[00:00:02]
SHEENA.[Call to Order]
OKAY.THE REGULAR MEETING OF THE PLANNING COMMISSION IS CALLED TO ORDER AT 7:04 PM WE WILL NOW TAKE A MOMENT FOR SILENT PRAYER OR MEDIATION, FOLLOWED BY THE PLEDGE OF ALLEGIANCE, BEING LED BY VICE CHAIR WILLIAMS PLEDGE ALLEGIANCE TO COMPLY OF THE UNITED STATES OF AMERICA, AMERICA TO REPUBLIC FOR ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.
JOANNE, CAN YOU DO ROLL CALL? COMMISSIONER LEWIS? HERE.
[APPROVAL OF MINUTES]
MINUTES IN THE REGULAR MEETING ON FEBRUARY 13TH, 2024.DOES ANYONE HAVE ANY CHANGES TO THESE MINUTES? UH, I SEE THAT THERE IS A CORRECTION THAT HAS TO BE, UH, MADE ON PUBLIC HEARING.
ITEM NUMBER THREE FROM THAT MEETING, UH, WHERE IT INDICATES THE CITY ATTORNEY SAID THERE IS A PROCESS IN THE MUNICIPAL CODE THAT ALLOWS FOR RECONSIDERATION OF ACTIONS CROSS OUT, THAT CROSS OUT, HAVE CROSS OUT BIN, CROSS OUT, DENIED CROSS OUT, RESCINDED AND CROSS OUT OR, AND AMENDED AND REPLACE WITH TAKEN.
THERE WAS FURTHER DISCUSSION BY THE COMMISSION IS BEING RECOMMENDED BY CITY STAFF TO MAKE THAT CORRECTION.
SO ANY MORE CORRECTIONS SCENE? NONE.
UH, SO WE'LL GO AHEAD AND MAKE THOSE CORRECTIONS AND WE'LL MOVE ON TO ORAL COMMUNICATIONS.
WOULD ANYONE LIKE TO SPEAK ON AN ITEM THAT IS NOT ON THE AGENDA? SO, SO
[2. CONDITIONAL USE PERMIT NO. 24-02 CATEGORICAL EXEMPTION]
I BELIEVE THEY'RE ALL FOR ITEM NUMBER TWO, SO WE'LL, UH, MOVE ON TO, UH, THE PUBLIC HEARING.CONDITION ITEM NUMBER ONE, CONDITIONAL USE PERMIT NUMBER 24 DASH ZERO TWO CATEGORY, EXCEPT FOR APPLICANT OTAK YO LOCATION LOCATED AT 300 NORTH AUSA AVENUE IN WEST VNA, CALIFORNIA.
THE REQUEST IS THAT THE APPLICANT IS REQUESTING A CONDITIONAL USE PERMIT, CUP TO ALLOW FOR OFFSITE SALE, A BEER AND WINE TYPE 20 WITHIN AN EXISTING 541 SQUARE FOOT CONVENIENCE STORE AT A SERVICE STATION KNOWN AS ARCO, LOCATED IN A NEIGHBORHOOD COMMERCIAL NC ZONE.
UH, WHO WILL BE PRESENTING THE STAFF REPORT TONIGHT.
JOHN ASSOCIATE PLANNER MARIA MACHATA WILL BE PRESENTING THE STAFF REPORT.
THIS IS CONDITIONAL USE PERMIT 24 0 2 FOR THE PROPERTY SITUATED AT 300 NORTH AZUA AVENUE.
THE CONDITIONAL USE PERMIT BEING REQUESTED IS TO ALLOW FOR THE OFF SALE OF BEER AND WINE WITHIN AN EXISTING CONVENIENCE STORE AT A SERVICE STATION, THE EXISTING LOT SIZE IS 19,704 SQUARE FEET.
THE BUILDING SIZE IS 1,206 SQUARE FEET, AND THE CONVENIENCE STORE IS 541 SQUARE FEET.
THE PROPERTY IS ZONED NEIGHBORHOOD COMMERCIAL, AND IT IS LOCATED ON THE CORNER OF EAST WORKMAN AVENUE AND NORTH AZUA AVENUE.
IT IS SURROUNDED BY BOTH COMMERCIAL AND RESIDENTIAL USES.
THIS IS A PHOTO OF THE EXISTING CONVENIENCE STORE LOCATED AT THE SERVICE STATION.
HERE WE HAVE THE SITE PLAN SHOWING THE CONVENIENCE STORE IN COMPARISON TO THE OVERALL LOT FOR THEIR FLOOR PLAN.
[00:05:01]
PROPOSED LOCATIONS FOR THE BEER AND WINE.FOUR COOLERS WOULD BE DEDICATED TO THE BEER, AND TWO WOULD BE DEDICATED TO WINE.
BOTH, UM, LOCATIONS MEET THE REQUIREMENTS WITHIN, UM, OUR ORDINANCE, WHICH IS FIVE FEET AWAY FROM THE ENTRANCES, WHICH IS SHOWN ON THE FLOOR PLAN.
THE PRIMARY OPERATION OF THE BUSINESS IS A SERVICE STATION.
THEY, UM, HAVE TWO ACCESSORY USES, ONE BEING THE CONVENIENCE STORE AND THE SECOND BEING A MECHANICAL SHOP.
THEY HAVE FOUR EMPLOYEES AND THEY OPERATE SUNDAY THROUGH SATURDAY, 24 HOURS A DAY.
HOWEVER, THEY WILL BE LIMITING ALCOHOL SALES BETWEEN 8:00 AM AND 12:00 AM.
THE CURRENT SITE IS LOCATED, UM, IN A CENSUS TRACT WITH UNDUE CONCENTRATION.
THERE ARE CURRENTLY THREE OFF ALCOHOL LICENSES ISSUED TO NEIGHBORING USES.
THOSE NEIGHBORING USES BEING ROYAL CREST AREA, QUICK STOP LIQUOR IN MARKET AND LEPRECHAUN LIQUOR IN MARKET.
THE CURRENT, UM, ALLOWANCE PER THE CENSUS TRACT IS TWO.
UM, HOWEVER, A B, C CAN ISSUE A LICENSE OF PUBLIC CONVENIENCE OR NECESSITY IS DETERMINED BY THE LOCAL GOVERNING BODY.
THE PROPOSED USE IS WITHIN THE NEIGHBORHOOD COMMERCIAL ZONE, WHICH IS INTENDED TO PROVIDE SERVICES TO NEARBY RESIDENTIAL AREAS, AND THE CITY'S GENERAL PLAN DOES ENCOURAGE DIVERSITY OF USES WITHIN THIS ZONE, INCLUDING GROCERY STORES, MARKETS, OR IN THIS CASE, A GASOLINE STATION.
AS LONG AS IT PROVIDES ADEQUATE PHYSICAL AND SAFETY MEASURES, PLANNING STAFF RECOMMENDS ADOPTING RESOLUTION 24 DASH 6 1 4 7 APPROVING CUP 24 0 2.
I HAVE THE APPLICANT HERE IF WE HAVE ANY QUESTIONS FOR HIM, AND I'M HERE FOR ANY QUESTIONS AS WELL.
DOES THE COMMISSION HAVE ANY QUESTIONS FOR STAFF? NO, NO QUESTIONS.
UH, PART OF THE CONDITIONS OF APPROVAL, DID IT, DID IT INCLUDE A, UH, REQUIREMENT FOR C UH, FLOCK CAMERAS? YES, IT DID.
AND THOSE WERE, UM, WITH THE VERBIAGE OF CITY OPERATED FLOCK CAMERAS.
UM, LET ME VERIFY THE VERBIAGE.
UH, IT DOES SAY INTEGRATED WITH THE POLICE DEPARTMENT SYSTEM.
SO, WE'LL NOW, UH, CALL UP THE APPLICANT, UH, MR. UCK.
I'M THE, I'M THE APPLICANT FOR THE PROJECT.
I WANNA THANK YOU FOR YOUR TIME.
I'M HERE TO ANSWER ANY QUESTION YOU HAVE.
WE, UH, ACCEPT ALL THE CONDITIONS THAT THE CITY HAS FOR THE PROJECT, AND THE OWNER IS HERE IN CASE YOU HAVE ANY OTHER QUESTIONS.
UH, DOES THE COMMISSION HAVE ANY QUESTIONS FOR THE APPLICANT? NO.
ACTUALLY, I HAVE ONE QUESTION THAT CAME FROM THE PUBLIC, SINCE THE PUBLIC ALWAYS ASKS US ABOUT THIS QUESTION,
CAN YOU JUST EXPLAIN SOME OF THE, UH, SECURITY MEASURES OBVIOUSLY YOU HAVE IN PLACE AT THE, AT THE LOCATION TO ADDRESS THOSE ISSUES? OBVIOUSLY, ON THE, ON WHATEVER, WHENEVER THERE'S TIMES WHERE THERE'S CUSTOMERS ARGUING OR FIGHTING OUT THERE, WE HAVE, OBVIOUSLY WE HAVE CAMERAS THAT MONITORS THE, UH, YOU KNOW, THE, THE PREMISE 24 HOURS IS WELL LED.
AND IN CASE OF ANY PROBLEMS, WE TELL THE STAFF NOT TO GET ENGAGED WITH ANY, UH, YOU KNOW, ANY PERSON THAT'S MAKING THE THREATS OR ANY OTHER PROBLEM AND CALL THE POLICE.
YOU TRY TO TELL THE EMPLOYEES NOT TO GET ENGAGED WITH, WITH ANY, UH, TROUBLING INDIVIDUALS THAT ARE ON SITE.
THAT'S BASICALLY THE BEST WE CAN DO, HAVE WELL LED, UH, OF THE CAMERA.
SO IN CASE OF ANY PROBLEMS ON THE PREMISE.
AND THEN MY LAST QUESTION IS, DO YOU MIND, UM, UH, PUTTING ON THE, ON THE, ON THE REFRIGERATOR, SOMEWHERE ON THE REFRIGERATOR THAT SAYS 21 AND OVER, UH, Z ZONE? AND I KNOW, I KNOW THE OTHER TWO APPLICANTS, AG, OTHER TWO APPLICANTS, WE HAD AGREED ALSO TO THAT, WHICH IS JUST A, IT COULD EVEN BE THE ONE THAT A BC GIVES YOU, BUT THE STICKER THAT GOES ON THE, THE DOOR, THE WHEREVER THE BEER IS AT.
AND WE CAN MAKE IT AS A, A, YOU KNOW, STIPULATE THAT INTO THE CONDITION.
IF THAT SUITS THE CITY WE HAVE, WE ARE MORE THAN HAPPY TO DO IT.
YOU KNOW, WE ARE THE FIRST ONE TO ADVOCATE NOT TO SELL, YOU KNOW, UNDER THE 20, YOU KNOW, YEAH.
AGE BECAUSE OF THE LAWS AND BECAUSE OF THE MORALITY OF THE, THE LAW.
I THINK DOESN'T THE A HAVE A QUESTION C REQUIRE THAT THOUGH, DON'T THEY REQUIRE THAT I, EVERY TIME I,
[00:10:01]
OUR COLLEGE BEVERAGE CONTROL DOES REQUIRE THAT WE PUT IT ON THE, ON THE COUNTER.SO ANYBODY THAT COMES, THEY GET ACTUALLY IDD NOW, ALL THE COMPUTERS, THEY FIRST GET THE IDEA AND WE PUT IT IN THERE TO MAKE SURE THAT THE PERSON IS OVER 21 AND THEN MM-HMM.
ALSO THAT YOU'RE STOPPING THE SALES AT MIDNIGHT ACTUALLY PROBABLY DETERS SOME MORE, YOU KNOW, PROBLEMS, SO THAT'S PROBABLY A GOOD IDEA AS WELL.
ONE OF THE MEASURES WE DO, WE ACTUALLY PUT A LOCK ON ALL OF THE DOORS, SO THEY ACTUALLY LOCK 'EM UP AFTER 12 O'CLOCK.
SO NOBODY, EVEN IF SOMEBODY WANTS TO GET AND, AND, AND RUN WITH THE ALCOHOL, THEY'RE NOT ABLE TO DO IT.
THAT'S THE BEST MEASURE WE KNOW TO MM-HMM.
SO EACH, EACH INDIVIDUAL DOOR HAS A LOCK THAT THEY LOCK IT AFTER.
WELL, HOPEFULLY YOU WON'T HAVE ANY PROBLEMS. GENERALLY, THE POLICE OFFICERS SAY THAT THE PROBLEMS DON'T NORMALLY COME FROM THAT TYPE OF BUSINESS.
THEY USUALLY COME FROM THE BARS OR THINGS LIKE THAT, SO YOU WON'T HAVE ANY PROBLEMS. OKAY.
JUST HAVE A FEW FOLLOW UP QUESTIONS.
WHAT D DOES YOUR CONVENIENCE STORE STAY OPEN? 24 7? IT IS 24 HOURS, YES.
AND THEN, UM, HOW MANY EMPLOYEES ARE ON DUTY AT ANY GIVEN TIME DURING THE DAY? THERE ARE TWO, AND AT NIGHT IT'S ONE.
AND THEN CURRENTLY, CURRENTLY YOU HAVE, UH, REFRIGERATORS ON THAT, ON THAT WALL THERE.
RIGHT NOW, WHAT, WHAT ARE YOU CURRENT, WHAT ARE YOU CURRENTLY SELLING AND OUTSIDE OF THE, OUTSIDE OF THE REFRIGERATED SECTION, UH, WHAT ELSE DO YOU SELL? WE HAVE THE, JUST THE CONVENIENT GOODS.
YOU KNOW, WE HAVE CANDIES AND, YOU KNOW, WHAT HAVE YOU IN THE COOLERS, WE HAVE, UH, UH, WATER, WE HAVE SODAS, AND WE HAVE JUICES IN THE COOLERS.
SO OUTSIDE OF THE, OUTSIDE OF THE COOLER AREA, I GUESS THE QUESTION IS WHERE I, I I, I, I SAW THAT THERE WERE JUST A COUPLE OF LIKE, SMALL RACKS THAT WERE KIND OF IN FRONT OF THE CASHIER AREA.
WHAT, WHAT ELSE DO YOU, HOW, HOW MUCH OF YOUR TOTAL SALES IS FROM THE COOLERS VERSUS ON THOSE LIKE SMALL RACKS THAT ARE KIND OF THERE IN FRONT OF THE, THE CASHIERS, MAJORITY OF THE CELLS COME FROM THE COOLER, AND THOSE TWO CELLS, THEY ARE JUST THE AUXILIARY SALE FOR THE STATION.
BUT OVERALL, PREDOMINANTLY 85% OF THE, UH, THE INSIDE CELLS COME FROM THE, FROM THE, FROM THE, AND ONE OF THE REASON WE WANT TO GET THE ONE, 'CAUSE THAT BASICALLY HELPS THE SALE, UH, OF THE INSIDE, UH, THE, FOR THE PROFITABILITY OF THE STATION.
JUST MIND YOU, THIS IS ONE OF THE HIGHEST, UH, PAYING SALES TAX IN THE CITY.
UH, I THINK IT'S NUMBER THREE IN THE, IN THE CITY OF COVID, 19 THIRD OR FOURTH, JUST TO LET YOU KNOW.
ANY MORE QUESTIONS? PERMISSION? NO.
UH, TESTIMONY AND THOSE IN FAVOR.
UM, IT'S, I THINK THERE'S TWO NEUTRAL ONES HERE, WHICH GLEN KENNEDY, YOU WANT ME TO GO FIRST? YES.
WELL, I'M NOT REALLY NEUTRAL, BUT, UM, MY ISSUE IS, UH, WHEN THIS WAS PUT TOGETHER, IT WAS FOR 2000 SQUARE FOOT FACILITIES.
UH, IT WAS FOR EVERYBODY WHO TURNED THEIR SERVICE BAY INTO A MINI MART.
AND, UM, THEY STILL HAVE THEIR SERVICE BAY.
AND, AND LIKE HE SAYS, HE, HE, I THINK YOU'RE THE NUMBER ONE TAX REVENUE IN THE CITY.
YOU EVER GO BY THERE? THERE'S, THERE'S CARS WAITING IN THE STREET TO GET IN BECAUSE THEY HAVE THE CHEAPEST GAS IN TOWN.
HOWEVER, THERE'S NO PARKING AND THEY MAY MEET THE ONE OR TWO STALL REQUIREMENTS.
IT'S SO SMALL, BUT THERE'S NO PARKING THERE.
UM, AND I COUNTED 12 DOORS AND THEY GET SIX OF 'EM.
NO OTHER STORE'S GONNA GET 50% FOR ALCOHOL.
UM, ALSO, ALSO TAKE CONSIDERATION.
THE KEY, THE THE 76 ACROSS STREET IS A KIOSK.
ARE THEY GONNA BE ABLE TO SELL ALCOHOL? THIS IS SOME THINGS TO CONSIDER.
[00:15:01]
ALL RIGHT.UH, GLENN KIND OF TOOK A LITTLE BIT OF MY THUNDER THERE, BUT, UH, JUST TO GIVE YOU A LITTLE BACKGROUND, WHEN, UH, I WAS ON THIS COMMISSION, WE KICKED THIS AROUND FOR A LONG TIME, AND IT IS TRUE THAT WE ORIGINALLY HAD A MINIMUM SQUARE FOOTAGE THAT WE APPROVED AT 2000 SQUARE FEET.
THE REASON WAS THAT, UH, WE DIDN'T REALLY, WE TRIED TO, WELL, LEMME JUST GO BACK A LITTLE BIT.
THOSE IN OPPOSITION WERE CONCERNED THAT OVERNIGHT 17 GAS STATIONS WOULD ALL OF A SUDDEN BECOME LIQUOR STORES.
AND WE ASSURED THE PUBLIC A COUPLE OF THINGS.
ONE, EVERYONE, ANY APPLICATION FOR A CUP REQUIRES A PUBLIC HEARING AND WHICH IS WHAT YOU'RE HAVING TONIGHT, AND THERE'S NO REASON FOR YOU TO, YOU KNOW, RUBBER STAMP EVERYONE THAT COMES IN FRONT OF YOU.
SO THAT WAS A WAY TO, UH, KIND OF EASE THEIR FEARS.
BUT, UM, SOMEWHERE DOWN THE LINE, THE PREVIOUS CITY COUNCIL GOT RID OF THE MINIMUM SQUARE FOOTAGE REQUIREMENT.
AND THAT KIND OF SCARES ME A LOT.
'CAUSE AS MR. KENNEDY ALLUDED TO, I MEAN, WHERE, WHERE DO WE DRAW THE LINE? IT CONCERNS ME THAT, UH, AGAIN, BACK IN THE DAY, SERVICE STATIONS OFFERED SERVICE.
THEY HAD SERVICE BAYS, AND FOR SERVICE BAYS, YOU NEED TO HAVE MECHANICS AND MECHANICS.
YOU KNOW, YOU CAN'T PAY THEM A MINIMUM WAGE, YOU GOTTA PAY THEM A DECENT SALARY.
SO THE SERVICE BASE KIND OF WENT AWAY AND WERE REPLACED BY A MORE COST FRIENDLY CONVENIENCE STORE FOR THE OPERATOR.
AND WE TRIED TO, UM, GIVE OUR LOCAL BUSINESS PEOPLE THE OPPORTUNITY TO, TO COMPETE FAIRLY BY ALLOWING THEM TO SELL BEER AND WINE.
'CAUSE WE, WE HAD THIS BAN IN EFFECT FOR SO MANY YEARS, WHICH I DIDN'T FEEL WAS FAIR, AND WE FINALLY GOT RID OF IT.
BUT THIS PARTICULAR OPERATOR STILL HAS A SERVICE BAY, AND THE SIZE OF THE CONVENIENCE STORE IS EXTREMELY SMALL.
NOW GRANTED, HE IS WITHIN THE SQUARE FOOTAGE REQUIREMENT, BUT AS GLENN SAID, 50% OF THE REACH IN COOLERS WILL BE DEVOTED TO ALCOHOLIC BEVERAGES.
AND I JUST THINK THAT'S, I HAVE A PROBLEM WITH THAT.
AND HE ALSO MEETS THE, UH, THE, THE PARKING REQUIREMENT BECAUSE THE BUILDING IS SO SMALL, YOU ONLY NEED A COUPLE OF SPACES TO MEET THAT.
BUT I HAVE CONCERNS, UH, THAT THIS IS GONNA BE A PROBLEM GOING FORWARD.
AND I FEEL KIND OF FUNNY SAYING THAT BECAUSE I THINK COMMISSIONER HINGING KNOWS I WAS, YOU KNOW, VERY MUCH AN ADVOCATE OF THIS, AND I STILL AM.
BUT IT DOES CONCERN ME THAT ALL OF A SUDDEN WE'RE GOING TO HAVE, UH, UH, A LOT OF PEOPLE COMING FORWARD FOR APPLICANTS FOR APPLICATIONS THAT, UH, ARE GONNA BE, UH, TOO SMALL.
YOU KNOW, I MEAN, WHERE, WHERE DO WE DRAW THE LINE? THE ONLY GOOD THING IS, THE GOOD NEWS IS THAT EACH ONE, AS WE SAID, DOES REQUIRE A CUP, WHICH REQUIRES A PUBLIC HEARING.
AND IT'S UP TO YOU GUYS TO, LIKE I SAID, YOU DON'T HAVE TO AUTOMATICALLY APPROVE THEM ALL.
YOU NEED TO GIVE THEM, YOU KNOW, DUE DILIGENCE AND, UH, UH, YOU KNOW, MAKE A GOOD DECISION.
BUT IT DOES CONCERN ME THAT, UH, THIS IS JUST TOO SMALL.
SO I WISH YOU GOOD LUCK ON THIS ONE.
WE'LL MOVE ON TO, UM, CAN'T READ THEIR HANDWRITING HERE,
IT'S, UH, IT STARTS WITH AN S OKAY.
YOU, YOU COULD HELP US PRONOUNCE YOUR NAME ON, ON THE MIC FOR THE RECORD, JUST BECAUSE IT'S IN HA IT'S IN CURSIVE.
JUST, UH, STATE YOUR NAME FOR THE RECORD.
YEAH, AND CAN I SPEAK FOR A SECOND? YEAH.
SO I'M THE SEVEN FRANCHISEE FOR LAST 25 YEARS IN WEST COA.
WE RUN THREE LOCATIONS AND WE ARE SERVING THIS COMMUNITY, UM,
[00:20:01]
ON THREE LOCATIONS.AND WE WERE OPEN 24 HOURS DURING COVID.
ALTHOUGH FOOT TRAFFIC WAS VERY LOW.
SO STILL WE ARE NOT UP TO THAT NUMBER.
WE ARE STILL SUFFERING IN SALES, AND WE EMPLOY 2020 PEOPLE HERE.
AND THEY ALL LIVE IN WEST QUEEN.
SO I AM VERY CLOSE TO GAS STATION ACROSS THE STREET.
SO JUST CONSIDER THAT, HOW IT, IT WILL IMPACT US IN THE LONG RUN.
AND, UM, OUR EMPLOYEE, BECAUSE THEIR FAMILIES ARE HERE, THEY SHOP HERE AND THEY WORK WITH US FULL TIME.
JUST YOUR REQUEST FOR YOU MAKE GREAT.
AND JUST WHAT, WHAT WAS THE NAME OF YOUR BUSINESS? SEVEN 11.
AND THEN JUST, JUST YOUR NAME FOR THE RECORD.
THERE'S A SEVEN 11 ON AZUA THERE AT AZUA, RIGHT? THAT'S THE CLOSEST ONE, RIGHT? YEAH, HE'S THE FRANCIS AND AZUA.
THIS ONE'S OVER THERE ON, UM, ON SUSA.
YEAH, I ALL THREE OF THEM, RIGHT? YEAH.
HE OWNS THE ONE ON, UH, A SSA WORK, WHICH IS ACROSS THE STREET FROM THE GAS STATION.
SO WE'LL MOVE ON TO, UH, AZARIA.
YOU WANNA COME SPEAK? COME, COME.
DE WE ARE TWO IMPLY WE MAKE A LIVING.
WE'RE NOW, UM, IF THERE'S NO MORE SPEAKER, I DON'T SEE ANY MORE SPEAKER CARDS, UH, IN FAVOR OR OPPOSE.
UH, WE'RE NOW CLOSED THE PUBLIC HEARING AND OPEN DISCUSSION BY THE COMMISSION.
I WILL NOW OPEN, UH, THE FLOOR FOR COMMISSION DISCUSSION.
UH, COMMISSIONER LEWIS, ANY COMMENTS? I MEAN, I AM, I, I'LL, I'LL SAY THIS.
I, UM, GIVEN THE SIZE OF THE STORE, AND, YOU KNOW, HAVING, HAVING BEEN ON THAT SITE, HAVING GONE TO THAT ARCO COUNTLESS TIMES IN MY LIFE, UM, YOU KNOW, THE, THE SIZE OF THAT, OF THAT STORE IS JUST SO SMALL.
I, IT, IT, IT'S, UNFORTUNATELY, IT'S MORE OF A KIOSK THAN ANYTHING ELSE.
I MEAN, I, I ALWAYS VIEWED IT THAT WAY.
UM, SO I'M, I'M RELUCTANT TO TO SAY THAT PARTICULARLY WHEN WE ALREADY HAVE, UH, WHAT IS STATUTORILY AND UNDUE, UH, CONCENTRATION OF ALCOHOL SALES IN THAT TRACT TO GO ALONG WITH IT.
BUT I AM, I'M ALSO, I'M, I'M ALSO COGNIZANT OF THE FACT THAT, UM, FROM MY OWN PERSPECTIVE, I, I DON'T, I DON'T WANT TO IMPOSE SOME SORT OF ARBITRARY STANDARD WHERE THE, UH, THE CITY COUNCIL HAS, UH, HAS GIVEN US GUIDELINES AND THEY SEEM TO BE IN COMPLIANCE WITH THOSE GUIDELINES.
UM, MY CONCERN FACTUALLY THOUGH, AND, AND, AND I MAINTAIN THIS, IS, UM, YOU KNOW, EFFECTIVELY 80% OR 85% OF THE SALES ACCORDING TO THE APPLICANT ARE, UH, FROM THOSE COOLERS.
AND, YOU KNOW, IF WE'RE GOING TO SAY THAT HALF OF THOSE COOLERS ARE NOW GOING TO BE, UH, WINE AND BEER SALES, I, IT, IT, IT GETS INTO A LEVEL WHERE WE'RE TALKING ABOUT, OKAY, IF I SPLIT THE BABY AND I SAY 42 AND A HALF PERCENT OF THE SALES ARE ATTRIBUTABLE TO BEER AND WINE, ASSUMING THAT THAT'S WHAT ACTUALLY HAPPENS, UM, YOU KNOW, WE'RE, WE'RE GOING OVER THE, THE SPIRIT OF, OF THE UNDERLYING ORDINANCE THAT WAS PASSED BY THE CITY COUNCIL, WHICH REALLY WANTED THIS TO BE, UH, SORT OF AN, AN ACCESSORY, UH, SALES USE AS OPPOSED TO SOMETHING THAT WOULD BE A PRIMARY, UM, A, A PRIMARY SOURCE OF REVENUE.
NOW, ALBEIT I'M CERTAIN IT'S NOT A PRIMARY SOURCE OF REVENUE WHEN YOU INCLUDE GASOLINE, THERE'S JUST NO QUESTION ABOUT
[00:25:01]
THAT.IT'S JUST WHEN YOU TALK ABOUT THE CONVENIENCE STORE AS, UM, AS A WHOLE, UM, AND YOU EXCLUDE GASOLINE AND, AND YOU GET INTO THE DISCUSSION OF, WELL, THIS IS GONNA BE ABOUT 45, OR, YOU KNOW, 42.5% OF YOUR SALES, I, I'M, I'M TROUBLED BY THAT AND I'M, I, I KIND OF LEAN TOWARD, OKAY, WHAT WOULD BE, WHAT WOULD BE A MIDDLE GROUND THAT WOULD ALLOW THIS TO MOVE FORWARD, UM, BUT NOT IN SUCH A MANNER WHERE YOU'RE, YOU'RE HAVING A, UM, A SUBSTANTIAL, A SUBSTANTIAL AMOUNT OF THE STORE DEDICATED TO ALCOHOL SALES.
I'LL ALSO SAY, UM, HAVING PERSONALLY GONE THERE, AND, UM, IT WAS, IT WAS A LITTLE CONCERNING TO ME BECAUSE WHEN I WALKED IN, THERE WAS NO ONE AROUND.
UM, AND I DON'T KNOW IF THIS WAS JUST A ONE-OFF SOME EMERGENCY SITUATION COULD HAVE HAPPENED, BUT, UM, YOU KNOW, IF, IF THAT IS THE CASE AND THERE'S NOT SOMEBODY THERE TO, TO WATCH OVER WHAT IS GOING ON, THAT'S, THAT'S ANOTHER CONCERN I HAVE.
UM, AGAIN, I'M, I'M ON THE FENCE ON THIS ONE, AND I, I CERTAINLY WELCOME INPUT FROM, UH, FROM MY FELLOW COMMISSIONERS, BUT I'M, I'M LEANING TOWARD SOMETHING ALONG THE LINES OF POTENTIALLY ALLOWING MAYBE TWO OR THREE REFRIGERATORS TO BE ALLOWED, BUT CERTAINLY NOT SIX.
I THINK THAT'S TOO MANY GIVEN THE, THE, THE SIZE OF THE STORE.
AND FRANKLY, I MEAN, IT'S, IF THERE WERE TWO OF ME IN THAT STORE, I WOULD STRUGGLE TO GET PAST MYSELF.
UM, AND, AND SO, UH, THAT, THAT'S MY CONCERN FOR NOW.
I'LL, I'LL DEFER TO THE REST OF MY, UH, FELLOW, UM, WELL, IF YOU SAY THAT 85% OF THE SALES ARE DRINKS OR BEVERAGES, THEN UM, I'M NOT SURE IF THAT'S THE CHEAPEST GAS IN TOWN THAT'S ATTRACTING THE PEOPLE TO BE THIRSTY OR NOT.
BUT, UM, I THINK THAT IT'S PROBABLY THE GAS ATTRACTING THEM AND THEN THEY CAN DRINK, YOU KNOW, BUY THE BEVERAGES.
UM, MOST PEOPLE GOING TO GET GAS.
THEY CAN RUN IN AND GET, YOU KNOW, THEIR BEVERAGES OR WHATNOT.
AND THEN, I MEAN, IF I WAS GOING TO GET A BOTTLE OF WINE OR SOMETHING, I WOULDN'T GO TO A GAS STATION TO GET, I'D GO TO THE LIQUOR STORE.
BUT, UM, ESPECIALLY ONE THAT HAS HEAVY TRAFFIC, LIKE THEY'RE SAYING THAT THEY DO HAVE, UM, ANYWAYS, THAT BEING SAID, THEY'VE MET THE REQUIREMENTS.
THERE'S REALLY NOT, WE CANNOT MANDATE HOW MANY REFRIGERATORS THEY HAVE OR HOW MANY BEVERAGES.
THAT'S UP TO THE, OUR JOB HERE IS TO APPROVE FOR THE PERMIT.
AND, UM, IT IS A, B, C WHO WILL REGULATE HOW THEY OPERATE.
UH, I HAVE ONE QUICK QUESTION BEFORE WE CONTINUE ON THIS DISCUSSION.
UM, IS THIS MECHANICAL SHOP OPERATING CITY STAFF? YEAH.
ISN'T IT CONSIDERED A SERVICE STATION? YES.
THEN ISN'T THERE A, ISN'T THERE, OUR A, B, C RULE ON HAVING A SERVICE STATION AND SELLING ALCOHOL ON IT, PERMIT, PERMIT, MECHANICAL PERMIT ALLOWS THEM TO APPLY FOR THE PERMIT WITH A, B, C? YES.
AND THAT'S WHY THE CITY, THAT'S ALL WE DO, THAT IT GIVES THEM, DOESN'T MEAN HE GETS APPROVED.
HE NOW HAS TO APPLY WITH THE A, B, C NOW.
BUT I JUST WANNA CLARIFY THAT, UH, CITY ATTORNEY CAN DO YOU, DO YOU, CAN YOU INFORM US ON THE A, BC LAW IN REGARDS TO, UH, SERVICE STATION'S HAVING A MECHANICAL SHOP AND MM-HMM.
ISN'T THERE A RULE ON THAT? NOT HANDY.
I CAN LOOK IT UP IF YOU GIVE ME A FEW MINUTES.
WE'LL, WE'LL COME BACK TO THAT.
SO WE'LL MOVE ON TO, UH, COMMISSIONER HANE COMMENTS.
JUST TRADITIONALLY, I WANNA ADD THAT TRADITIONALLY IT IS TRUTH, UM, MAINLY GAS STATION DO SELL AND SERVICE, UM, THE CAR.
HOWEVER, IT SEEMS LIKE NOWADAYS IT'S MORE AND MORE PUSHED TOWARD, UH, NOT SERVING CAR.
IN, IN, IN THIS SITUATION IT'S A LITTLE BIT DIFFERENT THAT THEY HAVE BOTH, WHICH IS CAR AND ALSO, UM, SELLING GAS.
UM, I GUESS A WHILE BACK, I READ UP ON THE FACT THAT THEIR SERVICE STATIONS ARE PUSHING MORE AND MORE TOWARD, UM, SELLING FOOD AND BEVERAGES, WHICH IS, WHICH IS WHY WE'RE HERE TODAY.
AND REGARDING THE ALCOHOL, UM, IN TERMS OF THE PERCENTAGE, IT'S RELATIVE.
UM, THIS PARTICULAR CONVENIENCE STORE IS SMALL.
SO WHEN WE'RE TALKING ABOUT IF YOU HAVE, IF YOU ONLY HAVE TWO,
[00:30:01]
WHICH IS IT'S VERY SMALL, AND IF YOU ARE SELLING 50%, YOU ARE REALLY ONLY SELLING ONE.SO IN TERMS OF NUMBERS, WHAT ARE WE TALKING ABOUT? THE CONVENIENCE STORE CURRENTLY IS ABOUT 541 SQUARE FOOT, WHICH IS ABOUT THE SIZE OF A LITTLE BIT MORE THAN A SIZE OF A TWO CAR GARAGE.
SO, AND ALSO THE FACT THAT, AGAIN, IN TERMS OF NUMBERS, WE'RE TALKING ABOUT 50% ALCOHOL OR, UM, CHANGING THE SIZES OF THE FRIDGES OR WHAT HAVE YOU.
UM, IT'S RELATIVE BECAUSE OF THE SIZES OF THE STORE AS WELL.
UM, I'M NOT SURE IF APPROVING THIS WILL, I DON'T KNOW IF EVERYONE'S GONNA RUN OVER THERE AND BUY THEIR BEERS OVER THERE OR NOT, BUT I GUESS IF IN THE FUTURE WE'RE PUSHING MORE TOWARD SERVICING FOOD DRINKS IN A CONVENIENCE STORES, AND IT SEEMS LIKE THAT THAT'S THE WAY THAT, UM, GAS STATIONS ARE PUSHING FOR IT INSTEAD OF JUST SELLING GAS AND DOING SERVICE NOWADAYS.
SO I'M MOVING POSSIBLY THINK IT'S, IT'S, IT'S FINE IF PEOPLE WANTS TO BUY THEIR GAS AND STOP BY AND, AND, AND GET SOME TYPE OF BEVERAGE, UM, WHETHER IT'S, YOU KNOW, REGULAR DRINKS THAT IT'S COLD OR JUST, UM, BEER.
I PERSONALLY DON'T BUY IT AT THE GAS STATIONS, BUT ANYONE WHO WANTS TO JUST STOP BY, BUY GAS AND STOP BY THE STORES AND JUST GRAB SOMETHING QUICKLY, I MEAN, THAT'S UP TO RESIDENT HERE.
SO, YEAH, THAT'S ALL I HAVE TO SAY.
VICE CHAIRMAN WILLIAMS? YES, I, I HAD A QUESTION.
UM, IT APPEARS THAT THERE WERE EXISTING FOUR, UM, OFF SALE RETAIL LICENSE.
UM, ONE, WHICH IS THE CVS PHARMACY, THE NEWER ONE THAT'S NOW CLOSED.
SO TO BE HONEST, I DON'T HAVE A PROBLEM SINCE THEY HAD ALREADY HAD BEEN FOUR, UM, OFF SALE.
AND THE ONE BEFORE WAS A TYPE 21, WHICH SOLD CONSIDERABLY MORE ITEMS. AND SO MY QUESTION WOULD BE TO STAFF, UM, IN THE FUTURE, I DON'T KNOW WHAT BUSINESS MAY OCCUPY THE CVS IN THE FUTURE, BUT I IMAGINE WE'RE GONNA REVISIT THIS AGAIN.
UM, ISN'T WALMART'S GONE AWAY TOO, THAT WALMART, WALMART ISN'T A DIFFERENT, I UNPACK, IT'S IN A DIFFERENT CENSUS TRACK.
AND THE SEVEN 11 IS NOT IN THIS CENSUS TRACK.
AND THEN CITY ATTORNEY, GO AHEAD.
THANK YOU FOR THE OPPORTUNITY TO ACTUALLY LOOK AT THE DIFFERENT TYPES OF THE ALCOHOL SALES.
AS VICE CHAIR WILLIAMS HAS SAID, THERE ARE DIFFERENT CATEGORIES FOR BEER AND WINE, AND THERE ARE DIFFERENT CATEGORIES FOR GENERAL, WHICH INCLUDES MORE.
AND THERE ARE VERY SPECIFIC LOCATIONS AND THE DIFFERENT TYPES THAT GO TO THE DIFFERENT TYPES OF, OF, UH, BUSINESS ENTITIES SUCH AS RESTAURANTS OR, UM, MUSEUMS. AND, UM, THEY EVEN HAVE, UH, WINE GROWER'S AGENTS AND OTHER BED AND BREAKFAST EATING PLACES, PUBLIC PRE UH, PREMISES, FISHING PARTY BOATS.
THEY'RE ALL DIFFERENT CATEGORIES.
AND FOR THIS PARTICULAR CATEGORY OF A TYPE 20, THIS IS ISSUED SPECIFICALLY TO RETAIL STORES.
AND WITHIN THAT, THE CONVENIENCE STORE WOULD FALL UNDER RETAIL, WHICH IS WHY THEY'RE APPLYING FOR THIS PARTICULAR TYPE OF AN A, B, C LICENSE.
AND, UM, AS COMMISSIONER BECERRA HAD SAID EARLIER, THEY STILL HAVE TO GO THROUGH ALL OF THE A, B, C APPLICATION PROCESS.
AND FOR A, B, C TO, UM, ISSUE, THE PERMITS, THERE ARE A LOT MORE OF THE REQUIREMENTS THAT THEY STILL HAVE TO GO THROUGH.
SO THIS APPROVAL HERE IS NOT NECESSARILY SAYING, YOU KNOW, WHETHER YOU, YOU KNOW, AGREE WITH THE CATEGORIES OF A, B, C OR NOT, BUT THOSE, THAT, THAT IS WHAT IT FALLS UNDER.
AND FOR THE PURPOSES OF, UH, CONVENIENCE STORE ATTACHED TO A GAS STATION, IT DOES FALL UNDER THAT RETAIL STORE CATEGORY, WHICH IS WHY THEY ARE APPLYING FOR A TYPE 20.
SO, UH, I MEAN, I AGREE WITH COMMISSIONER LEWIS IN REGARDS TO THE LOCATIONS OF THESE, UH, BEER AND WINE LOCATIONS.
UM, I MEAN, MY CONCERN IS YOU HAVE TWO REFRIGERATOR TROOP, I CAN'T EVEN TALK TWO REFRIGERATORS ON THE LEFT THAT ARE DESIGNATED FOR, I'M ASSUMING REGULAR DRINKS.
AND THEN YOU HAVE BEER, BEER, BEER, BEER, AND THEN WINE.
WINE, AND THEN THE REGULAR DRINKS AGAIN.
[00:35:01]
SO, AND THEN, UM, THE SECOND QUESTION I HAVE FOR CITY STAFF, DID WE, UH, DO WE KNOW FOR A FACT IF THESE MEASUREMENTS ARE ACCURATE? BECAUSE THE COOLERS WOULD, LAST TIME I'VE BEEN THERE WAS VERY SMALL.THE CURRENT ONES WOULDN'T BE THE CORRECT SIZE BASED OFF WHAT THEY'RE PROPOSING NOW.
BUT, UM, IN REGARDS TO THE CURRENT DISTANCE, ARE THEY GONNA, I MEAN, THIS IS 7.3 FEET OF ROOM, SO THE PLANS WERE DRAWN, DRAWN, DRAWN TO SCALE.
UM, SO BASED OFF WHAT THEY'RE PROPOSING, THE SIZES WOULD BE CORRECT ON THE PLAN.
THE, THE APPLICANT IS GOING TO APPLY FOR, UM, TENANT IMPROVEMENT IN ORDER TO REMODEL THE EXISTING, UH, THE EXISTING CONVENIENCE STORE.
AND IN DOING SO, THEY WOULD HAVE TO GET PERMITS FROM BUILDING AND BUILDING, WOULD THE BUILDING INSPECTOR WOULD VERIFY THE MEASUREMENTS.
AND THEN, UM, MY SECOND QUESTION IS, UM, IS THERE ONLY ONE HANDICAP STALL BEING DESIGNATED FOR THIS LOCATION? YES.
THERE'S CURRENTLY ONLY ONE HANDICAP STALL TO THE RIGHT OF THE CONVENIENCE STORE.
AND IS THAT IN COMPLIANCE WITH THE
I'M JUST ASKING 'CAUSE I'M AN ADVOCATE FOR PEOPLE WITH DISABILITIES, SO JUST IF YOU'RE WANTING TO KNOW WHY I'M ASKING THAT QUESTION.
YEAH, THE FEDERAL GOVERNMENT AND THE STATE.
SO I'M JUST ASKING CITY STAFF IF THEY, IF THEY LOOKED INTO IT.
UM, ANY MORE COMMENTS BY THE COMMISSION? IF NOT, OKAY, WE'LL MOVE ON TO, UH, IS THERE A, IS THERE A MOTION? A MOTION TO APPROVE? OKAY.
IS THERE A SECOND? I'LL SECOND THAT.
HERE WE HAVE A MOTION BY COMMISSIONER RA AND, UH, SECOND BY COMMISSIONER HAYNE.
UH, JOANNE, CAN YOU DO ROLL CALL? PLEASE VERIFY THE MOTION AND THEN, UH, DO ROLL CALL
THE, THE MOTION IS TO APPROVE THE CONDITIONAL USE PERMIT NUMBER 24 0 2 AND THE RESOLUTION NUMBER WOULD BE 24 DASH 6 1 4 7.
AND I'LL GO AHEAD AND DO THE ROLL CALL.
COMMISSIONER LEWIS, I'M IN FAVOR OF APPROVING IT, BUT NOT AT THIS SCALE, SO NO.
IS THE, UM, IS WHERE THE REFRIGERATOR, WHERE IF THE, UH, SORRY, IS THE LOCATION OF WHERE THE BEER AND WINE I'M GOING, IS THERE A REASON WHY THERE'S TWO LEFT OPEN ON THE LEFT AND WHY THERE'S SOME ON THE RIGHT.
WHY COULDN'T IT ALL BE IN ONE SECTION? THAT QUESTION WOULD BE DEFERRED TO THE APPLICANT.
SO I'M GONNA, BEFORE I CAST MY VOTE, I'M GONNA OPEN UP THIS, UH, COMMISSION DISCUSSION, UH, OPEN UP PUBLIC DISCUSSION.
I'M CALL IT APPLICANT BACK UP.
I WANNA ASK THAT QUESTION, BUT I WANNA GO BACK TO ONE OF THE QUESTIONS YOU ASKED IN REGARD TO THE ACCURACY OF THE DRAWINGS.
I'M THEIR LICENSED ARCHITECT INSTEAD OF CALIFORNIA, AND THESE DRAWINGS WERE DRAWN BY MY STAFF AND I CERTIFY TO THE CORRECTNESS AND MEASURE.
AND AS FAR AS THE LOCATION OF THE BEER AND WINE, THAT'S JUST THE WAY WE DID IT BECAUSE THAT WE THOUGHT THAT WAS MAYBE BRING THE MOST SALE.
AND ANOTHER QUESTION I WANT, ANOTHER COMMENT I WANTED TO MAKE, THE TOTAL SALES FOR THIS CONVENIENCE STORE IS ABOUT $12,000 A MONTH.
SO IT'S NOT A HUNDRED THOUSAND DOLLARS A MONTH CONVENIENCE STORE, LOCATION AND SALE.
[00:40:01]
SCALE OF THE SALE OF THE BEER AND WINE WOULD BE PROBABLY ABOUT $4,000 A MONTH.SHOULD WE BE ABOUT A HUNDRED AND PROBABLY $50 A DAY.
SO I WANT YOU TO UNDERSTAND THE SCALE OF THE SALE OF THE ALCOHOL IN RELATION TO THE OVERALL AND TOTALITY OF THE SALE OF THIS STATION.
AND IF YOU, AND IF YOU WANT TO CHANGE THE LOCATION OF THE YOU ON ONE, WE'D BE MORE THAN HAPPY TO, UH, YOU KNOW, ARE YOU, ARE YOU, ARE YOU AGREEABLE? IF, IF, ARE YOU OPEN TO OR AGREEABLE TO PUTTING THOSE, THOSE, THOSE REMAINING TWO WINE LOCATIONS ALL ON THE LEFT SIDE? OF COURSE.
AND THEN YOU COULD PUT IT, I MEAN, VICE VERSA, BUT AT LEAST YOU HAVE NOW ALL ALCOHOL ON ONE SECTION AND ALL THE REGULAR DRINKS.
SO, AND THEN PLUS IT KEEPS, IT KEEPS KIDS AWAY FROM, FROM GOING INTO THAT SECTION TOO.
SO YEAH, OF COURSE THIS, I THINK IT'LL BE FINE.
IT WOULD, WE WOULDN'T HAVE ANY PROBLEM WITH THAT.
WAIT, SINCE YOU'RE UP HERE AND SINCE YOU SHARED THE INFORMATION EARLIER, I FIND IT QUITE INTERESTING.
SO IN RELATIVE TO THE SALES OF THE CONVENIENT FOOD AND DRINKS, WHAT ABOUT THE GAS PORTION? PERCENTAGE WISE? THIS LOCATION SELLS 600,000 GALLON A MONTH OF GASOLINE, WHICH IS PROBABLY ABOUT 600,000 TIMES.
THAT'S, YOU'RE TALKING ABOUT $4 MILLION A MONTH OF GASOLINE.
SO PREDOMINANTLY THE BUSINESS GOT 4 MILLION, YOU'RE ONLY SELLING $12,000 WORTH OF.
AND THE REASON THEY DO THAT, BECAUSE THEY WANNA SERVICE, A LOT OF THE CLIENTS WALK IN THERE BECAUSE THEY WANT TO STOP AND GET GAS.
AND A LOT OF TIMES OFTENTIMES THEY ASK THE OWNER, HOW COME YOU DON'T HAVE BEYOND WINE? SO THAT'S ONE OF THE REASON THAT PREDOMINANTLY THE CUSTOMERS HAVE BEEN ASKING THEM WHY YOU DON'T HAVE BEYOND WINE.
'CAUSE IN RELATION TO REALLY THE SALE OF THE GASOLINE, THIS IS VERY, VERY, VERY MINUTE.
BUT NEVERTHELESS HE HAS A FEW GAS STATIONS, SO HE, ONE OF THE REASON HE WANTED TO SERVICE HIS CUSTOMERS IS, YOU KNOW, WHAT HAS, YOU KNOW, THANK YOU TO DO THIS.
'CAUSE THAT ANSWERS WHAT I WAS TALKING ABOUT EARLIER AS WELL BECAUSE 85% OF SALES CANNOT BE FOR, I MEAN, GETTING BEVERAGES, OBVIOUSLY HE HAS A GOOD BUSINESS.
HE'S GOT CHEAP GAS, EVERYBODY.
TELL ME THE, THE RELATION OF SALE OF ALCOHOL TO THE TOTALITY OF THE SALE OF THE STATION IS VERY, VERY, VERY SMALL, JUST FOR YOUR INFORMATION.
SO IF CITY STAFF CAN REFLECT THE APPLICANT'S AGREE, THE APPLICANT IS AGREEABLE TO PUTTING THE ALL ALCOHOL IN ONE SECTION.
FOR CLARIFICATION ON THE MOTION, WE WERE IN THE MIDDLE OF A VOTE.
IS THAT AN AMENDMENT OR A, I'M TRYING TO FIGURE OUT IS THAT AN ADDITIONAL CONDITION THAT NEEDS TO BE WRITTEN INTO THE RESOLUTION? BECAUSE THAT MIGHT CHANGE THE MOTION.
WE HAVE ONE MORE VOTE PENDING.
SO I DIDN'T KNOW IF, IF, IF THAT IS AMENDED.
IT WOULD HAVE TO BE, IF THAT'S APPROVED BY THE A, B, C MM-HMM.
THAT WOULD NEED TO COME BACK THEN.
I WANTED TO MAKE SURE YOU WERE VERY CLEAR ON WHAT YOU'RE, WHAT THE MOTION IS AND WHAT YOU'RE ACTUALLY VOTING ON TONIGHT.
WELL, I I KNOW IT'S, IT'S BEYOND THE FIVE FEET REQUIREMENT.
SO, AND, AND I, AND THEN BASED UPON CITY STAFF'S, UH, EXPLANATION AND ALL THE APPLICANTS, THEY'RE GONNA BE REMODELING THE WHOLE INSIDE.
AND AS WE'VE GONE THROUGH THE TWO PREVIOUS PERMITS THAT WE'VE APPROVED, WE'VE LEARNED THEN TOO THAT, I MEAN, A B C'S GONNA GO IN THERE AND TELL HIM WHERE HE CAN PUT EVERYTHING.
SO THIS, THAT'S KIND OF A MOOT POINT.
SO JUST SO I DON'T THINK THERE'S A, I DON'T, I DON'T THINK I HAVE TO PUT THE, UH, I'M NOT REQUESTING THE REQUIREMENT BE PUT IN IT, BUT THE APPLICANT IS AGREEABLE IF I'M NOT MISTAKEN TO PUT ALL HIS ALCOHOL ON ONE SIDE OF THE STORE.
I'M ALLOWING THE APPLICANT COME BACK UP.
WE DO AGREE AND WE GO ON THE RECORD TO SAY ALL OF THE ALCOHOL WILL BE ON THE LEFT SIDE OR IF THE CITY WANTS ON THE RIGHT SIDE, ALL, ALL OF THE SIX COOLERS WILL BE ON ONE SIDE.
SO HE, THE APPLICANT IS SAYING THAT HE'S AGREEABLE TO PUTTING HIS ALCOHOL ON EITHER SIDE, SO, SO THE DESIRE OF THE, THE COMMISSION IS TO NOTE THAT IN THE RECORD, IS THAT CORRECT? BUT NOT CHANGE THE MOTION? EXACTLY.
SO WE'LL GO BACK TO THAT, UM, MOTION THAT WAS ON THE FLOOR.
UM, DO WE WANT TO CLARIFY THE MOTION THAT WAS ON THE FLOOR AND WE, THEY WERE, WE WERE VOTING ON, JUST FOR THE RECORD, THE MOTION WAS TO APPROVE CONDITIONAL USE PERMIT NUMBER 24 DASH ZERO TWO AS PRESENTED BY STAFF.
UM, AND THE RESOLUTION NUMBER IS 24 DASH 6 1 4 7.
[00:45:03]
GREAT.UM, COMMISSIONER GUTTIER, UH, I'M SORRY.
SO, UM, THIS ACTION IS FINAL UNLESS APPEAL TO THE CITY COUNCIL WITHIN 10 DAYS.
THE APPEAL MUST BE SUBMITTED IN WRITING TO THE CITY CLERK'S OFFICE WITHIN 10 DAYS.
WE'RE NOT LET HER SAY MOTION PASS.
AND, UH, GO AHEAD TO CLARIFY THE VOTE OF THE MOTION PASSED
UH, COMMISSIONER LEWIS VOTED NO AND CHAIR GUTIERREZ ABSTAINED.
MY CLIPS THAT HAPPENED YESTERDAY,
SO, UM, NOW, UM, SINCE THAT'S BEEN CLARIFIED, UH, THIS ACTION IS FINAL UNLESS APPEALED TO THE CITY COUNCIL WITHIN 10 DAYS.
THIS, THE APPEAL MUST BE SUBMITTED IN WRITING TO THE CITY CLERK'S OFFICE WITHIN 10 DAYS.
[3. ART IN PUBLIC PLACES NO 24-02 (PHASE 2) 1115 S. SUNSET AVENUE - EMANATE HEALTH (QUEEN OF THE VALLEY)]
TO NON-HEARING ITEMS ARE IN PUBLIC BASIS.NUMBER 24 DASH ZERO TWO, PHASE TWO CATEGORIAL EXEMPTION FOR 1 1 1 5 SOUTH SUNSET AVENUE IN EE, HOW GREEN OF THE VALLEY, WHO WILL BE PRESENTING CITY, THE CITY STAFF REPORT.
I'LL BE PRESENTING THE STAFF REPORT FOR THIS ITEM.
THIS IS PHASE TWO OF THE QUEEN OF THE VALLEY ARTS AND PUBLIC PLACES REQUIREMENT.
TO SUMMARIZE THE, THE PREVIOUS APPROVAL ON JANUARY 20, ON, ON JANUARY 26TH, 2021, THE PLANNING COMMISSION APPROVED PRECISE PLAN NUMBER 20 DASH 24, WHICH ALLOWED FOR THE CONSTRUCTION OF THE MEDICAL OFFICE BUILDING PARKING STRUCTURE AND EMERGENCY DEPARTMENT AND ICU HOSPITAL ADDITIONS.
AS PART OF THE REQUIREMENT, 1% OF THE EVALUATION OF THAT PROJECT IS REQUIRED TO BE PROVIDED FOR, UM, TOWARDS THE ARTS AND PUBLIC PLACES PROGRAM.
AND ON NOVEMBER 22ND, 2022, THE, THE PLANNING COMMISSION APPROVED THE CONCEPT FOR THE AERIAL SCULPTURE WITHIN THE MEDICAL OFFICE BUILDING.
AND ON FEBRUARY 28TH, 2023, THE PLANNING COMMISSION APPROVED THE DESIGN FOR THE MURAL.
THOSE ARE THE ARTS AND PUBLIC PLACES FOR THE PHASE ONE.
THE ARTISTS THAT WAS SELECTED FOR, UM, THE PHASE TWO WILL ENTAIL TWO SCULPTURES.
THE ARTIST SELECTED FOR THE FIRST SCULPTURE IS CHRISTOPHER PIO, AND THE LOCATION OF THE FIRST SCULPTURE WILL BE ON THE SOUTHEAST SIDE OF THE MEDICAL OFFICE BUILDING, WHICH IS THE FRONT OF THE MEDICAL OFFICE.
BUILDING ON THE PROJECTOR IS A PHOTOGRAPH OF THE LOCATION.
THERE ARE CURRENTLY THREE, THREE TREES IN THIS LOCATION, WHICH WILL BE RELOCATED TO ALLOW FOR THE SCULPT INSULATION OF THE SCULPTURE.
AND AS FAR AS MR. SEO'S ARTWORK, MR. PEO HAS CREATED ARTWORK THROUGHOUT CALIFORNIA AND THE UNITED STATES, INCLUDING PUBLIC ART COMMISSIONS IN THE CITIES OF BREA, LA JOLLA, SAN DIEGO, SAN FRANCISCO, SEATTLE, AND MIAMI.
AND ON THE PRO ON THE PROJECTOR ARE FOUR EXAMPLES OF THE PUBLIC ARTS AND PUBLIC ART THAT HE HAD COMMISSIONED.
ON THE PROJECTOR IS THE CONCEPT FOR THE PUB.
THE ARTWORK, THE MATERIAL THAT WILL BE USED IS POWDER COVERED STEEL FEATURING CIRCULAR G OR GEOMETRIC PATTERNS.
THE CONCEPT WAS SELECTED BECAUSE OF EMINENCE INTEREST IN SHOW CASING ARTWORK THAT INTEGRATED THE REGIONAL LANDSCAPE WITH PATTERNS FOUND IN BIOLOGY.
THE SCULPTURE WILL BE 20 FEET IN HEIGHT AND SPAN UP TO 20 FEET IN WIDTH.
AND THE BUDGET FOR THIS SCULPTURE IS 300,000.
IS THAT 20 FEET HEIGHTS OR 12 FEET HEIGHTS? 12 FEET.
[00:50:01]
THE SECOND SCULPTURE, IT WOULD BE LOCATED BETWEEN THE WA ON THE WALKWAY OR LANDSCAPED AREA BETWEEN THE MEDICAL OFFICE BUILDING AND PARKING STRUCTURE.
THE ARTIST ELECTED IS NICK AND THE PHOTOGRAPH OF THE LOCATION IS ON THE PROJECTOR.
MR. PATRON'S ARTWORK COULD BE FOUND.
HE, HE HAS A SCULPTURE IN THE J PAUL GETTY MUSEUM.
UM, HE ALSO HAS PUBLIC ARTWORK, UM, THAT CAN BE FOUND IN FRONT OF THE GODFREY HOTEL IN LOS ANGELES, WHICH IS THIS, UM, PHOTOGRAPH ON THE TOP LEFT, THE WALDORF HISTORIA IN BEVERLY HILLS, THE NATIONAL SCULPTURE AT, AND ALSO AT THE, AT THE NATIONAL SCULPTURE CENTER IN DALLAS AND IN DISNEY THEME PARKS WORLDWIDE.
THE PROJECTOR IS THE SKETCH OF THE CONCEPT FOR THE SCULPTURE.
THE MATERIAL USED WOULD BE POWDERED COVERED STEEL IN EMINENCE.
CORPORATE BLUE, THE SCULPTURE WILL BE 11 FEET TALL AND TWO FEET THREE INCHES WIDE, AND IT WILL DE DEPICT BIRDS IN FLIGHT.
THE BUDGET FOR THIS SCULPTURE WOULD BE $200,000 ON THE PROJECTOR AS A TOTAL BUDGET FOR THE ARTS AND PUBLIC PLACES EXIST, UM, INSTALLED AND WHICH IS PHASE ONE.
SO THIS WOULD INCLUDE THE, THE SUSPENDED SCULPTURE FOR PHASE ONE, THE MURAL, P PEO SCULPTURE, PETRO SCULPTURE, AND ALSO THE FOOTINGS FOR THE INSTALLATION OF THE PEO AND PETZE SCULPTURES.
THE BALANCE WOULD BE 77,157, WHICH WILL BE ANTICIPATED TO BE PROVIDED IN PHASE THREE.
UM, THE SUSPENDED SCULPTURE WAS MORE THE REMAINING BUDGET.
UM, ACCORDING TO THE APPLICANT, THERE IS A, AN ADJUSTMENT IN THE, IN THE BUDGET.
SO THE ACTUAL, THE COST FOR THE SUSPENDED SCULPTURE IS ACT WAS ACTUALLY LESS THAN WHAT WAS ORIGINALLY BUT BUDGETED.
AND HE WILL PROVIDE THE FIGURES, UM, TO STAFF WITH THIS.
STAFF IS RECOMMENDING THAT THE PLANNING COMMISSION APPROVE THE CONCEPT DESIGN OF THE SCULPTURES.
CAN MR. KEN COLOR IS THE APPLICANT? UM, HE WILL BE ABLE TO DISCUSS THE, THE PROJECT IN MORE DETAIL.
QUESTIONS? NO, I WAS JUST
BUT, BUT IN RELATIVE TO THE BUILDING ITSELF, YOU DON'T HAVE A SCALE TO THE I DO NOT.
THE BUILDING I BELIEVE IS THREE FLOORS.
SO IT, IT'S GOING TO BE, YOU KNOW, ABOUT ONE FLOOR TALL AS THE BUILDING.
COMMISSIONER LEWIS, I HAVE A QUESTION REGARDING, SO THIS, OKAY, SO IN, IN MY REPORT, AND I APOLOGIZE, UNFORTUNATELY IT'S VERY SMALL HERE, BUT THERE'S A PATTERN THERE YOU CAN SEE RIGHT HERE.
AND IT LOOKS LIKE THESE ARE, IT'S ALMOST LIKE THESE, I GUESS THESE CIRCLES,
IS THAT, THAT KIND OF THE LOOK THAT IS A PICTURE OF THE CONSTRUCTION.
THE ACTUAL FINISHED PROJECT WILL BE POWDER COATED AND SMOOTH AND IT WILL NOT LOOK NEAR THAT ROUGH.
IT WOULD BE A VERY FINISHED LOOKING PIECE OF PAPER.
I MEAN, I'LL I'LL SAY THAT IS I SAW MYSELF, I SAW THAT MYSELF AND I WAS GOING VERY AESTHETICALLY DISPLEASING.
YEAH, NO, I SEE WHERE YOU'RE COMING FROM NOW.
AND SO I, IT'S NOT GONNA LOOK LIKE THAT.
AND SO THIS IS GONNA GO, UM, OKAY.
I JUST WANT TO, AND, AND THE POWDER COATING IS GOING TO
[00:55:01]
BE, UM, IS IT GONNA BE SORT OF A GRAY-ISH OR GOLD? I DON'T KNOW.THE PRINTOUT IS KIND OF GOLDISH.
IT'S STILL, IT'LL BE A METALLIC.
SO LIKE A DULL, LIKE A DULL METALLIC.
OKAY, SO GRAY METALLIC OR SORT OF, IT'S, IT LOOKS SORT OF BRONZED HERE.
THAT'S THE REASON WHY, WHY I'M NOT GONNA BE, IT'D BE MORE GRAYISH SILVER.
SO IT'S, SO THIS WOULD BE MORE OF AN ACCURATE PORTRAYAL? YES.
I JUST WANNA MAKE SURE THAT I'M CLEAR ON IT.
'CAUSE IT, IT LOOKS A LITTLE, UH, IT JUST LOOKED A LITTLE STRANGE HOW, HOW IT CAME OUT.
I SEE WHERE YOU'RE COMING FROM.
AND THEN THE, THE SAME FOR THE, I, I GUESS THE, THE DOVES SO TO SPEAK.
BUT THAT'S GONNA BE THE SAME SORT OF FINISH.
THAT WILL BE AN LIKE AN AUTOMOTIVE FINISH ON IT.
IT'LL BE, IT WILL BE POWDER COATED.
AND IT WILL BE, IT WILL BE A TEAL BLUE.
YOU CAN SEE THE, THERE IS A PICTURE OF THE, THE COLOR.
IF YOU CAN SEE THE POWDER COATING ON PAGE THERE, YOU SEE IT ON? OH YEAH, PAGE EIGHT.
I WISH WE COULD HAVE A RENDERING OF THAT BECAUSE I, IT JUST SEEMS LIKE A VERY, IT SEEMS LIKE A, I I DON'T KNOW THAT I'VE EVER SEEN ANYTHING POWDER COATED THAT COLOR
OH, IT'S, YOU CAN POWDER COAT ANYTHING VIRTUALLY.
OH, OH, I'M, I'M SURE YOU CAN.
I'M, I, I'M, I'M NOT DISPUTING THAT.
I'M JUST SAYING I DON'T THINK I'VE EVER SEEN A SCULPTURE POWDER COATED LIKE THAT IN WITH THAT COLOR KIND OF, UH, LOOK, ESPECIALLY IF IT'S GONNA BE, HAVE A METALLIC LOOK CORRECT? NO, IT'S, IT'S MORE LIKE A, LIKE A, LIKE AN AUTOMOBILE FINISH.
GONNA BE
THE WHOLE THING'S GONNA BE ONE COLOR.
UM, BACK TO THE DETAILED QUESTION OF THE CIRCULAR PATTERN.
IT APPEARS LIKE A LITTLE DETAIL CLOSE UP.
IT HAS THE LITTLE DOT THAT, UM, COMMISSIONER NICHOLAS WAS TALKING ABOUT ON WELL, THE WELL MARKS CORRECT.
UM, IT SEEMS LIKE THE BIG PICTURE, UH, THE ORIGINAL PICTURE AT SAN DIEGO IS, DOES APPEAR LIKE IT HAS THE WELL MAR UH, THOSE LITTLE CIRCULAR MARK AS WELL.
IT'S NOT GONNA LOOK DOWN UNFINISHED, UH, WHATSOEVER.
THIS, THIS ARTIST HAS BEEN WELL RECEIVED.
I'VE ACTUALLY WORKED WITH THIS ARTIST ON A PAST PROJECT AND IT WAS VERY WELL RECEIVED BY, NOT BY THE, UH, ART AND PUBLIC PLACES COMMISSION IN SAN DIEGO AND THE CLIENT AS WELL.
UM, I COULD GET A BETTER RENDERING.
I DO HAVE PICTURES OF ON MY PHONE.
YOU MAY NOT BE ABLE TO SEE IT BECAUSE IT'S 12 FOOT UP IN THE LITTLE CIRCLE.
UM, I I THINK IT MIGHT BE THERE STILL.
IT IS A, WHEN IT'S COMPLETED, IT'LL BE A NO NO.
IT'LL BE LIKE A, AS I SAY, LIKE A SILVER GRAY.
IT'S GOING TO BE A VERY FINISHED LOOKING.
SEE, LEMME SEE IF I HAVE IT HERE.
PARDON? DRAW THE SAME COLOR THE BIRDS WILL BE IN.
WHAT'S THE, WHAT THE THEME IS LIKE A, UH, A LIFT UPLIFTING OF THE SPIRIT.
I'M COMING OUT AND BREAKING FREE FROM THE SCULPTURE.
IF THE CIRCULAR SCULPTURE ITSELF IS BLUE, WELL, THE BIRD STANDS OUT.
PARDON? IF THE CIRCULAR PORTION, IT SEEMS LIKE THERE'S A CIRCULAR, RIGHT.
AND THEN THE BIRD ITSELF IS ALSO PARTICLE BLUE.
I MEAN, DOES IT TAKE A LOOK AT THE PHOTO AND YOU'LL SEE THAT THIS IS NEGATIVE SPACE? YEAH.
LOOK, IF NOT THE PHOTO I SEEN THE RENDERING.
YOU CAN SEE HOW, CAN YOU SEE HOW THERE IS LIKE A LINE BEHIND THE BIRDS? I GUESS IT WASN'T WELL DESCRIBED IN, IN THE RENDERING.
THAT WILL ACTUALLY BE, THE BIRDS WILL BE BREAKING AWAY FROM THE SCULPTURE AND WHERE THEY BREAK AWAY, THERE'LL BE A NEGATIVE CUTOUT IN THE SCULPTURE, BUT THEY'VE JUST EMERGED FROM THE SCULPTURE.
OH YEAH, I THINK IT'S, UH, YEAH.
I THINK THESE ARE UNIFIED CUL UH, SCULPTURES.
NOW, UM, DO YOU, DOES UH, IS THERE ANY INTENTION
[01:00:01]
TO LIGHT THESE UP AT NIGHT TO LIGHT THEM UP AT NIGHTTIME AT THIS POINT? NO.IT IS A MEDICAL OFFICE BUILDING, SO I BELIEVE THE HOURS OF OPERATION AREN'T REALLY GOING TO EXTEND INTO THE NIGHT TOO MUCH.
BUT, UM, IT'S NOT THE SAME AREA AS THE HO THE MAIN HOSPITAL.
ER, THE ER IS ON THE OTHER SIDE.
THE, THIS, THE APPROACH TO THIS IS THE ME, THE MOB, WHICH I BELIEVE WILL HAVE, OF COURSE THE ER IS GONNA BE OPEN, BUT THE SCULPTURES ARE NOT ON THAT SIDE.
THEY'RE ON MORE OF THE SIDE OF THE, UM, MOB.
THAT WOULD LOOK REALLY NICE ACTUALLY.
SO, UM, I'M NOT SAYING I, I MEAN THEY HAVE A, THEY HAVE A BIG BUDGET REMAINING.
DID YOU SEE THE MIRROR, THE, OUR FIRST INSTALLATION THERE? ARE THEY, ARE THEY ALLOWED TO USE IF THEY WANTED TO THE REMAINING BUDGET ON, LET'S SAY THEY WANTED TO INTEGRATE SOME SORT OF ADDITIONAL LIGHTING FOR THOSE SCULPTURES, JOANNE? YES.
WE, UH, WE HAVE ANOTHER AREA THAT'S MIGHT BE DESIGNATED, BUT WE MIGHT HAVE MONEY FOR BOTH.
I'LL, I'LL, I'LL DEFINITELY BRING THAT UP TO THE CLIENT.
UM, LET THEM KNOW THAT, I MEAN, THIS IS SUCH A UNIQUE HOSPITAL AND, AND I THINK SHOW SHOWCASING WHAT THIS HOSPITAL HAS ON ITS CAMPUS, ESPECIALLY THESE ART PIECES ARE, I THINK, INSTRUMENTAL FOR YEARS AND YEARS TO COME.
'CAUSE IT GIVES THE PEOPLE, IT GIVES PEOPLE THE OPPORTUNITY TO VISIT THE CAMPUS AND, AND SEE FIRSTHAND SOME OF THE MOST UNIQUE ARTIST SCULPTURES IN SOUTHERN CALIFORNIA.
SO I'M VERY PROUD OF THE WORK WE'RE DOING THERE.
DID YOU SEE THE S DID YOU SEE THE MURAL? BUT NO, I HAVE NOT.
IT'S BEEN, WAS VERY WELL RECEIVED BY THE MAYOR AND EVERYBODY.
WHEN IS THIS EXPECTED TO BE COMPLETED? UH, I THINK ABOUT, UH, SEPTEMBER.
SO CAN YOU MAKE SURE THAT, UH, YOU LET OUR, OUR PLANNING DIRECTOR KNOW OF WHEN THAT'S GONNA BE? SO OUR COMMISSIONERS ATTEND TO? WELL, OF COURSE.
YEAH, WE, YOU CAN TOUR THE, YOU CAN TOUR THE WHOLE SIDE.
YOU CAN TOUR, TOUR THE OTHER TWO, UH, PIECES OF ART TOO.
'CAUSE WE ALSO HAVE THE SUSPENDED SCULPTURE IN THE LOBBY.
I THINK I, WE LOVE ALL TO GO
WILL THAT BE IT? ANY MORE QUESTIONS? NOPE.
SO, UM, I WOULD LIKE TO, UH, LET'S SEE.
WE'RE GONNA, I WOULD LIKE TO MAKE A MOTION TO APPROVE ART AND PUBLIC PLACES.
NUMBER 24 DASH TWO, PHASE TWO OF THE PROJECT CATEGORY EXEMPTION.
THE MONTE HOUT QUEEN OF THE VALLEY HOSPITAL.
THERE'S A, UH, A MOTION BY MYSELF AND A SECOND BY COMMISSIONER BRACE.
AND CAN JUST TO, CAN YOU VERIFY THE MOTION THAT WAS JUST PASSED? THE MOTION WAS TO APPROVE THE CONCEPT FOR THE ARTS AND PUBLIC PLACES.
OKAY, WE'LL NOW MOVE ON TO, WE'LL MOVE ON TO COMMISSION REPORTS
[COMMISSION REPORTS/COMMENTS AND MISCELLANEOUS ITEMS]
AND COMMENTS AND MISCELLANEOUS ITEMS. WOULD ANY OF THE COMMISSIONERS LIKE TO REPORT OR COMMENT ON AN ITEM? ANY COMMENTS? COMMISSIONER LEWIS? I JUST WANNA COMMENT, JUST 'CAUSE THIS HAS HAPPENED NOW TWICE, WHERE WE'VE HAD A SITUATION WHERE WE'VE HAD A MOTION, A ROLL CALL VOTE, AND THEN A STOP.UM, WHERE UNFORTUNATELY, UM, AND I KIND OF FEEL LIKE SOME OF MY COMMISSIONERS, UM, MIGHT FEEL LIKE THEY ARE BEING HUNG OUT TO DRY TO SOME DEGREE BY VIRTUE OF THE FACT THAT THEY VOTE.
AND THEN WE END UP HAVING TO HAVE FURTHER DISCUSSIONS ON THINGS.
UM, I, IN FACT, I CERTAINLY WELCOME FURTHER DISCUSSION, BUT I DO NOT, I DO NOT APPRECIATE HAVING TO HAVE A ROLL CALL SUBSEQUENTLY STOP THE ROLL CALL IN THE MIDDLE OF IT, HAVE FURTHER DISCUSSION, FURTHER INFORMATION CONSIDERED, AND NOT BEING PROVIDED THE OPPORTUNITY TO OPINE ON THAT WITH MY OWN VOTE.
UM, I THINK THAT THAT IS A PRACTICE THAT NEEDS TO STOP AND IT NEEDS TO STOP IMMEDIATELY.
[01:05:01]
I THINK THAT THIS BODY OUGHT TO INSTITUTE A RULE THAT IN THE EVENT THAT WE HAVE TO, THAT ONE PERSON VOTES, WE ALL HAVE TO VOTE.OR ALTERNATIVELY, WE, WE HAVE TO GO THROUGH AND RECONSIDER IF WE'RE GOING TO GO THROUGH AND CONSIDER NEW INFORMATION.
IT'S NOT FAIR TO THE PEOPLE WHO VOTE.
IF YOU WANTED TO COMMENT, YOU COULD OBVIOUS RATE, YOU COULD OBVIOUS ASK TO OPEN UP DISCUSSION.
COMMISSIONER LEWIS DAMAGE IS DONE, MR. CHAIRMAN
BUT ISN'T IT, UM, DURING THE VOTING, UM, DURING THE VOTING COURSE OF VOTING, IF SOMEONE ELSE OR SOME COMMISSIONS IS INTRODUCING A SECOND MOTION OR A THIRD MOTION, IS THAT A, IF THERE IS AN, AN ALTERNATE MOTION PROPOSED AND THE VOTING HAS NOT HAPPENED, THAT WOULD BE APPROPRIATE.
IF THE VOTING HAS BEGUN, IT SHOULD GO TO COMPLETION.
AND THEN IF THERE IS A REOPENING FOR DISCUSSION AT THAT POINT, THAT WOULD BE A REOPENING AND UNDOING OF THE VOTE THAT WAS JUST TAKEN.
SO PROCEDURALLY THE PROPER WAY IS ONCE THE MOTION AND THE VOTE HAS STARTED, IT SHOULD GO.
AND IF THERE IS SOMETHING THAT NEEDS TO BE PRESENTED, THAT'S ADDITIONAL INFORMATION, THEN THE BODY HAS THE OPTION TO EITHER REDO THAT VOTE AND RECONSIDER IT.
AND THEN, OH, I THINK WE HAVE, UH, BECAUSE I KNOW SOMETIMES COMMISSIONER BECERRA HAS QUESTIONS.
I KNOW SOMETIMES COMMISSIONER HANG HAS QUESTIONS AND I THINK THEY HAVE EVERY RIGHT TO DO SO.
UM, AND, AND, AND I HAVE QUESTIONS TODAY.
UM, AND I BELIEVE THE LAST PERSON WHO WAS OUR ACTING AS ASSISTANT CITY ATTORNEY INDICATED THAT IT WAS AT THE CHAIR'S DISCRETION TO ALLOW FOR A DISCUSSION TO REOPEN OR NOT CORRECT.
BUT IN THE MIDDLE OF A VOTE, IT WOULD BE LESS CONFUSING FOR MINUTES FOR THE STAFF AS WELL AS VIEWERS AT HOME TO FOLLOW WHAT MOTION IS BEING ACTED UPON TO HAVE THE VOTE HAPPEN.
OR IF, UM, ALL MEMBERS OR SOME MEMBERS SAY, I'M NOT READY TO VOTE YET, LET'S NOT CLOSE THE DISCUSSION, THAT CAN PROCEED AS WELL.
UM, I THINK IN PAUSE, AND COMMISSIONER LEWIS'S POINT, I BELIEVE WAS THAT IN THE MIDDLE OF A ROLL CALL VOTE, IF ANYTHING CHANGES BY REOPENING THE DISCUSSION, THOSE WHO HAVE ALREADY VOTED SHOULD BE ABLE TO CONSIDER THE NEW INFORMATION AND WHETHER THE MOTION IS CHANGED OR NOT, THAT THEY HAVE THE OPPORTUNITY TO ADDRESS THE ADDITIONAL INFORMATION THAT WAS RAISED.
IF THE COMMISSIONER, IF THAT COMMISSIONER BRINGS IT TO THE ATTENTION THAT THEY WANT TO SPEAK ON IT.
AND AGAIN, THAT IS BASED ON PROCEDURAL RULES OF THIS BODY.
SO IF THIS BODY WISHES TO HAVE SOMETHING IN PLACE TO SAY, ONCE THE, THE VOTING HAS BEGUN, THAT IT SHOULD CONTINUE, OR WHETHER, UH, IF FURTHER DISCUSSION OR AN ALTERNATE MOTION NEEDS TO HAPPEN, WHETHER THAT WILL CONSTITUTE A CHANGE TO THE MOTION THAT YOU'RE VOTING ON.
WELL I'M GONNA ENCOURAGE, UH, OUR CITY ATTORNEY'S OFFICE TO WORK TOGETHER TO COME UP WITH A CONCLUSIVE LEGAL OPINION.
BECAUSE I KNOW BARRON HAD A DIFFERENT LEGAL OPINION AND I KNOW YOU HAVE A DIFFERENT LEGAL OPINION.
'CAUSE I KNOW AT TIMES THIS BODY DOES HAVE QUESTIONS SOMETIMES WHEN THE VOTING'S GOING ON, AND OBVIOUSLY WE DON'T WANNA IMPEDE FREE FREEDOM OF SPEECH.
AND, AND, AND OBVIOUSLY THEY'RE BEEN APPOINTED TO THESE POSITIONS TO BE A VOICE FOR THE COMMUNITY.
BUT THEN IF YOU'RE GONNA ABSTAIN, WHAT'S THE POINT? MM-HMM.
BUT YOU'RE NOT THE ONLY OFFENDER.
I THINK THE ONLY ONES THAT AREN'T IS, UH, VICE CHAIR, COMMISSIONER, HANGING.
WE'RE THE ONLY THREE THAT DON'T VIOLATE THAT.
AND FOR PROCEDURAL, YES, THE DISCUSSION CAN BE REOPENED, BUT I THINK AT THAT POINT IT SHOULD BE A NEW MOTION, A NEW, UM, A NEW, NEW, HOW SHOULD I SAY, A CLARIFIED, UM, MOTION SO THAT EVERYONE WHO IS VOTING HAS A CHANCE TO ADDRESS THAT NEW INFORMATION.
SO IT WOULDN'T JUST PICK UP FROM ONE PERSON REMAINING ON THE VOTE.
BUT TO RESTATE THE MOTION AND WHAT IS ALREADY OUT THERE AND CLARIFY WHETHER THERE IS AN ALTERNATE MOTION OR NOT.
AND THEN SO EVERYONE IS CLEAR AS TO WHAT THEIR VOTING ON AND TO BE ABLE TO ADDRESS THAT.
AND I THINK, YEAH, IN SOME WAY THAT IS BASICALLY REOPENING THE DISCUSSION.
IT'S NOT SAYING THAT YOU CAN'T REOPEN IT, BUT FOR CLARITY OF THE RECORD AS WELL AS THE CLARITY OF THE MINUTES, YOU KNOW, FOR THE NEXT TIME.
UM, IT IS SIMPLER OR CLEARER IF WE CAN RESTATE, UM, THE, THE MOTION, INCLUDING WHATEVER NEW INFORMATION MAY HAVE BEEN PRESENTED.
MAYBE NOT, MAYBE THERE IS NO NEW INFORMATION, BUT THE FACT THAT THAT CAN BE ADDRESSED AND SAY, OKAY, LET'S RESTATE THE MOTION AND LET'S DO THE VOTE AGAIN.
YOU KNOW, THAT THAT'S, I THINK THE, THE
[01:10:01]
SOLUTION TO IT.SO BASICALLY WHAT SHOULD HAVE HAPPENED IS WE VOTED AND HE COULD HAVE ABSTAINED, AND THEN IT WOULD'VE, IT WOULD'VE GONE THROUGH ANYWAYS.
'CAUSE IT WAS, IT WAS, UH, 3, 2, 1.
IT WOULD NOT HAVE CHANGED THE RESULT OF WHETHER THE MOTION PASSES OR NOT.
NOT BASED ON THE VOTE THAT ULTIMATELY YOU ALREADY HAD THREE, CORRECT? YES.
SO YOU, LET'S SAY THAT IF WE DID VOTE AND WE HAD THREE, AND IF SOMEONE EL UH, COMMISSION WANTS TO INTRODUCE ANOTHER MOTION, THEN WE CAN CONTINUE VOTING.
THAT WOULD BE AN ALTERNATE MOTION.
AND, AND THAT WOULD BE PRESENTED AND VOTED UPON WITH THE ALTERNATE MOTION.
BUT ONCE THE VOTING HAS STARTED, IT SHOULD BE ONE.
SO ANY COMMISSIONER CAN ACTUALLY INTRODUCE ANOTHER MOTION SO THAT WE CAN VOTE IT UPON AS, AS AN ALTERNATE.
AS AN ALTERNATE OR SUBSTITUTE MOTION.
SO IT'S JUST IN THE VERBIAGE, IT'S JUST, IT'S FOR, IT'S, IT'S HOW THE MOTION IS ACTUALLY STATED, SO EVERYONE KNOWS WHAT THEY'RE VOTING ON.
AND SO THAT THE, SO THAT IT'S VERY CLEAR FOR ALL COMMISSIONERS TO MAKE YOUR DECISION BASED ON WHAT THE MOTION IS.
SO EVEN THOUGH THERE WAS A VOTE AT THE BEGINNING, I LIKE, THERE'S A FIRST MOTION IT, EVEN THOUGH IT PASSED, COMMISSIONER CAN ALSO INTRODUCE ANOTHER MOTION AND BEING VOTED UPON AGAIN, IF IT, IF IT PASSED, THEN IF THE, THE, IF THE MOTION HAD PASSED, THAT IS THE AL ACTION ALREADY TAKEN.
HOWEVER, AGAIN, AS AS YOU HAVE SEEN THE PRIOR MEETING, THERE ARE WAYS TO REOPEN AN ITEM OR RECONSIDER, BUT AGAIN, THAT'S A SEPARATE MOTION.
IT'S A DIFFERENT VOTE AT THAT POINT.
SO, WELL, TO RECONSIDER, WOULDN'T THAT BE JUST WHAT HE DID THOUGH, TO RECONSIDER THAT IS NOT WHAT WAS PRESENTED TODAY.
NO, THERE WAS A, YOU WANTED AN AMENDMENT AND I THINK NO, I, I STATED THAT THE ADVOCATE HAD AGREED TO, UH, I VOLUNTARILY AGREED TONIGHT, OR, OR I VOLUNTARILY AGREED TO MOVE THAT OVER AND I WANTED THAT NOTATED ON THE NOTES.
BUT SINCE THERE NEEDED TO BE CLARIFICATION, I REOPENED PUBLIC DISCUSSION TO ALLOW THE APPLICANT TO RE-VERIFY HIS COMMITMENT ON, ON THAT NOTATION.
SO THERE WAS NO NEED TO DO THAT UNLESS THERE WOULD NEEDED TO BE CLARIFICATION.
AND, AND THIS TODAY THERE NEEDED TO BE CLARIFICATION IF THAT WAS GONNA BE A, IF THAT HAD TO BE A, A SUPPLEMENT MOTION, WHICH IN THIS CASE DID NOT, BECAUSE THE A, IT WAS JUST TO BE NOTATED AS NOTES.
AND THAT WAS WHY I ASKED FOR A CLARIFICATION OF WHETHER THE MOTION WAS GOING TO BE CHANGED BASED OFF OF THAT AND WHETHER YOU WERE REQUESTING A REVISION TO THE RESOLUTION.
AND WHEN IT WAS CLARIFIED, IT WAS NOT, IT'S STILL THE SAME MOTION THAT'S WE PROCEEDED WITH THE REMAINDER OF THE VOTE.
BUT IN THIS INSTANT, LET'S SAY COMMISSIONER LEWIS WISHES TO MAKE CHANGES HIS VOTE, WHILE WE HAVEN'T COMPLETED YET, UM, I MEAN HE DID VOTED ALREADY, BUT AT THE END OF HIS DISCUSSIONS, IF HE WANTED CHANGE HIS VOTE, HE COULD HAVE SPEAK UP.
AT THAT POINT, IF HE HAD ALREADY VOTED AND NOT BEEN ABLE TO, AND THE MOTION HAD NOT CHANGED, IT WOULD STILL BE THE VOTE.
UM, AND THAT WOULD REQUIRE A MOTION FOR RECONSIDERATION.
SO, AND AS FAR AS LIKE PROCEDURALLY, IF, IF THERE ARE A SET OF RULES THAT THIS BODY WISHES TO ADOPT, I DO THINK THAT WOULD BE APPROPRIATE TO AGENDIZE FOR FULL DISCUSSION TO SAY HOW YOU WANT TO RUN YOUR MEETING, HOW YOU WANT THE VOTING TO HAPPEN.
THOSE MEETING RULES ARE SOMETHING THAT THIS BODY CAN ESTABLISH FOR HOW YOU WANT TO RUN YOUR MEETING.
AND IF THAT IS THE CASE, I THINK THAT IS THE APPROPRIATE FORUM FOR THIS FULL DISCUSSION.
THIS, THIS IS NOT AN AGENDA ITEM ON, ON HOW TO ESTABLISH YOUR RULES.
SO IF THERE IS A DESIRE TO SET MEETING RULES OTHER THAN WHAT IS IN THE MUNICIPAL CODE AND YOU KNOW THAT THE COUNCIL FOLLOWS, UM, YOU ARE FREE TO DO SO AND WE CAN, YEAH, I THINK I ONLY HAVE ROBERT RULES OF ORDERS FOR THAT, BUT, UM, GREAT.
AND THEN, UM, YEAH, SO, AND THEN JUST TO CLARIFY, UH, YEAH, SO, SO PERFECT.
SO I LOOK ALL THAT WAS ALL ANSWERED.
[4. COMMUNITY DEVELOPMENT DIRECTOR'S REPORT]
WE'LL MOVE ON TO, UH, UH, COMMUNITY DEVELOPMENT DIRECTORS REPORT.JOHN, DO YOU HAVE ANY ITEMS TO REPORT? YES, THERE WILL BE AN EARTH DAY IN ARBOR DAY EVENT ON SATURDAY, APRIL 27TH, UM, 2024 FROM 11:00 AM TO 1:00 PM AT THE WEST COVINA CIVIC CENTER.
[01:15:01]
BASED ON THE DISCUSSION DURING THE COMMISSIONER'S REPORT, STAFF WILL BE BRINGING IN AN ITEM, UM, AEM IZING AN ITEM, UM, FOR THE PLANNING COMMISSION DISCUSSION.UH, MAINLY BECAUSE THE CITY WILL BE PROVIDING THE PLANNING COMMISSION'S EMAIL ADDRESSES, AND THAT WILL BE A PART OF, AND THAT WILL BE DONE IN THE FUTURE.
AND IT'LL BE A PART OF THE, THE, UM, THE COM PLANNING COMMISSIONER'S DOCUMENT THAT ROSE, UM, DEPUTY CITY ATTORNEY ROSEMARY CO.
[5. CITY COUNCIL ACTION]
AS FAR AS CITY COUNCIL ACTIONS ARE CONCERNED.THE ZONE CHANGE, UM, UM, IN REGARDS TO THE DEVELOPMENT CODE UPDATE WAS APPROVED BY THE CITY COUNCIL AND IT'S SCHEDULED FOR A SECOND READING, UH, UM, AT, AT ON APRIL 16TH.
THAT CONCLUDES THE DIRECTOR'S REPORT.
AND THEN, UM, FINALLY, DO WE HAVE A STATUS, OR MAYBE THIS HAS TO BE DISCUSSED AT THE NEXT MEETING ON THE REBEL BAR AND GRILL? IT WAS INITIALLY SCHEDULED FOR TO, UM, FOR THE CITY COUNCIL MEETING IN DECEMBER.
HOWEVER, THE, THE APPLICANT OR THE BUSINESS OWNER'S ATTORNEY REQUESTED THAT THEY PARTICIPATE WITH THE CITY IN THE CIVIL COMPROMISE.
AND CURRENTLY THE CITY ATTORNEY, UM, IS IN DISCUSSION WITH THEIR ATTORNEY.
UM, AND AS OF RIGHT NOW, I CAN'T SPEAK TO, TO, UH, THE, THE DISCUSSION.
UM, BUT STAFF WILL BE PROVIDING THE PLANNING COMMISSION AN UPDATE WHEN IT IS SCHEDULED FOR CITY COUNCIL REVIEW.
AND, UM, WE'LL NOW MOVE ON TO, UM, SINCE THERE'S NO FURTHER BUSINESS, UM, TO DISCUSS, THE MEETING IS ADJOURNED AT 8:22 PM PACIFIC TIME.