ARE OUTDOORS.

THERE ARE CERTAIN CALIFORNIA FIRE STANDARDS THAT REQUIRE THEM TO BE OUTDOORS BASED ON A KNOWLEDGE OF HOW THIS TECHNOLOGY IS PROGRESSING THROUGH TIME.

IT IS ALSO IMPORTANT TO NOTE THAT'S INCLUDED ON THIS SLIDE, THAT THE STATE HAS TAKEN AN ACTIVE INTEREST THROUGH THE CALIFORNIA ENERGY COMMISSION TO MAKE SURE THAT THESE TYPES OF USES ARE ALLOWED THROUGHOUT THE STATE.

AND WHAT THAT IS, IS THROUGH THE OPT-IN CERTIFICATION PROGRAM.

IT'S AN OPTIONAL PERMITTING PRO PROGRAM THROUGH THE STATE WHERE IT ALLOWS YOU TO BYPASS LOCAL, UH, ZONING REQUIREMENTS.

AND WE WANTED TO MAKE SURE THAT'S NOTED HERE BECAUSE TODAY'S GOAL IS TO CLASSIFY THIS USE AND HOW IT CAN BE UNDER OUR REGULATIONS HERE, WHERE THERE COULD BE INSTANCES WHERE AN APPLICANT CHOOSES TO BYPASS THOSE LOCAL RULES AND USE THIS OPT-IN PROGRAM WHERE THE CITY IS NOT NECESSARILY ABLE TO PASS WHATEVER WE DECIDE HERE TODAY.

SO I DID WANNA MAKE SURE, UM, THERE ARE STATUTORY REQUIREMENTS FOR THOSE THAT THE APPLICANT WOULD HAVE TO FOLLOW.

BUT BASICALLY THESE TYPES OF USES ARE GONNA BE INTEGRAL FOR HOW WE CAN USE, UM, TYPICAL WEATHER DEPENDENT ELECTRICAL SOURCES SUCH AS YOUR SOLAR AND YOUR WIND AND HARNESS THEM FOR WHEN WE'RE EXCEEDING OUR GOALS AND BEING ABLE TO USE THEM AT NIGHTTIME HOURS.

AND THAT'S REALLY WHAT THE GOAL OF THE BEST IS.

AND, UH, OUR CODE, UM, DOES NOT HAVE THE BEST, IT'S SURPRISINGLY ENOUGH , WE DO NOT HAVE THAT CATEGORY OF A USE.

UM, SO LET'S GO BACK TO THAT SITE BECAUSE WE CAN'T, UH, FORGET THAT.

SO THE SITE THAT THE APPLICANT IS REQUESTING THIS CLASSIFICATION OF USE SO THEY, UH, POTENTIALLY COULD MOVE FORWARD IN THE, IN THE FUTURE IS IN THE NEO INDUSTRIAL ONE ZONE IN THE NORTHERN PORTION OF THE CITY.

UH, IT IS WORTH NOTING, IT'S ALSO IN THE NEO INDUSTRIAL, UM, PLACE TYPE, WHICH ALLOWS BUILDINGS UP TO 65 FEET IN HEIGHT.

IT'S ABOUT, UM, UH, OVER FOUR ACRES.

AND RIGHT NOW IT'S OCCUPIED BY A LOGISTICS WAREHOUSE THAT OPERATES AS, UH, WITH TRUCKING USES.

AND AS YOU CAN SEE FROM THE SITE, IT'S A NOT YOUR TYPICAL RECTANGULAR SITE.

IT ACTUALLY IS RECTANGULAR FOR MOST OF IT, BUT THEN IT PINCHES DOWN TO A SMALL DRIVEWAY THAT'S ACTUALLY SHARED BY NEIGHBORING INDUSTRIAL USES.

SO THIS AREA RIGHT HERE IS PRETTY HEAVILY INDUSTRIAL DESPITE ITS NEO INDUSTRIAL PLACE TYPE.

BUT ONE THING TO CONSIDER ON THE SOUTHERN PORTION, UH, SOUTH OF THIS SITE IS THE, UH, SOCAL EDISON TRANSMISSION LINES THAT RUN THROUGH THAT NORTHERN PORT OF, UH, PART OF THE CITY THROUGH PARAMOUNT AND INTO OTHER ADJACENT CITIES.

SO THAT IS DIRECTLY, UM, NEAR THAT SITE, WHICH IS MEANS THAT IT'S A CRITICAL SITE FOR US TO CONSIDER ON HOW FAR FROM SUBSTATION TO GRID AND TO, UM, BESS.

THOSE ARE GONNA BE KEY LOCATIONS FOR WHERE THESE USES ARE GOING TO BE LOCATED.

ANOTHER KEY ASPECT IS TO THE RIGHT OR THE EAST OF, OF THIS SITE IS THE UNION PACIFIC RAIL LINE, WHICH IS ABOUT 60 FEET WIDE WITH INDUSTRIAL USES ACROSS TO THE EAST.

YOU DO HAVE PORTIONS OF THE CITY OF PARAMOUNT, UM, TO THE, UH, TO THE NORTH AND TO THE NORTHEAST THAT ARE WORTH NOTING.

BUT THIS IS PROB PRETTY MUCH THE, THE FARTHEST NORTH, UM, YOU CAN GET.

AND I DID HAVE A DISCLAIMER AND A REMINDER.

WE'RE NOT LOOKING AT THE PROJECT AT THIS TIME, WE'RE JUST LOOKING AT THE USE, BUT PROVIDING THE CONTEXT FOR THE SITE.

AND SO YOU'RE PRETTY FAMILIAR WITH OUR USE TABLES BY NOW 'CAUSE WE DO KEEP YOU BUSY WITH ZONING AMENDMENTS.

SORRY ABOUT THAT.

BUT, UH, WITH EVERY TYPE OF CLASSIFICATION OF A CATEGORY OF A USE, YOU'LL SEE THAT ON THE LEFT HAND SIDE AND THEN ACROSS THE TABLE, THIS IS THE EXCERPT FROM TITLE 21, WHICH THEN YOU'LL SEE COLUMNS WITH EACH ZONE.

THIS EXCERPT IS FROM THE COMMERCIAL TABLE OF TITLE 21, WHICH IS OUR MORE TRADITIONAL COMMERCIAL AREAS, NOT INTO TITLE 22.

BUT AS YOU CAN SEE IN THIS SUBSECTION, ELECTRICAL DISTRIBUTION STATIONS, FOR EXAMPLE, THERE'S A C ACROSS THE BOARD UNTIL YOU GET TO THE RIGHT HAND SIDE WHERE IT SAYS THE CS ZONE, WHICH IS OUR COMMERCIAL STORAGE ZONE.

SO AS YOU CAN SEE, WHEN YOU GET ACROSS THE BOARD WITH, UH, ELECTRICAL DISTRIBUTION SUBSTATIONS, ALL OF THOSE USES REQUIRE A CONDITIONAL USE PERMIT.

UH, THAT IS VERY CONSISTENT WITH THE OTHER DISTRICTS THAT WE HAVE IN OUR CITY, WHICH

[01:45:01]

ARE, UM, THROUGHOUT OUR ZONING REGULATIONS.

SO THE REASON I WANTED TO HIGHLIGHT IS THAT'S REALLY WHAT WE'RE LOOKING AT IS THAT LEFT HAND COLUMN HAS NO REFERENCE TO A-B-E-S-S OR BATTERY STORAGE ANYWHERE IN OUR MUNICIPAL CODE FOR ZONING REGULATIONS.

SO FOR TODAY, WE'RE GONNA BE LOOKING AT HOW WE CAN FIND A SIMILARLY SITUATED USE TO FOLLOW THAT AND DETERMINE HOW THAT PATHWAY CAN BE ACCOMPLISHED.

UH, SO THERE'S A LOT OF SLIDE, THERE'S A LOT OF WORDS ON THE SLIDE, BUT THEY ARE HOPEFULLY CAN BE SUMMARIZED, IS THAT THE TRUTH IS THAT BSS ARE NOT SPECIFICALLY LISTED IN OUR, UH, ZONING REGULATIONS AS PERMITTED, CONDITIONALLY PERMITTED OR PROHIBITED IN AN, IN ANY ZONES.

AND THAT'S ONE OF THE FINDINGS THAT WE'LL GO OVER A LITTLE LATER.

BUT THE CLOSEST SIMILAR, UH, LAND USE THAT WE DO HAVE IS AN ELECTRICAL DISTRIBUTION SUBSTATION.

IT'S INTERESTING ENOUGH IS THESE BESS IS NEED A SUBSTATION IN ORDER TO OPERATE.

AND THE KEY DIFFERENCE BETWEEN A-B-E-S-S AND ELECTRICAL DISTRIBUTION SUBSTATION IS IT'S THE TRANSFORMING A VOLTAGE.

BUT AS YOU SEE IN THAT DEFINITION, IT'S TRANSFORMING THAT VOLTAGE FOR TO GO DOWN TO THE CONSUMER.

IN THIS INSTANCE, THAT SUBSTATION IS TRANSFORMING THE VOLTAGE FOR STORAGE AND THEN TRANSFORMING IT UP TO GO BACK INTO THE GRID.

SLIGHTLY DIFFERENT, VERY SIMILAR.

BOTH ARE ALSO OUTDOOR USES.

THEY HAVE DIRECT TIES TO ELECTRICAL INFRASTRUCTURE AND THEY DO HAVE ELECTRICAL DISTRIBUTION SUBSTATIONS ON SITE.

IT IS ALSO IMPORTANT TO NOTE THAT IN OUR INDUSTRIAL CODE WE USE STANDARD INDUSTRIAL CLASSIFICATION OF USE OR SIC CODES.

AND THOSE ARE ALSO BROADLY CATEGORIZED IN THE SIC CODE SECTION 4 9 1 1 FOR ELECTRICAL SERVICES.

SO ALL THESE ALIGN AND, AND IN OUR REVIEW WE HAVE FOUND THAT THE ELECTRICAL DISTRIBUTION SUBSTATION SEEMS TO BE THE APPROPRIATE SIMILAR LAND USE THAT WE CAN ALIGN IT WITH.

AND WITH THAT, UH, WE NEED TO LOOK AT HOW DOES THAT OCCUR IN OUR ZONING REGULATIONS.

SO FOR MOST OF OUR ZONING REGULATIONS THROUGHOUT THE CITY IS YOU NEED A CONDITIONAL USE PERMIT.

THERE ARE A SELECT FEW SPECIFIC PLANS THAT HAVE A STRAIGHT NO.

UM, WE DO HAVE SOME AREAS IN, UH, RESIDENTIAL THAT ARE A NO.

SO WE DO HAVE NOS ACROSS THE BOARD, BUT PREDOMINANTLY IT'S A CUP.

AND AS THIS COMMISSION KNOWS, CU PS ARE NOT, UM, A RUBBER STAMP.

WE NEED TO LOOK AT APPROPRIATENESS TO THE SITE.

AND WE HAVE A SET OF CON FINDINGS THAT YOU ALL ARE FAMILIAR WITH SEEING.

AND SO WITH THE TITLE 22 STANDARDS, YOU'LL ALSO SEE THAT THE NEO INDUSTRIAL ONE ALLOWS US ELECTRICAL SUBSTATIONS WITH, UM, WITH A CUP AS WELL.

THEY ARE NOT ALLOWED IN NEO INDUSTRIAL TWO.

SO THAT IT IS IMPORTANT DISTINCTION.

SO IN THIS ZONE FOR THIS PARTICULAR SITE, BASED ON WHAT WE'RE UM, PROPOSING, YOU WOULD NEED A CONDITIONAL USE PERMIT TO PROCESS THIS SITE WITH A BESS.

UM, YOU WOULD NOT BE ABLE TO DO THAT SAME THING IN THE NEO INDUSTRIAL TWO, FOR EXAMPLE.

AND THERE ARE NO TITLE 21 OR 22 ZONES THAT WOULD ALLOW THIS ELECTRICAL DISTRIBUTION STATION BY, RIGHT? SO THAT'S AN IMPORTANT NOTE.

IT'S EITHER PROHIBITED OR A CUP, WHICH ALLOWS THE DISCRETION OF THIS COMMISSION AND FOR STAFF TO MAKE DETERMINATIONS ON APPROPRIATENESS.

THE OTHER IMPORTANT PART IS IT ALSO TRIGGERS THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.

AND THAT'S AN IMPORTANT PART OF HOW WE CAN MAKE SURE LAND USES DO NOT CREATE AN EFFECT ON THE ENVIRONMENT.

SO WITH ALL OF THOSE LEVERS, WE'RE ABLE TO NOT JUST RUBBER STAMP BEES, IT IS WORTH NOTING AGAIN THAT THE OPT-IN PROGRAM COULD BYPASS THIS PROCESS THAT WE'RE WE'RE RECOMMENDING HERE.

UM, SO THESE ARE THE FINDINGS THAT YOU'RE VERY FAMILIAR WITH.

YOU ACTUALLY HEARD IT TWICE TODAY, SO THEY SHOULDN'T BE A SURPRISE TO YOU.

AND IT'S TALKING ABOUT HOW AN APPROVAL IS CONSISTENT WITH A GENERAL PLAN, SPECIFIC PLAN, ANY DEVELOPMENT STANDARDS COMPATIBLE WITH SURROUNDING COMMUNITY SPECIAL CONDITIONS THAT SOMETIMES OR ARE OR ARE NOT ENUMERATED IN THE CODE DEPENDING ON HOW WE WRITE THAT CODE AT THAT TIME, AS WELL AS THE GREEN BUILDING STANDARDS.

SO WITH THAT, UM, THESE ARE EXISTING SPECIAL CONDITIONS THAT ARE HOUSED IN 2152.

AND YOU'LL NOTE WE HAVE TWO DIFFERENT CATEGORIES.

ONE FOR WHEN YOU'RE IN A RESIDENTIAL DISTRICT AND ONE WHERE YOU'RE NON-RESIDENTIAL.

UM, WE CAN'T PREDICT THE FUTURE, BUT I I'M NOT SURE WE'LL HAVE A LOT OF THESE IN RESIDENTIAL DISTRICTS.

NONETHELESS, PROVIDING THAT THESE WOULD BE, UM, AS PROPOSED, THESE WOULD BE THE FINDINGS THAT WOULD NEED TO BE PROVIDED

[01:50:01]

IF IT WAS TO BE LOCATED IN ONE OF THOSE DISTRICTS THAT REQUIRED A CUP.

UM, PROBABLY MOST COMMONLY ARE THESE NON-RESIDENTIAL DISTRICTS, YOUR INDUSTRIAL AREAS THAT ARE NEED NEAR TRANSMISSION TOWERS.

AND YOU'RE GOING TO SEE THAT THEY HAVE TO BE FULLY SCREENED FROM PUBLIC VIEW.

AS YOU SAW IN SOME OF THOSE ILLUSTRATIONS, THAT'S INHERENT WITH THE STANDARD DESIGNS IS THAT THEY'RE GONNA BE WALLED IN AND THEY HAVE CERTAIN FIRE PROTECTION STANDARDS TO MAKE SURE NOBODY CAN GET INTO THOSE SECURE SITES.

THEY ALSO HAVE TO BE WELL LIT AS WELL.

SO THOSE ARE THINGS THAT AT THE PROJECT LEVEL, THE PLANNER WILL WORK ON, INCLUDING WITH, UH, CQA COMPLIANCE.

NOW, BACK TO WHERE WE ARE HERE TODAY IS THE CLASSIFICATION OF USE FINDINGS HAVE FOUR FINDINGS THAT ARE IN YOUR PACKET.

UH, WE HAVE GONE OVER THAT.

THE, UM, THE ZONES DO NOT INCLUDE BESSES.

THOSE ARE NOT INCLUDED IN OUR REGULATIONS.

UM, AS FAR AS PERMITTING, THE USE IN THE ZONE WILL CARRY OUT THE INTENT OF THE ZONE.

THE NEO INDUSTRIAL ONE ZONE IS INTENDED TO CREATE THOSE TECHNOLOGICAL NEW TECHNOLOGIES THAT, UM, ARE NOT OUR DIRTY USES.

SO THIS USE, IF LOCATED IN THIS WOULD REPLACE A TRUCKING USE WITH MANY TRUCKS THAT GO ON AND OFF THE FREEWAY WITH A LOW TRAFFIC RELATED USE.

UM, BUT ALSO SPUR SOME OF THOSE NEW JOBS IN TECH FOR MAINTENANCE AND ALSO UPGRADING THAT TECHNOLOGY.

SO IT DOES HAVE A, A, A CONNECTION WITH THOSE INNER INNOVATIVE NEW TECHNOLOGIES.

AND ALSO IT CONNECTS US WITH HOW DO WE HARNESS OUR GREEN TECHNOLOGIES SUCH AS SOLAR AND WIND IN A MORE EFFICIENT SPACE FOR US TO USE AND REDUCE OUR RELIANCE ON FOSSIL FUELS.

SO IT DOES ALIGN ON THOSE ASPECTS.

UM, PERMITTING THE SITE WILL C CARRY OUT THE GENERAL PLAN.

WE HAVE LISTED A LOT OF THE POLICIES THAT RELATE TO REDUCING OUR RELIANCE ON, UH, FOSSIL FUELS.

AND BY PROVIDING THAT STORAGE OPPORTUNITY TO USE THOSE SOLAR AND WIND RESOURCES COULD HAVE DIRECT CONNECTION TO THAT.

UH, WE DID GO OVER, IT'S NOT SPECIFICALLY PERMITTED AND UH, THE USE IS SIMILAR IN SCALE, INTENSITY OF USE AND ENVIRONMENTAL IMPACTS AS USES PERMITTED IN THE ZONE.

SO IT WOULD REQUIRE THAT CUP SIMILAR TO AN ELECTRICAL DISTRIBUTION U UH, SUBSTATION, WHICH IS ALSO GONNA BE REQUIRED AS PART OF ANY OF THESE USES.

AND SO WITH THAT, WE ARE GONNA FOCUS ON, UM, TODAY'S AFFIRMATION IS THAT AT THIS SITE IN THE NEO INDUSTRIAL ONE ZONE, TO RECOMMEND THAT A CUP WOULD BE REQUIRED IF ANY BEST FACILITY WAS PROPOSED AT THIS SITE.

AND THAT WOULD BE THE USE CATEGORY AND, UH, THE LINE ITEM FOR THAT IN THE TITLE 22 STANDARDS.

AND TO ENUMERATE THAT AND TO USE, UH, FOR FUTURE APPLICATIONS.

SO WE DON'T NECESSARILY HAVE TO COME BACK TO THIS COMMISSION TO REAFFIRM THIS.

WE HAVE PROPOSED A POLICY THAT SUMMARIZES WHAT WE'VE TALKED ABOUT TODAY, THAT, UM, BEES SHALL BE USED IN A ZONING DISTRICT IN THE MANNER SIMILAR TO WHEREVER AN ELECTRICAL DISTRIBUTION SUBSTATION USE IS ALLOWED.

SO IF IT SAYS NO IN A, IN A SPECIFIC PLAN, THAT MEANS NO FOR A BES FOR THIS APPLICATION.

AND THEN YOU WOULD HAVE TO FOLLOW THOSE SPECIAL CONDITIONS I HAD ON THAT SLIDE FROM 2152 TO MAKE SURE IT'S COMPATIBLE WITH HOW WE WOULD TREAT A SUBSTATION.

UH, FURTHERMORE NOTICING WOULD HAVE TO BE COMPLIANT WITH ALL THE OTHER REGULATORY STANDARDS IN OUR ZONE, SO THERE'S NO BYPASSING NOTICING.

AND THEN THE FOURTH ITEM THAT IS, IF A BEST CHOOSES TO USE THE OPT-IN CERTIFICATION PROGRAM, WE HAVE TO PROVIDE THE, WE HAVE TO BE PROVIDED THAT DOCUMENTATION FOR OUR RECORDS SO THAT WE DON'T END UP ISSUING A NOTICE OF VIOLATION FOR SOMEBODY THAT'S INSTALLED THE BEST AND WE'RE NOT AWARE OF IT.

UM, AND SAY YOU NEED A CUP AND THEY'RE LIKE, OH, WE HAVE AN OPT-IN APPROVAL.

WE WANNA MAKE SURE THAT WE'RE COMMUNICATING WITH APPLICANTS VERY CLEARLY.

AND SO JUST AS I REITERATING, THERE IS NO PUBLIC NOTICING AS REQUIRED AS PART OF THIS.

AND, UH, NO PUBLIC COMMENT HAS BEEN RECEIVED ON THIS ITEM TO DATE.

SO WITH THAT, UM, THE ZONING ADMINISTRATOR'S CLASSIFICATION OF USE RECOMMENDATION IS THAT BEES IS INCLUDING THE ONE, UM, INTERESTED AT THIS SITE IN THE NEO INDUSTRIAL ONE WOULD HAVE TO ALIGN WITH HOWEVER ELECTRICAL DISTRIBUTION SUBSTATIONS ARE CATEGORIZED IN THE ZONING REGULATIONS, AS WELL AS, UM, DOING THAT FOR A CITYWIDE POLICY.

AND THAT CONCLUDES MY PRESENTATION.

UH, WE DO HAVE THE INDIVIDUALS THAT ARE, UM, THE NAMED APPLICANTS, BUT SINCE THERE'S NO PROJECT, THEY'RE AVAILABLE FOR ANY QUESTIONS YOU MAY HAVE ON THE BEST TECHNOLOGY AND OPERATIONS.

BUT I JUST WANNA MAKE SURE WE'RE WE'RE STILL ON THE SAME PAGE THAT THERE'S NO PROJECT BEFORE YOU FOR QUESTIONS.

[01:55:01]

UM, VERY WELL PUT ACTUALLY, I, I'VE BEEN, I'M REALLY GLAD TO SEE THIS BECAUSE, UM, I'VE BEEN SEEING ALL THE THINGS THE STATE WANTS TO DO AND I LIKE BEING IN A CITY THAT GETS AHEAD OF THEIR VERY BROAD BRUSH, UM, APPLICATIONS, .

BUT UM, AND THIS IS ONLY AS IT REGARDS FOR SALE.

SO IT IS ACTUALLY A, A BUSINESS APPLICATION, NOT A PERSONAL, YEAH, SO THESE ARE LARGE, UM, BATTERY FACILITIES THAT ARE UNDER THE JURISDICTION OF THE CITY.

UH, THE PUC AND THE CEC.

SO, WELL, COMMISSIONER TEMPLIN, YOU COULD TELL THE AUDIENCE BETTER THAN ME, BUT THERE ARE ALSO, UM, TECHNOLOGY HAS COME A LONG WAY AND PEOPLE INSTALL BATTERY SYSTEMS IN THEIR HOMES, UM, SOMETIMES AS A WAY TO CAPTURE SOLAR ON THE ROOFTOP.

BUT OTHER, UH, IN OTHER CIRCUMSTANCES IT MIGHT BE SO THAT THEY HAVE A POWER SOURCE AND AN EMERGENCY OR MAYBE THERE'S AN ELDERLY RESIDENT WITH THE OXYGEN TANK THAT NEEDS TO ALWAYS WORK THERE.

THERE COULD BE A NUMBER OF REASONS FOR A, A BATTERY SYSTEM.

THOSE ARE A DIFFERENT THING THAT'S AN ACCESSORY TO THE HOME.

UM, AND, AND THOSE ARE GREAT, BUT THOSE NEED TO BE INSTALLED PROPERLY.

SO PEOPLE NEED TO PLEASE, UH, USE LICENSED ELECTRICIANS AND BE THINK THOUGHTFUL ABOUT WHERE IT GOES AND PUT IT OUTSIDE AND NOT INSIDE.

SO THERE'S A WHOLE PROCESS, UH, FOR THAT.

BUT THAT'S NOT WHAT WE'RE TALKING ABOUT TONIGHT.

WE'RE TALKING ABOUT INDUSTRIAL SIZE, UM, FACILITIES THAT SUCK UP.

CALIFORNIA PRODUCES TONS OF EXTRA POWER DURING THE DAY BECAUSE OF SOLAR PANELS AND BECAUSE WE'RE NOT USING ELECTRICITY DURING THE DAY.

AND THEN AFTER THE SUN GOES DOWN, UM, IN THE EARLY EVENING WE USE TONS OF ELECTRICITY 'CAUSE WE'RE AT HOME AND WE'RE COOKING OUR FOOD AND WE'RE DOING OUR LAUNDRY AND WE'RE CHARGING OUR CARS AND WE'RE DOING ALL THE THINGS.

UM, SO BEING ABLE TO EVEN OUT, UM, THAT FLOW, UM, WITH ALL OF THE SOLAR POWER CREATED DURING, UH, THE DAY THAT'S THEN NEEDED.

UH, AND THE NIGHT IS WHY THESE LARGE SCALE, UM, BATTERY FACILITIES ARE REALLY IMPORTANT.

UM, WE HAVE SOME ALREADY, BUT THIS'LL GIVE US A MUCH CLEARER PROCESS FOR HOW WE WE, UM, PROCESS THEM IN THE FUTURE.

IT'S ALSO, WE'VE HAD LITTLE COMMUNITY TALK.

UM, IT'S ALSO NICE TO KNOW THAT 'CAUSE NOT ALL OF US CAN AFFORD TO BUY THE PATRIOT ELECTRIC GENERATOR, YOU KNOW, BECAUSE IT'S THE TIMES OF BEING WHAT THEY ARE TO MAKE SURE YOU HAVE ELECTRICAL POWER, LIKE YOU SAID FOR YOUR CPAP AND YOUR OXYGEN MACHINES, ALL THIS OTHER STUFF.

BUT, UM, SO KNOWING THAT YOUR COMMUNITY IS SORT OF BEING TAKEN CARE OF TOO IS VERY EXCITING.

SO, UM, I'M REALLY GLAD TO SEE THIS ON THE, UH, AGENDA.

ELECTRICAL DISTRIBUTION, E EQUIPMENT AND BATTERIES.

ANY OTHER QUESTIONS? QUESTION AWARE? UM, I THINK WE'RE GONNA BE BEST EXPERTS.

I'VE BEEN READING THIS FOR DAYS NOW, SO I, I I UNDERSTAND.

UM, I GUESS THE QUESTION IS, WE'RE USING THE POLICY TO APPLY TO SOMETHING THAT'S SIMILAR.

DO, IT'S JUST A GENERAL QUESTION.

DO WE SEE MORE BECAUSE IT SEEMS LIKE WE NEED MORE OF THESE FACILITIES AS WE ARE SHIFTING TO MORE RENEWABLE SOURCES OF ENERGY.

UM, SO WILL THIS, DO WE HAVE A TIMELINE OF LIKE WHEN THIS MAY ACTUALLY JUST BE, BECOME A COAL CHANGE? WE, I MEAN, OH, YOU GO, WE WOULD LIKE TO FIX ALL THE THINGS IN THE CODE THAT WE NEED TO FIX IN THE CODE.

WE ABSOLUTELY DO NOT HAVE THE RESOURCES TO DO THAT.

UM, WITHIN ALLISON'S TEAM, THERE IS NO DEDICATED PERSON THAT JUST DOES CODE AMENDMENTS STAFFED AS CODE AMENDMENTS AS PART OF THEIR NORMAL DUTIES AND ALL THE OTHER THINGS THAT, UM, THEY NEED TO DO.

SO THAT IS SOMETHING THAT WE'VE WANTED, UM, TO CREATE A, A FULL-TIME CODE STUDIES PERSON.

BUT IN THE CURRENT ECONOMY AND, AND FINANCIAL CONDITION OF THE CITY, THAT'S NOT HAPPENING ANY TIME IN THE NEXT 12 MONTHS.

SO I CAN'T WITH A STRAIGHT FACE TELL YOU WHEN WE'RE GONNA FIX THIS OTHER THAN TO SAY THE REASON WE'RE GOING THROUGH THIS PROCESS IS WE NEED TO BE ABLE TO, TO WORK WITH THESE FACILITIES NOW.

UM, I HOPE THAT 2028 WILL BE THE YEAR THAT WE GET ALL THE RESOURCES AND KIND OF CATCH BACK UP ON, ON SOME OF THE CODE CHANGES WE NEED TO DO.

BUT I DO THINK THERE WAS A BIG CODE CHANGE ABOUT, UM, HOUSING THAT CAME TO YOU A FEW MONTHS AGO.

GETTING THAT DONE WAS A BIG ACCOMPLISHMENT.

I DON'T, IT, IT'S GONNA BE A GOOD AMOUNT OF TIME BEFORE THE NEXT ONE COMES TO YOU.

QUESTION.

I, I DO HAVE A SIMILAR CONCERN, UH, ABOUT THAT.

AND I THINK THAT THERE ARE SEVERAL THINGS THAT ARE, THERE ARE SEVERAL SIGNIFICANT THINGS THAT ARE DIFFERENT THAN BETWEEN TRADITIONAL

[02:00:01]

UM, AND THE, UH, I, I THINK ABOUT THE, UH, A ES BATTERY PROJECT THAT WENT THROUGH AND THERE WERE SIGNIFICANT CONCERNS ABOUT, ESPECIALLY AROUND FIRE AND, UH, UH, YOU KNOW, AIR QUALITY IMPACTS IN CASE OF A DISASTER AND STUFF LIKE THAT.

AND I THINK THAT WOULD BE SOMETHING THAT WOULD COME UP HERE.

UM, AND SO, UM, I I, I DO, I DO APPRECIATE THE FRANK HANSER OF, WE ALL UNDERSTAND THE LEVEL OF RESOURCES THAT YOU HAVE HERE.

UM, AND I ALSO DO APPRECIATE THE, THE UNDERSTANDING THAT THIS IS SOMETHING THAT I THINK WE DO EVENTUALLY NEED TO FIGURE OUT TO DEAL WITH.

UM, BUT IN TERMS OF HOW WE ARE GONNA ADDRESS PROJECT SPECIFIC CONCERNS, THINGS LIKE THE, THE FIRE SAFETY, UM, YOU KNOW, OTHER, OTHER ENVIRONMENTAL CONCERNS, CAN YOU, CAN YOU DESCRIBE HOW THAT MIGHT WORK? YEAH, SO THE INDIVIDUAL CASES WILL NEED A COP.

SO THEY'LL GO THROUGH AN INDIVIDUAL, UM, PROCESS THAT MARYANNE'S GONNA TELL YOU ABOUT.

UH, I THINK THEY'RE ABOUT 500 FOOT NOTICING.

SO THERE WOULD BE COMMUNITY INPUT WITH ANY OF THESE PROJECTS.

YOU WOULD HAVE THE CQA PROCESS.

SO THAT WILL DEAL WITH SOME OF THE NOISE IMPACTS YOU PROBABLY READ ABOUT WITH BEES, WITH CONCERNS FOR PROXIMITY TO RESIDENTIAL AS WELL AS CERTAIN RISKS FOR HAZARDS.

UH, ALL OF THOSE ARE COVERED IN, UH, WHEN YOU LOOK AT THOSE KIND OF PROJECTS.

AND, UM, I DO KNOW THE APPLICANTS THAT ARE HERE ARE VERY FAMILIAR WITH PROCESSES THESE, IN THESE ITEMS IN OTHER JURISDICTIONS.

BUT WHAT WE'LL LOOK AT ARE THOSE FINDINGS THAT WERE INCLUDED ON THE SCREEN, IS IT A COMPATIBLE AREA? IS IT APPROPRIATE USE? UM, WOULD IT MEET ALL OF OUR NOISE ORDINANCE? SO IS THE COOLING FANS TO COOL THE, UM, BATTERIES, IS THAT GONNA BE TOO NA TOO LO LOUD WHERE IT'S NOT GONNA MEET OUR NOISE ORDINANCE? ALL THOSE THINGS AT A PARTICULAR LEVEL WILL BE LOOKED AT, INCLUDING THOSE RELATED TO HAZARDS.

UM, AND I DO THINK, AND I'VE KNOWN, LEARNED A LOT FROM THE APPLICANTS RELATED TO THIS TECHNOLOGY AND A LOT OF THE TIMES, UM, AND IF YOU READ, READ SOME OF THE ARTICLES, THE TECHNOLOGY WE APPROVE TODAY, BY THE TIME IT'S PERMITTED, IT'S GOTTEN ENHANCED EVEN AS THAT GOES.

SO WHEN YOU LOOK IN THE INDUSTRY, YOU'RE SEEING A LOT OF JURISDICTIONS APPROVING THINGS IN THE TECHNOLOGY REFINES ITSELF BY THE TIME YOU GET TO PERMIT PERMITTING AND OPERATION.

SO IT'S REALLY AN INTERESTING AND DYNAMIC, UM, ITEM.

AND I THINK, UH, IF YOU WANTED TO INTRO INVITE THE APPLICANT OVER TO TALK ABOUT SOME OF THOSE CONCERNS RELATED TO THE INDUSTRY AS A WHOLE, UM, I'M SURE THEY CAN TALK ABOUT HOW THEY'VE ADDRESSED THAT IN OTHER JURISDICTIONS.

YEAH, AND WHILE THEY COME UP, I WANT TO TALK ABOUT THE, THE FIRE DEPARTMENT PIECE.

SO WITH THESE FACILITIES, WE DO A LOT OF, UH, WORK, UM, WITH OUR FIRE DEPARTMENT, NOT JUST ON THE FIRE PREVENTION SIDE, BUT ON THE RESPONSE THE OPERATIONS SIDE.

UM, SO THERE WERE A LOT OF CONCERNS ABOUT A ES, BUT I DO WANNA APPLAUD THAT COMPANY.

THEY WORKED WITH US NOT JUST DURING THE DESIGN, BUT FIRE PERSONNEL ARE OUT THERE, UM, FROM TIME TO TIME TRAINING, UNDERSTANDING THE FACILITY, WORKING WITH THEIR EMERGENCY STAFF TO UNDERSTAND IF ANYTHING EVER DID HAPPEN, SORT OF WHAT WOULD THE RESPONSE BE LIKE, THESE FACILITIES DO HAVE UNIQUE RISK, UM, BUT THOSE, THOSE RISK, UM, CAN BE HANDLED.

THERE IS A PROCEDURE FOR, FOR, UM, IF THERE'S ANY KIND OF, UH, MELTDOWN OR, OR ISOLATED FIRE.

UM, AND, AND WE HAVE HAD A CHANCE TO TEST THOSE PROCEDURES.

WE HAVEN'T HAD AN INCIDENT AT A, UM, BEST, BUT WE DID HAVE AN INCIDENT, UH, JUST A COUPLE MONTHS AGO AT LONG BEACH TRANSIT, UM, WHERE A, UM, BUS BATTERY AND CHARGING EQUIPMENT OVERHEATED AND LONG BEACH FIRE RESPONDED AND FOLLOWED THE PROCEDURE.

AND IT'S DIFFERENT THAN ANY OTHER FIRE, IT DON'T USE FOAM.

UM, YOU BASICALLY ISOLATE THE, THE CELL, YOU LET IT FALL TO A CERTAIN TEMPERATURE TO WHICH IT'S, UH, SAFE TO TOUCH IT WITH EQUIPMENT AND THEN YOU SUBMERGE IT IN WATER.

SO I DON'T, YOU KNOW, OR SO I'VE BEEN TOLD I'M NOT A FIREFIGHTER, BUT, UM, THERE IS A PROCEDURE, WE'VE HAD A CHANCE TO TEST THE PROCEDURE.

UM, WE'RE NEVER GONNA SIGN OFF ON SOMETHING THAT ISN'T SAFE.

NOTHING IS A HUNDRED PERCENT SAFE.

THERE ARE RISK.

AND, AND WE'RE WORKING WITH THE FIRE DEPARTMENT TO MANAGE THOSE RISK, UM, AS BEST WE CAN.

AND THEN WHAT KINDS OF, UM, IS IS THERE GONNA BE LIKE A, A FRAMEWORK

[02:05:01]

THAT YOU'RE GONNA BE ABLE TO PROVIDE TO APPLICANTS? UH, IT COULD BE IN TERMS OF WHAT YOU'RE TALKING ABOUT, IN TERMS OF HOW THE CITY IS GONNA BE ASKING FOR INFORMATION AROUND EMERGENCY MANAGEMENT, AROUND, YOU KNOW, FIRE RESPONSE, THINGS LIKE THAT.

UH, YEAH, SO THERE'S OUR FRAMEWORK, BUT THERE'S ALSO THE GUIDANCE WE GET FROM THE STATE AND FROM AN INDUSTRY GROUP CALLED THE NATIONAL FIRE PREVENTION COUNCIL.

UM, AND, UH, WE TAKE ALL OF THAT INTO ACCOUNT AND, AND WORK WITH THE APPLICANTS.

WE DO HAVE, I THINK, TWO APPLICATIONS IN NORTH LONG BEACH AND ONE IN WEST LONG BEACH RIGHT NOW.

AND, UM, THEY'RE ALL, YOU KNOW, BEING EVALUATED SIMILARLY.

AND WE BRING THE FIRE DEPARTMENT IN, SO IT'S NOT MARIANNE OR ALLISON OR I PRETENDING TO BE FIREFIGHTERS.

WE BRING IN THE EXPERTS, UM, SO THAT WE CAN DO THAT, THAT REVIEW, UM, CORRECTLY, UM, IF IT'S OUR REVIEW.

SO THERE'S A DIFFERENT ONE IN WEST LONG BEACH THAT BELONGS TO, UH, THE POWER PROVIDER.

SO THAT WAS REVIEWED BY, UM, CALIFORNIA ENERGY COMMISSION.

UM, BUT THEY STILL CAME TO US SO THAT, UH, WE COULD BE IN ALIGNMENT AND UNDERSTAND THE FACILITY AND HOW WE WOULD RESPOND.

UM, SO THAT FIRE OPERATIONS, UM, HAS THAT INFORMATION.

AND CHRISTOPHER MENTIONED THIS IS A UNIQUE TYPE OF FIRE AND TYPE OF RESPONSE.

UM, ONE THING I JUST WANTED TO NOTE IS THAT IT'S ACTUALLY SAFER OUTDOORS THAN CONTAINED WITHIN A STRUCTURE.

SO, UM, UH, THAT'S, THAT'S PART OF THE CONSIDERATION FOR, AS YOU SAW THIS SPECIFIC, UM, PROPOSALS RELATED TO OUTDOOR USE.

AND, AND JUST TO BE, JUST SO I UNDERSTAND, WHAT IS THE DIFFERENCE BETWEEN WHAT YOU'RE TALKING ABOUT IN TERMS OF A FRAMEWORK OR, OR, OR GUIDELINES AND, AND, AND CHANGES TO THE MUNICIPAL CODE? THIS IS ESSENTIALLY AN, UH, A SECTION OF THE CODE THAT GIVES US THE ABILITY FOR THAT CLASSIFICATION.

UM, WHEN THERE'S, UM, BASICALLY AN APP.

THERE'S APPLICATIONS BEING REQUESTED, BUT THERE'S NO CLARITY ON WHAT THE PROCESS SHOULD BE FOR HOW WE WOULD PROCESS THAT REQUEST.

THE LAST ONE, UM, THAT STAFF RECALLS, UH, PROCESSING WAS FOR, UM, OUTDOOR DOG DAYCARE.

SO THAT WAS IN 2015.

UM, AND WHEN YOU HAVE THE APPLICATION BEFORE YOU, YOU CAN'T SAY, WELL, WE'RE GONNA TRY IN A FEW YEARS TO CHANGE THE CODE AND GO THROUGH THIS WHOLE PROCESS.

RIGHT.

SO THAT'S A CLEAR SECTION OF TITLE 21 AS TO WHAT WE DO IN THAT CASE, WHICH IS THIS CLASSIFICATION OF USE.

AND IT RELIES ON A FIRST ANALYSIS BY THE ZONING ADMINISTRATOR TO LOOK AT WHAT OTHER USES ARE MOST SIMILAR TO WHAT'S BEING DESCRIBED HERE.

OTHER ONES WHERE THIS HAS COME UP AS, FOR EXAMPLE, UM, AX THROWING OR LIKE OTHER THINGS THAT HAVE EMERGED OVER TIME THAT MAYBE WEREN'T IN THE CODE IN, SAY, THE 1980S.

RIGHT.

UM, SO WE KNOW THAT NEW AND EMERGING LAND USES CAN ALWAYS EVOLVE AND THAT, UM, IF, IF SOMEONE IS COMING FORWARD WITH A CLEAR APPLICATION, WE NEED TO HAVE SOME KIND OF PROCESS.

UM, AND SO THAT'S WHY MARIANNE REALLY LAID OUT, YOU KNOW, HER, HER SORT OF STEP BY STEP THINKING OF WHAT IS THE CLOSEST, SIMILAR THING THAT WE CAN COMPARE THIS TO IN TERMS OF WHAT PROCESS WE SHOULD USE.

AND THAT'S WHERE THAT RECOMMENDATION OF THE CONDITIONAL USE PERMIT PROCESS.

SO WE'RE NOT GONNA SAY NO IN EVERY SINGLE ZONE, BUT WE'RE GONNA SAY, UM, CONDITIONAL USE PERMIT IN SOME ZONES THAT WILL ALLOW THIS SORT OF CONTEXT SPECIFIC ANALYSIS AND THEN PUBLIC DISCLOSURE PROCESS, UM, THAT, THAT THE PUBLIC HEARING DOES PROVIDE HERE.

UM, AND THEN WHEN WE DO GET TO DO OUR NEXT, UH, ZONING CODE UPDATE, PARTICULARLY FOR THE INDUSTRIAL ZONES, WOULD BE ABLE TO INCORPORATE THIS, UM, INTO THE ACTUAL CODE.

AND THERE, THERE IS A MEMO IN THE ATTACHMENTS, SO IF YOU'D LIKE TO ADD SOME DETAIL ON SOME OF THOSE METRICS.

THE PLANNERS, WHEN THEY DON'T HAVE THINGS IN FRONT OF 'EM, THEY STILL ASK MORE QUESTION THAT'S IN THE CODE FOR SAFETY AND THE THINGS YOU'VE CONCERNED.

BUT IF YOU WOULD LIKE TO SPECIFY A COUPLE BULLETS TO GO UNDER THOSE THINGS, YOU CAN ADD THEM AS PART OF THIS AFFIRMATION OF THE, IF YOU THINK THAT'S APPROPRIATE.

GREAT.

AND WE DO HAVE THE APPLICANT HERE IN CASE YOU CAN TALK A LITTLE BIT ABOUT SAFETY PROVISIONS BEFORE THEY, THEY COME UP.

I HAVE ONE, ONE QUESTION.

UM, UH, IN REGARDS TO THE USE, THE CURRENT USE AND OR ANY FACILITIES CURRENTLY IN THE CITY THAT EITHER PROPOSED OR HAPPENED? UM, I THINK IN PAGE THREE OF THE, UM, BRIEF, UH, THERE WAS REFERENCE TO, UH, CS ARE REQUIRED FOR, UM, MULTI-FAMILY RESIDENTIAL, SO OUR THREE TO R FOUR, DO WE CURRENTLY HAVE ANY FACILITIES IN ANY OF THOSE ZONINGS, CURRENTLY SUBSTATIONS, UM, OR, OR SIMILAR, SIMILAR TYPE OF OPERATION? NOT BEES.

BECAUSE THAT'S WHY WE'RE, WE'RE, WE'RE HERE TODAY, BUT, BUT SUBSTATIONS, YES.

UH, SCE, THEY WERE PROBABLY PRE, TO BE HONEST, THEY PROBABLY PREDATE THE BUILDINGS AROUND THEM.

UH, BUT WE DO ACTUALLY HAVE SOME SUB SCE SUBSTATIONS THAT ARE RIGHT NEXT TO RESIDENTIAL.

OH.

BUT, BUT NOT, NOT ACTUALLY ON RESIDENTIAL.

EXPAND OR SCE WANTS TO PUT NEW ONES.

THEY ARE IN RESIDENTIAL ZONES, WHICH IS PROBABLY WHY THEY HAVE THOSE SPECIAL CONDITIONS BECAUSE THOSE, UM, IF THEY HAVE TO

[02:10:01]

BUT WE DO HAVE SOME SUBSTATIONS THAT ARE DIRECTLY NEXT TO THE CU CUSTOMERS THEY SERVE.

ALRIGHT.

THERE'S BELMONT SUBSTATION TO BE ONE THAT I'M VERY FAMILIAR WITH THAT'S IN A RESIDENTIAL ZONE.

IF THE APPLICANT WOULD LIKE TO COME FORWARD AND, UH, PRESENT OR SPEAK AND CERTAINLY ADDRESS A LOT OF THE INQUIRING QUESTIONS.

, OF COURSE, VIOLET FLOCKS ON BEHALF OF THE APPLICANT.

UM, ALSO, I KNOW WE HAD THE ETHICS PRESENTATION AND I DIDN'T DO THE OATH, BUT I AM VERY MUCH WILLING TO PROMISE THAT I AM TELLING THE TRUTH RIGHT NOW.

UM, SOMETHING ELSE THAT'S REALLY INTERESTING, AS THE STATE HAS BEEN PUSHING FOR THESE TYPES OF PROJECTS IN THE RENEWABLE ENERGY SPACE, SB 2 83 WAS APPROVED LAST YEAR AND CAME INTO EFFECT ON JANUARY 1ST.

THAT REQUIRES ANY BEST PROJECTS OVER 10 MEGAWATTS, WHICH IS VERY SMALL TO GO TO THE FIRE DEPARTMENT BEFORE SUBMITTING THE APPLICATION, AT LEAST 30 DAYS TO TALK ABOUT THE DESIGN AND SAFETY.

SO THERE'S A LOT OF FOCUS ON THIS AND THERE'S ACTUAL REAL REQUIREMENTS BEFORE A CUP APPLICATION'S EVEN SUBMITTED.

AND THEN I THINK WE'VE ALSO GOT, I MEAN, YOU, YOU LEARN A LOT.

TECHNOLOGY'S CHANGING A LOT.

I KNOW, UM, WORKING WITH THE APPLICANT, THEY'VE WORKED WITH THE FIRE DEPARTMENTS AND THEIR JURISDICTIONS TO ACTUALLY DESIGN THE BATTERIES AT THE MANUFACTURING LEVEL TO MEET DIFFERENT FIRE DEPARTMENT STANDARDS.

WHEN IT COMES TO SAFETY, THERE'S A LOT OF ONSITE MONITORING, WATCHING EVERY LEVEL OF THE GAS AND THE TEMPERATURE OF THE BATTERIES.

UM, THERE'S, THERE'S NUMEROUS THINGS THAT I THINK MAYBE THE APPLICANT TEAM, UH, WOULD HAVE A LOT MORE SPECIFIC TECHNOLOGY QUESTIONS OR ANSWERS IF YOU GUYS HAVE THEM.

YEAH, THAT WOULD BE HELPFUL.

AND IN PARTICULAR, I KNOW, UM, I'D BE CURIOUS TO FIND OUT HOW THIS PARTICULAR APPLICATION, ALTHOUGH WE ARE NOT APPROVING A SPECIFIC SITE, UM, HOW THAT WOULD INTERPLAY WITH JUST SUPPORTING THE, THE, THE, THE MARKET I WOULD SAY, OR THE, THE AREA, UM, AND HOW THE FUTURE SITES WOULD POTENTIALLY DO THE SAME THING.

GOOD EVENING, UH, MR. CHAIR AND COMMISSIONERS.

MY NAME IS JESSICA MARY, I'M WITH ORMAT TECHNOLOGIES INC.

UM, I'M THE PERMITTING MANAGER, SO I DO WANT TO SAY, UH, PART OF OUR PROJECTS EVERY SINGLE ONE OF OUR PROJECTS.

WE DO WORK VERY CLOSELY WITH THE FIRE DEPARTMENTS, AND AS VIOLET HAS MENTIONED BEFORE, WE HAVE ALREADY MET WITH THE LONG BEACH FIRE DEPARTMENT.

I WANTED TO INTRODUCE THE PROJECT VERY EARLY ON AND MAKE SURE THAT WHILE WE ARE, UM, IN THE EARLY STAGES OF OUR SITE DESIGN, THAT WE TAKE ALL OF THEIR COMMENTS INTO CONSIDERATION ON THE FRONT END SO WE CAN ENSURE THAT, YOU KNOW, WE'RE WORKING WITH THE CITY.

WE'RE ALSO WORKING WITH THE LOCAL FIRE DEPARTMENT.

AND JUST TO BACKSTEP A BIT ON, OR MATT'S HISTORY AS WELL.

SO WE HAVE 20 OPERATIONAL SITES IN THE UNITED STATES.

UM, OUR OPERATIONAL PORTFOLIO IS 495 MEGAWATTS.

WE HAVE SEVERAL SITES LOCATED IN, UH, THE STATE OF CALIFORNIA, TEXAS, NEW JERSEY, UM, AND A COUPLE IN SOME OTHER SMALLER PLACES.

SO I'LL PAUSE THERE AND, AND WAIT, IF YOU HAVE ANY OTHER SPECIFIC QUESTIONS.

COULD YOU BE, UH, WOULD YOU BE ABLE TO SPEAK TO KIND OF THE, FOR LACK OF A BETTER TERM, THE EBB AND FLOW OF HOW THESE, THESE FACILITIES ESSENTIALLY SUPPORT THE, THE LOCAL GRID AND, AND OR THE, THE COMMUNITY MEMBERS? SURE.

AT THAT TIME, AT THAT PEAK DEMAND, WE'RE ABLE TO THEN DISCHARGE THE ENERGY BACK INTO THE GRID.

SO IT'S A VERY LONG AND PATIENT PROCESS.

ESSENTIALLY, THE PROCESS BEGINS MANY YEARS BEFORE IT GETS TO BRINGING A POTENTIAL PROJECT, UM, TO A LOCAL JURISDICTION FOR PERMITTING AND APPROVAL PROCESS.

SO HOW THAT WORKS IS THE UTILITY COMPANIES, UM, ESSENTIALLY WILL RAISE THEIR HAND AND SAY, WE HAVE A CONGESTION AT THIS GRID.

AND SO THEY IDENTIFY THE NEED THAT, UH, BATTERY ENERGY STORAGE SYSTEMS CAN, CAN, UH, UH, PROVIDE, UH, SO WITH THE CONGESTED GRID, WHEN THE PROJECT IS BUILT AND IT IS OPERATIONAL, SO THERE'S MANY PURPOSES THAT IT'S GOING TO PROVIDE, UH, FIRST AND FOREMOST THAT STORES THE EXCESS RENEWABLE ENERGY.

SO I THINK IT WAS PREVIOUSLY STATED, YOU HAVE RENEWABLE ENERGIES THAT ARE, UM, EXISTING ON THE GRID AS IS, UM, TAKE SOLAR AND WIND, FOR EXAMPLE.

AND SO A LOT OF TIMES WHEN THAT ENERGY IS GENERATED, IT'S LOST BECAUSE IT'S, THERE'S NO ABILITY TO STORE IT.

AND SO I, BATTERY ENERGY STORAGE FACILITIES, THEY'RE TRYING TO BRIDGE THAT GAP.

RIGHT NOW.

THERE IS A BIG PUSH TO INCREASE RENEWABLE ENERGIES.

UM, AND WE'RE JUST TRYING TO MAKE THAT WHOLE PROCESS, UH, EFFICIENT AS POSSIBLE.

SO AS THE RENEWABLE ENERGY, UM, IS ON THE GRID, UM, AND WHILE THE ELECTRICITY IS AT THE PEAK, IT'S STORED AT THE BATTERIES ON OUR FACILITY.

AND THEN WHEN EVERYONE IS AT HOME, UM, THEY'RE COMING BACK FROM WORK, THEY'RE OPERATING ALL OF THEIR DISHWASHERS, THEY'RE USING THE STOVE, THE KIDS ARE ON THE TABLETS, PARENTS ARE WATCHING TV, WHATEVER THAT CASE MAY BE.

[02:15:01]

AND THIS SPECIFIC PROJECT, UM, IS WITH SCS UTILITY AT THE LIGHT HYPE SUBSTATION THAT'S ABOUT A HALF MILE TO THE THE WEST.

SO, BUT IN GENERAL, THAT WOULD JUST BE BACK INTO A UTILITY SUBSTATION.

SO ESSENTIALLY YOUR, YOUR PRIMARY CUSTOMER FOR THE LACK OF A BETTER TERM, IS UTILITY.

UM, AND MOST OF THE TIME, AT LEAST FROM IT SOUNDS LIKE YOU'RE, YOU'RE NOT NECESSARILY DOING THE SITE SELECTION.

IT'S BEING DONE ON, THEY'RE CALLING FOR HELP AND YOU'RE COMING TO SUPPORT THAT, THAT, UH, THAT NEED.

SO YOUR FIRM IS NOT NECESSARILY OUT LOOKING FOR PLACES TO SET, THEY'RE IDENTIFYING IT FOR YOU AND BRINGING YOU IN.

YOU'RE WELCOME.

ONE OF THE, UH, WELL FIRST OF ALL, UH, I REALLY AM VERY INTERESTED IN THIS TYPE OF THING.

I, THIS IS ACTUALLY KIND OF WHAT I DO LIKE PROFESSIONALLY OUTSIDE OF THIS WHOLE THING, UH, WHICH IS PROBABLY WHY I'M GETTING SO DEEP INTO ALL OF THE QUESTIONS HERE, .

UH, SO I'M SORRY ABOUT THAT.

UH, BUT THE, UH, ONE OF THE THINGS THAT WE TALKED ABOUT HERE WAS THE ALTERNATIVE CEC PATHWAY.

UH, I GUESS FIRST QUESTION IS, ARE YOU PLANNING ON PURSUING THAT OR GOING THROUGH THE WHATEVER CITY, UH, ESTABLISHED PROCESS THAT, UH, THE CITY OF LONG BEACH PUTS TOGETHER? GOOD QUESTION.

UM, I THINK IN ANY GENERAL CASE, WE TEND TO WANT TO WORK WITH THE, THE LOCAL JURISDICTIONS.

UM, AND AGAIN, FOR THE MOTION TODAY, IT IS ALLOWING THE CITY TO HAVE THAT DISCRETIONARY APPROVAL PROCESS.

AND SO IT PUTS THE, THE CITY ON THE FOREFRONT.

THEY CAN LOOK AT THE PROJECT, SPECIFIC PROJECT TO PROJECT, UM, YOU GUYS ARE ALLOWED TO OFFER ANY CONDITIONS OF APPROVAL AND SET ANY OTHER ADDITIONAL, UH, REQUIREMENTS THAT YOU MIGHT HAVE FOR THIS SPECIFIC PROJECT.

UM, THAT KIND OF ANSWERS THE SECOND QUESTION, WHICH WOULD BE WHAT YOU WERE GONNA TELL US ABOUT IT.

BUT, UH, NO, THAT'S VERY, IT'S, IT'S GREAT TO HEAR.

UM, SO, UH, THAT, THAT'S THE, THAT'S THE QUESTION I HAD.

DON'T GO AWAY, PLEASE.

UM, TONIGHT WE'RE JUST DISCUSSING BATTERY, MOSTLY LITHIUM ION, UH, ENERGY STORAGE.

BUT I KNOW YOU'RE, THERE ARE OTHER BATTERIES BEING DEVELOPED AND STILL EXPERIMENTAL IN MOST CASES, BUT, UH, DIFFERENT SYSTEMS AND DIFFERENT TYPES OF ENERGY STORAGE.

SO ARE YOU ALSO LOOKING AT INCORPORATING THOSE, ESPECIALLY IN LARGER, UM, SUBSTATION TYPE SITUATIONS? I KNOW THEY TAKE A LITTLE MORE ROOM THAN BATTERIES DO SOME OF THEM, BUT, UM, IS THAT ALSO PART OF WHAT YOU'RE WORKING ON IN YOUR, YOUR ORGANIZATION? SO, UH, ORMET, OUR FOUNDATION IS WITH, UH, GEOTHERMAL RENEWABLE ENERGIES.

UM, AND MORE RECENTLY WE HAVE BRANCHED OUT INTO ENERGY STORAGE.

UM, AND IN OUR PORTFOLIO WE'VE GOT OUR STORAGE, UH, STANDALONE SITES, BUT WE ALSO HAVE A MIX OF STORAGE AND SOLAR.

UM, CURRENTLY ALL OF OUR SITES USE THE LITHIUM ION BATTERIES, SO IT'S SOMETHING THAT WE'RE FAMILIAR WITH.

UM, BUT EVEN WITH THE TECHNOLOGY AS IT ADVANCES, UM, ORMAT AS A, UH, ENGINEER FOUNDED COMPANY, UM, I THINK THEY'RE ALWAYS LOOKING AT, UH, NEW AND EXCITING IDEAS.

SO I WOULDN'T PUT IT OUTSIDE THE REALM, BUT I, I WANTED JUST SAY THAT ALL OF OUR OPERATIONAL PROJECTS ARE USING LITHIUM ION BATTERIES.

YOU'RE WELCOME.

ANY ADDITIONAL QUESTIONS OF THE APPLICANT SEEING IT? THANK YOU VERY MUCH.

THERE ARE NONE, COMMISSIONERS.

ANY MEMBERS OF THE PUBLIC WISHING TO SPEAK ON THIS ITEM? SEEING NONE.

ANY VIRTUAL COMMENTS? IF YOU'RE JOINING US VIRTUALLY, WE WOULD LIKE TO PROVIDE PUBLIC COMMENT ON THIS ITEM.

PLEASE USE THE RAISE HAND FUNCTION AT THIS TIME.

ANY FURTHER DISCUSSION? QUESTIONS, COMMENTS? SEE NONE.

NO, I, SORRY.

YOU KNOW, I GOT MORE STUFF.

UM, SO, UH, UH, MARYANNE, YOU, YOU HAD MENTIONED THE ABILITY TO ADD IN SOME LANGUAGE AROUND ON THE MEMO.

UH, CAN I PROPOSE SOME, SOME TOPICS TO ADD TO THAT? MM-HMM .

UM, SO THE FIRST, THERE'S THREE THINGS I THINK I'D LIKE TO, TO SEE, UM, THAT THE FIRST BEING, UM, BE BEST, BESS SPECIFIC CUP SUBMITTAL REQUIREMENTS AND HAVING THAT DEAL WITH THINGS LIKE PROJECT SPECIFIC RISKS, UH,

[02:20:01]

BATTERY CHEMI, CHEMISTRY CAPACITY, THINGS LIKE THAT.

I MEAN, I THINK THESE ARE THINGS YOU'RE GONNA ALREADY BE ASKING, BUT I, YOU KNOW, WANTING TO BE, SO THIS IS THE, THIS IS THE CONCERN THAT I HAVE AND, AND IT'S THAT WE ARE NOT BATTERY ENERGY STORAGE EXPERTS.

AND SO I THINK IT'S VERY SIMILAR TO THE LIQUOR LICENSE, UH, UH, ISSUE THAT WE CAME BACK AND WE'RE DEALING, WE'RE TALKING ABOUT EARLIER THIS EVENING WHERE YOU PRESENT TO US SOME INFORMATION AND WE HAVE TO MAKE A DECISION ON WHETHER OR NOT THAT'S ADEQUATE.

UM, BUT I WANNA MAKE SURE THAT THERE'S A, THERE'S A, UM, UH, A FRAMEWORK SO THAT WE CAN AT LEAST HAVE AN UNDERSTANDING OF THE TYPES OF THINGS THAT WE SHOULD EXPECT TO SEE.

UM, AND SO, LIKE I WAS SAYING, YOU KNOW, TALKING ABOUT THE, THE, UH, BATTERY CHEMISTRY, THE RISKS, UH, FIRE CONTROLS, UH, EMERGENCY RESPONSE PROCEDURES, DECOMMISSIONING, THINGS LIKE THAT.

UM, THE SECOND ONE BEING RELATIONSHIP TO ELECTRICAL DISTRIBUTION SUBSTATION STANDARDS.

AND THE GOAL HERE IS TO PREVENT OR TO, TO MAKE SURE THAT IT'S CLEAR THAT THE CITY CAN REQUIRE ENERGY STORAGE, SPECIFIC TECHNICAL STUDIES, OPERATIONAL STANDARDS, SAFETY MEASURES, CONDITIONS OF APPROVAL, THAT THERE'S NO IMPLICATION THAT IT'S LIMITED TO JUST THE STANDARDS ASSOCIATED WITH A TRADITIONAL DISTRIBUTION SYSTEM.

UM, AND THEN TALKING ABOUT THE, UH, THE THIRD ONE, TALKING ABOUT THE CEC OPT-IN COORDINATION, IF A APPLICANT IS INTENDING ON SUBMITTING THROUGH THE OPT-IN PROGRAM, UH, THAT THEY'RE ENCOURAGED TO COORDINATE WITH THE CITY OF LONG BEACH, UH, PLANNING, FIRE, PUBLIC WORKS, UTILITIES, EMERGENCY MANAGEMENT, THINGS LIKE THAT PRIOR TO, UH, SUBMITTING OR COMPLETING THE APPLICATION TO THE CEC, THAT WAY WE'RE NOT CAUGHT ON THE BACK FOOT, UH, WITH THE COMPLETED PROJECT.

WE HAVE NO ABILITY TO INFLUENCE.

UM, SO I, I DON'T KNOW IF THAT'S A FRIENDLY AMENDMENT OR IF THIS IS A THING THAT WE NEED TO, THAT YOU CAN JUST CHANGE OR HOW THIS WOULD WORK.

WE'LL DO IT AS A FRIENDLY.

UM, AND SO I THINK THE FRIENDLY IS STATED A WAY THAT YOU UNDERSTAND MARIANNE.

I BELIEVE I DO.

BUT ALSO TO INCLUDE ENCOURAGING EARLY COORDINATION WITH CITY DEPARTMENTS THAT MIGHT BE RELEVANT.

SO MAKE SURE WE'RE PART OF THAT CONVERSATION, WHICH MIGHT ALSO ALREADY BE INCORPORATED INTO THAT STATE LAW, BUT REITERATING IT NEVER HURT ANYBODY.

AND MAKING SURE OF THAT INTERDEPARTMENTAL CO CORRECTION.

AND, AND I'D ALSO LIKE TO BE CLEAR ON THAT.

FRIENDLY, UH, INCLUDING ENCOURAGING STAFF TO CONSIDER OTHER ITEMS THAT SHOULD BE ENUMERATED MM-HMM .

UH, AND NOT LIMITING IT TO JUST WHAT I SPECIFICALLY SAID.

GOT IT.

SO I WOULD LIKE TO, JANE, UH, COMMISSIONER LIN, UH, MAKE A FRIENDLY AMENDMENT FOR THAT.

I, I THINK THAT'S A GOOD AMENDMENT.

ALRIGHT, SO JUST, WE DIDN'T CATCH YOUR MICROPHONE.

SO JUST TO CONFIRM, UH, THE COMMISSIONER AGREES TO THE FRIENDLY, SORRY.

AND DO YOU ACCEPT YOUR OWN AMENDMENT? THINK ABOUT IT.

UH, YES I DO.

THE MAKER AND SECOND HAVE ACCEPTED THE AMENDMENT AT THIS POINT.

IF THERE ARE ANY, ANY FURTHER DISCUSSION ON THIS ITEM, SEEING NONE, UH, MADAM CLERK, PLEASE CALL FOR THE VOTE.

MOTION IS CARRIED AS AMENDED.

CONGRATULATIONS.

EVEN THOUGH IT'S NOT YOUR PROJECT .

UM, I THINK NOW WE'LL GO TO THE NEXT ITEM AND REVERT BACK FOR THE MOST EXCITING PRESENTATION OF THE EVENING .

IT'S BECAUSE YOU'VE SEEN IT BEFORE, GUYS, YOU KNOW.

RECOMMENDATION TO RECEIVE AND FILE A PRESENTATION ON THE BROWN ACT FROM THE CITY ATTORNEY'S OFFICE.

, I ALWAYS BRING THE BROWN ACT TO YOU.

IT'S GONNA BE FUN.

LOVE THIS TOPIC.

ITEM NUMBER FOUR IS A

[4. 26-55296 Recommendation to receive and file a presentation on the Brown Act from the City Attorney’s Office. Suggested Action: Approve recommendation. ]

[02:25:05]

HI GUYS.

IT'S THIS TIME OF YEAR AGAIN, SO I'M SO EXCITED TO BE WITH YOU.

YOU GUYS ARE GREAT ABOUT DISPLAYING THE BROWN ACT IN ACTION IN ALL OF YOUR MEETINGS, BUT WE'LL RUN THROUGH IT REALLY QUICKLY, UM, SO THAT WE ALL HAVE THAT REFRESHER.

UM, BUT THIS IS OUR ANNUAL BROWN ACT TRAINING.

I'M YOUR PRESENTER.

HI.

SO HERE'S THE TOPICS WE'RE GONNA COVER.

JUST A KIND OF BRIEF HISTORY, SOME GENERAL PRINCIPLES, A LOT ABOUT AVOIDING THE APPEARANCE OF IMPROPRIETY BECAUSE THE BROWN ACT IS A CONTRACT WITH THE PUBLIC, RIGHT? SO WE'RE, WE'RE MAINTAINING, UM, DUE PROCESS AND WE'RE GIVING THEM A, A PLACE OF THE TABLE OF THE DISCUSSIONS THAT YOU HAVE HERE.

UM, THEN WE'RE ALSO GONNA TALK ABOUT EX PARTY COMMUNICATIONS, WHO IS SUBJECT TO THE BROWN ACT.

BIG GIVEAWAY YOU ARE.

UM, AND THEN WHAT IS A MEETING UNDER THE BROWN ACT? AND THEN WE'LL ALSO TALK ABOUT PROHIBITED AND ALLOWED TYPES OF COMMUNICATIONS.

AND THEN WE'LL ROUND OUT WITH AGENDAS, UH, WHERE MEETINGS CAN BE HELD, THE RIGHTS OF THE PUBLIC, THE ROLE OF THE CHAIR.

UM, AND THEN WE'LL TALK ABOUT CLOSED SESSION VERY BRIEFLY 'CAUSE IT NEVER REALLY HAPPENS HERE.

AND THEN WE'LL TALK ABOUT CONSEQUENCES OF VIOLATING THE BROWN ACT.

SO THE BROWN ACT, UM, REALLY CAME OUT OF SOME INCREDIBLE WORK IN THE 19, IN 1952, UM, BY MIKE HARRIS, WHO WAS A REPORTER FOR THE SAN FRANCISCO CHRONICLE.

AND HE HAD HEARD STORIES ABOUT ELECTED BODIES THAT WERE HOLDING MEETINGS BEHIND CLOSED DOORS IN NEFARIOUS WAYS TO PREVENT PUBLIC PARTICIPATION AND MAINLY OVERSIGHT.

UM, AND SO THERE WAS A 10 PART SERIES THAT HE WROTE ON CALLED YOUR SECRET GOVERNMENT.

AND THAT CAME OUT AROUND JUNE, UM, LIKE THE MIDDLE OF 1952.

AND WHAT'S REALLY INCREDIBLE, BECAUSE YOU GUYS KNOW HOW THE GEARS OF GOVERNMENT CAN MOVE.

BY 1953, WE HAD THE BROWN ACT TO ADDRESS, UM, ISSUES AROUND PRIVATE AND SECRET MEETINGS HAPPENING THAT FORECLOSED PUBLIC PARTICIPATION THAT IS AN INCREDIBLE TURNAROUND ON QUICKLY RESPONDING TO THIS ISSUE.

AND WHEN THE BROWN ACT WAS FIRST PASSED IN 1953, IT INCLUDED 686 WORDS.

THAT WAS IT.

TODAY WE ARE WELL OVER 20,000 WORDS, SO IT'S JUST A BIT MORE COMPLICATED TO COMPLY WITH.

AND SO WE'LL TAKE A BIT OF TIME TALKING ABOUT THAT.

BUT THE GREAT THING IS THE GENERAL PRINCIPLES OF THE BROWN ACT HAVE REMAINED UNCHANGED.

AND SO THEY REALLY ARE TO ENSURE THAT ALL MEETINGS ARE OPEN AND PUBLIC, THAT ALL ACTIONS THAT YOU TAKE, UM, AND ANY DELIBERATIONS ARE TAKEN OPENLY SO THAT PEOPLE CAN OBSERVE THEM.

THAT ALL PEOPLE HAVE A RIGHT TO ATTEND AND TO PARTICIPATE IN MEETINGS.

AND THAT ONLY MATTERS THAT ARE ON THE AGENDA ARE DISCUSSED.

SO THE FIRST WE'RE GONNA TALK ABOUT IS AVOIDING THE APPEARANCE OF IMPROPRIETY.

SO WHAT THE BROWN ACT DOES IS IT HELPS RETURN TRUST TO THE PUBLIC.

THE THE TRUST FROM THE PUBLIC PUBLIC HAD BEEN REALLY SEVERELY BREACHED AT THE TIME THAT THE BROWN ACT WAS CREATED.

AND SO AN IMPORTANT PART OF THE BROWN ACT WAS TO ENSURE THAT THE INDICATORS OF TRUST WERE THERE AND THAT THE PUBLIC COULD UNDERSTAND THAT THE PEOPLE MAKING DECISIONS ON THEIR BEHALF WERE DOING SO IN A WAY THAT WAS TRANSPARENT AND FAIR AND OPEN.

AND SO IT DOES THAT BY CREATING OBLIGATIONS FOR YOU TO MAINTAIN THE APPEARANCE OF, TO AVOID THE APPEARANCE OF IMPROPRIETY.

UM, SO IT HELPS WITH, YOU KNOW, DISCUSSING LOCAL AGENCY ISSUES WITHOUT THE PUBLIC PRESENT.

THESE ARE THE THINGS THAT SHOULD BE IN YOUR MIND, IS THAT, DOES THAT HAVE THE APPEARANCE OF IMPROPRIETY? COULD IT BE A BROWN ACT VIOLATION? UM, AND IT HELPS PROTECT THE DUE PROCESS RIGHTS OF PARTIES THAT APPEAR BEFORE YOU.

SO WE, YOU HAD A COUPLE APPLICANTS HERE TONIGHT APPEARING BEFORE YOU, THEY HAVE DUE PROCESS RIGHTS THAT YOU HELP GIVE THEM, UM, AS PART OF YOUR MEETING.

AND WE'LL TALK ABOUT THAT A LITTLE BIT MORE.

SO THE FIRST THING WE'LL TALK ABOUT, ONE AREA WHERE THERE CAN BE THE APPEARANCE OF IMPROPRIETY IS EX PARTY, UM, CONTACTS.

AND REALLY THE IMPROPRIETY THERE IS, IT HAS IMPACTS ON DUE PROCESS.

SO UNDER DUE PROCESS, EVERY APPLICANT IS AFFORDED THE RIGHT TO RECEIVE A FAIR HEARING AND AN IMPARTIAL DECISION MAKER.

YOU ALL ARE OUR DECISION MAKERS INSIDE THIS CHAMBER.

ON, ON ACTIONS AND ITEMS THAT COME BEFORE YOU.

SO EX PARTY, UM, CONTACTS AND COMMUNICATIONS, THEY CAN OCCUR BETWEEN A GOVERNMENT DECISION MAKERS OR A THIRD PARTY OR AN APPLICANT, UM, AND GOVERNMENT DECISION MAKERS.

BUT THEY'RE REALLY WHAT'S MOST SIGNIFICANT IS THERE OCCURRING OUTSIDE OF THE OFFICIAL PROCEEDING AND OFF THE RECORD.

AND SO FAILURE TO GIVE A PARTY A FAIR TRIAL OR A HEARING, WHAT IT CAN RESULT IS IN IS THE UNDOING OF THE DECISION.

UM, BUT IT ALSO MORE DEEPLY CAN IMPACT PUBLIC TRUST IN THE PROCESS AND IN THE DETERMINATIONS OF THIS BODY.

SO IF YOU HAVE EX PARTE COMMUNICATIONS THAT OCCUR, OR CONTACTS THAT OCCUR, AND SOMETIMES THEY CAN OCCUR WITHOUT YOU REALIZING IT, AND THEN YOU'LL LOOK AT IT AND BE LIKE, OH MY GOODNESS, THAT IS THE APPLICANT ON THE PROJECT THAT I HAVE IN FRONT OF THE PLANNING COMMISSION NEXT WEEK.

AND SO MAYBE IT WASN'T AN INTENTIONAL EX PARTE COMMUNICATION, BUT IF YOU LEARN THAT THAT EX PARTE COMMUNICATION HAS TAKEN PLACE, PLEASE REACH OUT TO ME.

WE CAN TALK ABOUT YOUR OPTIONS AND WE CAN LOOK AT RECUSAL.

SO EXAMPLES OF XE COMMUNICATIONS, AND I LIKE GIVING EXAMPLES

[02:30:01]

BECAUSE SOME, THERE'S VERY OBVIOUS XE COMMUNICATIONS, BUT THE ONES THAT ARE TRICKIER ARE THE ONES THAT WE DON'T THINK ABOUT THAT ARE KIND OF OCCURRING OUR EVERYDAY LIFE.

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

AND ANOTHER BOARD MEMBER HEARS IT.

SO IN THAT BOARD MEMBER THIS BEFORE THE BOARD MEMBER IS GOING TO HEAR THE MATTER.

SO WHAT THAT SUGGESTS, WHAT THAT INDICATES THAT APPEARANCE IS THAT THIS BOARD MEMBER HAS ALREADY MADE UP THEIR MIND BEFORE HEARING ALL THE EVIDENCE THAT'S GONNA BE PRESENTED TO THE BODY COMMISSIONERS.

THE NEXT ONE IS THAT COMMISSIONERS ARE MEETING PRIVATELY WITH AN APPLICANT ABOUT WHY THEIR APPLICATION FOR A CONDITIONAL USE PERMIT SHOULD BE APPROVED BEFORE THE COMMISSION HEARS THE MATTER AT A PUBLIC HEARING.

OKAY? SO THIS IS REALLY LIKE THE COFFEE SPITTING MOMENT.

THIS IS THE OBVIOUS, UM, EX PARTE COMMUNICATION THAT I THINK IS ALWAYS FRONT OF MIND FOR YOU ALL, BUT I WANTED TO INCLUDE IT AS AN EXAMPLE TO BE VERY CLEAR THAT IS NOT, NOT OKAY, EX PARTE COMMUNICATION.

AND THEN THE LAST EXAMPLE IS COMMISSIONERS MEET PRIVATELY WITH STAFF BECAUSE THEY DO NOT SUPPORT A CANNABIS SENSORY LOCATION BEFORE THE COMMISSION.

HERE'S THE PERMIT AT A PUBLIC MEETING.

SO AGAIN, WHAT'S REALLY SIGNIFICANT HERE IS NOT THE MEETING WITH STAFF.

YOU MIGHT HAVE QUESTIONS AND YOU CAN SEEK THOSE COMMUNICATIONS OR SEND COMMUNICATIONS TO STAFF TO UNDERSTAND IT'S REALLY THE HAVING ALREADY MADE A DETERMINATION ON THE MATTER BEFORE IT'S COME TO THE BODY.

REALLY, YOU ARE THOSE FAIR AND OPEN ARBITERS OF FACT.

YOU ARE ARE THERE TO HEAR AND THEN TO MAKE A DECISION ON THE APPLICATIONS THAT COME BEFORE YOU.

SO WHO IS SUBJECT TO THE BROWN ACT? WE, WE KIND OF TALKED ABOUT THIS ONE.

YOU ARE, BUT HERE'S THE OTHER FOLKS THAT ARE ALSO SUBJECT TO THE BROWN ACT.

UM, WE WON'T RUN THROUGH THEM, UM, BECAUSE I REALLY THINK IT'S JUST IMPORTANT THAT YOU KNOW THAT YOU ARE A, A MEETING UNDER THE BROWN ACT.

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

A QUORUM IS REQUIRED TO HOLD A MEETING YOUR BODY OF SEVEN, WHICH MEANS FOUR IS THE MAGICAL NUMBER FOR YOU TO BE ABLE TO MEET AND TO HOLD A MEETING.

AND WHAT IS CHALLENGING ABOUT THE DEFINITION OF A MEETING UNDER THE BROWN ACT THAT I WANNA FLAG FOR YOU ALL IS THAT THERE ARE SPACES THAT ARE DIGITAL SPACES IN WHICH YOU ALL CAN BE PRESENT AND DISCUSSING OR DELIBERATING AND NOT REALIZING THAT YOU ARE.

SO AGAIN, WHEN THE BROWN ACT WAS CREATED IN 1953, WE DIDN'T HAVE THINGS LIKE FACEBOOK OR THE INTERNET.

AND SO THE OPPORTUNITY TO SEE A POST ABOUT A LAND USE DECISION OR AN UPCOMING PROJECT THAT'S COMING BEFORE THE COMMISSION AS A NEW NEWS ARTICLE AND THEN COMMENT ON IT DIDN'T EXIST FOR FOLKS THAT WERE TRYING TO COMPLY WITH THE BLACK BROWN ACT IN 1954, BUT THEY DO FOR YOU TODAY.

SO WHEN WE THINK ABOUT BEING IN THE SAME PLACE AND HAVING DELIBERATIONS AND DISCUSSIONS, IT MIGHT NOT JUST BE IN THIS CHAMBER, IT MIGHT NOT BE IN A PHYSICAL LOCATION.

YOU NEED TO BE VERY CAREFUL ABOUT COMMENTING ON POSTS IN A WAY THAT YOU CAN SEE AND INTERACT WITH EACH OTHER AND INADVERTENTLY DELIBERATE AND ALMOST HOLD AN INADVERTENT MEETING, UM, ON THAT PLATFORM.

SO I JUST WANTED TO FLAG THAT.

SO THERE ARE TYPES OF, REALLY QUICKLY, THERE ARE INSTANCES THAT ARE NOT MEETINGS.

SO I DON'T WANT YOU TO BE AFRAID TO LIKE INTERACT WITH EACH OTHER IN THE WORLDS.

THERE ARE SIX INSTANCES THAT ARE NOT CONSIDERED MEETINGS UNDER THE BROWN ACT.

THE FIRST IS, UM, INDIVIDUAL CONTACTS.

YOU ARE ALLOWED TO CONTACT ONE ANOTHER INDIVIDUALLY.

YOU WANNA BE CAREFUL ABOUT HOW MANY OF YOU GUYS COMMUNICATE BECAUSE THOSE WAY THAT THERE'S BEEN INTER INTENTIONAL GAMING OF THE SYSTEM TO BUILD CONSENSUS.

AND WE'LL TALK ABOUT THAT LATER IN THE, UM, PRESENTATION.

BUT THERE'S ALSO INSTANCES WHERE YOU JUST MIGHT NOT BE AWARE THAT A QUORUM HAS NOW COMMUNICATED ABOUT AN ITEM IN ADVANCE OF A HEARING.

AND SO, UM, WE JUST WANT YOU TO BE THOUGHTFUL IF YOU'RE GOING TO HAVE AN INDIVIDUAL CONTACT BEFORE AN ITEM HAS COME BEFORE THE BODY, BECAUSE THAT CAN REALLY QUICKLY BUILD AND TIP OVER A QUORUM.

UM, BUT YOU CAN MEET AND TALK WITH ONE ANOTHER, YOU CAN ALSO MEET WITH THIRD PARTIES.

IT'S IMPORTANT THAT YOU HAVE THE OPPORTUNITY TO GAIN INFORMATION, TO BE IN THE COMMUNITY, TO CONSULT WITH EXPERTS, TO HAVE JUST INFORMATION AVAILABLE TO YOU.

AND SO WE DON'T WANT YOU TO BE AFRAID TO DO THAT.

THOSE ARE ALLOWABLE COUNT CONTACTS UNDER THE BROWN ACT.

UM, ALSO CONFERENCES ARE AN ALLOWABLE SPACE FOR YOU TO MEET.

A MAJORITY OF YOU COULD BE AT A PLANNING COMMISSIONER TRAINING CONFERENCE, FOR EXAMPLE, AND SITTING IN A ROOM AND HEARING INFORMATION.

YOU CANNOT DELIBERATE ON A PROJECT THAT WILL COME BEFORE YOU INSIDE OF THAT ROOM.

AND YOU MIGHT WANNA BE CAREFUL ABOUT THE APPEARANCE OF IMPROPRIETY AND MAYBE YOU WOULD CHOOSE TO NOT SIT TOGETHER TO AVOID THE TEMPTATION TO COMMUNICATE WITH EACH OTHER AND TO MAKE IT CLEAR THAT THAT'S NOT OCCURRING IN THAT SPACE.

BUT A CONFERENCE IS ANOTHER, UM, INSTANCE WHERE IT'S NOT CONSIDERED MEETING UNDER THE BROWN ACT EVEN IF A MAJORITY OF YOU ARE THERE.

BUT YOU WANNA BE CAREFUL NOT TO DISCUSS THINGS THAT WILL BE IN FRONT OF YOU EVEN WHEN YOU ARE THERE.

THE OTHER IS COMMUNITY MEETINGS.

SO THERE IS AN AVAILABILITY FOR YOU TO GO AND TO PARTICIPATE IN COMMUNITY MEETINGS, AND A MAJORITY

[02:35:01]

OF YOU CAN BE THERE.

UM, BUT AGAIN, YOU WANNA MAKE SURE IT'S NOT SOMETHING THAT'S GONNA BE IN FRONT OF YOU AND THAT YOU'RE NOT DELIBERATING OR COMMUNICATING INSIDE OF THAT SPACE.

BUT REALLY JUST KIND OF LISTENING IN AND GATHERING INFORMATION.

UM, THE, THE FOURTH IS OTHER LEGISLATIVE BODY MEETINGS.

YOU ARE WELCOME TO JOIN ME HERE ON A TUESDAY NIGHT FOR COUNCIL.

WE CAN DO IT TOGETHER.

UM, A MAJORITY OF US IT WOULD BE FINE, BUT AGAIN, UH, YOU WANNA AVOID ANY DELIBERATION ON ITEMS THAT COULD COME BEFORE YOU AND THEN JUST HAVE THAT THOUGHTFULNESS ABOUT THE APPEARANCE OF IMPROPRIETY.

AND MAYBE CHOOSE NOT TO SIT AMONGST EACH OTHER WHERE A SIDE CONVERSATION THAT'S NOT ON A TOPIC THAT COULD COME BEFORE THE BODY MIGHT BE CONSTRUED AS THAT.

UM, THE NEXT IS STANDING COMMITTEES.

YOU'RE ALLOWED TO ATTEND.

THIS BODY DOESN'T HAVE THE STANDING COMMITTEES, BUT IF WE DID, UM, AND MAYBE WE HAD OUR THREE MEMBERS TO STAY BELOW A QUORUM, OTHER MEMBERS OF THIS BODY COULD ATTEND.

THEY JUST CANNOT PARTICIPATE BECAUSE THEN WE WOULD HAVE A MEETING WITH MORE THAN THE QUORUM, BUT THEY COULD LISTEN IN.

AND THEN THE LAST EXAMPLE ARE SOCIAL OR CEREMONIAL EVENTS.

SO IF WE WERE TO HAVE, UM, A CELEBRATION AT END OF YEAR TO CELEBRATE THE WORK THAT THE COMMISSION'S DONE, THAT IS OKAY FOR YOU TO ALL BE TOGETHER AGAIN, YOU JUST WANNA AVOID DISCUSSING ITEMS THAT WILL BE, THAT ARE WITHIN THE JURISDICTION OF THIS BODY.

SO WE KIND OF TALKED ABOUT THIS.

I I REFER TO IT AS LIKE GAMING THE INDIVIDUAL CONTACT EXCEPTION.

AND IT'S REALLY THIS IDEA THAT'S CALLED SERIAL COMMUNICATIONS AND THEY ARE PROHIBITED.

AND WHAT DOES SERIAL COMMUNICATION MEANS IS IT'S A WAY THAT YOU USE ONE COMMUNICATION BETWEEN INDIVIDUALS AND THEN YOU SLOWLY BUILD A TIPPING CONSENSUS WHERE OVER TIME OR INTERACTION A QUORUM OF THE BODY HAS NOW DISCUSSED AN ITEM.

AND THERE'S A FEW WAYS IN WHICH THAT CAN HAPPEN.

SO THESE ARE KIND OF THE, THE TWO PRIMARY WAYS ARE HUB AND SPOKE DAISY CHAIN, BUT REPRESENTATIVES AND THEN EMAILS AND TEXTS AND SOCIAL MEDIA CAN ALSO PLAY A ROLE.

SO WE'LL, WE'LL KIND OF POP INTO THEM.

SO THE FIRST IS THIS IDEA OF A HUB AND SPOKE, UM, COMMUNICATION.

AND IT'S WHERE YOU HAVE SOMEONE THINK OF IT, IT'S LIKE A WHEEL, BUT NOT LIKE, YEAH, I GUESS A WHEEL IN YOUR CAR WHERE YOU'VE GOT THE HUB CAP IN THE MIDDLE AND THEN EVERYTHING KIND OF EXTENDS OUT.

AND SO YOU'VE GOT ONE PERSON AND THEY'RE MAKING COMMUNICATIONS OUT TO THE REST OF THE BODY.

UM, AND EVENTUALLY, EVENTUALLY, THAT ONE PERSON HAS HAD CONTACT WITH ENOUGH FOLKS TO HAVE TIPPED OVER A QUORUM AND TO HAVE DELIBERATION ON AN ITEM.

SO AN EXAMPLE OF THAT IS THE VICE CHAIR CONTACTS ALL THE OTHER COMMISSIONERS ON THEIR BODY TO ENSURE THAT THEY VOTE YES TO SUPPORT AN ITEM.

THAT'S A CLEAR EXAMPLE OF A HUB AND SPOKE, UM, KIND OF DELIBERATION OUTSIDE OF AN OPEN MEETING, SORRY, A SERIAL COMMUNICATION.

THE NEXT IS A DAISY CHAIN.

AND SO THIS ONE IS TRICKIER BECAUSE THIS IS, WE TALKED ABOUT IN A HUB AND SPOKE EXAMPLE.

THIS, THE PERSON THAT'S AT THE HUB KIND OF UNDERSTANDS VERY CLEARLY THAT THEY'RE COMMUNICATING BEYOND A QUORUM.

DAISY CHAINS ARE SLIGHTLY MORE CHALLENGING.

UM, A DA DAISY CHAIN IS COMMUNICATION.

WE'LL GO THROUGH THE EXAMPLE, THEN WE'LL TALK ABOUT HOW, HOW, HOW IT KIND OF HAPPENS IS COMMISSIONER BLUE CONTACTS, COMMISSIONER GREEN AND SAYS, HEY, I'M THINKING ABOUT VOTING THIS WAY.

AND THEN COMMISSIONER GREEN CONTACTS COMMISSIONER ORANGE AND SAYS, HEY, I THINK WE'RE THINKING ABOUT VOTING THIS WAY.

AND THEN COMMISSIONER ORANGE CONTACTS, COMMISSIONER PINK, AND IT KIND OF, THE DELIBERATION MOVES DOWN THE CHAIN.

AND SO COMMISSIONER BLUE, WHO STARTED THE COMMUNICATION MIGHT NOT KNOW THAT COMMISSIONER GREEN IS GOING TO REACH OUT TO ORANGE AND THAT COMMISSIONER ORANGE IS GONNA REACH OUT TO COMMISSIONER PINK.

BUT IT BUILDS PAST A TIPPING POINT OF THE QUORUM.

AND SO WHEN WE TALK ABOUT HAVING THAT THOUGHTFULNESS ABOUT WHO THOSE INDIVIDUAL CONTACTS ARE, IT'S REALLY BECAUSE OF THE INTENTIONAL AND UNINTENTIONAL, UM, WAY THAT DAISY CHAIN COMMUNICATIONS CAN BUILD TO A QUORUM OF DELIBERATION.

NOW, BOTH OF THOSE THINGS CAN BE ACCOMPLISHED IF IT'S NOT THE COMMISSIONER SPEAKING, BUT IT'S A REPRESENTATIVE OF THE COMMISSIONER.

THE ANALYSIS EXTENDS THE EXACT SAME WAY.

SO IF COMMISSIONERS GREEN'S PARTNER VOLUNTEERS AT SEVERAL NONPROFITS WHERE OTHER COMMISSIONERS VOLUNTEER, AND THEN COMMISSIONER GREEN PARTNER GREEN'S PARTNER ENDS UP ASKING MORE THAN A MAJORITY OF THE BODY IF THEY'RE TO SUPPORT AN ITEM.

THIS IS EXACTLY THE SPOKEN HUB TESTING YOU ALL, BUT IT'S BEING ACCOMPLISHED THROUGH A REPRESENTATIVE AND NOT THE COMMISSIONER.

AND THEN THE LAST ONE WE'VE KIND OF TALKED ABOUT, BUT HERE'S AN EXAMPLE OF LIKE CREATING THAT MEETING SPACE AND DELIBERATION ONLINE COMMISSIONER BLUE POSTS ON SOCIAL MEDIA ABOUT AN ISSUE, AN ISSUE.

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

IT'S COMMENTED ON BY COMMISSIONER PINK AND IT'S RETREATED BY COMMISSIONER AQUA.

AS CHAOTIC AS THAT SOUNDS, THOSE ARE ITEMS THAT ARE STARTING TO HAPPEN AND THERE'S VERY REAL CONCERNS AROUND THAT BEING DELIBERATION AND DISCUSSION OF AN ITEM OUTSIDE OF A PUBLICLY NOTICED HEARING.

SO LET'S TAKE A QUICK PAUSE BEFORE WE GO TO WHAT KIND OF COMMUNICATIONS ARE ALLOWED.

ARE THERE ANY COMMUNICATION, ANY QUESTIONS SO FAR OR QUESTIONS ON SERIAL COMMUNICATIONS COMMISSIONER, WHERE

[02:40:01]

ONCE WE'RE IN THE MEETING, CAN WE TALK TO ONE ANOTHER? SOMETIMES I TRY TO TURN, I'M LIKE, I DON'T KNOW IF I SHOULD TALK TO THEM, BUT LIKE I MAY NEED CLARIFICATION OR ASKING SOMETHING.

IS THAT OKAY? YEAH.

WHEN WE ARE OFFICIALLY IN THE MEETING, THAT'S A GREAT QUESTION AND WE ARE FORTUNATE BECAUSE THERE ARE FIVE OF YOU, RIGHT? SO YOU TURNING AND HAVING AN INDIVIDUAL QUESTION TO COMMISSIONER TEMPLIN, YOU'RE NOT THE MAJORITY.

YOU'RE, YOU HAVEN'T TIPPED OVER A LIKE THE QUORUM, IT'S JUST THE TWO OF YOU THAT'S AN INDIVIDUAL CONTACT, YOU'RE OKAY.

OR THAT BECOMES CHALLENGING.

IS IT? Y YEAH, YOU'RE, YOU'RE EXACTLY TRACKING ME AND WE'RE WATCHING THE DAISY CHAIN HAPPEN BECAUSE IT'S NOT JUST THAT IT'S IN A PUBLIC MEETING, BUT THERE'S THE RIGHT OF THE PUBLIC.

WE'LL TALK ABOUT THEIR RIGHTS, BUT THEY HAVE A RIGHT TO HEAR YOU HAVE THE CONVERSATION.

UM, SO IT'S A PERFECT QUESTION.

WHERE IT ALSO BECOMES TRICKY IS WHERE WE HAVE SUBCOMMITTEES OF THREE PEOPLE AND ONE PERSON TURNS TO THE OTHER THAT IS A QUORUM OF THE BODY.

SO IF YOU FIND YOURSELF ON ONE OF THOSE SUBCOMMITTEES IN YOUR TIME SERVING ON A COMMISSION, YOU WANNA KEEP THAT IN MIND.

ANY OTHER QUESTIONS? COMMISSIONER TEMPLAN? UM, THIS IS ACTUALLY ONE I DID HAVE A QUESTION ON WHEN I WAS GOING THROUGH IT TWICE.

UM, IT SAYS ALLOWS YOU TO SPEAK WITH CONSTITUENTS, ADVOCATES, CONSULTANTS, REPORTERS OF STAFF AND COLLEAGUES.

I UNDERSTAND THE LIMITATIONS, BUT ON THE OTHER ONES, YOU'RE NOT SUPPOSED TO HAVE AN OPINION.

SO YOU'RE, YOU'D BE LISTENING.

SO SCRATCH OUT REPORTERS.

BUT, UH, ON THE OTHER ONES, UM, I KNOW I'VE GOTTEN PHONE CALLS AND THIS GUY WANTS TO, WE'RE HAVING SOMETHING COME BEFORE AND I JUST ALWAYS TELL THEM, NO, YOU CAN'T DO THAT.

CALL, CALL THE PLANNING COMMISSION AND SEE IF THEY'LL GIVE YOU, YOU KNOW, DON'T CALL ME.

AND I, I USUALLY WIND UP REPORTING IT 'CAUSE I FOUND OUT THAT WAS THE BEST THING TO DO.

I HAVE HEARD YOUR REPORTS.

IT IS THE BEST THING TO DO.

SO ON THIS ONE, THERE, THERE, THERE STILL ARE NOT ALLOWED, RIGHT? SO I THINK WHAT YOU'RE HITTING ON IS A SLIGHT, UM, UH, LIKE NUANCE IN THE FACT, RIGHT? SO YOU ARE, YOU CAN TALK TO CONSTITUENTS, YOU CAN UNDERSTAND HOW THEIR LIVES ARE BEING IMPACTED.

YOU CAN UNDERSTAND THEIR EXPERIENCES LIVING IN LONG BEACH, AND YOU CAN DO ALL THE THINGS TO GATHER INFORMATION SO THAT YOU CAN HAVE IT ON THE DIETS WITH YOU.

AND YOUR EXAMPLE, I THINK YOU SAID SOMETHING VERY IMPORTANT, WHICH IS THE PERSON INDICATED THAT THEY'RE GOING TO HAVE AN ITEM THAT COMES BEFORE YOU, RIGHT? SO WHEN YOU KNOW THAT THAT ITEM IS COMING AND SOMEONE IS COMING TO TALK TO YOU OUTSIDE OF THE PUBLIC'S OPPORTUNITY TO HEAR IT ON AN ITEM COMING BEFORE YOU, THAT IS A PERFECT RED FLAG THAT IT'S TIME TO TALK TO ALLISON OR IT'S TIME TO TALK TO ME.

BECAUSE YOU WANNA ENSURE THAT YOU ARE BEING THAT FAIR ARBITRATOR OF FACT, AND THAT YOU'RE COMING IN AND ALLOWING DUE PROCESS AND AN OPPORTUNITY FOR PUBLIC PARTICIPATION.

AND I JUST WANNA SAY AARON'S GIVING YOU A PRESENTATION ON A SPECIFIC LAW, THE BROWN ACT AND WHAT'S LEGAL.

UM, BUT JUST ON THE SCREEN IT SAYS YOU CAN TALK TO REPORTERS, YOU CAN, I'M NOT GONNA TACKLE YOU, BUT I JUST WANNA REMIND YOU, UM, WE HAVE A, UM, PRESS OPERATION HERE IN THE DEPARTMENT AS WELL AS CITYWIDE.

AND IT REMAINS OUR POLICY AND RECOMMENDATION THAT YOU DON'T TALK TO THE PRESS, ALTHOUGH IT WOULD BE A COMPLETELY LEGAL ACT, UM, FOR YOU TO DO THAT.

SOMETIMES THERE'S SOME CONTEXT OR A LOT OF REASONS, UM, TO NOT DO THAT.

AND THAT'S WHY WE TRY TO RUN EVERYTHING THROUGH THE, UM, COMMUNICATION PROFESSIONALS THAT, THAT WORK WITH THE PRESS DAY IN, DAY OUT.

AND WE ALSO, I THINK IT CAME UP EARLIER TODAY IN THE PRESENTATION FROM HEATHER THAT YOU HAVE RIGHTS AS A CITIZEN IN THAT RESIDES HERE IN LONG BEACH, UM, THAT YOU GET TO EXERCISE, BUT THERE'S ALSO A DISTINCTION WHEN YOU'RE OPERATING IN YOUR CAPACITY AS A COMMISSIONER.

UM, AND SO SETTING YOURSELF OUT TO SPEAK ON BEHALF OF THE COMMISSION AND TO USE YOUR STANDING AS A COMMISSIONER IS SOMETHING THAT HEATHER ACTUALLY COVERED ALREADY IN HER ETHICS PRESENTATION.

ANY OTHER QUESTIONS FORWARD? LET'S KEEP GOING.

THE PUBLIC CAN TAKE A LOOK AT ALL THE DOCUMENTS AS WELL AS YOU, BECAUSE YOU PROBABLY KNOW THAT WHEN YOU GET THE DOCUMENTS, THE PUBLIC GETS THEM AT THE SAME TIME.

SO WHAT KIND OF COMMUNICATIONS ARE ALLOWED? WE'VE KIND OF TALKED THEM A LITTLE BIT THROUGH YOUR QUESTIONS, SO THANK YOU.

YOU'VE DONE ALL OF MY WORK ON THIS SLIDE FOR ME ALREADY.

UM, AGAIN, WE TALKED ABOUT SOME OF THESE, THESE, THE MAJORITY OF THESE ARE ALL THE EXCEPTIONS THAT WE'VE TALKED ABOUT.

SO YOU KNOW THAT YOU ARE ALLOWED TO BE TOGETHER AT CONFERENCES, AT LOCAL PUBLIC MEETINGS, AT MEETINGS OF ANOTHER BODY AND AT SOCIAL CEREMONIAL EVENTS.

AND I KNOW YOU GUYS WILL BE THOUGHTFUL IN ENSURING THAT YOU DO THAT IN A WAY THAT CONTINUES TO BUILD, UM, PUBLIC TRUST.

AND THEN THE BIGGEST IS THAT COMMISSIONERS CANNOT DISCUSS MATTERS OF THE COMMISSION AMONG THEMSELVES AT THESE EVENTS, WHICH WE'VE TALKED ABOUT.

SO AGENDA POSTING REQUIREMENTS, WE TRY TO BE VERY, SO THAT THE MINIMUM AMOUNT OF TIME FOR AN AGENDA TO BE POSTED UNDER AND BE COMPLIANT WITH THE BROWN ACT IS 72 HOURS.

WE TRY TO GIVE MORE TIME WHERE WE CAN SO THAT

[02:45:01]

AND WE WANNA ENSURE THAT YOU'VE GOT AS MUCH TIME WITH THOSE DOCUMENTS AS YOU CAN.

SPECIAL MEETINGS ONLY REQUIRE 24 HOURS OF POSTED NOTICE.

THEY'RE INFREQUENT FOR THIS BODY.

BUT I WANTED TO INCLUDE IT JUST SO YOU HAVE AN AWARENESS IN CASE YOU'RE SEEING THAT, UM, ON A CITY COUNCIL MEETING.

AND THE 72 HOUR NUMBER COMES TO MIND, THERE IS AN EXCEPTION FOR SPECIAL MEETINGS.

IT HAS A 24 HOUR POSTING, UM, NUMBER, AND THEN AGENDAS NEED TO CONTAIN A BRIEF GENERAL DESCRIPTION OF EACH ITEM.

THEY INCLUDE THE DATE, THE TIME, AND THE LOCATION OF THE MEETING.

UM, AND THEY REALLY, THE FOCUS AND WHAT WE ALWAYS ASK OURSELF WHEN WE'RE REVIEWING THEM IS, DOES THIS INFORM THE PUBLIC OF THE SCOPE OF THE BODY'S INTENDED ACTIONS AND PLANS SO THAT THEY CAN EVALUATE THEIR DESIRE TO PARTICIPATE? UM, AND IT HAS TO BE POSTED IN A LOCATION THAT'S FREELY ACCESSIBLE TO THE PUBLIC.

YOU'VE SEEN THAT WHEN YOU WALK INTO OUR BUILDING AND WE ALSO HOST THEM ONLINE.

AND THEN WHERE MEETINGS CAN BE HELD, THEY'RE HELD WITHIN THE BOUNDARIES OF THE CITY, UNLESS SOME VERY SPECIFIC EXEMPTIONS APPLY, WHICH WERE UNLIKELY TO APPLY TO THIS BODY.

THEY HAVE TO BE AT A LOCATION THAT DOES NOT DISCRIMINATE BASED ON RACE, SEX, UM, SEXUAL ORIENTATION, RELIGION, OR ARE NOT A DA ACCESSIBLE.

THEY ALSO CANNOT BE IN LOCATIONS THAT REQUIRE PAYMENT TO ENTER.

AND AGAIN, THAT SET DESIRE INSIDE OF THE BROWN ACT THAT WE TALKED ABOUT, TO MAKE SURE THAT IT IS PUBLICLY ACCESSIBLE AND AVAILABLE.

AND THEN REALLY QUICKLY, WE KIND OF TALKED ABOUT THIS AT THE FRONT END OF OUR COMMUNICATION OR THE PRESENTATION, THE PUBLIC HAS A RIGHT TO COMMENT, UM, AND THEY CAN COMMENT ON ANY MATTER ON THE AGENDA.

OUR CHAIR IS GREAT ABOUT SOLICITING COMMENT ON EACH SPECIFIC ITEM.

AND THEN THE PUBLIC ALSO HAS THE ABILITY TO COMMENT IN GENERAL, PUBLIC COMMENT ABOUT ITEMS THAT ARE WITHIN THE JURISDICTION OF THE BODY.

AND YOU, YOU SEE THAT ON THE AGENDA.

IT'S OUR WAY OF ALWAYS ENSURING THAT WE COMPLY WITH THE BROWN ACT.

THE PUBLIC ALSO HAS THE RIGHT TO RECORD MEETINGS.

THEY CAN SIT WITH A PHONE, THEY CAN RECORD VIDEO, THEY CAN RECORD AUDIO.

UM, THEY HAVE A RIGHT TO DO THAT.

THEY JUST CANNOT DO SO IN A DISRUPTIVE MANNER BECAUSE YOU HAVE A RIGHT TO CONDUCT THE BUSINESS OF THE CITY.

THEY ALSO HAVE THE RIGHT TO REVIEW AGENDAS AND OTHER WRITINGS WHEN YOU DO.

SO AGAIN, WHEN WE GIVE YOU DOCUMENTS, WE ENSURE THAT THOSE ARE MADE AVAILABLE TO THE PUBLIC.

THEY ALSO HAVE THE RIGHT TO ATTEND WITHOUT REGISTERING.

SO WE DON'T ASK ANYONE TO IDENTIFY THEMSELVES OR IF SOMEONE IS GOING TO ELECT TO PROVIDE PUBLIC COMMENT, THEY CAN JUST GIVE US A LETTER.

THEY DON'T HAVE TO GIVE US THEIR ADDRESS OR THEIR NAME IN ORDER TO PARTICIPATE.

AND THEN THEY HAVE A RIGHT TO WITNESS ALL OF YOUR VOTES.

SO THEY GET TO WATCH YOU DETERMINE HOW, WHAT ACTION THAT YOU'RE GONNA TAKE.

THE ROLE OF THE CHAIR INCLUDES RUNNING AN ORDERLY MEETING, INTRODUCING THE BUSINESS IN THE PROPER ORDER ON THE AGENDA.

WE ALSO GOT TO SEE SOME GREAT FLEXIBILITY TODAY FROM OUR CHAIR AND CONSIDERING THE PUBLIC'S WHY THEY'RE HERE AND MOVING ME TO THE END.

UM, THEY ALSO GET TO RECOGNIZE SPEAKERS BOTH ON THE COMMISSION AND IN THE PUBLIC.

THEY DETERMINE WHEN A MOTION MAY BE IN ORDER.

THEY HELP THE KEEP THE DISCUSSION FOCUSED ON THE AGENDA ITEM, AND THEN THEY ENFORCE TIME LIMIT.

IT'S IN A FAIR AND NEUTRAL WAY FOR THE PUBLIC.

AND THEN THEY, IF THE VOTE NEEDS TO BE MOVED FORWARD SO THAT THE BUSINESS THAT THE BODY CAN CONTINUE, THEY TAKE ON THAT ROLE.

UM, ONE OF THE THINGS WHEN IT SAYS THAT IT'S A, IT'S A LOT CHAIR, CHAIR CASTILLO HAS BEEN A WONDERFUL EXAMPLE OF THE ROLE OF A CHAIR.

AND ONE OF THE THINGS WHEN WE SAY KEEPING THAT CONVERSATION ON TOPIC, YOU'VE HEARD ME KIND OF SAY IT BEFORE, UM, SOMETIMES THROUGH PUBLIC COMMENT, SOMEONE CAN BRING UP AN ISSUE, ESPECIALLY AN OPEN PUBLIC COMMENT, AND THERE'S A DESIRE TO ENGAGE BECAUSE OFTENTIMES YOU HAVE, YOU KNOW, VERY INTERESTING THINGS THAT COME FORWARD, LIKE OUR PUBLIC SAFETY, UH, DISCUSSION, KIND OF OVERVIEW IN THE DIRECTOR'S REPORT TODAY.

AND WHEN THAT HAPPENS, IT'S IMPORTANT THAT WE CAN REFRAIN FROM ENGAGING IN A NON AGENDIZED DISCUSSION BECAUSE THERE'S FOLKS INSIDE OF THE LARGER PUBLIC THAT MAY WANNA PARTICIPATE IN THAT DISCUSSION.

SO IT'S OUR WAY OF MAKING SURE THAT, UM, WE PUT A PAUSE AND SAY, HEY, LET'S BRING THAT BACK JUST LIKE YOU GUYS DID TODAY ON THE LATE NIGHT, UM, KINDA SAFETY CONSIDERATION DISCUSSION.

AND THEN IT COMES BACK IN A WAY THAT'S NOTICED SO THE PUBLIC CAN PARTICIPATE.

CLOSED SESSIONS RARELY HAPPEN HERE UNDER THE BROWN ACT.

THERE ARE VERY NARROW INSTANCES IN WHICH A CLOSED SESSION CAN TAKE PLACE IN THE WAY THAT A CLOSED SESSION HAPPENS IS THAT THE, THE SESSION IS OPENED AND PUBLIC COMMENT IS TAKEN, AND THEN THE BODY GOES INTO A CLOSED ROOM TO HAVE DISCUSSIONS THAT REALLY NEED TO HAPPEN BEHIND CLOSED DOORS BECAUSE SOME SIGNIFICANT ADVANTAGE IS LOST IF THOSE PUBLIC, IF THOSE CONVERSATIONS WERE TO TAKE PLACE IN PUBLIC.

SO SOME OF EXAMPLES ARE WHEN YOU ARE TALKING ABOUT LITIGATION STRATEGY OR IF YOU'RE TALKING ABOUT REAL ESTATE DEAL POINTS AND YOU'RE MID NEGOTIATION.

UM, ANOTHER EXAMPLE WOULD BE PERSONNEL ISSUES.

AND NOT THAT YOU'RE GONNA SEE IT, BUT THEY ARE ALLOWED, THEY HAVE TO REMAIN CONFIDENTIAL.

ONLY NECESSARY FOLKS CAN BE IN THERE.

THEY CANNOT BE DISCUSSED

[02:50:01]

AFTERWARDS.

AND THEN ANY ACTION THAT'S TAKEN INSIDE OF THAT CLOSED ROOM IS REPORTED OUT PUBLICLY.

SO THERE ARE TYPES OF COMMUNICATIONS THAT ARE PROHIBITED, UM, AND IF THEY WERE TO BE VIOLATED, THERE ARE VERY REAL PENALTIES FOR THAT.

UM, THE MOST SIGNIFICANT PENALTY IS OBVIOUSLY THE LOSS OF A LOSS OF PUBLIC TRUST.

UM, AND THAT'S VERY HARD TO REGAIN.

BUT THERE ARE ALSO CIVIL PENALTIES.

AND WHAT CAN HAPPEN IS, AS A RESULT OF A CIVIL CASE, IS THAT THE ACTION CAN BE OVERTURNED.

AND THEN OFTENTIMES, UM, ATTORNEY'S FEE FEES ARE AWARDED.

SO THE WORK OF THE COMMISSION IS UNDONE AND THE CITY SUFFERS A FINANCIAL CONSEQUENCE FOR PAYING ATTORNEY'S FEES.

THERE'S ALSO CRIMINAL PEN PENALTIES.

UM, AND THOSE ARE MISDEMEANORS.

THEY REQUIRE AN INTENT TO DEPRIVE THE PUBLIC OF INFORMATION AND THEY CAN BE PUNISHED AS A MISDEMEANOR.

SO HERE'S THE BIG DON'TS.

DO NOT TAKE AN ACTION OR DISCUSS AN ITEM THAT IS NOT ON THE AGENDA.

DO NOT VOTE OUTSIDE THE PUBLIC'S VIEW UNLESS A CLOSED SEC SESSION EXCEPTION APPLIES.

DO NOT DISCUSS MATTERS OF THE COMMISSION AMONG YOURSELVES AT PUBLIC EVENTS OR MEETINGS.

AND THEN THE LAST BIG DON'T IS DON'T POLL OR DISCUSS ISSUES WITH COMM, WITH COMMISSIONERS, UM, TO COME TO A DECISION OUTSIDE OF THE PUBLIC COMMISSION MEETING.

AND THERE'S BEEN CASE LAW THAT'S REALLY AFFIRMED THIS POINT, THIS PURPOSE OF THE BROWN ACT FOR DISCUSSION TO HAPPEN IN A VERY OPEN AND PUBLIC FORUM.

SO THERE WAS A BODY THAT HAD SOME DISCUSSIONS ON EMAIL AND SOMEONE FLAGGED IT AND SAID, OH MY GOODNESS, WE'VE BREACHED THE BROWN ACT.

THERE'S MORE THAN A QUORUM OF US ON THESE EMAILS.

AND SO THEY PUBLISHED THEM WITH THE ACTION SO THAT THEY COULD BRING EVERYONE UP TO SPEED AND THEN THEY JUST VOTED ON IT.

AND IT WAS DETERMINED THAT EVEN TRYING TO DISCLOSE ALL OF THAT PRIOR DISCUSSION DID NOT COMPLY WITH THE PURPOSE OF THE BROWN ACT, WHICH IS FOR ALL OF THAT DISCUSSION TO TAKE PLACE IN THE PUBLIC AND IN THE OPEN.

SO IT'S JUST, THAT'S A RECENT CASE LAW THAT'S AFFIRMING THE PRINCIPLES, UM, THAT ARE REFLECTED ON THE SLIDE RELATIVE TO THE BROWN ACT.

AND THEN THE BROWN ACT DUES ARE, DO ENSURE THAT YOUR ACTIONS COMPLY WITH THE BROWN ACT? DO ENSURE YOUR ACTIONS PROTECT THE PARTY'S RIGHTS TO DUE PROCESS AND TO PARTICIPATE.

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

AVOID THOSE EX PARTY COMMUNICATIONS.

PROTECT THE PUBLIC'S RIGHT UNDER THE BROWN ACT.

ENGAGE DISCUSSIONS ABOUT MATTERS WITHIN THE COMMISSION'S JURISDICTION AT NOTICE PUBLIC MEETINGS.

DO RECUSE YOURSELF WHEN YOU HAVE A CONFLICT OF IN OF INTEREST.

AND THEN DO ASK QUESTIONS IF YOU NEED HELP UNDERSTANDING THE RULES UNDER THE BROWN ACT.

ALLISON'S A GREAT RESOURCE.

I'M A GREAT RESOURCE AND WE ARE HERE TO ENSURE THAT YOU GUYS ARE CONDUCTING THESE MEETINGS AND ALLOWING YOURSELVES TO BE GOOD PRACTITIONERS OF THE BROWN ACT IN THIS SPACE.

ANY QUESTIONS? QUESTIONS? THERE WAS, IS A QUIZ AFTER ANY, LIKE EVERY YEAR? OF COURSE THERE IS EVERY YEAR.

OF COURSE IT'S GETTING HARDER EVERY YEAR.

WELL, YOU DID A FANTASTIC JOB.

THERE ARE NO QUESTIONS.

LOOK AT THAT.

IT'S A FANTASTIC BODY.

BUT THANK YOU GUYS.

, THANK YOU VERY MUCH.

UH, ANY MEMBERS OF THE PUBLIC WISHING TO SPEAK ON THIS ITEM? SEEING NONE.

ANY, UH, ANY VIRTUAL COMMENTS? IF YOU'RE JOINING US VIRTUALLY, WE'D LIKE TO PROVIDE PUBLIC COMMENT ON THIS ITEM.

PLEASE USE YOUR RAISE HAND FUNCTION AT THIS TIME.

ALRIGHT, THANK YOU.

ANY, ANY LAST CHANCE OR QUESTIONS? ANY TOUGH QUESTIONS? NO.

WE'LL CALL FURTHER VOTE PLEASE.

ANY, UH, MEMBERS OF THE PUBLIC WISHING TO SPEAK TO US ON A NON AGENDAS ITEM? SEEING NONE, ANY VIRTUAL COMMENTS? IF YOU'RE JOINING US VIRTUALLY, WE'D LIKE TO PROVIDE PUBLIC COMMENT ON A NON-AGENT ITEM.

HE DOESN'T LIKE ME TODAY.

NO.

ALL RIGHT.

NOW OUR NEXT ITEM IS A PUBLIC COMMENTS.

UH, MOTION CARRIES.

WHAT'S THAT? MOTION? MOTION CARRIES.

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

PLEASE USE RAISE HAND FUNCTION AT THIS TIME.

FROM THE COMMISSIONERS, PLEASE? COMMISSIONER, WHERE WE'RE GOING ON RECESS.

ANY PUBLIC ANNOUNCEMENTS

[ANNOUNCEMENTS]

UM, AND WE COME BACK ON THE 16TH.

UM, JUST WANNA RECORD, I WILL NOT BE HERE ON THE 16TH, SO I'LL RETURN OUR FIRST MEETING IN AUGUST.

AND ALSO I'M SUPER EXCITED.

OUR INTERNATIONAL CONFERENCE, UM, FOR BOMA IS BEING HOSTED HERE IN OUR CITY AND WE'RE DOING EVERYTHING IN LONG BEACH.

LIKE I'M KEEPING ALL 4,000 OF THEM HERE.

UM, WE HAVE PARTIES ALL OVER THE CITY, LOTS OF EVENTS, AND I'M LOOKING FORWARD TO HOSTING MY COLLEAGUES FROM ALL ACROSS THE COUNTRY IN OUR BEAUTIFUL CITY.

CONGRATULATIONS.

[02:55:02]

AND WHILE WE'RE TALKING ABOUT, UH, INAUGURAL, I THINK WE'RE INAUGURATING THE AMPHITHEATER THIS WEEKEND, I KNOW I'LL BE ATTENDING WITH MY FORMER CLASSMATE, SNOOP DOGG.

SO HOPEFULLY SOME OF YOU'LL BE THERE AND WE'LL NOT HAVE ANY EXPECTA, ANY CON UH, ANY CONVERSATIONS EITHER.

ONLY ABOUT ALCOHOL, I HOPE.

WE'LL ADJOURN THE MEETING OF THE PLANNING COMMISSION AT 7 54.

ALL RIGHT, COMMISSIONER.

OH, WELL, SIMPSON WON'T BE HERE.

I'LL WISH EVERYBODY A WONDERFUL 4TH OF JULY, SAFE, ET CETERA, AND HOPE WE DON'T MAKE IT THAT FAR.

ALRIGHT, ANY OTHER ADDITIONAL COMMENTS? SEEING NONE.

OH, WAIT.

OH YES, PLEASE.

I'D REALLY LIKE TO THANK JENNIFER OH YES.

FOR ALL HER WORK AND SUPPORT AND MAKE SURE.

THANK YOU, .

YOU'VE BEEN AN IMPORTANT PART.

APPRECIATE IT.

ALL RIGHT.

IF THERE ARE NO OBJECTIONS,

[ADJOURNMENT]